How the vacant office of Illinois Comptroller will be filled

Judy Baar Topinka, the Republican Comptroller of Illinois, died early this morning after suffering a stroke. She was 70 years of age at the time of death.

I’m not an attorney, but here’s the part of the Illinois Constitution that deals with filling vacancies in the state comptroller’s office (Article V, Section 7):

If the Attorney General, Secretary of State, Comptroller or Treasurer fails to qualify or if his office becomes vacant, the Governor shall fill the office by appointment. The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law and shall not be subject to removal by the Governor. If the Lieutenant Governor fails to qualify or if his office becomes vacant, it shall remain vacant until the end of the term.

This is an instance in which both the incumbent comptroller failed to qualify for a new term after being elected to a second term and died in office before completing her first term in office. Since I’m not sure if Illinois state law allows for a special election to fill the vacancy (the Illinois Constitution appears to allow the General Assembly to provide for special elections for comptroller if it wishes to pass a law in order to do so, but doesn’t require special elections for comptroller), I’m going to provide two scenarios for filling the vacancy in the Illinois Comptroller’s office; one scenario involves a special election being called and the other scenario involves no special election being called.

SCENARIO #1: SPECIAL ELECTION

  • Either Democratic Governor Pat Quinn (if he makes the appointment before he leaves office) or Republican Governor-elect Bruce Rauner (if Quinn does not make the appointment before Rauner is sworn into office) appoints someone until a successor chosen by voters in a special statewide election for comptroller is sworn into office.
  • The special election would be held either in the spring of 2015 (possibly at the same time as the Chicago mayoral election and other local elections across the state), the fall of 2016 (possibly at the same time as the presidential and U.S. Senate elections), or on some other date as specified by any law allowing for a special election for comptroller.

SCENARIO #2: NO SPECIAL ELECTION

  • Either Democratic Governor Pat Quinn (if he makes the appointment before he leaves office) or Republican Governor-elect Bruce Rauner (if Quinn does not make the appointment before Rauner is sworn into office) appoints someone to fill the vacancy in the comptroller’s office.
  • The next general election for comptroller is scheduled for November 2018, meaning that whoever is appointed by either Quinn or Rauner would, depending on the date that the appointee takes office, serve slightly more or less than a full four-year term as comptroller.

If someone can definitively tell me what procedure is used for filling a vacancy in the Illinois Comptroller’s office, let me know by leaving a comment on this blog post.

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