11-117 Withdrawal of candidates; disqualification; death; notice. (a) Any candidate may withdraw in writing not later than 4:30 p.m. on the day immediately following the close of filing for any reason and may withdraw after the close of filing up to 4:30 p.m. on the fiftieth day prior to an election for reasons of ill health. When a candidate withdraws for ill health, the candidate shall give notice in writing to the chief election officer if the candidate was seeking a congressional or state office, or the candidate shall give notice in writing to the county clerk if the candidate was seeking a county office. The notice shall be accompanied by a statement from a licensed physician or physician assistant indicating that such ill health may endanger the candidate's life.

A candidate who withdraws the candidate's own nomination papers prior to the close of filing shall not be considered to have caused a vacancy that may be filled by a party under section 11-118.

(b) On receipt of the notice of death, withdrawal, or upon determination of disqualification, the chief election officer or the clerk shall inform the chairperson of the political party of which the person deceased, withdrawing, or disqualified was a candidate. When a candidate dies, withdraws, or is disqualified after the close of filing and the ballots have been printed, the chief election officer or the clerk may order the candidate's name stricken from the ballot or order that a notice of the death, withdrawal, or disqualification be prominently posted at the appropriate polling places on election day.

(c) In no case shall the filing fee be refunded after filing. [L 1970, c 26, pt of 2; am L 1972, c 77, 5; am L 1973, c 217, 1(ii); am L 1983, c 34, 15; am L 1990, c 7, 2; am L 2009, c 151, 3; am L 2011, c 143, 3 and c 159, 1]

 

Cross References

 

Convicted persons, see chapter 831.

 

Attorney General Opinions

 

After twenty-four hours after the close of filing, a candidate is not entitled to withdraw and to have name dropped from the ballot. Att. Gen. Op. 70-23.

 

Case Notes

 

Circuit court erred in concluding that based upon individual's "withdrawal" from the district race, the office of elections was authorized pursuant to this section and/or 11-118 to allow the Republican Party three additional days to identify a "replacement" candidate; individual could not have withdrawn individual's nomination papers as the papers were void and should never have been accepted and filed by the county clerk; therefore, without these additional days, replacement individual's nomination papers were filed after the statutory deadline and individual's name should not have been on the ballot. 126 H. 115 (App.), 267 P.3d 699 (2011).

 

 

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