Public Act 101-0523
 
SB0100 EnrolledLRB101 06953 AWJ 51986 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Election Code is amended by changing 
Sections 2A-41 and 7-12 as follows:
 



    (10 ILCS 5/2A-41)  (from Ch. 46, par. 2A-41)



    Sec. 2A-41. Sanitary District - Trustee - Time of Election. 
A
trustee of a Sanitary District which elects its trustees, 
other than the
Metropolitan Sanitary District of Greater 
Chicago or the Fox Metro Water Reclamation District, shall be 
elected at
the general election in each even-numbered year 
which immediately
precedes the expiration of the term of any 
incumbent trustee, to succeed
each incumbent trustee whose term 
ends before the following general
election.

(Source: P.A. 80-936.)

 


    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)




    Sec. 7-12. All petitions for nomination shall be filed by 
mail or
in person as follows:
        (1) Where the nomination is to be made for a State, 
    congressional, or
judicial office, or for any office a 
    nomination for which is made for a
territorial division or 
    district which comprises more than one county or
is partly 
    in one county and partly in another county or counties 
    (including the Fox Metro Water Reclamation District), 
    then,
except as otherwise provided in this Section, such 
    petition for nomination
shall be filed in the principal 
    office of the State Board of Elections not
more than 113 
    and not less than 106 days prior to the date of the 
    primary,
but, in the case of petitions for nomination to 
    fill a vacancy by special
election in the office of 
    representative in Congress from this State, such
petition 
    for nomination shall be filed in the principal office of 
    the State
Board of Elections not more than 85 days and not 
    less than 82 days prior to
the date of the primary.

        Where a vacancy occurs in the office of Supreme, 
    Appellate or Circuit
Court Judge within the 3-week period 
    preceding the 106th day before a
general primary election, 
    petitions for nomination for the office in which
the 
    vacancy has occurred shall be filed in the principal office 
    of the
State Board of Elections not more than 92 nor less 
    than 85 days prior to
the date of the general primary 
    election.

        Where the nomination is to be made for delegates or 
    alternate
delegates to a national nominating convention, 
    then such petition for
nomination shall be filed in the 
    principal office of the State Board of
Elections not more 
    than 113 and not less than 106 days prior to the date of

    the primary; provided, however, that if the rules or 
    policies of a national
political party conflict with such 
    requirements for filing petitions for
nomination for 
    delegates or alternate delegates to a national nominating

    convention, the chair of the State central committee of 
    such national
political party shall notify the Board in 
    writing, citing by reference the
rules or policies of the 
    national political party in conflict, and in such
case the 
    Board shall direct such petitions to be filed in accordance 
    with the delegate selection plan adopted by the state 
    central committee of such national political party.

        (2) Where the nomination is to be made for a county 
    office or trustee
of a sanitary district then such petition 
    shall be filed in the office
of the county clerk not more 
    than 113 nor less than 106 days prior to the
date of the 
    primary.

        (3) Where the nomination is to be made for a municipal 
    or township
office, such petitions for nomination shall be 
    filed in the office of
the local election official, not 
    more than 99 nor less than 92 days
prior to the date of the 
    primary; provided, where a municipality's or
township's 
    boundaries are coextensive with or are entirely within the

    jurisdiction of a municipal board of election 
    commissioners, the petitions
shall be filed in the office 
    of such board; and provided, that petitions
for the office 
    of multi-township assessor shall be filed with the election

    authority.

        (4) The petitions of candidates for State central 
    committeeperson shall
be filed in the principal office of 
    the State Board of Elections not
more than 113 nor less 
    than 106 days prior to the date of the primary.

        (5) Petitions of candidates for precinct, township or 
    ward committeepersons
 shall be filed in the office of the 
    county clerk not more
than 113 nor less than 106 days prior 
    to the date of the primary.

        (6) The State Board of Elections and the various 
    election authorities
and local election officials with 
    whom such petitions for nominations
are filed shall specify 
    the place where filings shall be made and upon
receipt 
    shall endorse thereon the day and hour on which each 
    petition
was filed.  All petitions filed by persons waiting 
    in line as of 8:00
a.m. on the first day for filing, or as 
    of the normal opening hour of
the office involved on such 
    day, shall be deemed filed as of 8:00 a.m.
or the normal 
    opening hour, as the case may be.  Petitions filed by mail

    and received after midnight of the first day for filing and 
    in the first
mail delivery or pickup of that day shall be 
    deemed as filed as of 8:00
a.m.  of that day or as of the 
    normal opening hour of such day, as the
case may be. All 
    petitions received thereafter shall be deemed as filed
in 
    the order of actual receipt.  However, 2 or more petitions 
    filed within the last hour of the filing deadline shall be 
    deemed filed simultaneously. Where 2 or more petitions are 
    received
simultaneously, the State Board of Elections or 
    the various election
authorities or local election 
    officials with whom such petitions are
filed shall break 
    ties and determine the order of filing, by means of a

    lottery or other fair and impartial method of random 
    selection approved
by the State Board of Elections.  Such 
    lottery shall be conducted within
9 days following the last 
    day for petition filing and shall be open to the
public. 
    Seven days written notice of the time and place of 
    conducting such
random selection shall be given by the 
    State Board of Elections to the chair
 of the State central 
    committee of each established political
party, and by each 
    election authority or local election official, to the

    County Chair of each established political party, and to 
    each
organization of citizens within the election 
    jurisdiction which was
entitled, under this Article, at the 
    next preceding election, to have
pollwatchers present on 
    the day of election.  The State Board of Elections,
election 
    authority or local election official shall post in a 
    conspicuous,
open and public place, at the entrance of the 
    office, notice of the time
and place of such lottery. The 
    State Board of Elections shall adopt rules
and regulations 
    governing the procedures for the conduct of such lottery.

    All candidates shall be certified in the order in which 
    their petitions
have been filed.  Where candidates have 
    filed simultaneously, they shall be
certified in the order 
    determined by lot and prior to candidates who filed
for the 
    same office at a later time.

        (7) The State Board of Elections or the appropriate 
    election
authority or local election official with whom 
    such a petition for
nomination is filed shall notify the 
    person for whom a petition for
nomination has been filed of 
    the obligation to file statements of
organization, reports 
    of campaign contributions, and annual reports of
campaign 
    contributions and expenditures under Article 9 of this Act.

    Such notice shall be given in the manner prescribed by 
    paragraph (7) of
Section 9-16 of this Code.

        (8) Nomination papers filed under this Section are not 
    valid if the
candidate named therein fails to file a 
    statement of economic interests
as required by the Illinois 
    Governmental Ethics Act in relation to his
candidacy with 
    the appropriate officer by the end of the period for the

    filing of nomination papers unless he has filed a statement 
    of economic
interests in relation to the same governmental 
    unit with that officer
within a year preceding the date on 
    which such nomination papers were
filed.  If the nomination 
    papers of any candidate and the statement of
economic 
    interest of that candidate are not required to be filed 
    with
the same officer, the candidate must file with the 
    officer with whom the
nomination papers are filed a receipt 
    from the officer with whom the
statement of economic 
    interests is filed showing the date on which such
statement 
    was filed.  Such receipt shall be so filed not later than 
    the
last day on which nomination papers may be filed.

        (9) Any person for whom a petition for nomination, or 
    for committeeperson or
for delegate or alternate delegate 
    to a national nominating convention has
been filed may 
    cause his name to be withdrawn by request in writing, 
    signed
by him and duly acknowledged before an officer 
    qualified to take
acknowledgments of deeds, and filed in 
    the principal or permanent branch
office of the State Board 
    of Elections or with the appropriate election
authority or 
    local election official, not later than the date of

    certification of candidates for the consolidated primary 
    or general primary
ballot. No names so withdrawn shall be 
    certified or printed on the
primary ballot.  If petitions 
    for nomination have been filed for the
same person with 
    respect to more than one political party, his name
shall 
    not be certified nor printed on the primary ballot of any 
    party.
If petitions for nomination have been filed for the 
    same person for 2 or
more offices which are incompatible so 
    that the same person could not
serve in more than one of 
    such offices if elected, that person must
withdraw as a 
    candidate for all but one of such offices within the
5 
    business days following the last day for petition filing.  A 
    candidate in a judicial election may file petitions for 
    nomination for only one vacancy in a subcircuit and only 
    one vacancy in a circuit in any one filing period, and if 
    petitions for nomination have been filed for the same 
    person for 2 or more vacancies in the same circuit or 
    subcircuit in the same filing period, his or her name shall 
    be certified only for the first vacancy for which the 
    petitions for nomination were filed. If he fails to

    withdraw as a candidate for all but one of such offices 
    within such time
his name shall not be certified, nor 
    printed on the primary ballot, for any
office.  For the 
    purpose of the foregoing provisions, an office in a

    political party is not incompatible with any other office.

        (10)(a) Notwithstanding the provisions of any other 
    statute, no primary
shall be held for an established 
    political party in any township,
municipality, or ward 
    thereof, where the nomination of such
party for every 
    office to be voted upon by the electors of such
township, 
    municipality, or ward thereof, is uncontested.  Whenever a

    political party's nomination of candidates is uncontested 
    as to one or
more, but not all, of the offices to be voted 
    upon by the electors of a
township, municipality, or ward 
    thereof, then a primary shall
be held for that party in 
    such township, municipality, or ward thereof;
provided 
    that the primary ballot shall not include those offices

    within such township, municipality, or ward thereof, for 
    which the
nomination is uncontested.  For purposes of this 
    Article, the nomination
of an established political party 
    of a candidate for election to an office
shall be deemed to 
    be uncontested where not more than the number of persons
to 
    be nominated have timely filed valid nomination papers 
    seeking the
nomination of such party for election to such 
    office.

        (b) Notwithstanding the provisions of any other 
    statute, no primary
election shall be held for an 
    established political party for any special
primary 
    election called for the purpose of filling a vacancy in the 
    office
of representative in the United States Congress 
    where the nomination of
such political party for said 
    office is uncontested.  For the purposes of
this Article, 
    the nomination of an established political party of a

    candidate for election to said office shall be deemed to be 
    uncontested
where not more than the number of persons to be 
    nominated have timely filed
valid nomination papers 
    seeking the nomination of such established party
for 
    election to said office. This subsection (b) shall not 
    apply if such
primary election is conducted on a regularly 
    scheduled election day.

        (c) Notwithstanding the provisions in subparagraph (a) 
    and (b) of this
paragraph (10), whenever a person who has 
    not timely filed valid nomination
papers and who intends to 
    become a write-in candidate for a political
party's 
    nomination for any office for which the nomination is 
    uncontested
files a written statement or notice of that 
    intent with the State Board of
Elections or the local 
    election official with whom nomination papers for
such 
    office are filed, a primary ballot shall be prepared and a 
    primary
shall be held for that office.  Such statement or 
    notice shall be filed on
or before the date established in 
    this Article for certifying candidates
for the primary 
    ballot.  Such statement or notice shall contain (i) the
name 
    and address of the person intending to become a write-in 
    candidate,
(ii) a statement that the person is a qualified 
    primary elector of the
political party from whom the 
    nomination is sought, (iii) a statement that
the person 
    intends to become a write-in candidate for the party's

    nomination, and (iv) the office the person is seeking as a 
    write-in
candidate.  An election authority shall have no 
    duty to conduct a primary
and prepare a primary ballot for 
    any office for which the nomination is
uncontested unless a 
    statement or notice meeting the requirements of this

    Section is filed in a timely manner.

        (11) If multiple sets of nomination papers are filed 
    for a candidate to
the same office, the State Board of 
    Elections, appropriate election
authority or local 
    election official where the petitions are filed shall

    within 2 business days notify the candidate of his or her 
    multiple petition
filings and that the candidate has 3 
    business days after receipt of the
notice to notify the 
    State Board of Elections, appropriate election
authority 
    or local election official that he or she may cancel prior 
    sets
of petitions.  If the candidate notifies the State 
    Board of Elections,
appropriate election authority or 
    local election official, the last set of
petitions filed 
    shall be the only petitions to be considered valid by the

    State Board of Elections, election authority or local 
    election official.  If
the candidate fails to notify the 
    State Board of Elections, election authority
or local

    election official then only the first set of petitions 
    filed shall be valid
and all subsequent petitions shall be 
    void.

        (12) All nominating petitions shall be available for 
    public inspection
and shall be preserved for a period of 
    not less than 6 months.

(Source: P.A. 99-221, eff. 7-31-15; 100-1027, eff. 1-1-19.)

 
    Section 10. The Sanitary District Act of 1917 is amended  by 
changing Section 3 as follows:
 



    (70 ILCS 2405/3)  (from Ch. 42, par. 301)



    Sec. 3. Board of trustees; creation; term. A board of 
trustees shall be created, consisting of 5 members
in any 
sanitary district which includes one or more municipalities 
with
a population of over 90,000 but less than 500,000 
according to the most
recent Federal census, and consisting of 
3 members in any other district.
However, the board of trustees 
for the Fox River Water Reclamation District, the Sanitary 
District of Decatur, and the Northern Moraine Wastewater 
Reclamation District

shall each consist of 5 members.  Each 
board of trustees shall be created for the
government, control 
and management of the affairs and business of each
sanitary 
district organized under this Act shall be created in the

following manner:


        (1) If the district's corporate boundaries are located 
    wholly within a single county, the
presiding officer of the 
    county board, with the advice and consent of
the county 
    board, shall appoint the trustees for the district;


        (2) If the district's corporate boundaries are located 
    in more than one county, the members
of the General 
    Assembly whose legislative districts encompass any
portion 
    of the district shall appoint the trustees for the 
    district.

    In any sanitary district which shall have a 3 member board 
of trustees,
within 60 days after the adoption of such act, the 
appropriate
appointing authority shall appoint three trustees 
not more than 2 of
whom shall be from one incorporated city, 
town or village in districts
in which are included 2 or more 
incorporated cities, towns or villages,
or parts of 2 or more 
incorporated cities, towns or villages, who shall
hold their 
office respectively for 1, 2 and 3 years, from the first
Monday 
of May next after their appointment and until their successors

are appointed and have qualified, and thereafter on or before 
the second
Monday in April of each year the appropriate 
appointing authority shall
appoint one trustee whose term shall 
be for 3 years commencing the first
Monday in May of the year 
in which he is appointed.  The
length of the term of the first 
trustees shall be determined by lot at
their first meeting. 

    In the case of any sanitary district created after January 
1, 1978 in which
a 5 member board of trustees is required, the 
appropriate appointing authority
shall appoint 5 trustees, one 
of whom shall hold office for one year, two
of whom shall hold 
office for 2 years, and 2 of whom shall hold office for
3 years 
from the first Monday of May next after their respective 
appointments
and until their successors are appointed and have 
qualified.  Thereafter,
on or before the second Monday in April 
of each year the appropriate
appointing authority shall appoint 
one trustee or 2 trustees, as shall be
necessary to maintain a 
5 member board of trustees, whose terms shall be for 3
years

commencing the first Monday in May of the year in which they 
are respectively
appointed.  The length of the terms of the 
first trustees shall be determined
by lot at their first 
meeting.

    In any sanitary district created prior to January 1, 1978 
in which a
5 member board of trustees is required as of January 
1, 1978,
the two trustees already serving terms which do not 
expire on May 1, 1978
shall continue to hold office for the 
remainders of their respective terms,
and 3 trustees shall be 
appointed by the appropriate appointing authority
by April 10, 
1978 and shall hold office for terms beginning May 1, 1978.
Of 
the three new trustees, one shall hold office for 2 years and 2 
shall
hold office for 3 years from May 1, 1978 and until their 
successors are
appointed and have qualified.  Thereafter, on or 
before the second Monday
in April of each year the appropriate 
appointing authority shall appoint
one trustee or 2 trustees, 
as shall be necessary to maintain a 5 member
board of trustees, 
whose terms shall be for 3 years commencing the first
Monday in 
May of the year in which they are respectively appointed.  The

lengths of the terms of the trustees who are to hold office 
beginning May
1, 1978 shall be determined by lot at their first 
meeting after May 1, 1978.

    No more than 3 members of a 5 member board of trustees may 
be of the same
political party; except that in any sanitary 
district which otherwise
meets the requirements of this Section 
and which lies within 4 counties of the
State of Illinois or, 
prior to April 30, 2008, in the Fox River Water Reclamation 
District; the
appointments of the 5 members of the board of 
trustees
shall be made without regard to political party. 
Beginning with the appointments made on April 30, 2008, all 
appointments to the board of trustees of the Fox River Water 
Reclamation District shall be made so that no more than 3 of 
the 5 members are from the same political party.

    Beginning with the 2021 municipal election, the board of 
trustees of the Fox Metro Water Reclamation District shall be 
elected as provided in this paragraph. The election of trustees 
shall be in accordance with Section 2A-1.1 of the Election 
Code. Any board member serving on the effective date of this 
amendatory Act of the 101st General Assembly whose term does 
not expire in 2021 shall serve until his or her successor is 
elected and qualified. The board of trustees of the Fox Metro 
Water Reclamation District shall: on or before January 1, 2020, 
divide the Fox Metro Water Reclamation District into 5 trustee 
districts and assign the trustee districts to reflect the 
results of the most recent federal decennial census; and 
thereafter, in the year following each decennial census, 
redistrict the trustee districts to reflect the results of the 
most recent census. The board of trustees shall consist of 1 
elected trustee in each trustee district. A petition for 
nomination for election of a trustee of the Fox Metro Water 
Reclamation District shall contain at least 100 signatures of 
registered voters residing within the Fox Metro Water 
Reclamation District. The trustees shall be elected for 
staggered terms at the election as provided by the Election 
Code. Two trustees shall be elected at the 2021 election, and 3 
trustees shall be elected at the following consolidated 
election. Elected trustees shall take office on the first 
Tuesday after the first Monday in the month following the month 
of their election and shall hold their offices for 4 years and 
until their successors are elected and qualified. If a vacancy 
occurs before the 2021 election on the board of trustees of the 
Fox Metro Water Reclamation District: (i) the District Manager 
shall, no later than 7 days from the date of the vacancy, 
notify the State legislators representing any portion of the 
District, publish notification of the vacancy on the District's 
website, and send notification of the vacancy to local 
newspapers, radio stations, and television stations; (ii) each 
notification published or sent shall contain instructions on 
how to apply to the District Manager for the vacant trustee 
position; (iii) applications for the vacancy shall be accepted 
for at least 30 days after the date the notification of the 
vacancy was published and sent; (iv) applications for the 
vacancy shall include a letter of interest and resume; (v) once 
the application period has closed, the District Manager shall 
forward all applications received to the State legislators 
notified of the vacancy in item (i); (vi) the President of the 
board of trustees and the District Manager shall hold a public 
meeting with the State legislators notified of the vacancy to 
review all applications and, by unanimous vote of all State 
legislators representing any portion of the District, select a 
candidate to fill the trustee vacancy; and (vii) the board of 
trustees shall appoint the selected candidate at the next board 
of trustees meeting. If a vacancy exists after the 2021 
election on the board of trustees of the Fox Metro Water 
Reclamation District, the vacancy shall be filled by 
appointment by the president of the board of trustees, with the 
advice and consent of the members of the board of trustees, 
until the next regular election at which trustees of the 
district are elected, and shall be made a matter of record in 
the office of the county clerk in the county where the district 
is located; for a vacancy filled by appointment, the portion of 
the unexpired term remaining after the next regular election at 
which trustees of the district are elected shall be filled by 
election, as provided for in this paragraph.
    Within 60 days after the release of Federal census 
statistics showing that
a sanitary district having a 3 member 
board of trustees contains one
or more municipalities with a 
population over 90,000 but less than 500,000,
or, for the 
Northern Moraine Wastewater Reclamation District, within 60 
days after the effective date of this amendatory Act of the 
95th General Assembly, the appropriate appointing authority 
shall appoint 2 additional trustees
to the board of trustees, 
one to hold office for 2 years and one to hold
office for 3 
years from the first Monday of May next after their appointment

and until their successors are appointed and have qualified.  
The lengths
of the terms of these two additional members shall 
be determined by lot
at the first meeting of the board of 
trustees held after the additional
members take office.  The 
three trustees already holding office in the sanitary
district 
shall continue
to hold office for the remainders of their 
respective terms.  Thereafter,
on or before the second Monday in 
April of each year the appropriate appointing
authority shall 
appoint one trustee or 2 trustees, as shall be necessary
to 
maintain a 5 member board of trustees, whose terms shall be for 
3 years
commencing the first Monday in May of the year in which 
they are respectively
appointed.

    If any sanitary district having a 5 member board of 
trustees shall cease
to contain one or more municipalities with 
a population over 90,000 but
less than 500,000 according to the 
most recent Federal census, then, for
so long as that sanitary 
district does not contain one or more such
municipalities,
on 
or before the second Monday in April of each year the 
appropriate appointing
authority shall
appoint one trustee 
whose term shall be for 3 years commencing the first
Monday in 
May of the year in which he is appointed.  In districts which

include 2 or more incorporated cities, towns, or villages, or 
parts of 2
or more incorporated cities, towns, or villages, all 
of the trustees shall
not be from one incorporated city, town 
or village.

    If a vacancy occurs on any board of trustees, the 
appropriate appointing
authority shall within 60 days appoint a 
trustee who shall hold office for
the remainder of the vacated 
term.

    The appointing authority shall require each of the trustees 
to enter
into bond, with security to be approved by the 
appointing authority, in
such sum as the appointing authority 
may determine.

    A majority of the board of trustees shall constitute a 
quorum but a
smaller number may adjourn from day to day.  No 
trustee or employee of
such district shall be directly or 
indirectly interested in any
contract, work or business of the 
district, or the sale of any article,
the expense, price or 
consideration of which is paid by such district;
nor in the 
purchase of any real estate or property belonging to the

district, or which shall be sold for taxes or assessments, or 
by virtue
of legal process at the suit of the district.  
Provided, that nothing
herein shall be construed as prohibiting 
the appointment or selection of
any person as trustee or 
employee whose only interest in the district is
as owner of 
real estate in the district or of contributing to the
payment 
of taxes levied by the district.  The trustees shall have the

power to provide and adopt a corporate seal for the district.

    Notwithstanding any other provision in this Section, in any 
sanitary
district created prior to the effective date of this 
amendatory Act of
1985, in which a five member board of 
trustees has been appointed and which
currently includes one or 
more municipalities with a population of over
90,000 but less 
than 500,000, the board of trustees shall consist of five

members.
    Except as otherwise provided for vacancies, in the event 
that the appropriate appointing authority fails to appoint a 
trustee under this Section, the appropriate appointing 
authority shall reconvene and appoint a successor on or before 
July 1 of that year.

(Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.