99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0296

 

Introduced , by Rep. Ron Sandack

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Election Code. Provides that the offices of elected members of school boards, school trustees, directors of boards of school directors, trustees of county boards of school trustees, members of boards of school inspectors, and members of school boards in school districts that adopt Article 33 of the School Code shall be filled or shall be on the ballot at the general election in the appropriate even-numbered years (now, at the consolidated election in the appropriate odd-numbered years). Provides that, for elections on and after June 1, 2016, a member of a Board of School Directors, a member of an elected Board of Education, a member of a Board of School Inspectors, a trustee of a Regional Board of School Trustees, or a trustee of schools, as the case may be, shall be elected at the general election that immediately precedes the expiration of the term of any incumbent member, to succeed each incumbent member whose term ends before the following general election. Provides that the term of an incumbent of any of those offices serving on the effective date of the amendatory Act is extended to the first Monday in the first month following the next general election after the date that his or her term would have expired had this amendatory Act not been enacted, and the term of the successor in office shall commence on that first Monday. Makes other changes. Amends the School Code to make changes conforming to the changes to the time of election of members of school boards made by the amendatory Act. Effective June 1, 2016.


LRB099 07108 HLH 27192 b

 

 

A BILL FOR

 

HB0296LRB099 07108 HLH 27192 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 2A-1.2, 2A-48, 2A-49, 2A-50, and 2A-51 and by adding
6Section 2A-48.1 as follows:
 
7    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
8    Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
9Designated.
10    (a) At the general election in the appropriate
11even-numbered years, the following offices shall be filled or
12shall be on the ballot as otherwise required by this Code:
13        (1) Elector of President and Vice President of the
14    United States;
15        (2) United States Senator and United States
16    Representative;
17        (3) State Executive Branch elected officers;
18        (4) State Senator and State Representative;
19        (5) County elected officers, including State's
20    Attorney, County Board member, County Commissioners, and
21    elected President of the County Board or County Chief
22    Executive;
23        (6) Circuit Court Clerk;

 

 

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1        (7) Regional Superintendent of Schools, except in
2    counties or educational service regions in which that
3    office has been abolished;
4        (8) Judges of the Supreme, Appellate and Circuit
5    Courts, on the question of retention, to fill vacancies and
6    newly created judicial offices;
7        (9) (Blank);
8        (10) Trustee of the Metropolitan Sanitary District of
9    Chicago, and elected Trustee of other Sanitary Districts;
10        (11) Special District elected officers, not otherwise
11    designated in this Section, where the statute creating or
12    authorizing the creation of the district requires an annual
13    election and permits or requires election of candidates of
14    political parties; .
15        (12) Members of school boards in school districts that
16    adopt Article 33 of the School Code;
17        (13) Elected members of school boards, school
18    trustees, directors of boards of school directors,
19    trustees of county boards of school trustees (except in
20    counties or educational service regions having a
21    population of 2,000,000 or more inhabitants), and members
22    of boards of school inspectors, except school boards in
23    school districts that adopt Article 33 of the School Code.
24    (b) At the general primary election:
25        (1) in each even-numbered year candidates of political
26    parties shall be nominated for those offices to be filled

 

 

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1    at the general election in that year, except where pursuant
2    to law nomination of candidates of political parties is
3    made by caucus.
4        (2) in the appropriate even-numbered years the
5    political party offices of State central committeeman,
6    township committeeman, ward committeeman, and precinct
7    committeeman shall be filled and delegates and alternate
8    delegates to the National nominating conventions shall be
9    elected as may be required pursuant to this Code. In the
10    even-numbered years in which a Presidential election is to
11    be held, candidates in the Presidential preference primary
12    shall also be on the ballot.
13        (3) in each even-numbered year, where the municipality
14    has provided for annual elections to elect municipal
15    officers pursuant to Section 6(f) or Section 7 of Article
16    VII of the Constitution, pursuant to the Illinois Municipal
17    Code or pursuant to the municipal charter, the offices of
18    such municipal officers shall be filled at an election held
19    on the date of the general primary election, provided that
20    the municipal election shall be a nonpartisan election
21    where required by the Illinois Municipal Code. For partisan
22    municipal elections in even-numbered years, a primary to
23    nominate candidates for municipal office to be elected at
24    the general primary election shall be held on the Tuesday 6
25    weeks preceding that election.
26        (4) in each school district which has adopted the

 

 

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1    provisions of Article 33 of the School Code, successors to
2    the members of the board of education whose terms expire in
3    the year in which the general primary is held shall be
4    elected.
5    (c) At the consolidated election in the appropriate
6odd-numbered years, the following offices shall be filled:
7        (1) Municipal officers, provided that in
8    municipalities in which candidates for alderman or other
9    municipal office are not permitted by law to be candidates
10    of political parties, the runoff election where required by
11    law, or the nonpartisan election where required by law,
12    shall be held on the date of the consolidated election; and
13    provided further, in the case of municipal officers
14    provided for by an ordinance providing the form of
15    government of the municipality pursuant to Section 7 of
16    Article VII of the Constitution, such offices shall be
17    filled by election or by runoff election as may be provided
18    by such ordinance;
19        (2) Village and incorporated town library directors;
20        (3) City boards of stadium commissioners;
21        (4) Commissioners of park districts;
22        (5) Trustees of public library districts;
23        (6) Special District elected officers, not otherwise
24    designated in this section, where the statute creating or
25    authorizing the creation of the district permits or
26    requires election of candidates of political parties;

 

 

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1        (7) Township officers, including township park
2    commissioners, township library directors, and boards of
3    managers of community buildings, and Multi-Township
4    Assessors;
5        (8) Highway commissioners and road district clerks;
6        (9) (Blank); Members of school boards in school
7    districts which adopt Article 33 of the School Code;
8        (10) The directors and chairman of the Chain O Lakes -
9    Fox River Waterway Management Agency;
10        (11) Forest preserve district commissioners elected
11    under Section 3.5 of the Downstate Forest Preserve District
12    Act;
13        (12) (Blank); Elected members of school boards, school
14    trustees, directors of boards of school directors,
15    trustees of county boards of school trustees (except in
16    counties or educational service regions having a
17    population of 2,000,000 or more inhabitants) and members of
18    boards of school inspectors, except school boards in school
19    districts that adopt Article 33 of the School Code;
20        (13) Members of Community College district boards;
21        (14) Trustees of Fire Protection Districts;
22        (15) Commissioners of the Springfield Metropolitan
23    Exposition and Auditorium Authority;
24        (16) Elected Trustees of Tuberculosis Sanitarium
25    Districts;
26        (17) Elected Officers of special districts not

 

 

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1    otherwise designated in this Section for which the law
2    governing those districts does not permit candidates of
3    political parties.
4    (d) At the consolidated primary election in each
5odd-numbered year, candidates of political parties shall be
6nominated for those offices to be filled at the consolidated
7election in that year, except where pursuant to law nomination
8of candidates of political parties is made by caucus, and
9except those offices listed in paragraphs (12) through (17) of
10subsection (c).
11    At the consolidated primary election in the appropriate
12odd-numbered years, the mayor, clerk, treasurer, and aldermen
13shall be elected in municipalities in which candidates for
14mayor, clerk, treasurer, or alderman are not permitted by law
15to be candidates of political parties, subject to runoff
16elections to be held at the consolidated election as may be
17required by law, and municipal officers shall be nominated in a
18nonpartisan election in municipalities in which pursuant to law
19candidates for such office are not permitted to be candidates
20of political parties.
21    At the consolidated primary election in the appropriate
22odd-numbered years, municipal officers shall be nominated or
23elected, or elected subject to a runoff, as may be provided by
24an ordinance providing a form of government of the municipality
25pursuant to Section 7 of Article VII of the Constitution.
26    At the consolidated primary election in the appropriate

 

 

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1odd-numbered years, in each school district which has adopted
2the provisions of Article 33 of the School Code, successors to
3the members of the board of education whose terms expire in the
4year in which the consolidated primary is held shall be
5elected.
6    (e) (Blank).
7    (f) At any election established in Section 2A-1.1, public
8questions may be submitted to voters pursuant to this Code and
9any special election otherwise required or authorized by law or
10by court order may be conducted pursuant to this Code.
11    Notwithstanding the regular dates for election of officers
12established in this Article, whenever a referendum is held for
13the establishment of a political subdivision whose officers are
14to be elected, the initial officers shall be elected at the
15election at which such referendum is held if otherwise so
16provided by law. In such cases, the election of the initial
17officers shall be subject to the referendum.
18    Notwithstanding the regular dates for election of
19officials established in this Article, any community college
20district which becomes effective by operation of law pursuant
21to Section 6-6.1 of the Public Community College Act, as now or
22hereafter amended, shall elect the initial district board
23members at the next regularly scheduled election following the
24effective date of the new district.
25    (g) At any election established in Section 2A-1.1, if in
26any precinct there are no offices or public questions required

 

 

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1to be on the ballot under this Code then no election shall be
2held in the precinct on that date.
3    (h) There may be conducted a referendum in accordance with
4the provisions of Division 6-4 of the Counties Code.
5(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
6eff. 8-9-96; 90-358, eff. 1-1-98.)
 
7    (10 ILCS 5/2A-48)  (from Ch. 46, par. 2A-48)
8    Sec. 2A-48. Board of School Directors - Member - Time of
9Election. For elections prior to June 1, 2016, a A member of a
10Board of School Directors or a member of an elected Board of
11Education, as the case may be, shall be elected at each
12consolidated election to succeed each incumbent member whose
13term ends before the following consolidated election. For
14elections on and after June 1, 2016, and except for members of
15a Board of Education in a school district that has adopted
16Article 33 of the School Code, a member of a Board of School
17Directors or a member of an elected Board of Education, as the
18case may be, shall be elected at the general election that
19immediately precedes the expiration of the term of any
20incumbent member, to succeed each incumbent member whose term
21ends before the following general election.
22    Notwithstanding any provision of law to the contrary, and
23except for members of a Board of Education in a school district
24that has adopted Article 33 of the School Code, the term of any
25incumbent serving on the effective date of this amendatory Act

 

 

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1of the 99th General Assembly is extended to the first Monday in
2the first month following the next general election after the
3date that his or her term would have expired had this
4amendatory Act of the 99th General Assembly not been enacted,
5and the term of the successor in office shall commence on that
6first Monday.
7(Source: P.A. 90-358, eff. 1-1-98.)
 
8    (10 ILCS 5/2A-48.1 new)
9    Sec. 2A-48.1. Article 33 Board of Education - Member - Time
10of Election. A member of a Board of Education in a school
11district that has adopted Article 33 of the School Code shall
12be elected at the general election or consolidated primary
13election, as appropriate, that immediately precedes the
14expiration of the term of any incumbent member, to succeed each
15incumbent member whose term ends before the following general
16election or consolidated primary election, as appropriate.
17    Notwithstanding any provision of law to the contrary, the
18term of any incumbent member of a Board of Education in a
19school district that has adopted Article 33 of the School Code
20who is serving on the effective date of this amendatory Act of
21the 99th General Assembly is extended to July 1 of the year
22following the next election after the date that his or her term
23would have expired had this amendatory Act of the 99th General
24Assembly not been enacted, and the term of the successor in
25office shall commence on July 1 of that year.
 

 

 

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1    (10 ILCS 5/2A-49)  (from Ch. 46, par. 2A-49)
2    Sec. 2A-49. Board of School Inspectors - Member - Time of
3Election. For elections prior to June 1, 2016, a A member of a
4Board of School Inspectors shall be elected at the consolidated
5election which immediately precedes the expiration of the term
6of any incumbent school inspector, to succeed each incumbent
7school inspector whose term ends before the following
8consolidated election. For elections on and after June 1, 2016,
9a member of a Board of School Inspectors shall be elected at
10the general election that immediately precedes the expiration
11of the term of any incumbent school inspector, to succeed each
12incumbent member whose term ends before the following general
13election.
14    Notwithstanding any provision of law to the contrary, the
15term of any incumbent serving on the effective date of this
16amendatory Act of the 99th General Assembly is extended to the
17first Monday in the first month following the next general
18election after the date that his or her term would have expired
19had this amendatory Act of the 99th General Assembly not been
20enacted, and the term of the successor in office shall commence
21on that first Monday.
22(Source: P.A. 90-358, eff. 1-1-98.)
 
23    (10 ILCS 5/2A-50)  (from Ch. 46, par. 2A-50)
24    Sec. 2A-50. Regional Board of School Trustees - Trustee -

 

 

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1Time of Election. For elections prior to June 1, 2016, and
2except Except in educational service regions having a
3population of 2,000,000 or more inhabitants, a trustee of a
4Regional Board of School Trustees shall be elected at the
5consolidated election to succeed each incumbent trustee whose
6term ends before the following consolidated election. For
7elections on and after June 1, 2016, and except in educational
8service regions having a population of 2,000,000 or more
9inhabitants, a trustee of a Regional Board of School Trustees
10shall be elected at the general election that immediately
11precedes the expiration of the term of any incumbent trustee,
12to succeed each incumbent trustee whose term ends before the
13following general election.
14    Notwithstanding any provision of law to the contrary, the
15term of any incumbent serving on the effective date of this
16amendatory Act of the 99th General Assembly is extended to the
17first Monday in the first month following the next general
18election after the date that his or her term would have expired
19had this amendatory Act of the 99th General Assembly not been
20enacted, and the term of the successor in office shall commence
21on that first Monday.
22(Source: P.A. 90-358, eff. 1-1-98.)
 
23    (10 ILCS 5/2A-51)  (from Ch. 46, par. 2A-51)
24    Sec. 2A-51. Schools - Trustee - Time of Election. For
25elections prior to June 1, 2016, and except Except in a

 

 

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1township in which all school districts located therein have
2withdrawn from the jurisdiction and authority of the trustees
3of schools under the provisions of subsection (b) of Section
45-1 of the School Code and except in townships in which the
5office of trustee of schools has been abolished as provided in
6subsection (c) of Section 5-1 of the School Code, a trustee of
7schools shall be elected in townships at the consolidated
8election which immediately precedes the expiration of the term
9of any incumbent trustee, to succeed each incumbent trustee
10whose term ends before the following consolidated election. For
11elections on and after June 1, 2016, and except in a township
12in which all school districts located therein have withdrawn
13from the jurisdiction and authority of the trustees of schools
14under the provisions of subsection (b) of Section 5-1 of the
15School Code and except in townships in which the office of
16trustee of schools has been abolished as provided in subsection
17(c) of Section 5-1 of the School Code, a trustee of schools
18shall be elected in townships at the general election that
19immediately precedes the expiration of the term of any
20incumbent trustee, to succeed each incumbent trustee whose term
21ends before the following general election.
22    Notwithstanding any provision of law to the contrary, the
23term of any incumbent serving on the effective date of this
24amendatory Act of the 99th General Assembly is extended to the
25first Monday in the first month following the next general
26election after the date that his or her term would have expired

 

 

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1had this amendatory Act of the 99th General Assembly not been
2enacted, and the term of the successor in office shall commence
3on that first Monday.
4(Source: P.A. 90-358, eff. 1-1-98.)
 
5    Section 10. The School Code is amended by changing Sections
65-4, 5-13, 6-4, 6-17, 10-4, 10-10, 10-16, 32-1.1, 32-2.12, and
733-1 as follows:
 
8    (105 ILCS 5/5-4)  (from Ch. 122, par. 5-4)
9    Sec. 5-4. Election of trustees. The election of trustees of
10schools shall be held in even-numbered odd-numbered years at
11the election specified in the general election law. In
12townships in which no election for school trustees has been
13held, or in townships in which from any cause there are no
14trustees of schools and the law requires that there be school
15trustees, the election of trustees of schools shall be held at
16the same time.
17    No person shall be nominated for the office of trustee of
18schools, in townships containing 20,000 inhabitants or over,
19except by petition signed by at least twenty-five voters of the
20school township in which he is seeking nomination and election
21filed with the township treasurer, or, in case of a first
22election, with the county clerk.
23    A candidate for election as a school trustee, who has
24petitioned for nomination to fill a full term and to fill a

 

 

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1vacant term to be voted upon at the same election, must
2withdraw his or her petition for nomination from either the
3full term or the vacant term by written declaration, which
4shall be signed and acknowledged by an officer authorized to
5take such acknowledgments and which is filed with the township
6treasurer in the township in which he or she is a candidate
7within the time provided by the general election law.
8(Source: P.A. 80-1469.)
 
9    (105 ILCS 5/5-13)  (from Ch. 122, par. 5-13)
10    Sec. 5-13. Term of office of trustees. In townships already
11organized, the school trustee shall be elected in each
12even-numbered odd numbered year for a term of 6 years to
13succeed the trustee whose term expires in such even-numbered
14odd numbered year.
15    The first-elected trustees in a newly organized township
16shall at their first meeting cast lots for their respective
17terms of office, for 2, 4 and 6 years; and thereafter 1 trustee
18shall be elected in each even-numbered odd-numbered year.
19(Source: P.A. 81-1490.)
 
20    (105 ILCS 5/6-4)  (from Ch. 122, par. 6-4)
21    Sec. 6-4. Election date. Members of the regional board of
22school trustees shall be elected at the regular election
23specified in the general election law in each even-numbered
24odd-numbered year.

 

 

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1(Source: P.A. 81-1490.)
 
2    (105 ILCS 5/6-17)  (from Ch. 122, par. 6-17)
3    Sec. 6-17. Election of president - Terms of members. Except
4as otherwise provided in Section 2A-54 of the Election Code, on
5the third Monday in the first month May, following the first
6election, or if such day is a holiday then the next day, the
7regional superintendent of schools who shall be the ex-officio
8secretary of the board shall convene the newly elected regional
9board of school trustees for the purpose of organization.
10Except as provided in Section 2A-54 of the Election Code, at
11this meeting the members shall elect a president from among
12their number who shall serve as president for a term of 2 years
13and shall determine by lot the length of the term of each
14member so that 2 shall serve for a term of 2 years, 2 for 4
15years and 3 for 6 years from the third Monday of the month
16following the date of their election. Except as provided in
17Section 2A-54 of the Election Code, thereafter members shall be
18elected to serve for a term of 6 years from the third Monday of
19the month following the date of their election or until their
20successors are elected and qualified.
21    All succeeding meetings for the purpose of organization
22shall be held on the third Monday in the first month May
23following the election; however, in case the third Monday in
24the first month following the election May is a holiday the
25organization meeting shall be held on the next day.

 

 

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1    If educational service regions are consolidated under
2Section 3A-3 or 3A-4 of this Act, however, the expiring terms
3of members of each regional board of school trustees in those
4regions being consolidated shall be extended so as to terminate
5on the first Monday of August of the year that consolidation
6takes effect, as defined in Section 3A-5 of this Act, and, on
7such day, the Regional Superintendent of the consolidated
8region shall convene all the members of each regional board of
9school trustees in the consolidated region, and shall by lot
10select from among such trustees an interim regional board of
11school trustees for the consolidated region in accord with the
12specifications as to membership and residency in Section 6-2.
13The interim board so selected shall serve until their
14successors are elected at the succeeding regular election of
15regional school trustees and have qualified. A single regional
16board of school trustees shall be elected at such succeeding
17regular election to take office on the third Monday of the
18month following such election. The board elected for the
19consolidated region shall be convened on such third Monday of
20the month following such election for organizational purposes,
21to elect a president and determine terms for its members by lot
22as provided in this Section. The respective regional boards of
23school trustees of educational service regions involved in
24consolidations under Section 3A-3 or 3A-4 shall cease to exist
25at the time the board elected for the consolidated region is so
26organized.

 

 

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1(Source: P.A. 93-847, eff. 7-30-04.)
 
2    (105 ILCS 5/10-4)  (from Ch. 122, par. 10-4)
3    Sec. 10-4. Election of directors.
4    (a) In all districts, directors shall be elected in each
5even-numbered odd-numbered year, each for a term of 4 years.
6    (b) In consolidated districts where 5 directors are elected
7in 1981 pursuant to the extension of terms provided by law for
8transition to the consolidated election schedule under the
9general election law, those directors elected shall, by lot,
10determine 2 of their number to serve 2 years and 3 to serve 4
11years; their successors shall serve for a 4 year term.
12    (c) If a proposition to increase the membership of a school
13district's board of school directors to 7 directors and to
14elect a new 7-member board of school directors to replace the
15district's existing board of 3 school directors is approved by
16the electors of the district at a regular scheduled election as
17provided in subsection (b) of Section 10-1, 7 members shall be
18elected at the next regular school election, in the manner
19provided by Article 9, to serve as the board of school
20directors of that district. The terms of office of the 3
21members of the board of school directors serving at the time of
22the election of the initial 7-member board of school directors
23shall expire when the 7 newly elected members of the initial
247-member board of school directors assume office and are
25organized as provided in Section 10-5. At their organizational

 

 

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1meeting, the initial members of the 7-member board of school
2directors shall by lot determine 4 of their number to serve 4
3year terms and 3 of their number to serve 2 year terms. Their
4successors shall serve for a 4 year term.
5    (d) In all other districts, one school director shall be
6elected in each district every other even-numbered
7odd-numbered year, and two school directors shall be elected in
8the intervening even-numbered odd-numbered years.
9    (e) When a vacancy occurs in the membership of any board of
10school directors the remaining members shall, within 30 days,
11fill the vacancy by appointment until the next regular school
12election, or, upon their failure so to do, the regional
13superintendent shall make such appointment within the next 30
14days to fill the vacancy as herein provided. Upon the regional
15superintendent's failure to fill the vacancy, the vacancy shall
16be filled at the next regularly scheduled election.
17(Source: P.A. 90-757, eff. 8-14-98.)
 
18    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
19    Sec. 10-10. Board of education; term; vacancy. All school
20districts having a population of not fewer than 1,000 and not
21more than 500,000 inhabitants, as ascertained by any special or
22general census, and not governed by special Acts, shall be
23governed by a board of education consisting of 7 members,
24serving without compensation except as herein provided. Each
25member shall be elected for a term of 4 years for the initial

 

 

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1members of the board of education of a combined school district
2to which that subsection applies. If 5 members are elected in
31983 pursuant to the extension of terms provided by law for
4transition to the consolidated election schedule under the
5general election law, 2 of those members shall be elected to
6serve terms of 2 years and 3 shall be elected to serve terms of
74 years; their successors shall serve for a 4 year term. When
8the voters of a district have voted to elect members of the
9board of education for 6 year terms, as provided in Section
109-5, the terms of office of members of the board of education
11of that district expire when their successors assume office but
12not later than 7 days after such election. If at the regular
13school election held in the first even-numbered odd-numbered
14year after the determination to elect members for 6 year terms
152 members are elected, they shall serve for a 6 year term; and
16of the members elected at the next regular school election 3
17shall serve for a term of 6 years and 2 shall serve a term of 2
18years. Thereafter members elected in such districts shall be
19elected to a 6 year term. If at the regular school election
20held in the first even-numbered odd-numbered year after the
21determination to elect members for 6 year terms 3 members are
22elected, they shall serve for a 6 year term; and of the members
23elected at the next regular school election 2 shall serve for a
24term of 2 years and 2 shall serve for a term of 6 years.
25Thereafter members elected in such districts shall be elected
26to a 6 year term. If at the regular school election held in the

 

 

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1first even-numbered odd-numbered year after the determination
2to elect members for 6 year terms 4 members are elected, 3
3shall serve for a term of 6 years and one shall serve for a term
4of 2 years; and of the members elected at the next regular
5school election 2 shall serve for terms of 6 years and 2 shall
6serve for terms of 2 years. Thereafter members elected in such
7districts shall be elected to a 6 year term. If at the regular
8school election held in the first even-numbered odd-numbered
9year after the determination to elect members for a 6 year term
105 members are elected, 3 shall serve for a term of 6 years and 2
11shall serve for a term of 2 years; and of the members elected
12at the next regular school election 2 shall serve for terms of
136 years and 2 shall serve for terms of 2 years. Thereafter
14members elected in such districts shall be elected to a 6 year
15term. An election for board members shall not be held in school
16districts which by consolidation, annexation or otherwise
17shall cease to exist as a school district within 6 months after
18the election date, and the term of all board members which
19would otherwise terminate shall be continued until such
20district shall cease to exist. Each member, on the date of his
21or her election, shall be a citizen of the United States of the
22age of 18 years or over, shall be a resident of the State and
23the territory of the district for at least one year immediately
24preceding his or her election, shall be a registered voter as
25provided in the general election law, shall not be a school
26trustee, and shall not be a child sex offender as defined in

 

 

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1Section 11-9.3 of the Criminal Code of 2012. When the board of
2education is the successor of the school directors, all rights
3of property, and all rights regarding causes of action existing
4or vested in such directors, shall vest in it as fully as they
5were vested in the school directors. Terms of members are
6subject to Section 2A-54 of the Election Code.
7    Nomination papers filed under this Section are not valid
8unless the candidate named therein files with the county clerk
9or the county board of election commissioners, as the case may
10be, of the county in which the principal office of the school
11district is located a receipt from the county clerk showing
12that the candidate has filed a statement of economic interests
13as required by the Illinois Governmental Ethics Act. Such
14receipt shall be so filed either previously during the calendar
15year in which his nomination papers were filed or within the
16period for the filing of nomination papers in accordance with
17the general election law.
18    Whenever a vacancy occurs, the remaining members shall
19notify the regional superintendent of that vacancy within 5
20days after its occurrence and shall proceed to fill the vacancy
21until the next regular school election, at which election a
22successor shall be elected to serve the remainder of the
23unexpired term. However, if the vacancy occurs with less than
24868 days remaining in the term, or if the vacancy occurs less
25than 88 days before the next regularly scheduled election for
26this office then the person so appointed shall serve the

 

 

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1remainder of the unexpired term, and no election to fill the
2vacancy shall be held. Should they fail so to act, within 45
3days after the vacancy occurs, the regional superintendent of
4schools under whose supervision and control the district is
5operating, as defined in Section 3-14.2 of this Act, shall
6within 30 days after the remaining members have failed to fill
7the vacancy, fill the vacancy as provided for herein. Upon the
8regional superintendent's failure to fill the vacancy, the
9vacancy shall be filled at the next regularly scheduled
10election. Whether elected or appointed by the remaining members
11or regional superintendent, the successor shall be an
12inhabitant of the particular area from which his or her
13predecessor was elected if the residential requirements
14contained in Section 10-10.5 or 12-2 of this Code apply.
15    A board of education may appoint a student to the board to
16serve in an advisory capacity. The student member shall serve
17for a term as determined by the board. The board may not grant
18the student member any voting privileges, but shall consider
19the student member as an advisor. The student member may not
20participate in or attend any executive session of the board.
21(Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13.)
 
22    (105 ILCS 5/10-16)  (from Ch. 122, par. 10-16)
23    Sec. 10-16. Organization of Board. Within 28 days after the
24general consolidated election, other than the consolidated
25elections in 1999 and 2001, the board shall organize by

 

 

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1electing its officers and fixing a time and place for the
2regular meetings. However, when school board members are
3elected at the consolidated elections held in April of 1999 and
4April of 2001, the board shall organize within 7 days after the
5first Tuesday after the first Monday of November in each such
6year by electing officers and setting the time and place of the
7regular meetings. Upon organizing itself as provided in this
8paragraph, the board shall enter upon the discharge of its
9duties.
10    The regional superintendent of schools having supervision
11and control, as provided in Section 3-14.2, of a new school
12district that is governed by the School Code and formed on or
13after the effective date of this amendatory Act of 1998 shall
14convene the newly elected board within 7 days after the
15election of the board of education of that district, whereupon
16the board shall proceed to organize by electing one of their
17number as president and electing a secretary, who may or may
18not be a member. At such meeting the length of term of each of
19the members shall be determined by lot so that 4 shall serve
20for 4 years, and 3 for 2 years from the commencement of their
21terms; provided, however, if such members were not elected at
22the general consolidated election in an even-numbered
23odd-numbered year, such initial terms shall be extended to the
24general consolidated election for school board members
25immediately following the expiration of the initial 4 or 2 year
26terms. The provisions of this paragraph that relate to the

 

 

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1determination of terms by lot shall not apply to the initial
2members of the board of education of a combined school district
3who are to be elected to unstaggered terms.
4    The terms of the officers of a board of education shall be
5for 2 years, except that the terms of the officers elected at
6the organization meeting in November, 2001 shall expire at the
7organization meeting in April, 2003; provided that the board by
8resolution may establish a policy for the terms of office to be
9one year, and provide for the election of officers.
10    Special meetings of the board of education may be called by
11the president or by any 3 members of the board by giving notice
12thereof in writing, stating the time, place and purpose of the
13meeting. Such notice may be served by mail 48 hours before such
14meeting or by personal service 24 hours before such meeting.
15Public notice of meetings must also be given as prescribed in
16Sections 2.02 and 2.03 of the Open Meetings Act, as now or
17hereafter amended.
18    At each regular and special meeting which is open to the
19public, members of the public and employees of the district
20shall be afforded time, subject to reasonable constraints, to
21comment to or ask questions of the board.
22    The president or district superintendent shall, at each
23regular board meeting, report any requests made of the district
24under provisions of The Freedom of Information Act and shall
25report the status of the district's response.
26(Source: P.A. 93-847, eff. 7-30-04; 94-1019, eff. 7-10-06.)
 

 

 

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1    (105 ILCS 5/32-1.1)  (from Ch. 122, par. 32-1.1)
2    Sec. 32-1.1. Election and powers of board - No provision in
3special act. In all special charter districts maintaining
4schools under any general school laws, where there is no
5provision in the special Acts creating such districts for the
6election of boards of education as otherwise provided, there
7shall be elected, in lieu of the school directors as now
8provided, a board of education, to consist of 7 members to be
9elected at the time and in the manner as provided by the
10general election law for the election and qualification of
11boards of education in other cases. In any district having a
12population of more than 100,000 but less than 2,000,000 such
13board may be increased in size to 11 members upon adoption by a
14majority of electors residing in the district and voting on the
15question in a referendum as provided in this Section. Such
16question shall be submitted to the electors at an election upon
17a resolution adopted by the Board. Members shall be elected
18biennially in the school district, whose term of office shall
19be 4 years, and there shall also be elected in each
20even-numbered odd-numbered year a president of the board.
21Following the first such election, those members elected, other
22than the president, shall, by lot, determine 3 to serve 2 years
23and 3 to serve 4 years; thereafter, all terms shall be 4 years.
24In other cases, however, if 4 members, other than the
25president, are elected in 1983, then those elected shall, by

 

 

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1lot, determine one to serve for 2 years and 3 to serve 4 years;
2thereafter all terms shall be 4 years. In neither case shall
3such determinations affect the biennial selection of the
4president. At the first regular school election after the
5adoption by the district electors of a question as provided in
6this Section increasing the size of the board in those
7districts entitled to exercise an option for and elect an 11
8member board, 4 additional members shall be elected and shall
9determine by lot 2 to serve for 2 years and 2 for 4 years. Their
10successors shall serve for a 4 year term. In case of an 11
11member board already in existence, if 7 members, other than the
12president, are elected in 1983 then those members elected
13shall, by lot determine one to serve 2 years and 6 to serve 4
14years. Terms thereafter shall be 4 years. The board of
15education shall have all the powers and duties of trustees of
16schools in school townships and the powers and duties of boards
17of education in districts having a population of not fewer than
181,000 and not more than 500,000 as provided by this Act.
19    The day upon which the election provided for in this
20section is to be held is subject to the provisions of the
21general election law.
22(Source: P.A. 86-225.)
 
23    (105 ILCS 5/32-2.12)  (from Ch. 122, par. 32-2.12)
24    Sec. 32-2.12. Time for election of board members. In all
25special charter districts, the regular election of members of

 

 

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1such boards shall hereafter be held on the date set for school
2elections as provided in the general election law in
3even-numbered odd numbered years.
4(Source: P.A. 81-1490.)
 
5    (105 ILCS 5/33-1)  (from Ch. 122, par. 33-1)
6    Sec. 33-1. Board of Education - Election - Terms. In all
7school districts, including special charter districts having a
8population of 100,000 and not more than 500,000, which adopt
9this Article, as hereinafter provided, there shall be
10maintained a system of free schools in charge of a board of
11education, which shall be a body politic and corporate by the
12name of "Board of Education of the City of....". The board
13shall consist of 7 members elected by the voters of the
14district. Except as provided in Section 33-1b of this Act, the
15regular election for members of the board shall be held at the
16general consolidated election in even-numbered odd numbered
17years and at the consolidated general primary election in
18odd-numbered even numbered years. The law governing the
19registration of voters for the primary election shall apply to
20the regular election. At the first regular election 7 persons
21shall be elected as members of the board. The person who
22receives the greatest number of votes shall be elected for a
23term of 5 years. The 2 persons who receive the second and third
24greatest number of votes shall be elected for a term of 4
25years. The person who receives the fourth greatest number of

 

 

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1votes shall be elected for a term of 3 years. The 2 persons who
2receive the fifth and sixth greatest number of votes shall be
3elected for a term of 2 years. The person who receives the
4seventh greatest number of votes shall be elected for a term of
51 year. Thereafter, at each regular election for members of the
6board, the successors of the members whose terms expire in the
7year of election shall be elected for a term of 5 years. All
8terms shall commence on July 1 next succeeding the elections.
9Any vacancy occurring in the membership of the board shall be
10filled by appointment until the next regular election for
11members of the board.
12    In any school district which has adopted this Article, a
13proposition for the election of board members by school board
14district rather than at large may be submitted to the voters of
15the district at the regular school election of any year in the
16manner provided in Section 9-22. If the proposition is approved
17by a majority of those voting on the propositions, the board
18shall divide the school district into 7 school board districts
19as provided in Section 9-22. At the regular school election in
20the year following the adoption of such proposition, one member
21shall be elected from each school board district, and the 7
22members so elected shall, by lot, determine one to serve for
23one year, 2 for 2 years, one for 3 years, 2 for 4 years, and one
24for 5 years. Thereafter their respective successors shall be
25elected for terms of 5 years. The terms of all incumbent
26members expire July 1 of the year following the adoption of

 

 

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1such a proposition.
2    Any school district which has adopted this Article may, by
3referendum in accordance with Section 33-1a, adopt the method
4of electing members of the board of education provided in that
5Section.
6    Reapportionment of the voting districts provided for in
7this Article or created pursuant to a court order, shall be
8completed pursuant to Section 33-1c.
9    A board of education may appoint a student to the board to
10serve in an advisory capacity. The student member shall serve
11for a term as determined by the board. The board may not grant
12the student member any voting privileges, but shall consider
13the student member as an advisor. The student member may not
14participate in or attend any executive session of the board.
15(Source: P.A. 94-231, eff. 7-14-05; 95-6, eff. 6-20-07.)
 
16    Section 99. Effective date. This Act takes effect June 1,
172016.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    10 ILCS 5/2A-1.2from Ch. 46, par. 2A-1.2
4    10 ILCS 5/2A-48from Ch. 46, par. 2A-48
5    10 ILCS 5/2A-48.1 new
6    10 ILCS 5/2A-49from Ch. 46, par. 2A-49
7    10 ILCS 5/2A-50from Ch. 46, par. 2A-50
8    10 ILCS 5/2A-51from Ch. 46, par. 2A-51
9    105 ILCS 5/5-4from Ch. 122, par. 5-4
10    105 ILCS 5/5-13from Ch. 122, par. 5-13
11    105 ILCS 5/6-4from Ch. 122, par. 6-4
12    105 ILCS 5/6-17from Ch. 122, par. 6-17
13    105 ILCS 5/10-4from Ch. 122, par. 10-4
14    105 ILCS 5/10-10from Ch. 122, par. 10-10
15    105 ILCS 5/10-16from Ch. 122, par. 10-16
16    105 ILCS 5/32-1.1from Ch. 122, par. 32-1.1
17    105 ILCS 5/32-2.12from Ch. 122, par. 32-2.12
18    105 ILCS 5/33-1from Ch. 122, par. 33-1