99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3697

 

Introduced , by Rep. Barbara Flynn Currie

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/10-9  from Ch. 46, par. 10-9
10 ILCS 5/10-10  from Ch. 46, par. 10-10
110 ILCS 805/3-7.10  from Ch. 122, par. 103-7.10

    Amends the Election Code. Removes references concerning the education officers electoral board. Provides, instead, that the county officers electoral board may hear and pass upon objections to the nomination of candidates for any community college district offices. Amends the Public Community College Act. With respect to the election of members of a board of trustees of a community college district, requires a nominating petition to be filed with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the community college district is located (instead of with the secretary of the board of trustees). Makes related changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
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 10-9 and 10-10 as follows:
 
6    (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
7    (Text of Section before amendment by P.A. 98-1171)
8    Sec. 10-9. The following electoral boards are designated
9for the purpose of hearing and passing upon the objector's
10petition described in Section 10-8.
11        1. The State Board of Elections will hear and pass upon
12    objections to the nominations of candidates for State
13    offices, nominations of candidates for congressional,
14    legislative and judicial offices of districts,
15    subcircuits, or circuits situated in more than one county,
16    nominations of candidates for the offices of State's
17    attorney or regional superintendent of schools to be
18    elected from more than one county, and petitions for
19    proposed amendments to the Constitution of the State of
20    Illinois as provided for in Section 3 of Article XIV of the
21    Constitution.
22        2. The county officers electoral board to hear and pass
23    upon objections to the nominations of candidates for county

 

 

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1    offices, for congressional, legislative and judicial
2    offices of a district, subcircuit, or circuit coterminous
3    with or less than a county, for any school district
4    offices, for any community college district offices, for
5    the office of multi-township assessor where candidates for
6    such office are nominated in accordance with this Code, and
7    for all special district offices, shall be composed of the
8    county clerk, or an assistant designated by the county
9    clerk, the State's attorney of the county or an Assistant
10    State's Attorney designated by the State's Attorney, and
11    the clerk of the circuit court, or an assistant designated
12    by the clerk of the circuit court, of the county, of whom
13    the county clerk or his designee shall be the chairman,
14    except that in any county which has established a county
15    board of election commissioners that board shall
16    constitute the county officers electoral board ex-officio.
17    If a school district is located in 2 or more counties, the
18    county officers electoral board of the county in which the
19    principal office of the school district is located shall
20    hear and pass upon objections to nominations of candidates
21    for school district office in that school district.
22        3. The municipal officers electoral board to hear and
23    pass upon objections to the nominations of candidates for
24    officers of municipalities shall be composed of the mayor
25    or president of the board of trustees of the city, village
26    or incorporated town, and the city, village or incorporated

 

 

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1    town clerk, and one member of the city council or board of
2    trustees, that member being designated who is eligible to
3    serve on the electoral board and has served the greatest
4    number of years as a member of the city council or board of
5    trustees, of whom the mayor or president of the board of
6    trustees shall be the chairman.
7        4. The township officers electoral board to pass upon
8    objections to the nominations of township officers shall be
9    composed of the township supervisor, the town clerk, and
10    that eligible town trustee elected in the township who has
11    had the longest term of continuous service as town trustee,
12    of whom the township supervisor shall be the chairman.
13        5. (Blank). The education officers electoral board to
14    hear and pass upon objections to the nominations of
15    candidates for offices in community college districts
16    shall be composed of the presiding officer of the community
17    college district board, who shall be the chairman, the
18    secretary of the community college district board and the
19    eligible elected community college board member who has the
20    longest term of continuous service as a board member.
21        6. In all cases, however, where the Congressional,
22    Legislative, or Representative district is wholly or
23    partially within the jurisdiction of a single municipal
24    board of election commissioners in Cook County and in all
25    cases where the school district or special district is
26    wholly within the jurisdiction of a municipal board of

 

 

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1    election commissioners and in all cases where the
2    municipality or township is wholly or partially within the
3    jurisdiction of a municipal board of election
4    commissioners, the board of election commissioners shall
5    ex-officio constitute the electoral board.
6    For special districts situated in more than one county, the
7county officers electoral board of the county in which the
8principal office of the district is located has jurisdiction to
9hear and pass upon objections. For purposes of this Section,
10"special districts" means all political subdivisions other
11than counties, municipalities, townships and school and
12community college districts.
13    In the event that any member of the appropriate board is a
14candidate for the office with relation to which the objector's
15petition is filed, he shall not be eligible to serve on that
16board and shall not act as a member of the board and his place
17shall be filled as follows:
18        a. In the county officers electoral board by the county
19    treasurer, and if he or she is ineligible to serve, by the
20    sheriff of the county.
21        b. In the municipal officers electoral board by the
22    eligible elected city council or board of trustees member
23    who has served the second greatest number of years as a
24    city council or board of trustees member.
25        c. In the township officers electoral board by the
26    eligible elected town trustee who has had the second

 

 

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1    longest term of continuous service as a town trustee.
2        d. (Blank). In the education officers electoral board
3    by the eligible elected community college district board
4    member who has had the second longest term of continuous
5    service as a board member.
6    In the event that the chairman of the electoral board is
7ineligible to act because of the fact that he or she is a
8candidate for the office with relation to which the objector's
9petition is filed, then the substitute chosen under the
10provisions of this Section shall be the chairman; In this case,
11the officer or board with whom the objector's petition is
12filed, shall transmit the certificate of nomination or
13nomination papers as the case may be, and the objector's
14petition to the substitute chairman of the electoral board.
15    When 2 or more eligible individuals, by reason of their
16terms of service on a city council or board of trustees or a ,
17township board of trustees, or community college district
18board, qualify to serve on an electoral board, the one to serve
19shall be chosen by lot.
20    Any vacancies on an electoral board not otherwise filled
21pursuant to this Section shall be filled by public members
22appointed by the Chief Judge of the Circuit Court for the
23county wherein the electoral board hearing is being held upon
24notification to the Chief Judge of such vacancies. The Chief
25Judge shall be so notified by a member of the electoral board
26or the officer or board with whom the objector's petition was

 

 

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1filed. In the event that none of the individuals designated by
2this Section to serve on the electoral board are eligible, the
3chairman of an electoral board shall be designated by the Chief
4Judge.
5(Source: P.A. 98-115, eff. 7-29-13.)
 
6    (Text of Section after amendment by P.A. 98-1171)
7    Sec. 10-9. The following electoral boards are designated
8for the purpose of hearing and passing upon the objector's
9petition described in Section 10-8.
10        1. The State Board of Elections will hear and pass upon
11    objections to the nominations of candidates for State
12    offices, nominations of candidates for congressional or
13    legislative offices that are in more than one county or are
14    wholly located within a single county with a population of
15    less than 3,000,000 and judicial offices of districts,
16    subcircuits, or circuits situated in more than one county,
17    nominations of candidates for the offices of State's
18    attorney or regional superintendent of schools to be
19    elected from more than one county, and petitions for
20    proposed amendments to the Constitution of the State of
21    Illinois as provided for in Section 3 of Article XIV of the
22    Constitution.
23        2. The county officers electoral board of a county with
24    a population of less than 3,000,000 to hear and pass upon
25    objections to the nominations of candidates for county

 

 

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1    offices and judicial offices of a district, subcircuit, or
2    circuit coterminous with or less than a county, for any
3    school district offices, for any community college
4    district offices, for the office of multi-township
5    assessor where candidates for such office are nominated in
6    accordance with this Code, and for all special district
7    offices, shall be composed of the county clerk, or an
8    assistant designated by the county clerk, the State's
9    attorney of the county or an Assistant State's Attorney
10    designated by the State's Attorney, and the clerk of the
11    circuit court, or an assistant designated by the clerk of
12    the circuit court, of the county, of whom the county clerk
13    or his designee shall be the chairman, except that in any
14    county which has established a county board of election
15    commissioners that board shall constitute the county
16    officers electoral board ex-officio. If a school district
17    is located in 2 or more counties, the county officers
18    electoral board of the county in which the principal office
19    of the school district is located shall hear and pass upon
20    objections to nominations of candidates for school
21    district office in that school district.
22        2.5. The county officers electoral board of a county
23    with a population of 3,000,000 or more to hear and pass
24    upon objections to the nominations of candidates for county
25    offices, candidates for congressional and legislative
26    offices if the district is wholly within a county with a

 

 

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1    population of 3,000,000 or more, unless the district is
2    wholly or partially within the jurisdiction of a municipal
3    board of election commissioners, and judicial offices of a
4    district, subcircuit, or circuit coterminous with or less
5    than a county, for any school district offices, for the
6    office of multi-township assessor where candidates for
7    such office are nominated in accordance with this Code, and
8    for all special district offices, shall be composed of the
9    county clerk, or an assistant designated by the county
10    clerk, the State's Attorney of the county or an Assistant
11    State's Attorney designated by the State's Attorney, and
12    the clerk of the circuit court, or an assistant designated
13    by the clerk of the circuit court, of the county, of whom
14    the county clerk or his designee shall be the chairman,
15    except that, in any county which has established a county
16    board of election commissioners, that board shall
17    constitute the county officers electoral board ex-officio.
18    If a school district is located in 2 or more counties, the
19    county officers electoral board of the county in which the
20    principal office of the school district is located shall
21    hear and pass upon objections to nominations of candidates
22    for school district office in that school district.
23        3. The municipal officers electoral board to hear and
24    pass upon objections to the nominations of candidates for
25    officers of municipalities shall be composed of the mayor
26    or president of the board of trustees of the city, village

 

 

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1    or incorporated town, and the city, village or incorporated
2    town clerk, and one member of the city council or board of
3    trustees, that member being designated who is eligible to
4    serve on the electoral board and has served the greatest
5    number of years as a member of the city council or board of
6    trustees, of whom the mayor or president of the board of
7    trustees shall be the chairman.
8        4. The township officers electoral board to pass upon
9    objections to the nominations of township officers shall be
10    composed of the township supervisor, the town clerk, and
11    that eligible town trustee elected in the township who has
12    had the longest term of continuous service as town trustee,
13    of whom the township supervisor shall be the chairman.
14        5. (Blank). The education officers electoral board to
15    hear and pass upon objections to the nominations of
16    candidates for offices in community college districts
17    shall be composed of the presiding officer of the community
18    college district board, who shall be the chairman, the
19    secretary of the community college district board and the
20    eligible elected community college board member who has the
21    longest term of continuous service as a board member.
22        6. In all cases, however, where the Congressional,
23    Legislative, or Representative district is wholly or
24    partially within the jurisdiction of a single municipal
25    board of election commissioners in Cook County and in all
26    cases where the school district or special district is

 

 

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1    wholly within the jurisdiction of a municipal board of
2    election commissioners and in all cases where the
3    municipality or township is wholly or partially within the
4    jurisdiction of a municipal board of election
5    commissioners, the board of election commissioners shall
6    ex-officio constitute the electoral board.
7    For special districts situated in more than one county, the
8county officers electoral board of the county in which the
9principal office of the district is located has jurisdiction to
10hear and pass upon objections. For purposes of this Section,
11"special districts" means all political subdivisions other
12than counties, municipalities, townships and school and
13community college districts.
14    In the event that any member of the appropriate board is a
15candidate for the office with relation to which the objector's
16petition is filed, he shall not be eligible to serve on that
17board and shall not act as a member of the board and his place
18shall be filled as follows:
19        a. In the county officers electoral board by the county
20    treasurer, and if he or she is ineligible to serve, by the
21    sheriff of the county.
22        b. In the municipal officers electoral board by the
23    eligible elected city council or board of trustees member
24    who has served the second greatest number of years as a
25    city council or board of trustees member.
26        c. In the township officers electoral board by the

 

 

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1    eligible elected town trustee who has had the second
2    longest term of continuous service as a town trustee.
3        d. (Blank). In the education officers electoral board
4    by the eligible elected community college district board
5    member who has had the second longest term of continuous
6    service as a board member.
7    In the event that the chairman of the electoral board is
8ineligible to act because of the fact that he or she is a
9candidate for the office with relation to which the objector's
10petition is filed, then the substitute chosen under the
11provisions of this Section shall be the chairman; In this case,
12the officer or board with whom the objector's petition is
13filed, shall transmit the certificate of nomination or
14nomination papers as the case may be, and the objector's
15petition to the substitute chairman of the electoral board.
16    When 2 or more eligible individuals, by reason of their
17terms of service on a city council or board of trustees or a ,
18township board of trustees, or community college district
19board, qualify to serve on an electoral board, the one to serve
20shall be chosen by lot.
21    Any vacancies on an electoral board not otherwise filled
22pursuant to this Section shall be filled by public members
23appointed by the Chief Judge of the Circuit Court for the
24county wherein the electoral board hearing is being held upon
25notification to the Chief Judge of such vacancies. The Chief
26Judge shall be so notified by a member of the electoral board

 

 

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1or the officer or board with whom the objector's petition was
2filed. In the event that none of the individuals designated by
3this Section to serve on the electoral board are eligible, the
4chairman of an electoral board shall be designated by the Chief
5Judge.
6(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
 
7    (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
8    Sec. 10-10. Within 24 hours after the receipt of the
9certificate of nomination or nomination papers or proposed
10question of public policy, as the case may be, and the
11objector's petition, the chairman of the electoral board other
12than the State Board of Elections shall send a call by
13registered or certified mail to each of the members of the
14electoral board, and to the objector who filed the objector's
15petition, and either to the candidate whose certificate of
16nomination or nomination papers are objected to or to the
17principal proponent or attorney for proponents of a question of
18public policy, as the case may be, whose petitions are objected
19to, and shall also cause the sheriff of the county or counties
20in which such officers and persons reside to serve a copy of
21such call upon each of such officers and persons, which call
22shall set out the fact that the electoral board is required to
23meet to hear and pass upon the objections to nominations made
24for the office, designating it, and shall state the day, hour
25and place at which the electoral board shall meet for the

 

 

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1purpose, which place shall be in the county court house in the
2county in the case of the County Officers Electoral Board, the
3Municipal Officers Electoral Board, or the Township Officers
4Electoral Board or the Education Officers Electoral Board,
5except that the Municipal Officers Electoral Board and , the
6Township Officers Electoral Board, and the Education Officers
7Electoral Board may meet at the location where the governing
8body of the municipality or , township, or community college
9district, respectively, holds its regularly scheduled
10meetings, if that location is available; provided that voter
11records may be removed from the offices of an election
12authority only at the discretion and under the supervision of
13the election authority. In those cases where the State Board of
14Elections is the electoral board designated under Section 10-9,
15the chairman of the State Board of Elections shall, within 24
16hours after the receipt of the certificate of nomination or
17nomination papers or petitions for a proposed amendment to
18Article IV of the Constitution or proposed statewide question
19of public policy, send a call by registered or certified mail
20to the objector who files the objector's petition, and either
21to the candidate whose certificate of nomination or nomination
22papers are objected to or to the principal proponent or
23attorney for proponents of the proposed Constitutional
24amendment or statewide question of public policy and shall
25state the day, hour and place at which the electoral board
26shall meet for the purpose, which place may be in the Capitol

 

 

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1Building or in the principal or permanent branch office of the
2State Board. The day of the meeting shall not be less than 3
3nor more than 5 days after the receipt of the certificate of
4nomination or nomination papers and the objector's petition by
5the chairman of the electoral board.
6    The electoral board shall have the power to administer
7oaths and to subpoena and examine witnesses and, at the request
8of either party and only upon a vote by a majority of its
9members, may authorize the chairman to issue subpoenas
10requiring the attendance of witnesses and subpoenas duces tecum
11requiring the production of such books, papers, records and
12documents as may be evidence of any matter under inquiry before
13the electoral board, in the same manner as witnesses are
14subpoenaed in the Circuit Court.
15    Service of such subpoenas shall be made by any sheriff or
16other person in the same manner as in cases in such court and
17the fees of such sheriff shall be the same as is provided by
18law, and shall be paid by the objector or candidate who causes
19the issuance of the subpoena. In case any person so served
20shall knowingly neglect or refuse to obey any such subpoena, or
21to testify, the electoral board shall at once file a petition
22in the circuit court of the county in which such hearing is to
23be heard, or has been attempted to be heard, setting forth the
24facts, of such knowing refusal or neglect, and accompanying the
25petition with a copy of the citation and the answer, if one has
26been filed, together with a copy of the subpoena and the return

 

 

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1of service thereon, and shall apply for an order of court
2requiring such person to attend and testify, and forthwith
3produce books and papers, before the electoral board. Any
4circuit court of the state, excluding the judge who is sitting
5on the electoral board, upon such showing shall order such
6person to appear and testify, and to forthwith produce such
7books and papers, before the electoral board at a place to be
8fixed by the court. If such person shall knowingly fail or
9refuse to obey such order of the court without lawful excuse,
10the court shall punish him or her by fine and imprisonment, as
11the nature of the case may require and may be lawful in cases
12of contempt of court.
13    The electoral board on the first day of its meeting shall
14adopt rules of procedure for the introduction of evidence and
15the presentation of arguments and may, in its discretion,
16provide for the filing of briefs by the parties to the
17objection or by other interested persons.
18    In the event of a State Electoral Board hearing on
19objections to a petition for an amendment to Article IV of the
20Constitution pursuant to Section 3 of Article XIV of the
21Constitution, or to a petition for a question of public policy
22to be submitted to the voters of the entire State, the
23certificates of the county clerks and boards of election
24commissioners showing the results of the random sample of
25signatures on the petition shall be prima facie valid and
26accurate, and shall be presumed to establish the number of

 

 

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1valid and invalid signatures on the petition sheets reviewed in
2the random sample, as prescribed in Section 28-11 and 28-12 of
3this Code. Either party, however, may introduce evidence at
4such hearing to dispute the findings as to particular
5signatures. In addition to the foregoing, in the absence of
6competent evidence presented at such hearing by a party
7substantially challenging the results of a random sample, or
8showing a different result obtained by an additional sample,
9this certificate of a county clerk or board of election
10commissioners shall be presumed to establish the ratio of valid
11to invalid signatures within the particular election
12jurisdiction.
13    The electoral board shall take up the question as to
14whether or not the certificate of nomination or nomination
15papers or petitions are in proper form, and whether or not they
16were filed within the time and under the conditions required by
17law, and whether or not they are the genuine certificate of
18nomination or nomination papers or petitions which they purport
19to be, and whether or not in the case of the certificate of
20nomination in question it represents accurately the decision of
21the caucus or convention issuing it, and in general shall
22decide whether or not the certificate of nomination or
23nominating papers or petitions on file are valid or whether the
24objections thereto should be sustained and the decision of a
25majority of the electoral board shall be final subject to
26judicial review as provided in Section 10-10.1. The electoral

 

 

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1board must state its findings in writing and must state in
2writing which objections, if any, it has sustained. A copy of
3the decision shall be served upon the parties to the
4proceedings in open proceedings before the electoral board. If
5a party does not appear for receipt of the decision, the
6decision shall be deemed to have been served on the absent
7party on the date when a copy of the decision is personally
8delivered or on the date when a copy of the decision is
9deposited in the Unites States mail, in a sealed envelope or
10package, with postage prepaid, addressed to each party affected
11by the decision or to such party's attorney of record, if any,
12at the address on record for such person in the files of the
13electoral board.
14    Upon the expiration of the period within which a proceeding
15for judicial review must be commenced under Section 10-10.1,
16the electoral board shall, unless a proceeding for judicial
17review has been commenced within such period, transmit, by
18registered or certified mail, a certified copy of its ruling,
19together with the original certificate of nomination or
20nomination papers or petitions and the original objector's
21petition, to the officer or board with whom the certificate of
22nomination or nomination papers or petitions, as objected to,
23were on file, and such officer or board shall abide by and
24comply with the ruling so made to all intents and purposes.
25(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
26revised 11-25-14.)
 

 

 

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1    Section 10. The Public Community College Act is amended by
2changing Section 3-7.10 as follows:
 
3    (110 ILCS 805/3-7.10)  (from Ch. 122, par. 103-7.10)
4    Sec. 3-7.10. Nominations for members of the board shall be
5made by a petition signed by at least 50 voters or 10% of the
6voters, whichever is less, residing within the community
7college district and shall be filed with the county clerk or
8the county board of election commissioners, as the case may be,
9of the county in which the principal office of the community
10college district is located secretary of the board. In addition
11to the requirements of the general election law, the form of
12such petitions shall be substantially as follows:
13
NOMINATING PETITIONS
14    To the (County Clerk or County Board of Election
15Commissioners) Secretary of the Board of Trustees of Community
16College District No. ....:
17    We the undersigned, being (.... or more) (or 10% or more)
18of the voters residing within said district, hereby petition
19that .... who resides at .... in the (city or village) of ....
20in Township .... (or who resides outside any city, village or
21incorporated town and in Township ....) in said district shall
22be a candidate for the office of .... of the Board of Trustees
23(full term) (vacancy) to be voted for at the election to be
24held on (insert date).

 

 

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1Name:                         Address:
 
2    Nomination papers filed under this Section are not valid
3unless the candidate named therein files with the county clerk
4or the county board of election commissioners, as the case may
5be, of the county in which the principal office of the
6community college district is located secretary of the board a
7receipt from the county clerk showing that the candidate has
8filed a statement of economic interests as required by the
9Illinois Governmental Ethics Act. Such receipt shall be so
10filed either previously during the calendar year in which his
11or her nomination papers were filed or within the period for
12the filing of nomination papers in accordance with the general
13election law.
14    The county clerk or the county board of election
15commissioners, as the case may be, of the county in which the
16principal office of the community college district is located
17secretary of the board shall notify each candidate, or the
18appropriate committee, for whom a petition for nomination has
19been filed of their obligations under the Campaign Financing
20Act, as required by the general election law. Such notice shall
21be given on a form prescribed by the State Board of Elections
22and in accordance with the requirements of the general election
23law.
24    All petitions for the nomination of members of a board of
25trustees shall be filed with the county clerk or the county

 

 

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1board of election commissioners, as the case may be, of the
2county in which the principal office of the community college
3district is located secretary of the board within the time
4provided for by the general election law. Said secretary shall
5make certification to the proper election authority in
6accordance with the requirements of the general election law.
7If the secretary is an incumbent board member seeking
8reelection, a disinterested person must be a witness to the
9filing of his petition. It is the duty of the county clerk or
10the county board of election commissioners, as the case may be,
11of the county in which the principal office of the community
12college district is located secretary to provide candidates
13with petition forms and statements of candidacy.
14    The county clerk or the county board of election
15commissioners secretary shall, within 7 days of filing or on
16the last day for filing, whichever is earlier, acknowledge to
17the petitioner, in writing, the office's his acceptance of the
18petition.
19    In all newly organized districts the petition for the
20nomination of candidates for members of the board at the first
21election shall be addressed to and filed with the regional
22superintendent in the manner specified for the petitions for
23candidates of a community college board. For such election the
24regional superintendent shall fulfill all duties otherwise
25assigned to the secretary of the board.
26(Source: P.A. 91-357, eff. 7-29-99.)
 

 

 

HB3697- 21 -LRB099 11126 NHT 31571 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.