100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3846

 

Introduced , by Rep. Sam Yingling

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-1.2  from Ch. 46, par. 2A-1.2
55 ILCS 5/2-1003.5 new
55 ILCS 5/2-4003.5 new

    Amends the Counties Code. Provides that in counties where the county board chooses or elects one of its own members as chairman, the county may change to electing its county board chairman by a petition signed by 5% of the number of voters who voted at the last general election and then a referendum of the voters. Provides that if the referendum is approved, the county board chairman shall be elected at the general election next following the approval of the referendum and at the general election every 4 years thereafter. Amends the Election Code making conforming changes.


LRB100 10901 AWJ 21136 b

 

 

A BILL FOR

 

HB3846LRB100 10901 AWJ 21136 b

1    AN ACT concerning local government.
 
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 Section
52A-1.2 as follows:
 
6    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
7    Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
8Designated.
9    (a) At the general election in the appropriate
10even-numbered years, the following offices shall be filled or
11shall be on the ballot as otherwise required by this Code:
12        (1) Elector of President and Vice President of the
13    United States;
14        (2) United States Senator and United States
15    Representative;
16        (3) State Executive Branch elected officers;
17        (4) State Senator and State Representative;
18        (5) County elected officers, including State's
19    Attorney, County Board member, County Commissioners, and
20    elected President or elected Chairman of the County Board
21    or County Chief Executive;
22        (6) Circuit Court Clerk;
23        (7) Regional Superintendent of Schools, except in

 

 

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1    counties or educational service regions in which that
2    office has been abolished;
3        (8) Judges of the Supreme, Appellate and Circuit
4    Courts, on the question of retention, to fill vacancies and
5    newly created judicial offices;
6        (9) (Blank);
7        (10) Trustee of the Metropolitan Sanitary District of
8    Chicago, and elected Trustee of other Sanitary Districts;
9        (11) Special District elected officers, not otherwise
10    designated in this Section, where the statute creating or
11    authorizing the creation of the district requires an annual
12    election and permits or requires election of candidates of
13    political parties.
14    (b) At the general primary election:
15        (1) in each even-numbered year candidates of political
16    parties shall be nominated for those offices to be filled
17    at the general election in that year, except where pursuant
18    to law nomination of candidates of political parties is
19    made by caucus.
20        (2) in the appropriate even-numbered years the
21    political party offices of State central committeeman,
22    township committeeman, ward committeeman, and precinct
23    committeeman shall be filled and delegates and alternate
24    delegates to the National nominating conventions shall be
25    elected as may be required pursuant to this Code. In the
26    even-numbered years in which a Presidential election is to

 

 

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1    be held, candidates in the Presidential preference primary
2    shall also be on the ballot.
3        (3) in each even-numbered year, where the municipality
4    has provided for annual elections to elect municipal
5    officers pursuant to Section 6(f) or Section 7 of Article
6    VII of the Constitution, pursuant to the Illinois Municipal
7    Code or pursuant to the municipal charter, the offices of
8    such municipal officers shall be filled at an election held
9    on the date of the general primary election, provided that
10    the municipal election shall be a nonpartisan election
11    where required by the Illinois Municipal Code. For partisan
12    municipal elections in even-numbered years, a primary to
13    nominate candidates for municipal office to be elected at
14    the general primary election shall be held on the Tuesday 6
15    weeks preceding that election.
16        (4) in each school district which has adopted the
17    provisions of Article 33 of the School Code, successors to
18    the members of the board of education whose terms expire in
19    the year in which the general primary is held shall be
20    elected.
21    (c) At the consolidated election in the appropriate
22odd-numbered years, the following offices shall be filled:
23        (1) Municipal officers, provided that in
24    municipalities in which candidates for alderman or other
25    municipal office are not permitted by law to be candidates
26    of political parties, the runoff election where required by

 

 

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1    law, or the nonpartisan election where required by law,
2    shall be held on the date of the consolidated election; and
3    provided further, in the case of municipal officers
4    provided for by an ordinance providing the form of
5    government of the municipality pursuant to Section 7 of
6    Article VII of the Constitution, such offices shall be
7    filled by election or by runoff election as may be provided
8    by such ordinance;
9        (2) Village and incorporated town library directors;
10        (3) City boards of stadium commissioners;
11        (4) Commissioners of park districts;
12        (5) Trustees of public library districts;
13        (6) Special District elected officers, not otherwise
14    designated in this section, where the statute creating or
15    authorizing the creation of the district permits or
16    requires election of candidates of political parties;
17        (7) Township officers, including township park
18    commissioners, township library directors, and boards of
19    managers of community buildings, and Multi-Township
20    Assessors;
21        (8) Highway commissioners and road district clerks;
22        (9) Members of school boards in school districts which
23    adopt Article 33 of the School Code;
24        (10) The directors and chairman of the Chain O Lakes -
25    Fox River Waterway Management Agency;
26        (11) Forest preserve district commissioners elected

 

 

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1    under Section 3.5 of the Downstate Forest Preserve District
2    Act;
3        (12) Elected members of school boards, school
4    trustees, directors of boards of school directors,
5    trustees of county boards of school trustees (except in
6    counties or educational service regions having a
7    population of 2,000,000 or more inhabitants) and members of
8    boards of school inspectors, except school boards in school
9    districts that adopt Article 33 of the School Code;
10        (13) Members of Community College district boards;
11        (14) Trustees of Fire Protection Districts;
12        (15) Commissioners of the Springfield Metropolitan
13    Exposition and Auditorium Authority;
14        (16) Elected Trustees of Tuberculosis Sanitarium
15    Districts;
16        (17) Elected Officers of special districts not
17    otherwise designated in this Section for which the law
18    governing those districts does not permit candidates of
19    political parties.
20    (d) At the consolidated primary election in each
21odd-numbered year, candidates of political parties shall be
22nominated for those offices to be filled at the consolidated
23election in that year, except where pursuant to law nomination
24of candidates of political parties is made by caucus, and
25except those offices listed in paragraphs (12) through (17) of
26subsection (c).

 

 

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1    At the consolidated primary election in the appropriate
2odd-numbered years, the mayor, clerk, treasurer, and aldermen
3shall be elected in municipalities in which candidates for
4mayor, clerk, treasurer, or alderman are not permitted by law
5to be candidates of political parties, subject to runoff
6elections to be held at the consolidated election as may be
7required by law, and municipal officers shall be nominated in a
8nonpartisan election in municipalities in which pursuant to law
9candidates for such office are not permitted to be candidates
10of political parties.
11    At the consolidated primary election in the appropriate
12odd-numbered years, municipal officers shall be nominated or
13elected, or elected subject to a runoff, as may be provided by
14an ordinance providing a form of government of the municipality
15pursuant to Section 7 of Article VII of the Constitution.
16    (e) (Blank).
17    (f) At any election established in Section 2A-1.1, public
18questions may be submitted to voters pursuant to this Code and
19any special election otherwise required or authorized by law or
20by court order may be conducted pursuant to this Code.
21    Notwithstanding the regular dates for election of officers
22established in this Article, whenever a referendum is held for
23the establishment of a political subdivision whose officers are
24to be elected, the initial officers shall be elected at the
25election at which such referendum is held if otherwise so
26provided by law. In such cases, the election of the initial

 

 

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1officers shall be subject to the referendum.
2    Notwithstanding the regular dates for election of
3officials established in this Article, any community college
4district which becomes effective by operation of law pursuant
5to Section 6-6.1 of the Public Community College Act, as now or
6hereafter amended, shall elect the initial district board
7members at the next regularly scheduled election following the
8effective date of the new district.
9    (g) At any election established in Section 2A-1.1, if in
10any precinct there are no offices or public questions required
11to be on the ballot under this Code then no election shall be
12held in the precinct on that date.
13    (h) There may be conducted a referendum in accordance with
14the provisions of Division 6-4 of the Counties Code.
15(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
16eff. 8-9-96; 90-358, eff. 1-1-98.)
 
17    Section 10. The Counties Code is amended by adding Sections
182-1003.5 and 2-4003.5 as follows:
 
19    (55 ILCS 5/2-1003.5 new)
20    Sec. 2-1003.5. Election of board chairman. In counties
21where the county board chooses one of its members as chairman,
22the county may change to electing its county board chairman by
23petition and referendum of the voters. Upon the filing of a
24petition with the county board signed by 5% of the number of

 

 

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1voters who voted at the last general election, a referendum,
2subject to the requirements of 16-7 of the Election Code, shall
3be placed on the ballot at the next following general election
4in substantially the following form:
5        Shall the county board chairman be elected beginning
6    with the general election next following this referendum
7    and every 4 years thereafter?
8The votes shall be recorded as "Yes" or "No". The referendum is
9approved when a majority of voters approve the referendum. If
10approved, the county board chairman shall be elected at the
11general election next following the approval of the referendum
12and at the general election every 4 years thereafter and shall
13serve until a successor is elected and qualified.
 
14    (55 ILCS 5/2-4003.5 new)
15    Sec. 2-4003.5. Election of board chairman. In counties
16where the county board elects one of its members as chairman,
17the county may change to electing its county board chairman by
18petition and referendum of the voters. Upon the filing of a
19petition with the county board signed by 5% of the number of
20voters who voted at the last general election, a referendum,
21subject to the requirements of 16-7 of the Election Code, shall
22be placed on the ballot at the next following general election
23in substantially the following form:
24        Shall the county board chairman be elected beginning
25    with the general election next following this referendum

 

 

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1    and every 4 years thereafter?
2The votes shall be recorded as "Yes" or "No". The referendum is
3approved when a majority of voters approve the referendum. If
4approved, the county board chairman shall be elected at the
5general election next following the approval of the referendum
6and at the general election every 4 years thereafter and shall
7serve until a successor is elected and qualified.