101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5555

 

Introduced , by Rep. Delia C. Ramirez

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-1.2  from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-48  from Ch. 46, par. 2A-48
105 ILCS 5/34-3  from Ch. 122, par. 34-3
105 ILCS 5/34-4  from Ch. 122, par. 34-4
105 ILCS 5/34-4.1 new
105 ILCS 5/34-4.2 new
105 ILCS 5/34-13.1
105 ILCS 5/34-21.9 new

    Amends the Election Code. Provides for the election of the Chicago Board of Education for the 2023 and 2027 consolidated primary elections. Amends the Chicago School District Article of the School Code. Provides that no later than June 30, 2029, the General Assembly must review and revise the election of members of the Chicago Board of Education and if the General Assembly has not reauthorized the election of members of the Chicago Board of Education by June 30, 2029, then, on May 13, 2031, the terms of all members elected in 2027 shall end, and a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor. Makes conforming changes. Provides that, beginning on May 9, 2023 and until May 13, 2031, successors of the Inspector General for the Chicago school district shall be appointed by the school board instead of the Mayor. Effective immediately.


LRB101 18904 NHT 68363 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5555LRB101 18904 NHT 68363 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 and 2A-48 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 of the County Board or County Chief
21    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 Water Reclamation
8    Sanitary District of Greater Chicago, and elected Trustee
9    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    (b) At the general primary election:
16        (1) in each even-numbered year candidates of political
17    parties shall be nominated for those offices to be filled
18    at the general election in that year, except where pursuant
19    to law nomination of candidates of political parties is
20    made by caucus.
21        (2) in the appropriate even-numbered years the
22    political party offices of State central committeeperson,
23    township committeeperson, ward committeeperson, and
24    precinct committeeperson shall be filled and delegates and
25    alternate delegates to the National nominating conventions
26    shall be elected as may be required pursuant to this Code.

 

 

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

 

 

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

 

 

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

 

 

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1subsection (c).
2    At the consolidated primary election in the appropriate
3odd-numbered years, the mayor, clerk, treasurer, and aldermen
4shall be elected in municipalities in which candidates for
5mayor, clerk, treasurer, or alderman are not permitted by law
6to be candidates of political parties, subject to runoff
7elections to be held at the consolidated election as may be
8required by law, and municipal officers shall be nominated in a
9nonpartisan election in municipalities in which pursuant to law
10candidates for such office are not permitted to be candidates
11of political parties.
12    At the consolidated primary election in the appropriate
13odd-numbered years, municipal officers shall be nominated or
14elected, or elected subject to a runoff, as may be provided by
15an ordinance providing a form of government of the municipality
16pursuant to Section 7 of Article VII of the Constitution.
17    At the consolidated primary elections in 2023 and 2027,
18members of the Chicago Board of Education shall be elected as
19provided in subsection (b-5) of Section 34-3 of the School
20Code, subject to the runoff elections to be held at the
21consolidated election as may be required by law.
22    (e) (Blank).
23    (f) At any election established in Section 2A-1.1, public
24questions may be submitted to voters pursuant to this Code and
25any special election otherwise required or authorized by law or
26by court order may be conducted pursuant to this Code.

 

 

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1    Notwithstanding the regular dates for election of officers
2established in this Article, whenever a referendum is held for
3the establishment of a political subdivision whose officers are
4to be elected, the initial officers shall be elected at the
5election at which such referendum is held if otherwise so
6provided by law. In such cases, the election of the initial
7officers shall be subject to the referendum.
8    Notwithstanding the regular dates for election of
9officials established in this Article, any community college
10district which becomes effective by operation of law pursuant
11to Section 6-6.1 of the Public Community College Act, as now or
12hereafter amended, shall elect the initial district board
13members at the next regularly scheduled election following the
14effective date of the new district.
15    (g) At any election established in Section 2A-1.1, if in
16any precinct there are no offices or public questions required
17to be on the ballot under this Code then no election shall be
18held in the precinct on that date.
19    (h) There may be conducted a referendum in accordance with
20the provisions of Division 6-4 of the Counties Code.
21(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
 
22    (10 ILCS 5/2A-48)  (from Ch. 46, par. 2A-48)
23    Sec. 2A-48. Board of School Directors and Board of
24Education - Member - Time of Election. A member of a Board of
25School Directors or a member of an elected Board of Education,

 

 

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1as the case may be, shall be elected at each consolidated
2election to succeed each incumbent member whose term ends
3before the following consolidated election. At the
4consolidated primary elections in 2023 and 2027, members of the
5Chicago Board of Education shall be elected as provided in
6subsection (b-5) of Section 34-3 of the School Code, subject to
7the runoff elections to be held at the consolidated election as
8may be required by law.
9(Source: P.A. 90-358, eff. 1-1-98.)
 
10    Section 10. The School Code is amended by changing Sections
1134-3, 34-4, and 34-13.1 and by adding Sections 34-4.1, 34-4.2,
12and 34-21.9 as follows:
 
13    (105 ILCS 5/34-3)  (from Ch. 122, par. 34-3)
14    Sec. 34-3. Chicago School Reform Board of Trustees; new
15Chicago Board of Education; members; term; vacancies.
16    (a) Within 30 days after the effective date of this
17amendatory Act of 1995, the terms of all members of the Chicago
18Board of Education holding office on that date are abolished
19and the Mayor shall appoint, without the consent or approval of
20the City Council, a 5 member Chicago School Reform Board of
21Trustees which shall take office upon the appointment of the
22fifth member. The Chicago School Reform Board of Trustees and
23its members shall serve until, and the terms of all members of
24the Chicago School Reform Board of Trustees shall expire on,

 

 

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1June 30, 1999 or upon the appointment of a new Chicago Board of
2Education as provided in subsection (b), whichever is later.
3Any vacancy in the membership of the Trustees shall be filled
4through appointment by the Mayor, without the consent or
5approval of the City Council, for the unexpired term. One of
6the members appointed by the Mayor to the Trustees shall be
7designated by the Mayor to serve as President of the Trustees.
8The Mayor shall appoint a full-time, compensated chief
9executive officer, and his or her compensation as such chief
10executive officer shall be determined by the Mayor. The Mayor,
11at his or her discretion, may appoint the President to serve
12simultaneously as the chief executive officer.
13    (b) Within 30 days before the expiration of the terms of
14the members of the Chicago Reform Board of Trustees as provided
15in subsection (a), a new Chicago Board of Education consisting
16of 7 members shall be appointed by the Mayor to take office on
17the later of July 1, 1999 or the appointment of the seventh
18member. Three of the members initially so appointed under this
19subsection shall serve for terms ending June 30, 2002, 4 of the
20members initially so appointed under this subsection shall
21serve for terms ending June 30, 2003, and each member initially
22so appointed shall continue to hold office until his or her
23successor is appointed and qualified. Thereafter at the
24expiration of the term of any member a successor shall be
25appointed by the Mayor and shall hold office for a term of 4
26years, from July 1 of the year in which the term commences and

 

 

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1until a successor is appointed and qualified. Any vacancy in
2the membership of the Chicago Board of Education shall be
3filled through appointment by the Mayor for the unexpired term.
4No appointment to membership on the Chicago Board of Education
5that is made by the Mayor under this subsection shall require
6the approval of the City Council, whether the appointment is
7made for a full term or to fill a vacancy for an unexpired term
8on the Board. Notwithstanding any provision of law to the
9contrary, the terms of all members of the Chicago Board of
10Education serving on May 9, 2023 shall end when the members of
11the board organized under subsection (b-5) are elected and
12qualified. This subsection shall be inoperative after May 31,
132023.
14    (b-5) At the consolidated primaries in 2023 and 2027, a
15Chicago Board of Education consisting of 21 members shall be
16elected by the electors of the school district as provided in
17this subsection.
18    Each member shall be elected for a term of 4 years. For
19purposes of elections conducted under this subsection, the City
20of Chicago shall be subdivided into 20 electoral districts by
21the General Assembly for seats on the Chicago Board of
22Education, as provided under Section 34-21.9. Each district
23shall be represented by a member, and one member shall be
24elected at large and serve as the president of the board.
25    The candidate receiving a majority of the votes cast for a
26seat on the Chicago Board of Education at the consolidated

 

 

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1primary election shall be declared elected. If no candidate
2receives a majority of the votes for a seat on the Chicago
3Board of Education, a runoff election shall be held at the
4consolidated election, when only the names of the candidates
5receiving the highest and second highest number of votes for
6that seat on the Chicago Board of Education at the consolidated
7primary election shall appear on the ballot. If more than one
8candidate received the highest or second highest number of
9votes for a seat on the Chicago Board of Education at the
10consolidated primary election, the names of all candidates
11receiving the highest and second highest number of votes for
12that seat on the Chicago Board of Education shall appear on the
13ballot at the consolidated election. The candidate receiving
14the highest number of votes for that seat on the Chicago Board
15of Education at the consolidated election shall be declared
16elected.
17    Within 28 days after the members enter office, the board
18shall organize by electing its vice president and fixing a time
19and place for the regular meetings. No less than a majority of
20the board's regular meetings shall take place after regular
21business hours in order to maximize community participation.
22Upon organizing itself as provided in this subsection, the
23board shall enter upon the discharge of its duties.
24    Whenever a vacancy in the board occurs, the remaining
25members of the board shall notify the Mayor of that vacancy
26within 5 days after its occurrence and shall proceed to fill

 

 

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1the vacancy for the remainder of the unexpired term. The
2successor shall have the same residential and other
3qualifications as his or her predecessor. Should the remaining
4board members fail to act within 45 days after the vacancy
5occurs, the Mayor shall, within 30 days after the remaining
6members have failed to fill the vacancy, fill the vacancy as
7provided for in this Section. Upon the Mayor's failure to fill
8the vacancy, the vacancy shall be filled at the next election
9of a new board. The successor shall have the same residential
10and other qualifications as his or her predecessor.
11    (b-10) No later than June 30, 2029, the General Assembly
12must review and revise the election of members of the Chicago
13Board of Education under subsection (b-5). If the General
14Assembly has not reauthorized the election of members of the
15Chicago Board of Education under subsection (b-5) by June 30,
162029, then, on May 13, 2031, the terms of all members elected
17in 2027 under subsection (b-5) shall end, and a new Chicago
18Board of Education consisting of 7 members shall be appointed
19by the Mayor. Three of the members initially so appointed under
20this subsection shall serve for terms ending June 30, 2033, 4
21of the members initially so appointed under this subsection
22shall serve for terms ending June 30, 2035, and each member
23initially so appointed shall continue to hold office until his
24or her successor is appointed and qualified. Thereafter, at the
25expiration of the term of any member, a successor shall be
26appointed by the Mayor and shall hold office for a term of 4

 

 

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1years, from July 1 of the year in which the term commences and
2until a successor is appointed and qualified. Any vacancy in
3the membership of the Chicago Board of Education shall be
4filled through appointment by the Mayor for the unexpired term.
5No appointment to membership on the Chicago Board of Education
6that is made by the Mayor under this subsection shall require
7the approval of the City Council, regardless of whether the
8appointment is made for a full term or to fill a vacancy for an
9unexpired term on the Board.
10    (b-15) Except as otherwise provided under subsection
11(b-5), the The board shall elect annually from its number a
12president and vice-president, in such manner and at such time
13as the board determines by its rules. The officers so elected
14shall each perform the duties imposed upon his or her their
15respective office by the rules of the board, provided that (i)
16the president shall preside at meetings of the board and vote
17as any other member but have no power of veto, and (ii) the
18vice president shall perform the duties of the president if
19that office is vacant or the president is absent or unable to
20act. The secretary of the board Board shall be selected by the
21board Board and shall be an employee of the board Board rather
22than a member of the board Board, notwithstanding subsection
23(d) of Section 34-3.3. The duties of the secretary shall be
24imposed by the rules of the board Board.
25    (b-20) No member shall have, or be an employee or owner of
26a company that has, a contract with the school district. No

 

 

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1former officer, member, or employee of the board shall, within
2a period of one year immediately after termination of service
3on the board, knowingly accept employment or receive
4compensation or fees for services from a person or entity if
5the officer, member, or employee, during the year immediately
6preceding termination of service on the board, participated
7personally and substantially in the award of contracts with the
8board or the school district, or the issuance of contract
9change orders with the board or the school district, with a
10cumulative value of $25,000 or more to the person or entity, or
11its parent or subsidiary.
12    (c) The board may appoint a student to the board to serve
13in an advisory capacity. The student member shall serve for a
14term as determined by the board. The board may not grant the
15student member any voting privileges, but shall consider the
16student member as an advisor. The student member may not
17participate in or attend any executive session of the board.
18(Source: P.A. 94-231, eff. 7-14-05.)
 
19    (105 ILCS 5/34-4)  (from Ch. 122, par. 34-4)
20    Sec. 34-4. Eligibility.
21    (a) To be eligible for election or appointment to the
22board, a person shall be a citizen of the United States, shall
23be a registered voter as provided in the Election Code, shall
24have been a resident of the city and, if applicable, the
25electoral district for at least one year 3 years immediately

 

 

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1preceding his or her election or appointment, and shall not be
2a child sex offender as defined in Section 11-9.3 of the
3Criminal Code of 2012. A person is ineligible for election or
4appointment to the board if that person is an employee of the
5school district. For the board elected under subsection (b-5)
6of Section 34-3, all persons eligible for election to the board
7shall be nominated by a petition signed by no less than 250
8voters residing within the electoral district on a petition in
9order to be placed on the ballot, except that persons eligible
10for election to the board at large shall be nominated by a
11petition signed by no less than 2,500 voters residing within
12the city.
13    Permanent removal from the city by any member of the board
14during his or her term of office constitutes a resignation
15therefrom and creates a vacancy in the board. Except for the
16President of the Chicago School Reform Board of Trustees who
17may be paid compensation for his or her services as chief
18executive officer as determined by the Mayor as provided in
19subsection (a) of Section 34-3, board members shall serve
20without any compensation; provided, that board members shall be
21reimbursed for expenses incurred while in the performance of
22their duties upon submission of proper receipts or upon
23submission of a signed voucher in the case of an expense
24allowance evidencing the amount of such reimbursement or
25allowance to the president of the board for verification and
26approval. The board of education may continue to provide health

 

 

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1care insurance coverage, employer pension contributions,
2employee pension contributions, and life insurance premium
3payments for an employee required to resign from an
4administrative, teaching, or career service position in order
5to qualify as a member of the board of education. They shall
6not hold other public office under the Federal, State or any
7local government other than that of Director of the Regional
8Transportation Authority, member of the economic development
9commission of a city having a population exceeding 500,000,
10notary public or member of the National Guard, and by accepting
11any such office while members of the board, or by not resigning
12any such office held at the time of being elected or appointed
13to the board within 30 days after such election or appointment,
14shall be deemed to have vacated their membership in the board.
15(Source: P.A. 97-1150, eff. 1-25-13.)
 
16    (105 ILCS 5/34-4.1 new)
17    Sec. 34-4.1. Nomination petitions. In addition to the
18requirements of the general election law, the form of petitions
19under Section 34-4 for the board elected under subsection (b-5)
20of Section 34-3 shall be substantially as follows:
21
NOMINATING PETITIONS
22
(LEAVE OUT THE INAPPLICABLE PART.)
23    To the Board of Election Commissioners for the City of
24Chicago:
25    We the undersigned, being (.... or more) of the voters

 

 

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1residing within said district, hereby petition that .... who
2resides at .... in the City of Chicago shall be a candidate for
3the office of .... of the board of education (full term)
4(vacancy) to be voted for at the election to be held on (insert
5date).
6    Name: .................. Address: ...................
7    In the designation of the name of a candidate on a petition
8for nomination, the candidate's given name or names, initial or
9initials, a nickname by which the candidate is commonly known,
10or a combination thereof may be used in addition to the
11candidate's surname. If a candidate has changed his or her
12name, whether by a statutory or common law procedure in
13Illinois or any other jurisdiction, within 3 years before the
14last day for filing the petition, then (i) the candidate's name
15on the petition must be followed by "formerly known as (list
16all prior names during the 3-year period) until name changed on
17(list date of each such name change)" and (ii) the petition
18must be accompanied by the candidate's affidavit stating the
19candidate's previous names during the period specified in
20clause (i) and the date or dates each of those names was
21changed; failure to meet these requirements shall be grounds
22for denying certification of the candidate's name for the
23ballot, but these requirements do not apply to name changes
24resulting from adoption to assume an adoptive parent's or
25parents' surname, marriage to assume a spouse's surname, or
26dissolution of marriage or declaration of invalidity of

 

 

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1marriage to assume a former surname. No other designation, such
2as a political slogan, as defined by Section 7-17 of the
3Election Code, title or degree, or nickname suggesting or
4implying possession of a title, degree or professional status,
5or similar information may be used in connection with the
6candidate's surname.
7    All petitions for the nomination of members of a board of
8education shall be filed with the board of election
9commissioners of the jurisdiction in which the principal office
10of the school district is located within the time provided for
11by the general election law. The board of election
12commissioners shall receive and file only those petitions that
13include a statement of candidacy, the required number of voter
14signatures, the notarized signature of the petition
15circulator, and a receipt from the County Clerk showing that
16the candidate has filed a statement of economic interest on or
17before the last day to file as required by the Illinois
18Governmental Ethics Act. The board of election commissioners
19may have petition forms available for issuance to potential
20candidates and may give notice of the petition filing period by
21publication in a newspaper of general circulation within the
22school district not less than 10 days prior to the first day of
23filing. The board of election commissioners shall make
24certification to the proper election authorities in accordance
25with the general election law.
26    The board of election commissioners of the jurisdiction in

 

 

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1which the principal office of the school district is located
2shall notify the candidates for whom a petition for nomination
3is filed or the appropriate committee of the obligations under
4the Campaign Financing Act as provided in the general election
5law. Such notice shall be given on a form prescribed by the
6State Board of Elections and in accordance with the
7requirements of the general election law. The board of election
8commissioners shall within 7 days of filing or on the last day
9for filing, whichever is earlier, acknowledge to the petitioner
10in writing the office's acceptance of the petition.
11    A candidate for membership on the board of education who
12has petitioned for nomination to fill a full term and to fill a
13vacant term to be voted upon at the same election must withdraw
14his or her petition for nomination from either the full term or
15the vacant term by written declaration.
16    Nomination petitions are not valid unless the candidate
17named therein files with the board of election commissioners a
18receipt from the county clerk showing that the candidate has
19filed a statement of economic interests as required by the
20Illinois Governmental Ethics Act. Such receipt shall be so
21filed either previously during the calendar year in which his
22or her nomination papers were filed or within the period for
23the filing of nomination papers in accordance with the general
24election law.
 
25    (105 ILCS 5/34-4.2 new)

 

 

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1    Sec. 34-4.2. Ballots. This Section applies only to the
2board election under subsection (b-5) under Section 34-3. The
3board of election commissioners of the jurisdiction in which
4the principal office of the school district is located shall
5conduct a lottery to determine the ballot order of candidates
6for full terms in the event of any simultaneous petition
7filings. Such candidate lottery shall be conducted as follows:
8    All petitions filed by persons waiting in line as of 8:00
9a.m. on the first day for filing, or as of the normal opening
10hour of the office involved on such day, shall be deemed
11simultaneously filed as of 8:00 a.m. or the normal opening
12hour, as the case may be. Petitions filed by mail and received
13after midnight of the first day for filing and in the first
14mail delivery or pickup of that day shall be deemed
15simultaneously filed as of 8:00 a.m. of that day or as of the
16normal opening hour of such day, as the case may be. All
17petitions received thereafter shall be deemed filed in the
18order of actual receipt. However, 2 or more petitions filed
19within the last hour of the filing deadline shall be deemed
20filed simultaneously.
21    Where 2 or more petitions are received simultaneously for
22the same office as of 8:00 a.m. on the first day for petition
23filing or as of the normal opening hour of the office of the
24board of election commissioners with whom such petitions are
25filed, the board of election commissioners shall break ties and
26determine the order of filing by means of a lottery or other

 

 

HB5555- 21 -LRB101 18904 NHT 68363 b

1fair and impartial method of random selection. Such lottery
2shall be conducted within 9 days following the last day for
3petition filing and shall be open to the public. Seven days
4written notice of the time and place of conducting such random
5selection shall be given by the board of election commissioners
6to all candidates who filed their petitions simultaneously and
7to each organization of citizens within the election
8jurisdiction that was entitled, under the general election law,
9at the next preceding election, to have poll watchers present
10on the day of election. The board of election commissioners
11shall post in a conspicuous, open, and public place, at the
12entrance of his or her office, notice of the time and place of
13such lottery.
14    All candidates shall be certified in the order in which
15their petitions have been filed and in the manner prescribed by
16Section 10-15 of the Election Code. Where candidates have filed
17simultaneously, they shall be certified in the order prescribed
18by this Section and prior to candidates who filed for the same
19office at a later time.
20    Where elections are conducted for unexpired terms, a second
21lottery to determine ballot order shall be conducted for
22candidates who simultaneously file petitions for such
23unexpired terms. Such lottery shall be conducted in the same
24manner as prescribed by this Section for full term candidates.
25    Ballots for the election of school officers shall be in the
26following form:
 

 

 

HB5555- 22 -LRB101 18904 NHT 68363 b

1(BALLOT FORMAT
2    Ballot position for candidates shall be determined by the
3order of petition filing or lottery held pursuant to this
4Section.
5    The school district is divided into 20 electoral districts,
6each of which elects one member to the board of education and
7votes on one member to serve at-large.)
8
OFFICIAL BALLOT
9
DISTRICT ....... (1 through 20)
10
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
11
A FULL 4-YEAR TERM
12
VOTE FOR ONE
13
( ) .....................................
14
( ) .....................................
15
( ) .....................................
16
OFFICIAL BALLOT
17
AT LARGE
18
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
19
A FULL 4-YEAR TERM
20
VOTE FOR ONE
21
( ) .....................................
22
( ) .....................................
23
( ) .....................................
24
REVERSE SIDE:
25
OFFICIAL BALLOT

 

 

HB5555- 23 -LRB101 18904 NHT 68363 b

1
DISTRICT ....... (1 through 20)
2
(Precinct name or number)
3
School District No. ......, ........... County, Illinois
4
Election Tuesday (insert date)
5
(facsimile signature of Election Authority)
6
(County)

 
7    (105 ILCS 5/34-13.1)
8    Sec. 34-13.1. Inspector General.
9    (a) The Inspector General and his office in existence on
10the effective date of this amendatory Act of 1995 shall be
11transferred to the jurisdiction of the board upon appointment
12of the Chicago School Reform Board of Trustees. The Inspector
13General shall have the authority to conduct investigations into
14allegations of or incidents of waste, fraud, and financial
15mismanagement in public education within the jurisdiction of
16the board by a local school council member or an employee,
17contractor, or member of the board or involving school projects
18managed or handled by the Public Building Commission. The
19Inspector General shall make recommendations to the board about
20the investigations. The Inspector General in office on the
21effective date of this amendatory Act of 1996 shall serve for a
22term expiring on June 30, 1998. His or her successors in office
23shall each be appointed by the Mayor, without the consent or
24approval of the City Council, for 4 year terms expiring on June
2530th of an even numbered year; however, beginning on May 9,

 

 

HB5555- 24 -LRB101 18904 NHT 68363 b

12023 and until May 13, 2031, successors shall be appointed by
2the board instead of the Mayor. If the Inspector General leaves
3office or if a vacancy in that office otherwise occurs, the
4Mayor shall appoint, without the consent or approval of the
5City Council, a successor to serve under this Section for the
6remainder of the unexpired term; however, beginning on May 9,
72023 and until May 13, 2031, successors shall be appointed by
8the board instead of the Mayor. The Inspector General shall be
9independent of the operations of the board and the School
10Finance Authority, and shall perform other duties requested by
11the board.
12    (b) The Inspector General shall have access to all
13information and personnel necessary to perform the duties of
14the office. If the Inspector General determines that a possible
15criminal act has been committed or that special expertise is
16required in the investigation, he or she shall immediately
17notify the Chicago Police Department and the Cook County
18State's Attorney. All investigations conducted by the
19Inspector General shall be conducted in a manner that ensures
20the preservation of evidence for use in criminal prosecutions.
21    (c) At all times the Inspector General shall be granted
22access to any building or facility that is owned, operated, or
23leased by the board, the Public Building Commission, or the
24city in trust and for the use and benefit of the schools of the
25district.
26    (d) The Inspector General shall have the power to subpoena

 

 

HB5555- 25 -LRB101 18904 NHT 68363 b

1witnesses and compel the production of books and papers
2pertinent to an investigation authorized by this Code. Any
3person who (1) fails to appear in response to a subpoena; (2)
4fails to answer any question; (3) fails to produce any books or
5papers pertinent to an investigation under this Code; or (4)
6knowingly gives false testimony during an investigation under
7this Code, is guilty of a Class A misdemeanor.
8    (e) The Inspector General shall provide to the board and
9the Illinois General Assembly a summary of reports and
10investigations made under this Section for the previous fiscal
11year no later than January 1 of each year, except that the
12Inspector General shall provide the summary of reports and
13investigations made under this Section for the period
14commencing July 1, 1998 and ending April 30, 1999 no later than
15May 1, 1999. The summaries shall detail the final disposition
16of those recommendations. The summaries shall not contain any
17confidential or identifying information concerning the
18subjects of the reports and investigations. The summaries shall
19also include detailed recommended administrative actions and
20matters for consideration by the General Assembly.
21    (f) (Blank).
22    (g) (Blank).
23(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
 
24    (105 ILCS 5/34-21.9 new)
25    Sec. 34-21.9. Creation of electoral districts;

 

 

HB5555- 26 -LRB101 18904 NHT 68363 b

1reapportionment of districts. For purposes of an election
2conducted under subsection (b-5) of Section 34-3, the City of
3Chicago shall be subdivided into 20 electoral districts after
4the effective date of this amendatory Act of the 101st General
5Assembly by the General Assembly for seats on the Chicago Board
6of Education. The electoral districts must be drawn on or
7before May 31, 2022. Each district must be compact, contiguous,
8and substantially equal in population.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.