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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||||||||||||||||||||
5 | Sections 2A-1.2 and 2A-48 as follows:
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6 | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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7 | Sec. 2A-1.2. Consolidated schedule of elections; offices | ||||||||||||||||||||||||
8 | elections - offices designated.
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9 | (a) At the general election in the appropriate | ||||||||||||||||||||||||
10 | even-numbered years, the
following offices shall be filled or | ||||||||||||||||||||||||
11 | shall be on the ballot as otherwise
required by this Code:
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12 | (1) Elector of President and Vice President of the | ||||||||||||||||||||||||
13 | United States;
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14 | (2) United States Senator and United States | ||||||||||||||||||||||||
15 | Representative;
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16 | (3) State Executive Branch elected officers;
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17 | (4) State Senator and State Representative;
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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;
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22 | (6) Circuit Court Clerk;
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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 | ||||||
5 | and 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 | ||||||
13 | annual election and permits or requires election
of | ||||||
14 | candidates of 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 | ||||||
19 | pursuant to law nomination of candidates of political
| ||||||
20 | parties is 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
| ||||||
2 | election is to be held, candidates in the Presidential | ||||||
3 | preference primary
shall also be on the ballot.
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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
| ||||||
8 | Municipal Code or pursuant to the municipal charter, the | ||||||
9 | offices of such
municipal officers shall be filled at an | ||||||
10 | election held on the date of the
general primary election, | ||||||
11 | provided that the municipal election shall be a
| ||||||
12 | nonpartisan election where required by the Illinois | ||||||
13 | Municipal Code. For
partisan municipal elections in | ||||||
14 | even-numbered years, a primary to nominate
candidates for | ||||||
15 | municipal office to be elected at the general primary
| ||||||
16 | election shall be held on the Tuesday 6 weeks preceding | ||||||
17 | that election.
| ||||||
18 | (4) in each school district which has adopted the | ||||||
19 | provisions of
Article 33 of the School Code, successors to | ||||||
20 | the members of the board
of education whose terms expire | ||||||
21 | in the year in which the general primary is
held shall be | ||||||
22 | elected.
| ||||||
23 | (c) At the consolidated election in the appropriate | ||||||
24 | odd-numbered years,
the following offices shall be filled:
| ||||||
25 | (1) Municipal officers, provided that in | ||||||
26 | municipalities in which
candidates for alderman or other |
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1 | municipal office are not permitted by law
to be candidates | ||||||
2 | of political parties, the runoff election where required
| ||||||
3 | by law, or the nonpartisan election where required by law, | ||||||
4 | shall be held on
the date of the consolidated election; | ||||||
5 | and provided further, in the case of
municipal officers | ||||||
6 | provided for by an ordinance providing the form of
| ||||||
7 | government of the municipality pursuant to Section 7 of | ||||||
8 | Article VII of the
Constitution, such offices shall be | ||||||
9 | filled by election or by runoff
election as may be | ||||||
10 | provided by such ordinance;
| ||||||
11 | (2) Village and incorporated town library directors;
| ||||||
12 | (3) City boards of stadium commissioners;
| ||||||
13 | (4) Commissioners of park districts;
| ||||||
14 | (5) Trustees of public library districts;
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15 | (6) Special District elected officers, not otherwise | ||||||
16 | designated in this
Section, where the statute creating or | ||||||
17 | authorizing the creation of the district
permits or | ||||||
18 | requires election of candidates of political parties;
| ||||||
19 | (7) Township officers, including township park | ||||||
20 | commissioners, township
library directors, and boards of | ||||||
21 | managers of community buildings, and
Multi-Township | ||||||
22 | Assessors;
| ||||||
23 | (8) Highway commissioners and road district clerks;
| ||||||
24 | (9) Members of school boards in school districts which | ||||||
25 | adopt Article 33
of the School Code;
| ||||||
26 | (10) The directors and chair of the Chain O Lakes - Fox |
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| |||||||
1 | River Waterway
Management Agency;
| ||||||
2 | (11) Forest preserve district commissioners elected | ||||||
3 | under Section 3.5 of
the Downstate Forest Preserve | ||||||
4 | District Act;
| ||||||
5 | (12) Elected members of school boards, school | ||||||
6 | trustees, directors of
boards of school directors, | ||||||
7 | trustees of county boards of school trustees
(except in | ||||||
8 | counties or educational service regions having a | ||||||
9 | population
of 2,000,000 or more inhabitants) and members | ||||||
10 | of boards of school inspectors,
except school boards in | ||||||
11 | school
districts that adopt Article 33 of the School Code;
| ||||||
12 | (13) Members of Community College district boards;
| ||||||
13 | (14) Trustees of Fire Protection Districts;
| ||||||
14 | (15) Commissioners of the Springfield Metropolitan | ||||||
15 | Exposition and
Auditorium
Authority;
| ||||||
16 | (16) Elected Trustees of Tuberculosis Sanitarium | ||||||
17 | Districts;
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18 | (17) Elected Officers of special districts not | ||||||
19 | otherwise designated in
this Section for which the law | ||||||
20 | governing those districts does not permit
candidates of | ||||||
21 | political parties.
| ||||||
22 | (d) At the consolidated primary election in each | ||||||
23 | odd-numbered year,
candidates of political parties shall be | ||||||
24 | nominated for those offices to be
filled at the consolidated | ||||||
25 | election in that year, except where pursuant to
law nomination | ||||||
26 | of candidates of political parties is made by caucus, and
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1 | except those offices listed in paragraphs (12) through (17) of | ||||||
2 | subsection
(c).
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3 | At the consolidated primary election in the appropriate | ||||||
4 | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | ||||||
5 | shall be elected in
municipalities in which
candidates for | ||||||
6 | mayor, clerk, treasurer, or alderman are not permitted by
law | ||||||
7 | to be candidates
of political parties, subject to runoff | ||||||
8 | elections to be held at the
consolidated election as may be | ||||||
9 | required
by law, and municipal officers shall be nominated in | ||||||
10 | a nonpartisan election
in municipalities in which pursuant to | ||||||
11 | law candidates for such office are
not permitted to be | ||||||
12 | candidates of political parties.
| ||||||
13 | At the consolidated primary election in the appropriate | ||||||
14 | odd-numbered years,
municipal officers shall be nominated or | ||||||
15 | elected, or elected subject to
a runoff, as may be provided by | ||||||
16 | an ordinance providing a form of government
of the | ||||||
17 | municipality pursuant to Section 7 of Article VII of the | ||||||
18 | Constitution.
| ||||||
19 | At the consolidated primary elections in 2023 and 2027, | ||||||
20 | members of the Chicago Board of Education shall be elected as | ||||||
21 | provided in subsection (b-5) of Section 34-3 of the School | ||||||
22 | Code, subject to the runoff elections to be held at the | ||||||
23 | consolidated election as may be required by law. | ||||||
24 | (e) (Blank).
| ||||||
25 | (f) At any election established in Section 2A-1.1, public | ||||||
26 | questions may
be submitted to voters pursuant to this Code and |
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1 | any special election
otherwise required or authorized by law | ||||||
2 | or by court order may be conducted
pursuant to this Code.
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3 | Notwithstanding the regular dates for election of officers | ||||||
4 | established
in this Article, whenever a referendum is held for | ||||||
5 | the establishment of
a political subdivision whose officers | ||||||
6 | are to be elected, the initial officers
shall be elected at the | ||||||
7 | election at which such referendum is held if otherwise
so | ||||||
8 | provided by law. In such cases, the election of the initial | ||||||
9 | officers
shall be subject to the referendum.
| ||||||
10 | Notwithstanding the regular dates for election of | ||||||
11 | officials established
in this Article, any community college | ||||||
12 | district which becomes effective by
operation of law pursuant | ||||||
13 | to Section 6-6.1 of the Public Community College
Act, as now or | ||||||
14 | hereafter amended, shall elect the initial district board
| ||||||
15 | members at the next regularly scheduled election following the | ||||||
16 | effective
date of the new district.
| ||||||
17 | (g) At any election established in Section 2A-1.1, if in | ||||||
18 | any precinct
there are no offices or public questions required | ||||||
19 | to be on the ballot under
this Code then no election shall be | ||||||
20 | held in the precinct on that date.
| ||||||
21 | (h) There may be conducted a
referendum in accordance with | ||||||
22 | the provisions of Division 6-4 of the
Counties Code.
| ||||||
23 | (Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
| ||||||
24 | (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
| ||||||
25 | Sec. 2A-48. Board of School Directors and Board of |
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1 | Education - Member - Time of Election. A
member of a Board of | ||||||
2 | School Directors or a member of an elected Board of
Education, | ||||||
3 | as the case may be, shall be elected at each consolidated
| ||||||
4 | election to succeed each incumbent member whose term ends | ||||||
5 | before the
following consolidated election. At the | ||||||
6 | consolidated primary elections in 2023 and 2027, members of | ||||||
7 | the Chicago Board of Education shall be elected as provided in | ||||||
8 | subsection (b-5) of Section 34-3 of the School Code, subject | ||||||
9 | to the runoff elections to be held at the consolidated | ||||||
10 | election as may be required by law.
| ||||||
11 | (Source: P.A. 90-358, eff. 1-1-98.)
| ||||||
12 | Section 10. The School Code is amended by changing | ||||||
13 | Sections 34-3, 34-4, and 34-13.1 and by adding Sections | ||||||
14 | 34-21.9, 34-4.1, and 34-4.2 as follows:
| ||||||
15 | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
| ||||||
16 | Sec. 34-3. Chicago School Reform Board of Trustees; new | ||||||
17 | Chicago Board of
Education; members; term; vacancies.
| ||||||
18 | (a) Within 30 days after the effective date of this | ||||||
19 | amendatory Act of
1995, the terms of all members of the Chicago | ||||||
20 | Board of Education
holding office on that date are abolished | ||||||
21 | and the Mayor shall appoint,
without the consent or approval | ||||||
22 | of the City Council, a 5 member
Chicago School Reform Board of | ||||||
23 | Trustees which shall take office upon the
appointment of the | ||||||
24 | fifth member. The Chicago School
Reform Board of Trustees and |
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1 | its members
shall serve until, and the terms of all members of | ||||||
2 | the Chicago School
Reform Board of Trustees shall expire on, | ||||||
3 | June 30, 1999 or upon the
appointment of a new Chicago Board of | ||||||
4 | Education as provided
in subsection (b), whichever is later. | ||||||
5 | Any vacancy in the membership of
the Trustees shall be filled | ||||||
6 | through appointment by the Mayor,
without the consent or | ||||||
7 | approval of the City Council, for the unexpired term.
One of | ||||||
8 | the members appointed by the Mayor to the Trustees shall
be | ||||||
9 | designated by the Mayor to serve as President of the Trustees. | ||||||
10 | The
Mayor shall appoint a full-time, compensated
chief | ||||||
11 | executive officer, and his or her compensation as such chief | ||||||
12 | executive
officer shall be determined by the Mayor. The Mayor, | ||||||
13 | at his or her discretion,
may appoint the President to serve | ||||||
14 | simultaneously as the chief executive
officer.
| ||||||
15 | (b) Within 30 days before the expiration of the terms of | ||||||
16 | the members of
the Chicago Reform Board of Trustees as | ||||||
17 | provided in subsection (a), a new
Chicago Board of Education | ||||||
18 | consisting of 7 members shall be appointed by the
Mayor to take | ||||||
19 | office on the later of July 1, 1999 or the appointment of the
| ||||||
20 | seventh member. Three of the members initially so appointed | ||||||
21 | under this
subsection shall serve for terms ending June 30, | ||||||
22 | 2002, 4 of the members
initially so appointed under this | ||||||
23 | subsection shall serve for terms ending
June 30, 2003, and | ||||||
24 | each member initially so appointed shall continue to hold
| ||||||
25 | office until his or her successor is appointed and qualified. | ||||||
26 | Thereafter at
the expiration of the term of any member a |
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| |||||||
1 | successor
shall be appointed by the Mayor and shall hold | ||||||
2 | office for a term of 4 years,
from July 1 of the year in which | ||||||
3 | the term commences and until a successor
is appointed and | ||||||
4 | qualified. Any vacancy in the membership of the Chicago Board
| ||||||
5 | of Education shall be filled through appointment by the Mayor | ||||||
6 | for the
unexpired term. No appointment to membership on the
| ||||||
7 | Chicago Board of Education that is made by the Mayor under
this | ||||||
8 | subsection shall require the approval of the City
Council, | ||||||
9 | whether the appointment is made for a full term or to fill a | ||||||
10 | vacancy
for an unexpired term on the Board. Notwithstanding | ||||||
11 | any provision of law to the contrary, the terms of all members | ||||||
12 | of the Chicago Board
of Education serving on May 9, 2023 shall | ||||||
13 | end when the members of the board organized under subsection | ||||||
14 | (b-5) are elected and qualified. This subsection shall be | ||||||
15 | inoperative after May 31, 2023. | ||||||
16 | (b-5) At the consolidated primaries in 2023 and 2027, a | ||||||
17 | Chicago Board of Education consisting of 21 members shall be | ||||||
18 | elected by the electors of the school district as provided in | ||||||
19 | this subsection. | ||||||
20 | Each member shall be elected for a term of 4 years. For | ||||||
21 | purposes of elections conducted under this subsection, the | ||||||
22 | City of Chicago shall be subdivided into 20 electoral | ||||||
23 | districts by the General Assembly for seats on the Chicago | ||||||
24 | Board of Education, as provided under Section 34-21.9. Each | ||||||
25 | district shall be represented by a member, and one member | ||||||
26 | shall be elected at large and serve as the president of the |
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1 | board. | ||||||
2 | The candidate receiving a majority of the votes cast for a | ||||||
3 | seat on the Chicago Board of Education at the consolidated | ||||||
4 | primary election shall be declared elected. If no candidate | ||||||
5 | receives a majority of the votes for a seat on the Chicago | ||||||
6 | Board of Education, a runoff election shall be held at the | ||||||
7 | consolidated election, when only the names of the candidates | ||||||
8 | receiving the highest and second highest number of votes for | ||||||
9 | that seat on the Chicago Board of Education at the | ||||||
10 | consolidated primary election shall appear on the ballot. If | ||||||
11 | more than one candidate received the highest or second highest | ||||||
12 | number of votes for a seat on the Chicago Board of Education at | ||||||
13 | the consolidated primary election, the names of all candidates | ||||||
14 | receiving the highest and second highest number of votes for | ||||||
15 | that seat on the Chicago Board of Education shall appear on the | ||||||
16 | ballot at the consolidated election. The candidate receiving | ||||||
17 | the highest number of votes for that seat on the Chicago Board | ||||||
18 | of Education at the consolidated election shall be declared | ||||||
19 | elected. | ||||||
20 | Within 28 days after the members enter office, the board | ||||||
21 | shall organize by electing its vice president and fixing a | ||||||
22 | time and place for the regular meetings. No less than a | ||||||
23 | majority of the board's regular meetings shall take place | ||||||
24 | after regular business hours in order to maximize community | ||||||
25 | participation. Upon organizing itself as provided in this | ||||||
26 | subsection, the board shall enter upon the discharge of its |
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| |||||||
1 | duties. | ||||||
2 | Whenever a vacancy in the board occurs, the remaining | ||||||
3 | members of the board shall notify the Mayor of that vacancy | ||||||
4 | within 5 days after its occurrence and shall proceed to fill | ||||||
5 | the vacancy for the remainder of the unexpired term. The | ||||||
6 | successor shall have the same residential and other | ||||||
7 | qualifications as his or her predecessor. Should the remaining | ||||||
8 | board members fail to act within 45 days after the vacancy | ||||||
9 | occurs, the Mayor shall, within 30 days after the remaining | ||||||
10 | members have failed to fill the vacancy, fill the vacancy as | ||||||
11 | provided for in this Section. Upon the Mayor's failure to fill | ||||||
12 | the vacancy, the vacancy shall be filled at the next election | ||||||
13 | of a new board. The successor shall have the same residential | ||||||
14 | and other qualifications as his or her predecessor. | ||||||
15 | (b-10) No later than June 30, 2029, the General Assembly | ||||||
16 | must review and revise the election of members of the Chicago | ||||||
17 | Board of Education under subsection (b-5). If the General | ||||||
18 | Assembly has not reauthorized the election of members of the | ||||||
19 | Chicago Board of Education under subsection (b-5) by June 30, | ||||||
20 | 2029, then, on May 13, 2031, the terms of all members elected | ||||||
21 | in 2027 under subsection (b-5) shall end, and a new
Chicago | ||||||
22 | Board of Education consisting of 7 members shall be appointed | ||||||
23 | by the
Mayor. Three of the members initially so appointed | ||||||
24 | under this
subsection shall serve for terms ending June 30, | ||||||
25 | 2033, 4 of the members
initially so appointed under this | ||||||
26 | subsection shall serve for terms ending
June 30, 2035, and |
| |||||||
| |||||||
1 | each member initially so appointed shall continue to hold
| ||||||
2 | office until his or her successor is appointed and qualified. | ||||||
3 | Thereafter, at
the expiration of the term of any member, a | ||||||
4 | successor
shall be appointed by the Mayor and shall hold | ||||||
5 | office for a term of 4 years,
from July 1 of the year in which | ||||||
6 | the term commences and until a successor
is appointed and | ||||||
7 | qualified. Any vacancy in the membership of the Chicago Board
| ||||||
8 | of Education shall be filled through appointment by the Mayor | ||||||
9 | for the
unexpired term. No appointment to membership on the
| ||||||
10 | Chicago Board of Education that is made by the Mayor under
this | ||||||
11 | subsection shall require the approval of the City
Council, | ||||||
12 | regardless of whether the appointment is made for a full term | ||||||
13 | or to fill a vacancy
for an unexpired term on the Board. | ||||||
14 | (b-15) Except as otherwise provided under subsection | ||||||
15 | (b-5), the The board shall elect annually from its
number a | ||||||
16 | president and vice-president, in such
manner and at such
time | ||||||
17 | as the board determines by its rules. The officers so elected | ||||||
18 | shall each
perform the duties imposed upon his or her their | ||||||
19 | respective office by the rules of the
board, provided that (i) | ||||||
20 | the president shall preside at meetings of the board
and vote | ||||||
21 | as any other member but have no power of veto, and (ii) the | ||||||
22 | vice
president shall perform the duties of the president if | ||||||
23 | that office is vacant or
the president is absent or unable to | ||||||
24 | act.
The secretary of the board Board shall be selected by the | ||||||
25 | board Board and shall be an
employee of the board Board rather | ||||||
26 | than a member of the board Board , notwithstanding
subsection |
| |||||||
| |||||||
1 | (d) of Section 34-3.3. The duties of the secretary shall be
| ||||||
2 | imposed by the rules of the board Board .
| ||||||
3 | (b-20) No member shall have, or be an employee or owner of | ||||||
4 | a company that has, a contract with the school district. No | ||||||
5 | former officer, member, or employee of the board shall, within | ||||||
6 | a period of one year immediately after termination of service | ||||||
7 | on the board, knowingly accept employment or receive | ||||||
8 | compensation or fees for services from a person or entity if | ||||||
9 | the officer, member, or employee, during the year immediately | ||||||
10 | preceding termination of service on the board, participated | ||||||
11 | personally and substantially in the award of contracts with | ||||||
12 | the board or the school district, or the issuance of contract | ||||||
13 | change orders with the board or the school district, with a | ||||||
14 | cumulative value of $25,000 or more to the person or entity, or | ||||||
15 | its parent or subsidiary. | ||||||
16 | (c) The board may appoint a student to the board to serve | ||||||
17 | in an advisory capacity. The student member shall serve for a | ||||||
18 | term as determined by the board. The board may not grant the | ||||||
19 | student member any voting privileges, but shall consider the | ||||||
20 | student member as an advisor. The student member may not | ||||||
21 | participate in or attend any executive session of the board.
| ||||||
22 | (Source: P.A. 94-231, eff. 7-14-05.)
| ||||||
23 | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
| ||||||
24 | Sec. 34-4. Eligibility. | ||||||
25 | (a) To be eligible for election or appointment to the |
| |||||||
| |||||||
1 | board, a
person shall be a citizen of the United States, shall | ||||||
2 | be a registered voter
as provided in the Election Code, shall | ||||||
3 | have been a resident of the city and, if applicable, the | ||||||
4 | electoral district for at
least one year 3 years immediately
| ||||||
5 | preceding his or her election or appointment, and shall not be | ||||||
6 | a child sex offender
as defined in Section 11-9.3 of the
| ||||||
7 | Criminal Code of 2012. A person is ineligible for election or | ||||||
8 | appointment to the board if that person is an employee of the | ||||||
9 | school district. For the board elected under subsection (b-5) | ||||||
10 | of Section 34-3, all persons eligible for election to the | ||||||
11 | board shall be nominated by a petition signed by no less than | ||||||
12 | 250 voters residing within the electoral district on a | ||||||
13 | petition in order to be placed on the ballot, except that | ||||||
14 | persons eligible for election to the board at large shall be | ||||||
15 | nominated by a petition signed by no less than 2,500 voters | ||||||
16 | residing within the city. | ||||||
17 | Permanent removal from the city by any member of
the board | ||||||
18 | during his or her term of office constitutes a resignation | ||||||
19 | therefrom and
creates a vacancy in the board. Except for the | ||||||
20 | President of the Chicago
School Reform Board of Trustees who | ||||||
21 | may be paid compensation for his or her
services as chief | ||||||
22 | executive officer as determined by the Mayor as provided in
| ||||||
23 | subsection (a) of Section 34-3, board members shall serve | ||||||
24 | without any
compensation; provided, that board members shall | ||||||
25 | be reimbursed for expenses
incurred while in the performance | ||||||
26 | of their duties upon submission of proper
receipts or upon |
| |||||||
| |||||||
1 | submission of a signed voucher in the case of an expense
| ||||||
2 | allowance evidencing the amount of such reimbursement or | ||||||
3 | allowance to the
president of the board for verification and | ||||||
4 | approval. The board of
education may continue to provide | ||||||
5 | health care insurance coverage, employer
pension | ||||||
6 | contributions, employee pension contributions, and life | ||||||
7 | insurance
premium payments for an employee required to resign | ||||||
8 | from
an administrative, teaching, or career service position | ||||||
9 | in order to qualify
as a member of the board of education. They | ||||||
10 | shall not hold other public
office under the Federal, State or | ||||||
11 | any local government other than that of
Director of the | ||||||
12 | Regional Transportation Authority, member of the economic
| ||||||
13 | development commission of a city having a population exceeding | ||||||
14 | 500,000,
notary public or member of the National Guard, and by | ||||||
15 | accepting any such
office while members of the board, or by not | ||||||
16 | resigning any such office held
at the time of being elected or | ||||||
17 | appointed to the board within 30 days after such election or
| ||||||
18 | appointment, shall be deemed to have vacated their membership | ||||||
19 | in the board.
| ||||||
20 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
21 | (105 ILCS 5/34-4.1 new) | ||||||
22 | Sec. 34-4.1. Nomination petitions. In addition to the | ||||||
23 | requirements of the general election law, the form of | ||||||
24 | petitions under Section 34-4 for the board elected under | ||||||
25 | subsection (b-5) of Section 34-3 shall be substantially as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | NOMINATING PETITIONS | ||||||
3 | (LEAVE OUT THE INAPPLICABLE PART.) | ||||||
4 | To the Board of Election Commissioners for the City of | ||||||
5 | Chicago: | ||||||
6 | We the undersigned, being (.... or more) of the voters | ||||||
7 | residing within said district, hereby petition that .... who | ||||||
8 | resides at .... in the City of Chicago shall be a candidate for | ||||||
9 | the office of .... of the board of education (full term) | ||||||
10 | (vacancy) to be voted for at the election to be held on (insert | ||||||
11 | date). | ||||||
12 | Name: .................. Address: ................... | ||||||
13 | In the designation of the name of a candidate on a petition | ||||||
14 | for nomination, the candidate's given name or names, initial | ||||||
15 | or initials, a nickname by which the candidate is commonly | ||||||
16 | known, or a combination thereof may be used in addition to the | ||||||
17 | candidate's surname. If a candidate has changed his or her | ||||||
18 | name, whether by a statutory or common law procedure in | ||||||
19 | Illinois or any other jurisdiction, within 3 years before the | ||||||
20 | last day for filing the petition, then (i) the candidate's | ||||||
21 | name on the petition must be followed by "formerly known as | ||||||
22 | (list all prior names during the 3-year period) until name | ||||||
23 | changed on (list date of each such name change)" and (ii) the | ||||||
24 | petition must be accompanied by the candidate's affidavit | ||||||
25 | stating the candidate's previous names during the period | ||||||
26 | specified in clause (i) and the date or dates each of those |
| |||||||
| |||||||
1 | names was changed; failure to meet these requirements shall be | ||||||
2 | grounds for denying certification of the candidate's name for | ||||||
3 | the ballot, but these requirements do not apply to name | ||||||
4 | changes resulting from adoption to assume an adoptive parent's | ||||||
5 | or parents' surname, marriage to assume a spouse's surname, or | ||||||
6 | dissolution of marriage or declaration of invalidity of | ||||||
7 | marriage to assume a former surname. No other designation, | ||||||
8 | such as a political slogan, as defined by Section 7-17 of the | ||||||
9 | Election Code, title or degree, or nickname suggesting or | ||||||
10 | implying possession of a title, degree or professional status, | ||||||
11 | or similar information may be used in connection with the | ||||||
12 | candidate's surname. | ||||||
13 | All petitions for the nomination of members of a board of | ||||||
14 | education shall be filed with the board of election | ||||||
15 | commissioners of the jurisdiction in which the principal | ||||||
16 | office of the school district is located within the time | ||||||
17 | provided for by the general election law. The board of | ||||||
18 | election commissioners shall receive and file only those | ||||||
19 | petitions that include a statement of candidacy, the required | ||||||
20 | number of voter signatures, the notarized signature of the | ||||||
21 | petition circulator, and a receipt from the County Clerk | ||||||
22 | showing that the candidate has filed a statement of economic | ||||||
23 | interest on or before the last day to file as required by the | ||||||
24 | Illinois Governmental Ethics Act. The board of election | ||||||
25 | commissioners may have petition forms available for issuance | ||||||
26 | to potential candidates and may give notice of the petition |
| |||||||
| |||||||
1 | filing period by publication in a newspaper of general | ||||||
2 | circulation within the school district not less than 10 days | ||||||
3 | prior to the first day of filing. The board of election | ||||||
4 | commissioners shall make certification to the proper election | ||||||
5 | authorities in accordance with the general election law. | ||||||
6 | The board of election commissioners of the jurisdiction in | ||||||
7 | which the principal office of the school district is located | ||||||
8 | shall notify the candidates for whom a petition for nomination | ||||||
9 | is filed or the appropriate committee of the obligations under | ||||||
10 | the Campaign Financing Act as provided in the general election | ||||||
11 | law. Such notice shall be given on a form prescribed by the | ||||||
12 | State Board of Elections and in accordance with the | ||||||
13 | requirements of the general election law. The board of | ||||||
14 | election commissioners shall within 7 days of filing or on the | ||||||
15 | last day for filing, whichever is earlier, acknowledge to the | ||||||
16 | petitioner in writing the office's acceptance of the petition. | ||||||
17 | A candidate for membership on the board of education who | ||||||
18 | has petitioned for nomination to fill a full term and to fill a | ||||||
19 | vacant term to be voted upon at the same election must withdraw | ||||||
20 | his or her petition for nomination from either the full term or | ||||||
21 | the vacant term by written declaration. | ||||||
22 | Nomination petitions are not valid unless the candidate | ||||||
23 | named therein files with the board of election commissioners a | ||||||
24 | receipt from the county clerk showing that the candidate has | ||||||
25 | filed a statement of economic interests as required by the | ||||||
26 | Illinois Governmental Ethics Act. Such receipt shall be so |
| |||||||
| |||||||
1 | filed either previously during the calendar year in which his | ||||||
2 | or her nomination papers were filed or within the period for | ||||||
3 | the filing of nomination papers in accordance with the general | ||||||
4 | election law. | ||||||
5 | (105 ILCS 5/34-4.2 new) | ||||||
6 | Sec. 34-4.2. Ballots. This Section applies only to the | ||||||
7 | board election under subsection (b-5) under Section 34-3. The | ||||||
8 | board of election commissioners of the jurisdiction in which | ||||||
9 | the principal office of the school district is located shall | ||||||
10 | conduct a lottery to determine the ballot order of candidates | ||||||
11 | for full terms in the event of any simultaneous petition | ||||||
12 | filings. Such candidate lottery shall be conducted as follows: | ||||||
13 | All petitions filed by persons waiting in line as of 8:00 | ||||||
14 | a.m. on the first day for filing, or as of the normal opening | ||||||
15 | hour of the office involved on such day, shall be deemed | ||||||
16 | simultaneously filed as of 8:00 a.m. or the normal opening | ||||||
17 | hour, as the case may be. Petitions filed by mail and received | ||||||
18 | after midnight of the first day for filing and in the first | ||||||
19 | mail delivery or pickup of that day shall be deemed | ||||||
20 | simultaneously filed as of 8:00 a.m. of that day or as of the | ||||||
21 | normal opening hour of such day, as the case may be. All | ||||||
22 | petitions received thereafter shall be deemed filed in the | ||||||
23 | order of actual receipt. However, 2 or more petitions filed | ||||||
24 | within the last hour of the filing deadline shall be deemed | ||||||
25 | filed simultaneously. |
| |||||||
| |||||||
1 | Where 2 or more petitions are received simultaneously for | ||||||
2 | the same office as of 8:00 a.m. on the first day for petition | ||||||
3 | filing or as of the normal opening hour of the office of the | ||||||
4 | board of election commissioners with whom such petitions are | ||||||
5 | filed, the board of election commissioners shall break ties | ||||||
6 | and determine the order of filing by means of a lottery or | ||||||
7 | other fair and impartial method of random selection. Such | ||||||
8 | lottery shall be conducted within 9 days following the last | ||||||
9 | day for petition filing and shall be open to the public. Seven | ||||||
10 | days written notice of the time and place of conducting such | ||||||
11 | random selection shall be given by the board of election | ||||||
12 | commissioners to all candidates who filed their petitions | ||||||
13 | simultaneously and to each organization of citizens within the | ||||||
14 | election jurisdiction that was entitled, under the general | ||||||
15 | election law, at the next preceding election, to have poll | ||||||
16 | watchers present on the day of election. The board of election | ||||||
17 | commissioners shall post in a conspicuous, open, and public | ||||||
18 | place, at the entrance of his or her office, notice of the time | ||||||
19 | and place of such lottery. | ||||||
20 | All candidates shall be certified in the order in which | ||||||
21 | their petitions have been filed and in the manner prescribed | ||||||
22 | by Section 10-15 of the Election Code. Where candidates have | ||||||
23 | filed simultaneously, they shall be certified in the order | ||||||
24 | prescribed by this Section and prior to candidates who filed | ||||||
25 | for the same office at a later time. | ||||||
26 | Where elections are conducted for unexpired terms, a |
| |||||||
| |||||||
1 | second lottery to determine ballot order shall be conducted | ||||||
2 | for candidates who simultaneously file petitions for such | ||||||
3 | unexpired terms. Such lottery shall be conducted in the same | ||||||
4 | manner as prescribed by this Section for full term candidates. | ||||||
5 | Ballots for the election of school officers shall be in | ||||||
6 | the following form: | ||||||
7 | (BALLOT FORMAT | ||||||
8 | Ballot position for candidates shall be determined by the | ||||||
9 | order of petition filing or lottery held pursuant to this | ||||||
10 | Section. | ||||||
11 | The school district is divided into 20 electoral | ||||||
12 | districts, each of which elects one member to the board of | ||||||
13 | education and votes on one member to serve at-large.) | ||||||
14 | OFFICIAL BALLOT | ||||||
15 | DISTRICT ....... (1 through 20) | ||||||
16 | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE | ||||||
17 | A FULL 4-YEAR TERM | ||||||
18 | VOTE FOR ONE | ||||||
19 | ( ) ..................................... | ||||||
20 | ( ) ..................................... | ||||||
21 | ( ) ..................................... | ||||||
22 | OFFICIAL BALLOT | ||||||
23 | AT LARGE | ||||||
24 | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE | ||||||
25 | A FULL 4-YEAR TERM |
| |||||||
| |||||||
1 | VOTE FOR ONE | ||||||
2 | ( ) ..................................... | ||||||
3 | ( ) ..................................... | ||||||
4 | ( ) ..................................... | ||||||
5 | REVERSE SIDE: | ||||||
6 | OFFICIAL BALLOT | ||||||
7 | DISTRICT ....... (1 through 20) | ||||||
8 | (Precinct name or number) | ||||||
9 | School District No. ......, ........... County, Illinois | ||||||
10 | Election Tuesday (insert date) | ||||||
11 | (facsimile signature of Election Authority) | ||||||
12 | (County)
| ||||||
13 | (105 ILCS 5/34-13.1)
| ||||||
14 | Sec. 34-13.1. Inspector General.
| ||||||
15 | (a) The Inspector General and his office in existence on | ||||||
16 | the effective date
of this amendatory Act of 1995 shall be | ||||||
17 | transferred to the jurisdiction of the
board upon appointment | ||||||
18 | of the Chicago School Reform Board of Trustees. The
Inspector | ||||||
19 | General shall have the authority
to conduct investigations | ||||||
20 | into allegations of or incidents of waste, fraud, and
| ||||||
21 | financial mismanagement in public education within the | ||||||
22 | jurisdiction of the
board by a local school council
member or | ||||||
23 | an
employee, contractor, or member of the board or involving
| ||||||
24 | school projects
managed or handled by the Public Building | ||||||
25 | Commission. The Inspector General
shall make recommendations |
| |||||||
| |||||||
1 | to the board about the
investigations.
The Inspector General | ||||||
2 | in office on the effective date of this amendatory Act
of 1996 | ||||||
3 | shall serve for a term expiring on June 30, 1998. His or her
| ||||||
4 | successors in office shall each be appointed by the Mayor, | ||||||
5 | without the consent
or approval of the City Council, for 4 year | ||||||
6 | terms expiring on June 30th of an
even numbered year ; however, | ||||||
7 | beginning on May 9, 2023 and until May 13, 2031, successors | ||||||
8 | shall be appointed by the board instead of the Mayor .
If the | ||||||
9 | Inspector General leaves office or if a vacancy in that office | ||||||
10 | otherwise occurs, the
Mayor shall appoint, without the consent | ||||||
11 | or
approval of the City Council, a successor to serve under | ||||||
12 | this Section for the
remainder of the unexpired term ; however, | ||||||
13 | beginning on May 9, 2023 and until May 13, 2031, successors | ||||||
14 | shall be appointed by the board instead of the Mayor . The
| ||||||
15 | Inspector General shall be independent of the operations of | ||||||
16 | the board and
the School Finance Authority, and shall perform | ||||||
17 | other duties requested by the
board.
| ||||||
18 | (b) The Inspector General shall have access to all
| ||||||
19 | information and personnel necessary to perform the duties of | ||||||
20 | the
office. If the Inspector General determines that a | ||||||
21 | possible
criminal act has been committed or that special | ||||||
22 | expertise is
required in the investigation, he or she shall | ||||||
23 | immediately notify
the Chicago Police Department and the Cook | ||||||
24 | County State's
Attorney. All investigations conducted by the | ||||||
25 | Inspector General
shall be conducted in a manner that ensures | ||||||
26 | the preservation of
evidence for use in criminal prosecutions.
|
| |||||||
| |||||||
1 | (c) At all times the Inspector General shall be granted
| ||||||
2 | access to any building or facility that is owned, operated, or
| ||||||
3 | leased by the board, the Public Building Commission, or the
| ||||||
4 | city in trust
and for the use and benefit of the schools of the | ||||||
5 | district.
| ||||||
6 | (d) The Inspector General shall have the power to subpoena
| ||||||
7 | witnesses and compel the production of books and papers | ||||||
8 | pertinent
to an investigation authorized by this Code. Any | ||||||
9 | person who (1)
fails to appear in response to a subpoena; (2) | ||||||
10 | fails to answer
any question; (3) fails to produce any books or | ||||||
11 | papers pertinent
to an investigation under this Code; or (4) | ||||||
12 | knowingly gives
false testimony during an investigation under | ||||||
13 | this Code, is
guilty of a Class A misdemeanor.
| ||||||
14 | (e) The Inspector General shall provide to the board and
| ||||||
15 | the Illinois General Assembly a summary of reports and
| ||||||
16 | investigations made under this Section for the previous fiscal
| ||||||
17 | year no later than January 1 of each year, except that the | ||||||
18 | Inspector General
shall provide the summary of reports and | ||||||
19 | investigations made under this Section
for the period | ||||||
20 | commencing July 1, 1998 and ending April 30, 1999 no later than
| ||||||
21 | May 1, 1999. The summaries shall detail the final disposition | ||||||
22 | of those
recommendations. The summaries shall not contain any | ||||||
23 | confidential or
identifying information concerning the | ||||||
24 | subjects of the reports and
investigations. The summaries | ||||||
25 | shall also include detailed recommended
administrative actions | ||||||
26 | and matters for consideration by the General Assembly.
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (f) (Blank).
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (g) (Blank).
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (105 ILCS 5/34-21.9 new) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Sec. 34-21.9. Creation of electoral districts; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | reapportionment of districts. For purposes of an election | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | conducted under subsection (b-5) of Section 34-3, the City of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Chicago shall be subdivided into 20 electoral districts after | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | the effective date of this amendatory Act of the 102nd General | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Assembly by the General Assembly for seats on the Chicago | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Board of Education. The electoral districts must be drawn on | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | or before May 31, 2022. Each district must be compact, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | contiguous, and substantially equal in population.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||