SB1692 102ND GENERAL ASSEMBLY

LRB102 15976 AWJ 21346 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1692

Introduced 2/26/2021, by Sen. Scott M. Bennett

SYNOPSIS AS INTRODUCED:

70 ILCS 605/4-5

from Ch. 42, par. 4-5

Amends the Illinois Drainage Code. In provisions concerning election of commissioners in drainage districts organized under the Farm Drainage Act and certain other districts, provides that an adult owner of property in a drainage district is entitled to one vote per acre or part of an acre within each parcel of land owned by the owner and located in the district. Provides that, if a parcel of land is owned by more than one adult owner, only one of the owners representing all of the owners may cast a ballot for that parcel. Provides that the votes represented by the ballot shall equal the number of acres or part of an acre shown on the face of the ballot. Provides that, by casting a ballot, the voter certifies that he or she is the owner of the land or, when the land is owned by multiple owners, the voter casting the ballot certifies that a majority of the owners have granted him or her the authority to cast the ballot on behalf of the all the owners. Changes the time that the polls may be open. Provides that the commissioners acting as the judges of the election shall not be responsible for determining the ownership of any parcel of land and may rely upon the representations of the person presenting himself or herself as the owner of the parcel or the person authorized by a majority of the other owners of the parcel to cast the ballot on behalf of all the owners. Makes conforming and other changes.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Drainage Code is amended by changing Section 4-5 as follows:

(70 ILCS 605/4-5) (from Ch. 42, par. 4-5)

Sec. 4-5. Election of Commissioners in Districts organized under Farm Drainage Act and certain other Districts. Commissioners for all districts which, at the time this Act becomes effective, are operating and existing under the provisions of the Farm Drainage Act, shall be elected by the adult owners of land in the district in the manner provided by this Section unless the landowners have elected to change from the election to the appointment of commissioners in the manner provided in Section 4-6.

An election shall be held in all combined, union, special, user, mutual or other districts which were operating and existing under the Farm Drainage Act at the time this Act became effective and in districts which have changed from the appointment to the election of commissioners as provided in Section 4-8, on the first Tuesday in September 1956 and annually thereafter for the purpose of electing a successor to the commissioner whose term will next expire. Commissioners so elected shall serve for a term of 3 years from the date of their election and until their successors have been elected and have qualified.

In any case where the commissioners have failed to give notice and to hold an election as provided in this Section, the circuit court of the county in which the district is organized may, on the petition of any owner of land in the district, designate the time and place for a special election. Any commissioner elected at such special election shall serve for the remainder of the term expiring 3 years from the date on which the election should have been held and until his or her successor is elected and has qualified.

The commissioners in office shall designate the place within the district at which the election will be held and they shall file such designation in writing with the clerk of the circuit court at least four weeks prior to the date of the election. The clerk shall give at least two weeks notice of the time and place of the election by publication for 2 successive weeks in the manner provided by Section 4-22. Notice by mailing shall not be required.

Voting shall be by secret ballot. The clerk of the circuit court shall cause the ballots to be prepared in the manner set forth in this paragraph. To enable the number of votes cast to be calculated in conformance with the requirements in the following paragraph, there shall be a ballot for each parcel of land listed on the district's then-current assessment roll. The face of each ballot shall identify the parcel, the number of acres or part of an acre within said parcel, and the name or names of the owner or owners of the parcel. Each ballot The ballots shall also show on its their face the name of the district, the date of the election, the term for which a commissioner is to be elected, the names of the declared candidates and a blank line for write-in candidates. A square shall appear before each name and before the blank line. The reverse side of the ballot shall show the official nature of the ballot by the certificate of the clerk.

Adult owners Every adult owner of land in the district shall be entitled to vote in the manner provided for in this paragraph. An adult owner is entitled to one vote per acre or part of an acre within each parcel of land owned by the owner and located in the district. If a parcel of land is owned by more than one adult owner, only one of the owners representing all of the owners may cast a ballot for that parcel. The votes represented by the ballot shall equal the number of acres or part of an acre shown on the face of the ballot. By casting a ballot, the voter certifies that he or she is the owner of the land or, when the land is owned by multiple owners, the voter casting the ballot certifies that a majority of the owners have granted him or her the authority to cast the ballot on behalf of the all the owners. Any qualified person owning land with the district may declare his or her candidacy for the office of commissioner and thereby become entitled to have his or her name placed on the ballot by filing a statement of his or her candidacy in writing with the clerk at least 3 weeks prior to the date of the election.

The commissioners in office at the time of the election shall be the judges of the election. In the event that one or more of the commissioners is absent or refuses to serve as judge then the electors present at the opening of the polls may choose a person or persons to fill the vacancy or vacancies. The polls shall open at 4:00 p.m. 2:00 P.M. and close at 6:00 p.m. 4:00 P.M. unless the judges of election shall determine to hold the polls open a longer period to accommodate the voters. In no event shall the polls remain open later than 7:00 p.m. 6:00 P.M.

The judges of the election shall not be responsible for determining the ownership of any parcel of land and may rely upon the representations of the person presenting himself or herself as the owner of the parcel or the person authorized by a majority of the other owners of the parcel to cast the ballot on behalf of all the owners. If a parcel of land is owned by a public or private corporation, or other entity or entities, the person presenting himself or herself on behalf of the owner or owners certifies that he or she has the authority to cast the ballot on behalf of the owner or owners. The judges of election may take reasonable measures to verify that no more than one person casts a ballot for each parcel of land. Whoever willfully misrepresents his or her eligibility to cast a ballot in an election shall be deemed guilty of a Class A Misdemeanor.

Upon the closing of the polls the judges of election shall promptly canvass the ballots and the ballots together with the poll books, tally lists and the results shall be returned to the clerk of the circuit court within 48 hours after the election. The candidate receiving the largest number of votes shall be declared elected upon the certification of the votes by the election judges. In case of a tie the judges shall determine by lot who is elected. The expense of the election shall be borne by the district.

In the event that a vacancy occurs in the office of commissioner whether by death, ineligibility, removal from office or failure to qualify the commissioners in office shall fill the vacancy by appointment. The commissioner so appointed shall serve until the next annual election. If the unexpired term caused by such vacancy be for more than one year then, at the next annual election, the adult landowners shall elect a commissioner to complete the then unexpired portion of the term in addition to electing a commissioner for a regular term.

Commissioners elected under this Section shall, within 20 days after their election, qualify by subscribing to an oath of office and giving bond, in the manner provided in Section 4-4.

(Source: P.A. 86-297.)