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1 | AN ACT concerning local government.
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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 Illinois Drainage Code is amended by | ||||||||||||||||||||||||
5 | changing Section 4-5 as follows:
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6 | (70 ILCS 605/4-5) (from Ch. 42, par. 4-5)
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7 | Sec. 4-5. Election of Commissioners in Districts organized
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8 | under Farm Drainage Act and certain other Districts.
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9 | Commissioners for all districts which, at the time this Act
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10 | becomes effective, are operating and existing under the
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11 | provisions of the Farm Drainage Act, shall be elected by
the | ||||||||||||||||||||||||
12 | adult owners of land in the district in the manner provided
by | ||||||||||||||||||||||||
13 | this Section unless the landowners have elected to change
from | ||||||||||||||||||||||||
14 | the election to the appointment of commissioners in the
manner | ||||||||||||||||||||||||
15 | provided in Section 4-6.
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16 | An election shall be held in all combined, union, special,
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17 | user, mutual or other districts which were operating and
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18 | existing under the Farm Drainage Act at the time this Act
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19 | became effective and in districts which have changed from
the | ||||||||||||||||||||||||
20 | appointment to the election of commissioners as provided
in | ||||||||||||||||||||||||
21 | Section 4-8, on the first Tuesday in September 1956 and
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22 | annually thereafter for the purpose of electing a successor
to | ||||||||||||||||||||||||
23 | the commissioner whose term will next expire. Commissioners
so |
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1 | elected shall serve for a term of 3 years from the date of
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2 | their election and until their successors have been elected
and | ||||||
3 | have qualified.
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4 | In any case where the commissioners have failed to give | ||||||
5 | notice
and to hold an election as provided in this Section, the | ||||||
6 | circuit
court of the county in which the district is organized | ||||||
7 | may, on
the petition of any owner of land in the district, | ||||||
8 | designate the
time and place for a special election. Any | ||||||
9 | commissioner elected
at such special election shall serve for | ||||||
10 | the remainder of the
term expiring 3 years from the date on | ||||||
11 | which the election should
have been held and until his | ||||||
12 | successor is elected and has qualified.
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13 | The commissioners in office shall designate the place | ||||||
14 | within the district
at which the election will be held and they | ||||||
15 | shall file such designation in
writing with the clerk of the | ||||||
16 | circuit court at least four weeks prior to
the date of the | ||||||
17 | election. The clerk shall give at least
two weeks notice of the | ||||||
18 | time and place of the election by publication for
2 successive | ||||||
19 | weeks in the manner provided by Section 4-22.
Notice by mailing | ||||||
20 | shall not be required.
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21 | Voting shall be by secret ballot. The clerk shall cause the
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22 | ballots to be prepared. The ballots shall show on their face
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23 | the name of the district,
the date of the election, the term | ||||||
24 | for which a commissioner is
to be elected, the names of the | ||||||
25 | declared candidates and a
blank line for write-in candidates. A | ||||||
26 | square shall appear
before each name and before the blank line. |
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1 | The reverse side
of the ballot shall show the official nature | ||||||
2 | of the ballot by
the certificate of the clerk.
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3 | The clerk may provide for voting by absentee ballot. The | ||||||
4 | clerk may also provide for an early voting period one week | ||||||
5 | prior to the scheduled election, but as close to the early | ||||||
6 | voting period for State elections as possible. The identity of | ||||||
7 | each early voter must be verified by the presentation of that | ||||||
8 | voter's driver's license or other government issued | ||||||
9 | identification card. All properly submitted absentee ballots | ||||||
10 | and early voting ballots must be included in the final vote | ||||||
11 | count.
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12 | Every adult owner of land in the district shall be entitled
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13 | to vote. Any qualified person may declare his candidacy for
the | ||||||
14 | office of commissioner and thereby become entitled to have
his | ||||||
15 | name placed on the ballot by filing a statement of his
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16 | candidacy in writing with the clerk at least 3 weeks prior
to | ||||||
17 | the date of the election.
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18 | The commissioners in office at the time of the election , | ||||||
19 | other than commissioners who are running for reelection, shall | ||||||
20 | be the
judges of the election. In the event that one or more of | ||||||
21 | the
commissioners is absent or refuses to serve as judge then | ||||||
22 | the electors
present at the opening of the polls may choose a | ||||||
23 | person or persons to
fill the vacancy or vacancies. | ||||||
24 | Commissioners who are not running for reelection shall select a | ||||||
25 | person to serve as an election judge in place of a commissioner | ||||||
26 | who is running for reelection. An immediate family member of a |
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1 | commissioner who is currently running for reelection may not | ||||||
2 | serve as an election judge in that election. Property owned or | ||||||
3 | controlled by a commissioner who is running for reelection may | ||||||
4 | not serve as a polling place. The polls shall open at 2:00 P.M. | ||||||
5 | and
close at 4:00 P.M. unless the judges of election shall | ||||||
6 | determine to hold
the polls open a longer period to accommodate | ||||||
7 | the voters. In no event
shall the polls remain open later than | ||||||
8 | 6:00 P.M.
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9 | Upon the closing of the polls the judges of election shall | ||||||
10 | promptly
canvass the ballots and the ballots together with the | ||||||
11 | poll books, tally
lists and the results shall be returned to | ||||||
12 | the clerk within 48 hours
after the election. The candidate | ||||||
13 | receiving the largest number of votes
shall be declared | ||||||
14 | elected. In case of a tie the judges shall determine
by lot who | ||||||
15 | is elected. The expense of the election shall be borne by the
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16 | district.
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17 | In the event that a vacancy occurs in the office of | ||||||
18 | commissioner
whether by death, ineligibility, removal from | ||||||
19 | office or failure to
qualify the commissioners in office shall | ||||||
20 | fill the vacancy by
appointment. The commissioner so appointed | ||||||
21 | shall serve until the next
annual election. If the unexpired | ||||||
22 | term caused by such vacancy be for
more than one year then, at | ||||||
23 | the next annual election, the adult
landowners shall elect a | ||||||
24 | commissioner to complete the then unexpired
portion of the term | ||||||
25 | in addition to electing a commissioner for a regular term.
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26 | Commissioners elected under this Section shall, within 20 |
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1 | days after
their election, qualify by subscribing to an oath of | ||||||
2 | office and giving
bond, in the manner provided in Section 4-4.
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3 | (Source: P.A. 86-297.)
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4 | Section 99. Effective date. This Act takes effect July 1, | ||||||
5 | 2007.
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