State Government Administration Committee

Filed: 3/21/2007

 

 


 

 


 
09500HB3602ham001 LRB095 07624 MJR 34112 a

1
AMENDMENT TO HOUSE BILL 3602

2     AMENDMENT NO. ______. Amend House Bill 3602 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Election Code is amended by changing
5 Sections 2A-1.2, 7-12, 10-9, 22-1, and 22-7 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
8 designated.
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:
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;

 

 

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1         (4) State Senator and State Representative;
2         (5) County elected officers, including State's
3     Attorney, County Board member, County Commissioners, and
4     elected President of the County Board or County Chief
5     Executive;
6         (6) Circuit Court Clerk;
7         (7) Regional Superintendent of Schools, except in
8     counties or educational service regions in which that
9     office has been abolished;
10         (8) Judges of the Supreme, Appellate and Circuit
11     Courts, on the question of retention, to fill vacancies and
12     newly created judicial offices;
13         (9) Members of the Illinois Commerce Commission
14     (Blank);
15         (10) Trustee of the Metropolitan Sanitary District of
16     Chicago, and elected Trustee of other Sanitary Districts;
17         (11) Special District elected officers, not otherwise
18     designated in this Section, where the statute creating or
19     authorizing the creation of the district requires an annual
20     election and permits or requires election of candidates of
21     political parties.
22     (b) At the general primary election:
23         (1) in each even-numbered year candidates of political
24     parties shall be nominated for those offices to be filled
25     at the general election in that year, except where pursuant
26     to law nomination of candidates of political parties is

 

 

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1     made by caucus.
2         (2) in the appropriate even-numbered years the
3     political party offices of State central committeeman,
4     township committeeman, ward committeeman, and precinct
5     committeeman shall be filled and delegates and alternate
6     delegates to the National nominating conventions shall be
7     elected as may be required pursuant to this Code. In the
8     even-numbered years in which a Presidential election is to
9     be held, candidates in the Presidential preference primary
10     shall also be on the ballot.
11         (3) in each even-numbered year, where the municipality
12     has provided for annual elections to elect municipal
13     officers pursuant to Section 6(f) or Section 7 of Article
14     VII of the Constitution, pursuant to the Illinois Municipal
15     Code or pursuant to the municipal charter, the offices of
16     such municipal officers shall be filled at an election held
17     on the date of the general primary election, provided that
18     the municipal election shall be a nonpartisan election
19     where required by the Illinois Municipal Code. For partisan
20     municipal elections in even-numbered years, a primary to
21     nominate candidates for municipal office to be elected at
22     the general primary election shall be held on the Tuesday 6
23     weeks preceding that election.
24         (4) in each school district which has adopted the
25     provisions of Article 33 of the School Code, successors to
26     the members of the board of education whose terms expire in

 

 

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1     the year in which the general primary is held shall be
2     elected.
3     (c) At the consolidated election in the appropriate
4 odd-numbered years, the following offices shall be filled:
5         (1) Municipal officers, provided that in
6     municipalities in which candidates for alderman or other
7     municipal office are not permitted by law to be candidates
8     of political parties, the runoff election where required by
9     law, or the nonpartisan election where required by law,
10     shall be held on the date of the consolidated election; and
11     provided further, in the case of municipal officers
12     provided for by an ordinance providing the form of
13     government of the municipality pursuant to Section 7 of
14     Article VII of the Constitution, such offices shall be
15     filled by election or by runoff election as may be provided
16     by such ordinance;
17         (2) Village and incorporated town library directors;
18         (3) City boards of stadium commissioners;
19         (4) Commissioners of park districts;
20         (5) Trustees of public library districts;
21         (6) Special District elected officers, not otherwise
22     designated in this section, where the statute creating or
23     authorizing the creation of the district permits or
24     requires election of candidates of political parties;
25         (7) Township officers, including township park
26     commissioners, township library directors, and boards of

 

 

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1     managers of community buildings, and Multi-Township
2     Assessors;
3         (8) Highway commissioners and road district clerks;
4         (9) Members of school boards in school districts which
5     adopt Article 33 of the School Code;
6         (10) The directors and chairman of the Chain O Lakes -
7     Fox River Waterway Management Agency;
8         (11) Forest preserve district commissioners elected
9     under Section 3.5 of the Downstate Forest Preserve District
10     Act;
11         (12) Elected members of school boards, school
12     trustees, directors of boards of school directors,
13     trustees of county boards of school trustees (except in
14     counties or educational service regions having a
15     population of 2,000,000 or more inhabitants) and members of
16     boards of school inspectors, except school boards in school
17     districts that adopt Article 33 of the School Code;
18         (13) Members of Community College district boards;
19         (14) Trustees of Fire Protection Districts;
20         (15) Commissioners of the Springfield Metropolitan
21     Exposition and Auditorium Authority;
22         (16) Elected Trustees of Tuberculosis Sanitarium
23     Districts;
24         (17) Elected Officers of special districts not
25     otherwise designated in this Section for which the law
26     governing those districts does not permit candidates of

 

 

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1     political parties.
2     (d) At the consolidated primary election in each
3 odd-numbered year, candidates of political parties shall be
4 nominated for those offices to be filled at the consolidated
5 election in that year, except where pursuant to law nomination
6 of candidates of political parties is made by caucus, and
7 except those offices listed in paragraphs (12) through (17) of
8 subsection (c).
9     At the consolidated primary election in the appropriate
10 odd-numbered years, the mayor, clerk, treasurer, and aldermen
11 shall be elected in municipalities in which candidates for
12 mayor, clerk, treasurer, or alderman are not permitted by law
13 to be candidates of political parties, subject to runoff
14 elections to be held at the consolidated election as may be
15 required by law, and municipal officers shall be nominated in a
16 nonpartisan election in municipalities in which pursuant to law
17 candidates for such office are not permitted to be candidates
18 of political parties.
19     At the consolidated primary election in the appropriate
20 odd-numbered years, municipal officers shall be nominated or
21 elected, or elected subject to a runoff, as may be provided by
22 an ordinance providing a form of government of the municipality
23 pursuant to Section 7 of Article VII of the Constitution.
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 or
2 by court order may be conducted pursuant to this Code.
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 are
6 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. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
24 eff. 8-9-96; 90-358, eff. 1-1-98.)
 
25     (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)

 

 

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1     Sec. 7-12. Filing of petitions for nomination. All
2 petitions for nomination shall be filed by mail or in person as
3 follows:
4     (1) Where the nomination is to be made for a State,
5 congressional, Illinois Commerce Commission, or judicial
6 office, or for any office a nomination for which is made for a
7 territorial division or district which comprises more than one
8 county or is partly in one county and partly in another county
9 or counties, then, except as otherwise provided in this
10 Section, such petition for nomination shall be filed in the
11 principal office of the State Board of Elections not more than
12 99 and not less than 92 days prior to the date of the primary,
13 but, in the case of petitions for nomination to fill a vacancy
14 by special election in the office of representative in Congress
15 from this State, such petition for nomination shall be filed in
16 the principal office of the State Board of Elections not more
17 than 57 days and not less than 50 days prior to the date of the
18 primary.
19     Where a vacancy occurs in the office of Supreme, Appellate
20 or Circuit Court Judge within the 3-week period preceding the
21 92nd day before a general primary election, petitions for
22 nomination for the office in which the vacancy has occurred
23 shall be filed in the principal office of the State Board of
24 Elections not more than 78 nor less than 71 days prior to the
25 date of the general primary election.
26     Where the nomination is to be made for delegates or

 

 

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1 alternate delegates to a national nominating convention, then
2 such petition for nomination shall be filed in the principal
3 office of the State Board of Elections not more than 99 and not
4 less than 92 days prior to the date of the primary; provided,
5 however, that if the rules or policies of a national political
6 party conflict with such requirements for filing petitions for
7 nomination for delegates or alternate delegates to a national
8 nominating convention, the chairman of the State central
9 committee of such national political party shall notify the
10 Board in writing, citing by reference the rules or policies of
11 the national political party in conflict, and in such case the
12 Board shall direct such petitions to be filed not more than 69
13 and not less than 62 days prior to the date of the primary.
14     (2) Where the nomination is to be made for a county office
15 or trustee of a sanitary district then such petition shall be
16 filed in the office of the county clerk not more than 99 nor
17 less than 92 days prior to the date of the primary.
18     (3) Where the nomination is to be made for a municipal or
19 township office, such petitions for nomination shall be filed
20 in the office of the local election official, not more than 78
21 nor less than 71 days prior to the date of the primary;
22 provided, where a municipality's or township's boundaries are
23 coextensive with or are entirely within the jurisdiction of a
24 municipal board of election commissioners, the petitions shall
25 be filed in the office of such board; and provided, that
26 petitions for the office of multi-township assessor shall be

 

 

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1 filed with the election authority.
2     (4) The petitions of candidates for State central
3 committeeman shall be filed in the principal office of the
4 State Board of Elections not more than 99 nor less than 92 days
5 prior to the date of the primary.
6     (5) Petitions of candidates for precinct, township or ward
7 committeemen shall be filed in the office of the county clerk
8 not more than 99 nor less than 92 days prior to the date of the
9 primary.
10     (6) The State Board of Elections and the various election
11 authorities and local election officials with whom such
12 petitions for nominations are filed shall specify the place
13 where filings shall be made and upon receipt shall endorse
14 thereon the day and hour on which each petition was filed. All
15 petitions filed by persons waiting in line as of 8:00 a.m. on
16 the first day for filing, or as of the normal opening hour of
17 the office involved on such day, shall be deemed filed as of
18 8:00 a.m. or the normal opening hour, as the case may be.
19 Petitions filed by mail and received after midnight of the
20 first day for filing and in the first mail delivery or pickup
21 of that day shall be deemed as filed as of 8:00 a.m. of that day
22 or as of the normal opening hour of such day, as the case may
23 be. All petitions received thereafter shall be deemed as filed
24 in the order of actual receipt. Where 2 or more petitions are
25 received simultaneously, the State Board of Elections or the
26 various election authorities or local election officials with

 

 

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1 whom such petitions are filed shall break ties and determine
2 the order of filing, by means of a lottery or other fair and
3 impartial method of random selection approved by the State
4 Board of Elections. Such lottery shall be conducted within 9
5 days following the last day for petition filing and shall be
6 open to the public. Seven days written notice of the time and
7 place of conducting such random selection shall be given by the
8 State Board of Elections to the chairman of the State central
9 committee of each established political party, and by each
10 election authority or local election official, to the County
11 Chairman of each established political party, and to each
12 organization of citizens within the election jurisdiction
13 which was entitled, under this Article, at the next preceding
14 election, to have pollwatchers present on the day of election.
15 The State Board of Elections, election authority or local
16 election official shall post in a conspicuous, open and public
17 place, at the entrance of the office, notice of the time and
18 place of such lottery. The State Board of Elections shall adopt
19 rules and regulations governing the procedures for the conduct
20 of such lottery. All candidates shall be certified in the order
21 in which their petitions have been filed. Where candidates have
22 filed simultaneously, they shall be certified in the order
23 determined by lot and prior to candidates who filed for the
24 same office at a later time.
25     (7) The State Board of Elections or the appropriate
26 election authority or local election official with whom such a

 

 

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1 petition for nomination is filed shall notify the person for
2 whom a petition for nomination has been filed of the obligation
3 to file statements of organization, reports of campaign
4 contributions, and annual reports of campaign contributions
5 and expenditures under Article 9 of this Act. Such notice shall
6 be given in the manner prescribed by paragraph (7) of Section
7 9-16 of this Code.
8     (8) Nomination papers filed under this Section are not
9 valid if the candidate named therein fails to file a statement
10 of economic interests as required by the Illinois Governmental
11 Ethics Act in relation to his candidacy with the appropriate
12 officer by the end of the period for the filing of nomination
13 papers unless he has filed a statement of economic interests in
14 relation to the same governmental unit with that officer within
15 a year preceding the date on which such nomination papers were
16 filed. If the nomination papers of any candidate and the
17 statement of economic interest of that candidate are not
18 required to be filed with the same officer, the candidate must
19 file with the officer with whom the nomination papers are filed
20 a receipt from the officer with whom the statement of economic
21 interests is filed showing the date on which such statement was
22 filed. Such receipt shall be so filed not later than the last
23 day on which nomination papers may be filed.
24     (9) Any person for whom a petition for nomination, or for
25 committeeman or for delegate or alternate delegate to a
26 national nominating convention has been filed may cause his

 

 

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1 name to be withdrawn by request in writing, signed by him and
2 duly acknowledged before an officer qualified to take
3 acknowledgments of deeds, and filed in the principal or
4 permanent branch office of the State Board of Elections or with
5 the appropriate election authority or local election official,
6 not later than the date of certification of candidates for the
7 consolidated primary or general primary ballot. No names so
8 withdrawn shall be certified or printed on the primary ballot.
9 If petitions for nomination have been filed for the same person
10 with respect to more than one political party, his name shall
11 not be certified nor printed on the primary ballot of any
12 party. If petitions for nomination have been filed for the same
13 person for 2 or more offices which are incompatible so that the
14 same person could not serve in more than one of such offices if
15 elected, that person must withdraw as a candidate for all but
16 one of such offices within the 5 business days following the
17 last day for petition filing. If he fails to withdraw as a
18 candidate for all but one of such offices within such time his
19 name shall not be certified, nor printed on the primary ballot,
20 for any office. For the purpose of the foregoing provisions, an
21 office in a political party is not incompatible with any other
22 office.
23     (10) (a) Notwithstanding the provisions of any other
24     statute, no primary shall be held for an established
25     political party in any township, municipality, or ward
26     thereof, where the nomination of such party for every

 

 

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1     office to be voted upon by the electors of such township,
2     municipality, or ward thereof, is uncontested. Whenever a
3     political party's nomination of candidates is uncontested
4     as to one or more, but not all, of the offices to be voted
5     upon by the electors of a township, municipality, or ward
6     thereof, then a primary shall be held for that party in
7     such township, municipality, or ward thereof; provided
8     that the primary ballot shall not include those offices
9     within such township, municipality, or ward thereof, for
10     which the nomination is uncontested. For purposes of this
11     Article, the nomination of an established political party
12     of a candidate for election to an office shall be deemed to
13     be uncontested where not more than the number of persons to
14     be nominated have timely filed valid nomination papers
15     seeking the nomination of such party for election to such
16     office.
17         (b) Notwithstanding the provisions of any other
18     statute, no primary election shall be held for an
19     established political party for any special primary
20     election called for the purpose of filling a vacancy in the
21     office of representative in the United States Congress
22     where the nomination of such political party for said
23     office is uncontested. For the purposes of this Article,
24     the nomination of an established political party of a
25     candidate for election to said office shall be deemed to be
26     uncontested where not more than the number of persons to be

 

 

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1     nominated have timely filed valid nomination papers
2     seeking the nomination of such established party for
3     election to said office. This subsection (b) shall not
4     apply if such primary election is conducted on a regularly
5     scheduled election day.
6         (c) Notwithstanding the provisions in subparagraph (a)
7     and (b) of this paragraph (10), whenever a person who has
8     not timely filed valid nomination papers and who intends to
9     become a write-in candidate for a political party's
10     nomination for any office for which the nomination is
11     uncontested files a written statement or notice of that
12     intent with the State Board of Elections or the local
13     election official with whom nomination papers for such
14     office are filed, a primary ballot shall be prepared and a
15     primary shall be held for that office. Such statement or
16     notice shall be filed on or before the date established in
17     this Article for certifying candidates for the primary
18     ballot. Such statement or notice shall contain (i) the name
19     and address of the person intending to become a write-in
20     candidate, (ii) a statement that the person is a qualified
21     primary elector of the political party from whom the
22     nomination is sought, (iii) a statement that the person
23     intends to become a write-in candidate for the party's
24     nomination, and (iv) the office the person is seeking as a
25     write-in candidate. An election authority shall have no
26     duty to conduct a primary and prepare a primary ballot for

 

 

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1     any office for which the nomination is uncontested unless a
2     statement or notice meeting the requirements of this
3     Section is filed in a timely manner.
4     (11) If multiple sets of nomination papers are filed for a
5 candidate to the same office, the State Board of Elections,
6 appropriate election authority or local election official
7 where the petitions are filed shall within 2 business days
8 notify the candidate of his or her multiple petition filings
9 and that the candidate has 3 business days after receipt of the
10 notice to notify the State Board of Elections, appropriate
11 election authority or local election official that he or she
12 may cancel prior sets of petitions. If the candidate notifies
13 the State Board of Elections, appropriate election authority or
14 local election official, the last set of petitions filed shall
15 be the only petitions to be considered valid by the State Board
16 of Elections, election authority or local election official. If
17 the candidate fails to notify the State Board of Elections,
18 election authority or local election official then only the
19 first set of petitions filed shall be valid and all subsequent
20 petitions shall be void.
21     (12) All nominating petitions shall be available for public
22 inspection and shall be preserved for a period of not less than
23 6 months.
24 (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089;
25 87-1052.)
 

 

 

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1     (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
2     Sec. 10-9. The following electoral boards are designated
3 for the purpose of hearing and passing upon the objector's
4 petition described in Section 10-8.
5     1. The State Board of Elections will hear and pass upon
6 objections to the nominations of candidates for State offices,
7 nominations of candidates for congressional, legislative and
8 judicial offices of districts, subcircuits, or circuits
9 situated in more than one county, nominations of candidates for
10 members of the Illinois Commerce Commission, nominations of
11 candidates for the offices of State's attorney or regional
12 superintendent of schools to be elected from more than one
13 county, and petitions for proposed amendments to the
14 Constitution of the State of Illinois as provided for in
15 Section 3 of Article XIV of the Constitution.
16     2. The county officers electoral board to hear and pass
17 upon objections to the nominations of candidates for county
18 offices, for congressional, legislative and judicial offices
19 of a district, subcircuit, or circuit coterminous with or less
20 than a county, for school trustees to be voted for by the
21 electors of the county or by the electors of a township of the
22 county, for the office of multi-township assessor where
23 candidates for such office are nominated in accordance with
24 this Code, and for all special district offices, shall be
25 composed of the county clerk, or an assistant designated by the
26 county clerk, the State's attorney of the county or an

 

 

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1 Assistant State's Attorney designated by the State's Attorney,
2 and the clerk of the circuit court, or an assistant designated
3 by the clerk of the circuit court, of the county, of whom the
4 county clerk or his designee shall be the chairman, except that
5 in any county which has established a county board of election
6 commissioners that board shall constitute the county officers
7 electoral board ex-officio.
8     3. The municipal officers electoral board to hear and pass
9 upon objections to the nominations of candidates for officers
10 of municipalities shall be composed of the mayor or president
11 of the board of trustees of the city, village or incorporated
12 town, and the city, village or incorporated town clerk, and one
13 member of the city council or board of trustees, that member
14 being designated who is eligible to serve on the electoral
15 board and has served the greatest number of years as a member
16 of the city council or board of trustees, of whom the mayor or
17 president of the board of trustees shall be the chairman.
18     4. The township officers electoral board to pass upon
19 objections to the nominations of township officers shall be
20 composed of the township supervisor, the town clerk, and that
21 eligible town trustee elected in the township who has had the
22 longest term of continuous service as town trustee, of whom the
23 township supervisor shall be the chairman.
24     5. The education officers electoral board to hear and pass
25 upon objections to the nominations of candidates for offices in
26 school or community college districts shall be composed of the

 

 

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1 presiding officer of the school or community college district
2 board, who shall be the chairman, the secretary of the school
3 or community college district board and the eligible elected
4 school or community college board member who has the longest
5 term of continuous service as a board member.
6     6. In all cases, however, where the Congressional or
7 Legislative district is wholly within the jurisdiction of a
8 board of election commissioners and in all cases where the
9 school district or special district is wholly within the
10 jurisdiction of a municipal board of election commissioners and
11 in all cases where the municipality or township is wholly or
12 partially within the jurisdiction of a municipal board of
13 election commissioners, the board of election commissioners
14 shall ex-officio constitute the electoral board.
15     For special districts situated in more than one county, the
16 county officers electoral board of the county in which the
17 principal office of the district is located has jurisdiction to
18 hear and pass upon objections. For purposes of this Section,
19 "special districts" means all political subdivisions other
20 than counties, municipalities, townships and school and
21 community college districts.
22     In the event that any member of the appropriate board is a
23 candidate for the office with relation to which the objector's
24 petition is filed, he shall not be eligible to serve on that
25 board and shall not act as a member of the board and his place
26 shall be filled as follows:

 

 

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1         a. In the county officers electoral board by the county
2     treasurer, and if he or she is ineligible to serve, by the
3     sheriff of the county.
4         b. In the municipal officers electoral board by the
5     eligible elected city council or board of trustees member
6     who has served the second greatest number of years as a
7     city council or board of trustees member.
8         c. In the township officers electoral board by the
9     eligible elected town trustee who has had the second
10     longest term of continuous service as a town trustee.
11         d. In the education officers electoral board by the
12     eligible elected school or community college district
13     board member who has had the second longest term of
14     continuous service as a board member.
15     In the event that the chairman of the electoral board is
16 ineligible to act because of the fact that he is a candidate
17 for the office with relation to which the objector's petition
18 is filed, then the substitute chosen under the provisions of
19 this Section shall be the chairman; In this case, the officer
20 or board with whom the objector's petition is filed, shall
21 transmit the certificate of nomination or nomination papers as
22 the case may be, and the objector's petition to the substitute
23 chairman of the electoral board.
24     When 2 or more eligible individuals, by reason of their
25 terms of service on a city council or board of trustees,
26 township board of trustees, or school or community college

 

 

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1 district board, qualify to serve on an electoral board, the one
2 to serve shall be chosen by lot.
3     Any vacancies on an electoral board not otherwise filled
4 pursuant to this Section shall be filled by public members
5 appointed by the Chief Judge of the Circuit Court for the
6 county wherein the electoral board hearing is being held upon
7 notification to the Chief Judge of such vacancies. The Chief
8 Judge shall be so notified by a member of the electoral board
9 or the officer or board with whom the objector's petition was
10 filed. In the event that none of the individuals designated by
11 this Section to serve on the electoral board are eligible, the
12 chairman of an electoral board shall be designated by the Chief
13 Judge.
14 (Source: P.A. 94-645, eff. 8-22-05.)
 
15     (10 ILCS 5/22-1)   (from Ch. 46, par. 22-1)
16     Sec. 22-1. Abstracts of votes. Within 21 days after the
17 close of the election at which candidates for offices
18 hereinafter named in this Section are voted upon, the election
19 authorities of the respective counties shall open the returns
20 and make abstracts of the votes on a separate sheet for each of
21 the following:
22     A. For Governor and Lieutenant Governor;
23     B. For State officers;
24     C. For presidential electors;
25     D. For United States Senators and Representatives to

 

 

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1 Congress;
2     E. For judges of the Supreme Court;
3     F. For judges of the Appellate Court;
4     G. For judges of the circuit court;
5     H. For Senators and Representatives to the General
6 Assembly;
7     I. For State's Attorneys elected from 2 or more counties;
8     J. For amendments to the Constitution, and for other
9 propositions submitted to the electors of the entire State;
10     K. For county officers and for propositions submitted to
11 the electors of the county only;
12     L. For Regional Superintendent of Schools;
13     M. For trustees of Sanitary Districts; and
14     N. For Trustee of a Regional Board of School Trustees; and .
15     O. For members of the Illinois Commerce Commission.
16     Each sheet shall report the returns by precinct or ward.
17     Multiple originals of each of the sheets shall be prepared
18 and one of each shall be turned over to the chairman of the
19 county central committee of each of the then existing
20 established political parties, as defined in Section 10-2, or
21 his duly authorized representative immediately after the
22 completion of the entries on the sheets and before the totals
23 have been compiled.
24     The foregoing abstracts shall be preserved by the election
25 authority in its office.
26     Whenever any county clerk is unable to canvass the vote,

 

 

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1 the deputy county clerk or a designee of the county clerk shall
2 serve in his or her place.
3     The powers and duties of the election authority canvassing
4 the votes are limited to those specified in this Section.
5     No person who is shown by the election authority's
6 canvassing board's proclamation to have been elected at the
7 consolidated election or general election as a write-in
8 candidate shall take office unless that person has first filed
9 with the certifying office or board a statement of candidacy
10 pursuant to Section 7-10 or Section 10-5, a statement pursuant
11 to Section 7-10.1, and a receipt for filing a statement of
12 economic interests in relation to the unit of government to
13 which he or she has been elected. For officers elected at the
14 consolidated election, the certifying officer shall notify the
15 election authority of the receipt of those documents, and the
16 county clerk shall issue the certification of election under
17 the provisions of Section 22-18.
18 (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05;
19 94-647, eff. 1-1-06; revised 10-4-05.)
 
20     (10 ILCS 5/22-7)   (from Ch. 46, par. 22-7)
21     Sec. 22-7. Canvass of votes; declaration and proclamation
22 of result. The State Board of Elections, shall proceed within
23 31 days after the election, and sooner if all the returns are
24 received, to canvass the votes given for United States Senators
25 and Representatives to Congress, State executive officers,

 

 

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1 members of the Illinois Commerce Commission, judges of the
2 Supreme Court, judges of the Appellate Court, judges of the
3 Circuit Court, Senators, Representatives to the General
4 Assembly, State's Attorneys and Regional Superintendents of
5 Schools elected from 2 or more counties, respectively, and the
6 persons having the highest number of votes for the respective
7 offices shall be declared duly elected, but if it appears that
8 more than the number of persons to be elected have the highest
9 and an equal number of votes for the same office, the electoral
10 board shall decide by lot which of such persons shall be
11 elected; and to each person duly elected, the Governor shall
12 give a certificate of election or commission, as the case may
13 require, and shall cause proclamation to be made of the result
14 of the canvass, and they shall at the same time and in the same
15 manner, canvass the vote cast upon amendments to the
16 Constitution, and upon other propositions submitted to the
17 electors of the entire State; and the Governor shall cause to
18 be made such proclamation of the result of the canvass as the
19 statutes elsewhere provide. The State Board of Elections shall
20 transmit to the State Comptroller a list of the persons elected
21 to the various offices. The State Board of Elections shall also
22 transmit to the Supreme Court the names of persons elected to
23 judgeships in adversary elections and the names of judges who
24 fail to win retention in office.
25     No person who is shown by the canvassing board's
26 proclamation to have been elected at the consolidated election

 

 

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1 or general election as a write-in candidate shall take office
2 unless that person has first filed with the certifying office
3 or board a statement of candidacy pursuant to Section 7-10 or
4 Section 10-5, a statement pursuant to Section 7-10.1, and a
5 receipt for filing a statement of economic interests in
6 relation to the unit of government to which he or she has been
7 elected. For officers elected at the consolidated election, the
8 certifying officer shall notify the election authority of the
9 receipt of those documents, and the county clerk shall issue
10 the certification of election under the provisions of Section
11 22-18.
12 (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
 
13     Section 10. The Public Utilities Act is amended by changing
14 Sections 2-101 and 2-102 and adding Section 2-101.5 as follows:
 
15     (220 ILCS 5/2-101)  (from Ch. 111 2/3, par. 2-101)
16     Sec. 2-101. Commerce Commission created. There is created
17 an Illinois Commerce Commission consisting of 5 members elected
18 as provided in Section 2-101.5 not more than 3 of whom shall be
19 members of the same political party at the time of appointment.
20 The Governor shall fill a vacancy by appointment appoint the
21 members of such Commission by and with the advice and consent
22 of the Senate. In case of a vacancy in such office during the
23 recess of the Senate the Governor shall make a temporary
24 appointment until the next meeting of the Senate, when he shall

 

 

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1 nominate some person to fill such office; and any person so
2 nominated who is confirmed by the Senate, shall hold his office
3 during the remainder of the term and until his successor shall
4 be elected appointed and qualified. If 28 or fewer months
5 remain on the vacating member's term, the person appointed to
6 fill the vacancy shall serve for the remainder of the term. If
7 more than 28 months remain on the vacating member's term, the
8 person appointed to fill the vacancy shall serve until the
9 second Monday in January after the next general election; at
10 that next general election a person shall be elected to fill
11 the remainder of the vacating member's term. Each member of the
12 Commission shall hold office for a term of 5 years from the
13 second third Monday in January of the year in which his
14 predecessor's term expires for a term as provided in Section
15 2-101.5.
16     Notwithstanding any provision of this Section to the
17 contrary, the term of office of each member of the Commission
18 is terminated on the effective date of this amendatory Act of
19 1995, but the incumbent members shall continue to exercise all
20 of the powers and be subject to all of the duties of members of
21 the Commission until their respective successors are appointed
22 and qualified. Of the members initially appointed under the
23 provisions of this amendatory Act of 1995, one member shall be
24 appointed for a term of office which shall expire on the third
25 Monday of January, 1997; 2 members shall be appointed for terms
26 of office which shall expire on the third Monday of January,

 

 

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1 1998; one member shall be appointed for a term of office which
2 shall expire on the third Monday of January, 1999; and one
3 member shall be appointed for a term of office which shall
4 expire on the third Monday of January, 2000. Each respective
5 successor shall be appointed for a term of 5 years from the
6 third Monday of January of the year in which his predecessor's
7 term expires in accordance with the provisions of the first
8 paragraph of this Section.
9     Each member shall serve until his successor is elected
10 appointed and qualified, except that if the Senate refuses to
11 consent to the appointment of any member, such office shall be
12 deemed vacant, and within 2 weeks of the date the Senate
13 refuses to consent to the reappointment of any member, such
14 member shall vacate such office. The Governor shall from time
15 to time designate the member of the Commission who shall be its
16 chairman. One member of the Commission shall be elected by the
17 members to serve as Chairperson for a term of 2 years. The
18 election for chairperson shall be held on the second Monday in
19 the January following the general election after the members
20 elected at that general election have assumed office.
21 Consistent with the provisions of this Act, the Chairman shall
22 be the chief executive officer of the Commission for the
23 purpose of ensuring that the Commission's policies are properly
24 executed.
25     If there is no vacancy on the Commission, 4 members of the
26 Commission shall constitute a quorum to transact business;

 

 

09500HB3602ham001 - 28 - LRB095 07624 MJR 34112 a

1 otherwise, a majority of the Commission shall constitute a
2 quorum to transact business, and no vacancy shall impair the
3 right of the remaining commissioners to exercise all of the
4 powers of the Commission. Every finding, order, or decision
5 approved by a majority of the members of the Commission shall
6 be deemed to be the finding, order, or decision of the
7 Commission. The term of each appointed member of the Commission
8 shall terminate when all of the new members initially to be
9 elected under this amendatory Act of the 95th General Assembly
10 have taken office.
11 (Source: P.A. 92-22, eff. 6-30-01.)
 
12     (220 ILCS 5/2-101.5 new)
13     Sec. 2-101.5. Election of members of the Commission.
14     (a) There shall be 5 members elected to serve on the
15 Commission and one shall be elected from each Judicial District
16 of Illinois.
17     (b) The members of the Commission elected in 2008 shall
18 serve 4-year terms.
19     (c) To be eligible to serve as a member of the Commission,
20 a person must be a United States citizen, at least 21 years
21 old, and for the 2 years preceding his or her election or
22 appointment a resident of the district he or she is to
23 represent.
 
24     (220 ILCS 5/2-102)  (from Ch. 111 2/3, par. 2-102)

 

 

09500HB3602ham001 - 29 - LRB095 07624 MJR 34112 a

1     Sec. 2-102. Commissioners and officers; prohibited
2 activities.
3     (a) Each commissioner and each person appointed to office
4 by the Commission shall before entering upon the duties of his
5 office take and subscribe the constitutional oath of office.
6     Before entering upon the duties of his office each
7 commissioner shall give bond, with security to be approved by
8 the Governor, in the sum of $20,000, conditioned for the
9 faithful performance of his duty as such commissioner. Every
10 person appointed or employed by the Commission, may, in the
11 discretion of the Commission, before entering upon the duties
12 of his office, be required to give bond for the faithful
13 discharge of his duties, in such sum as the Commission may
14 designate, which bond shall be approved by the Commission.
15     All bonds required to be filed pursuant to this section
16 shall be filed in the office of the Secretary of State.
17     (b) No person in the employ of or holding any official
18 relation to any corporation or person subject in whole or in
19 part to regulation by the Commission, and no person holding
20 stock or bonds in any such corporation, or who is in any other
21 manner pecuniarily interested therein, directly or indirectly,
22 shall be appointed to or hold the office of commissioner or be
23 appointed or employed by the Commission; and if any such person
24 shall voluntarily become so interested his office or employment
25 shall ipso facto become vacant. If any person become so
26 interested otherwise than voluntarily he shall within a

 

 

09500HB3602ham001 - 30 - LRB095 07624 MJR 34112 a

1 reasonable time divest himself of such interest, and if he
2 fails to do so his office or employment shall become vacant.
3     No commissioner or person appointed or employed by the
4 Commission shall solicit or accept any gift, gratuity,
5 emolument or employment from any person or corporation subject
6 to the supervision of the Commission, or from any officer,
7 agent or employee thereof; nor solicit, request from or
8 recommend, directly or indirectly, to any such person or
9 corporation, or to any officer, agent or employee thereof the
10 appointment of any person to any place or position. Every such
11 corporation and person, and every officer, agent or employee
12 thereof, is hereby forbidden to offer to any commissioner or to
13 any person appointed or employed by the Commission any gift,
14 gratuity, emolument or employment. If any commissioner or any
15 person appointed or employed by the Commission shall violate
16 any provisions of this paragraph he shall be removed from the
17 office or employment held by him. Every person violating the
18 provisions of this paragraph shall be guilty of a Class A
19 misdemeanor.
20     (c) Each commissioner shall devote his entire time to the
21 duties of his office, and shall hold no other office or
22 position of profit, or engage in any other business, employment
23 or vocation.
24 (Source: P.A. 84-617.)
 
25     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.".