State Government Administration Committee
Filed: 3/21/2007
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1 | AMENDMENT TO HOUSE BILL 3602
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2 | AMENDMENT NO. ______. Amend House Bill 3602 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing
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5 | Sections 2A-1.2, 7-12, 10-9, 22-1, and 22-7 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 | 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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1 | (4) State Senator and State Representative;
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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;
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6 | (6) Circuit Court Clerk;
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7 | (7) Regional Superintendent of Schools, except in | ||||||
8 | counties or
educational service regions in which that | ||||||
9 | office has been abolished;
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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;
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13 | (9) Members of the Illinois Commerce Commission
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14 | (Blank) ;
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15 | (10) Trustee of the Metropolitan Sanitary District of | ||||||
16 | Chicago, and elected
Trustee of other Sanitary Districts;
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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.
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22 | (b) At the general primary election:
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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.
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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
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10 | shall also be on the ballot.
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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.
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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.
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3 | (c) At the consolidated election in the appropriate | ||||||
4 | odd-numbered years,
the following offices shall be filled:
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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
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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;
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17 | (2) Village and incorporated town library directors;
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18 | (3) City boards of stadium commissioners;
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19 | (4) Commissioners of park districts;
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20 | (5) Trustees of public library districts;
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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;
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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;
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3 | (8) Highway commissioners and road district clerks;
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4 | (9) Members of school boards in school districts which | ||||||
5 | adopt Article 33
of the School Code;
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6 | (10) The directors and chairman of the Chain O Lakes - | ||||||
7 | Fox River Waterway
Management Agency;
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8 | (11) Forest preserve district commissioners elected | ||||||
9 | under Section 3.5 of
the Downstate Forest Preserve District | ||||||
10 | Act;
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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
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17 | districts that adopt Article 33 of the School Code;
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18 | (13) Members of Community College district boards;
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19 | (14) Trustees of Fire Protection Districts;
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20 | (15) Commissioners of the Springfield Metropolitan | ||||||
21 | Exposition and
Auditorium
Authority;
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22 | (16) Elected Trustees of Tuberculosis Sanitarium | ||||||
23 | Districts;
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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.
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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
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7 | except those offices listed in paragraphs (12) through (17) of | ||||||
8 | subsection
(c).
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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.
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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.
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24 | (e) (Blank).
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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.
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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 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.
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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
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15 | members at the next regularly scheduled election following the | ||||||
16 | effective
date of the new district.
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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.
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21 | (h) There may be conducted a
referendum in accordance with | ||||||
22 | the provisions of Division 6-4 of the
Counties Code.
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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.)
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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:
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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
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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,
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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,
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | becoming law.".
|