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Rep. Elaine Nekritz
Filed: 3/23/2015
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1 | | AMENDMENT TO HOUSE BILL 3302
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2 | | AMENDMENT NO. ______. Amend House Bill 3302 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 |
5 | | Section 10-6 as follows:
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6 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
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7 | | Sec. 10-6. Time and manner of filing. Certificates
of
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8 | | nomination and nomination papers for the nomination of |
9 | | candidates for
offices to be filled by electors of the entire |
10 | | State, or any district
not entirely within a county, or for |
11 | | congressional, state legislative or
judicial offices, shall be |
12 | | presented to the principal office of the
State Board of |
13 | | Elections not more than 141 nor less than 134
days previous
to |
14 | | the day of election for which the candidates are nominated. The
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15 | | State Board of Elections shall endorse the certificates of |
16 | | nomination or
nomination papers, as the case may be, and the |
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1 | | date and hour of
presentment to it. Except as otherwise |
2 | | provided in this section, all
other certificates for the |
3 | | nomination of candidates shall be filed with
the county clerk |
4 | | of the respective counties not more than 141 but at
least 134 |
5 | | days previous to the day of such election. Certificates of |
6 | | nomination and nomination papers for the nomination of |
7 | | candidates for school district offices to be filled at |
8 | | consolidated elections shall be filed with the county clerk or |
9 | | county board of election commissioners of the county election |
10 | | authority in which the principal office of the school district |
11 | | is located not more than 113 nor less than 106 days before the |
12 | | consolidated election. Certificates
of
nomination and |
13 | | nomination papers for the nomination of candidates for
the |
14 | | other offices of political subdivisions to be filled at regular |
15 | | elections
other than the general election shall be filed with |
16 | | the local election
official of such subdivision:
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17 | | (1) (Blank);
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18 | | (2) not more than 113 nor less than 106 days prior to |
19 | | the
consolidated
election; or
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20 | | (3) not more than 113 nor less than 106 days prior to |
21 | | the general
primary in the case of municipal offices to be |
22 | | filled at the general
primary election; or
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23 | | (4) not more than 99 nor less than 92 days before the
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24 | | consolidated
primary in the case of municipal offices to be |
25 | | elected on a nonpartisan
basis pursuant to law (including |
26 | | without limitation, those municipal
offices subject to |
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1 | | Articles 4 and 5 of the Municipal Code); or
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2 | | (5) not more than 113 nor less than 106 days before the |
3 | | municipal
primary in even numbered years for such |
4 | | nonpartisan municipal offices
where annual elections are |
5 | | provided; or
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6 | | (6) in the case of petitions for the office of |
7 | | multi-township assessor,
such petitions shall be filed |
8 | | with the election authority not more than
113 nor less than |
9 | | 106 days before the consolidated election.
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10 | | However, where a political subdivision's boundaries are |
11 | | co-extensive
with or are entirely within the jurisdiction of a |
12 | | municipal board of
election commissioners, the certificates of |
13 | | nomination and nomination
papers for candidates for such |
14 | | political subdivision offices shall be filed
in the office of |
15 | | such Board.
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16 | | (Source: P.A. 98-691, eff. 7-1-14.)
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17 | | Section 10. The School Code is amended by changing Sections |
18 | | 9-10 and 10-10 as follows:
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19 | | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
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20 | | Sec. 9-10. Candidates for office - Nominating petitions. |
21 | | Candidates for
the office of school director shall be nominated |
22 | | by petition signed by at
least 25 voters or 5% of the voters, |
23 | | whichever is less, residing within
the district and filed with |
24 | | the county clerk or the county board of election commissioners, |
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1 | | as the case may be, of the county in which the principal office |
2 | | of the school district is located.
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3 | | Nominations for members of boards of education, including |
4 | | non-high school
boards of education shall be made by a petition |
5 | | signed by at least 50 voters
or 10% of the voters, whichever is |
6 | | less, residing within the district and
shall be filed with the |
7 | | county clerk or the county board of election commissioners, as |
8 | | the case may be, of the county in which the principal office of |
9 | | the school district is located. In addition
to the requirements |
10 | | of the general election law, the form of such petitions
shall |
11 | | be substantially as follows:
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12 | | NOMINATING PETITIONS
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13 | | (LEAVE OUT THE INAPPLICABLE PART.)
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14 | | To the (County Clerk or County Board of Election |
15 | | Commissioners) .... of .... County:
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16 | | We the undersigned, being (.... or more) (or 10% or more) |
17 | | (or 5% or more)
of the voters residing within said district, |
18 | | hereby petition that .... who
resides at .... in the (city or |
19 | | village) of .... in Township .... (or who
resides outside any |
20 | | city, village or incorporated town and in Township ....) in
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21 | | said district shall be a candidate for the office of .... of |
22 | | the board of
education (or board of directors) (full term) |
23 | | (vacancy) to be voted for at the
election to be held on (insert |
24 | | date).
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25 | | Name: .................. Address: ...................
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1 | | In the designation of the name of a candidate on a petition |
2 | | for
nomination, the candidate's given name or names, initial or |
3 | | initials, a nickname by which the candidate is commonly known, |
4 | | or a combination thereof may be used in addition to the |
5 | | candidate's surname. If a candidate has changed his or her |
6 | | name, whether by a statutory or common law procedure in |
7 | | Illinois or any other jurisdiction, within 3 years before the |
8 | | last day for filing the petition, then (i) the candidate's name |
9 | | on the petition must be followed by "formerly known as (list |
10 | | all prior names during the 3-year period) until name changed on |
11 | | (list date of each such name change)" and (ii) the petition |
12 | | must be accompanied by the candidate's affidavit stating the |
13 | | candidate's previous names during the period specified in |
14 | | clause (i) and the date or dates each of those names was |
15 | | changed; failure to meet these requirements shall be grounds |
16 | | for denying certification of the candidate's name for the |
17 | | ballot, but these requirements do not apply to name changes |
18 | | resulting from adoption to assume an adoptive parent's or |
19 | | parents' surname, marriage to assume a spouse's surname, or |
20 | | dissolution of marriage or declaration of invalidity of |
21 | | marriage to assume a former surname. No other designation, such |
22 | | as a political slogan, as defined by Section 7-17 of the |
23 | | Election Code, title or degree, or nickname suggesting or |
24 | | implying possession of a title, degree or professional status, |
25 | | or similar information may be used in connection with the |
26 | | candidate's surname.
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1 | | Nomination papers filed under this Section are not valid |
2 | | unless the candidate
named therein files with the county clerk |
3 | | or the county board of election commissioners, as the case may |
4 | | be, of the county in which the principal office of the school |
5 | | district is located a receipt
from the county clerk showing |
6 | | that the candidate has filed a statement of
economic interests |
7 | | as required by the Illinois Governmental Ethics Act.
Such |
8 | | receipt shall be so filed either previously during the calendar |
9 | | year
in which his nomination papers were filed or within the |
10 | | period for the filing
of nomination papers in accordance with |
11 | | the general election law.
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12 | | All petitions for the nomination of members of a board of |
13 | | education shall
be filed with the county clerk or the county |
14 | | board of election commissioners, as the case may be, of the |
15 | | county in which the principal office of the school district is |
16 | | located within the time provided for
by the general election |
17 | | law. The county clerk or the county board of election |
18 | | commissioners shall receive and file only
those petitions which |
19 | | include a statement of candidacy, the required number
of voter |
20 | | signatures, the notarized signature of the petition circulator
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21 | | and a receipt from the County Clerk showing that the candidate |
22 | | has filed
a statement of economic interest on or before the |
23 | | last day to file as required
by the Illinois Governmental |
24 | | Ethics Act. The county clerk or the county board of election |
25 | | commissioners may have petition
forms available
for issuance to |
26 | | potential candidates, and may give notice of the petition
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1 | | filing period by publication in a newspaper of general |
2 | | circulation within
the school district not less than 10 days |
3 | | prior to the first day of filing.
The county clerk or the |
4 | | county board of election commissioners shall make |
5 | | certification to the proper election authorities
in accordance |
6 | | with the general election law.
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7 | | The county clerk or the county board of election |
8 | | commissioners, as the case may be, of the county in which the |
9 | | principal office of the school district is located shall notify |
10 | | the candidates
for whom a petition for nomination is filed or |
11 | | the appropriate committee
of the obligations under the Campaign |
12 | | Financing Act as provided in the general
election law. Such |
13 | | notice
shall be given on a form prescribed by the State Board |
14 | | of Elections and
in accordance with the requirements of the |
15 | | general election law. The county clerk or county board of |
16 | | election commissioners
shall within 7 days of filing or on the |
17 | | last day for filing, whichever is
earlier, acknowledge to the |
18 | | petitioner in writing the office's acceptance of the
petition.
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19 | | A candidate for membership on the board of education or for |
20 | | office as a
school director, who has petitioned for nomination |
21 | | to fill a full term and
to fill a vacant term to be voted upon |
22 | | at the same election, must withdraw
his or her petition for |
23 | | nomination from either the full term or the vacant
term by |
24 | | written declaration.
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25 | | In all newly organized districts the petition for the |
26 | | nomination of
candidates
for members of the board of education |
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1 | | at the first election shall be addressed
to and filed with the |
2 | | regional superintendent of schools in the manner herein
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3 | | specified for the petitions for
members of a board of |
4 | | education. For such election the regional superintendent
shall |
5 | | fulfill all duties otherwise assigned to the secretary of the |
6 | | board
of education.
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7 | | (Source: P.A. 98-115, eff. 7-29-13.)
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8 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
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9 | | Sec. 10-10. Board of education; term; vacancy. All school |
10 | | districts
having a population of not fewer than 1,000 and not |
11 | | more than 500,000
inhabitants, as ascertained by any special or |
12 | | general census, and not
governed by special Acts, shall be |
13 | | governed by a board of education
consisting of 7 members, |
14 | | serving without compensation except as herein
provided. Each |
15 | | member shall be elected for a term of 4 years for the initial |
16 | | members
of the board of education of a combined school district |
17 | | to which that
subsection applies. If 5 members are elected in |
18 | | 1983 pursuant to the extension
of terms provided by
law for |
19 | | transition to the consolidated election schedule under the |
20 | | general
election law, 2 of those members shall be elected to |
21 | | serve terms of 2 years
and 3 shall be elected to serve terms of |
22 | | 4 years; their successors shall
serve for a 4 year term. When |
23 | | the voters of a district have voted to elect
members of the |
24 | | board of education for 6 year terms, as provided in Section
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25 | | 9-5, the terms of office of members of the board of education |
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1 | | of that
district expire when their successors assume office but |
2 | | not later than 7
days after such election. If at the regular |
3 | | school election held in the
first odd-numbered year after the |
4 | | determination to elect members for 6 year
terms 2 members are |
5 | | elected, they shall serve for a 6 year term; and of the
members |
6 | | elected at the next regular school election 3 shall serve for a
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7 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter |
8 | | members
elected in such districts shall be elected to a 6 year |
9 | | term. If at the
regular school election held in the first |
10 | | odd-numbered year after the
determination to elect members for |
11 | | 6 year terms 3 members are elected, they
shall serve for a 6 |
12 | | year term; and of the members elected at the next
regular |
13 | | school election 2 shall serve for a term of 2 years and 2 shall
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14 | | serve for a term of 6 years. Thereafter members elected in such |
15 | | districts
shall be elected to a 6 year term. If at the regular |
16 | | school election held
in the first odd-numbered year after the |
17 | | determination to elect members for
6 year terms 4 members are |
18 | | elected, 3 shall serve for a term of 6 years and
one shall |
19 | | serve for a term of 2 years; and of the members elected at the
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20 | | next regular school election 2 shall serve for terms of 6 years |
21 | | and 2 shall
serve for terms of 2 years. Thereafter members |
22 | | elected in such districts
shall be elected to a 6 year term. If |
23 | | at the regular school election held
in the first odd-numbered |
24 | | year after the determination to elect members for
a 6 year term |
25 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 |
26 | | shall serve for a term of 2 years; and of the members elected |
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1 | | at the
next regular school election 2 shall serve for terms of |
2 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter |
3 | | members elected in such districts
shall be elected to a 6 year |
4 | | term. An election for board members shall not
be held in school |
5 | | districts which by consolidation, annexation or otherwise
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6 | | shall cease to exist as a school district within 6 months after |
7 | | the
election date, and the term of all board members which |
8 | | would otherwise
terminate shall be continued until such |
9 | | district shall cease to exist. Each
member, on the date of his |
10 | | or her election, shall be a
citizen of the United
States of the |
11 | | age of 18 years or over, shall be a resident of the State and
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12 | | the
territory of the district for at least one year immediately |
13 | | preceding his or
her
election, shall be a registered voter as |
14 | | provided in the general election
law,
shall not be a school |
15 | | trustee, must not have been removed from a school board |
16 | | pursuant to Section 2-3.25f-5 of this Code (unless subsequently |
17 | | appointed as a member of an Independent Authority or if it has |
18 | | been 10 years since the abolition of the Independent Authority |
19 | | in the district), and shall not be a child
sex offender as |
20 | | defined in Section 11-9.3 of the
Criminal Code of 2012. When |
21 | | the board of
education is the successor of the school |
22 | | directors, all rights of property,
and all rights regarding |
23 | | causes of action existing or vested in such
directors, shall |
24 | | vest in it as fully as they were vested in the school
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25 | | directors. Terms of members are subject to Section 2A-54 of the |
26 | | Election Code.
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1 | | Nomination papers filed under this Section are not valid |
2 | | unless the candidate
named therein files with the county clerk |
3 | | or the county board of election commissioners, as the case may |
4 | | be, of the county in which the principal office of the school |
5 | | district is located a receipt
from the county clerk showing |
6 | | that the candidate has filed a statement of
economic interests |
7 | | as required by the Illinois Governmental Ethics Act.
Such |
8 | | receipt shall be so filed either previously during the calendar |
9 | | year
in which his nomination papers were filed or within the |
10 | | period for the filing
of nomination papers in accordance with |
11 | | the general election law.
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12 | | Whenever a vacancy occurs, the remaining members shall |
13 | | notify the
regional superintendent of that vacancy within 5 |
14 | | days after its occurrence
and shall proceed to fill the vacancy |
15 | | until the next regular school
election, at which election a |
16 | | successor shall be elected to serve the
remainder of the |
17 | | unexpired term. However, for school boards for which members |
18 | | are elected for 4-year terms, if the vacancy occurs after the |
19 | | beginning of the period for circulating nomination petitions to |
20 | | be placed on the ballot for the next consolidated election, the |
21 | | person so appointed shall serve the remainder of the unexpired |
22 | | term and no election to fill the vacancy shall be held.
For |
23 | | school boards for which members are elected for 6-year terms, |
24 | | a) if the vacancy occurs after the beginning of the period for |
25 | | circulating nomination petitions to be placed on the ballot for |
26 | | the second consolidated election following the election at |
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1 | | which the member who vacated the position was elected, the |
2 | | person so appointed shall serve the remainder of the unexpired |
3 | | term and no election to fill the vacancy shall be held; b) if |
4 | | the vacancy occurs after the beginning of the period for |
5 | | circulating nomination petitions to be placed on the ballot for |
6 | | the first consolidated election following the election at which |
7 | | the member who vacated the election was elected, the person so |
8 | | appointed shall serve until the next consolidated election, at |
9 | | which a successor shall be elected to serve the remainder of |
10 | | the unexpired term; or c) if the vacancy occurs at any other |
11 | | time, the person so appointed shall serve until the next |
12 | | consolidated election, at which a successor shall be elected to |
13 | | serve the remainder of the unexpired term. if the vacancy |
14 | | occurs with less
than 868 days remaining in the term, or if the |
15 | | vacancy occurs
less than 88
days before the next regularly |
16 | | scheduled election for this office then the
person so appointed |
17 | | shall serve the remainder of the unexpired term, and no
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18 | | election to fill the vacancy shall be held. Should they fail so |
19 | | to
act, within 60 45 days after the vacancy occurs, the |
20 | | regional superintendent
of schools under whose supervision and |
21 | | control the district is operating,
as defined in Section 3-14.2 |
22 | | of this Act, shall within 30 days after the
remaining members |
23 | | have failed to fill the vacancy, fill the vacancy as
provided |
24 | | for herein. Upon the regional superintendent's failure to fill |
25 | | the
vacancy, the vacancy shall be filled at the next regularly |
26 | | scheduled
election. Whether elected or appointed by the |
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1 | | remaining members or regional
superintendent, the successor |
2 | | shall be an inhabitant of the particular area
from which his or |
3 | | her predecessor was elected if the residential requirements
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4 | | contained in Section 10-10.5 or 12-2 of this Code apply.
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5 | | A board of education may appoint a student to the board to |
6 | | serve in an advisory capacity. The student member shall serve |
7 | | for a term as determined by the board. The board may not grant |
8 | | the student member any voting privileges, but shall consider |
9 | | the student member as an advisor. The student member may not |
10 | | participate in or attend any executive session of the board.
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11 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13; |
12 | | 98-1155, eff. 1-9-15.)
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13 | | Section 99. Effective date. This Act takes effect upon |
14 | | becoming law.".
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