Illinois General Assembly - Full Text of HB0827
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Full Text of HB0827  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Robert Martwick


10 ILCS 5/2A-1.2  from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-52  from Ch. 46, par. 2A-52
110 ILCS 805/7-1  from Ch. 122, par. 107-1
110 ILCS 805/7-2  from Ch. 122, par. 107-2
110 ILCS 805/7-2.1 new
110 ILCS 805/7-2.2 new
110 ILCS 805/7-2.3 new
110 ILCS 805/7-3  from Ch. 122, par. 107-3

    Amends the Election Code. Provides for the election of the board of trustees of the City Colleges of Chicago, Illinois Community College District No. 508, at the general primary election in 2020 on a nonpartisan ballot. Provides that a member of the board of trustees shall be elected at each consolidated election thereafter. Makes related changes. Amends the Public Community College Act. Sets forth provisions concerning nominating petitions and ballots. Provides that the City of Chicago shall be subdivided into 20 trustee districts by the General Assembly for seats on the board of trustees, in addition to one at-large trustee. Provides that in the year following each decennial census, the General Assembly shall redistrict the trustee districts to reflect the results of each decennial census. Makes other changes. Effective immediately.

LRB101 05124 SMS 50136 b






HB0827LRB101 05124 SMS 50136 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing
5Sections 2A-1.2 and 2A-52 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
9    (a) At the general election in the appropriate
10even-numbered years, the following offices shall be filled or
11shall 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;
17        (4) State Senator and State Representative;
18        (5) County elected officers, including State's
19    Attorney, County Board member, County Commissioners, and
20    elected President of the County Board or County Chief
21    Executive;
22        (6) Circuit Court Clerk;
23        (7) Regional Superintendent of Schools, except in



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1    counties or educational service regions in which that
2    office has been abolished;
3        (8) Judges of the Supreme, Appellate and Circuit
4    Courts, on the question of retention, to fill vacancies and
5    newly created judicial offices;
6        (9) (Blank);
7        (10) Trustee of the Metropolitan Sanitary District of
8    Chicago, and elected Trustee of other Sanitary Districts;
9        (11) Special District elected officers, not otherwise
10    designated in this Section, where the statute creating or
11    authorizing the creation of the district requires an annual
12    election and permits or requires election of candidates of
13    political parties.
14    (b) At the general primary election:
15        (1) in each even-numbered year candidates of political
16    parties shall be nominated for those offices to be filled
17    at the general election in that year, except where pursuant
18    to law nomination of candidates of political parties is
19    made by caucus.
20        (2) in the appropriate even-numbered years the
21    political party offices of State central committeeperson,
22    township committeeperson, ward committeeperson, and
23    precinct committeeperson shall be filled and delegates and
24    alternate delegates to the National nominating conventions
25    shall be elected as may be required pursuant to this Code.
26    In the even-numbered years in which a Presidential election



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1    is to be held, candidates in the Presidential preference
2    primary shall also be on the ballot.
3        (3) in each even-numbered year, where the municipality
4    has provided for annual elections to elect municipal
5    officers pursuant to Section 6(f) or Section 7 of Article
6    VII of the Constitution, pursuant to the Illinois Municipal
7    Code or pursuant to the municipal charter, the offices of
8    such municipal officers shall be filled at an election held
9    on the date of the general primary election, provided that
10    the municipal election shall be a nonpartisan election
11    where required by the Illinois Municipal Code. For partisan
12    municipal elections in even-numbered years, a primary to
13    nominate candidates for municipal office to be elected at
14    the general primary election shall be held on the Tuesday 6
15    weeks preceding that election.
16        (4) in each school district which has adopted the
17    provisions of Article 33 of the School Code, successors to
18    the members of the board of education whose terms expire in
19    the year in which the general primary is held shall be
20    elected.
21        (5) in the 2020 primary election, the members of the
22    Board of Trustees of the City Colleges of Chicago, Illinois
23    Community College District No. 508, shall be elected to
24    serve a term of 5 years; successors shall be elected at the
25    consolidated election under subsection (c) to a term of 4
26    years as provided under Section 2A-48 of this Code. The



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1    election of members of the Board of Trustees of the City
2    Colleges of Chicago held in 2020 shall be a nonpartisan
3    election as provided for under this Code and conducted on a
4    nonpartisan ballot.
5    (c) At the consolidated election in the appropriate
6odd-numbered years, the following offices shall be filled:
7        (1) Municipal officers, provided that in
8    municipalities in which candidates for alderman or other
9    municipal office are not permitted by law to be candidates
10    of political parties, the runoff election where required by
11    law, or the nonpartisan election where required by law,
12    shall be held on the date of the consolidated election; and
13    provided further, in the case of municipal officers
14    provided for by an ordinance providing the form of
15    government of the municipality pursuant to Section 7 of
16    Article VII of the Constitution, such offices shall be
17    filled by election or by runoff election as may be provided
18    by such ordinance;
19        (2) Village and incorporated town library directors;
20        (3) City boards of stadium commissioners;
21        (4) Commissioners of park districts;
22        (5) Trustees of public library districts;
23        (6) Special District elected officers, not otherwise
24    designated in this Section, where the statute creating or
25    authorizing the creation of the district permits or
26    requires election of candidates of political parties;



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1        (7) Township officers, including township park
2    commissioners, township library directors, and boards of
3    managers of community buildings, and Multi-Township
4    Assessors;
5        (8) Highway commissioners and road district clerks;
6        (9) Members of school boards in school districts which
7    adopt Article 33 of the School Code;
8        (10) The directors and chair of the Chain O Lakes - Fox
9    River Waterway Management Agency;
10        (11) Forest preserve district commissioners elected
11    under Section 3.5 of the Downstate Forest Preserve District
12    Act;
13        (12) Elected members of school boards, school
14    trustees, directors of boards of school directors,
15    trustees of county boards of school trustees (except in
16    counties or educational service regions having a
17    population of 2,000,000 or more inhabitants) and members of
18    boards of school inspectors, except school boards in school
19    districts that adopt Article 33 of the School Code;
20        (13) Members of Community College district boards,
21    except as otherwise provided in paragraph (5) of subsection
22    (b);
23        (14) Trustees of Fire Protection Districts;
24        (15) Commissioners of the Springfield Metropolitan
25    Exposition and Auditorium Authority;
26        (16) Elected Trustees of Tuberculosis Sanitarium



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1    Districts;
2        (17) Elected Officers of special districts not
3    otherwise designated in this Section for which the law
4    governing those districts does not permit candidates of
5    political parties.
6    (d) At the consolidated primary election in each
7odd-numbered year, candidates of political parties shall be
8nominated for those offices to be filled at the consolidated
9election in that year, except where pursuant to law nomination
10of candidates of political parties is made by caucus, and
11except those offices listed in paragraphs (12) through (17) of
12subsection (c).
13    At the consolidated primary election in the appropriate
14odd-numbered years, the mayor, clerk, treasurer, and aldermen
15shall be elected in municipalities in which candidates for
16mayor, clerk, treasurer, or alderman are not permitted by law
17to be candidates of political parties, subject to runoff
18elections to be held at the consolidated election as may be
19required by law, and municipal officers shall be nominated in a
20nonpartisan election in municipalities in which pursuant to law
21candidates for such office are not permitted to be candidates
22of political parties.
23    At the consolidated primary election in the appropriate
24odd-numbered years, municipal officers shall be nominated or
25elected, or elected subject to a runoff, as may be provided by
26an ordinance providing a form of government of the municipality



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1pursuant to Section 7 of Article VII of the Constitution.
2    (e) (Blank).
3    (f) At any election established in Section 2A-1.1, public
4questions may be submitted to voters pursuant to this Code and
5any special election otherwise required or authorized by law or
6by court order may be conducted pursuant to this Code.
7    Notwithstanding the regular dates for election of officers
8established in this Article, whenever a referendum is held for
9the establishment of a political subdivision whose officers are
10to be elected, the initial officers shall be elected at the
11election at which such referendum is held if otherwise so
12provided by law. In such cases, the election of the initial
13officers shall be subject to the referendum.
14    Notwithstanding the regular dates for election of
15officials established in this Article, any community college
16district which becomes effective by operation of law pursuant
17to Section 6-6.1 of the Public Community College Act, as now or
18hereafter amended, shall elect the initial district board
19members at the next regularly scheduled election following the
20effective date of the new district.
21    (g) At any election established in Section 2A-1.1, if in
22any precinct there are no offices or public questions required
23to be on the ballot under this Code then no election shall be
24held in the precinct on that date.
25    (h) There may be conducted a referendum in accordance with
26the provisions of Division 6-4 of the Counties Code.



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1(Source: P.A. 100-1027, eff. 1-1-19.)
2    (10 ILCS 5/2A-52)  (from Ch. 46, par. 2A-52)
3    Sec. 2A-52. Community College District - Member - Time of
4Election. A member of the Board of a Community College District
5shall be elected at each consolidated election to succeed each
6elected incumbent member of the Board whose term expires before
7the following consolidated election. However, a member of the
8Board of Trustees of the City Colleges of Chicago, Illinois
9Community College District No. 508, shall be elected at each
10consolidated election beginning with the April 2023 election to
11succeed each incumbent member whose term ends before the
12following consolidated election.
13(Source: P.A. 90-358, eff. 1-1-98.)
14    Section 10. The Public Community College Act is amended by
15changing Sections 7-1, 7-2, and 7-3 and by adding Sections
167-2.1, 7-2.2, and 7-2.3 as follows:
17    (110 ILCS 805/7-1)  (from Ch. 122, par. 107-1)
18    Sec. 7-1. This Article applies only to community college
19districts in cities having a population of 500,000 or more
20inhabitants. Each such community college district shall
21maintain a system of community colleges under the charge of a
22board, which is appointed as provided in Section 7-2. Except as
23otherwise provided in this Article, such a community college



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1district and its board have all the rights, duties, powers and
2responsibilities and are subject to the same limitations as are
3provided for other community college districts in this Act, as
4now or hereafter amended.
5(Source: P.A. 78-669.)
6    (110 ILCS 805/7-2)  (from Ch. 122, par. 107-2)
7    Sec. 7-2. (a) This subsection (a) applies until March 21,
82020. The board shall consist of 7 members, appointed by the
9mayor with the approval of the city council. Prior to the
10expiration of the term of any member his successor shall be
11appointed in like manner and shall hold office for a term of 3
12years from July 1 of the year in which he is appointed and
13until his successor is appointed and qualified. Any vacancy in
14the membership of the board shall be filled through appointment
15by the mayor, with the approval of the city council, for the
16unexpired term. If any appointee fails to qualify within 30
17days after his appointment, the office shall be filled by a new
18appointment for the unexpired term. To be eligible for
19appointment to a board under this Section, a person must
20possess the same qualifications and meet the same requirements
21as are prescribed by this Act for members of an elected board
22of a community college district.
23    (b) On March 21, 2020, notwithstanding the provisions of
24Section 3-7 of this Act, the terms of all members of the board
25appointed under subsection (a) are abolished when the new



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1board, consisting of 21 members, is elected by the electors of
2the community college district as provided in this subsection
3(b) and takes office.
4    Each member shall be elected for a term of 4 years,
5commencing on the second Tuesday in May of the year in which
6the member is elected, and until the member's successor is
7elected and has qualified, except that members of the board
8elected to terms commencing on March 21, 2020 shall commence to
9serve for terms of 5 years and until the member's successor is
10elected and has qualified. For purposes of elections conducted
11pursuant to this subsection (b), the City of Chicago shall be
12subdivided into 20 trustee districts by the General Assembly
13for seats on the board, as provided under Section 7-2.3 of this
14Act. Each district shall be represented by a member, and one
15member shall be elected at large and serve as the president of
16the board. To be eligible for election or appointment to a
17board under this Section, a person must possess the same
18qualifications and meet the same requirements as are prescribed
19by this Act for members of an elected board of a community
20college district. A person is ineligible for election or
21appointment to a board under this Section if that person is an
22employee of a community college district within the city.
23    (c) No member shall have or be an employee or owner of a
24company that has a contract with a community college within the
25city. No former officer, member, or employee of the board
26shall, within a period of one year immediately after



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1termination of service on the board, knowingly accept
2employment or receive compensation or fees for services from a
3person or entity if the officer, member, or employee, during
4the year immediately preceding termination of service on the
5board, participated personally and substantially in the award
6of contracts with the board, community college district, or
7community colleges within the city, or the issuance of contract
8change orders with the board or the community college district,
9or community college within the city, with a cumulative value
10of $25,000 or more to the person, the entity, or the entity's
11parent or subsidiary.
12    (d) Whenever a vacancy occurs, the remaining members shall
13fill the vacancy, and the person so appointed shall serve until
14a successor is elected at the next regular election for board
15members and is certified in accordance with Sections 22-17 and
1622-18 of the Election Code. If the remaining members fail to
17fill the vacancy within 60 days after the vacancy occurs, the
18chairman of the State Board shall fill that vacancy, and the
19person so appointed shall serve until a successor is elected at
20the next regular election for board members and is certified in
21accordance with Sections 22-17 and 22-18 of the Election Code.
22The person appointed to fill a vacancy shall have the same
23residential qualifications as his or her predecessor in office
24was required to have. However, in either instance, if the
25vacancy occurs with more than 28 months remaining until the
26term expires, the appointed member shall serve only until a



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1successor is elected and qualified at the next scheduled
3(Source: P.A. 78-669.)
4    (110 ILCS 805/7-2.1 new)
5    Sec. 7-2.1. Nomination petitions. Notwithstanding Section
63-7.10 of this Act, in addition to the requirements of the
7general election law, the form of petitions under this Section
8shall be substantially as follows:
11    To the Board of Election Commissioners for the City of
13    We the undersigned, being (.... or more) of the voters
14residing within said district, hereby petition that .... who
15resides at .... in the City of Chicago shall be a candidate for
16the office of .... of the Board of Trustees of the City
17Colleges of Chicago, Illinois Community College District No.
18508, (full term) (vacancy) to be voted for at the election to
19be held on (insert date).
20    Name: .................. Address: ...................
21    In the designation of the name of a candidate on a petition
22for nomination, the candidate's given name or names, initial or
23initials, a nickname by which the candidate is commonly known,
24or a combination thereof may be used in addition to the
25candidate's surname. If a candidate has changed his or her



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1name, whether by a statutory or common law procedure in
2Illinois or any other jurisdiction, within 3 years before the
3last day for filing the petition, then (i) the candidate's name
4on the petition must be followed by "formerly known as (list
5all prior names during the 3-year period) until name changed on
6(list date of each such name change)" and (ii) the petition
7must be accompanied by the candidate's affidavit stating the
8candidate's previous names during the period specified in
9clause (i) and the date or dates each of those names was
10changed; failure to meet these requirements shall be grounds
11for denying certification of the candidate's name for the
12ballot, but these requirements do not apply to name changes
13resulting from adoption to assume an adoptive parent's or
14parents' surname, marriage to assume a spouse's surname, or
15dissolution of marriage or declaration of invalidity of
16marriage to assume a former surname. No other designation, such
17as a political slogan, as defined by Section 7-17 of the
18Election Code, title or degree, or nickname suggesting or
19implying possession of a title, degree or professional status,
20or similar information may be used in connection with the
21candidate's surname.
22    All petitions for the nomination of members of the board
23shall be filed with the board of election commissioners of the
24jurisdiction in which the principal office of the community
25college district is located within the time provided for by the
26general election law, except that petitions for the nomination



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1of members of the board for the March 20, 2020 election shall
2be prepared and certified on the same schedule as the petition
3schedule for the candidates for the General Assembly. The board
4of election commissioners shall receive and file only those
5petitions that include a statement of candidacy, the required
6number of voter signatures, the notarized signature of the
7petition circulator, and a receipt from the County Clerk
8showing that the candidate has filed a statement of economic
9interest on or before the last day to file as required by the
10Illinois Governmental Ethics Act. The board of election
11commissioners may have petition forms available for issuance to
12potential candidates and may give notice of the petition filing
13period by publication in a newspaper of general circulation
14within the community college district not less than 10 days
15prior to the first day of filing. The board of election
16commissioners shall make certification to the proper election
17authorities in accordance with the general election law.
18    The board of election commissioners of the jurisdiction in
19which the principal office of the community college district is
20located shall notify the candidates for whom a petition for
21nomination is filed or the appropriate committee of the
22obligations under the Campaign Financing Act as provided in the
23general election law. Such notice shall be given on a form
24prescribed by the State Board of Elections and in accordance
25with the requirements of the general election law. The board of
26election commissioners shall within 7 days of filing or on the



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1last day for filing, whichever is earlier, acknowledge to the
2petitioner in writing the office's acceptance of the petition.
3    A candidate for membership on the board who has petitioned
4for nomination to fill a full term and to fill a vacant term to
5be voted upon at the same election must withdraw his or her
6petition for nomination from either the full term or the vacant
7term by written declaration.
8    Nomination petitions are not valid unless the candidate
9named therein files with the board of election commissioners a
10receipt from the county clerk showing that the candidate has
11filed a statement of economic interests as required by the
12Illinois Governmental Ethics Act. Such receipt shall be so
13filed either previously during the calendar year in which his
14or her nomination papers were filed or within the period for
15the filing of nomination papers in accordance with the general
16election law.
17    (110 ILCS 805/7-2.2 new)
18    Sec. 7-2.2. Ballots. The board of election commissioners of
19the jurisdiction in which the principal office of the community
20college district is located shall conduct a lottery to
21determine the ballot order of candidates for full terms in the
22event of any simultaneous petition filings. Such candidate
23lottery shall be conducted as follows:
24    All petitions filed by persons waiting in line as of 8:00
25a.m. on the first day for filing, or as of the normal opening



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1hour of the office involved on such day, shall be deemed
2simultaneously filed as of 8:00 a.m. or the normal opening
3hour, as the case may be. Petitions filed by mail and received
4after midnight of the first day for filing and in the first
5mail delivery or pickup of that day shall be deemed
6simultaneously filed as of 8:00 a.m. of that day or as of the
7normal opening hour of such day, as the case may be. All
8petitions received thereafter shall be deemed filed in the
9order of actual receipt. However, 2 or more petitions filed
10within the last hour of the filing deadline shall be deemed
11filed simultaneously.
12    Where 2 or more petitions are received simultaneously for
13the same office as of 8:00 a.m. on the first day for petition
14filing or as of the normal opening hour of the office of the
15board of election commissioners with whom such petitions are
16filed, the board of election commissioners shall break ties and
17determine the order of filing by means of a lottery or other
18fair and impartial method of random selection. Such lottery
19shall be conducted within 9 days following the last day for
20petition filing and shall be open to the public. Seven days
21written notice of the time and place of conducting such random
22selection shall be given by the board of election commissioners
23to all candidates who filed their petitions simultaneously and
24to each organization of citizens within the election
25jurisdiction that was entitled, under the general election law,
26at the next preceding election, to have poll watchers present



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1on the day of election. The board of election commissioners
2shall post in a conspicuous, open, and public place, at the
3entrance of his or her office, notice of the time and place of
4such lottery.
5    All candidates shall be certified in the order in which
6their petitions have been filed and in the manner prescribed by
7Section 10-15 of the Election Code. Where candidates have filed
8simultaneously, they shall be certified in the order prescribed
9by this Section and prior to candidates who filed for the same
10office at a later time.
11    Where elections are conducted for unexpired terms, a second
12lottery to determine ballot order shall be conducted for
13candidates who simultaneously file petitions for such
14unexpired terms. Such lottery shall be conducted in the same
15manner as prescribed by this Section for full term candidates.
16    Ballots for the election of board members shall be in the
17following form:
19    Ballot position for candidates shall be determined by the
20order of petition filing or lottery held pursuant to this
22    The community college district is divided into 20 trustee
23districts, each of which elects one member to the board and
24votes on one member to serve at-large.)



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DISTRICT ....... (1 through 20)
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
DISTRICT ....... (1 through 20)
(Precinct name or number)
Community College District No. ......, ........... County,
Election Tuesday (insert date)
(facsimile signature of Election Authority)




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1    (110 ILCS 805/7-2.3 new)
2    Sec. 7-2.3. Creation of trustee districts; reapportionment
3of districts.
4    (a) For purposes of elections conducted pursuant to
5subsection (b) of Section 7-2 of this Act, the City of Chicago
6shall be subdivided into 20 trustee districts after the
7effective date of this amendatory Act of the 101st General
8Assembly by the General Assembly for seats on the board. The
9trustee districts must be drawn on or before January 1, 2020.
10Each trustee district must be compact, contiguous, and
11substantially equal in population.
12    (b) In the year following each decennial census, the
13General Assembly shall redistrict the trustee districts to
14reflect the results of the decennial census consistent with the
15requirements in subsection (a). The reapportionment plan shall
16be completed and formally approved by the General Assembly not
17less than 90 days before the last date established by law for
18the filing of nominating petitions for the second board
19election after the decennial census year. If by reapportionment
20a board member no longer resides within the trustee district
21from which the member was elected, the member shall continue to
22serve in office until the expiration of the member's regular
23term. All new members shall be elected from the trustee
24districts as reapportioned.



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1    (110 ILCS 805/7-3)  (from Ch. 122, par. 107-3)
2    Sec. 7-3. The organization of the board and election of
3officers for the a board appointed under Section 7-2 shall be
4conducted in accordance with the general election law and this
6(Source: P.A. 81-1489.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.