Full Text of HB5001 94th General Assembly
HB5001 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5001
Introduced 01/23/06, by Rep. Karen A. Yarbrough SYNOPSIS AS INTRODUCED: |
|
10 ILCS 5/10-9 |
from Ch. 46, par. 10-9 |
|
Amends the Election Code. Eliminates education officers electoral boards. Provides that their functions shall be performed by the county officers electoral boards, except that the State Board of Elections shall serve as the electoral board for school districts and community college districts in more than one county.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB5001 |
|
LRB094 18954 JAM 54413 b |
|
| 1 |
| AN ACT concerning elections.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Election Code is amended by changing Section | 5 |
| 10-9 as follows:
| 6 |
| (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| 7 |
| Sec. 10-9. The following electoral boards are designated | 8 |
| for the
purpose of hearing and passing upon the objector's | 9 |
| petition described in
Section 10-8.
| 10 |
| 1. The State Board of Elections will hear and pass upon | 11 |
| objections
to the nominations of candidates for State offices,
| 12 |
| nominations of candidates for congressional, legislative and | 13 |
| judicial
offices of districts, subcircuits, or circuits | 14 |
| situated in more than one county, nominations
of candidates for | 15 |
| the offices of State's attorney or regional superintendent
of | 16 |
| schools to be elected from more than one county, nominations of | 17 |
| candidates for offices of a school or community college | 18 |
| district in more than one county, and petitions for
proposed | 19 |
| amendments to the Constitution of the State of Illinois as
| 20 |
| provided for in Section 3 of Article XIV of the Constitution.
| 21 |
| 2. The county officers electoral board to hear and pass | 22 |
| upon
objections to the nominations of candidates for county | 23 |
| offices,
for congressional, legislative and judicial offices | 24 |
| of a district, subcircuit, or
circuit coterminous with or less | 25 |
| than a county, for school trustees to be
voted for by the | 26 |
| electors of the county or by the electors of a township of
the | 27 |
| county, for offices of a school or community college district | 28 |
| within the county, for the office of multi-township assessor | 29 |
| where candidates for
such office are nominated in accordance | 30 |
| with this Code, and for all special
district offices, shall be | 31 |
| composed of the county clerk, or an assistant
designated by the | 32 |
| county clerk, the State's attorney of the county or
an |
|
|
|
HB5001 |
- 2 - |
LRB094 18954 JAM 54413 b |
|
| 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. (Blank.)
The education officers electoral board to hear | 25 |
| and pass upon
objections to the nominations of candidates for | 26 |
| offices in school or
community college districts shall be | 27 |
| composed of the presiding officer of
the school or community | 28 |
| college district board, who shall be the chairman,
the | 29 |
| secretary of the school or community college district board and | 30 |
| the
eligible elected school or community college board member | 31 |
| who has the
longest term of continuous service as a board | 32 |
| member.
| 33 |
| 6. In all cases, however, where the Congressional or | 34 |
| Legislative
district is wholly within the jurisdiction of a | 35 |
| board of election
commissioners and in all cases where the | 36 |
| school district or special
district is wholly within the |
|
|
|
HB5001 |
- 3 - |
LRB094 18954 JAM 54413 b |
|
| 1 |
| jurisdiction of a municipal board of
election commissioners and | 2 |
| in all cases where the municipality or
township is wholly or | 3 |
| partially within the jurisdiction of a municipal
board of | 4 |
| election commissioners, the board of election commissioners
| 5 |
| shall ex-officio constitute the electoral board.
| 6 |
| For special districts situated in more than one county, the | 7 |
| county officers
electoral board of the county in which the | 8 |
| principal office of the district
is located has jurisdiction to | 9 |
| hear and pass upon objections. For purposes
of this Section, | 10 |
| "special districts" means all political subdivisions other
| 11 |
| than counties, municipalities, townships and school and | 12 |
| community college
districts.
| 13 |
| In the event that any member of the appropriate board is a | 14 |
| candidate
for the office with relation to which the objector's | 15 |
| petition is filed,
he shall not be eligible to serve on that | 16 |
| board and shall not act as
a member of the board and his place | 17 |
| shall be filled as follows:
| 18 |
| a. In the county officers electoral board by the county
| 19 |
| treasurer, and if he or she is ineligible to serve, by the | 20 |
| sheriff of the
county.
| 21 |
| b. In the municipal officers electoral board by the | 22 |
| eligible
elected city council or board of trustees member | 23 |
| who has served the second
greatest number of years as a | 24 |
| city council or board of trustees member.
| 25 |
| c. In the township officers electoral board by the | 26 |
| eligible
elected town trustee who has had the second | 27 |
| longest term of continuous service
as a town trustee.
| 28 |
| d. In the education officers electoral board by the | 29 |
| eligible
elected school or community college district | 30 |
| board member who has had the
second longest term of | 31 |
| continuous service as a board member.
| 32 |
| In the event that the chairman of the electoral board is | 33 |
| ineligible
to act because of the fact that he is a candidate | 34 |
| for the office with
relation to which the objector's petition | 35 |
| is filed, then the substitute
chosen under the provisions of | 36 |
| this Section shall be the chairman; In
this case, the officer |
|
|
|
HB5001 |
- 4 - |
LRB094 18954 JAM 54413 b |
|
| 1 |
| or board with whom the objector's petition is
filed, shall | 2 |
| transmit the certificate of nomination or nomination papers
as | 3 |
| the case may be, and the objector's petition to the substitute
| 4 |
| chairman of the electoral board.
| 5 |
| When 2 or more eligible individuals, by reason of their | 6 |
| terms of service
on a city council or board of trustees, or
| 7 |
| township board of
trustees, or school or community college | 8 |
| district board, qualify to serve
on an electoral board, the one | 9 |
| to serve shall be chosen by lot.
| 10 |
| Any vacancies on an electoral board not otherwise filled | 11 |
| pursuant to this
Section shall be filled by public members | 12 |
| appointed by the Chief Judge of
the Circuit Court for the | 13 |
| county wherein the electoral board hearing is
being held upon | 14 |
| notification to the Chief Judge of such
vacancies. The Chief | 15 |
| Judge shall be so notified by a member of the electoral
board | 16 |
| or the officer or board with whom the objector's petition was | 17 |
| filed.
In the event that none of the individuals designated by | 18 |
| this Section to
serve on the electoral board are eligible, the | 19 |
| chairman of an electoral
board shall be designated by the Chief | 20 |
| Judge.
| 21 |
| (Source: P.A. 94-645, eff. 8-22-05.)
|
|