Full Text of HB5001 94th General Assembly
HB5001ham001 94TH GENERAL ASSEMBLY
|
Elections & Campaign Reform Committee
Filed: 2/14/2006
|
|
09400HB5001ham001 |
|
LRB094 18954 JAM 55892 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 5001
| 2 |
| AMENDMENT NO. ______. Amend House Bill 5001 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Election Code is amended by changing | 5 |
| Section 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, and petitions | 17 |
| for
proposed amendments to the Constitution of the State of | 18 |
| Illinois as
provided for in Section 3 of Article XIV of the | 19 |
| Constitution.
| 20 |
| 2. The county officers electoral board to hear and pass | 21 |
| upon
objections to the nominations of candidates for county | 22 |
| offices,
for congressional, legislative and judicial offices | 23 |
| of a district, subcircuit, or
circuit coterminous with or less | 24 |
| than a county, for school trustees to be
voted for by the |
|
|
|
09400HB5001ham001 |
- 2 - |
LRB094 18954 JAM 55892 a |
|
| 1 |
| electors of the county or by the electors of a township of
the | 2 |
| county, for offices of a school or community college district | 3 |
| within the county, for the office of multi-township assessor | 4 |
| where candidates for
such office are nominated in accordance | 5 |
| with this Code, and for all special
district offices, shall be | 6 |
| composed of the county clerk, or an assistant
designated by the | 7 |
| county clerk, the State's attorney of the county or
an | 8 |
| Assistant State's Attorney designated by the State's Attorney, | 9 |
| and the
clerk of the circuit court, or an assistant designated | 10 |
| by the clerk of
the circuit court, of the county, of whom the | 11 |
| county clerk or his designee
shall be the chairman, except that | 12 |
| in any county which has established a
county board of election | 13 |
| commissioners that board
shall constitute the county officers | 14 |
| electoral board ex-officio.
| 15 |
| 3. The municipal officers electoral board to hear and pass | 16 |
| upon
objections to the nominations of candidates for officers | 17 |
| of
municipalities shall be composed of the mayor or president | 18 |
| of the board
of trustees of the city, village or incorporated | 19 |
| town, and the city,
village or incorporated town clerk, and one | 20 |
| member of the city council
or board of trustees, that member | 21 |
| being designated who is eligible to
serve on the electoral | 22 |
| board and has served the
greatest number of years as a member | 23 |
| of the city council or board of
trustees, of whom the mayor or | 24 |
| president of the board of trustees shall
be the chairman.
| 25 |
| 4. The township officers electoral board to pass upon | 26 |
| objections to
the nominations of township officers shall be | 27 |
| composed of the township
supervisor, the town clerk, and that | 28 |
| eligible town trustee elected in the
township who has had the | 29 |
| longest term of continuous service as town
trustee, of whom the | 30 |
| township supervisor shall be the chairman.
| 31 |
| 5. (Blank.)
The education officers electoral board to hear | 32 |
| and pass upon
objections to the nominations of candidates for | 33 |
| offices in school or
community college districts shall be | 34 |
| composed of the presiding officer of
the school or community |
|
|
|
09400HB5001ham001 |
- 3 - |
LRB094 18954 JAM 55892 a |
|
| 1 |
| college district board, who shall be the chairman,
the | 2 |
| secretary of the school or community college district board and | 3 |
| the
eligible elected school or community college board member | 4 |
| who has the
longest term of continuous service as a board | 5 |
| 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, and 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:
| 27 |
| a. In the county officers electoral board by the county
| 28 |
| treasurer, and if he or she is ineligible to serve, by the | 29 |
| sheriff of the
county.
| 30 |
| b. In the municipal officers electoral board by the | 31 |
| eligible
elected city council or board of trustees member | 32 |
| who has served the second
greatest number of years as a | 33 |
| city council or board of trustees member.
| 34 |
| c. In the township officers electoral board by the |
|
|
|
09400HB5001ham001 |
- 4 - |
LRB094 18954 JAM 55892 a |
|
| 1 |
| eligible
elected town trustee who has had the second | 2 |
| longest term of continuous service
as a town trustee.
| 3 |
| d. In the education officers electoral board by the | 4 |
| eligible
elected school or community college district | 5 |
| board member who has had the
second longest term of | 6 |
| continuous service as a board member.
| 7 |
| In the event that the chairman of the electoral board is | 8 |
| ineligible
to act because of the fact that he is a candidate | 9 |
| for the office with
relation to which the objector's petition | 10 |
| is filed, then the substitute
chosen under the provisions of | 11 |
| this Section shall be the chairman; In
this case, the officer | 12 |
| or board with whom the objector's petition is
filed, shall | 13 |
| transmit the certificate of nomination or nomination papers
as | 14 |
| the case may be, and the objector's petition to the substitute
| 15 |
| chairman of the electoral board.
| 16 |
| When 2 or more eligible individuals, by reason of their | 17 |
| terms of service
on a city council or board of trustees, or
| 18 |
| township board of
trustees, or school or community college | 19 |
| district board, qualify to serve
on an electoral board, the one | 20 |
| to serve shall be chosen by lot.
| 21 |
| Any vacancies on an electoral board not otherwise filled | 22 |
| pursuant to this
Section shall be filled by public members | 23 |
| appointed by the Chief Judge of
the Circuit Court for the | 24 |
| county wherein the electoral board hearing is
being held upon | 25 |
| notification to the Chief Judge of such
vacancies. The Chief | 26 |
| Judge shall be so notified by a member of the electoral
board | 27 |
| or the officer or board with whom the objector's petition was | 28 |
| filed.
In the event that none of the individuals designated by | 29 |
| this Section to
serve on the electoral board are eligible, the | 30 |
| chairman of an electoral
board shall be designated by the Chief | 31 |
| Judge.
| 32 |
| (Source: P.A. 94-645, eff. 8-22-05.)".
|
|