Full Text of SB0204 94th General Assembly
SB0204sam001 94TH GENERAL ASSEMBLY
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Sen. Martin A. Sandoval
Filed: 2/16/2005
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| AMENDMENT TO SENATE BILL 204
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| AMENDMENT NO. ______. Amend Senate Bill 204 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Section 10-9 as follows:
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| (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
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| 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.
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| 1. The State Board of Elections will hear and pass upon | 11 |
| objections
to the nominations of candidates for State offices,
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| nominations of candidates for congressional, legislative and | 13 |
| judicial
offices of districts or circuits situated in more than | 14 |
| one county, nominations
of candidates for the offices of | 15 |
| State's attorney or regional superintendent
of schools to be | 16 |
| elected from more than one county, and petitions for
proposed | 17 |
| amendments to the Constitution of the State of Illinois as
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| provided for in Section 3 of Article XIV of the Constitution.
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| 2. The county officers electoral board to hear and pass | 20 |
| upon
objections to the nominations of candidates for county | 21 |
| offices,
for congressional, legislative ,
and judicial , school | 22 |
| district, and community college district offices of a district | 23 |
| or
circuit coterminous with or less than a county, for | 24 |
| candidates for offices of a municipality of less than 1,000,000 |
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| population within the county, for school trustees to be
voted | 2 |
| for by the electors of the county or by the electors of a | 3 |
| township of
the county, for the township offices for a township | 4 |
| of the county, for the office of multi-township assessor where | 5 |
| candidates for
such office are nominated in accordance with | 6 |
| this Code, and for all special
district offices, shall be | 7 |
| composed of the county clerk, or an assistant
designated by the | 8 |
| county clerk, the State's attorney of the county or
an | 9 |
| Assistant State's Attorney designated by the State's Attorney, | 10 |
| and the
clerk of the circuit court, or an assistant designated | 11 |
| by the clerk of
the circuit court, of the county, of whom the | 12 |
| county clerk or his designee
shall be the chairman, except that | 13 |
| in any county which has established a
county board of election | 14 |
| commissioners that board
shall constitute the county officers | 15 |
| electoral board ex-officio.
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| 3. The municipal officers electoral board to hear and pass | 17 |
| upon
objections to the nominations of candidates for officers | 18 |
| of
municipalities of 1,000,000 or more population shall be | 19 |
| composed of the mayor or president of the board
of trustees of | 20 |
| the city, village or incorporated town, and the city,
village | 21 |
| or incorporated town clerk, and one member of the city council
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| or board of trustees, that member being designated who is | 23 |
| eligible to
serve on the electoral board and has served the
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| greatest number of years as a member of the city council or | 25 |
| board of
trustees, of whom the mayor or president of the board | 26 |
| of trustees shall
be the chairman.
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| 4. (Blank.)
The township officers electoral board to pass | 28 |
| upon objections to
the nominations of township officers shall | 29 |
| be composed of the township
supervisor, the town clerk, and | 30 |
| that eligible town trustee elected in the
township who has had | 31 |
| the longest term of continuous service as town
trustee, of whom | 32 |
| the township supervisor shall be the chairman.
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| 5. (Blank.)
The education officers electoral board to hear | 34 |
| and pass upon
objections to the nominations of candidates for |
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| offices in school or
community college districts shall be | 2 |
| composed of the presiding officer of
the school or community | 3 |
| college district board, who shall be the chairman,
the | 4 |
| secretary of the school or community college district board and | 5 |
| the
eligible elected school or community college board member | 6 |
| who has the
longest term of continuous service as a board | 7 |
| member.
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| 6. In all cases, however, where the Congressional or | 9 |
| Legislative
district is wholly within the jurisdiction of a | 10 |
| board of election
commissioners and in all cases where the | 11 |
| school district or special
district is wholly within the | 12 |
| jurisdiction of a municipal board of
election commissioners and | 13 |
| in all cases where the municipality or
township is wholly or | 14 |
| partially within the jurisdiction of a municipal
board of | 15 |
| election commissioners, the board of election commissioners
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| shall ex-officio constitute the electoral board.
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| For municipalities of less than 1,000,000 population and | 18 |
| for special districts , including townships and school and | 19 |
| community college district, situated in more than one county, | 20 |
| the county officers
electoral board of the county in which the | 21 |
| principal office of the district
is located has jurisdiction to | 22 |
| hear and pass upon objections. For purposes
of this Section, | 23 |
| "special districts" means all political subdivisions other
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| than counties and
, municipalities , townships and school and | 25 |
| community college
districts .
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| In the event that any member of the appropriate board is a | 27 |
| candidate
for the office with relation to which the objector's | 28 |
| petition is filed,
he shall not be eligible to serve on that | 29 |
| board and shall not act as
a member of the board and his place | 30 |
| shall be filled as follows:
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| a. In the county officers electoral board by the county
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| treasurer, and if he or she is ineligible to serve, by the | 33 |
| sheriff of the
county.
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| b. In the municipal officers electoral board by the |
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| eligible
elected city council or board of trustees member | 2 |
| who has served the second
greatest number of years as a | 3 |
| city council or board of trustees member.
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| c. In the township officers electoral board by the | 5 |
| eligible
elected town trustee who has had the second | 6 |
| longest term of continuous service
as a town trustee.
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| d. In the education officers electoral board by the | 8 |
| eligible
elected school or community college district | 9 |
| board member who has had the
second longest term of | 10 |
| continuous service as a board member.
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| In the event that the chairman of the electoral board is | 12 |
| ineligible
to act because of the fact that he is a candidate | 13 |
| for the office with
relation to which the objector's petition | 14 |
| is filed, then the substitute
chosen under the provisions of | 15 |
| this Section shall be the chairman; In
this case, the officer | 16 |
| or board with whom the objector's petition is
filed, shall | 17 |
| transmit the certificate of nomination or nomination papers
as | 18 |
| the case may be, and the objector's petition to the substitute
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| chairman of the electoral board.
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| When 2 or more eligible individuals, by reason of their | 21 |
| terms of service
on a city council or board of trustees, | 22 |
| township board of
trustees, or school or community college | 23 |
| district board, qualify to serve
on an electoral board, the one | 24 |
| to serve shall be chosen by lot.
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| Any vacancies on an electoral board not otherwise filled | 26 |
| pursuant to this
Section shall be filled by public members | 27 |
| appointed by the Chief Judge of
the Circuit Court for the | 28 |
| county wherein the electoral board hearing is
being held upon | 29 |
| notification to the Chief Judge of such
vacancies. The Chief | 30 |
| Judge shall be so notified by a member of the electoral
board | 31 |
| or the officer or board with whom the objector's petition was | 32 |
| filed.
In the event that none of the individuals designated by | 33 |
| this Section to
serve on the electoral board are eligible, the | 34 |
| chairman of an electoral
board shall be designated by the Chief |
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| Judge.
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| (Source: P.A. 87-570 .)".
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