Full Text of HB1885 97th General Assembly
HB1885 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1885 Introduced , by Rep. Robert Rita SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/10-9 | from Ch. 46, par. 10-9 |
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Amends the Election Code. Provides that the county officers electoral board shall also hear objector's petitions for candidates for offices in school or
community college districts.
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| | A BILL FOR |
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| 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 | 12 | | offices,
nominations of candidates for congressional, | 13 | | legislative and judicial
offices of districts, | 14 | | subcircuits, or circuits situated in more than one county, | 15 | | nominations
of candidates for the offices of State's | 16 | | attorney or regional superintendent
of schools to be | 17 | | elected from more than one county, and petitions for
| 18 | | proposed amendments to the Constitution of the State of | 19 | | Illinois as
provided for in Section 3 of Article XIV of the | 20 | | 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 |
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| 1 | | offices of a district, subcircuit, or
circuit coterminous | 2 | | with or less than a county, for school trustees to be
voted | 3 | | for by the electors of the county or by the electors of a | 4 | | township of
the county, for offices in school or
community | 5 | | college districts, for the office of multi-township | 6 | | assessor where candidates for
such office are nominated in | 7 | | accordance with this Code, and for all special
district | 8 | | offices, shall be composed of the county clerk, or an | 9 | | assistant
designated by the county clerk, the State's | 10 | | attorney of the county or
an Assistant State's Attorney | 11 | | designated by the State's Attorney, and the
clerk of the | 12 | | circuit court, or an assistant designated by the clerk of
| 13 | | the circuit court, of the county, of whom the county clerk | 14 | | or his designee
shall be the chairman, except that in any | 15 | | county which has established a
county board of election | 16 | | commissioners that board
shall constitute the county | 17 | | officers electoral board ex-officio.
| 18 | | 3. The municipal officers electoral board to hear and | 19 | | pass upon
objections to the nominations of candidates for | 20 | | officers of
municipalities shall be composed of the mayor | 21 | | or president of the board
of trustees of the city, village | 22 | | or incorporated town, and the city,
village or incorporated | 23 | | town clerk, and one member of the city council
or board of | 24 | | trustees, that member being designated who is eligible to
| 25 | | serve on the electoral board and has served the
greatest | 26 | | number of years as a member of the city council or board of
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| 1 | | trustees, of whom the mayor or president of the board of | 2 | | trustees shall
be the chairman.
| 3 | | 4. The township officers electoral board to pass upon | 4 | | objections to
the nominations of township officers shall be | 5 | | composed of the township
supervisor, the town clerk, and | 6 | | that eligible town trustee elected in the
township who has | 7 | | had the longest term of continuous service as town
trustee, | 8 | | of whom the township supervisor shall be the chairman.
| 9 | | 5. (Blank). The education officers electoral board to | 10 | | hear and pass upon
objections to the nominations of | 11 | | candidates for offices in school or
community college | 12 | | districts shall be composed of the presiding officer of
the | 13 | | school or community college district board, who shall be | 14 | | the chairman,
the secretary of the school or community | 15 | | college district board and the
eligible elected school or | 16 | | community college board member who has the
longest term of | 17 | | continuous service as a board member.
| 18 | | 6. In all cases, however, where the Congressional, | 19 | | Legislative, or Representative
district is wholly or | 20 | | partially within the jurisdiction of a single municipal | 21 | | board of election
commissioners in Cook County and in all | 22 | | cases where the school district or special
district is | 23 | | wholly within the jurisdiction of a municipal board of
| 24 | | election commissioners and in all cases where the | 25 | | municipality or
township is wholly or partially within the | 26 | | jurisdiction of a municipal
board of election |
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| 1 | | commissioners, the board of election commissioners
shall | 2 | | ex-officio constitute the electoral board.
| 3 | | For special districts situated in more than one county, the | 4 | | county officers
electoral board of the county in which the | 5 | | principal office of the district
is located has jurisdiction to | 6 | | hear and pass upon objections. For purposes
of this Section, | 7 | | "special districts" means all political subdivisions other
| 8 | | than counties, municipalities, townships and school and | 9 | | community college
districts.
| 10 | | In the event that any member of the appropriate board is a | 11 | | candidate
for the office with relation to which the objector's | 12 | | petition is filed,
he shall not be eligible to serve on that | 13 | | board and shall not act as
a member of the board and his place | 14 | | shall be filled as follows:
| 15 | | a. In the county officers electoral board by the county
| 16 | | treasurer, and if he or she is ineligible to serve, by the | 17 | | sheriff of the
county.
| 18 | | b. In the municipal officers electoral board by the | 19 | | eligible
elected city council or board of trustees member | 20 | | who has served the second
greatest number of years as a | 21 | | city council or board of trustees member.
| 22 | | c. In the township officers electoral board by the | 23 | | eligible
elected town trustee who has had the second | 24 | | longest term of continuous service
as a town trustee.
| 25 | | d. (Blank). In the education officers electoral board | 26 | | by the eligible
elected school or community college |
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| 1 | | district board member who has had the
second longest term | 2 | | of continuous service as a board member.
| 3 | | In the event that the chairman of the electoral board is | 4 | | ineligible
to act because of the fact that he is a candidate | 5 | | for the office with
relation to which the objector's petition | 6 | | is filed, then the substitute
chosen under the provisions of | 7 | | this Section shall be the chairman; In
this case, the officer | 8 | | or board with whom the objector's petition is
filed, shall | 9 | | transmit the certificate of nomination or nomination papers
as | 10 | | the case may be, and the objector's petition to the substitute
| 11 | | chairman of the electoral board.
| 12 | | When 2 or more eligible individuals, by reason of their | 13 | | terms of service
on a city council or board of trustees or , | 14 | | township board of
trustees, or school or community college | 15 | | district board, qualify to serve
on an electoral board, the one | 16 | | to serve shall be chosen by lot.
| 17 | | Any vacancies on an electoral board not otherwise filled | 18 | | pursuant to this
Section shall be filled by public members | 19 | | appointed by the Chief Judge of
the Circuit Court for the | 20 | | county wherein the electoral board hearing is
being held upon | 21 | | notification to the Chief Judge of such
vacancies. The Chief | 22 | | Judge shall be so notified by a member of the electoral
board | 23 | | or the officer or board with whom the objector's petition was | 24 | | filed.
In the event that none of the individuals designated by | 25 | | this Section to
serve on the electoral board are eligible, the | 26 | | chairman of an electoral
board shall be designated by the Chief |
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| 1 | | Judge.
| 2 | | (Source: P.A. 96-1008, eff. 7-6-10.)
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