Full Text of SB1927 97th General Assembly
SB1927sam002 97TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 1927
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1927 on page 2, | 3 | | line 14, after "10-1,", by inserting "10-6,"; and
| 4 | | on page 31, immediately below line 26, by inserting the | 5 | | following:
| 6 | | "(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 7 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 8 | | nomination and nomination papers for the nomination of | 9 | | candidates for
offices to be filled by electors of the entire | 10 | | State, or any district
not entirely within a county, or for | 11 | | congressional, state legislative or
judicial offices, shall be | 12 | | presented to the principal office of the
State Board of | 13 | | Elections not more than 141 nor less than 134
days previous
to | 14 | | the day of election for which the candidates are nominated. The
| 15 | | State Board of Elections shall endorse the certificates of | 16 | | nomination or
nomination papers, as the case may be, and the |
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| 1 | | date and hour of
presentment to it. Except as otherwise | 2 | | provided in this section, all
other certificates for the | 3 | | nomination of candidates shall be filed with
the county clerk | 4 | | of the respective counties not more than 141 but at
least 134 | 5 | | days previous to the day of such election. Certificates
of
| 6 | | nomination and nomination papers for the nomination of | 7 | | candidates for
the offices of political subdivisions to be | 8 | | filled at regular elections
other than the general election | 9 | | shall be filed with the local election
official of such | 10 | | subdivision:
| 11 | | (1) (Blank);
| 12 | | (2) not more than 113 nor less than 106 days prior to | 13 | | the
consolidated
election , provided however, that | 14 | | nomination papers for the nomination of candidates for the | 15 | | offices of elected members of school boards, directors of | 16 | | boards of school directors, and school boards in school | 17 | | districts that adopt Article 33 of the School Code shall be | 18 | | filed not more than 127 nor less than 120 days prior to the | 19 | | consolidated election ; or
| 20 | | (3) not more than 113 nor less than 106 days prior to | 21 | | the general
primary in the case of municipal offices to be | 22 | | filled at the general
primary election; or
| 23 | | (4) not more than 99 nor less than 92 days before the
| 24 | | consolidated
primary in the case of municipal offices to be | 25 | | elected on a nonpartisan
basis pursuant to law (including | 26 | | without limitation, those municipal
offices subject to |
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| 1 | | Articles 4 and 5 of the Municipal Code); or
| 2 | | (5) not more than 113 nor less than 106 days before the | 3 | | municipal
primary in even numbered years for such | 4 | | nonpartisan municipal offices
where annual elections are | 5 | | provided; or
| 6 | | (6) in the case of petitions for the office of | 7 | | multi-township assessor,
such petitions shall be filed | 8 | | with the election authority not more than
113 nor less than | 9 | | 106 days before the consolidated election.
| 10 | | However, where a political subdivision's boundaries are | 11 | | co-extensive
with or are entirely within the jurisdiction of a | 12 | | municipal board of
election commissioners, the certificates of | 13 | | nomination and nomination
papers for candidates for such | 14 | | political subdivision offices shall be filed
in the office of | 15 | | such Board.
| 16 | | (Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)"; | 17 | | and
| 18 | | by replacing everything from line 23 on page 77 through line 25 | 19 | | on page 81 with the following:
| 20 | | "(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| 21 | | Sec. 10-10. Board of education; Term; Vacancy. All school | 22 | | districts
having a population of not fewer than 1,000 and not | 23 | | more than 500,000
inhabitants, as ascertained by any special or | 24 | | general census, and not
governed by special Acts, shall be |
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| 1 | | governed by a board of education
consisting of 7 members, | 2 | | serving without compensation except as herein
provided. Each | 3 | | member shall be elected for a term of 4 years for the initial | 4 | | members
of the board of education of a combined school district | 5 | | to which that
subsection applies. If 5 members are elected in | 6 | | 1983 pursuant to the extension
of terms provided by
law for | 7 | | transition to the consolidated election schedule under the | 8 | | general
election law, 2 of those members shall be elected to | 9 | | serve terms of 2 years
and 3 shall be elected to serve terms of | 10 | | 4 years; their successors shall
serve for a 4 year term. When | 11 | | the voters of a district have voted to elect
members of the | 12 | | board of education for 6 year terms, as provided in Section
| 13 | | 9-5, the terms of office of members of the board of education | 14 | | of that
district expire when their successors assume office but | 15 | | not later than 7
days after such election. If at the regular | 16 | | school election held in the
first odd-numbered year after the | 17 | | determination to elect members for 6 year
terms 2 members are | 18 | | elected, they shall serve for a 6 year term; and of the
members | 19 | | elected at the next regular school election 3 shall serve for a
| 20 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter | 21 | | members
elected in such districts shall be elected to a 6 year | 22 | | term. If at the
regular school election held in the first | 23 | | odd-numbered year after the
determination to elect members for | 24 | | 6 year terms 3 members are elected, they
shall serve for a 6 | 25 | | year term; and of the members elected at the next
regular | 26 | | school election 2 shall serve for a term of 2 years and 2 shall
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| 1 | | serve for a term of 6 years. Thereafter members elected in such | 2 | | districts
shall be elected to a 6 year term. If at the regular | 3 | | school election held
in the first odd-numbered year after the | 4 | | determination to elect members for
6 year terms 4 members are | 5 | | elected, 3 shall serve for a term of 6 years and
one shall | 6 | | serve for a term of 2 years; and of the members elected at the
| 7 | | next regular school election 2 shall serve for terms of 6 years | 8 | | and 2 shall
serve for terms of 2 years. Thereafter members | 9 | | elected in such districts
shall be elected to a 6 year term. If | 10 | | at the regular school election held
in the first odd-numbered | 11 | | year after the determination to elect members for
a 6 year term | 12 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 13 | | shall serve for a term of 2 years; and of the members elected | 14 | | at the
next regular school election 2 shall serve for terms of | 15 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter | 16 | | members elected in such districts
shall be elected to a 6 year | 17 | | term. An election for board members shall not
be held in school | 18 | | districts which by consolidation, annexation or otherwise
| 19 | | shall cease to exist as a school district within 6 months after | 20 | | the
election date, and the term of all board members which | 21 | | would otherwise
terminate shall be continued until such | 22 | | district shall cease to exist. Each
member, on the date of his | 23 | | or her election, shall be a
citizen of the United
States of the | 24 | | age of 18 years or over, shall be a resident of the State and
| 25 | | the
territory of the district for at least one year immediately | 26 | | preceding his or
her
election, shall be a registered voter as |
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| 1 | | provided in the general election
law,
shall not be a school | 2 | | trustee, and shall not be a child
sex offender as defined in | 3 | | Section 11-9.3 of the
Criminal Code of 1961. When the board of
| 4 | | education is the successor of the school directors, all rights | 5 | | of property,
and all rights regarding causes of action existing | 6 | | or vested in such
directors, shall vest in it as fully as they | 7 | | were vested in the school
directors. Terms of members are | 8 | | subject to Section 2A-54 of the Election Code.
| 9 | | Nomination papers filed under this Section are not valid | 10 | | unless the candidate
named therein files with the secretary of | 11 | | the board of education or with
a person designated by the board | 12 | | to receive nominating petitions a receipt
from the county clerk | 13 | | showing that the candidate has filed a statement of
economic | 14 | | interests as required by the Illinois Governmental Ethics Act.
| 15 | | Such receipt shall be so filed either previously during the | 16 | | calendar year
in which his nomination papers were filed or | 17 | | within the period for the filing
of nomination papers in | 18 | | accordance with the general election law.
| 19 | | Whenever a vacancy occurs, the remaining members shall | 20 | | notify the
regional superintendent of that vacancy within 5 | 21 | | days after its occurrence
and shall proceed to fill the vacancy | 22 | | until the next regular school
election, at which election a | 23 | | successor shall be elected to serve the
remainder of the | 24 | | unexpired term. However, if , after the effective date of this | 25 | | amendatory Act of the 97th General Assembly, the vacancy occurs | 26 | | within 30 days before the first date for filing petitions for |
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| 1 | | the next regularly scheduled consolidated election, with less
| 2 | | than 868 days remaining in the term, or if the vacancy occurs
| 3 | | less than 88
days before the next regularly scheduled election | 4 | | for this office then the
person so appointed shall serve the | 5 | | remainder of the unexpired term, and no
election to fill the | 6 | | vacancy shall be held. Should they fail so to
act, within 45 | 7 | | days after the vacancy occurs, the regional superintendent
of | 8 | | schools under whose supervision and control the district is | 9 | | operating,
as defined in Section 3-14.2 of this Act, shall | 10 | | within 30 days after the
remaining members have failed to fill | 11 | | the vacancy, fill the vacancy as
provided for herein. Upon the | 12 | | regional superintendent's failure to fill the
vacancy, the | 13 | | vacancy shall be filled at the next regularly scheduled
| 14 | | election. Whether elected or appointed by the remaining members | 15 | | or regional
superintendent, the successor shall be an | 16 | | inhabitant of the particular area
from which his or her | 17 | | predecessor was elected if the residential requirements
| 18 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 19 | | A board of education may appoint a student to the board to | 20 | | serve in an advisory capacity. The student member shall serve | 21 | | for a term as determined by the board. The board may not grant | 22 | | the student member any voting privileges, but shall consider | 23 | | the student member as an advisor. The student member may not | 24 | | participate in or attend any executive session of the board.
| 25 | | (Source: P.A. 96-538, eff. 8-14-09.)".
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