Full Text of HB2418 98th General Assembly
HB2418 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2418 Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/10-1 | from Ch. 46, par. 10-1 |
10 ILCS 5/10-6 | from Ch. 46, par. 10-6 |
105 ILCS 5/10-10 | from Ch. 122, par. 10-10 |
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Amends the Election Code. Provides that certificates of
nomination and nomination papers for the nomination of school board candidates shall be filed during the 7-day period beginning on the first Tuesday of December immediately preceding the consolidated election. Amends the School Code. In a Section concerning school board members, provides that, if a vacancy occurs within 90 days before the first date for filing petitions for the next regularly scheduled consolidated election (now, with less
than 868 days remaining in the term or
less than 88
days before the next regularly scheduled election for the office), then the
person so appointed shall serve the remainder of the unexpired term and no
election to fill the vacancy shall be held.
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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 | 5 | | Sections 10-1 and 10-6 as follows:
| 6 | | (10 ILCS 5/10-1) (from Ch. 46, par. 10-1)
| 7 | | Sec. 10-1. Application of Article to minor political | 8 | | parties.
| 9 | | (a) Political parties as defined in this Article and | 10 | | individual
voters to the number and in the manner specified in | 11 | | this Article may
nominate candidates for public offices whose | 12 | | names shall be placed on
the ballot to be furnished, as | 13 | | provided in this Article. No
nominations may be made under this | 14 | | Article 10, however, by any
established political party which, | 15 | | at the general election next
preceding, polled more than 5% of | 16 | | the entire vote cast in the State,
district, or unit of local | 17 | | government for which the nomination is made.
Those nominations | 18 | | provided for in Section 45-5 of the Township Code
shall be made | 19 | | as prescribed in Sections 45-10 through 45-45 of that
Code for | 20 | | nominations
by established political parties, but minor | 21 | | political parties and
individual voters are governed by this | 22 | | Article. Any convention,
caucus, or meeting of qualified voters | 23 | | of any established political party
as defined in this Article |
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| 1 | | may, however, make one
nomination for each office therein to be
| 2 | | filled at any election for officers of a municipality with a | 3 | | population
of less than 5,000 by causing a certificate of | 4 | | nomination to be filed
with the municipal clerk as provided in | 5 | | Section 10-6 of this Code no earlier than 113 and no later than | 6 | | 106 days before
the election at which the nominated candidates | 7 | | are to be on the ballot .
The municipal caucuses shall be | 8 | | conducted on the first Monday in December of even-numbered | 9 | | years,
except that, when that Monday is a holiday or the eve
of | 10 | | a holiday, the caucuses shall be held on the next business day | 11 | | following the
holiday. Every certificate of nomination shall
| 12 | | state the facts required in Section 10-5 of this Article and
| 13 | | shall be signed by the presiding officer and by the secretary | 14 | | of the
convention, caucus, or meeting, who shall add to their | 15 | | signatures their
places of residence. The certificates shall be | 16 | | sworn to by them to be
true to the best of their knowledge and | 17 | | belief, and a certificate of the
oath shall be annexed to the | 18 | | certificate of nomination.
| 19 | | (b) Publication of the time and place of holding the caucus | 20 | | shall be given
by the municipal clerk. For municipalities of | 21 | | over 500 population, notice
of the caucus shall be published in | 22 | | a newspaper published in the
municipality. If there is no such | 23 | | newspaper, then the notice
shall be published in a newspaper
| 24 | | published in the county and having general circulation in the | 25 | | municipality.
For municipalities of 500 population or less,
| 26 | | notice of the caucus shall be given by the municipal clerk by |
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| 1 | | posting the
notice in 3 of the most public places in the | 2 | | municipality. The
publication or posting shall be given at | 3 | | least 10 days before the caucus.
| 4 | | (c) As provided in Sections 3.1-25-20 through 3.1-25-60 of | 5 | | the Illinois
Municipal Code, a village may adopt a system of | 6 | | nonpartisan primary and general
elections for the election of | 7 | | village officers.
| 8 | | (d) Any city, village, or incorporated town with a | 9 | | population of 5,000 or
less may, by ordinance, determine that | 10 | | established political parties shall
nominate candidates for | 11 | | municipal office in the city, village, or
incorporated town by | 12 | | primary in accordance with Article 7.
| 13 | | (e) Only those voters who reside within the territory for | 14 | | which the
nomination is made shall be permitted to vote or take | 15 | | part in the
proceedings of any convention, caucus, or meeting | 16 | | of individual voters or
of any political party held under this | 17 | | Section.
No voter shall vote or take part in the proceedings of | 18 | | more than one
convention, caucus, or meeting to make a | 19 | | nomination for the same office.
| 20 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 21 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 22 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 23 | | nomination and nomination papers for the nomination of | 24 | | candidates for
offices to be filled by electors of the entire | 25 | | State, or any district
not entirely within a county, or for |
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| 1 | | congressional, state legislative or
judicial offices, shall be | 2 | | presented to the principal office of the
State Board of | 3 | | Elections not more than 141 nor less than 134
days previous
to | 4 | | the day of election for which the candidates are nominated. The
| 5 | | State Board of Elections shall endorse the certificates of | 6 | | nomination or
nomination papers, as the case may be, and the | 7 | | date and hour of
presentment to it. Except as otherwise | 8 | | provided in this section, all
other certificates for the | 9 | | nomination of candidates shall be filed with
the county clerk | 10 | | of the respective counties not more than 141 but at
least 134 | 11 | | days previous to the day of such election. Certificates
of
| 12 | | nomination and nomination papers for the nomination of | 13 | | candidates for
the offices of political subdivisions to be | 14 | | filled at regular elections
other than the general election | 15 | | shall be filed with the local election
official of such | 16 | | subdivision:
| 17 | | (1) (Blank);
| 18 | | (2) not more than 113 nor less than 106 days prior to | 19 | | the
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 ; or .
| 10 | | (7) in the case of petitions for school boards, during | 11 | | the 7-day period beginning on the first Tuesday of December | 12 | | immediately preceding the consolidated election. | 13 | | However, where a political subdivision's boundaries are | 14 | | co-extensive
with or are entirely within the jurisdiction of a | 15 | | municipal board of
election commissioners, the certificates of | 16 | | nomination and nomination
papers for candidates for such | 17 | | political subdivision offices shall be filed
in the office of | 18 | | such Board.
| 19 | | (Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
| 20 | | Section 10. The School Code is amended by changing Section | 21 | | 10-10 as follows:
| 22 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| 23 | | Sec. 10-10. Board of education; Term; Vacancy. All school | 24 | | districts
having a population of not fewer than 1,000 and not |
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| 1 | | more than 500,000
inhabitants, as ascertained by any special or | 2 | | general census, and not
governed by special Acts, shall be | 3 | | governed by a board of education
consisting of 7 members, | 4 | | serving without compensation except as herein
provided. Each | 5 | | member shall be elected for a term of 4 years for the initial | 6 | | members
of the board of education of a combined school district | 7 | | to which that
subsection applies. If 5 members are elected in | 8 | | 1983 pursuant to the extension
of terms provided by
law for | 9 | | transition to the consolidated election schedule under the | 10 | | general
election law, 2 of those members shall be elected to | 11 | | serve terms of 2 years
and 3 shall be elected to serve terms of | 12 | | 4 years; their successors shall
serve for a 4 year term. When | 13 | | the voters of a district have voted to elect
members of the | 14 | | board of education for 6 year terms, as provided in Section
| 15 | | 9-5, the terms of office of members of the board of education | 16 | | of that
district expire when their successors assume office but | 17 | | not later than 7
days after such election. If at the regular | 18 | | school election held in the
first odd-numbered year after the | 19 | | determination to elect members for 6 year
terms 2 members are | 20 | | elected, they shall serve for a 6 year term; and of the
members | 21 | | elected at the next regular school election 3 shall serve for a
| 22 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter | 23 | | members
elected in such districts shall be elected to a 6 year | 24 | | term. If at the
regular school election held in the first | 25 | | odd-numbered year after the
determination to elect members for | 26 | | 6 year terms 3 members are elected, they
shall serve for a 6 |
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| 1 | | year term; and of the members elected at the next
regular | 2 | | school election 2 shall serve for a term of 2 years and 2 shall
| 3 | | serve for a term of 6 years. Thereafter members elected in such | 4 | | districts
shall be elected to a 6 year term. If at the regular | 5 | | school election held
in the first odd-numbered year after the | 6 | | determination to elect members for
6 year terms 4 members are | 7 | | elected, 3 shall serve for a term of 6 years and
one shall | 8 | | serve for a term of 2 years; and of the members elected at the
| 9 | | next regular school election 2 shall serve for terms of 6 years | 10 | | and 2 shall
serve for terms of 2 years. Thereafter members | 11 | | elected in such districts
shall be elected to a 6 year term. If | 12 | | at the regular school election held
in the first odd-numbered | 13 | | year after the determination to elect members for
a 6 year term | 14 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 15 | | shall serve for a term of 2 years; and of the members elected | 16 | | at the
next regular school election 2 shall serve for terms of | 17 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter | 18 | | members elected in such districts
shall be elected to a 6 year | 19 | | term. An election for board members shall not
be held in school | 20 | | districts which by consolidation, annexation or otherwise
| 21 | | shall cease to exist as a school district within 6 months after | 22 | | the
election date, and the term of all board members which | 23 | | would otherwise
terminate shall be continued until such | 24 | | district shall cease to exist. Each
member, on the date of his | 25 | | or her election, shall be a
citizen of the United
States of the | 26 | | age of 18 years or over, shall be a resident of the State and
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| 1 | | the
territory of the district for at least one year immediately | 2 | | preceding his or
her
election, shall be a registered voter as | 3 | | provided in the general election
law,
shall not be a school | 4 | | trustee, and shall not be a child
sex offender as defined in | 5 | | Section 11-9.3 of the
Criminal Code of 2012. When the board of
| 6 | | education is the successor of the school directors, all rights | 7 | | of property,
and all rights regarding causes of action existing | 8 | | or vested in such
directors, shall vest in it as fully as they | 9 | | were vested in the school
directors. Terms of members are | 10 | | subject to Section 2A-54 of the Election Code.
| 11 | | Nomination papers filed under this Section are not valid | 12 | | unless the candidate
named therein files with the secretary of | 13 | | the board of education or with
a person designated by the board | 14 | | to receive nominating petitions a receipt
from the county clerk | 15 | | showing that the candidate has filed a statement of
economic | 16 | | interests as required by the Illinois Governmental Ethics Act.
| 17 | | Such receipt shall be so filed either previously during the | 18 | | calendar year
in which his nomination papers were filed or | 19 | | within the period for the filing
of nomination papers in | 20 | | accordance with the general election law.
| 21 | | Whenever a vacancy occurs, the remaining members shall | 22 | | notify the
regional superintendent of that vacancy within 5 | 23 | | days after its occurrence
and shall proceed to fill the vacancy | 24 | | until the next regular school
election, at which election a | 25 | | successor shall be elected to serve the
remainder of the | 26 | | unexpired term. However, if , on and after the effective date of |
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| 1 | | this amendatory Act of the 98th General Assembly, the vacancy | 2 | | occurs within 90 days before the first date for filing | 3 | | petitions for the next regularly scheduled consolidated | 4 | | election, with less
than 868 days remaining in the term, or if | 5 | | the vacancy occurs
less than 88
days before the next regularly | 6 | | scheduled election for this office then the
person so appointed | 7 | | shall serve the remainder of the unexpired term, and no
| 8 | | election to fill the vacancy shall be held. Should they fail so | 9 | | to
act, within 45 days after the vacancy occurs, the regional | 10 | | superintendent
of schools under whose supervision and control | 11 | | the district is operating,
as defined in Section 3-14.2 of this | 12 | | Act, shall within 30 days after the
remaining members have | 13 | | failed to fill the vacancy, fill the vacancy as
provided for | 14 | | herein. Upon the regional superintendent's failure to fill the
| 15 | | vacancy, the vacancy shall be filled at the next regularly | 16 | | scheduled
election. Whether elected or appointed by the | 17 | | remaining members or regional
superintendent, the successor | 18 | | shall be an inhabitant of the particular area
from which his or | 19 | | her predecessor was elected if the residential requirements
| 20 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 21 | | A board of education may appoint a student to the board to | 22 | | serve in an advisory capacity. The student member shall serve | 23 | | for a term as determined by the board. The board may not grant | 24 | | the student member any voting privileges, but shall consider | 25 | | the student member as an advisor. The student member may not | 26 | | participate in or attend any executive session of the board.
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| 1 | | (Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
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