Full Text of HB3817 98th General Assembly
HB3817ham001 98TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 11/6/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3817
| 2 | | AMENDMENT NO. ______. Amend House Bill 3817 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 9-10 as follows:
| 6 | | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
| 7 | | Sec. 9-10. Candidates for office - Nominating petitions. | 8 | | Candidates for
the office of school director shall be nominated | 9 | | by petition signed by at
least 25 voters or 5% of the voters, | 10 | | whichever is less, residing within
the district and filed with | 11 | | the county clerk or the county board of election commissioners, | 12 | | as the case may be, of the county in which the principal office | 13 | | of the school district is located.
| 14 | | Nominations for members of boards of education, including | 15 | | non-high school
boards of education shall be made by a petition | 16 | | signed by at least 50 voters
or 10% of the voters, whichever is |
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| 1 | | less, residing within the district and
shall be filed with the | 2 | | county clerk or the county board of election commissioners, as | 3 | | the case may be, of the county in which the principal office of | 4 | | the school district is located. In addition
to the requirements | 5 | | of the general election law, the form of such petitions
shall | 6 | | be substantially as follows:
| 7 | | NOMINATING PETITIONS
| 8 | | (LEAVE OUT THE INAPPLICABLE PART.)
| 9 | | To the (County Clerk or County Board of Election | 10 | | Commissioners) .... of .... County:
| 11 | | We the undersigned, being (.... or more) (or 10% or more) | 12 | | (or 5% or more)
of the voters residing within said district, | 13 | | hereby petition that .... who
resides at .... in the (city or | 14 | | village) of .... in Township .... (or who
resides outside any | 15 | | city, village or incorporated town and in Township ....) in
| 16 | | said district shall be a candidate for the office of .... of | 17 | | the board of
education (or board of directors) (full term) | 18 | | (vacancy) to be voted for at the
election to be held on (insert | 19 | | date).
| 20 | | Name: .................. Address: ...................
| 21 | | In the designation of the name of a candidate on a petition | 22 | | for
nomination, the candidate's given name or names, initial or | 23 | | initials, a nickname by which the candidate is commonly known, | 24 | | or a combination thereof may be used in addition to the | 25 | | candidate's surname. If a candidate has changed his or her |
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| 1 | | name, whether by a statutory or common law procedure in | 2 | | Illinois or any other jurisdiction, within 3 years before the | 3 | | last day for filing the petition, then (i) the candidate's name | 4 | | on the petition must be followed by "formerly known as (list | 5 | | all prior names during the 3-year period) until name changed on | 6 | | (list date of each such name change)" and (ii) the petition | 7 | | must be accompanied by the candidate's affidavit stating the | 8 | | candidate's previous names during the period specified in | 9 | | clause (i) and the date or dates each of those names was | 10 | | changed; failure to meet these requirements shall be grounds | 11 | | for denying certification of the candidate's name for the | 12 | | ballot, but these requirements do not apply to name changes | 13 | | resulting from adoption to assume an adoptive parent's or | 14 | | parents' surname, marriage to assume a spouse's surname, or | 15 | | dissolution of marriage or declaration of invalidity of | 16 | | marriage to assume a former surname. No other designation, such | 17 | | as a political slogan, as defined by Section 7-17 of the | 18 | | Election Code, title or degree, or nickname suggesting or | 19 | | implying possession of a title, degree or professional status, | 20 | | or similar information may be used in connection with the | 21 | | candidate's surname.
| 22 | | Nomination papers filed under this Section are not valid | 23 | | unless the candidate
named therein files with the county clerk | 24 | | or the county board of election commissioners, as the case may | 25 | | be, of the county in which the principal office of the school | 26 | | district is located a receipt
from the county clerk showing |
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| 1 | | that the candidate has filed a statement of
economic interests | 2 | | as required by the Illinois Governmental Ethics Act.
Such | 3 | | receipt shall be so filed either previously during the calendar | 4 | | year
in which his nomination papers were filed or within the | 5 | | period for the filing
of nomination papers in accordance with | 6 | | the general election law.
| 7 | | All petitions for the nomination of members of a board of | 8 | | education shall
be filed with the county clerk or the county | 9 | | board of election commissioners, as the case may be, of the | 10 | | county in which the principal office of the school district is | 11 | | located within the time provided for
by the general election | 12 | | law. The county clerk or the county board of election | 13 | | commissioners shall receive and file only
those petitions which | 14 | | include a statement of candidacy, the required number
of voter | 15 | | signatures, the notarized signature of the petition circulator
| 16 | | and a receipt from the County Clerk showing that the candidate | 17 | | has filed
a statement of economic interest on or before the | 18 | | last day to file as required
by the Illinois Governmental | 19 | | Ethics Act. The county clerk or the county board of election | 20 | | commissioners may have petition
forms available
for issuance to | 21 | | potential candidates, and may give notice of the petition
| 22 | | filing period by publication in a newspaper of general | 23 | | circulation within
the school district not less than 10 days | 24 | | prior to the first day of filing.
The county clerk or the | 25 | | county board of election commissioners shall make | 26 | | certification to the proper election authorities
in accordance |
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| 1 | | with the general election law.
| 2 | | The county clerk or the county board of election | 3 | | commissioners, as the case may be, of the county in which the | 4 | | principal office of the school district is located shall notify | 5 | | the candidates
for whom a petition for nomination is filed or | 6 | | the appropriate committee
of the obligations under the Campaign | 7 | | Financing Act as provided in the general
election law. Such | 8 | | notice
shall be given on a form prescribed by the State Board | 9 | | of Elections and
in accordance with the requirements of the | 10 | | general election law. The county clerk or county board of | 11 | | election commissioners
shall within 7 days of filing or on the | 12 | | last day for filing, whichever is
earlier, acknowledge to the | 13 | | petitioner in writing the office's acceptance of the
petition.
| 14 | | A candidate for membership on the board of education or for | 15 | | office as a
school director, who has petitioned for nomination | 16 | | to fill a full term and
to fill a vacant term to be voted upon | 17 | | at the same election, must withdraw
his or her petition for | 18 | | nomination from either the full term or the vacant
term by | 19 | | written declaration.
| 20 | | In all newly organized districts the petition for the | 21 | | nomination of
candidates
for members of the board of education | 22 | | at the first election shall be addressed
to and filed with the | 23 | | regional superintendent of schools in the manner herein
| 24 | | specified for the petitions for
members of a board of | 25 | | education. For such election the regional superintendent
shall | 26 | | fulfill all duties otherwise assigned to the secretary of the |
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| 1 | | board
of education.
| 2 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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