Full Text of SB0441 100th General Assembly
SB0441sam002 100TH GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 5/5/2017
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| 1 | | AMENDMENT TO SENATE BILL 441
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 441 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 2A-1.2, 2A-48, 2A-49, and 2A-54 as follows:
| 6 | | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
| 7 | | Sec. 2A-1.2. Consolidated Schedule of Elections - Offices | 8 | | Designated.
| 9 | | (a) At the general election in the appropriate | 10 | | even-numbered years, the
following offices shall be filled or | 11 | | shall be on the ballot as otherwise
required by this Code:
| 12 | | (1) Elector of President and Vice President of the | 13 | | United States;
| 14 | | (2) United States Senator and United States | 15 | | Representative;
| 16 | | (3) State Executive Branch elected officers;
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| 1 | | (4) State Senator and State Representative;
| 2 | | (5) County elected officers, including State's | 3 | | Attorney, County Board
member, County Commissioners, and | 4 | | elected President of the County Board or
County Chief | 5 | | Executive;
| 6 | | (6) Circuit Court Clerk;
| 7 | | (7) Regional Superintendent of Schools, except in | 8 | | counties or
educational service regions in which that | 9 | | office has been abolished; | 10 | | (7.5) Elected members of school boards, directors of | 11 | | boards of school directors, and members of boards of school | 12 | | inspectors, except school boards in school districts that | 13 | | adopt Article 33 of the School Code;
| 14 | | (8) Judges of the Supreme, Appellate and Circuit | 15 | | Courts, on the question
of retention, to fill vacancies and | 16 | | newly created judicial offices;
| 17 | | (9) (Blank);
| 18 | | (10) Trustee of the Metropolitan Sanitary District of | 19 | | Chicago, and elected
Trustee of other Sanitary Districts;
| 20 | | (11) Special District elected officers, not otherwise | 21 | | designated in this
Section, where the statute creating or | 22 | | authorizing the creation of
the district requires an annual | 23 | | election and permits or requires election
of candidates of | 24 | | political parties.
| 25 | | (b) At the general primary election:
| 26 | | (1) in each even-numbered year candidates of political |
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| 1 | | parties shall be
nominated for those offices to be filled | 2 | | at the general election in that
year, except where pursuant | 3 | | to law nomination of candidates of political
parties is | 4 | | made by caucus and except for those offices listed in | 5 | | paragraph (7.5) of subsection (a) of this Section .
| 6 | | (2) in the appropriate even-numbered years the | 7 | | political party offices of
State central committeeman, | 8 | | township committeeman, ward committeeman, and
precinct | 9 | | committeeman shall be filled and delegates and alternate | 10 | | delegates
to the National nominating conventions shall be | 11 | | elected as may be required
pursuant to this Code. In the | 12 | | even-numbered years in which a Presidential
election is to | 13 | | be held, candidates in the Presidential preference primary
| 14 | | shall also be on the ballot.
| 15 | | (3) in each even-numbered year, where the municipality | 16 | | has provided for
annual elections to elect municipal | 17 | | officers pursuant to Section 6(f) or
Section 7 of Article | 18 | | VII of the Constitution, pursuant to the Illinois
Municipal | 19 | | Code or pursuant to the municipal charter, the offices of | 20 | | such
municipal officers shall be filled at an election held | 21 | | on the date of the
general primary election, provided that | 22 | | the municipal election shall be a
nonpartisan election | 23 | | where required by the Illinois Municipal Code. For
partisan | 24 | | municipal elections in even-numbered years, a primary to | 25 | | nominate
candidates for municipal office to be elected at | 26 | | the general primary
election shall be held on the Tuesday 6 |
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| 1 | | weeks preceding that election.
| 2 | | (4) in each school district which has adopted the | 3 | | provisions of
Article 33 of the School Code, successors to | 4 | | the members of the board
of education whose terms expire in | 5 | | the year in which the general primary is
held shall be | 6 | | elected.
| 7 | | (c) At the consolidated election in the appropriate | 8 | | odd-numbered years,
the following offices shall be filled:
| 9 | | (1) Municipal officers, provided that in | 10 | | municipalities in which
candidates for alderman or other | 11 | | municipal office are not permitted by law
to be candidates | 12 | | of political parties, the runoff election where required
by | 13 | | law, or the nonpartisan election where required by law, | 14 | | shall be held on
the date of the consolidated election; and | 15 | | provided further, in the case of
municipal officers | 16 | | provided for by an ordinance providing the form of
| 17 | | government of the municipality pursuant to Section 7 of | 18 | | Article VII of the
Constitution, such offices shall be | 19 | | filled by election or by runoff
election as may be provided | 20 | | by such ordinance;
| 21 | | (2) Village and incorporated town library directors;
| 22 | | (3) City boards of stadium commissioners;
| 23 | | (4) Commissioners of park districts;
| 24 | | (5) Trustees of public library districts;
| 25 | | (6) Special District elected officers, not otherwise | 26 | | designated in this
section, where the statute creating or |
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| 1 | | authorizing the creation of the district
permits or | 2 | | requires election of candidates of political parties;
| 3 | | (7) Township officers, including township park | 4 | | commissioners, township
library directors, and boards of | 5 | | managers of community buildings, and
Multi-Township | 6 | | Assessors;
| 7 | | (8) Highway commissioners and road district clerks;
| 8 | | (9) Members of school boards in school districts which | 9 | | adopt Article 33
of the School Code;
| 10 | | (10) The directors and chairman of the Chain O Lakes - | 11 | | Fox River Waterway
Management Agency;
| 12 | | (11) Forest preserve district commissioners elected | 13 | | under Section 3.5 of
the Downstate Forest Preserve District | 14 | | Act;
| 15 | | (12) School Elected members of school boards, school | 16 | | trustees and , directors of
boards of school directors, | 17 | | trustees of county boards of school trustees
(except in | 18 | | counties or educational service regions having a | 19 | | population
of 2,000,000 or more inhabitants) and members of | 20 | | boards of school inspectors,
except school boards in school
| 21 | | districts that adopt Article 33 of the School Code ;
| 22 | | (13) Members of Community College district boards;
| 23 | | (14) Trustees of Fire Protection Districts;
| 24 | | (15) Commissioners of the Springfield Metropolitan | 25 | | Exposition and
Auditorium
Authority;
| 26 | | (16) Elected Trustees of Tuberculosis Sanitarium |
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| 1 | | Districts;
| 2 | | (17) Elected Officers of special districts not | 3 | | otherwise designated in
this Section for which the law | 4 | | governing those districts does not permit
candidates of | 5 | | political parties.
| 6 | | (d) At the consolidated primary election in each | 7 | | odd-numbered year,
candidates of political parties shall be | 8 | | nominated for those offices to be
filled at the consolidated | 9 | | election in that year, except where pursuant to
law nomination | 10 | | of candidates of political parties is made by caucus, and
| 11 | | except those offices listed in paragraphs (12) through (17) of | 12 | | subsection
(c).
| 13 | | At the consolidated primary election in the appropriate | 14 | | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | 15 | | shall be elected in
municipalities in which
candidates for | 16 | | mayor, clerk, treasurer, or alderman are not permitted by
law | 17 | | to be candidates
of political parties, subject to runoff | 18 | | elections to be held at the
consolidated election as may be | 19 | | required
by law, and municipal officers shall be nominated in a | 20 | | nonpartisan election
in municipalities in which pursuant to law | 21 | | candidates for such office are
not permitted to be candidates | 22 | | of political parties.
| 23 | | At the consolidated primary election in the appropriate | 24 | | odd-numbered years,
municipal officers shall be nominated or | 25 | | elected, or elected subject to
a runoff, as may be provided by | 26 | | an ordinance providing a form of government
of the municipality |
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| 1 | | pursuant to Section 7 of Article VII of the Constitution.
| 2 | | (e) (Blank).
| 3 | | (f) At any election established in Section 2A-1.1, public | 4 | | questions may
be submitted to voters pursuant to this Code and | 5 | | any special election
otherwise required or authorized by law or | 6 | | by court order may be conducted
pursuant to this Code.
| 7 | | Notwithstanding the regular dates for election of officers | 8 | | established
in this Article, whenever a referendum is held for | 9 | | the establishment of
a political subdivision whose officers are | 10 | | to be elected, the initial officers
shall be elected at the | 11 | | election at which such referendum is held if otherwise
so | 12 | | provided by law. In such cases, the election of the initial | 13 | | officers
shall be subject to the referendum.
| 14 | | Notwithstanding the regular dates for election of | 15 | | officials established
in this Article, any community college | 16 | | district which becomes effective by
operation of law pursuant | 17 | | to Section 6-6.1 of the Public Community College
Act, as now or | 18 | | hereafter amended, shall elect the initial district board
| 19 | | members at the next regularly scheduled election following the | 20 | | effective
date of the new district.
| 21 | | (g) At any election established in Section 2A-1.1, if in | 22 | | any precinct
there are no offices or public questions required | 23 | | to be on the ballot under
this Code then no election shall be | 24 | | held in the precinct on that date.
| 25 | | (h) There may be conducted a
referendum in accordance with | 26 | | the provisions of Division 6-4 of the
Counties Code.
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| 1 | | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | 2 | | eff. 8-9-96; 90-358, eff. 1-1-98.)
| 3 | | (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
| 4 | | Sec. 2A-48. Board of School Directors - Member - Time of | 5 | | Election. A
member of a Board of School Directors or a member | 6 | | of an elected Board of
Education, as the case may be, shall be | 7 | | elected at each general consolidated
election to succeed each | 8 | | incumbent member whose term ends before the
following general | 9 | | consolidated election.
| 10 | | (Source: P.A. 90-358, eff. 1-1-98.)
| 11 | | (10 ILCS 5/2A-49) (from Ch. 46, par. 2A-49)
| 12 | | Sec. 2A-49. Board of School Inspectors - Member - Time of | 13 | | Election. A member of a Board of School Inspectors shall be | 14 | | elected at the
general consolidated election which immediately | 15 | | precedes the
expiration of the
term of any incumbent school | 16 | | inspector, to succeed each incumbent school
inspector whose | 17 | | term ends before the following general consolidated
election.
| 18 | | (Source: P.A. 90-358, eff. 1-1-98.)
| 19 | | (10 ILCS 5/2A-54) (from Ch. 46, par. 2A-54)
| 20 | | Sec. 2A-54.
(a) In those cases in which the election to an | 21 | | office is changed
by the consolidation of elections to an | 22 | | earlier or later month in the same
year or to a different year, | 23 | | the term of any incumbent serving on December
1, 1980 is |
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| 1 | | extended to the first Monday in the first month following the
| 2 | | election of his successor and until the successor has | 3 | | qualified, and the
term of the successor in office shall | 4 | | commence on that first Monday.
| 5 | | The term of office of a person elected at a nonpartisan | 6 | | election whose
term begins before the effective date of this | 7 | | amendatory Act of 1997 shall
expire on the date that his or her | 8 | | term would have expired had this amendatory
Act of 1997 not | 9 | | been enacted. The term of office of a person elected at a
| 10 | | consolidated election held on or after the effective date of | 11 | | this amendatory
Act of
1997 to succeed to a term of office of a | 12 | | person elected at a nonpartisan
election shall begin upon the | 13 | | termination of the predecessor's term of office.
The term of | 14 | | office of a person elected to succeed to a term of office of a
| 15 | | person elected at a nonpartisan election shall end after the | 16 | | next consolidated
election at which a successor is elected and | 17 | | at the regularly scheduled time
for the ending of terms of | 18 | | office as provided in the Act or Acts creating or
governing | 19 | | that unit of local government or school district.
| 20 | | However,
this general provision for the transition of terms | 21 | | of office in relation
to the adoption of a uniform schedule of | 22 | | elections shall be subject to the
specific provisions for the | 23 | | transition of terms of office in the several
Acts creating or | 24 | | governing the creation of various units of local government
and | 25 | | school districts, as amended.
| 26 | | (b) With respect to the election of members of a board of |
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| 1 | | school directors, board of education, or board of school | 2 | | inspectors being changed from the consolidated election to the | 3 | | general election under this amendatory Act of the 100th General | 4 | | Assembly, the term of any incumbent serving on January 1, 2019 | 5 | | is extended until his or her successor is elected and has | 6 | | qualified. | 7 | | (Source: P.A. 90-358, eff. 1-1-98.)
| 8 | | Section 10. The School Code is amended by changing Sections | 9 | | 9-5, 10-4, 10-10, 10-16, 11E-55, 32-1.1, and 32-2.12 as | 10 | | follows:
| 11 | | (105 ILCS 5/9-5) (from Ch. 122, par. 9-5)
| 12 | | Sec. 9-5. Election dates and terms of offices. | 13 | | (a) The dates
upon which school officer elections shall be | 14 | | held are
as established in the general election law. Members of | 15 | | boards of education
shall unless otherwise provided serve terms | 16 | | of 4 years.
| 17 | | (b) If, at a regularly scheduled election, a proposition
is | 18 | | submitted to the voters of a district, as provided by a | 19 | | resolution
of the board, on the question of
whether board | 20 | | members should serve for 6 year terms and the proposition
| 21 | | receives the affirmative vote of those voting thereon, members | 22 | | of the board
of education shall thereafter serve for terms of 6 | 23 | | years. | 24 | | (c) The term of any incumbent serving on a school board on |
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| 1 | | January 1, 2019 is extended until his or her successor is | 2 | | elected and has qualified as provided under subsection (b) of | 3 | | Section 2A-54 of the Election Code.
| 4 | | (Source: P.A. 82-1014.)
| 5 | | (105 ILCS 5/10-4) (from Ch. 122, par. 10-4)
| 6 | | Sec. 10-4. Election of directors.
| 7 | | (a) In all districts, directors shall be elected in each | 8 | | even-numbered odd-numbered
year, each for a term of 4 years.
| 9 | | (b) In consolidated districts where 5 directors
are elected | 10 | | in 1981 pursuant to the extension of terms provided by law for
| 11 | | transition to the consolidated election schedule under the | 12 | | general election
law, those directors elected shall, by lot, | 13 | | determine
2 of their number to serve 2 years and 3 to serve 4 | 14 | | years; their successors
shall serve for a 4 year term.
| 15 | | (c) If a proposition to increase the membership of a school | 16 | | district's
board of school directors to 7 directors and to | 17 | | elect a new 7-member board of
school directors to replace the | 18 | | district's existing board of 3 school directors
is approved by | 19 | | the electors of the district at a regular scheduled election as
| 20 | | provided in subsection (b) of Section 10-1, 7 members shall be | 21 | | elected at the
next regular school election, in the manner | 22 | | provided by Article 9, to serve as
the board of school | 23 | | directors of that district. The terms of office of the 3
| 24 | | members of the board of school directors serving at the time of | 25 | | the election of
the initial 7-member board of school directors |
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| 1 | | shall expire when the 7 newly
elected members of the initial | 2 | | 7-member board of school directors assume office
and are | 3 | | organized as provided in Section 10-5. At their organizational
| 4 | | meeting, the initial members of the 7-member board of school | 5 | | directors shall by
lot determine 4 of their number to serve 4 | 6 | | year terms and 3 of their number to
serve 2 year terms. Their | 7 | | successors shall serve for a 4 year term.
| 8 | | (d) In all other districts, one school director
shall be | 9 | | elected in each district every
other even-numbered | 10 | | odd-numbered year, and 2 two school directors shall be elected | 11 | | in the
intervening even-numbered odd-numbered years.
| 12 | | (e) When a vacancy occurs in the membership of any board
of | 13 | | school directors the remaining members shall,
within 30
days, | 14 | | fill the vacancy by appointment until the next regular school
| 15 | | election, or, upon their failure so to do, the regional | 16 | | superintendent
shall make such appointment within the next 30 | 17 | | days to fill the
vacancy as herein provided.
Upon the regional | 18 | | superintendent's failure
to fill the vacancy, the vacancy shall | 19 | | be filled at the next regularly
scheduled
election.
| 20 | | (Source: P.A. 90-757, eff. 8-14-98.)
| 21 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| 22 | | Sec. 10-10. Board of education; term; vacancy. All school | 23 | | districts
having a population of not fewer than 1,000 and not | 24 | | more than 500,000
inhabitants, as ascertained by any special or | 25 | | 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 even-numbered odd-numbered | 17 | | year after the determination to elect members for 6 year
terms | 18 | | 2 members are elected, they shall serve for a 6 year term; and | 19 | | of the
members elected at the next regular school election 3 | 20 | | shall serve for a
term of 6 years and 2 shall serve a term of 2 | 21 | | years. Thereafter members
elected in such districts shall be | 22 | | elected to a 6 year term. If at the
regular school election | 23 | | held in the first even-numbered odd-numbered year after the
| 24 | | determination to elect members for 6 year terms 3 members are | 25 | | elected, they
shall serve for a 6 year term; and of the members | 26 | | elected at the next
regular school election 2 shall serve for a |
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| 1 | | term of 2 years and 2 shall
serve for a term of 6 years. | 2 | | Thereafter members elected in such districts
shall be elected | 3 | | to a 6 year term. If at the regular school election held
in the | 4 | | first even-numbered odd-numbered year after the determination | 5 | | to elect members for
6 year terms 4 members are elected, 3 | 6 | | shall serve for a term of 6 years and
one shall serve for a term | 7 | | of 2 years; and of the members elected at the
next regular | 8 | | school election 2 shall serve for terms of 6 years and 2 shall
| 9 | | serve for terms of 2 years. Thereafter members elected in such | 10 | | districts
shall be elected to a 6 year term. If at the regular | 11 | | school election held
in the first even-numbered odd-numbered | 12 | | year after the determination to elect members for
a 6 year term | 13 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 14 | | shall serve for a term of 2 years; and of the members elected | 15 | | at the
next regular school election 2 shall serve for terms of | 16 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter | 17 | | members elected in such districts
shall be elected to a 6 year | 18 | | term. An election for board members shall not
be held in school | 19 | | districts which by consolidation, annexation or otherwise
| 20 | | shall cease to exist as a school district within 6 months after | 21 | | the
election date, and the term of all board members which | 22 | | would otherwise
terminate shall be continued until such | 23 | | district shall cease to exist. Each
member, on the date of his | 24 | | or her election, shall be a
citizen of the United
States of the | 25 | | age of 18 years or over, shall be a resident of the State and
| 26 | | the
territory of the district for at least one year immediately |
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| 1 | | preceding his or
her
election, shall be a registered voter as | 2 | | provided in the general election
law,
shall not be a school | 3 | | trustee, must not have been removed from a school board | 4 | | pursuant to Section 2-3.25f-5 of this Code (unless subsequently | 5 | | appointed as a member of an Independent Authority or if it has | 6 | | been 10 years since the abolition of the Independent Authority | 7 | | in the district), and shall not be a child
sex offender as | 8 | | defined in Section 11-9.3 of the
Criminal Code of 2012. When | 9 | | the board of
education is the successor of the school | 10 | | directors, all rights of property,
and all rights regarding | 11 | | causes of action existing or vested in such
directors, shall | 12 | | vest in it as fully as they were vested in the school
| 13 | | directors. Terms of members are subject to Section 2A-54 of the | 14 | | Election Code.
| 15 | | Nomination papers filed under this Section are not valid | 16 | | unless the candidate
named therein files with the county clerk | 17 | | or the county board of election commissioners, as the case may | 18 | | be, of the county in which the principal office of the school | 19 | | district is located a receipt
from the county clerk showing | 20 | | that the candidate has filed a statement of
economic interests | 21 | | as required by the Illinois Governmental Ethics Act.
Such | 22 | | receipt shall be so filed either previously during the calendar | 23 | | year
in which his nomination papers were filed or within the | 24 | | period for the filing
of nomination papers in accordance with | 25 | | the general election law.
| 26 | | Whenever a vacancy occurs, the remaining members shall |
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| 1 | | notify the
regional superintendent of that vacancy within 5 | 2 | | days after its occurrence
and shall proceed to fill the vacancy | 3 | | until the next regular school
election, at which election a | 4 | | successor shall be elected to serve the
remainder of the | 5 | | unexpired term. However, if the vacancy occurs with less
than | 6 | | 868 days remaining in the term, or if the vacancy occurs
less | 7 | | than 88
days before the next regularly scheduled election for | 8 | | this office then the
person so appointed shall serve the | 9 | | remainder of the unexpired term, and no
election to fill the | 10 | | vacancy shall be held. Should they fail so to
act, within 45 | 11 | | days after the vacancy occurs, the regional superintendent
of | 12 | | schools under whose supervision and control the district is | 13 | | operating,
as defined in Section 3-14.2 of this Act, shall | 14 | | within 30 days after the
remaining members have failed to fill | 15 | | the vacancy, fill the vacancy as
provided for herein. Upon the | 16 | | regional superintendent's failure to fill the
vacancy, the | 17 | | vacancy shall be filled at the next regularly scheduled
| 18 | | election. Whether elected or appointed by the remaining members | 19 | | or regional
superintendent, the successor shall be an | 20 | | inhabitant of the particular area
from which his or her | 21 | | predecessor was elected if the residential requirements
| 22 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 23 | | A board of education may appoint a student to the board to | 24 | | serve in an advisory capacity. The student member shall serve | 25 | | for a term as determined by the board. The board may not grant | 26 | | the student member any voting privileges, but shall consider |
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| 1 | | the student member as an advisor. The student member may not | 2 | | participate in or attend any executive session of the board.
| 3 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13; | 4 | | 98-1155, eff. 1-9-15.)
| 5 | | (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
| 6 | | Sec. 10-16. Organization of Board. Within 28 days after the | 7 | | general consolidated
election, other than the consolidated | 8 | | elections in 1999 and 2001, the
board shall organize by | 9 | | electing its officers and fixing a time and place
for the | 10 | | regular meetings. However, when school board members are | 11 | | elected at
the consolidated elections held in April of 1999 and | 12 | | April of 2001, the board
shall organize within 7 days after the | 13 | | first Tuesday after the first Monday of
November in each such | 14 | | year by electing officers and setting the time and place
of the | 15 | | regular meetings. Upon organizing itself as provided in this | 16 | | paragraph,
the board shall enter upon the discharge of its | 17 | | duties.
| 18 | | The regional superintendent of schools having supervision | 19 | | and control, as
provided in Section 3-14.2, of a new school
| 20 | | district that is governed by this the School Code and formed on | 21 | | or after the
effective date of this amendatory Act of 1998 | 22 | | shall convene
the newly elected board within 7 days after the | 23 | | election of the board of
education of that district, whereupon
| 24 | | the board
shall proceed to organize by electing one of their | 25 | | number as
president and
electing a secretary, who may or may |
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| 1 | | not be a member. At such meeting the
length of term of each of | 2 | | the members shall be determined by lot so that 4
shall serve | 3 | | for 4 years, and 3 for 2 years from the commencement of their
| 4 | | terms; provided, however, if such members were not elected at | 5 | | the general
consolidated election in an odd-numbered year , such | 6 | | initial
terms shall be
extended to the general consolidated | 7 | | election for school board
members immediately
following the | 8 | | expiration of the initial 4 or 2 year terms.
The provisions of | 9 | | this paragraph that relate to the determination of terms by
lot | 10 | | shall not apply to the initial members of the board of | 11 | | education of a
combined school district who are to be elected | 12 | | to unstaggered terms.
| 13 | | The terms of the
officers of a board of education shall be | 14 | | for 2 years, except that
the
terms of the officers elected at | 15 | | the organization meeting in November, 2001
shall expire at the | 16 | | organization meeting in April, 2003; provided that the
board by | 17 | | resolution may
establish a policy for the terms of office to be | 18 | | one year, and provide for
the election of officers.
| 19 | | Special meetings of the board of education may be called by | 20 | | the president
or by any 3 members of the board by giving notice | 21 | | thereof in writing, stating
the time, place and purpose of the | 22 | | meeting. Such notice may be served by
mail 48 hours before such | 23 | | meeting or by personal service 24 hours before
such meeting. | 24 | | Public notice of meetings must also be given as prescribed in
| 25 | | Sections 2.02 and 2.03 of the Open Meetings Act, as now or | 26 | | hereafter amended.
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| 1 | | At each regular and special meeting which is open to the | 2 | | public, members
of the public and employees of the district | 3 | | shall be afforded time, subject
to reasonable constraints, to | 4 | | comment to or ask questions of the board.
| 5 | | The president or district superintendent shall, at each | 6 | | regular board
meeting, report any requests made of the district | 7 | | under provisions of the
Freedom of Information Act and shall | 8 | | report the status of the district's
response.
| 9 | | (Source: P.A. 93-847, eff. 7-30-04; 94-1019, eff. 7-10-06 .)
| 10 | | (105 ILCS 5/11E-55) | 11 | | Sec. 11E-55. Holding of elections. | 12 | | (a) Elections provided by this Article shall be conducted | 13 | | in accordance with the general election law. The regional | 14 | | superintendent of schools shall perform the election duties | 15 | | assigned by law to the secretary of a school board for the | 16 | | election and shall certify the officers and candidates | 17 | | therefore pursuant to the general election law. | 18 | | (b) Nomination papers filed under this Article are not | 19 | | valid unless the candidate named therein files with the | 20 | | regional superintendent of schools a receipt from the county | 21 | | clerk showing that the candidate has filed a statement of | 22 | | economic interests as required by the Illinois Governmental | 23 | | Ethics Act. This receipt shall be so filed either previously | 24 | | during the calendar year in which his or her nomination papers | 25 | | were filed or within the period for the filing of nomination |
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| 1 | | papers in accordance with the general election law. | 2 | | (c)(1) If the petition requests the election of school | 3 | | board members of the school district proposed to be created at | 4 | | the same election at which the proposition to establish that | 5 | | district is to be submitted to voters or if the regional | 6 | | superintendent of schools finds it to be in the best interest | 7 | | of the districts involved to elect school board members of the | 8 | | school district proposed to be created at the same a | 9 | | consolidated election or general primary election, then that | 10 | | fact shall be included in the notice of referendum. | 11 | | (2) If the members of the school board of the school | 12 | | district proposed to be created are not to be elected at the | 13 | | same election at which the proposition to establish that | 14 | | district is to be submitted to the voters, then the regional | 15 | | superintendent of schools shall order an election to be held on | 16 | | the next regularly scheduled election date for the purpose of | 17 | | electing a school board for that district. | 18 | | (3) In either event, the school board elected for a new | 19 | | school district or districts created under this Article shall | 20 | | consist of 7 members who shall have the terms and the powers | 21 | | and duties of school boards as provided by statute. | 22 | | (d) All notices regarding propositions for reorganization | 23 | | or creation of new school districts under this Article shall be | 24 | | given in accordance with the general election law in | 25 | | substantially the following form: | 26 | | (1) Notice in high school - unit conversion or unit to |
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| 1 | | dual conversion:
| 2 | | NOTICE OF REFERENDUM TO DISSOLVE
| 3 | | CERTAIN SCHOOL DISTRICTS AND
| 4 | | ESTABLISH CERTAIN NEW SCHOOL DISTRICTS
| 5 | | NOTICE is hereby given that on (insert date), a | 6 | | referendum will be held in part(s) of ....... county | 7 | | (counties) for the purpose of voting for or against the | 8 | | proposition to dissolve (here identify the school | 9 | | districts to be dissolved by name and number) and to | 10 | | establish new school districts for the following described | 11 | | territory: A new (here specify elementary, high school, or | 12 | | unit) district shall be formed from (here describe the | 13 | | territory, which, for territory currently included in an | 14 | | entire school district, may be a general reference to all | 15 | | of the territory included within that particular school | 16 | | district). (Here repeat the territory information for each | 17 | | new school district.) | 18 | | The election is called and will be held pursuant to an | 19 | | order of the Regional Superintendent dated on (insert | 20 | | date), which order states that if a majority of the voters | 21 | | in each of the affected districts voting on the proposition | 22 | | at the referendum vote in favor thereof, the tax rates for | 23 | | various purposes of the new districts shall be as follows: | 24 | | For the new (here specify elementary, high school, or unit) |
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| 1 | | district formed from the territory of (here describe | 2 | | territory, which, for territory currently included in an | 3 | | entire school district, may be a general reference to all | 4 | | of the territory included within that particular | 5 | | district), the tax rates for various purposes shall be | 6 | | (here specify the maximum tax rates for various purposes | 7 | | the proposed school district is authorized to levy and, if | 8 | | applicable, the specifications related to the Property Tax | 9 | | Extension Limitation Law, in accordance with Section | 10 | | 11E-80 of this Code). (Here repeat the tax rate information | 11 | | for each new school district.) | 12 | | Dated (insert date).
| 13 | | Regional Superintendent of Schools ..................
| 14 | | (2) Notice for combined school district formation:
| 15 | | NOTICE OF REFERENDUM
| 16 | | TO ESTABLISH COMBINED SCHOOL DISTRICT
| 17 | | NOTICE is hereby given that on (insert date), a | 18 | | referendum will be held in part(s) of ....... county | 19 | | (counties) for the purpose of voting for or against the | 20 | | proposition to establish a combined (here insert | 21 | | elementary, high school, or unit) school district for the | 22 | | following described territory: (here describe the | 23 | | territory, which, for territory currently included in an |
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| 1 | | entire school district, may be a general reference to all | 2 | | of the territory included within that particular school | 3 | | district). The election is called and will be held pursuant | 4 | | to an order of the Regional Superintendent dated on (insert | 5 | | date), which order states that if a majority of the voters | 6 | | in each of the affected school districts voting on the | 7 | | proposition at the referendum vote in favor thereof, the | 8 | | tax rates for various purposes of the proposed combined | 9 | | school district shall be (here specify the maximum tax | 10 | | rates for various purposes the proposed combined school | 11 | | district is authorized to levy and, if applicable, the | 12 | | specifications related to the Property Tax Extension | 13 | | Limitation Law, in accordance with Section 11E-80 of this | 14 | | Code).
| 15 | | Dated (insert date).
| 16 | | Regional Superintendent of Schools ..................
| 17 | | (3) Notice for unit district formation (other than a | 18 | | partial elementary unit district):
| 19 | | NOTICE OF REFERENDUM TO ESTABLISH
| 20 | | A COMMUNITY UNIT DISTRICT
| 21 | | NOTICE is hereby given that on (insert date), a | 22 | | referendum will be held in part(s) of ....... county | 23 | | (counties) for the purpose of voting for or against the |
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| 1 | | proposition to establish a unit district for the following | 2 | | described territory: (here describe the territory, which, | 3 | | for territory currently included in an entire school | 4 | | district, may be a general reference to all of the | 5 | | territory included within that particular school | 6 | | district). The election is called and will be held pursuant | 7 | | to an order of the Regional Superintendent dated on (insert | 8 | | date), which order states that if a majority of the voters | 9 | | in each of the affected school districts voting on the | 10 | | proposition at the referendum vote in favor thereof, the | 11 | | tax rates for various purposes for the proposed unit | 12 | | district shall be (here specify the maximum tax rates for | 13 | | various purposes the proposed unit district shall be | 14 | | authorized to levy and, if applicable, the specifications | 15 | | related to the Property Tax Extension Limitation Law, in | 16 | | accordance with Section 11E-80 of this Code).
| 17 | | Dated (insert date).
| 18 | | Regional Superintendent of Schools ..................
| 19 | | (4) Notice for combined high school - unit district | 20 | | formation:
| 21 | | NOTICE OF REFERENDUM
| 22 | | TO ESTABLISH COMBINED HIGH SCHOOL - UNIT DISTRICT
| 23 | | NOTICE is hereby given that on (insert date), a |
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| 1 | | referendum will be held in part(s) of ....... county | 2 | | (counties) for the purpose of voting for or against the | 3 | | proposition to establish a combined high school - unit | 4 | | district for the following described territory: (here | 5 | | describe the territory, which, for territory currently | 6 | | included in an entire school district, may be a general | 7 | | reference to all of the territory included within that | 8 | | particular school district). The following described | 9 | | territory shall be included in the combined high school - | 10 | | unit district for high school purposes only: (here describe | 11 | | the territory that will be included only for high school | 12 | | purposes, which, for territory currently included in an | 13 | | entire school district, may be a general reference to all | 14 | | of the territory included within that particular school | 15 | | district). The election is called and will be held pursuant | 16 | | to an order of the Regional Superintendent dated on (insert | 17 | | date), which order states that if a majority of the voters | 18 | | in each of the affected school districts voting on the | 19 | | proposition at the referendum vote in favor thereof, the | 20 | | tax rates for various purposes for the proposed combined | 21 | | high school - unit district shall be (here specify the | 22 | | maximum tax rates for various purposes the proposed | 23 | | combined high school - unit district shall be authorized to | 24 | | levy and, if applicable, the specifications related to the | 25 | | Property Tax Extension Limitation Law, in accordance with | 26 | | Sections 11E-80 and 11E-90 of this Code).
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| 1 | | Dated (insert date).
| 2 | | Regional Superintendent of Schools .................. | 3 | |
(5) Notice for multi-unit conversion:
| 4 | | NOTICE OF REFERENDUM TO DISSOLVE CERTAIN
| 5 | | UNIT SCHOOL DISTRICTS AND ESTABLISH CERTAIN
| 6 | | NEW SCHOOL DISTRICTS
| 7 | | NOTICE is hereby given that on (insert date), a | 8 | | referendum will be held in part(s) of ....... county | 9 | | (counties) for the purpose of voting for or against the | 10 | | proposition to dissolve (here identify the districts to be | 11 | | dissolved by name and number) and to establish new school | 12 | | districts for the following described territory: A new | 13 | | (here specify elementary or combined high school - unit) | 14 | | district shall be formed from (here describe the territory, | 15 | | which, for territory currently included in an entire school | 16 | | district, may be a general reference to all of the | 17 | | territory included within that particular school | 18 | | district). (Here repeat the territory information for each | 19 | | new school district.) The following described territory | 20 | | shall be included in the proposed combined high school - | 21 | | unit district only for high school purposes: (here describe | 22 | | the territory that will only be included for high school | 23 | | purposes, which, for territory currently included in an |
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| 1 | | entire school district, may be a general reference to all | 2 | | of the territory included within that particular school | 3 | | district). | 4 | | The election is called and will be held pursuant to an | 5 | | order of the Regional Superintendent dated on (insert | 6 | | date), which order states that if a majority of the voters | 7 | | in each of the affected districts voting on the proposition | 8 | | at the referendum vote in favor thereof, the tax rates for | 9 | | various purposes of the new districts shall be as follows: | 10 | | For the new elementary district formed from the territory | 11 | | of (here identify the unit district by name and number) the | 12 | | tax rates for various purposes shall be (here specify the | 13 | | maximum tax rates for various purposes the proposed | 14 | | elementary district is authorized to levy and, if | 15 | | applicable, the specifications related to the Property Tax | 16 | | Extension Limitation Law, in accordance with Section | 17 | | 11E-80 of this Code). (Here repeat the tax rate and | 18 | | Property Tax Extension Limitation Law information for each | 19 | | new elementary district.) For the new combined high school - | 20 | | unit district, the tax rates for various purposes shall | 21 | | be (here specify the maximum tax rates for various purposes | 22 | | the proposed combined high school - unit district shall be | 23 | | authorized to levy and, if applicable, the specifications | 24 | | related to the Property Tax Extension Limitation Law, in | 25 | | accordance with Sections 11E-80 and 11E-90 of this Code).
| 26 | | Dated (insert date).
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| 1 | | Regional Superintendent of Schools ..................
| 2 | | (6) Notice for optional elementary unit district | 3 | | formation:
| 4 | | NOTICE OF REFERENDUM TO ESTABLISH
| 5 | | AN OPTIONAL ELEMENTARY UNIT DISTRICT
| 6 | | NOTICE is hereby given that on (insert date), a | 7 | | referendum will be held in part(s) of ....... county | 8 | | (counties) for the purpose of voting for or against the | 9 | | proposition to establish an optional elementary unit | 10 | | district for the following described territory: (here | 11 | | describe the elementary and high school district territory | 12 | | by name and number). If a majority of the voters in one or | 13 | | more of the affected elementary districts and in the | 14 | | affected high school district voting on the proposition at | 15 | | the referendum vote in favor thereof, all of the territory | 16 | | included within the affected high school district shall be | 17 | | included in the optional elementary unit district for high | 18 | | school purposes. However, only the territory of elementary | 19 | | districts in which a majority of the voters voting in the | 20 | | proposition at the referendum vote in favor thereof shall | 21 | | be included in the optional elementary unit district for | 22 | | elementary purposes. The election is called and will be | 23 | | held pursuant to an order of the Regional Superintendent |
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| 1 | | dated on (insert date), which order states that if a | 2 | | majority of the voters in one or more of the affected | 3 | | elementary districts and in the affected high school | 4 | | district voting on the proposition at the referendum vote | 5 | | in favor thereof, the tax rates for various purposes for | 6 | | the proposed optional elementary unit district shall be | 7 | | (here list the maximum tax rates for various purposes the | 8 | | proposed optional elementary unit district is authorized | 9 | | to levy and, if applicable, the specifications related to | 10 | | the Property Tax Extension Limitation Law, in accordance | 11 | | with Sections 11E-80 and 11E-95 of this Code).
| 12 | | Dated (insert date).
| 13 | | Regional Superintendent of Schools ..................
| 14 | | (7) Notice for an elementary district to opt into a | 15 | | partial elementary unit district:
| 16 | | NOTICE OF REFERENDUM TO JOIN
| 17 | | AN OPTIONAL ELEMENTARY UNIT DISTRICT
| 18 | | NOTICE is hereby given that on (insert date), a | 19 | | referendum will be held in part(s) of ....... county | 20 | | (counties) for the purpose of voting for or against the | 21 | | proposition to dissolve an elementary district and join an | 22 | | optional elementary unit district for kindergarten through | 23 | | 12 grade-level purposes for all of the territory included |
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| 1 | | within (here identify the elementary district by name and | 2 | | number). The election is called and will be held pursuant | 3 | | to an order of the Regional Superintendent dated on (insert | 4 | | date), which order states that if a majority of the voters | 5 | | in the elementary school district voting on the proposition | 6 | | at the referendum vote in favor thereof, the tax rates for | 7 | | various purposes for the optional elementary unit district | 8 | | shall be (here list the maximum tax rates for various | 9 | | purposes the optional elementary unit district is | 10 | | authorized to levy and, if applicable, the specifications | 11 | | related to the Property Tax Extension Limitation Law, in | 12 | | accordance with Sections 11E-80 and 11E-95 of this Code) | 13 | | and the elementary district, prior to dissolution, shall | 14 | | issue funding bonds pursuant to Sections 19-8 and 19-9 of | 15 | | the School Code to liquidate any operational deficit or | 16 | | debt incurred or accumulated since the date of the election | 17 | | in which the proposition to form the optional elementary | 18 | | unit district passed.
| 19 | | Dated (insert date).
| 20 | | Regional Superintendent of Schools ....................
| 21 | | (Source: P.A. 94-1019, eff. 7-10-06.)
| 22 | | (105 ILCS 5/32-1.1) (from Ch. 122, par. 32-1.1)
| 23 | | Sec. 32-1.1. Election and powers of board - No provision in | 24 | | special act. In all special charter districts maintaining | 25 | | schools under any general school
laws, where there is no |
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| 1 | | provision in the special Acts creating such districts
for the | 2 | | election of boards of education as otherwise provided, there | 3 | | shall
be elected, in lieu of the school directors as now | 4 | | provided, a board of
education, to consist of 7 members to be | 5 | | elected at the time and in the
manner as provided by the | 6 | | general election law for the
election and qualification of | 7 | | boards of education in other cases. In any
district having a | 8 | | population of more than 100,000 but less than
2,000,000
such | 9 | | board may be increased in size to 11 members upon adoption by a | 10 | | majority
of electors residing in the district and voting on the | 11 | | question in a referendum
as provided in this Section. Such | 12 | | question shall be submitted to the electors
at an election upon | 13 | | a resolution adopted by the Board. Members
shall be elected | 14 | | biennially in the school district, whose term of office
shall | 15 | | be 4 years,
and there shall also be elected in each | 16 | | even-numbered odd-numbered year
a president of the board. | 17 | | Following the first such election, those members
elected, other | 18 | | than the president, shall, by lot, determine 3 to serve 2
years | 19 | | and 3 to serve 4 years; thereafter, all terms shall be 4 years. | 20 | | In
other cases, however, if 4 members, other than the | 21 | | president, are elected
in 1983, then those elected shall, by | 22 | | lot, determine one to serve for 2
years and 3 to serve 4 years; | 23 | | thereafter all terms shall be 4 years. In
neither case shall | 24 | | such determinations affect the biennial selection of
the | 25 | | president. At the first regular school election after
the | 26 | | adoption by the district electors of a question as provided in |
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| 1 | | this
Section increasing the size of the board in those | 2 | | districts entitled to
exercise an option for and elect an 11 | 3 | | member board, 4 additional members
shall be elected and shall | 4 | | determine by lot 2 to serve for 2
years and 2 for 4 years.
Their | 5 | | successors shall serve for a 4 year term. In case of
an 11 | 6 | | member board already in existence, if 7 members, other than the
| 7 | | president,
are elected in 1983 then those members elected | 8 | | shall, by lot determine one
to serve 2 years and 6 to serve 4 | 9 | | years. Terms thereafter shall be 4 years.
The board of | 10 | | education shall have all the powers and duties of trustees
of | 11 | | schools in school townships and the powers and duties of boards | 12 | | of education
in districts having a population of not fewer than | 13 | | 1,000 and not more than
500,000 as provided by this Act.
| 14 | | The day upon which the election provided for in this | 15 | | section is to be held
is subject to the provisions of the | 16 | | general election law.
| 17 | | (Source: P.A. 86-225.)
| 18 | | (105 ILCS 5/32-2.12) (from Ch. 122, par. 32-2.12)
| 19 | | Sec. 32-2.12. Time for election of board members. In all | 20 | | special charter districts, the regular election of members
of | 21 | | such boards shall hereafter be held on the date set for
school | 22 | | elections
as provided in the general election law in
odd | 23 | | numbered years .
| 24 | | (Source: P.A. 81-1490.)
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| 1 | | Section 99. Effective date. This Act takes effect January | 2 | | 1, 2019.".
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