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Full Text of SB1784  102nd General Assembly

SB1784ham002 102ND GENERAL ASSEMBLY

Rep. Kambium Buckner

Filed: 10/22/2021

 

 


 

 


 
10200SB1784ham002LRB102 16111 CMG 29972 a

1
AMENDMENT TO SENATE BILL 1784

2    AMENDMENT NO. ______. Amend Senate Bill 1784, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Election Code is amended by changing
6Section 2A-1.2 as follows:
 
7    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
8    (Text of Section before amendment by P.A. 102-177)
9    Sec. 2A-1.2. Consolidated schedule of elections; offices
10designated.
11    (a) At the general election in the appropriate
12even-numbered years, the following offices shall be filled or
13shall be on the ballot as otherwise required by this Code:
14        (1) Elector of President and Vice President of the
15    United States;
16        (2) United States Senator and United States

 

 

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1    Representative;
2        (3) State Executive Branch elected officers;
3        (4) State Senator and State Representative;
4        (5) County elected officers, including State's
5    Attorney, County Board member, County Commissioners, and
6    elected President of the County Board or County Chief
7    Executive;
8        (6) Circuit Court Clerk;
9        (7) Regional Superintendent of Schools, except in
10    counties or educational service regions in which that
11    office has been abolished;
12        (8) Judges of the Supreme, Appellate and Circuit
13    Courts, on the question of retention, to fill vacancies
14    and newly created judicial offices;
15        (9) (Blank);
16        (10) Trustee of the Metropolitan Water Reclamation
17    District of Greater Chicago, and elected Trustee of other
18    Sanitary Districts;
19        (11) Special District elected officers, not otherwise
20    designated in this Section, where the statute creating or
21    authorizing the creation of the district requires an
22    annual election and permits or requires election of
23    candidates of political parties.
24    (b) At the general primary election:
25        (1) in each even-numbered year candidates of political
26    parties shall be nominated for those offices to be filled

 

 

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1    at the general election in that year, except where
2    pursuant to law nomination of candidates of political
3    parties is made by caucus.
4        (2) in the appropriate even-numbered years the
5    political party offices of State central committeeperson,
6    township committeeperson, ward committeeperson, and
7    precinct committeeperson shall be filled and delegates and
8    alternate delegates to the National nominating conventions
9    shall be elected as may be required pursuant to this Code.
10    In the even-numbered years in which a Presidential
11    election is to be held, candidates in the Presidential
12    preference primary shall also be on the ballot.
13        (3) in each even-numbered year, where the municipality
14    has provided for annual elections to elect municipal
15    officers pursuant to Section 6(f) or Section 7 of Article
16    VII of the Constitution, pursuant to the Illinois
17    Municipal Code or pursuant to the municipal charter, the
18    offices of such municipal officers shall be filled at an
19    election held on the date of the general primary election,
20    provided that the municipal election shall be a
21    nonpartisan election where required by the Illinois
22    Municipal Code. For partisan municipal elections in
23    even-numbered years, a primary to nominate candidates for
24    municipal office to be elected at the general primary
25    election shall be held on the Tuesday 6 weeks preceding
26    that election.

 

 

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1        (4) in each school district which has adopted the
2    provisions of Article 33 of the School Code, successors to
3    the members of the board of education whose terms expire
4    in the year in which the general primary is held shall be
5    elected.
6    (c) At the consolidated election in the appropriate
7odd-numbered years, the following offices shall be filled:
8        (1) Municipal officers, provided that in
9    municipalities in which candidates for alderperson or
10    other municipal office are not permitted by law to be
11    candidates of political parties, the runoff election where
12    required by law, or the nonpartisan election where
13    required by law, shall be held on the date of the
14    consolidated election; and provided further, in the case
15    of municipal officers provided for by an ordinance
16    providing the form of government of the municipality
17    pursuant to Section 7 of Article VII of the Constitution,
18    such offices shall be filled by election or by runoff
19    election as may be provided by such ordinance;
20        (2) Village and incorporated town library directors;
21        (3) City boards of stadium commissioners;
22        (4) Commissioners of park districts;
23        (5) Trustees of public library districts;
24        (6) Special District elected officers, not otherwise
25    designated in this Section, where the statute creating or
26    authorizing the creation of the district permits or

 

 

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1    requires election of candidates of political parties;
2        (7) Township officers, including township park
3    commissioners, township library directors, and boards of
4    managers of community buildings, and Multi-Township
5    Assessors;
6        (8) Highway commissioners and road district clerks;
7        (9) Members of school boards in school districts which
8    adopt Article 33 of the School Code;
9        (10) The directors and chair of the Chain O Lakes - Fox
10    River Waterway Management Agency;
11        (11) Forest preserve district commissioners elected
12    under Section 3.5 of the Downstate Forest Preserve
13    District Act;
14        (12) Elected members of school boards, school
15    trustees, directors of boards of school directors,
16    trustees of county boards of school trustees (except in
17    counties or educational service regions having a
18    population of 2,000,000 or more inhabitants) and members
19    of boards of school inspectors, except school boards in
20    school districts that adopt Article 33 of the School Code;
21        (13) Members of Community College district boards;
22        (14) Trustees of Fire Protection Districts;
23        (15) Commissioners of the Springfield Metropolitan
24    Exposition and Auditorium Authority;
25        (16) Elected Trustees of Tuberculosis Sanitarium
26    Districts;

 

 

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1        (17) Elected Officers of special districts not
2    otherwise designated in this Section for which the law
3    governing those districts does not permit candidates of
4    political parties.
5    (d) At the consolidated primary election in each
6odd-numbered year, candidates of political parties shall be
7nominated for those offices to be filled at the consolidated
8election in that year, except where pursuant to law nomination
9of candidates of political parties is made by caucus, and
10except those offices listed in paragraphs (12) through (17) of
11subsection (c).
12    At the consolidated primary election in the appropriate
13odd-numbered years, the mayor, clerk, treasurer, and
14alderpersons shall be elected in municipalities in which
15candidates for mayor, clerk, treasurer, or alderperson are not
16permitted by law to be candidates of political parties,
17subject to runoff elections to be held at the consolidated
18election as may be required by law, and municipal officers
19shall be nominated in a nonpartisan election in municipalities
20in which pursuant to law candidates for such office are not
21permitted to be candidates of political parties.
22    At the consolidated primary election in the appropriate
23odd-numbered years, municipal officers shall be nominated or
24elected, or elected subject to a runoff, as may be provided by
25an ordinance providing a form of government of the
26municipality pursuant to Section 7 of Article VII of the

 

 

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1Constitution.
2    (e) (Blank).
3    (f) At any election established in Section 2A-1.1, public
4questions may be submitted to voters pursuant to this Code and
5any special election otherwise required or authorized by law
6or by court order may be conducted pursuant to this Code.
7    Notwithstanding the regular dates for election of officers
8established in this Article, whenever a referendum is held for
9the establishment of a political subdivision whose officers
10are to be elected, the initial officers shall be elected at the
11election at which such referendum is held if otherwise so
12provided by law. In such cases, the election of the initial
13officers shall be subject to the referendum.
14    Notwithstanding the regular dates for election of
15officials established in this Article, any community college
16district which becomes effective by operation of law pursuant
17to Section 6-6.1 of the Public Community College Act, as now or
18hereafter amended, shall elect the initial district board
19members at the next regularly scheduled election following the
20effective date of the new district.
21    (g) At any election established in Section 2A-1.1, if in
22any precinct there are no offices or public questions required
23to be on the ballot under this Code then no election shall be
24held in the precinct on that date.
25    (h) There may be conducted a referendum in accordance with
26the provisions of Division 6-4 of the Counties Code.

 

 

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1(Source: P.A. 102-15, eff. 6-17-21; 102-558, eff. 8-20-21.)
 
2    (Text of Section after amendment by P.A. 102-177)
3    Sec. 2A-1.2. Consolidated schedule of elections; offices
4designated.
5    (a) At the general election in the appropriate
6even-numbered years, the following offices shall be filled or
7shall be on the ballot as otherwise required by this Code:
8        (1) Elector of President and Vice President of the
9    United States.
10        (2) United States Senator and United States
11    Representative.
12        (3) State Executive Branch elected officers.
13        (4) State Senator and State Representative.
14        (5) County elected officers, including State's
15    Attorney, County Board member, County Commissioners, and
16    elected President of the County Board or County Chief
17    Executive.
18        (6) Circuit Court Clerk.
19        (7) Regional Superintendent of Schools, except in
20    counties or educational service regions in which that
21    office has been abolished.
22        (8) Judges of the Supreme, Appellate and Circuit
23    Courts, on the question of retention, to fill vacancies
24    and newly created judicial offices.
25        (9) (Blank).

 

 

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1        (10) Trustee of the Metropolitan Water Reclamation
2    District of Greater Chicago, and elected Trustee of other
3    Sanitary Districts.
4        (11) Special District elected officers, not otherwise
5    designated in this Section, where the statute creating or
6    authorizing the creation of the district requires an
7    annual election and permits or requires election of
8    candidates of political parties.
9        (12) Beginning with the 2024 general election on
10    November 5, 2024, the elected members of the Chicago Board
11    of Education; the election of members of the Chicago Board
12    of Education shall be a nonpartisan election as provided
13    for under this Code and may be conducted on a separate
14    ballot.
15    (b) At the general primary election:
16        (1) in each even-numbered year candidates of political
17    parties shall be nominated for those offices to be filled
18    at the general election in that year, except where
19    pursuant to law nomination of candidates of political
20    parties is made by caucus.
21        (2) in the appropriate even-numbered years the
22    political party offices of State central committeeperson,
23    township committeeperson, ward committeeperson, and
24    precinct committeeperson shall be filled and delegates and
25    alternate delegates to the National nominating conventions
26    shall be elected as may be required pursuant to this Code.

 

 

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1    In the even-numbered years in which a Presidential
2    election is to be held, candidates in the Presidential
3    preference primary shall also be on the ballot.
4        (3) in each even-numbered year, where the municipality
5    has provided for annual elections to elect municipal
6    officers pursuant to Section 6(f) or Section 7 of Article
7    VII of the Constitution, pursuant to the Illinois
8    Municipal Code or pursuant to the municipal charter, the
9    offices of such municipal officers shall be filled at an
10    election held on the date of the general primary election,
11    provided that the municipal election shall be a
12    nonpartisan election where required by the Illinois
13    Municipal Code. For partisan municipal elections in
14    even-numbered years, a primary to nominate candidates for
15    municipal office to be elected at the general primary
16    election shall be held on the Tuesday 6 weeks preceding
17    that election.
18        (4) in each school district which has adopted the
19    provisions of Article 33 of the School Code, successors to
20    the members of the board of education whose terms expire
21    in the year in which the general primary is held shall be
22    elected.
23    (c) At the consolidated election in the appropriate
24odd-numbered years, the following offices shall be filled:
25        (1) Municipal officers, provided that in
26    municipalities in which candidates for alderperson or

 

 

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1    other municipal office are not permitted by law to be
2    candidates of political parties, the runoff election where
3    required by law, or the nonpartisan election where
4    required by law, shall be held on the date of the
5    consolidated election; and provided further, in the case
6    of municipal officers provided for by an ordinance
7    providing the form of government of the municipality
8    pursuant to Section 7 of Article VII of the Constitution,
9    such offices shall be filled by election or by runoff
10    election as may be provided by such ordinance;
11        (2) Village and incorporated town library directors;
12        (3) City boards of stadium commissioners;
13        (4) Commissioners of park districts;
14        (5) Trustees of public library districts;
15        (6) Special District elected officers, not otherwise
16    designated in this Section, where the statute creating or
17    authorizing the creation of the district permits or
18    requires election of candidates of political parties;
19        (7) Township officers, including township park
20    commissioners, township library directors, and boards of
21    managers of community buildings, and Multi-Township
22    Assessors;
23        (8) Highway commissioners and road district clerks;
24        (9) Members of school boards in school districts which
25    adopt Article 33 of the School Code;
26        (10) The directors and chair of the Chain O Lakes - Fox

 

 

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1    River Waterway Management Agency;
2        (11) Forest preserve district commissioners elected
3    under Section 3.5 of the Downstate Forest Preserve
4    District Act;
5        (12) Elected members of school boards, school
6    trustees, directors of boards of school directors,
7    trustees of county boards of school trustees (except in
8    counties or educational service regions having a
9    population of 2,000,000 or more inhabitants) and members
10    of boards of school inspectors, except school boards in
11    school districts that adopt Article 33 of the School Code;
12        (13) Members of Community College district boards;
13        (14) Trustees of Fire Protection Districts;
14        (15) Commissioners of the Springfield Metropolitan
15    Exposition and Auditorium Authority;
16        (16) Elected Trustees of Tuberculosis Sanitarium
17    Districts;
18        (17) Elected Officers of special districts not
19    otherwise designated in this Section for which the law
20    governing those districts does not permit candidates of
21    political parties.
22    (d) At the consolidated primary election in each
23odd-numbered year, candidates of political parties shall be
24nominated for those offices to be filled at the consolidated
25election in that year, except where pursuant to law nomination
26of candidates of political parties is made by caucus, and

 

 

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1except those offices listed in paragraphs (12) through (17) of
2subsection (c).
3    At the consolidated primary election in the appropriate
4odd-numbered years, the mayor, clerk, treasurer, and
5alderpersons shall be elected in municipalities in which
6candidates for mayor, clerk, treasurer, or alderperson are not
7permitted by law to be candidates of political parties,
8subject to runoff elections to be held at the consolidated
9election as may be required by law, and municipal officers
10shall be nominated in a nonpartisan election in municipalities
11in which pursuant to law candidates for such office are not
12permitted to be candidates of political parties.
13    At the consolidated primary election in the appropriate
14odd-numbered years, municipal officers shall be nominated or
15elected, or elected subject to a runoff, as may be provided by
16an ordinance providing a form of government of the
17municipality pursuant to Section 7 of Article VII of the
18Constitution.
19    (e) (Blank).
20    (f) At any election established in Section 2A-1.1, public
21questions may be submitted to voters pursuant to this Code and
22any special election otherwise required or authorized by law
23or by court order may be conducted pursuant to this Code.
24    Notwithstanding the regular dates for election of officers
25established in this Article, whenever a referendum is held for
26the establishment of a political subdivision whose officers

 

 

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1are to be elected, the initial officers shall be elected at the
2election at which such referendum is held if otherwise so
3provided by law. In such cases, the election of the initial
4officers shall be subject to the referendum.
5    Notwithstanding the regular dates for election of
6officials established in this Article, any community college
7district which becomes effective by operation of law pursuant
8to Section 6-6.1 of the Public Community College Act, as now or
9hereafter amended, shall elect the initial district board
10members at the next regularly scheduled election following the
11effective date of the new district.
12    (g) At any election established in Section 2A-1.1, if in
13any precinct there are no offices or public questions required
14to be on the ballot under this Code then no election shall be
15held in the precinct on that date.
16    (h) There may be conducted a referendum in accordance with
17the provisions of Division 6-4 of the Counties Code.
18(Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22;
19102-558, eff. 8-20-21; revised 9-21-21.)
 
20    Section 10. The School Code is amended by changing
21Sections 34-3, 34-4, and 34-4.1 and by renumbering and
22changing Sections 34-18.67 and 34-21.9, as added by Public Act
23102-177, as follows:
 
24    (105 ILCS 5/34-3)  (from Ch. 122, par. 34-3)

 

 

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1    (Text of Section before amendment by P.A. 102-177)
2    Sec. 34-3. Chicago School Reform Board of Trustees; new
3Chicago Board of Education; members; term; vacancies.
4    (a) Within 30 days after the effective date of this
5amendatory Act of 1995, the terms of all members of the Chicago
6Board of Education holding office on that date are abolished
7and the Mayor shall appoint, without the consent or approval
8of the City Council, a 5 member Chicago School Reform Board of
9Trustees which shall take office upon the appointment of the
10fifth member. The Chicago School Reform Board of Trustees and
11its members shall serve until, and the terms of all members of
12the Chicago School Reform Board of Trustees shall expire on,
13June 30, 1999 or upon the appointment of a new Chicago Board of
14Education as provided in subsection (b), whichever is later.
15Any vacancy in the membership of the Trustees shall be filled
16through appointment by the Mayor, without the consent or
17approval of the City Council, for the unexpired term. One of
18the members appointed by the Mayor to the Trustees shall be
19designated by the Mayor to serve as President of the Trustees.
20The Mayor shall appoint a full-time, compensated chief
21executive officer, and his or her compensation as such chief
22executive officer shall be determined by the Mayor. The Mayor,
23at his or her discretion, may appoint the President to serve
24simultaneously as the chief executive officer.
25    (b) Within 30 days before the expiration of the terms of
26the members of the Chicago Reform Board of Trustees as

 

 

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1provided in subsection (a), a new Chicago Board of Education
2consisting of 7 members shall be appointed by the Mayor to take
3office on the later of July 1, 1999 or the appointment of the
4seventh member. Three of the members initially so appointed
5under this subsection shall serve for terms ending June 30,
62002, 4 of the members initially so appointed under this
7subsection shall serve for terms ending June 30, 2003, and
8each member initially so appointed shall continue to hold
9office until his or her successor is appointed and qualified.
10Thereafter at the expiration of the term of any member a
11successor shall be appointed by the Mayor and shall hold
12office for a term of 4 years, from July 1 of the year in which
13the term commences and until a successor is appointed and
14qualified. Any vacancy in the membership of the Chicago Board
15of Education shall be filled through appointment by the Mayor
16for the unexpired term. No appointment to membership on the
17Chicago Board of Education that is made by the Mayor under this
18subsection shall require the approval of the City Council,
19whether the appointment is made for a full term or to fill a
20vacancy for an unexpired term on the Board. The board shall
21elect annually from its number a president and vice-president,
22in such manner and at such time as the board determines by its
23rules. The officers so elected shall each perform the duties
24imposed upon their respective office by the rules of the
25board, provided that (i) the president shall preside at
26meetings of the board and vote as any other member but have no

 

 

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1power of veto, and (ii) the vice president shall perform the
2duties of the president if that office is vacant or the
3president is absent or unable to act. The secretary of the
4Board shall be selected by the Board and shall be an employee
5of the Board rather than a member of the Board,
6notwithstanding subsection (d) of Section 34-3.3. The duties
7of the secretary shall be imposed by the rules of the Board.
8    (c) The board may appoint a student to the board to serve
9in an advisory capacity. The student member shall serve for a
10term as determined by the board. The board may not grant the
11student member any voting privileges, but shall consider the
12student member as an advisor. The student member may not
13participate in or attend any executive session of the board.
14(Source: P.A. 94-231, eff. 7-14-05.)
 
15    (Text of Section after amendment by P.A. 102-177)
16    Sec. 34-3. Chicago School Reform Board of Trustees; new
17Chicago Board of Education; members; term; vacancies.
18    (a) Within 30 days after the effective date of this
19amendatory Act of 1995, the terms of all members of the Chicago
20Board of Education holding office on that date are abolished
21and the Mayor shall appoint, without the consent or approval
22of the City Council, a 5 member Chicago School Reform Board of
23Trustees which shall take office upon the appointment of the
24fifth member. The Chicago School Reform Board of Trustees and
25its members shall serve until, and the terms of all members of

 

 

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1the Chicago School Reform Board of Trustees shall expire on,
2June 30, 1999 or upon the appointment of a new Chicago Board of
3Education as provided in subsection (b), whichever is later.
4Any vacancy in the membership of the Trustees shall be filled
5through appointment by the Mayor, without the consent or
6approval of the City Council, for the unexpired term. One of
7the members appointed by the Mayor to the Trustees shall be
8designated by the Mayor to serve as President of the Trustees.
9The Mayor shall appoint a full-time, compensated chief
10executive officer, and his or her compensation as such chief
11executive officer shall be determined by the Mayor. The Mayor,
12at his or her discretion, may appoint the President to serve
13simultaneously as the chief executive officer.
14    (b) This subsection applies until January 15, 2025. Within
1530 days before the expiration of the terms of the members of
16the Chicago Reform Board of Trustees as provided in subsection
17(a), a new Chicago Board of Education consisting of 7 members
18shall be appointed by the Mayor to take office on the later of
19July 1, 1999 or the appointment of the seventh member. Three of
20the members initially so appointed under this subsection shall
21serve for terms ending June 30, 2002, 4 of the members
22initially so appointed under this subsection shall serve for
23terms ending June 30, 2003, and each member initially so
24appointed shall continue to hold office until his or her
25successor is appointed and qualified.
26    (b-5) On January 15, 2025, the terms of all members of the

 

 

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1Chicago Board of Education appointed under subsection (b) are
2abolished when the new board, consisting of 21 members, is
3appointed by the Mayor and elected by the electors of the
4school district as provided under subsections (b-10) and
5(b-15) and takes office.
6    (b-10) By December 16, 2024 for a term of office beginning
7on January 15, 2025, the Mayor shall appoint 10 Chicago Board
8of Education members, with the advice and consent of the City
9Council, to serve terms of 2 years. All appointed members
10shall serve until a successor is appointed or elected and
11qualified. Thereafter at the expiration of the term of any
12member a successor shall be elected and shall hold office for a
13term of 4 years, from January 15 of the year in which the term
14commences and until a successor is appointed or elected and
15qualified. Any vacancy in the appointed membership of the
16Chicago Board of Education shall be filled through appointment
17by the Mayor, with the consent of the Board, for the unexpired
18term. The terms of the 10 appointed members under this
19subsection shall end on January 14, 2027. By December 16, 2024
20for a term of office beginning on January 15, 2025, the Mayor
21shall appoint a President of the Board, with the advice and
22consent of the City Council, for a term of 2 years. The board
23shall elect annually from its number a vice-president, in such
24manner and at such time as the board determines by its rules.
25The president appointed by the Mayor elected by the voters and
26vice-president elected by the board shall each perform the

 

 

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1duties imposed upon their respective office by the rules of
2the board, provided that (i) the president shall preside at
3meetings of the board and shall only have voting rights to
4break a voting tie of the other Chicago Board of Education
5elected and appointed members and (ii) the vice president
6shall perform the duties of the president if that office is
7vacant or the president is absent or unable to act. Beginning
8with the 2026 general election, one member shall be elected at
9large and serve as the president of the board. After January
1015, 2027, the president shall preside at meetings of the board
11and vote as any other member but have no power of veto. The
12secretary of the Board shall be selected by the Board and shall
13be an employee of the Board rather than a member of the Board,
14notwithstanding subsection (d) of Section 34-3.3. The duties
15of the secretary shall be imposed by the rules of the Board.
16    (b-15) Beginning with the 2024 general election, 10
17members of the Chicago Board of Education shall be elected to
18serve a term of 4 years in office beginning on January 15,
192025. Beginning with the 2026 general election, 10 members of
20the Chicago Board of Education shall be elected to serve a term
21of 4 years in office beginning on January 15, 2027. Whenever a
22vacancy of a Chicago Board of Education elected board member
23occurs, the President of the Board shall notify the Mayor of
24the vacancy within 7 days after its occurrence and shall,
25within 30 days, fill the vacancy for the remainder of the
26unexpired term by majority vote of the remaining board

 

 

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1members. The successor shall have the same qualifications as
2his or her predecessor.
3    For purposes of elections conducted under this subsection,
4the City of Chicago shall be subdivided into electoral
5districts as provided under subsection (a) of Section 34-21.10
634-21.9. From January 15, 2025 to January 14, 2027, each
7district shall be represented by one elected member and one
8appointed member. After January 15, 2027, each district shall
9be represented by one elected member.
10    (b-30) No member shall have, or be an employee or owner of
11a company that has, a contract with the school district. No
12former officer, member, or employee of the board shall, within
13a period of one year immediately after termination of service
14on the board, knowingly accept employment or receive
15compensation or fees for services from a person or entity if
16the officer, member, or employee, during the year immediately
17preceding termination of service on the board, participated
18personally and substantially in the award of contracts with
19the board or the school district, or the issuance of contract
20change orders with the board or the school district, with a
21cumulative value of $25,000 or more to the person or entity, or
22its parent or subsidiary.
23    (c) The board may appoint a student to the board to serve
24in an advisory capacity. The student member shall serve for a
25term as determined by the board. The board may not grant the
26student member any voting privileges, but shall consider the

 

 

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1student member as an advisor. The student member may not
2participate in or attend any executive session of the board.
3(Source: P.A. 102-177, eff. 6-1-22; revised 10-20-21.)
 
4    (105 ILCS 5/34-4)  (from Ch. 122, par. 34-4)
5    (Text of Section before amendment by P.A. 102-177)
6    Sec. 34-4. Eligibility. To be eligible for appointment to
7the board, a person shall be a citizen of the United States,
8shall be a registered voter as provided in the Election Code,
9shall have been a resident of the city for at least 3 years
10immediately preceding his or her appointment, and shall not be
11a child sex offender as defined in Section 11-9.3 of the
12Criminal Code of 2012. Permanent removal from the city by any
13member of the board during his term of office constitutes a
14resignation therefrom and creates a vacancy in the board.
15Except for the President of the Chicago School Reform Board of
16Trustees who may be paid compensation for his or her services
17as chief executive officer as determined by the Mayor as
18provided in subsection (a) of Section 34-3, board members
19shall serve without any compensation; provided, that board
20members shall be reimbursed for expenses incurred while in the
21performance of their duties upon submission of proper receipts
22or upon submission of a signed voucher in the case of an
23expense allowance evidencing the amount of such reimbursement
24or allowance to the president of the board for verification
25and approval. The board of education may continue to provide

 

 

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1health care insurance coverage, employer pension
2contributions, employee pension contributions, and life
3insurance premium payments for an employee required to resign
4from an administrative, teaching, or career service position
5in order to qualify as a member of the board of education. They
6shall not hold other public office under the Federal, State or
7any local government other than that of Director of the
8Regional Transportation Authority, member of the economic
9development commission of a city having a population exceeding
10500,000, notary public or member of the National Guard, and by
11accepting any such office while members of the board, or by not
12resigning any such office held at the time of being appointed
13to the board within 30 days after such appointment, shall be
14deemed to have vacated their membership in the board.
15(Source: P.A. 97-1150, eff. 1-25-13.)
 
16    (Text of Section after amendment by P.A. 102-177)
17    Sec. 34-4. Eligibility. To be eligible for election or
18appointment to the board, a person shall be a citizen of the
19United States, shall be a registered voter as provided in the
20Election Code, shall have been a resident of the city and, if
21applicable, the electoral district, for at least one year
22immediately preceding his or her election or appointment, and
23shall not be a child sex offender as defined in Section 11-9.3
24of the Criminal Code of 2012. A person is ineligible for
25election or appointment to the board if that person is an

 

 

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1employee of the school district. All persons eligible for
2election to the board shall be nominated by a petition signed
3by no less than 250 voters residing within the electoral
4district on a petition in order to be placed on the ballot,
5except that persons eligible for election to the board at
6large shall be nominated by a petition signed by no less than
72,500 voters residing within the city. Permanent removal from
8the city by any member of the board during his term of office
9constitutes a resignation therefrom and creates a vacancy in
10the board. Board members shall serve without any compensation;
11however, board members shall be reimbursed for expenses
12incurred while in the performance of their duties upon
13submission of proper receipts or upon submission of a signed
14voucher in the case of an expense allowance evidencing the
15amount of such reimbursement or allowance to the president of
16the board for verification and approval. Board members shall
17not hold other public office under the Federal, State or any
18local government other than that of Director of the Regional
19Transportation Authority, member of the economic development
20commission of a city having a population exceeding 500,000,
21notary public or member of the National Guard, and by
22accepting any such office while members of the board, or by not
23resigning any such office held at the time of being elected or
24appointed to the board within 30 days after such election or
25appointment, shall be deemed to have vacated their membership
26in the board.

 

 

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1(Source: P.A. 102-177, eff. 6-1-22.)
 
2    (105 ILCS 5/34-4.1)
3    (This Section may contain text from a Public Act with a
4delayed effective date)
5    Sec. 34-4.1. Nomination petitions. In addition to the
6requirements of the general election law, the form of
7petitions under Section 34-4 of this Code shall be
8substantially as follows:
9
NOMINATING PETITIONS
10
(LEAVE OUT THE INAPPLICABLE PART.)
11    To the Board of Election Commissioners for the City of
12Chicago:
13    We the undersigned, being (.... or more) of the voters
14residing within said district, hereby petition that .... who
15resides at .... in the City of Chicago shall be a candidate for
16the office of .... of the board of education (full term)
17(vacancy) to be voted for at the election to be held on (insert
18date).
19    Name: .................. Address: ...................
20    In the designation of the name of a candidate on a petition
21for nomination, the candidate's given name or names, initial
22or initials, a nickname by which the candidate is commonly
23known, or a combination thereof may be used in addition to the
24candidate's surname. If a candidate has changed his or her
25name, whether by a statutory or common law procedure in

 

 

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1Illinois or any other jurisdiction, within 3 years before the
2last day for filing the petition, then (i) the candidate's
3name on the petition must be followed by "formerly known as
4(list all prior names during the 3-year period) until name
5changed on (list date of each such name change)" and (ii) the
6petition must be accompanied by the candidate's affidavit
7stating the candidate's previous names during the period
8specified in clause (i) and the date or dates each of those
9names was changed; failure to meet these requirements shall be
10grounds for denying certification of the candidate's name for
11the ballot, but these requirements do not apply to name
12changes resulting from adoption to assume an adoptive parent's
13or parents' surname, marriage to assume a spouse's surname, or
14dissolution of marriage or declaration of invalidity of
15marriage to assume a former surname. No other designation,
16such as a political slogan, as defined by Section 7-17 of the
17Election Code, title or degree, or nickname suggesting or
18implying possession of a title, degree or professional status,
19or similar information may be used in connection with the
20candidate's surname.
21    All petitions for the nomination of members of a board of
22education shall be filed with the board of election
23commissioners of the jurisdiction in which the principal
24office of the school district is located within the time
25provided for by the general election law, except that
26petitions for the nomination of members of the board of

 

 

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1education for the 2024 general primary March 15, 2022 election
2shall be prepared and certified on the same schedule as the
3petition schedule for the candidates for the General Assembly.
4The board of election commissioners shall receive and file
5only those petitions that include a statement of candidacy,
6the required number of voter signatures, the notarized
7signature of the petition circulator, and a receipt from the
8county clerk showing that the candidate has filed a statement
9of economic interest on or before the last day to file as
10required by the Illinois Governmental Ethics Act. The board of
11election commissioners may have petition forms available for
12issuance to potential candidates and may give notice of the
13petition filing period by publication in a newspaper of
14general circulation within the school district not less than
1510 days prior to the first day of filing. The board of election
16commissioners shall make certification to the proper election
17authorities in accordance with the general election law.
18    The board of election commissioners of the jurisdiction in
19which the principal office of the school district is located
20shall notify the candidates for whom a petition for nomination
21is filed or the appropriate committee of the obligations under
22the Campaign Financing Act as provided in the general election
23law. Such notice shall be given on a form prescribed by the
24State Board of Elections and in accordance with the
25requirements of the general election law. The board of
26election commissioners shall within 7 days of filing or on the

 

 

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1last day for filing, whichever is earlier, acknowledge to the
2petitioner in writing the office's acceptance of the petition.
3    A candidate for membership on the board of education who
4has petitioned for nomination to fill a full term and to fill a
5vacant term to be voted upon at the same election must withdraw
6his or her petition for nomination from either the full term or
7the vacant term by written declaration.
8    Nomination petitions are not valid unless the candidate
9named therein files with the board of election commissioners a
10receipt from the county clerk showing that the candidate has
11filed a statement of economic interests as required by the
12Illinois Governmental Ethics Act. Such receipt shall be so
13filed either previously during the calendar year in which his
14or her nomination papers were filed or within the period for
15the filing of nomination papers in accordance with the general
16election law.
17(Source: P.A. 102-177, eff. 6-1-22.)
 
18    (105 ILCS 5/34-18.70)
19    (This Section may contain text from a Public Act with a
20delayed effective date)
21    Sec. 34-18.70 34-18.67. Independent financial review
22Financial Review. The Chicago Board of Education shall
23commission an independent review and report of the district's
24finances and entanglements with the City of Chicago. No later
25than October 31, 2022 June 30, 2025, the report shall be

 

 

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1provided to the Governor, the Illinois State Board of
2Education, the Illinois General Assembly, the Mayor of the
3City of Chicago, and the Chicago Board of Education. No later
4than July 1, 2023, the The Illinois State Board of Education
5shall review the independent review and report and make
6recommendations to the legislature on the Chicago Board of
7Education's ability to operate with the financial resources
8available to it as an independent unit of local government.
9(Source: P.A. 102-177, eff. 6-1-22; revised 10-19-21.)
 
10    (105 ILCS 5/34-21.10)
11    (This Section may contain text from a Public Act with a
12delayed effective date)
13    Sec. 34-21.10 34-21.9. Creation of electoral districts;
14reapportionment of districts.
15    (a) For purposes of elections conducted pursuant to
16subsection (b-5) of Section 34-3, the City of Chicago shall be
17subdivided into 10 electoral districts for the 2024 elections
18and into 20 electoral districts for the 2026 elections after
19the effective date of this amendatory Act of the 102nd General
20Assembly by the General Assembly for seats on the Chicago
21Board of Education. The electoral districts must be drawn on
22or before July 1, 2023 February 1, 2022. Each district must be
23compact, contiguous, and substantially equal in population and
24consistent with the Illinois Voting Rights Act.
25    (b) In the year following each decennial census, the

 

 

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1General Assembly shall redistrict the electoral districts to
2reflect the results of the decennial census consistent with
3the requirements in subsection (a). The reapportionment plan
4shall be completed and formally approved by the General
5Assembly not less than 90 days before the last date
6established by law for the filing of nominating petitions for
7the second school board election after the decennial census
8year. If by reapportionment a board member no longer resides
9within the electoral district from which the member was
10elected, the member shall continue to serve in office until
11the expiration of the member's regular term. All new members
12shall be elected from the electoral districts as
13reapportioned.
14(Source: P.A. 102-177, eff. 6-1-22; revised 10-20-21.)
 
15    Section 15. "An Act concerning elections", approved July
1629, 2021, Public Act 102-177, is amended by adding Section 99
17as follows:
 
18    (P.A. 102-177, Sec. 99 new)
19    Sec. 99. Effective date. This Section and the provisions
20changing Section 34-18.69 of the School Code take effect upon
21becoming law.
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text

 

 

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1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.
 
6    Section 99. Effective date. This Act takes effect on June
71, 2022, except that this Section and Section 15 take effect
8upon becoming law.".