Full Text of HB3302 99th General Assembly
HB3302 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3302 Introduced , by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/10-6 | from Ch. 46, par. 10-6 | 105 ILCS 5/9-10 | from Ch. 122, par. 9-10 | 105 ILCS 5/10-10 | from Ch. 122, par. 10-10 |
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Amends the Election Code and School Code. Authorizes nominations of candidates for schools district offices to be filed with the county clerk or county board of election commissioners of the county (instead of the election authority) in which the principal office of the school district is located. Makes changes concerning what the county clerk or county board of election commissioners may receive and file. Provides that if a board of education vacancy occurs within 90 days before the first date for filing petitions for the next regularly scheduled consolidated election (rather than with less than 868 days remaining in the term or less than 88 days before the next regularly scheduled election), then the person so appointed shall serve the remainder of the unexpired term, and no election to fill the vacancy shall be held. Requires the regional superintendent of schools to fill the vacancy within 60 (rather than 45) days if the remaining members have failed to fill the vacancy. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 10-6 as follows:
| 6 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 7 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 8 | | nomination and nomination papers for the nomination of | 9 | | candidates for
offices to be filled by electors of the entire | 10 | | State, or any district
not entirely within a county, or for | 11 | | congressional, state legislative or
judicial offices, shall be | 12 | | presented to the principal office of the
State Board of | 13 | | Elections not more than 141 nor less than 134
days previous
to | 14 | | the day of election for which the candidates are nominated. The
| 15 | | State Board of Elections shall endorse the certificates of | 16 | | nomination or
nomination papers, as the case may be, and the | 17 | | date and hour of
presentment to it. Except as otherwise | 18 | | provided in this section, all
other certificates for the | 19 | | nomination of candidates shall be filed with
the county clerk | 20 | | of the respective counties not more than 141 but at
least 134 | 21 | | days previous to the day of such election. Certificates of | 22 | | nomination and nomination papers for the nomination of | 23 | | candidates for school district offices to be filled at |
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| 1 | | consolidated elections shall be filed with the county clerk or | 2 | | county board of election commissioners of the county election | 3 | | authority in which the principal office of the school district | 4 | | is located not more than 113 nor less than 106 days before the | 5 | | consolidated election. Certificates
of
nomination and | 6 | | nomination papers for the nomination of candidates for
the | 7 | | other offices of political subdivisions to be filled at regular | 8 | | elections
other than the general election shall be filed with | 9 | | the local election
official of such subdivision:
| 10 | | (1) (Blank);
| 11 | | (2) not more than 113 nor less than 106 days prior to | 12 | | the
consolidated
election; or
| 13 | | (3) not more than 113 nor less than 106 days prior to | 14 | | the general
primary in the case of municipal offices to be | 15 | | filled at the general
primary election; or
| 16 | | (4) not more than 99 nor less than 92 days before the
| 17 | | consolidated
primary in the case of municipal offices to be | 18 | | elected on a nonpartisan
basis pursuant to law (including | 19 | | without limitation, those municipal
offices subject to | 20 | | Articles 4 and 5 of the Municipal Code); or
| 21 | | (5) not more than 113 nor less than 106 days before the | 22 | | municipal
primary in even numbered years for such | 23 | | nonpartisan municipal offices
where annual elections are | 24 | | provided; or
| 25 | | (6) in the case of petitions for the office of | 26 | | multi-township assessor,
such petitions shall be filed |
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| 1 | | with the election authority not more than
113 nor less than | 2 | | 106 days before the consolidated election.
| 3 | | However, where a political subdivision's boundaries are | 4 | | co-extensive
with or are entirely within the jurisdiction of a | 5 | | municipal board of
election commissioners, the certificates of | 6 | | nomination and nomination
papers for candidates for such | 7 | | political subdivision offices shall be filed
in the office of | 8 | | such Board.
| 9 | | (Source: P.A. 98-691, eff. 7-1-14.)
| 10 | | Section 10. The School Code is amended by changing Sections | 11 | | 9-10 and 10-10 as follows:
| 12 | | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
| 13 | | Sec. 9-10. Candidates for office - Nominating petitions. | 14 | | Candidates for
the office of school director shall be nominated | 15 | | by petition signed by at
least 25 voters or 5% of the voters, | 16 | | whichever is less, residing within
the district and filed with | 17 | | the county clerk or the county board of election commissioners, | 18 | | as the case may be, of the county in which the principal office | 19 | | of the school district is located.
| 20 | | Nominations for members of boards of education, including | 21 | | non-high school
boards of education shall be made by a petition | 22 | | signed by at least 50 voters
or 10% of the voters, whichever is | 23 | | less, residing within the district and
shall be filed with the | 24 | | county clerk or the county board of election commissioners, as |
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| 1 | | the case may be, of the county in which the principal office of | 2 | | the school district is located. In addition
to the requirements | 3 | | of the general election law, the form of such petitions
shall | 4 | | be substantially as follows:
| 5 | | NOMINATING PETITIONS
| 6 | | (LEAVE OUT THE INAPPLICABLE PART.)
| 7 | | To the (County Clerk or County Board of Election | 8 | | Commissioners) .... of .... County:
| 9 | | We the undersigned, being (.... or more) (or 10% or more) | 10 | | (or 5% or more)
of the voters residing within said district, | 11 | | hereby petition that .... who
resides at .... in the (city or | 12 | | village) of .... in Township .... (or who
resides outside any | 13 | | city, village or incorporated town and in Township ....) in
| 14 | | said district shall be a candidate for the office of .... of | 15 | | the board of
education (or board of directors) (full term) | 16 | | (vacancy) to be voted for at the
election to be held on (insert | 17 | | date).
| 18 | | Name: .................. Address: ...................
| 19 | | In the designation of the name of a candidate on a petition | 20 | | for
nomination, the candidate's given name or names, initial or | 21 | | initials, a nickname by which the candidate is commonly known, | 22 | | or a combination thereof may be used in addition to the | 23 | | candidate's surname. If a candidate has changed his or her | 24 | | name, whether by a statutory or common law procedure in | 25 | | Illinois or any other jurisdiction, within 3 years before the |
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| 1 | | last day for filing the petition, then (i) the candidate's name | 2 | | on the petition must be followed by "formerly known as (list | 3 | | all prior names during the 3-year period) until name changed on | 4 | | (list date of each such name change)" and (ii) the petition | 5 | | must be accompanied by the candidate's affidavit stating the | 6 | | candidate's previous names during the period specified in | 7 | | clause (i) and the date or dates each of those names was | 8 | | changed; failure to meet these requirements shall be grounds | 9 | | for denying certification of the candidate's name for the | 10 | | ballot, but these requirements do not apply to name changes | 11 | | resulting from adoption to assume an adoptive parent's or | 12 | | parents' surname, marriage to assume a spouse's surname, or | 13 | | dissolution of marriage or declaration of invalidity of | 14 | | marriage to assume a former surname. No other designation, such | 15 | | as a political slogan, as defined by Section 7-17 of the | 16 | | Election Code, title or degree, or nickname suggesting or | 17 | | implying possession of a title, degree or professional status, | 18 | | or similar information may be used in connection with the | 19 | | candidate's surname.
| 20 | | Nomination papers filed under this Section are not valid | 21 | | unless the candidate
named therein files with the county clerk | 22 | | or the county board of election commissioners, as the case may | 23 | | be, of the county in which the principal office of the school | 24 | | district is located a receipt
from the county clerk showing | 25 | | that the candidate has filed a statement of
economic interests | 26 | | as required by the Illinois Governmental Ethics Act.
Such |
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| 1 | | receipt shall be so filed either previously during the calendar | 2 | | year
in which his nomination papers were filed or within the | 3 | | period for the filing
of nomination papers in accordance with | 4 | | the general election law.
| 5 | | All petitions for the nomination of members of a board of | 6 | | education shall
be filed with the county clerk or the county | 7 | | board of election commissioners, as the case may be, of the | 8 | | county in which the principal office of the school district is | 9 | | located within the time provided for
by the general election | 10 | | law. The county clerk or the county board of election | 11 | | commissioners shall receive and file only
those petitions which | 12 | | include a statement of candidacy, the required number
of voter | 13 | | signatures, the notarized signature of the petition circulator
| 14 | | and a receipt from the County Clerk showing that the candidate | 15 | | has filed
a statement of economic interest on or before the | 16 | | last day to file as required
by the Illinois Governmental | 17 | | Ethics Act. The county clerk or the county board of election | 18 | | commissioners may have petition
forms available
for issuance to | 19 | | potential candidates, and may give notice of the petition
| 20 | | filing period by publication in a newspaper of general | 21 | | circulation within
the school district not less than 10 days | 22 | | prior to the first day of filing.
The county clerk or the | 23 | | county board of election commissioners shall make | 24 | | certification to the proper election authorities
in accordance | 25 | | with the general election law.
| 26 | | The county clerk or the county board of election |
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| 1 | | commissioners, as the case may be, of the county in which the | 2 | | principal office of the school district is located shall notify | 3 | | the candidates
for whom a petition for nomination is filed or | 4 | | the appropriate committee
of the obligations under the Campaign | 5 | | Financing Act as provided in the general
election law. Such | 6 | | notice
shall be given on a form prescribed by the State Board | 7 | | of Elections and
in accordance with the requirements of the | 8 | | general election law. The county clerk or county board of | 9 | | election commissioners
shall within 7 days of filing or on the | 10 | | last day for filing, whichever is
earlier, acknowledge to the | 11 | | petitioner in writing the office's acceptance of the
petition.
| 12 | | A candidate for membership on the board of education or for | 13 | | office as a
school director, who has petitioned for nomination | 14 | | to fill a full term and
to fill a vacant term to be voted upon | 15 | | at the same election, must withdraw
his or her petition for | 16 | | nomination from either the full term or the vacant
term by | 17 | | written declaration.
| 18 | | In all newly organized districts the petition for the | 19 | | nomination of
candidates
for members of the board of education | 20 | | at the first election shall be addressed
to and filed with the | 21 | | regional superintendent of schools in the manner herein
| 22 | | specified for the petitions for
members of a board of | 23 | | education. For such election the regional superintendent
shall | 24 | | fulfill all duties otherwise assigned to the secretary of the | 25 | | board
of education.
| 26 | | (Source: P.A. 98-115, eff. 7-29-13.)
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| 1 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| 2 | | Sec. 10-10. Board of education; term; vacancy. All school | 3 | | districts
having a population of not fewer than 1,000 and not | 4 | | more than 500,000
inhabitants, as ascertained by any special or | 5 | | general census, and not
governed by special Acts, shall be | 6 | | governed by a board of education
consisting of 7 members, | 7 | | serving without compensation except as herein
provided. Each | 8 | | member shall be elected for a term of 4 years for the initial | 9 | | members
of the board of education of a combined school district | 10 | | to which that
subsection applies. If 5 members are elected in | 11 | | 1983 pursuant to the extension
of terms provided by
law for | 12 | | transition to the consolidated election schedule under the | 13 | | general
election law, 2 of those members shall be elected to | 14 | | serve terms of 2 years
and 3 shall be elected to serve terms of | 15 | | 4 years; their successors shall
serve for a 4 year term. When | 16 | | the voters of a district have voted to elect
members of the | 17 | | board of education for 6 year terms, as provided in Section
| 18 | | 9-5, the terms of office of members of the board of education | 19 | | of that
district expire when their successors assume office but | 20 | | not later than 7
days after such election. If at the regular | 21 | | school election held in the
first odd-numbered year after the | 22 | | determination to elect members for 6 year
terms 2 members are | 23 | | elected, they shall serve for a 6 year term; and of the
members | 24 | | elected at the next regular school election 3 shall serve for a
| 25 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter |
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| 1 | | members
elected in such districts shall be elected to a 6 year | 2 | | term. If at the
regular school election held in the first | 3 | | odd-numbered year after the
determination to elect members for | 4 | | 6 year terms 3 members are elected, they
shall serve for a 6 | 5 | | year term; and of the members elected at the next
regular | 6 | | school election 2 shall serve for a term of 2 years and 2 shall
| 7 | | serve for a term of 6 years. Thereafter members elected in such | 8 | | districts
shall be elected to a 6 year term. If at the regular | 9 | | school election held
in the first odd-numbered year after the | 10 | | determination to elect members for
6 year terms 4 members are | 11 | | elected, 3 shall serve for a term of 6 years and
one shall | 12 | | serve for a term of 2 years; and of the members elected at the
| 13 | | next regular school election 2 shall serve for terms of 6 years | 14 | | and 2 shall
serve for terms of 2 years. Thereafter members | 15 | | elected in such districts
shall be elected to a 6 year term. If | 16 | | at the regular school election held
in the first odd-numbered | 17 | | year after the determination to elect members for
a 6 year term | 18 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 19 | | shall serve for a term of 2 years; and of the members elected | 20 | | at the
next regular school election 2 shall serve for terms of | 21 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter | 22 | | members elected in such districts
shall be elected to a 6 year | 23 | | term. An election for board members shall not
be held in school | 24 | | districts which by consolidation, annexation or otherwise
| 25 | | shall cease to exist as a school district within 6 months after | 26 | | the
election date, and the term of all board members which |
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| 1 | | would otherwise
terminate shall be continued until such | 2 | | district shall cease to exist. Each
member, on the date of his | 3 | | or her election, shall be a
citizen of the United
States of the | 4 | | age of 18 years or over, shall be a resident of the State and
| 5 | | the
territory of the district for at least one year immediately | 6 | | preceding his or
her
election, shall be a registered voter as | 7 | | provided in the general election
law,
shall not be a school | 8 | | trustee, must not have been removed from a school board | 9 | | pursuant to Section 2-3.25f-5 of this Code (unless subsequently | 10 | | appointed as a member of an Independent Authority or if it has | 11 | | been 10 years since the abolition of the Independent Authority | 12 | | in the district), and shall not be a child
sex offender as | 13 | | defined in Section 11-9.3 of the
Criminal Code of 2012. When | 14 | | the board of
education is the successor of the school | 15 | | directors, all rights of property,
and all rights regarding | 16 | | causes of action existing or vested in such
directors, shall | 17 | | vest in it as fully as they were vested in the school
| 18 | | directors. Terms of members are subject to Section 2A-54 of the | 19 | | Election Code.
| 20 | | Nomination papers filed under this Section are not valid | 21 | | unless the candidate
named therein files with the county clerk | 22 | | or the county board of election commissioners, as the case may | 23 | | be, of the county in which the principal office of the school | 24 | | district is located a receipt
from the county clerk showing | 25 | | that the candidate has filed a statement of
economic interests | 26 | | as required by the Illinois Governmental Ethics Act.
Such |
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| 1 | | receipt shall be so filed either previously during the calendar | 2 | | year
in which his nomination papers were filed or within the | 3 | | period for the filing
of nomination papers in accordance with | 4 | | the general election law.
| 5 | | Whenever a vacancy occurs, the remaining members shall | 6 | | notify the
regional superintendent of that vacancy within 5 | 7 | | days after its occurrence
and shall proceed to fill the vacancy | 8 | | until the next regular school
election, at which election a | 9 | | successor shall be elected to serve the
remainder of the | 10 | | unexpired term. However, if, after the effective date of this | 11 | | amendatory Act of the 99th General Assembly, if the vacancy | 12 | | occurs within 90 days before the first date for filing | 13 | | petitions for the next regularly scheduled consolidated | 14 | | election, with less
than 868 days remaining in the term, or if | 15 | | the vacancy occurs
less than 88
days before the next regularly | 16 | | scheduled election for this office then the
person so appointed | 17 | | shall serve the remainder of the unexpired term, and no
| 18 | | election to fill the vacancy shall be held. Should they fail so | 19 | | to
act, within 60 45 days after the vacancy occurs, the | 20 | | regional superintendent
of schools under whose supervision and | 21 | | control the district is operating,
as defined in Section 3-14.2 | 22 | | of this Act, shall within 30 days after the
remaining members | 23 | | have failed to fill the vacancy, fill the vacancy as
provided | 24 | | for herein. Upon the regional superintendent's failure to fill | 25 | | the
vacancy, the vacancy shall be filled at the next regularly | 26 | | scheduled
election. Whether elected or appointed by the |
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| 1 | | remaining members or regional
superintendent, the successor | 2 | | shall be an inhabitant of the particular area
from which his or | 3 | | her predecessor was elected if the residential requirements
| 4 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 5 | | A board of education may appoint a student to the board to | 6 | | serve in an advisory capacity. The student member shall serve | 7 | | for a term as determined by the board. The board may not grant | 8 | | the student member any voting privileges, but shall consider | 9 | | the student member as an advisor. The student member may not | 10 | | participate in or attend any executive session of the board.
| 11 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13; | 12 | | 98-1155, eff. 1-9-15.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law. |
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