Full Text of SB4180 102nd General Assembly
SB4180 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB4180 Introduced 2/23/2022, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/2A-1.2 | from Ch. 46, par. 2A-1.2 | 10 ILCS 5/2A-56 new | | 10 ILCS 5/10-6 | from Ch. 46, par. 10-6 | 10 ILCS 5/10-9 | from Ch. 46, par. 10-9 | 10 ILCS 5/22-1 | from Ch. 46, par. 22-1 | 10 ILCS 5/22-7 | from Ch. 46, par. 22-7 | 105 ILCS 5/1A-1 | from Ch. 122, par. 1A-1 | 105 ILCS 5/1A-2 | from Ch. 122, par. 1A-2 | 105 ILCS 5/1A-2.1 | from Ch. 122, par. 1A-2.1 | 105 ILCS 5/1A-4 | from Ch. 122, par. 1A-4 |
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Amends the Election Code and the School Code. Provides for 5 new members of the State Board of Education to be elected at the general election in 2024 and every 4 years thereafter (now, the Board consists of 8 members appointed by the Governor with the advice and consent of the Senate). Provides that one member shall be elected from each judicial district. Provides that the 5 members shall be elected on a non partisan basis. Provides that a petition for nomination of a candidate for member of the Board shall be signed by at least 0.5% of the total number of registered voters in the judicial district. Provides that beginning on the date when the 5 members initially elected take office, a majority of the Board shall constitute a quorum. Makes related changes.
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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 | 5 | | Sections 2A-1.2, 10-6, 10-9, 22-1, and 22-7 and by adding | 6 | | Section 2A-56 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 | 10 | | designated.
| 11 | | (a) At the general election in the appropriate | 12 | | even-numbered years, the
following offices shall be filled or | 13 | | shall 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 | 17 | | Representative;
| 18 | | (3) State Executive Branch elected officers;
| 19 | | (4) State Senator and State Representative;
| 20 | | (5) County elected officers, including State's | 21 | | Attorney, County Board
member, County Commissioners, and | 22 | | elected President of the County Board or
County Chief | 23 | | Executive;
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| 1 | | (6) Circuit Court Clerk;
| 2 | | (7) Regional Superintendent of Schools, except in | 3 | | counties or
educational service regions in which that | 4 | | office has been abolished;
| 5 | | (8) Judges of the Supreme, Appellate and Circuit | 6 | | Courts, on the question
of retention, to fill vacancies | 7 | | and newly created judicial offices;
| 8 | | (9) (Blank);
| 9 | | (10) Trustee of the Metropolitan Water Reclamation | 10 | | District of Greater Chicago, and elected
Trustee of other | 11 | | Sanitary Districts;
| 12 | | (11) Special District elected officers, not otherwise | 13 | | designated in this
Section, where the statute creating or | 14 | | authorizing the creation of
the district requires an | 15 | | annual election and permits or requires election
of | 16 | | candidates of political parties.
| 17 | | (b) At the general primary election:
| 18 | | (1) in each even-numbered year candidates of political | 19 | | parties shall be
nominated for those offices to be filled | 20 | | at the general election in that
year, except where | 21 | | pursuant to law nomination of candidates of political
| 22 | | parties is made by caucus.
| 23 | | (2) in the appropriate even-numbered years the | 24 | | political party offices of
State central committeeperson, | 25 | | township committeeperson, ward committeeperson, and
| 26 | | precinct committeeperson shall be filled and delegates and |
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| 1 | | alternate delegates
to the National nominating conventions | 2 | | shall be elected as may be required
pursuant to this Code. | 3 | | In the even-numbered years in which a Presidential
| 4 | | election is to be held, candidates in the Presidential | 5 | | preference primary
shall also be on the ballot.
| 6 | | (3) in each even-numbered year, where the municipality | 7 | | has provided for
annual elections to elect municipal | 8 | | officers pursuant to Section 6(f) or
Section 7 of Article | 9 | | VII of the Constitution, pursuant to the Illinois
| 10 | | Municipal Code or pursuant to the municipal charter, the | 11 | | offices of such
municipal officers shall be filled at an | 12 | | election held on the date of the
general primary election, | 13 | | provided that the municipal election shall be a
| 14 | | nonpartisan election where required by the Illinois | 15 | | Municipal Code. For
partisan municipal elections in | 16 | | even-numbered years, a primary to nominate
candidates for | 17 | | municipal office to be elected at the general primary
| 18 | | election shall be held on the Tuesday 6 weeks preceding | 19 | | that election.
| 20 | | (4) in each school district which has adopted the | 21 | | provisions of
Article 33 of the School Code, successors to | 22 | | the members of the board
of education whose terms expire | 23 | | in the year in which the general primary is
held shall be | 24 | | elected.
| 25 | | (c) At the consolidated election in the appropriate | 26 | | odd-numbered years,
the following offices shall be filled:
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| 1 | | (1) Municipal officers, provided that in | 2 | | municipalities in which
candidates for alderperson or | 3 | | other municipal office are not permitted by law
to be | 4 | | candidates of political parties, the runoff election where | 5 | | required
by law, or the nonpartisan election where | 6 | | required by law, shall be held on
the date of the | 7 | | consolidated election; and provided further, in the case | 8 | | of
municipal officers provided for by an ordinance | 9 | | providing the form of
government of the municipality | 10 | | pursuant to Section 7 of Article VII of the
Constitution, | 11 | | such offices shall be filled by election or by runoff
| 12 | | election as may be provided by such ordinance;
| 13 | | (2) Village and incorporated town library directors;
| 14 | | (3) City boards of stadium commissioners;
| 15 | | (4) Commissioners of park districts;
| 16 | | (5) Trustees of public library districts;
| 17 | | (6) Special District elected officers, not otherwise | 18 | | designated in this
Section, where the statute creating or | 19 | | authorizing the creation of the district
permits or | 20 | | requires election of candidates of political parties;
| 21 | | (7) Township officers, including township park | 22 | | commissioners, township
library directors, and boards of | 23 | | managers of community buildings, and
Multi-Township | 24 | | Assessors;
| 25 | | (8) Highway commissioners and road district clerks;
| 26 | | (9) Members of school boards in school districts which |
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| 1 | | adopt Article 33
of the School Code;
| 2 | | (10) The directors and chair of the Chain O Lakes - Fox | 3 | | River Waterway
Management Agency;
| 4 | | (11) Forest preserve district commissioners elected | 5 | | under Section 3.5 of
the Downstate Forest Preserve | 6 | | District Act;
| 7 | | (12) Elected members of school boards, school | 8 | | trustees, directors of
boards of school directors, | 9 | | trustees of county boards of school trustees
(except in | 10 | | counties or educational service regions having a | 11 | | population
of 2,000,000 or more inhabitants) and members | 12 | | of boards of school inspectors,
except school boards in | 13 | | school
districts that adopt Article 33 of the School Code;
| 14 | | (13) Members of Community College district boards;
| 15 | | (14) Trustees of Fire Protection Districts;
| 16 | | (15) Commissioners of the Springfield Metropolitan | 17 | | Exposition and
Auditorium
Authority;
| 18 | | (16) Elected Trustees of Tuberculosis Sanitarium | 19 | | Districts;
| 20 | | (17) Elected Officers of special districts not | 21 | | otherwise designated in
this Section for which the law | 22 | | governing those districts does not permit
candidates of | 23 | | political parties.
| 24 | | (d) At the consolidated primary election in each | 25 | | odd-numbered year,
candidates of political parties shall be | 26 | | nominated for those offices to be
filled at the consolidated |
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| 1 | | election in that year, except where pursuant to
law nomination | 2 | | of candidates of political parties is made by caucus, and
| 3 | | except those offices listed in paragraphs (12) through (17) of | 4 | | subsection
(c).
| 5 | | At the consolidated primary election in the appropriate | 6 | | odd-numbered years,
the mayor, clerk, treasurer, and | 7 | | alderpersons shall be elected in
municipalities in which
| 8 | | candidates for mayor, clerk, treasurer, or alderperson are not | 9 | | permitted by
law to be candidates
of political parties, | 10 | | subject to runoff elections to be held at the
consolidated | 11 | | election as may be required
by law, and municipal officers | 12 | | shall be nominated in a nonpartisan election
in municipalities | 13 | | in which pursuant to law candidates for such office are
not | 14 | | permitted to be candidates of political parties.
| 15 | | At the consolidated primary election in the appropriate | 16 | | odd-numbered years,
municipal officers shall be nominated or | 17 | | elected, or elected subject to
a runoff, as may be provided by | 18 | | an ordinance providing a form of government
of the | 19 | | municipality pursuant to Section 7 of Article VII of the | 20 | | Constitution.
| 21 | | (e) (Blank).
| 22 | | (f) At any election established in Section 2A-1.1, public | 23 | | questions may
be submitted to voters pursuant to this Code and | 24 | | any special election
otherwise required or authorized by law | 25 | | or by court order may be conducted
pursuant to this Code.
| 26 | | Notwithstanding the regular dates for election of officers |
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| 1 | | established
in this Article, whenever a referendum is held for | 2 | | the establishment of
a political subdivision whose officers | 3 | | are to be elected, the initial officers
shall be elected at the | 4 | | election at which such referendum is held if otherwise
so | 5 | | provided by law. In such cases, the election of the initial | 6 | | officers
shall be subject to the referendum.
| 7 | | Notwithstanding the regular dates for election of | 8 | | officials established
in this Article, any community college | 9 | | district which becomes effective by
operation of law pursuant | 10 | | to Section 6-6.1 of the Public Community College
Act, as now or | 11 | | hereafter amended, shall elect the initial district board
| 12 | | members at the next regularly scheduled election following the | 13 | | effective
date of the new district.
| 14 | | (g) At any election established in Section 2A-1.1, if in | 15 | | any precinct
there are no offices or public questions required | 16 | | to be on the ballot under
this Code then no election shall be | 17 | | held in the precinct on that date.
| 18 | | (h) There may be conducted a
referendum in accordance with | 19 | | the provisions of Division 6-4 of the
Counties Code.
| 20 | | (Source: P.A. 102-15, eff. 6-17-21; 102-558, eff. 8-20-21.) | 21 | | (Text of Section after amendment by P.A. 102-177 )
| 22 | | Sec. 2A-1.2. Consolidated schedule of elections; offices | 23 | | designated.
| 24 | | (a) At the general election in the appropriate | 25 | | even-numbered years, the
following offices shall be filled or |
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| 1 | | shall be on the ballot as otherwise
required by this Code:
| 2 | | (1) Elector of President and Vice President of the | 3 | | United States.
| 4 | | (2) United States Senator and United States | 5 | | Representative.
| 6 | | (3) State Executive Branch elected officers.
| 7 | | (4) State Senator and State Representative.
| 8 | | (5) County elected officers, including State's | 9 | | Attorney, County Board
member, County Commissioners, and | 10 | | elected President of the County Board or
County Chief | 11 | | Executive.
| 12 | | (6) Circuit Court Clerk.
| 13 | | (7) Regional Superintendent of Schools, except in | 14 | | counties or
educational service regions in which that | 15 | | office has been abolished.
| 16 | | (8) Judges of the Supreme, Appellate and Circuit | 17 | | Courts, on the question
of retention, to fill vacancies | 18 | | and newly created judicial offices.
| 19 | | (9) (Blank).
| 20 | | (10) Trustee of the Metropolitan Water Reclamation | 21 | | District of Greater Chicago, and elected
Trustee of other | 22 | | Sanitary Districts.
| 23 | | (11) Special District elected officers, not otherwise | 24 | | designated in this
Section, where the statute creating or | 25 | | authorizing the creation of
the district requires an | 26 | | annual election and permits or requires election
of |
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| 1 | | candidates of political parties. | 2 | | (12) Beginning with the 2024 general election, the | 3 | | elected members of the Chicago Board of Education; the | 4 | | election of members of the Chicago Board of Education | 5 | | shall be a nonpartisan
election as provided for under this | 6 | | Code and may be conducted on
a separate ballot.
| 7 | | (13) Beginning on November 5, 2024, 5 members of the | 8 | | State Board of Education. | 9 | | (b) At the general primary election:
| 10 | | (1) in each even-numbered year candidates of political | 11 | | parties shall be
nominated for those offices to be filled | 12 | | at the general election in that
year, except where | 13 | | pursuant to law nomination of candidates of political
| 14 | | parties is made by caucus.
| 15 | | (2) in the appropriate even-numbered years the | 16 | | political party offices of
State central committeeperson, | 17 | | township committeeperson, ward committeeperson, and
| 18 | | precinct committeeperson shall be filled and delegates and | 19 | | alternate delegates
to the National nominating conventions | 20 | | shall be elected as may be required
pursuant to this Code. | 21 | | In the even-numbered years in which a Presidential
| 22 | | election is to be held, candidates in the Presidential | 23 | | preference primary
shall also be on the ballot.
| 24 | | (3) in each even-numbered year, where the municipality | 25 | | has provided for
annual elections to elect municipal | 26 | | officers pursuant to Section 6(f) or
Section 7 of Article |
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| 1 | | VII of the Constitution, pursuant to the Illinois
| 2 | | Municipal Code or pursuant to the municipal charter, the | 3 | | offices of such
municipal officers shall be filled at an | 4 | | election held on the date of the
general primary election, | 5 | | provided that the municipal election shall be a
| 6 | | nonpartisan election where required by the Illinois | 7 | | Municipal Code. For
partisan municipal elections in | 8 | | even-numbered years, a primary to nominate
candidates for | 9 | | municipal office to be elected at the general primary
| 10 | | election shall be held on the Tuesday 6 weeks preceding | 11 | | that election.
| 12 | | (4) in each school district which has adopted the | 13 | | provisions of
Article 33 of the School Code, successors to | 14 | | the members of the board
of education whose terms expire | 15 | | in the year in which the general primary is
held shall be | 16 | | elected.
| 17 | | (c) At the consolidated election in the appropriate | 18 | | odd-numbered years,
the following offices shall be filled:
| 19 | | (1) Municipal officers, provided that in | 20 | | municipalities in which
candidates for alderperson or | 21 | | other municipal office are not permitted by law
to be | 22 | | candidates of political parties, the runoff election where | 23 | | required
by law, or the nonpartisan election where | 24 | | required by law, shall be held on
the date of the | 25 | | consolidated election; and provided further, in the case | 26 | | of
municipal officers provided for by an ordinance |
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| 1 | | providing the form of
government of the municipality | 2 | | pursuant to Section 7 of Article VII of the
Constitution, | 3 | | such offices shall be filled by election or by runoff
| 4 | | election as may be provided by such ordinance;
| 5 | | (2) Village and incorporated town library directors;
| 6 | | (3) City boards of stadium commissioners;
| 7 | | (4) Commissioners of park districts;
| 8 | | (5) Trustees of public library districts;
| 9 | | (6) Special District elected officers, not otherwise | 10 | | designated in this
Section, where the statute creating or | 11 | | authorizing the creation of the district
permits or | 12 | | requires election of candidates of political parties;
| 13 | | (7) Township officers, including township park | 14 | | commissioners, township
library directors, and boards of | 15 | | managers of community buildings, and
Multi-Township | 16 | | Assessors;
| 17 | | (8) Highway commissioners and road district clerks;
| 18 | | (9) Members of school boards in school districts which | 19 | | adopt Article 33
of the School Code;
| 20 | | (10) The directors and chair of the Chain O Lakes - Fox | 21 | | River Waterway
Management Agency;
| 22 | | (11) Forest preserve district commissioners elected | 23 | | under Section 3.5 of
the Downstate Forest Preserve | 24 | | District Act;
| 25 | | (12) Elected members of school boards, school | 26 | | trustees, directors of
boards of school directors, |
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| 1 | | trustees of county boards of school trustees
(except in | 2 | | counties or educational service regions having a | 3 | | population
of 2,000,000 or more inhabitants) and members | 4 | | of boards of school inspectors,
except school boards in | 5 | | school
districts that adopt Article 33 of the School Code;
| 6 | | (13) Members of Community College district boards;
| 7 | | (14) Trustees of Fire Protection Districts;
| 8 | | (15) Commissioners of the Springfield Metropolitan | 9 | | Exposition and
Auditorium
Authority;
| 10 | | (16) Elected Trustees of Tuberculosis Sanitarium | 11 | | Districts;
| 12 | | (17) Elected Officers of special districts not | 13 | | otherwise designated in
this Section for which the law | 14 | | governing those districts does not permit
candidates of | 15 | | political parties.
| 16 | | (d) At the consolidated primary election in each | 17 | | odd-numbered year,
candidates of political parties shall be | 18 | | nominated for those offices to be
filled at the consolidated | 19 | | election in that year, except where pursuant to
law nomination | 20 | | of candidates of political parties is made by caucus, and
| 21 | | except those offices listed in paragraphs (12) through (17) of | 22 | | subsection
(c).
| 23 | | At the consolidated primary election in the appropriate | 24 | | odd-numbered years,
the mayor, clerk, treasurer, and | 25 | | alderpersons shall be elected in
municipalities in which
| 26 | | candidates for mayor, clerk, treasurer, or alderperson are not |
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| 1 | | permitted by
law to be candidates
of political parties, | 2 | | subject to runoff elections to be held at the
consolidated | 3 | | election as may be required
by law, and municipal officers | 4 | | shall be nominated in a nonpartisan election
in municipalities | 5 | | in which pursuant to law candidates for such office are
not | 6 | | permitted to be candidates of political parties.
| 7 | | At the consolidated primary election in the appropriate | 8 | | odd-numbered years,
municipal officers shall be nominated or | 9 | | elected, or elected subject to
a runoff, as may be provided by | 10 | | an ordinance providing a form of government
of the | 11 | | municipality pursuant to Section 7 of Article VII of the | 12 | | Constitution.
| 13 | | (e) (Blank).
| 14 | | (f) At any election established in Section 2A-1.1, public | 15 | | questions may
be submitted to voters pursuant to this Code and | 16 | | any special election
otherwise required or authorized by law | 17 | | or by court order may be conducted
pursuant to this Code.
| 18 | | Notwithstanding the regular dates for election of officers | 19 | | established
in this Article, whenever a referendum is held for | 20 | | the establishment of
a political subdivision whose officers | 21 | | are to be elected, the initial officers
shall be elected at the | 22 | | election at which such referendum is held if otherwise
so | 23 | | provided by law. In such cases, the election of the initial | 24 | | officers
shall be subject to the referendum.
| 25 | | Notwithstanding the regular dates for election of | 26 | | officials established
in this Article, any community college |
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| 1 | | district which becomes effective by
operation of law pursuant | 2 | | to Section 6-6.1 of the Public Community College
Act, as now or | 3 | | hereafter amended, shall elect the initial district board
| 4 | | members at the next regularly scheduled election following the | 5 | | effective
date of the new district.
| 6 | | (g) At any election established in Section 2A-1.1, if in | 7 | | any precinct
there are no offices or public questions required | 8 | | to be on the ballot under
this Code then no election shall be | 9 | | held in the precinct on that date.
| 10 | | (h) There may be conducted a
referendum in accordance with | 11 | | the provisions of Division 6-4 of the
Counties Code.
| 12 | | (Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22; | 13 | | 102-558, eff. 8-20-21; 102-691, eff. 12-17-21.) | 14 | | (10 ILCS 5/2A-56 new) | 15 | | Sec. 2A-56. State Board of Education; time of election. | 16 | | Five members of the State Board of Education shall be elected | 17 | | at the general election in 2024 and at the general election | 18 | | every 4 years thereafter.
| 19 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 20 | | Sec. 10-6. Time and manner of filing. Except as otherwise | 21 | | provided in this Code, certificates
of
nomination and | 22 | | nomination papers for the nomination of candidates for
offices | 23 | | to be filled by electors of the entire State, or any district
| 24 | | not entirely within a county, or for congressional, state |
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| 1 | | legislative , or
judicial offices , or elected members of the | 2 | | State Board of Education , shall be presented to the principal | 3 | | office of the
State Board of Elections not more than 141 nor | 4 | | less than 134
days previous
to the day of election for which | 5 | | the candidates are nominated. The
State Board of Elections | 6 | | shall endorse the certificates of nomination or
nomination | 7 | | papers, as the case may be, and the date and hour of
| 8 | | presentment to it. Except as otherwise provided in this Code, | 9 | | all
other certificates for the nomination of candidates shall | 10 | | be filed with
the county clerk of the respective counties not | 11 | | more than 141 but at
least 134 days previous to the day of such | 12 | | election. Certificates of nomination and nomination papers for | 13 | | the nomination of candidates for school district offices to be | 14 | | filled at consolidated elections shall be filed with the | 15 | | county clerk or county board of election commissioners of the | 16 | | county in which the principal office of the school district is | 17 | | located not more than 113 nor less than 106 days before the | 18 | | consolidated election. Except as otherwise provided in this | 19 | | Code, certificates
of
nomination and nomination papers for the | 20 | | nomination of candidates for
the other offices of political | 21 | | subdivisions to be filled at regular elections
other than the | 22 | | general election shall be filed with the local election
| 23 | | official of such subdivision:
| 24 | | (1) (Blank);
| 25 | | (2) not more than 113 nor less than 106 days prior to | 26 | | the
consolidated
election; or
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| 1 | | (3) not more than 113 nor less than 106 days prior to | 2 | | the general
primary in the case of municipal offices to be | 3 | | filled at the general
primary election; or
| 4 | | (4) not more than 99 nor less than 92 days before the
| 5 | | consolidated
primary in the case of municipal offices to | 6 | | be elected on a nonpartisan
basis pursuant to law | 7 | | (including without limitation, those municipal
offices | 8 | | subject to Articles 4 and 5 of the Municipal Code); or
| 9 | | (5) not more than 113 nor less than 106 days before the | 10 | | municipal
primary in even numbered years for such | 11 | | nonpartisan municipal offices
where annual elections are | 12 | | provided; or
| 13 | | (6) in the case of petitions for the office of | 14 | | multi-township assessor,
such petitions shall be filed | 15 | | with the election authority not more than
113 nor less | 16 | | than 106 days before the consolidated election.
| 17 | | However, where a political subdivision's boundaries are | 18 | | co-extensive
with or are entirely within the jurisdiction of a | 19 | | municipal board of
election commissioners, the certificates of | 20 | | nomination and nomination
papers for candidates for such | 21 | | political subdivision offices shall be filed
in the office of | 22 | | such Board.
| 23 | | (Source: P.A. 102-15, eff. 6-17-21.)
| 24 | | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| 25 | | Sec. 10-9. The following electoral boards are designated |
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| 1 | | for the
purpose of hearing and passing upon the objector's | 2 | | petition described in
Section 10-8.
| 3 | | 1. The State Board of Elections will hear and pass | 4 | | upon objections
to the nominations of candidates for State | 5 | | offices, nominations of candidates for the elected members | 6 | | of the State Board of Education,
nominations of candidates | 7 | | for congressional or legislative offices that are in more | 8 | | than one county or are wholly located within a single | 9 | | county with a population of less than 3,000,000 and | 10 | | judicial
offices of districts, subcircuits, or circuits | 11 | | situated in more than one county, nominations
of | 12 | | candidates for the offices of State's attorney or regional | 13 | | superintendent
of schools to be elected from more than one | 14 | | county, and petitions for
proposed amendments to the | 15 | | Constitution of the State of Illinois as
provided for in | 16 | | Section 3 of Article XIV of the Constitution.
| 17 | | 2. The county officers electoral board of a county | 18 | | with a population of less than 3,000,000 to hear and pass | 19 | | upon
objections to the nominations of candidates for | 20 | | county offices and judicial offices of a district, | 21 | | subcircuit, or
circuit coterminous with or less than a | 22 | | county, for any school district offices, for the office of | 23 | | multi-township assessor where candidates for
such office | 24 | | are nominated in accordance with this Code, and for all | 25 | | special
district offices, shall be composed of the county | 26 | | clerk, or an assistant
designated by the county clerk, the |
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| 1 | | State's attorney of the county or
an Assistant State's | 2 | | Attorney designated by the State's Attorney, and the
clerk | 3 | | of the circuit court, or an assistant designated by the | 4 | | clerk of
the circuit court, of the county, of whom the | 5 | | county clerk or his designee
shall be the chair, except | 6 | | that in any county which has established a
county board of | 7 | | election commissioners that board
shall constitute the | 8 | | county officers electoral board ex-officio. If a school | 9 | | district is located in 2 or more counties, the county | 10 | | officers electoral board of the county in which the | 11 | | principal office of the school district is located shall | 12 | | hear and pass upon objections to nominations of candidates | 13 | | for school district office in that school district.
| 14 | | 2.5. The county officers electoral board of a county | 15 | | with a population of 3,000,000 or more to hear and
pass | 16 | | upon objections to the nominations of candidates for | 17 | | county offices, candidates for congressional and | 18 | | legislative offices if the district is wholly within a | 19 | | county with a population of 3,000,000 or more, unless the | 20 | | district is wholly or partially within the jurisdiction of | 21 | | a municipal board of election commissioners, and judicial | 22 | | offices of a district, subcircuit, or circuit coterminous | 23 | | with or less than a county, for any school district | 24 | | offices, for the office of multi-township assessor where | 25 | | candidates for such office are nominated in accordance | 26 | | with this Code, and for all special district offices, |
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| 1 | | shall be composed of the county clerk, or an assistant | 2 | | designated by the county clerk, the State's Attorney of | 3 | | the county or an Assistant State's Attorney designated by | 4 | | the State's Attorney, and the clerk of the circuit court, | 5 | | or an assistant designated by the clerk of the circuit | 6 | | court, of the county, of whom the county clerk or his | 7 | | designee shall be the chair, except that, in any county | 8 | | which has established a county board of election | 9 | | commissioners, that board shall constitute the county | 10 | | officers electoral board ex-officio. If a school district | 11 | | is located in 2 or more counties, the county officers | 12 | | electoral board of the county in which the principal | 13 | | office of the school district is located shall hear and | 14 | | pass upon objections to nominations of candidates for | 15 | | school district office in that school district. | 16 | | 3. The municipal officers electoral board to hear and | 17 | | pass upon
objections to the nominations of candidates for | 18 | | officers of
municipalities shall be composed of the mayor | 19 | | or president of the board
of trustees of the city, village | 20 | | or incorporated town, and the city,
village or | 21 | | incorporated town clerk, and one member of the city | 22 | | council
or board of trustees, that member being designated | 23 | | who is eligible to
serve on the electoral board and has | 24 | | served the
greatest number of years as a member of the city | 25 | | council or board of
trustees, of whom the mayor or | 26 | | president of the board of trustees shall
be the chair.
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| 1 | | 4. The township officers electoral board to pass upon | 2 | | objections to
the nominations of township officers shall | 3 | | be composed of the township
supervisor, the town clerk, | 4 | | and that eligible town trustee elected in the
township who | 5 | | has had the longest term of continuous service as town
| 6 | | trustee, of whom the township supervisor shall be the | 7 | | chair.
| 8 | | 5. The education officers electoral board to hear and | 9 | | pass upon
objections to the nominations of candidates for | 10 | | offices in
community college districts shall be composed | 11 | | of the presiding officer of
the community college district | 12 | | board, who shall be the chair,
the secretary of the | 13 | | community college district board and the
eligible elected | 14 | | community college board member who has the
longest term of | 15 | | continuous service as a board member.
| 16 | | 6. In all cases, however, where the Congressional, | 17 | | Legislative, or Representative
district is wholly or | 18 | | partially within the jurisdiction of a single municipal | 19 | | board of election
commissioners in Cook County and in all | 20 | | cases where the school district or special
district is | 21 | | wholly within the jurisdiction of a municipal board of
| 22 | | election commissioners and in all cases where the | 23 | | municipality or
township is wholly or partially within the | 24 | | jurisdiction of a municipal
board of election | 25 | | commissioners, the board of election commissioners
shall | 26 | | ex-officio constitute the electoral board.
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| 1 | | For special districts situated in more than one county, | 2 | | the county officers
electoral board of the county in which the | 3 | | principal office of the district
is located has jurisdiction | 4 | | to hear and pass upon objections. For purposes
of this | 5 | | Section, "special districts" means all political subdivisions | 6 | | other
than counties, municipalities, townships and school and | 7 | | community college
districts.
| 8 | | In the event that any member of the appropriate board is a | 9 | | candidate
for the office with relation to which the objector's | 10 | | petition is filed,
he shall not be eligible to serve on that | 11 | | board and shall not act as
a member of the board and his place | 12 | | shall be filled as follows:
| 13 | | a. In the county officers electoral board by the | 14 | | county
treasurer, and if he or she is ineligible to serve, | 15 | | by the sheriff of the
county.
| 16 | | b. In the municipal officers electoral board by the | 17 | | eligible
elected city council or board of trustees member | 18 | | who has served the second
greatest number of years as a | 19 | | city council or board of trustees member.
| 20 | | c. In the township officers electoral board by the | 21 | | eligible
elected town trustee who has had the second | 22 | | longest term of continuous service
as a town trustee.
| 23 | | d. In the education officers electoral board by the | 24 | | eligible
elected community college district board member | 25 | | who has had the
second longest term of continuous service | 26 | | as a board member.
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| 1 | | In the event that the chair of the electoral board is | 2 | | ineligible
to act because of the fact that he or she is a | 3 | | candidate for the office with
relation to which the objector's | 4 | | petition is filed, then the substitute
chosen under the | 5 | | provisions of this Section shall be the chair; In
this case, | 6 | | the officer or board with whom the objector's petition is
| 7 | | filed, shall transmit the certificate of nomination or | 8 | | nomination papers
as the case may be, and the objector's | 9 | | petition to the substitute chair
of the electoral board.
| 10 | | When 2 or more eligible individuals, by reason of their | 11 | | terms of service
on a city council or board of trustees, | 12 | | township board of
trustees, or community college district | 13 | | board, qualify to serve
on an electoral board, the one to serve | 14 | | shall be chosen by lot.
| 15 | | Any vacancies on an electoral board not otherwise filled | 16 | | pursuant to this
Section shall be filled by public members | 17 | | appointed by the Chief Judge of
the Circuit Court for the | 18 | | county wherein the electoral board hearing is
being held upon | 19 | | notification to the Chief Judge of such
vacancies. The Chief | 20 | | Judge shall be so notified by a member of the electoral
board | 21 | | or the officer or board with whom the objector's petition was | 22 | | filed.
In the event that none of the individuals designated by | 23 | | this Section to
serve on the electoral board are eligible, the | 24 | | chair of an electoral
board shall be designated by the Chief | 25 | | Judge.
| 26 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
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| 1 | | (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| 2 | | Sec. 22-1. Abstracts of votes. Within 21 days after the
| 3 | | close of the
election at which candidates for offices | 4 | | hereinafter named in this Section are
voted upon, the election | 5 | | authorities of the respective counties shall open the returns | 6 | | and make abstracts of
the votes on a separate sheet for each of | 7 | | the following:
| 8 | | A. For Governor and Lieutenant Governor;
| 9 | | B. For State officers;
| 10 | | C. For presidential electors;
| 11 | | D. For United States Senators and Representatives to | 12 | | Congress;
| 13 | | E. For judges of the Supreme Court;
| 14 | | F. For judges of the Appellate Court;
| 15 | | G. For judges of the circuit court;
| 16 | | H. For Senators and Representatives to the General | 17 | | Assembly;
| 18 | | I. For State's Attorneys elected from 2 or more | 19 | | counties;
| 20 | | J. For amendments to the Constitution, and for other | 21 | | propositions
submitted to the electors of the entire | 22 | | State;
| 23 | | K. For county officers and for propositions submitted | 24 | | to the
electors of the county only;
| 25 | | L. For Regional Superintendent of Schools;
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| 1 | | M. For trustees of Sanitary Districts; and
| 2 | | N. For Trustee of a Regional Board of School Trustees ; | 3 | | and .
| 4 | | O. For elected members of the State Board of | 5 | | Education. | 6 | | Each sheet shall report the returns by precinct or ward. | 7 | | Multiple originals of each of the sheets shall be prepared | 8 | | and one of
each shall be turned over to the chair of the county | 9 | | central
committee of each of the then existing established | 10 | | political parties, as
defined in Section 10-2, or his duly | 11 | | authorized representative
immediately after the completion of | 12 | | the entries on the sheets and before
the totals have been | 13 | | compiled.
| 14 | | The foregoing abstracts shall be preserved by the election | 15 | | authority in its office.
| 16 | | Whenever any county clerk is unable to canvass the vote,
| 17 | | the deputy county clerk or a designee of the county clerk shall | 18 | | serve in his or her place.
| 19 | | The powers and duties of the election authority canvassing | 20 | | the votes are limited to
those specified in this Section.
| 21 | | No person who is shown by the election authority's | 22 | | proclamation to have been elected at the consolidated election | 23 | | or general election as a write-in candidate shall take office | 24 | | unless that person has first filed with the certifying office | 25 | | or board a statement of candidacy pursuant to Section 7-10 or | 26 | | Section 10-5, a statement pursuant to Section 7-10.1, and a |
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| 1 | | receipt for filing a statement of economic interests in | 2 | | relation to the unit of government to which he or she has been | 3 | | elected. For officers elected at the consolidated election, | 4 | | the certifying officer shall notify the election authority of | 5 | | the receipt of those documents, and the county clerk shall | 6 | | issue the certification of election under the provisions of | 7 | | Section 22-18. | 8 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 9 | | (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
| 10 | | Sec. 22-7. Canvass of votes; declaration and proclamation | 11 | | of result. The State Board of Elections, shall proceed within | 12 | | 31 days
after the election,
and sooner if all the returns are | 13 | | received, to canvass the votes given
for United States | 14 | | Senators and Representatives to Congress, State
executive | 15 | | officers, elected members of the State Board of Education, | 16 | | judges of the Supreme Court, judges of the Appellate
Court, | 17 | | judges of the Circuit Court, Senators, Representatives to the
| 18 | | General Assembly, State's Attorneys and Regional | 19 | | Superintendents of Schools
elected from 2 or more counties, | 20 | | respectively, and the persons
having the highest number of | 21 | | votes for the respective offices shall be
declared duly | 22 | | elected, but if it appears that more than the number of
persons | 23 | | to be elected have the highest and an equal number of votes for
| 24 | | the same office, the electoral board shall decide by lot which | 25 | | of such
persons shall be elected; and to each person duly |
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| 1 | | elected, the Governor
shall give a certificate of election or | 2 | | commission, as the case may
require, and shall cause | 3 | | proclamation to be made of the result of the
canvass, and they | 4 | | shall at the same time and in the same manner, canvass
the vote | 5 | | cast upon amendments to the Constitution, and upon other
| 6 | | propositions submitted to the electors of the entire State; | 7 | | and the
Governor shall cause to be made such proclamation of | 8 | | the result of the
canvass as the statutes elsewhere provide. | 9 | | The State Board of Elections
shall transmit to the State | 10 | | Comptroller a list of the persons elected to
the various | 11 | | offices. The State Board of Elections shall also transmit to
| 12 | | the Supreme Court the names of persons elected to judgeships | 13 | | in
adversary elections and the names of judges who fail to win | 14 | | retention in
office.
| 15 | | No person who is shown by the canvassing board's | 16 | | proclamation to have been elected at the consolidated election | 17 | | or general election as a write-in candidate shall take office | 18 | | unless that person has first filed with the certifying office | 19 | | or board a statement of candidacy pursuant to Section 7-10 or | 20 | | Section 10-5, a statement pursuant to Section 7-10.1, and a | 21 | | receipt for filing a statement of economic interests in | 22 | | relation to the unit of government to which he or she has been | 23 | | elected. For officers elected at the consolidated election, | 24 | | the certifying officer shall notify the election authority of | 25 | | the receipt of those documents, and the county clerk shall | 26 | | issue the certification of election under the provisions of |
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| 1 | | Section 22-18.
| 2 | | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
| 3 | | Section 10. The School Code is amended by changing | 4 | | Sections 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:
| 5 | | (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
| 6 | | Sec. 1A-1. Members and terms.
| 7 | | (a) (Blank).
| 8 | | (b) The State Board of
Education shall consist of 5 | 9 | | members initially to be elected under this amendatory Act of | 10 | | the 102nd General Assembly have taken office and 8 appointed
| 11 | | members and a chairperson, who shall be appointed by the
| 12 | | Governor with the advice and consent
of the Senate from a | 13 | | pattern of regional representation as follows: 2
appointees | 14 | | shall be selected from among those counties of the State other
| 15 | | than Cook County and the 5 counties contiguous to Cook County, | 16 | | one of whom must represent the educator community; 2 | 17 | | appointees shall be selected from
Cook County, one of whom | 18 | | shall be a resident of the City of
Chicago and one of whom | 19 | | shall be a resident of that
part of Cook County
which lies | 20 | | outside the city limits of Chicago and of whom one must | 21 | | represent the educator community; 2
appointees shall be
| 22 | | selected from among the 5 counties of the State that are | 23 | | contiguous to Cook
County, one of whom must represent the | 24 | | educator community; and 3 members
shall be selected as |
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| 1 | | members-at-large (one of which shall be the chairperson). With | 2 | | respect to the educator community appointments, no more than | 3 | | one member may be employed as a district superintendent, | 4 | | principal, school business official, or teacher and no more | 5 | | than one may be employed by the same school district or school. | 6 | | The changes made to this Section by this amendatory Act of the | 7 | | 100th General Assembly apply to appointments made after the | 8 | | effective date of this amendatory Act of the 100th General | 9 | | Assembly. The Governor who takes office on the second Monday | 10 | | of January after his or her election shall be the person who | 11 | | nominates members to fill vacancies whose terms begin after | 12 | | that date and before the term of the next Governor begins. | 13 | | The term of each member of the State Board of Education | 14 | | whose term expires on January 12, 2005 shall instead terminate | 15 | | on the effective date of this amendatory Act of the 93rd | 16 | | General Assembly. Of these 3 seats, (i) the member initially | 17 | | appointed pursuant to this amendatory Act of the 93rd General | 18 | | Assembly whose seat was vacant on April 27, 2004 shall serve | 19 | | until the second Wednesday of January, 2009 and (ii) the other | 20 | | 2 members initially appointed pursuant to this amendatory Act | 21 | | of the 93rd General Assembly shall serve until the second | 22 | | Wednesday of January, 2007. | 23 | | The term of the member of the State Board of Education | 24 | | whose seat was vacant on April 27, 2004 and whose term expires | 25 | | on January 10, 2007 shall instead terminate on the effective | 26 | | date of this amendatory Act of the 93rd General Assembly. The |
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| 1 | | member initially appointed pursuant to this amendatory Act of | 2 | | the 93rd General Assembly to fill this seat shall be the | 3 | | chairperson and shall serve until the second Wednesday of | 4 | | January, 2007. | 5 | | The term of the member of the State Board of Education | 6 | | whose seat was vacant on May 28, 2004 but after April 27, 2004 | 7 | | and whose term expires on January 10, 2007 shall instead | 8 | | terminate on the effective date of this amendatory Act of the | 9 | | 93rd General Assembly. The member initially appointed pursuant | 10 | | to this amendatory Act of the 93rd General Assembly to fill | 11 | | this seat shall serve until the second Wednesday of January, | 12 | | 2007.
| 13 | | The term of the other member of the State Board of | 14 | | Education whose term expires on January 10, 2007 shall instead | 15 | | terminate on the effective date of this amendatory Act of the | 16 | | 93rd General Assembly. The member initially appointed pursuant | 17 | | to this amendatory Act of the 93rd General Assembly to fill | 18 | | this seat shall serve until the second Wednesday of January, | 19 | | 2007. | 20 | | The term of the member of the State Board of Education | 21 | | whose term expires on January 14, 2009 and who was selected | 22 | | from among the 5 counties of the State that are contiguous to | 23 | | Cook County and is a resident of Lake County shall instead | 24 | | terminate on the effective date of this amendatory Act of the | 25 | | 93rd General Assembly. The member initially appointed pursuant | 26 | | to this amendatory Act of the 93rd General Assembly to fill |
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| 1 | | this seat shall serve until the second Wednesday of January, | 2 | | 2009. | 3 | | Upon expiration of the terms of the members initially | 4 | | appointed
under this amendatory Act of the 93rd General | 5 | | Assembly and members whose terms were not terminated by this | 6 | | amendatory Act of the 93rd General Assembly, their respective | 7 | | successors shall be
appointed for terms of 4
years, from the | 8 | | second Wednesday in January of each
odd
numbered year and | 9 | | until their respective successors are appointed and
qualified. | 10 | | (c) Of the 4 members, excluding the chairperson, whose | 11 | | terms expire on the second Wednesday of January, 2007 and | 12 | | every 4 years thereafter, one of those members must be an | 13 | | at-large member and at no time may more than 2 of those members | 14 | | be from one political party. Of the 4 members whose terms | 15 | | expire on the second Wednesday of January, 2009 and every 4 | 16 | | years thereafter, one of those members must be an at-large | 17 | | member and at no time may more than 2 of those members be from | 18 | | one political party. Party membership is defined as having | 19 | | voted in the primary of the party in the last primary before | 20 | | appointment.
| 21 | | (c-5) Five members of the Board shall be elected on a | 22 | | nonpartisan basis at the general election in 2024 and every 4 | 23 | | years thereafter. One member shall be elected from each of the | 24 | | judicial districts. A petition for nomination of a candidate | 25 | | for member of the Board shall be signed by at least 0.5% of the | 26 | | total number of registered voters in the judicial district in |
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| 1 | | which the person is a candidate for nomination. Each of these | 2 | | members shall serve for a term of 4 years, from the second | 3 | | Wednesday of January until after the member's election and | 4 | | until the member's successor takes office. | 5 | | (d) Vacancies in appointed terms shall be filled by | 6 | | appointment by the
Governor with the advice and consent of the | 7 | | Senate for the extent of the
unexpired term.
If a vacancy in | 8 | | membership occurs at a time when the Senate is not in
session, | 9 | | the Governor shall make a temporary appointment until the next | 10 | | meeting
of the Senate, when the Governor shall appoint a | 11 | | person to fill that membership
for the remainder of its term. | 12 | | If the Senate is not in session when
appointments for a full | 13 | | term are made, the appointments shall be made as in the
case of | 14 | | vacancies.
| 15 | | (d-5) Beginning on the date when all of the new members | 16 | | initially to be elected under this amendatory Act of the 102nd | 17 | | General Assembly have taken office, vacancies in elected terms | 18 | | shall be filled by appointment and confirmed by the remaining | 19 | | members of the State Board of Education. A person selected to | 20 | | fill a vacancy left by an elected member must meet all | 21 | | eligibility requirements for the position. | 22 | | (Source: P.A. 100-1135, eff. 11-28-18.)
| 23 | | (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
| 24 | | Sec. 1A-2. Qualifications. In order to be a member The | 25 | | members of the State Board of Education , a person must be a |
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| 1 | | citizen
shall be citizens of the United States and a resident | 2 | | residents of the State of Illinois . To be an elected member, a | 3 | | person must also be a resident of the judicial district from | 4 | | which the person was elected. Appointed members
and shall be | 5 | | selected as far as may be practicable on the basis of their
| 6 | | knowledge of, or interest and experience in, problems of | 7 | | public education. No elected member of the State Board of | 8 | | Education may be employed by a public or private school; a | 9 | | college, including community or junior college; a university; | 10 | | the State Board of Education; a regional office of education; | 11 | | or any other educational institution. No elected member of the | 12 | | State Board of Education shall be a member of a board of | 13 | | directors of a public school district or private school.
No | 14 | | member of the State Board of Education shall benefit from | 15 | | funds provided by the State Board of Education to an
| 16 | | institution of higher
learning, public or private, within | 17 | | Illinois, nor shall members be school trustees of a public or | 18 | | nonpublic
college, university or technical institution within | 19 | | Illinois. No member
shall be appointed to more than 2 4-year
| 20 | | terms. No member shall be elected to more than 2 consecutive | 21 | | 4-year terms. Members shall be reimbursed
for all ordinary and | 22 | | necessary expenses incurred in performing their duties
as | 23 | | members of the Board. Expenses shall be approved by the Board | 24 | | and be
consistent with the laws, policies, and requirements of | 25 | | the
State of Illinois regarding such expenditures, plus any | 26 | | member may include
in the member's his or her claim for |
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| 1 | | expenses $50 per day for meeting days.
| 2 | | (Source: P.A. 100-1135, eff. 11-28-18.)
| 3 | | (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
| 4 | | Sec. 1A-2.1. Vacancies. The Governor may remove for | 5 | | incompetence, neglect of duty, or malfeasance in office any | 6 | | member of the State Board of Education. A vacancy also exists | 7 | | on the State Board of
Education when one or more of the | 8 | | following events occur:
| 9 | | 1. A member dies.
| 10 | | 2. A member files a written resignation with the | 11 | | Governor.
| 12 | | 3. A member is adjudicated to be a person under legal | 13 | | disability under
the Probate Act of 1975 or
a person | 14 | | subject to involuntary admission
under the Mental Health | 15 | | and Developmental Disabilities Code.
| 16 | | 4. For appointed members, a A member ceases to be a | 17 | | resident of the region from
which the member he or she was | 18 | | appointed.
| 19 | | 5. A member is convicted of an infamous crime or of any | 20 | | offense
involving a violation of his or her duties under | 21 | | this Code.
| 22 | | 6. A member fails to maintain the qualifications | 23 | | stated in Sections 1A-1 and
1A-2 of this Code.
| 24 | | (Source: P.A. 100-1135, eff. 11-28-18.)
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| 1 | | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
| 2 | | Sec. 1A-4. Powers and duties of the Board.
| 3 | | A. (Blank).
| 4 | | B. The Board shall determine the qualifications of and | 5 | | appoint a
chief education officer, to be known as the State | 6 | | Superintendent of
Education, who may be proposed by the | 7 | | Governor and who shall serve at the pleasure of the Board and | 8 | | pursuant to a
performance-based contract linked to statewide | 9 | | student performance and academic
improvement within Illinois | 10 | | schools. Upon expiration or buyout of the contract of the | 11 | | State Superintendent of Education in office on the effective | 12 | | date of this amendatory Act of the 93rd General Assembly, a | 13 | | State Superintendent of Education shall be appointed by a | 14 | | State Board of Education that includes the 7 new Board members | 15 | | who were appointed to fill seats of members whose terms were | 16 | | terminated on the effective date of this amendatory Act of the | 17 | | 93rd General Assembly. Thereafter, a State Superintendent of | 18 | | Education must, at a minimum, be appointed at the beginning of | 19 | | each term of a Governor after that Governor has made | 20 | | appointments to the Board. A performance-based
contract issued | 21 | | for the employment of a State Superintendent of
Education | 22 | | entered into on or after the effective date of this amendatory | 23 | | Act of the 93rd General Assembly must expire no later than | 24 | | February 1, 2007, and subsequent contracts must expire no | 25 | | later than February 1 each 4 years thereafter. No contract
| 26 | | shall be
extended or renewed beyond February 1, 2007 and |
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| 1 | | February 1 each 4 years thereafter, but a State Superintendent | 2 | | of Education shall serve until his or her successor is | 3 | | appointed. Each contract entered into on or before January 8, | 4 | | 2007 with a State Superintendent of Education must provide | 5 | | that the State Board of Education may terminate the contract | 6 | | for cause, and the State Board of Education shall not | 7 | | thereafter be liable for further payments under the contract. | 8 | | With regard to this amendatory Act of the 93rd General | 9 | | Assembly, it is the intent of the General Assembly that, | 10 | | beginning with the Governor who takes office on the second | 11 | | Monday of January, 2007, a State Superintendent of Education | 12 | | be appointed at the beginning of each term of a Governor after | 13 | | that Governor has made appointments to the Board. The State
| 14 | | Superintendent of Education shall not serve as a member of the | 15 | | State
Board of Education. The Board shall set the compensation | 16 | | of the State
Superintendent of Education who shall serve as | 17 | | the Board's chief
executive officer. The Board shall also | 18 | | establish the duties, powers and
responsibilities of the State | 19 | | Superintendent, which shall be included in the
State | 20 | | Superintendent's performance-based contract along with the | 21 | | goals and
indicators of student performance and academic | 22 | | improvement used to measure the
performance and effectiveness | 23 | | of the State Superintendent.
The State Board of Education may | 24 | | delegate
to the State Superintendent of Education the | 25 | | authority to act on the Board's
behalf, provided such | 26 | | delegation is made pursuant to adopted board policy
or the |
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| 1 | | powers delegated are ministerial in nature. The State Board | 2 | | may
not delegate authority under this Section to the State | 3 | | Superintendent to
(1) nonrecognize school districts, (2) | 4 | | withhold State payments as a penalty,
or (3) make final | 5 | | decisions under the contested case provisions of the Illinois
| 6 | | Administrative Procedure Act unless otherwise provided by law.
| 7 | | C. The powers and duties of the State Board of Education | 8 | | shall encompass all
duties delegated to the Office of | 9 | | Superintendent of Public Instruction on
January 12, 1975, | 10 | | except as the law providing for such powers and duties is
| 11 | | thereafter amended, and such other powers and duties as the | 12 | | General Assembly
shall designate. The Board shall be | 13 | | responsible for the educational policies
and guidelines for | 14 | | public schools, pre-school through grade
12 and Vocational | 15 | | Education in the State of Illinois. The Board shall
analyze | 16 | | the present and future aims, needs, and requirements of
| 17 | | education in the State of Illinois and recommend to the | 18 | | General Assembly
the powers which should be exercised by the | 19 | | Board. The Board shall
recommend the passage and the | 20 | | legislation necessary to determine the
appropriate | 21 | | relationship between the Board and local boards of education
| 22 | | and the various State agencies and shall recommend desirable
| 23 | | modifications in the laws which affect schools.
| 24 | | D. Two members of the Board shall be appointed by the | 25 | | chairperson
to serve on a standing joint Education Committee, | 26 | | 2 others shall be
appointed from the Board of Higher |
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| 1 | | Education, 2
others shall be appointed by the chairperson of | 2 | | the
Illinois Community College Board, and 2 others shall be | 3 | | appointed by the
chairperson of the Human Resource Investment | 4 | | Council. The
Committee shall be
responsible for making | 5 | | recommendations concerning the submission of any
workforce | 6 | | development plan or workforce training program required by | 7 | | federal
law or under any block grant authority. The Committee | 8 | | will be
responsible for developing policy on matters of mutual | 9 | | concern to
elementary, secondary and higher education such as | 10 | | Occupational and
Career Education, Teacher Preparation and | 11 | | Certification, Educational
Finance, Articulation between | 12 | | Elementary, Secondary and Higher Education
and Research and | 13 | | Planning. The joint Education Committee shall meet at
least | 14 | | quarterly and submit an annual report of its findings,
| 15 | | conclusions, and recommendations to the State Board of | 16 | | Education, the Board of
Higher Education, the Illinois | 17 | | Community College Board,
the Human Resource Investment | 18 | | Council, the Governor, and the
General
Assembly. All meetings | 19 | | of this Committee shall be official meetings for
reimbursement | 20 | | under this Act. On the effective date of this amendatory Act of | 21 | | the 95th General Assembly, the Joint Education Committee is | 22 | | abolished.
| 23 | | E. Until the 5 members initially to be elected under this | 24 | | amendatory Act of the 102nd General Assembly have taken | 25 | | office, five Five members of the Board shall constitute a | 26 | | quorum. Beginning on the date when the 5 members initially to |
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| 1 | | be elected under this amendatory Act of the 102nd General | 2 | | Assembly have taken office, a majority of the Board shall | 3 | | constitute a quorum. Until the 5 members initially to be | 4 | | elected under this amendatory Act of the 102nd General | 5 | | Assembly have taken office a A
majority
vote of the members | 6 | | appointed, confirmed and serving on the Board is
required to | 7 | | approve any action, except that the 7 new Board members who | 8 | | were appointed to fill seats of members whose terms were | 9 | | terminated on the effective date of this amendatory act of the | 10 | | 93rd General Assembly may vote to approve actions when | 11 | | appointed and serving. Beginning on the date when the 5 | 12 | | members initially to be elected under this amendatory Act of | 13 | | the 102nd General Assembly have taken office, a majority vote | 14 | | of the elected members and the members appointed, confirmed | 15 | | and serving on the Board is required to approve any action.
| 16 | | Using the most recently available data, the Board shall | 17 | | prepare and submit to the General Assembly and the
Governor on | 18 | | or before January 14, 1976 and annually thereafter a report
or | 19 | | reports of its findings and recommendations. Such annual | 20 | | report shall
contain a separate section which provides a | 21 | | critique and analysis of the
status of education in Illinois | 22 | | and which identifies its specific problems
and recommends | 23 | | express solutions therefor.
Such annual report also shall | 24 | | contain the following information for the
preceding year | 25 | | ending on June 30: each act or omission of a school district
of | 26 | | which the State Board of Education has knowledge as a |
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| 1 | | consequence of
scheduled, approved visits and which | 2 | | constituted a
failure by the district to comply with | 3 | | applicable State or federal laws or
regulations relating to | 4 | | public education, the name of such district, the date
or dates | 5 | | on which the State Board of Education notified the school | 6 | | district of
such act or omission, and what action, if any, the | 7 | | school district took with
respect thereto after being notified | 8 | | thereof by the State Board of Education.
The report shall also | 9 | | include the statewide high school dropout rate by
grade level, | 10 | | sex and race and the annual student dropout rate of and the
| 11 | | number of students who graduate from, transfer from or | 12 | | otherwise leave
bilingual programs. The Auditor General shall | 13 | | annually perform a
compliance audit of the State Board of | 14 | | Education's performance of the
reporting duty imposed by this | 15 | | amendatory Act of 1986. A regular system of
communication with | 16 | | other directly related State agencies shall be
implemented.
| 17 | | The requirement for reporting to the General Assembly | 18 | | shall be satisfied
by filing copies of the report with the | 19 | | Speaker, the Minority Leader and
the Clerk of the House of | 20 | | Representatives and the President, the Minority
Leader and the | 21 | | Secretary of the Senate and the Legislative Council, as | 22 | | required
by Section 3.1 of the General
Assembly Organization | 23 | | Act, and
filing such additional
copies with the State | 24 | | Government Report Distribution Center for the General
Assembly | 25 | | as is required under paragraph (t) of Section 7 of the State | 26 | | Library
Act.
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| 1 | | F. Upon appointment of the 7 new Board members who were | 2 | | appointed to fill seats of members whose terms were terminated | 3 | | on the effective date of this amendatory Act of the 93rd | 4 | | General Assembly, the Board shall review all of its current | 5 | | rules in an effort to streamline procedures, improve | 6 | | efficiency, and eliminate unnecessary forms and paperwork.
| 7 | | (Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
| 8 | | Section 95. No acceleration or delay. Where this Act makes | 9 | | changes in a statute that is represented in this Act by text | 10 | | that is not yet or no longer in effect (for example, a Section | 11 | | represented by multiple versions), the use of that text does | 12 | | not accelerate or delay the taking effect of (i) the changes | 13 | | made by this Act or (ii) provisions derived from any other | 14 | | Public Act.
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