Full Text of HB0777 95th General Assembly
HB0777 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0777
Introduced 2/7/2007, by Rep. Rich Brauer SYNOPSIS AS INTRODUCED: |
|
70 ILCS 605/4-5 |
from Ch. 42, par. 4-5 |
|
Amends the Illinois Drainage Code. Provides that, in the case of district commissioners who are elected, voting may be by absentee ballot. Provides for an early voting period. Provides that commissioners who are running for reelection and their immediate family members may not serve as election judges. Provides that property owned by a commissioner who is running for reelection may not serve as a polling place. Effective July 1, 2007.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB0777 |
|
LRB095 04594 HLH 28630 b |
|
| 1 |
| AN ACT concerning local government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Drainage Code is amended by | 5 |
| changing Section 4-5 as follows:
| 6 |
| (70 ILCS 605/4-5) (from Ch. 42, par. 4-5)
| 7 |
| Sec. 4-5. Election of Commissioners in Districts organized
| 8 |
| under Farm Drainage Act and certain other Districts.
| 9 |
| Commissioners for all districts which, at the time this Act
| 10 |
| becomes effective, are operating and existing under the
| 11 |
| provisions of the Farm Drainage Act, shall be elected by
the | 12 |
| adult owners of land in the district in the manner provided
by | 13 |
| this Section unless the landowners have elected to change
from | 14 |
| the election to the appointment of commissioners in the
manner | 15 |
| provided in Section 4-6.
| 16 |
| An election shall be held in all combined, union, special,
| 17 |
| user, mutual or other districts which were operating and
| 18 |
| existing under the Farm Drainage Act at the time this Act
| 19 |
| became effective and in districts which have changed from
the | 20 |
| appointment to the election of commissioners as provided
in | 21 |
| Section 4-8, on the first Tuesday in September 1956 and
| 22 |
| annually thereafter for the purpose of electing a successor
to | 23 |
| the commissioner whose term will next expire. Commissioners
so |
|
|
|
HB0777 |
- 2 - |
LRB095 04594 HLH 28630 b |
|
| 1 |
| elected shall serve for a term of 3 years from the date of
| 2 |
| their election and until their successors have been elected
and | 3 |
| have qualified.
| 4 |
| In any case where the commissioners have failed to give | 5 |
| notice
and to hold an election as provided in this Section, the | 6 |
| circuit
court of the county in which the district is organized | 7 |
| may, on
the petition of any owner of land in the district, | 8 |
| designate the
time and place for a special election. Any | 9 |
| commissioner elected
at such special election shall serve for | 10 |
| the remainder of the
term expiring 3 years from the date on | 11 |
| which the election should
have been held and until his | 12 |
| successor is elected and has qualified.
| 13 |
| The commissioners in office shall designate the place | 14 |
| within the district
at which the election will be held and they | 15 |
| shall file such designation in
writing with the clerk of the | 16 |
| circuit court at least four weeks prior to
the date of the | 17 |
| election. The clerk shall give at least
two weeks notice of the | 18 |
| time and place of the election by publication for
2 successive | 19 |
| weeks in the manner provided by Section 4-22.
Notice by mailing | 20 |
| shall not be required.
| 21 |
| Voting shall be by secret ballot. The clerk shall cause the
| 22 |
| ballots to be prepared. The ballots shall show on their face
| 23 |
| the name of the district,
the date of the election, the term | 24 |
| for which a commissioner is
to be elected, the names of the | 25 |
| declared candidates and a
blank line for write-in candidates. A | 26 |
| square shall appear
before each name and before the blank line. |
|
|
|
HB0777 |
- 3 - |
LRB095 04594 HLH 28630 b |
|
| 1 |
| The reverse side
of the ballot shall show the official nature | 2 |
| of the ballot by
the certificate of the clerk.
| 3 |
| The clerk may provide for voting by absentee ballot. The | 4 |
| clerk may also provide for an early voting period one week | 5 |
| prior to the scheduled election, but as close to the early | 6 |
| voting period for State elections as possible. The identity of | 7 |
| each early voter must be verified by the presentation of that | 8 |
| voter's driver's license or other government issued | 9 |
| identification card. All properly submitted absentee ballots | 10 |
| and early voting ballots must be included in the final vote | 11 |
| count.
| 12 |
| Every adult owner of land in the district shall be entitled
| 13 |
| to vote. Any qualified person may declare his candidacy for
the | 14 |
| office of commissioner and thereby become entitled to have
his | 15 |
| name placed on the ballot by filing a statement of his
| 16 |
| candidacy in writing with the clerk at least 3 weeks prior
to | 17 |
| the date of the election.
| 18 |
| The commissioners in office at the time of the election , | 19 |
| other than commissioners who are running for reelection, shall | 20 |
| be the
judges of the election. In the event that one or more of | 21 |
| the
commissioners is absent or refuses to serve as judge then | 22 |
| the electors
present at the opening of the polls may choose a | 23 |
| person or persons to
fill the vacancy or vacancies. | 24 |
| Commissioners who are not running for reelection shall select a | 25 |
| person to serve as an election judge in place of a commissioner | 26 |
| who is running for reelection. An immediate family member of a |
|
|
|
HB0777 |
- 4 - |
LRB095 04594 HLH 28630 b |
|
| 1 |
| commissioner who is currently running for reelection may not | 2 |
| serve as an election judge in that election. Property owned or | 3 |
| controlled by a commissioner who is running for reelection may | 4 |
| not serve as a polling place. The polls shall open at 2:00 P.M. | 5 |
| and
close at 4:00 P.M. unless the judges of election shall | 6 |
| determine to hold
the polls open a longer period to accommodate | 7 |
| the voters. In no event
shall the polls remain open later than | 8 |
| 6:00 P.M.
| 9 |
| Upon the closing of the polls the judges of election shall | 10 |
| promptly
canvass the ballots and the ballots together with the | 11 |
| poll books, tally
lists and the results shall be returned to | 12 |
| the clerk within 48 hours
after the election. The candidate | 13 |
| receiving the largest number of votes
shall be declared | 14 |
| elected. In case of a tie the judges shall determine
by lot who | 15 |
| is elected. The expense of the election shall be borne by the
| 16 |
| district.
| 17 |
| In the event that a vacancy occurs in the office of | 18 |
| commissioner
whether by death, ineligibility, removal from | 19 |
| office or failure to
qualify the commissioners in office shall | 20 |
| fill the vacancy by
appointment. The commissioner so appointed | 21 |
| shall serve until the next
annual election. If the unexpired | 22 |
| term caused by such vacancy be for
more than one year then, at | 23 |
| the next annual election, the adult
landowners shall elect a | 24 |
| commissioner to complete the then unexpired
portion of the term | 25 |
| in addition to electing a commissioner for a regular term.
| 26 |
| Commissioners elected under this Section shall, within 20 |
|
|
|
HB0777 |
- 5 - |
LRB095 04594 HLH 28630 b |
|
| 1 |
| days after
their election, qualify by subscribing to an oath of | 2 |
| office and giving
bond, in the manner provided in Section 4-4.
| 3 |
| (Source: P.A. 86-297.)
| 4 |
| Section 99. Effective date. This Act takes effect July 1, | 5 |
| 2007.
|
|