Illinois Compiled Statutes
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40 ILCS 5/16-165
(40 ILCS 5/16-165)
(from Ch. 108 1/2, par. 16-165)
Board; elected members; vacancies.
(a) In each odd-numbered year, if there are 2 teachers whose terms of office will expire in that year, there shall be elected 2 teachers who
shall hold office for a term of 4 years beginning July 15 next following their
election or, if there are 3 teachers whose terms of office will expire in that year, there shall be elected 3 teachers who shall hold office for a term of 4 years beginning July 15 next following their election, in the manner provided under this Section. An elected teacher
member of the board who ceases to be a teacher as defined in Section 16-106 may
continue to serve on the board for the remainder of the term to which he or she
(b) One elected annuitant trustee shall first be elected in
1987, and in every fourth year thereafter, for a
term of 4 years beginning July 15 next following his or her election.
(c) The elected annuitant position created by this amendatory Act of
the 91st General Assembly shall be filled as soon as possible in the manner
provided for vacancies, for an initial term ending July 15, 2001. One
elected annuitant trustee shall be elected in 2001, and in every fourth year
thereafter, for a term of 4 years beginning July 15 next following his or her
The elected teacher position created by this amendatory Act of the 101st General Assembly shall be for an initial 3-year term and shall be filled in the manner provided for vacancies; except that if the teacher candidate who receives the highest number of votes and the incumbent members not up for election belong to the same statewide teacher organization, then the teacher candidate who receives the highest number of votes and is not a member of that statewide teacher organization shall be declared elected.
(d) Elections shall be held on May 1, unless May 1 falls on a Saturday
or Sunday, in which event the election shall be conducted on the
following Monday. Candidates shall be nominated by petitions in writing,
signed by not less than 500 teachers or annuitants, as the case may be, with
their addresses shown opposite their names. The petitions shall be filed with
the board's Secretary not less than 90 nor more than 120 days prior to May 1.
The Secretary shall determine their validity not less than 75 days before the
(d-5) Beginning July 15, 2020, not more than 4 of the 5 teachers elected to the Board of Trustees may be active members of the same statewide teacher organization. For the purposes of this Section, "statewide teacher organization" means a teacher organization (1) in which membership is not restricted to persons living or teaching within a limited geographical area of this State and (2) that has among its membership at least 10,000 persons who participate in this System.
Candidates for the teacher positions on the Board shall indicate, in their nomination petitions and campaign materials, which (if any) statewide teacher organizations they have belonged to during the 5 years preceding the election.
(e) If, for either teacher or annuitant members, the number of qualified
nominees exceeds the number of available positions,
the system shall prepare an appropriate ballot with the names of the candidates
in alphabetical order and shall mail one copy thereof, at least 10 days prior
to the election day, to each teacher or annuitant of this system as of the
latest date practicable, at the latest known address, together with a return
envelope addressed to the board and also a smaller envelope marked "For Ballot
Only", and a slip for signature. Each voter, upon marking his ballot with a
cross mark in the square before the name of the person voted for, shall place
the ballot in the envelope marked "For Ballot Only", seal the envelope, write
on the slip provided therefor his signature and address, enclose both the slip
and sealed envelope containing the marked ballot in the return envelope
addressed to the board, and mail it. Whether a person is eligible to vote for
the teacher nominees or the annuitant nominees shall be
determined from system payroll records as of March 1.
Upon receipt of the return envelopes, the system shall open them and set
aside unopened the envelopes marked "For Ballot Only". On election day ballots
shall be publicly opened and counted by the trustees or canvassers appointed
therefor. Each vote cast for a candidate represents one vote only. No ballot
arriving after 10 o'clock a.m. on election day shall be counted.
(e-3) The 2 teacher
candidates or 3 teacher candidates, whichever is applicable for that election, and the annuitant candidate receiving the highest number of votes
shall be declared elected; except that beginning with the election in 2021, if the teacher candidate who receives the highest number of votes and the incumbent members not up for election belong to the same statewide teacher organization, then the second teacher candidate to be declared elected shall be the candidate who is not a member of the same statewide teacher organization and receives the highest number of votes, unless there is no such candidate or at least one candidate declared elected in the same election is not a member of that statewide teacher organization. The board shall declare the results of the election, keep a
record thereof, and notify the candidates of the results thereof within 30 days
after the election.
(e-5) If, for either class of members, there are only as many
qualified nominees as there are positions available, the balloting as described
Section shall not be conducted for those nominees,
and the board shall declare them duly elected.
(f) A vacancy occurring in the elective membership of
shall be filled for the unexpired term by a person qualified
for the vacant position, selected by the remaining elected members of the
board, if there are no more than 6 months remaining on the
term. For a term with more than 6 months remaining, the Director of the
Teachers' Retirement System of the State of Illinois shall institute an
election in accordance with this Act to fill the unexpired term.
(Source: P.A. 101-610, eff. 1-1-20.)