State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_HB0652enr

      10 ILCS 5/1-3             from Ch. 46, par. 1-3
      10 ILCS 5/2A-1.1          from Ch. 46, par. 2A-1.1
      10 ILCS 5/2A-1.2          from Ch. 46, par. 2A-1.2
      10 ILCS 5/2A-36           from Ch. 46, par. 2A-36
      10 ILCS 5/2A-43           from Ch. 46, par. 2A-43
      10 ILCS 5/2A-48           from Ch. 46, par. 2A-48
      10 ILCS 5/2A-49           from Ch. 46, par. 2A-49
      10 ILCS 5/2A-50           from Ch. 46, par. 2A-50
      10 ILCS 5/2A-51           from Ch. 46, par. 2A-51
      10 ILCS 5/2A-52           from Ch. 46, par. 2A-52
      10 ILCS 5/2A-54
      10 ILCS 5/4-11            from Ch. 46, par. 4-11
      10 ILCS 5/10-6            from Ch. 46, par. 10-6
      10 ILCS 5/11-7            from Ch. 46, par. 11-7
      10 ILCS 5/12-1            from Ch. 46, par. 12-1
      10 ILCS 5/16-4.1          from Ch. 46, par. 16-4.1
      10 ILCS 5/24-1.2          from Ch. 46, par. 24-1.2
      70 ILCS 705/4.02          from Ch. 127 1/2, par. 24.02
      110 ILCS 805/2-12.1       from Ch. 122, par. 102-12.1
      110 ILCS 805/3-7          from Ch. 122, par. 103-7
          Amends the Election Code, the  Public  Community  College
      Act  and  the  Fire  Protection  District  Act to abolish the
      nonpartisan election held on  the  first  Tuesday  after  the
      first  Monday  in  November of odd-numbered years.  Transfers
      elections of officers held at the nonpartisan election to the
      consolidated election held on the first Tuesday in  April  of
      odd-numbered  years.   Provides  for  the terms of incumbents
      elected before  the  nonpartisan  election  is  abolished  to
      expire  one  month  after  the  election of their successors.
      Effective immediately.
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 1        AN ACT in relation to elections.
 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 1-3, 2A-1.1, 2A-1.2,  2A-36,  2A-43,  2A-48,  2A-49,
 6    2A-50,  2A-51,  2A-52,  2A-54, 4-11, 10-6, 11-7, 12-1, 16-4.1
 7    and 24-1.2 as follows:
 8        (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
 9        Sec. 1-3.  As  used  in  this  Act,  unless  the  context
10    otherwise requires:
11        1.  "Election"  includes  the submission of all questions
12    of public policy, propositions, and all measures submitted to
13    popular  vote,  and  includes  primary  elections   when   so
14    indicated by the context.
15        2.  "Regular   election"   means   the  general,  general
16    primary, nonpartisan, consolidated and  consolidated  primary
17    elections   regularly  scheduled  in  Article  2A.  The  even
18    numbered year municipal primary established in Article 2A  is
19    a  regular election only with respect to those municipalities
20    in which a primary is required to be held on such date.
21        3.  "Special election" means an  election  not  regularly
22    recurring  at  fixed intervals, irrespective of whether it is
23    held at the same time and place  and  by  the  same  election
24    officers as a regular election.
25        4.  "General  election"  means  the  biennial election at
26    which members of the General Assembly are  elected.  "General
27    primary   election",  "nonpartisan  election",  "consolidated
28    election"  and  "consolidated  primary  election"  mean   the
29    respective  elections  or  the  election dates designated and
30    established in Article 2A of this Code.
31        5.  "Municipal election" means an  election  or  primary,
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 1    either   regular   or   special,  in  cities,  villages,  and
 2    incorporated towns; and "municipality" means any  such  city,
 3    village or incorporated town.
 4        6.  "Political  or  governmental  subdivision"  means any
 5    unit  of  local  government,  or  school  district  in  which
 6    elections are or may  be  held.  "Political  or  governmental
 7    subdivision"  also  includes, for election purposes, Regional
 8    Boards of School Trustees,  and  Township  Boards  of  School
 9    Trustees.
10        7.  The  word  "township" and the word "town" shall apply
11    interchangeably to  the  type  of  governmental  organization
12    established in accordance with the provisions of the Township
13    Code.  The term "incorporated town" shall mean a municipality
14    referred to as an incorporated town in the Illinois Municipal
15    Code, as now or hereafter amended.
16        8.  "Election authority" means a county clerk or a  Board
17    of Election Commissioners.
18        9.  "Election  Jurisdiction"  means (a) an entire county,
19    in the case of a county in which no city  board  of  election
20    commissioners  is  located or which is under the jurisdiction
21    of  a  county  board  of  election  commissioners;  (b)   the
22    territorial   jurisdiction   of  a  city  board  of  election
23    commissioners; and (c) the territory in a county  outside  of
24    the  jurisdiction  of a city board of election commissioners.
25    In each instance election jurisdiction  shall  be  determined
26    according to which election authority maintains the permanent
27    registration records of qualified electors.
28        10.  "Local   election   official"  means  the  clerk  or
29    secretary of a unit of local government or  school  district,
30    as  the  case  may  be,  the treasurer of a township board of
31    school trustees, and the regional superintendent  of  schools
32    with  respect  to  the  various  school officer elections and
33    school referenda for which  the  regional  superintendent  is
34    assigned  election  duties  by  The  School  Code,  as now or
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 1    hereafter amended.
 2        11.  "Judges of election", "primary judges"  and  similar
 3    terms,  as applied to cases where there are 2 sets of judges,
 4    when used in connection with duties at an election during the
 5    hours the polls are open, refer to  the  team  of  judges  of
 6    election  on  duty  during  such  hours;  and, when used with
 7    reference to duties after the closing of the polls, refer  to
 8    the  team  of tally judges designated to count the vote after
 9    the closing of the polls and the holdover  judges  designated
10    pursuant  to  Section  13-6.2 or 14-5.2. In such case, where,
11    after the closing of the polls, any act  is  required  to  be
12    performed  by  each  of  the  judges of election, it shall be
13    performed by each of the tally judges  and  by  each  of  the
14    holdover judges.
15        12.  "Petition" of candidacy as used in Sections 7-10 and
16    7-10.1 shall consist of a statement of candidacy, candidate's
17    statement  containing  oath, and sheets containing signatures
18    of qualified primary electors bound together.
19        13.  "Election district" and "precinct", when  used  with
20    reference  to  a  30-day  residence  requirement,  means  the
21    smallest  constituent  territory  in which electors vote as a
22    unit at the same polling place in any  election  governed  by
23    this Act.
24        14.  "District"  means any area which votes as a unit for
25    the election of any officer, other than the State or  a  unit
26    of  local government or school district, and includes, but is
27    not  limited  to,  legislative,  congressional  and  judicial
28    districts,  judicial  circuits,   county   board   districts,
29    municipal   and   sanitary   district   wards,  school  board
30    districts, and precincts.
31        15.  "Question of public  policy"  or  "public  question"
32    means  any  question, proposition or measure submitted to the
33    voters at an election dealing with subject matter other  than
34    the  nomination  or election of candidates and shall include,
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 1    but is not limited  to,  any  bond  or  tax  referendum,  and
 2    questions relating to the Constitution.
 3        16.  "Ordinance  providing  the  form  of government of a
 4    municipality  or  county  pursuant  to  Article  VII  of  the
 5    Constitution" includes ordinances, resolutions and  petitions
 6    adopted   by   referendum  which  provide  for  the  form  of
 7    government, the officers or the manner of selection or  terms
 8    of  office  of  officers  of  such  municipality  or  county,
 9    pursuant  to  the provisions of Sections 4, 6 or 7 of Article
10    VII of the Constitution.
11        17.  "List" as used in Sections 4-11, 4-22,  5-14,  5-29,
12    6-60, and 6-66 shall include a computer tape or computer disc
13    or  other  electronic  data processing information containing
14    voter information.
15        18.  "Accessible" means  accessible  to  handicapped  and
16    elderly   individuals   for   the   purpose   of   voting  or
17    registration, as determined by rule of  the  State  Board  of
18    Elections.
19        19.  "Elderly" means 65 years of age or older.
20        20.  "Handicapped"  means having a temporary or permanent
21    physical disability.
22        21.  "Leading political  party"  means  one  of  the  two
23    political  parties  whose candidates for governor at the most
24    recent three  gubernatorial  elections  received  either  the
25    highest  or  second  highest  average  number  of votes.  The
26    political party whose candidates for  governor  received  the
27    highest  average  number of votes shall be known as the first
28    leading  political  party  and  the  political  party   whose
29    candidates  for  governor received the second highest average
30    number  of  votes  shall  be  known  as  the  second  leading
31    political party.
32        22.  "Business day" means any day in which the office  of
33    an  election  authority, local election official or the State
34    Board of Elections is open to the public for a minimum  of  7
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 1    hours.
 2        23.  "Homeless  individual"  means  any  person who has a
 3    nontraditional residence, including but  not  limited  to,  a
 4    shelter,  day  shelter,  park  bench, street corner, or space
 5    under a bridge.
 6    (Source: P.A. 87-1241; 88-670, eff. 12-2-94.)
 7        (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
 8        Sec. 2A-1.1.  All Elections - Consolidated Schedule.  (a)
 9    In even-numbered years, the general election shall be held on
10    the  first Tuesday after the first Monday of November; and an
11    election to be known as the general primary election shall be
12    held on the third Tuesday in March;
13        (b)  In odd-numbered years, an election to  be  known  as
14    the  consolidated election shall be held on the first Tuesday
15    in April except as provided in Section 2A-1.1a of  this  Act;
16    and  an  election  to  be  known  as the consolidated primary
17    election shall be held on the last Tuesday in February.;
18        (c)  In odd-numbered years, an election to  be  known  as
19    the  nonpartisan  election shall be held on the first Tuesday
20    after the first Monday in November.
21    (Source: P.A. 82-1014.)
22        (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
23        Sec.  2A-1.2.  Consolidated  Schedule  of   Elections   -
24    Offices Designated.
25        (a)  At   the   general   election   in  the  appropriate
26    even-numbered years, the following offices shall be filled or
27    shall be on the ballot as otherwise required by this Code:
28             (1)  Elector of President and Vice President of  the
29        United States;
30             (2)  United   States   Senator   and  United  States
31        Representative;
32             (3)  State Executive Branch elected officers;
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 1             (4)  State Senator and State Representative;
 2             (5)  County  elected  officers,  including   State's
 3        Attorney,  County Board member, County Commissioners, and
 4        elected President of the County  Board  or  County  Chief
 5        Executive;
 6             (6)  Circuit Court Clerk;
 7             (7)  Regional  Superintendent  of Schools, except in
 8        counties or educational service  regions  in  which  that
 9        office has been abolished;
10             (8)  Judges  of  the  Supreme, Appellate and Circuit
11        Courts, on the question of retention, to  fill  vacancies
12        and newly created judicial offices;
13             (9)  (Blank);
14             (10)  Trustee  of the Metropolitan Sanitary District
15        of  Chicago,  and  elected  Trustee  of  other   Sanitary
16        Districts;
17             (11)  Special   District   elected   officers,   not
18        otherwise  designated  in this Section, where the statute
19        creating or authorizing  the  creation  of  the  district
20        requires  an  annual  election  and  permits  or requires
21        election of candidates of political parties.
22        (b)  At the general primary election:
23             (1)  in  each  even-numbered  year   candidates   of
24        political parties shall be nominated for those offices to
25        be  filled  at  the general election in that year, except
26        where  pursuant  to  law  nomination  of  candidates   of
27        political parties is made by caucus.
28             (2)  in  the  appropriate  even-numbered  years  the
29        political  party  offices  of State central committeeman,
30        township committeeman, ward  committeeman,  and  precinct
31        committeeman  shall be filled and delegates and alternate
32        delegates to the National nominating conventions shall be
33        elected as may be required pursuant to this Code.  In the
34        even-numbered years in which a Presidential  election  is
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 1        to  be  held,  candidates  in the Presidential preference
 2        primary shall also be on the ballot.
 3             (3)  in   each   even-numbered   year,   where   the
 4        municipality has provided for annual elections  to  elect
 5        municipal  officers pursuant to Section 6(f) or Section 7
 6        of Article VII  of  the  Constitution,  pursuant  to  the
 7        Illinois  Municipal  Code  or  pursuant  to the municipal
 8        charter, the offices of such municipal officers shall  be
 9        filled  at  an  election  held on the date of the general
10        primary election, provided that  the  municipal  election
11        shall  be  a  nonpartisan  election where required by the
12        Illinois  Municipal   Code.    For   partisan   municipal
13        elections  in  even-numbered years, a primary to nominate
14        candidates for municipal office  to  be  elected  at  the
15        general  primary  election shall be held on the Tuesday 6
16        weeks preceding that election.
17             (4)  in each school district which has  adopted  the
18        provisions  of  Article 33 of the School Code, successors
19        to the members of the  board  of  education  whose  terms
20        expire  in  the year in which the general primary is held
21        shall be elected.
22        (c)  At the  consolidated  election  in  the  appropriate
23    odd-numbered years, the following offices shall be filled:
24             (1)  Municipal    officers,    provided    that   in
25        municipalities in which candidates for alderman or  other
26        municipal   office   are  not  permitted  by  law  to  be
27        candidates of  political  parties,  the  runoff  election
28        where  required by law, or the nonpartisan election where
29        required by law,  shall  be  held  on  the  date  of  the
30        consolidated  election; and provided further, in the case
31        of  municipal  officers  provided  for  by  an  ordinance
32        providing the form  of  government  of  the  municipality
33        pursuant to Section 7 of Article VII of the Constitution,
34        such  offices  shall  be  filled by election or by runoff
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 1        election as may be provided by such ordinance;
 2             (2)  Village   and   incorporated    town    library
 3        directors;
 4             (3)  City boards of stadium commissioners;
 5             (4)  Commissioners of park districts;
 6             (5)  Trustees of public library districts;
 7             (6)  Special    District   elected   officers,   not
 8        otherwise designated in this section, where  the  statute
 9        creating  or  authorizing  the  creation  of the district
10        permits or requires election of candidates  of  political
11        parties;
12             (7)  Township   officers,  including  township  park
13        commissioners, township library directors, and boards  of
14        managers   of  community  buildings,  and  Multi-Township
15        Assessors;
16             (8)  Highway commissioners and road district clerks;
17             (9)  Members of school boards  in  school  districts
18        which adopt Article 33 of the School Code;
19             (10)  The  directors  and  chairman  of  the Chain O
20        Lakes - Fox River Waterway Management Agency;
21             (11)  Forest preserve district commissioners elected
22        under  Section  3.5  of  the  Downstate  Forest  Preserve
23        District Act;.
24             (12)  Elected  members  of  school  boards,   school
25        trustees,   directors  of  boards  of  school  directors,
26        trustees of county boards of school trustees  (except  in
27        counties   or   educational   service  regions  having  a
28        population of 2,000,000 or more inhabitants) and  members
29        of  boards  of school inspectors, except school boards in
30        school districts that adopt  Article  33  of  the  School
31        Code;
32             (13)  Members of Community College district boards;
33             (14)  Trustees of Fire Protection Districts;
34             (15)  Commissioners  of the Springfield Metropolitan
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 1        Exposition and Auditorium Authority;
 2             (16)  Elected Trustees  of  Tuberculosis  Sanitarium
 3        Districts;
 4             (17)  Elected  Officers  of  special  districts  not
 5        otherwise  designated  in  this Section for which the law
 6        governing those districts does not permit  candidates  of
 7        political parties.
 8        (d)  At   the   consolidated  primary  election  in  each
 9    odd-numbered year, candidates of political parties  shall  be
10    nominated  for those offices to be filled at the consolidated
11    election  in  that  year,  except  where  pursuant   to   law
12    nomination  of  candidates  of  political  parties is made by
13    caucus, and except those offices listed  in  paragraphs  (12)
14    through (17) of subsection (c).
15        At  the  consolidated primary election in the appropriate
16    odd-numbered years, the mayor, clerk, treasurer, and aldermen
17    shall be elected in municipalities in  which  candidates  for
18    mayor, clerk, treasurer, or alderman are not permitted by law
19    to  be  candidates  of  political  parties, subject to runoff
20    elections to be held at the consolidated election as  may  be
21    required by law, and municipal officers shall be nominated in
22    a nonpartisan election in municipalities in which pursuant to
23    law  candidates  for  such  office  are  not  permitted to be
24    candidates of political parties.
25        At the consolidated primary election in  the  appropriate
26    odd-numbered  years, municipal officers shall be nominated or
27    elected, or elected subject to a runoff, as may  be  provided
28    by  an  ordinance  providing  a  form  of  government  of the
29    municipality pursuant to Section 7  of  Article  VII  of  the
30    Constitution.
31        (e)  (Blank).    At  the  nonpartisan  election  in  each
32    odd-numbered year the following offices shall  be  filled  in
33    nonpartisan elections:
34             (1)  Elected   members   of  school  boards,  school
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 1        trustees,  directors  of  boards  of  school   directors,
 2        trustees  of  county boards of school trustees (except in
 3        counties  or  educational  service   regions   having   a
 4        population of 2,000,000 or more inhabitants), and members
 5        of  boards  of school inspectors, except school boards in
 6        school districts which adopt Article  33  of  the  School
 7        Code;
 8             (2)  Member of Community College district boards;
 9             (3)  Trustee of Fire Protection Districts;
10             (4)  Commissioner    of   Springfield   Metropolitan
11        Exposition and Auditorium Authority;
12             (5)  Elected  Trustees  of  Tuberculosis  Sanitarium
13        Districts;
14             (6)  Elected  Officers  of  special  districts   not
15        otherwise  designated  in  this Section for which the law
16        governing such districts does not  permit  candidates  of
17        political parties.
18        (f)  At  any  election  established  in  Section  2A-1.1,
19    public  questions may be submitted to voters pursuant to this
20    Code  and  any  special  election   otherwise   required   or
21    authorized by law or by court order may be conducted pursuant
22    to this Code.
23        Notwithstanding   the   regular  dates  for  election  of
24    officers established in this Article, whenever  a  referendum
25    is  held  for  the  establishment  of a political subdivision
26    whose officers are to be elected, the initial officers  shall
27    be  elected  at the election at which such referendum is held
28    if otherwise so provided by law.  In such cases, the election
29    of the initial officers shall be subject to the referendum.
30        Notwithstanding  the  regular  dates  for   election   of
31    officials  established in this Article, any community college
32    district which becomes effective by operation of law pursuant
33    to Section 6-6.1 of the Public Community College Act, as  now
34    or  hereafter amended, shall elect the initial district board
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 1    members at the next regularly  scheduled  election  following
 2    the effective date of the new district.
 3        (g)  At any election established in Section 2A-1.1, if in
 4    any  precinct  there  are  no  offices  or  public  questions
 5    required to be on the ballot under this Code then no election
 6    shall be held in the precinct on that date.
 7        (h)  Except  at  the  nonpartisan election in 1981, There
 8    may  be  conducted  a  referendum  in  accordance  with   the
 9    provisions of Division 6-4 of the Counties Code.
10    (Source: P.A. 88-89; 88-443; 88-670, eff. 12-2-94; 89-5, eff.
11    1-1-96; 89-95, eff. 1-1-96; 89-626, eff. 8-9-96.)
12        (10 ILCS 5/2A-36) (from Ch. 46, par. 2A-36)
13        Sec. 2A-36.  Fire Protection District - Trustee - Time of
14    Election.  A  trustee  of  a  Fire  Protection District which
15    elects its trustees shall be  elected  at  each  consolidated
16    nonpartisan  election  in  odd-numbered years to succeed each
17    incumbent trustee whose term  expires  before  the  following
18    consolidated nonpartisan election.
19    (Source: P.A. 80-936.)
20        (10 ILCS 5/2A-43) (from Ch. 46, par. 2A-43)
21        Sec.  2A-43.   Springfield  Metropolitan  Exposition  and
22    Auditorium  Authority  -  Commissioner  - Time of Election. A
23    commissioner of the Springfield Metropolitan  Exposition  and
24    Auditorium  Authority  shall  be  elected at the consolidated
25    nonpartisan election of each  odd-numbered  year  to  succeed
26    each  incumbent  commissioner  whose  term expires before the
27    following consolidated nonpartisan election.
28    (Source: P.A. 80-936.)
29        (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
30        Sec. 2A-48.  Board of School Directors - Member - Time of
31    Election. A member of a Board of School Directors or a member
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 1    of an elected Board of Education, as the case may  be,  shall
 2    be  elected  at  each  consolidated  nonpartisan  election to
 3    succeed each incumbent member  whose  term  ends  before  the
 4    following consolidated nonpartisan election.
 5    (Source: P.A. 80-936.)
 6        (10 ILCS 5/2A-49) (from Ch. 46, par. 2A-49)
 7        Sec.  2A-49.   Board of School Inspectors - Member - Time
 8    of Election. A member of a Board of School  Inspectors  shall
 9    be  elected  at  the  consolidated nonpartisan election which
10    immediately precedes  the  expiration  of  the  term  of  any
11    incumbent  school inspector, to succeed each incumbent school
12    inspector whose term ends before the  following  consolidated
13    nonpartisan election.
14    (Source: P.A. 80-936.)
15        (10 ILCS 5/2A-50) (from Ch. 46, par. 2A-50)
16        Sec.  2A-50.  Regional Board of School Trustees - Trustee
17    - Time of Election. Except  in  educational  service  regions
18    having  a  population  of  2,000,000  or  more inhabitants, a
19    trustee of a Regional  Board  of  School  Trustees  shall  be
20    elected  at  the consolidated nonpartisan election to succeed
21    each incumbent trustee whose term ends before  the  following
22    consolidated nonpartisan election.
23    (Source: P.A. 87-969.)
24        (10 ILCS 5/2A-51) (from Ch. 46, par. 2A-51)
25        Sec.  2A-51.   Schools  -  Trustee  -  Time  of Election.
26    Except in a township in which all  school  districts  located
27    therein have withdrawn from the jurisdiction and authority of
28    the  trustees  of  schools under the provisions of subsection
29    (b) of Section 5-1 of the School Code and except in townships
30    in which the office of trustee of schools has been  abolished
31    as  provided  in  subsection (c) of Section 5-1 of the School
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 1    Code, a trustee of schools shall be elected in  townships  at
 2    the   consolidated  nonpartisan  election  which  immediately
 3    precedes the expiration of the term of any incumbent trustee,
 4    to succeed each incumbent trustee whose term ends before  the
 5    following consolidated nonpartisan election.
 6    (Source: P.A. 86-1441; 87-473.)
 7        (10 ILCS 5/2A-52) (from Ch. 46, par. 2A-52)
 8        Sec.  2A-52.   Community College District - Member - Time
 9    of Election. A member of the Board  of  a  Community  College
10    District  shall  be  elected at each consolidated nonpartisan
11    election to succeed each  elected  incumbent  member  of  the
12    Board  whose  term  expires before the following consolidated
13    nonpartisan election.
14    (Source: P.A. 80-936.)
15        (10 ILCS 5/2A-54) (from Ch. 46, par. 2A-54)
16        Sec. 2A-54. In those cases in which the  election  to  an
17    office  is  changed  by  the consolidation of elections to an
18    earlier or later month in the same year  or  to  a  different
19    year,  the  term of any incumbent serving on December 1, 1980
20    is extended to the first Monday in the first month  following
21    the  election  of  his  successor and until the successor has
22    qualified, and the term of  the  successor  in  office  shall
23    commence on that first Monday.
24        The  term  of office of a person elected at a nonpartisan
25    election whose term begins before the effective date of  this
26    amendatory  Act  of 1997 shall expire on the date that his or
27    her term would have expired had this amendatory Act  of  1997
28    not  been enacted.  The term of office of a person elected at
29    a consolidated election held on or after the  effective  date
30    of this amendatory Act of 1997 to succeed to a term of office
31    of  a  person  elected  at a nonpartisan election shall begin
32    upon the termination of the predecessor's term of office. The
HB0652 Enrolled             -14-               LRB9003210MWpc
 1    term of office of a person elected to succeed to  a  term  of
 2    office  of  a  person elected at a nonpartisan election shall
 3    end after the next consolidated election at which a successor
 4    is elected and at the regularly scheduled time for the ending
 5    of terms of office as provided in the Act or Acts creating or
 6    governing that unit of local government or school district.
 7        However, this general provision  for  the  transition  of
 8    terms  of  office  in  relation  to the adoption of a uniform
 9    schedule of  elections  shall  be  subject  to  the  specific
10    provisions  for  the  transition  of  terms  of office in the
11    several Acts creating or governing the  creation  of  various
12    units of local government and school districts, as amended.
13    (Source: P.A. 81-1433.)
14        (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
15        Sec.  4-11.   At  least  2  weeks  prior  to  the general
16    November  election  in  each  even  numbered  year  and   the
17    consolidated  nonpartisan  election in each odd-numbered year
18    the county clerk shall cause a  list  to  be  made  for  each
19    precinct  of all names upon the registration record cards not
20    marked or erased, in alphabetical order,  with  the  address,
21    provided,  that  such list may be arranged geographically, by
22    street and number, in numerical order, with  respect  to  all
23    precincts  in  which  all, or substantially all residences of
24    voters therein shall  be  located  upon  and  numbered  along
25    streets,  avenues, courts, or other highways which are either
26    named or numbered, upon direction either of the county  board
27    or of the circuit court.  On the list, the county clerk shall
28    indicate,  by italics, asterisk, or other means, the names of
29    all persons who have  registered  since  the  last  regularly
30    scheduled  election in the consolidated schedule of elections
31    established in Section 2A-1.1 of this Act. The  county  clerk
32    shall  cause  such  precinct  lists to be printed or typed in
33    sufficient numbers to meet all reasonable demands,  and  upon
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 1    application  a  copy of the same shall be given to any person
 2    applying therefor.  By such time, the county clerk shall give
 3    the precinct lists  to  the  chairman  of  a  county  central
 4    committee of an established political party, as such party is
 5    defined  in  Section  10-2  of this Act, or to the chairman's
 6    duly  authorized  representative.   Within  30  days  of  the
 7    effective date of this Amendatory Act  of  1983,  the  county
 8    clerk  shall  give  the  precinct lists compiled prior to the
 9    general November election of 1982 to the chairman  of  county
10    central committee of an established political party or to the
11    chairman's duly authorized representative.
12        Prior  to  the  opening of the polls for other elections,
13    the county clerk shall transmit or deliver to the  judges  of
14    election of each polling place a corrected list of registered
15    voters  in the precinct, or the names of persons added to and
16    erased or withdrawn from the  list  for  such  precinct.   At
17    other  times  such  list,  currently corrected, shall be kept
18    available for public inspection in the office of  the  county
19    clerk.
20        Within  60  days  after  each general election the county
21    clerk shall indicate by italics, asterisk, or other means, on
22    the  list  of  registered  voters  in  each  precinct,   each
23    registrant  who  voted  at  that  general election, and shall
24    provide a copy of such list to the  chairman  of  the  county
25    central  committee  of each established political party or to
26    the chairman's duly authorized representative.
27        Within  60  days  after  the  effective  date   of   this
28    amendatory  Act  of  1983, the county clerk shall indicate by
29    italics, asterisk, or other means, on the list of  registered
30    voters  in  each  precinct,  each registrant who voted at the
31    general election of 1982, and shall provide a  copy  of  such
32    coded list to the chairman of the county central committee of
33    each  established  political  party or to the chairman's duly
34    authorized representative.
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 1        The county clerk may charge a fee to reimburse the actual
 2    cost of duplicating  each  copy  of  a  list  provided  under
 3    either of the 2 preceding paragraphs.
 4    (Source: P.A. 83-1263.)
 5        (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
 6        Sec.   10-6.    Except   as  provided  in  Section  10-3,
 7    certificates of nomination  and  nomination  papers  for  the
 8    nomination of candidates for offices to be filled by electors
 9    of  the  entire  State, or any district not entirely within a
10    county, or for congressional, state legislative  or  judicial
11    offices,  shall  be  presented to the principal office of the
12    State Board of Elections not more than 99 nor  less  than  92
13    days previous to the day of election for which the candidates
14    are  nominated.   The  State Board of Elections shall endorse
15    the certificates of nomination or nomination papers,  as  the
16    case  may  be,  and  the  date and hour of presentment to it.
17    Except as otherwise  provided  in  this  section,  all  other
18    certificates  for the nomination of candidates shall be filed
19    with the county clerk of the  respective  counties  not  more
20    than  99  but  at  least  92 days previous to the day of such
21    election.  Certificates of nomination and  nomination  papers
22    for the nomination of candidates for the offices of political
23    subdivisions to be filled at regular elections other than the
24    general  election  shall  be  filed  with  the local election
25    official of such subdivision:
26        (1)  (Blank); not more than 78 or less than 71 days prior
27    to the nonpartisan election; or
28        (2)  not more than 78 nor less than 71 days prior to  the
29    consolidated election; or
30        (3)  not  more than 78 nor less than 71 days prior to the
31    general primary in the case of municipal offices to be filled
32    at the general primary election; or
33        (4)  not more than 78 nor less than 71  days  before  the
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 1    consolidated  primary  in the case of municipal offices to be
 2    elected on a nonpartisan basis  pursuant  to  law  (including
 3    without   limitation,  those  municipal  offices  subject  to
 4    Articles 4 and 5 of the Municipal Code); or
 5        (5)  not more than 78 nor less than 71  days  before  the
 6    municipal primary in even numbered years for such nonpartisan
 7    municipal offices where annual elections are provided; or
 8        (6)  in   the   case  of  petitions  for  the  office  of
 9    multi-township assessor, such petitions shall be  filed  with
10    the election authority not more than 78 nor less than 71 days
11    before the consolidated election.
12        However,  where  a political subdivision's boundaries are
13    co-extensive with or are entirely within the jurisdiction  of
14    a municipal board of election commissioners, the certificates
15    of  nomination  and nomination papers for candidates for such
16    political subdivision offices shall be filed in the office of
17    such Board.
18    (Source: P.A. 84-861.)
19        (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
20        Sec. 11-7.   For  the  purpose  of  the  conduct  of  any
21    consolidated   election,   consolidated   primary   election,
22    nonpartisan  election,  special municipal primary election or
23    emergency referendum, an election authority may cluster up to
24    four contiguous precincts as provided in this Section,  which
25    shall constitute a clustered voting zone.  The common polling
26    place  for  the clustered voting zone shall be located within
27    the territory comprising the clustered precincts.  Unless the
28    election  authority  specifies  a  larger  number,  only  one
29    election judge shall be appointed for each of  the  precincts
30    in each clustered voting zone.
31        The  judges  so  appointed may not all be affiliated with
32    the same political party.
33        The conduct of an election in  a  clustered  voting  zone
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 1    shall  be  under the general supervision of all the judges of
 2    election designated to serve in the  clustered  voting  zone.
 3    The  designated  judges  may  perform  the duties of election
 4    judges for the entire clustered  voting  zone.  However,  the
 5    requirements   of   Section   17-14   shall  apply  to  voter
 6    assistance, the requirements of Section 24-10 shall apply  to
 7    voter  instruction,  the  requirement of Section 24A-10 shall
 8    apply to examination of absentee ballots, and any disputes as
 9    to entitlement to vote, challenges, counting  of  ballots  or
10    other  matters pertaining directly to voting shall be decided
11    by those designated judges  appointed  for  the  precinct  in
12    which  the  affected voter resides or the disputed vote is to
13    be counted.
14        This  Section  does  not  apply  to  any   elections   in
15    municipalities with more than 1,000,000 inhabitants.
16    (Source: P.A. 83-685.)
17        (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
18        Sec.  12-1.   At least 60 days prior to each general and,
19    consolidated  and    nonpartisan   election,   the   election
20    authority  shall  provide  public notice, calculated to reach
21    elderly  and  handicapped  voters,  of  the  availability  of
22    registration  and  voting  aids  under  the  Federal   Voting
23    Accessibility  for  the  Elderly  and Handicapped Act, of the
24    availability  of  assistance  in  marking  the  ballot,   and
25    procedures for voting by absentee ballot.
26        At  least  30  days  before  any general election, and at
27    least 20 days before any special congressional election,  the
28    county  clerk  shall publish a notice of the election in 2 or
29    more newspapers  published  in  the  county,  city,  village,
30    incorporated town or town, as the case may be, or if there is
31    no such newspaper, then in any 2 or more newspapers published
32    in the county and having a general circulation throughout the
33    community. The notice may be substantially as follows:
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 1        Notice  is hereby given that on (give date), at (give the
 2    place of holding the election and the name of the precinct or
 3    district) in the county of (name county), an election will be
 4    held for (give  the  title  of  the  several  offices  to  be
 5    filled),  which  election  will  be  open  at  6:00 a. m. and
 6    continued open until 7:00 p. m. of that day.
 7        Dated at .... this .... day of ...., 19...
 8    (Source: P.A. 84-808.)
 9        (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
10        Sec. 16-4.1.  Ballots; Form; Nonpartisan and Consolidated
11    Elections.  This Section shall apply only to the  nonpartisan
12    election,   the   consolidated   primary  election,  and  the
13    consolidated election, except as otherwise expressly provided
14    herein.
15        The ballot for the nomination or election of officers  of
16    each  political  subdivision  shall  be considered a separate
17    ballot, and candidates for  such  offices  shall  be  grouped
18    together.   Where  paper  ballots  are  used,  the  names  of
19    candidates  for  nomination  or  election  to  more  than one
20    political subdivision may be contained on  a  common  ballot,
21    provided  that  such  ballot  clearly indicates and separates
22    each political subdivision from which such officers are to be
23    nominated or elected.  In the case of partisan  elections  of
24    officers,  a  separate  party circle shall be included at the
25    head  of  the  portion  of  the  ballot  for  each  political
26    subdivision for which candidates of  political  parties  have
27    been  nominated.   When  an  electronic voting system is used
28    which utilizes a ballot label booklet, the party circles  for
29    straight  party  voting  shall  be on the same ballot page on
30    which are listed the candidates for the political subdivision
31    election for which that party circle applies.
32        At the consolidated nonpartisan election, the ballot  for
33    school   district   offices  shall  precede  the  ballot  for
HB0652 Enrolled             -20-               LRB9003210MWpc
 1    community college district offices, and thereafter the ballot
 2    order of the political subdivision  officers  to  be  elected
 3    shall  be  as  determined  by the election authority.  In the
 4    case of school districts other  than  community  consolidated
 5    school  districts,  the  ballot  for non-high school district
 6    offices shall precede the ballot  for  high  school  district
 7    offices.
 8        At  the  consolidated  primary  and  at  the consolidated
 9    election, the ballot for nomination or election of  municipal
10    officers  shall precede the ballot for township officers.  At
11    the consolidated election, following the ballot for municipal
12    and township offices shall be the ballots for  park  district
13    and  library  district  offices, following which shall be the
14    ballots for other political subdivision offices in the  order
15    determined by the election authority.
16        The  election  authority,  in  determining  the  order of
17    ballot placement for offices of political subdivisions  whose
18    ballot placement is not specified in this Section, shall give
19    due  regard  to the clarity of the ballot presentation to the
20    voters, cost and administrative ease, and the requirement  to
21    provide separate ballot formats within precincts in which the
22    electors  are  not  entitled  to vote for the same offices or
23    propositions.  At the  request  of  a  political  subdivision
24    which  extends  into more than one election jurisdiction, the
25    election authority shall endeavor to coordinate placement and
26    color of the ballot  for  such  subdivision  with  the  other
27    election  authorities  responsible  for preparing ballots for
28    such  subdivision  election.   The  election  authority   may
29    conduct  a lottery to determine the order of ballot placement
30    of political subdivision ballots  where  such  order  is  not
31    specified  in  this  Section.   Such lottery may be conducted
32    jointly by two or more election authorities.
33    (Source: P.A. 81-1433.)
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 1        (10 ILCS 5/24-1.2) (from Ch. 46, par. 24-1.2)
 2        Sec. 24-1.2.  Paper ballots may be used for  the  conduct
 3    of  the  non-partisan  election and the consolidated election
 4    elections  in  odd-numbered  years,  the  special   municipal
 5    primary  in even-numbered years, and emergency referenda held
 6    at any time, except in regular elections in  which  the  only
 7    offices  or  propositions  on  the  ballot  are for political
 8    subdivisions for which offices have heretofore been voted  on
 9    using voting machines or electronic voting systems and except
10    as  otherwise  provided  by  regulation of the State Board of
11    Elections adopted pursuant to this Section.
12        The  State  Board  of  Elections  may  adopt  regulations
13    requiring the use of voting  machines  or  electronic  voting
14    devices, as are available in the jurisdiction of the election
15    authority,  in  such  elections.   Such  regulations shall be
16    applicable uniformly statewide, and shall require the use  of
17    such  voting  equipment  only  in those elections and only in
18    those precincts  where  (1)  the  ballots  to  be  voted  are
19    complex,  due  to  large  numbers  of offices, candidates, or
20    public questions required to be on the ballot, (2) the number
21    of political subdivisions whose officers or public  questions
22    are  to be included on the ballot is substantial, and (3) the
23    use of such voting equipment is  efficient,  cost  effective,
24    and  does  not  result in unjustified election expenses to be
25    reimbursed by the political subdivisions that will share such
26    expenses pursuant to  Sections  17-30  through  17-33.   Such
27    regulations  may  provide reasonable classifications based on
28    the above factors.
29    (Source: P.A. 80-1469.)
30        Section 6.  The Springfield Metropolitan  Exposition  and
31    Auditorium Authority Act is amended by changing Section 17 as
32    follows:
33        (70 ILCS 345/17) (from Ch. 85, par. 1267)
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 1        Sec.  17.   As  soon  as  practicably  possible after the
 2    appointment of the initial members and, thereafter, within 15
 3    days of each election of members, the  Board  shall  organize
 4    for   the   transaction   of  business,  select  a  chairman,
 5    vice-chairman, and a temporary secretary from its own number,
 6    and adopt by-laws and regulations to govern its  proceedings.
 7    The  initial  chairman and his successors shall be elected by
 8    the Board from time to time for the term of his office  as  a
 9    member  of  the  Board.     Terms  of  members are subject to
10    Section 2A-54 of the Election Code.
11    (Source: P.A. 79-529.)
12        Section 10.  The Fire Protection District Act is  amended
13    by changing Sections 4.02 and 4a as follows:
14        (70 ILCS 705/4.02) (from Ch. 127 1/2, par. 24.02)
15        Sec.  4.02.   In  a  district  governed  by an elected or
16    appointed 5-member board, upon presentation  of  a  petition,
17    signed  by  not  less than 5% of the electors of the district
18    governed by the  board,  requesting  that  a  proposition  to
19    increase  the  board  of  trustees  to  a  7-member  board be
20    submitted to the electors of the district, the  secretary  of
21    the  board  of  trustees shall certify the proposition to the
22    appropriate  election  authorities  who  shall   submit   the
23    proposition  at  a  regular  election  in accordance with the
24    general election law.  The general election law  shall  apply
25    to  and  govern  such  election.  The proposition shall be in
26    substantially the following form:
27    -------------------------------------------------------------
28        Shall the number of trustees           YES
29      of ..... Fire Protection District  ------------------------
30      be increased from 5 to 7?                NO
31    -------------------------------------------------------------
32        If a majority of the votes cast on such  proposition  are
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 1    in  the  affirmative,  the  board of trustees of the district
 2    shall thereafter be increased to a 7-member board and  the  2
 3    additional trustees shall be appointed as provided by Section
 4    4.01  in  a  district  governed  by  an  appointed  board  of
 5    trustees.
 6        In a district governed by an elected 5-member board, if a
 7    majority  of  the  votes  cast on such proposition are in the
 8    affirmative, three trustees shall  be  elected  at  the  next
 9    consolidated  nonpartisan  election and shall serve one for 2
10    years, one for 4 years and one for 6 years, the length of the
11    term of each to be determined  by  lot  at  the  first  board
12    meeting  following  the election.  Thereafter, one trustee or
13    two trustees, as necessary to maintain a  7-member  board  of
14    trustees,  shall  be  elected at the election provided by the
15    general election law for a term of 6 years.
16        Trustees  in  office  on  the  effective  date  of   this
17    amendatory  Act of 1987 shall continue to hold office for the
18    remainder of their terms.  The term of each  elected  trustee
19    shall commence on the first Monday in the month following his
20    election  and  each  shall hold office until his term expires
21    and until a successor is elected and qualified.
22    (Source: P.A. 85-535.)
23        (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
24        Sec. 4a.  Any fire protection  district  organized  under
25    this  Act  may  determine,  in  either manner provided in the
26    following items (1) and (2)  of  this  Section,  to  have  an
27    elected, rather than an appointed, board of trustees.
28             (1)  If  the  district  lies  wholly within a single
29        township  but  does  not  also  lie   wholly   within   a
30        municipality,   the   township   board  of  trustees  may
31        determine, by ordinance, to  have  an  elected  board  of
32        trustees.
33             (2)  Upon presentation to the board of trustees of a
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 1        petition,  signed by not less than 10% of the electors of
 2        the district,  requesting  that  a  proposition  for  the
 3        election  of trustees be submitted to the electors of the
 4        district, the secretary of the board  of  trustees  shall
 5        certify  the  proposition  to  the  appropriate  election
 6        authorities who shall submit the proposition at a regular
 7        election  in  accordance  with  the general election law.
 8        The general election law shall apply to and  govern  such
 9        election.   The proposition shall be in substantially the
10        following form:
11    -------------------------------------------------------------
12             Shall the trustees of......       YES
13             Fire Protection District be     --------------------
14             elected, rather than appointed?   NO
15    -------------------------------------------------------------
16             If a majority of the votes cast on such  proposition
17        are  in  the  affirmative,  the  trustees of the district
18        shall thereafter be elected as provided by this Section.
19        At the next regular election for trustees as provided  by
20    the  general  election  law,  a district that has approved by
21    ordinance or referendum to have its trustees  elected  rather
22    than appointed shall elect 3, 5, or 7 trustees, as previously
23    determined   by  the  organization  of  the  district  or  as
24    increased under Section 4.01 or 4.02.   The  initial  elected
25    trustees  shall  be elected for 2, 4, and 6 year terms.  In a
26    district with 3 trustees, one trustee shall be elected for  a
27    term  of  2  years,  one for a term of 4 years, and one for a
28    term of 6 years.  In a district with 5 trustees,  2 shall  be
29    elected for terms of 2 years, 2 for terms of 4 years, and one
30    for  a  term  of  6  years.  In a district with 7 trustees, 3
31    shall be elected for terms of 2  years,  2  for  terms  of  4
32    years,  and  2  for  terms  of  6  years. Except as otherwise
33    provided in Section 2A-54 of the Election Code, the  term  of
34    each  elected  trustee  shall commence on the first Monday of
HB0652 Enrolled             -25-               LRB9003210MWpc
 1    the month following the month of his election and  until  his
 2    successor  is elected and qualified.  The length of the terms
 3    of the trustees first elected shall be determined by  lot  at
 4    their first meeting.  Except as otherwise provided in Section
 5    2A-54 of the Election Code, thereafter, each trustee shall be
 6    elected  to  serve  for  a  term of 6 years commencing on the
 7    first Monday of the month following the month of his election
 8    and until his successor is elected and qualified.
 9        No party designation  shall  appear  on  the  ballot  for
10    election  of trustees. The provisions of the general election
11    law shall apply to and govern the nomination and election  of
12    trustees.
13        The  provisions  of  Section  4  relating to eligibility,
14    powers and disabilities of trustees shall  apply  equally  to
15    elected trustees.
16        Whenever  a  fire protection district determines to elect
17    trustees as provided in this Section, the trustees  appointed
18    pursuant  to Section 4 shall continue to constitute the board
19    of trustees until the first Monday of the month following the
20    month of the first election of trustees.    If  the  term  of
21    office  of  any  appointed  trustees expires before the first
22    election of trustees,  the  authority  which  appointed  that
23    trustee under Section 4 of this Act shall appoint a successor
24    to serve until a successor is elected and has qualified.  The
25    terms of all appointed trustees in such district shall expire
26    on  the  first Monday of the month following the month of the
27    first  election  of  trustees  under  this  Section  or  when
28    successors have been elected and  have  qualified,  whichever
29    occurs later.
30    (Source: P.A. 88-440.)
31        Section  11.  The  School  Code  is  amended  by changing
32    Sections 6-17, 10-5, and 10-10 as follows:
HB0652 Enrolled             -26-               LRB9003210MWpc
 1        (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
 2        Sec. 6-17. Election of  president  -  Terms  of  members.
 3    Except as otherwise provided in Section 2A-54 of the Election
 4    Code, on the first Monday in May January, following the first
 5    election,  or if such day is a holiday then the next day, the
 6    regional  superintendent  of  schools  who   shall   be   the
 7    ex-officio  secretary  of  the  board shall convene the newly
 8    elected regional board of school trustees for the purpose  of
 9    organization.   Except  as  provided  in Section 2A-54 of the
10    Election Code, at this meeting the members shall     elect  a
11    president   from  among  their  number  who  shall  serve  as
12    president for a term of 2 years and shall  determine  by  lot
13    the  length  of the term of each member so that 2 shall serve
14    for a term of 2 years, 2 for 4 years and 3 for 6  years  from
15    the  first  Monday  of  the month following the date of their
16    election. Except as provided in Section 2A-54 of the Election
17    Code, thereafter members shall be elected to serve for a term
18    of 6 years from the first Monday of the month  following  the
19    date  of their election or until their successors are elected
20    and qualified.
21        All succeeding meetings for the purpose  of  organization
22    shall  be  held  on the first Monday in May January following
23    the election; however,  in  case  the  first  Monday  in  May
24    January  is  a holiday the organization meeting shall be held
25    on the next day.
26        If educational service  regions  are  consolidated  under
27    Section 3A-3 or 3A-4 of this Act, however, the expiring terms
28    of members of each regional board of school trustees in those
29    regions  being  consolidated  shall  be    extended  so as to
30    terminate on the first Monday of  August  of  the  year  that
31    consolidation  takes  effect,  as  defined in Section 3A-5 of
32    this Act, and, on such day, the  Regional  Superintendent  of
33    the consolidated region shall convene all the members of each
34    regional board of school trustees in the consolidated region,
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 1    and  shall  by lot select from among such trustees an interim
 2    regional board of school trustees for the consolidated region
 3    in accord  with  the  specifications  as  to  membership  and
 4    residency  in  Section  6-2.   The  interim board so selected
 5    shall  serve  until  their  successors  are  elected  at  the
 6    succeeding regular election of regional school  trustees  and
 7    have  qualified.  A  single regional board of school trustees
 8    shall be elected at such succeeding regular election to  take
 9    office  on  the  first  Monday  of  the  month following such
10    election.  The board  elected  for  the  consolidated  region
11    shall be convened on such first Monday of the month following
12    such   election  for  organizational  purposes,  to  elect  a
13    president and determine terms  for  its  members  by  lot  as
14    provided  in  this Section. The respective regional boards of
15    school trustees of educational service  regions  involved  in
16    consolidations  under  Section  3A-3  or  3A-4 shall cease to
17    exist at the time the  board  elected  for  the  consolidated
18    region is so organized.
19    (Source: P.A. 80-231; 80-1469; 80-1494.)
20        (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
21        Sec.  10-5.  Organization  of board - Report to treasurer
22    and regional superintendent of schools. Within 7  days  after
23    the  regular  election of directors, the directors shall meet
24    and organize by appointing one of their number president  and
25    another  as  clerk.  The  clerk  shall  at once report to the
26    treasurer and regional superintendent of schools the names of
27    the president and clerk so appointed. Terms  of  members  are
28    subject to Section 2A-54 of the Election Code.
29    (Source: P.A. 81-1490.)
30        (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
31        Sec.  10-10.  Board  of education - Term - Vacancy.   All
32    school districts having a population of not fewer than  1,000
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 1    and  not more than 500,000 inhabitants, as ascertained by any
 2    special or general census, and not governed by special  Acts,
 3    shall  be  governed  by  a board of education consisting of 7
 4    members,  serving  without  compensation  except  as   herein
 5    provided.   Each  member  shall  be  elected  for a term of 4
 6    years.  If 5 members are elected  in  1983  pursuant  to  the
 7    extension  of  terms  provided  by  law for transition to the
 8    consolidated election schedule  under  the  general  election
 9    law,  2 of those members shall be elected to serve terms of 2
10    years and 3 shall be elected to serve terms of 4 years; their
11    successors shall serve for a 4 year term.  When the voters of
12    a district have voted  to  elect  members  of  the  board  of
13    education  for  6 year terms, as provided in Section 9-5, the
14    terms of office of members of the board of education of  that
15    district  expire  when their successors assume office but not
16    later than 7 days after such  election.  If  at  the  regular
17    school election held in the first odd-numbered year after the
18    determination to elect members for 6 year terms 2 members are
19    elected,  they  shall  serve  for  a  6 year term; and of the
20    members elected at the next regular school election  3  shall
21    serve  for  a  term  of 6 years and 2 shall serve a term of 2
22    years.  Thereafter members elected in such districts shall be
23    elected to a 6 year term.  If at the regular school  election
24    held  in  the first odd-numbered year after the determination
25    to elect members for 6 year terms 3 members are elected, they
26    shall serve for a 6 year term; and of the members elected  at
27    the  next regular school election 2 shall serve for a term of
28    2 years and 2 shall serve for a term of 6 years.   Thereafter
29    members  elected  in  such  districts shall be elected to a 6
30    year term.  If at the regular school  election  held  in  the
31    first  odd-numbered  year  after  the  determination to elect
32    members for 6 year terms 4 members are elected, 3 shall serve
33    for a term of 6 years and one shall serve for  a  term  of  2
34    years;  and of the members elected at the next regular school
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 1    election 2 shall serve for terms of 6 years and 2 shall serve
 2    for terms of 2 years.  Thereafter  members  elected  in  such
 3    districts  shall  be  elected  to  a  6 year term.  If at the
 4    regular school election held in the first  odd-numbered  year
 5    after  the determination to elect members for a 6 year term 5
 6    members are elected, 3 shall serve for a term of 6 years  and
 7    2  shall  serve  for  a  term  of 2 years; and of the members
 8    elected at the next regular school election 2 shall serve for
 9    terms of 6 years and 2 shall serve  for  terms  of  2  years.
10    Thereafter members elected in such districts shall be elected
11    to a 6 year term.  An Election for board members shall not be
12    held  in  school districts which by consolidation, annexation
13    or otherwise shall cease to exist as a school district within
14    six months after the election date, and the term of all board
15    members which would otherwise terminate  shall  be  continued
16    until  such district shall cease to exist. Each member shall,
17    on the date of his election,  be  a  citizen  of  the  United
18    States  of  the  age  of  18 years or over, a resident of the
19    state and the territory of the district for at least one year
20    immediately preceding his election,  a  registered  voter  as
21    provided  in  the  general  election  law, and shall not be a
22    school trustee or a school  treasurer.   When  the  board  of
23    education  is  the  successor  of  the  school directors, all
24    rights of property, and all rights regarding causes of action
25    existing or vested in such directors, shall  vest  in  it  as
26    fully  as they were vested in the school directors.  Terms of
27    members are subject to Section 2A-54 of the Election Code.
28        Nomination papers filed under this Section are not  valid
29    unless  the  candidate named therein files with the secretary
30    of the board of education or with a person designated by  the
31    board  to  receive  nominating  petitions  a receipt from the
32    county clerk showing that the candidate has filed a statement
33    of  economic  interests   as   required   by   the   Illinois
34    Governmental  Ethics  Act.    Such  receipt shall be so filed
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 1    either previously during  the  calendar  year  in  which  his
 2    nomination  papers  were  filed  or within the period for the
 3    filing of nomination papers in accordance  with  the  general
 4    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
 8    vacancy until the next  regular  school  election,  at  which
 9    election  a successor shall be elected to serve the remainder
10    of the unexpired term.  However, if the vacancy  occurs  with
11    less  than  868 days remaining in the term, or if the vacancy
12    occurs less than 88 days before the next regularly  scheduled
13    election  for  this office then the person so appointed shall
14    serve the remainder of the unexpired term, and no election to
15    fill the vacancy shall be held. Should they fail so  to  act,
16    within  45  days  after  the  vacancy  occurs,  the  regional
17    superintendent of schools under whose supervision and control
18    the  district  is  operating, as defined in Section 3-14.2 of
19    this Act, shall within 30 days after  the  remaining  members
20    have failed to fill the vacancy, fill the vacancy as provided
21    for  herein.  Upon  the  regional superintendent's failure to
22    fill the vacancy, the vacancy shall be  filled  at  the  next
23    regularly  scheduled  election.  Whether elected or appointed
24    by the remaining  members  or  regional  superintendent,  the
25    successor  shall be an inhabitant of the particular area from
26    which his or her predecessor was elected if  the  residential
27    requirements  contained  in  Section 11A-8, 11B-7, or 12-2 of
28    this Act apply.
29    (Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96.)
30        Section 15.  The Public Community College Act is  amended
31    by changing Sections 2-12.1, 3-7, and 3-8 as follows:
32        (110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)
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 1        Sec.   2-12.1.  Experimental   district;   abolition   of
 2    experimental  district  and  establishment  of  new community
 3    college district.
 4        (a)  The State  Board  shall  establish  an  experimental
 5    community  college  district,  referred to in this Act as the
 6    "experimental district", to be comprised of  territory  which
 7    includes  the  City  of  East  St. Louis, Illinois. The State
 8    Board shall determine the area and fix the boundaries of  the
 9    territory of the experimental district. Within 30 days of the
10    establishment  of  the experimental district, the State Board
11    shall file with the county clerk of the county, or  counties,
12    concerned  a  map  showing  the territory of the experimental
13    district.
14        Within the experimental district, the State  Board  shall
15    establish,  maintain  and  operate,  until  the  experimental
16    district is abolished and a new community college district is
17    established  under  subsection (c), an experimental community
18    college to be known as the State Community  College  of  East
19    St. Louis.
20        (b)  (Blank).
21        (c)  The  experimental  district  shall  be abolished and
22    replaced by a new community college district as follows:
23             (1)  The establishment of the new community  college
24        district  shall become effective for all purposes on July
25        1,  1996,   notwithstanding   any   minimum   population,
26        equalized   assessed   valuation  or  other  requirements
27        provided by Section 3-1 or any other  provision  of  this
28        Act   for   the  establishment  of  a  community  college
29        district.
30             (2)  The experimental district established  pursuant
31        to subsection (a) shall be abolished on July 1, 1996 when
32        the  establishment  of the new community college district
33        becomes effective for all purposes.
34             (3)  The territory  of  the  new  community  college
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 1        district  shall be comprised of the territory of, and its
 2        boundaries shall be coterminous with  the  boundaries  of
 3        the experimental district which it will replace, as those
 4        boundaries existed on November 7, 1995.
 5             (4)  Notwithstanding the fact that the establishment
 6        of  the  new  community  college district does not become
 7        effective for  all  purposes  until  July  1,  1996,  the
 8        election  for the members of the initial board of the new
 9        community college district,  to  consist  of  7  members,
10        shall  be held at the nonpartisan election in November of
11        1995 in the manner provided by the general election  law,
12        nominating  petitions  for  members  of the initial board
13        shall be filed with the regional  superintendent  in  the
14        manner  provided  by Section 3-7.10 with respect to newly
15        organized districts, and the persons entitled to nominate
16        and to vote at the election for the members of the  board
17        of  the  new  community  college  district  shall  be the
18        electors in the territory referred to in paragraph (3) of
19        this subsection.  In addition, for purposes of the  levy,
20        extension,   and  collection  of  taxes  as  provided  in
21        paragraph (5.5) of this subsection and for the   purposes
22        of  establishing  the territory and boundaries of the new
23        community college district within  and  for  which  those
24        taxes  are  to  be  levied,  the  new  community  college
25        district  shall  be deemed established and effective when
26        the 7 members of the initial board of the  new  community
27        college  district are elected and take office as provided
28        in this subsection (c).
29             (5)  Each member elected to the initial board of the
30        new community college district must, on the date  of  his
31        election,  be  a citizen of the United States, of the age
32        of 18 years or over, and a resident of the State and  the
33        territory referred to in paragraph (3) of this subsection
34        for  at  least one year preceding his election.  Election
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 1        to  the  initial  board  of  the  new  community  college
 2        district of a person who on July 1, 1996 is a member of a
 3        common school board constitutes his resignation from, and
 4        creates a vacancy on that common school  board  effective
 5        July 1, 1996.
 6             (5.5)  The  members  first  elected  to the board of
 7        trustees  shall  take  office  on  the  first  Monday  of
 8        December, 1995, for the  sole  and  limited   purpose  of
 9        levying,  at  the  rates  specified  in  the  proposition
10        submitted to the electors under subsection (b), taxes for
11        the  educational  purposes  and  for  the  operations and
12        maintenance of facilities purposes of the  new  community
13        college  district.  The taxes shall be levied in calendar
14        year 1995 for extension and collection in  calendar  year
15        1996,  notwithstanding  the  fact  that the new community
16        college  district  does  not  become  effective  for  the
17        purposes of administration of the community college until
18        July 1, 1996.  The regional superintendent shall  convene
19        the  meeting  under  this paragraph and the members shall
20        organize for the purpose of that meeting by electing, pro
21        tempore, a chairperson and a secretary.  At that  meeting
22        the  board  is  authorized  to levy taxes for educational
23        purposes and for operations and maintenance of facilities
24        purposes as authorized in this paragraph without adopting
25        any budget for the new  community  college  district  and
26        shall certify the levy to the appropriate county clerk or
27        county  clerks in accordance with law.  The county clerks
28        shall  extend  the  levy  notwithstanding  any  law  that
29        otherwise requires adoption of a budget before  extension
30        of  the  levy.  The funds produced by the levy made under
31        this  paragraph  to  the  extent  received  by  a  county
32        collector  before  July  1,  1996  shall  immediately  be
33        invested in lawful investments and  held  by  the  county
34        collector  for  payment and transfer to the new community
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 1        college district, along  with  all  accrued  interest  or
 2        other  earnings accrued on the investment, as provided by
 3        law on July 1, 1996.  All funds produced by the levy  and
 4        received  by  a county collector on or after July 1, 1996
 5        shall  be  transferred  to  the  new  community   college
 6        district  as  provided  by  law  at such time as they are
 7        received by the county collector.
 8             (5.75)  Notwithstanding any other provision of  this
 9        Section  or  the  fact  that  establishment  of  the  new
10        community college district as provided in this subsection
11        does  not  take  effect  until  July 1, 1996, the members
12        first elected  to  the  board  of  trustees  of  the  new
13        community   college  district  are  authorized  to  meet,
14        beginning on June 1, 1996 and thereafter for purposes of:
15        (i) arranging for  and  approving  educational  programs,
16        ancillary services, staffing, and associated expenditures
17        that  relate to the offering by the new community college
18        district of educational programs beginning  on  or  after
19        July  1,  1996  and  before  the fall term of the 1996-97
20        academic  year,  and  (ii)  otherwise  facilitating   the
21        orderly  transition  of  operations from the experimental
22        district known as State Community  College  of  East  St.
23        Louis  to  the new community college district established
24        under this subsection. The persons elected to serve,  pro
25        tempore,  as  chairperson  and secretary of the board for
26        purposes of paragraph (5.5) shall continue  to  serve  in
27        that capacity for purposes of this paragraph (5.75).
28             (6)  Except  as  otherwise  provided  in  paragraphs
29        (5.5)  and  (5.75),  each of the members first elected to
30        the board of the new  community  college  district  shall
31        take  office  on July 1, 1996, and the Illinois Community
32        College Board, publicly by lot and not later than July 1,
33        1996, shall determine the length of term to be served  by
34        each  member  of  the  initial  board as follows: 2 shall
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 1        serve  until  their  successors  are   elected   at   the
 2        nonpartisan  election in 1997 and have qualified, 2 shall
 3        serve  until  their  successors  are   elected   at   the
 4        consolidated   nonpartisan  election  in  1999  and  have
 5        qualified, and 3 shall serve until their  successors  are
 6        elected  at the consolidated nonpartisan election in 2001
 7        and have qualified.  Their successors shall serve 6  year
 8        terms.  Terms  of members are subject to Section 2A-54 of
 9        the Election Code.
10             (7)  The regional superintendent shall  convene  the
11        initial  board  of  the new community college district on
12        July 1, 1996, and the non-voting student member initially
13        selected to that board  as  provided  in  Section  3-7.24
14        shall serve a term beginning on the date of selection and
15        expiring  on  the  next  succeeding April 15.  Upon being
16        convened on July 1, 1996,  the  board  shall  proceed  to
17        organize  in  accordance  with  Section  3-8,  and  shall
18        thereafter  continue to exercise the powers and duties of
19        a board in the manner provided by law for all  boards  of
20        community   college   districts  except  where  obviously
21        inapplicable  or  otherwise   provided   by   this   Act.
22        Vacancies  shall  be  filled,  and  members  shall  serve
23        without   compensation   subject   to  reimbursement  for
24        reasonable expenses incurred  in  connection  with  their
25        service as members, as provided in Section 3-7.  The duly
26        elected  and organized board of the new community college
27        district shall levy taxes at a rate not  to  exceed  .175
28        percent  for  educational  purposes  and at a rate not to
29        exceed .05 percent  for  operations  and  maintenance  of
30        facilities  purposes;  provided that the board may act to
31        increase such rates at a regular election  in  accordance
32        with Section 3-14 and the general election law.
33        (d)  Upon  abolition  of  the  experimental  district and
34    establishment  of  the  new  community  college  district  as
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 1    provided in this Section,  all  tangible  personal  property,
 2    including  inventory, equipment, supplies, and library books,
 3    materials, and collections,  belonging  to  the  experimental
 4    district and State Community College of East St. Louis at the
 5    time  of  their  abolition under this Section shall be deemed
 6    transferred, by operation of law, to the board of trustees of
 7    the new community college district.  In  addition,  all  real
 8    property,  and  the  improvements  situated  thereon, held by
 9    State Community College of East St. Louis or on its behalf by
10    its  board  of  trustees  shall,  upon   abolition   of   the
11    experimental   district  and  college  as  provided  in  this
12    Section, be conveyed by the Illinois Community College Board,
13    in the manner prescribed by law, to the board of trustees  of
14    the  new  community  college  district established under this
15    Section for so long as that real property  is  used  for  the
16    conduct  and  operation of a public community college and the
17    related purposes of a public community  college  district  of
18    this  State.   Neither the new community college district nor
19    its board of trustees shall have any  responsibility  to  any
20    vendor  or  other  person  making  a  claim  relating  to the
21    property, inventory, or equipment so transferred.
22    (Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96.)
23        (110 ILCS 805/3-7) (from Ch. 122, par. 103-7)
24        Sec. 3-7.  The election of the members of  the  board  of
25    trustees  shall  be nonpartisan and shall be held at the time
26    and in the manner provided in the general election law.
27        Unless otherwise provided in this Act, members  shall  be
28    elected  to  serve 6 year terms.  The term of members elected
29    in 1985 and thereafter shall be from the date the  member  is
30    officially determined to be elected to the board by a canvass
31    conducted pursuant to the Election Code, to the date that the
32    winner  of  the  seat is officially determined by the canvass
33    conducted pursuant to the Election Code  the  next  time  the
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 1    seat on the board is to be filled by election.
 2        A board of trustees of a community college district which
 3    is  contiguous  or  has  been  contiguous  to an experimental
 4    community college  district  as  authorized  and  defined  by
 5    Article IV of this Act may, on its own motion, or shall, upon
 6    the  petition  of  the  lesser of 1/10 or 2,000 of the voters
 7    registered in the district, order submitted to the voters  of
 8    the district at the next general election the proposition for
 9    the election of board members by trustee district rather than
10    at  large,  and such proposition shall thereupon be certified
11    by  the  secretary  of  the  board  to  the  proper  election
12    authority in accordance with the  general  election  law  for
13    submission.
14        If  the  proposition  is  approved by a majority of those
15    voting on the proposition, the State Board of  Elections,  in
16    1991,  shall reapportion the trustee districts to reflect the
17    results of the last decennial census, and  shall  divide  the
18    community  college district into 7 trustee districts, each of
19    which shall be compact, contiguous and substantially equal in
20    population to each other district.  In 2001, and in the  year
21    following  each  decennial  census  thereafter,  the board of
22    trustees of community college District #522 shall reapportion
23    the trustee districts to reflect the results of  the  census,
24    and  shall  divide  the  community  college  district  into 7
25    trustee  districts,  each  of   which   shall   be   compact,
26    contiguous,  and  substantially  equal  in population to each
27    other  district.   The  division  of  the  community  college
28    district  into  trustee  districts  shall  be  completed  and
29    formally approved by a majority of the members  appointed  to
30    the  State  Board  of  Elections  with respect to the initial
31    division of the community college  district  into  7  trustee
32    districts  in  1991,  and by a majority of the members of the
33    board of trustees of community  college  District  #522  with
34    respect   to   the   year  following  each  decennial  census
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 1    thereafter, not less  than  60  days  before  the  last  date
 2    established by the general election law for the submission of
 3    nominating   petitions   for  the  next  regularly  scheduled
 4    election for community college trustees.  At the same meeting
 5    of the board of trustees, the board shall, publicly  by  lot,
 6    divide  the  trustee  districts as equally as possible into 2
 7    groups. Trustees or their successors from one group shall  be
 8    elected  for  successive  terms  of  4 years and 6 years; and
 9    members or their successors from the second  group  shall  be
10    elected  for  successive  terms  of 6 years and 4 years.  One
11    member shall be elected from each such trustee district.
12        Each member must on the date of his election be a citizen
13    of the United States, of the age of 18 years or over,  and  a
14    resident  of the State and the territory which on the date of
15    the election is included in the  community  college  district
16    for  at least one year immediately preceding his election. In
17    the event a person who is a member of a common  school  board
18    is elected or appointed to a board of trustees of a community
19    college district, that person shall be permitted to serve the
20    remainder  of  his  or  her term of office as a member of the
21    common school board. Upon the expiration of the common school
22    board term, that person shall not be eligible for election or
23    appointment to a common  school  board  during  the  term  of
24    office with the community college district board of trustees.
25        Whenever  a  vacancy  occurs, the remaining members shall
26    fill the vacancy, and the person  so  appointed  shall  serve
27    until a successor is elected at the next regular election for
28    board  members  and  is certified in accordance with Sections
29    22-17 and 22-18 of  the  Election  Code.   If  the  remaining
30    members  fail  so  to  act  within  60 days after the vacancy
31    occurs, the chairman of  the  State  Board  shall  fill  that
32    vacancy,  and  the  person  so  appointed shall serve until a
33    successor is elected at the next regular election  for  board
34    members  and  is  certified in accordance with Sections 22-17
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 1    and 22-18 of the Election Code.  The person appointed to fill
 2    the vacancy shall have the same residential qualifications as
 3    his predecessor in office was required  to  have.  In  either
 4    instance,  if  the  vacancy  occurs  with  less than 4 months
 5    remaining before the next scheduled consolidated  nonpartisan
 6    election, and the term of office of the board member vacating
 7    the  position  is  not  scheduled to expire at that election,
 8    then the term of the person so appointed shall extend through
 9    that  election  and   until   the   succeeding   consolidated
10    nonpartisan  election.   If  the  term of office of the board
11    member vacating the position is scheduled to  expire  at  the
12    upcoming  consolidated  nonpartisan  election,  the appointed
13    member shall serve only until  a  successor  is  elected  and
14    qualified at that election.
15        Members of the board shall serve without compensation but
16    shall be reimbursed for their reasonable expenses incurred in
17    connection  with  their service as members. Compensation, for
18    purposes of this Section, means any salary or other  benefits
19    not  expressly  authorized by this Act to be provided or paid
20    to, for or on behalf of members of the board.  The  board  of
21    each  community college district may adopt a policy providing
22    for the issuance of bank credit cards, for use by  any  board
23    member who requests the same in writing and agrees to use the
24    card  only for the reasonable expenses which he or she incurs
25    in connection with his or her  service  as  a  board  member.
26    Expenses  charged to such credit cards shall be accounted for
27    separately and shall be  submitted  to  the  chief  financial
28    officer of the district for review prior to being reported to
29    the board at its next regular meeting.
30        Except  in  an  election  of  the initial board for a new
31    community college district created pursuant to Section 6-6.1,
32    the ballot for the election of members of  the  board  for  a
33    community  college district shall indicate the length of term
34    for each office to be filled.  In the election of a board for
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 1    any community college district, the ballot shall not  contain
 2    any political party designation.
 3    (Source: P.A. 87-707; 87-776; 87-895; 88-686, eff. 1-24-95.)
 4        (110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
 5        Sec.  3-8.  Following  each election and canvass, the new
 6    board shall hold its organizational meeting on or before  the
 7    14th  day  after the election. If the election is the initial
 8    election  ordered  by  the   regional   superintendent,   the
 9    organizational  meeting  shall  be  convened  by the regional
10    superintendent, who shall preside over the meeting until  the
11    election  for  chairman, vice chairman and secretary of board
12    is completed.  At  all  other  organizational  meetings,  the
13    chairman  of  the  board,  or,  in  his  or  her absence, the
14    president of the community college or acting chief  executive
15    officer  of  the  college  shall  convene  the new board, and
16    conduct  the  election  for  chairman,  vice   chairman   and
17    secretary.    The   board   shall   then   proceed  with  its
18    organization under the  newly  elected  board  officers,  and
19    shall  fix  a  time  and  place for its regular meetings.  It
20    shall than enter upon the discharge of its duties.  The terms
21    of board office shall be 2 years, except that  the  board  by
22    resolution  may establish a policy for the terms of office to
23    be one year, and provide for the election of officers for the
24    remaining one year period. Terms of members  are  subject  to
25    Section 2A-54 of the Election Code.
26        Special  meetings  of  the  board  may  be  called by the
27    chairman or by any 3 members of the board  by  giving  notice
28    thereof in writing stating the time, place and purpose of the
29    meeting.  Such  notice  may be served by mail 48 hours before
30    the meeting or  by  personal  service  24  hours  before  the
31    meeting.
32        At  each regular and special meeting which is open to the
33    public, members of the public and employees of the  community
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 1    college   district   shall   be  afforded  time,  subject  to
 2    reasonable constraints, to comment to or ask questions of the
 3    board.
 4    (Source: P.A. 86-758; 86-1032; 87-707; 87-915.)

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