State of Illinois
91st General Assembly
Legislation

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91_HB1843

 
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 1        AN  ACT  changing  the  date  of  the  general   primary,
 2    consolidated  primary,  and  consolidated elections, amending
 3    named Acts.

 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:

 6        Section  5.  The  Election  Code  is  amended by changing
 7    Sections 2A-1.1, 2A-1.1a, 7-8, and 8-4 as follows:

 8        (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
 9        Sec. 2A-1.1.  All Elections - Consolidated Schedule.  (a)
10    In even-numbered years, the general election shall be held on
11    the  first Tuesday after the first Monday of November; and an
12    election to be known as the general primary election shall be
13    held on the third Saturday Tuesday in March;
14        (b)  In odd-numbered years, an election to  be  known  as
15    the consolidated election shall be held on the first Saturday
16      Tuesday  in  April except as provided in Section 2A-1.1a of
17    this Act; and an election to be  known  as  the  consolidated
18    primary  election  shall  be  held on the third Saturday last
19    Tuesday in February.
20    (Source: P.A. 90-358, eff. 1-1-98.)

21        (10 ILCS 5/2A-1.1a) (from Ch. 46, par. 2A-1.1a)
22        Sec. 2A-1.1a.  Whenever the date designated in  paragraph
23    (b) of Section 2A-1.1 for the consolidated election conflicts
24    with  the  celebration  of  Passover,  that election shall be
25    postponed to the first Saturday Tuesday  following  the  last
26    day of Passover.
27    (Source: P.A. 82-1014.)

28        (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
29        Sec.  7-8.  The State central committee shall be composed
 
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 1    of one or two members from each congressional district in the
 2    State and shall be elected as follows:
 3                       State Central Committee
 4        (a)  Within 30 days after  the  effective  date  of  this
 5    amendatory  Act  of  1983 the State central committee of each
 6    political party shall certify to the State Board of Elections
 7    which of the following alternatives it wishes to apply to the
 8    State central committee of that party.
 9        Alternative A.  At the general primary election  held  on
10    the  third  Tuesday in March 1970, and at the general primary
11    election held every 4 years thereafter, each primary  elector
12    may  vote  for  one  candidate of his party for member of the
13    State central committee for  the  congressional  district  in
14    which he resides.  The candidate receiving the highest number
15    of votes shall be declared elected State central committeeman
16    from  the  district.  A  political  party may, in lieu of the
17    foregoing, by a majority  vote  of  delegates  at  any  State
18    convention  of  such party, determine to thereafter elect the
19    State central committeemen in the manner following:
20        At the county convention held  by  such  political  party
21    State  central  committeemen  shall  be  elected  in the same
22    manner as provided  in  this  Article  for  the  election  of
23    officers  of  the county central committee, and such election
24    shall follow the election of officers of the  county  central
25    committee.    Each   elected   ward,   township  or  precinct
26    committeeman shall cast as his vote one vote for each  ballot
27    voted  in  his ward, township, part of a township or precinct
28    in the last  preceding  primary  election  of  his  political
29    party.  In  the  case  of a county lying partially within one
30    congressional   district   and   partially   within   another
31    congressional  district,  each  ward,  township  or  precinct
32    committeeman  shall   vote   only   with   respect   to   the
33    congressional district in which his ward, township, part of a
34    township   or   precinct  is  located.   In  the  case  of  a
 
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 1    congressional  district  which  encompasses  more  than   one
 2    county, each ward, township or precinct committeeman residing
 3    within  the congressional district shall cast as his vote one
 4    vote for each ballot voted in his ward, township, part  of  a
 5    township  or  precinct in the last preceding primary election
 6    of his political party for one candidate  of  his  party  for
 7    member  of  the State central committee for the congressional
 8    district in which he resides and the Chairman  of the  county
 9    central committee shall report the results of the election to
10    the  State  Board  of Elections. The State Board of Elections
11    shall certify the candidate receiving the highest  number  of
12    votes   elected   State   central   committeeman   for   that
13    congressional district.
14        The  State central committee shall adopt rules to provide
15    for and govern the procedures to be followed in the  election
16    of members of the State central committee.
17        Alternative   B.  Each   congressional  committee  shall,
18    within 30  days  after  the  adoption  of  this  alternative,
19    appoint  a  person  of the sex opposite that of the incumbent
20    member  for  that  congressional  district  to  serve  as  an
21    additional member of the State central committee until his or
22    her successor is elected at the general primary  election  in
23    1986.    Each   congressional   committee   shall  make  this
24    appointment by voting on the basis set forth in paragraph (e)
25    of this  Section.  In  each  congressional  district  at  the
26    general  primary  election  held  in  1986  and every 4 years
27    thereafter, the male candidate receiving the  highest  number
28    of  votes  of  the  party's male candidates for State central
29    committeeman, and the female candidate receiving the  highest
30    number  of  votes  of the party's female candidates for State
31    central  committeewoman,  shall  be  declared  elected  State
32    central committeeman and State  central  committeewoman  from
33    the  district.   At the general primary election held in 1986
34    and every 4 years thereafter, if all a party's candidates for
 
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 1    State central committeemen or  State  central  committeewomen
 2    from  a  congressional  district  are  of  the  same sex, the
 3    candidate receiving the highest  number  of  votes  shall  be
 4    declared  elected  a  State  central  committeeman  or  State
 5    central  committeewoman  from the district, and, because of a
 6    failure to elect one male and one female to the committee,  a
 7    vacancy  shall  be  declared  to  exist  in the office of the
 8    second  member  of  the  State  central  committee  from  the
 9    district.  This vacancy shall be filled by appointment by the
10    congressional committee  of  the  political  party,  and  the
11    person  appointed  to fill the vacancy shall be a resident of
12    the congressional district and of the sex  opposite  that  of
13    the  committeeman  or  committeewoman  elected at the general
14    primary election.  Each congressional  committee  shall  make
15    this  appointment  by  voting  on  the  basis  set  forth  in
16    paragraph (e) of this Section.
17        Under  both  of  the  foregoing  alternatives,  the State
18    central committee of each political party shall  be  composed
19    of   members   elected   or   appointed   from   the  several
20    congressional districts of the State, and of no other  person
21    or  persons  whomsoever.   The  members  of the State central
22    committee  shall,  within  30  days  after  each  quadrennial
23    election  of  the  full  committee,  meet  in  the  city   of
24    Springfield  and  organize  by  electing from among their own
25    number a chairman, and may at such time elect  such  officers
26    from  among their own number (or otherwise), as they may deem
27    necessary or expedient. The outgoing chairman  of  the  State
28    central  committee  of  the  party  shall, 10 days before the
29    meeting, notify each member of the  State  central  committee
30    elected at the primary of the time and place of such meeting.
31    In  the  organization  and  proceedings  of the State central
32    committee, each State central committeeman and State  central
33    committeewoman  shall  have one vote for each ballot voted in
34    his or her congressional district by the primary electors  of
 
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 1    his   or  her  party  at  the  primary  election  immediately
 2    preceding  the  meeting  of  the  State  central   committee.
 3    Whenever  a  vacancy occurs in the State central committee of
 4    any  political  party,  the  vacancy  shall  be   filled   by
 5    appointment  of the chairmen of the county central committees
 6    of the political party of the  counties  located  within  the
 7    congressional  district  in  which the vacancy occurs and, if
 8    applicable,  the  ward  and  township  committeemen  of   the
 9    political  party in counties of 2,000,000 or more inhabitants
10    located  within   the   congressional   district.    If   the
11    congressional  district  in  which  the  vacancy  occurs lies
12    wholly within a county of 2,000,000 or more inhabitants,  the
13    ward and township committeemen of the political party in that
14    congressional  district  shall  vote to fill the vacancy.  In
15    voting to fill the vacancy, each chairman of a county central
16    committee and each ward and township committeeman in counties
17    of 2,000,000 or more inhabitants shall have one vote for each
18    ballot voted in each precinct of the  congressional  district
19    in  which  the vacancy exists of his or her county, township,
20    or ward cast by the primary electors of his or her  party  at
21    the  primary  election  immediately  preceding the meeting to
22    fill the vacancy in the State central committee.  The  person
23    appointed  to  fill  the  vacancy  shall be a resident of the
24    congressional district in which the vacancy occurs, shall  be
25    a  qualified  voter, and, in a committee composed as provided
26    in Alternative B, shall be of the same  sex  as  his  or  her
27    predecessor. A political party may, by a majority vote of the
28    delegates of any State convention of such party, determine to
29    return  to  the  election  of  State central committeeman and
30    State central committeewoman by the vote of primary electors.
31    Any action taken by a political party at a  State  convention
32    in  accordance  with  this  Section  shall be reported to the
33    State Board of Elections by the  chairman  and  secretary  of
34    such convention within 10 days after such action.
 
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 1              Ward, Township and Precinct Committeemen
 2        (b)  At  the  general  primary election held on the third
 3    Tuesday in March, 1972, and every 4  years  thereafter,  each
 4    primary  elector  in cities having a population of 200,000 or
 5    over may vote for one candidate of his party in his ward  for
 6    ward  committeeman. Each candidate for ward committeeman must
 7    be a resident of and in the ward where he seeks to be elected
 8    ward committeeman. The one having the highest number of votes
 9    shall be such ward committeeman of such party for such  ward.
10    At  the general primary election held on the third Tuesday in
11    March, 1970, and  every  4  years  thereafter,  each  primary
12    elector  in  counties containing a population of 2,000,000 or
13    more, outside of cities containing a population of 200,000 or
14    more, may vote for one candidate of his  party  for  township
15    committeeman.  Each  candidate for township committeeman must
16    be a resident of and in the township or part  of  a  township
17    (which  lies outside of a city having a population of 200,000
18    or more, in counties containing a population of 2,000,000  or
19    more),  and  in which township or part of a township he seeks
20    to be elected  township  committeeman.  The  one  having  the
21    highest  number  of votes shall be such township committeeman
22    of such party for such township or part of a township. At the
23    general primary election held on the third Tuesday in  March,
24    1970  and  every  2  years  thereafter, each primary elector,
25    except in counties having a population of 2,000,000 or  over,
26    may  vote  for one candidate of his party in his precinct for
27    precinct   committeeman.   Each   candidate   for    precinct
28    committeeman  must  be  a  bona fide resident of the precinct
29    where he seeks to be elected precinct committeeman.  The  one
30    having  the  highest  number  of votes shall be such precinct
31    committeeman of such party for such  precinct.  The  official
32    returns   of   the   primary  shall  show  the  name  of  the
33    committeeman of each political party.
34        Terms of Committeemen. All precinct committeemen  elected
 
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 1    under  the  provisions of this Article shall continue as such
 2    committeemen until the date of the primary to be held in  the
 3    second   year  after  their  election.  Except  as  otherwise
 4    provided  in  this  Section   for   certain   State   central
 5    committeemen  who  have  2  year  terms,  all  State  central
 6    committeemen,  township  committeemen  and  ward committeemen
 7    shall continue as such committeemen until the date of primary
 8    to be held in the fourth year after their election.  However,
 9    a  vacancy exists in the office of precinct committeeman when
10    a precinct committeeman ceases to reside in the  precinct  in
11    which  he  was  elected  and such precinct committeeman shall
12    thereafter neither have nor exercise any  rights,  powers  or
13    duties  as committeeman in that precinct, even if a successor
14    has not been elected or appointed.
15        (c)  The Multi-Township Central Committee  shall  consist
16    of   the   precinct   committeemen  of  such  party,  in  the
17    multi-township assessing district formed pursuant to  Section
18    2-10  of the Property Tax Code and shall be organized for the
19    purposes set forth in Section 45-25 of the Township Code.  In
20    the   organization  and  proceedings  of  the  Multi-Township
21    Central Committee each precinct committeeman shall  have  one
22    vote  for  each  ballot  voted in his precinct by the primary
23    electors of his party at the primary at which he was elected.
24                      County Central Committee
25        (d)  The county central committee of each political party
26    in  each  county  shall  consist  of  the  various   township
27    committeemen, precinct committeemen and ward committeemen, if
28    any,  of  such  party  in the county. In the organization and
29    proceedings of the county central  committee,  each  precinct
30    committeeman shall have one vote for each ballot voted in his
31    precinct  by the primary electors of his party at the primary
32    at which he was elected;  each  township  committeeman  shall
33    have  one  vote for each ballot voted in his township or part
34    of a township as the case may be by the primary  electors  of
 
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 1    his  party  at  the  primary  election  for the nomination of
 2    candidates for election to the General  Assembly  immediately
 3    preceding the meeting of the county central committee; and in
 4    the  organization  and  proceedings  of  the  county  central
 5    committee,  each  ward  committeeman  shall have one vote for
 6    each ballot voted in his ward by the primary electors of  his
 7    party   at   the  primary  election  for  the  nomination  of
 8    candidates for election to the General  Assembly  immediately
 9    preceding the meeting of the county central committee.
10                       Congressional Committee
11        (e)  The  congressional  committee  of each party in each
12    congressional district shall be composed of the  chairmen  of
13    the  county  central committees of the counties composing the
14    congressional  district,   except   that   in   congressional
15    districts wholly within the territorial limits of one county,
16    or partly within 2 or more counties, but not coterminous with
17    the  county  lines  of  all  of  such  counties, the precinct
18    committeemen, township committeemen and ward committeemen, if
19    any, of the  party  representing  the  precincts  within  the
20    limits  of  the  congressional  district,  shall  compose the
21    congressional committee. A State central committeeman in each
22    district shall be a  member  and  the  chairman  or,  when  a
23    district  has  2 State central committeemen, a co-chairman of
24    the congressional committee, but shall not have the right  to
25    vote except in case of a tie.
26        In  the  organization  and  proceedings  of congressional
27    committees composed  of  precinct  committeemen  or  township
28    committeemen   or   ward  committeemen,  or  any  combination
29    thereof, each precinct committeeman shall have one  vote  for
30    each  ballot voted in his precinct by the primary electors of
31    his party at the  primary  at  which  he  was  elected,  each
32    township  committeeman  shall  have  one vote for each ballot
33    voted in his township or part of a township as the  case  may
34    be  by  the  primary  electors  of  his  party at the primary
 
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 1    election   immediately   preceding   the   meeting   of   the
 2    congressional committee, and  each  ward  committeeman  shall
 3    have  one  vote for each ballot voted in each precinct of his
 4    ward located in such congressional district  by  the  primary
 5    electors  of  his  party  at the primary election immediately
 6    preceding the meeting of the congressional committee; and  in
 7    the  organization and proceedings of congressional committees
 8    composed of the chairmen of the county central committees  of
 9    the  counties  within  such  district,  each chairman of such
10    county central committee shall have one vote for each  ballot
11    voted  in  his county by the primary electors of his party at
12    the primary election immediately preceding the meeting of the
13    congressional committee.
14                     Judicial District Committee
15        (f)  The judicial district committee  of  each  political
16    party  in  each  judicial  district  shall be composed of the
17    chairman of the county central  committees  of  the  counties
18    composing the judicial district.
19        In  the organization and proceedings of judicial district
20    committees composed of the chairmen  of  the  county  central
21    committees   of  the  counties  within  such  district,  each
22    chairman of such county central committee shall have one vote
23    for each ballot voted in his county by the  primary  electors
24    of  his  party  at the primary election immediately preceding
25    the meeting of the judicial district committee.
26                       Circuit Court Committee
27        (g)  The circuit court committee of each political  party
28    in  each  judicial  circuit  outside  Cook  County  shall  be
29    composed  of the chairmen of the county central committees of
30    the counties composing the judicial circuit.
31        In the organization  and  proceedings  of  circuit  court
32    committees, each chairman of a county central committee shall
33    have  one  vote  for  each  ballot voted in his county by the
34    primary  electors  of  his  party  at  the  primary  election
 
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 1    immediately  preceding  the  meeting  of  the  circuit  court
 2    committee.
 3                    Judicial Subcircuit Committee
 4        (g-1)  The  judicial   subcircuit   committee   of   each
 5    political  party  in  each judicial subcircuit in Cook County
 6    shall be composed of the ward and  township  committeemen  of
 7    the townships and wards composing the judicial subcircuit.
 8        In  the  organization  and  proceedings  of each judicial
 9    subcircuit committee, each township committeeman  shall  have
10    one  vote  for each ballot voted in his township or part of a
11    township, as the case may be, in the judicial  subcircuit  by
12    the  primary  electors  of  his party at the primary election
13    immediately preceding the meeting of the judicial  subcircuit
14    committee; and each ward committeeman shall have one vote for
15    each  ballot voted in his ward or part of a ward, as the case
16    may be, in the judicial subcircuit by the primary electors of
17    his party at the primary election immediately  preceding  the
18    meeting of the judicial subcircuit committee.
19                     Municipal Central Committee
20        (h)  The  municipal  central  committee of each political
21    party shall be composed of the  precinct,  township  or  ward
22    committeemen,  as the case may be, of such party representing
23    the precincts or wards, embraced in such  city,  incorporated
24    town  or  village.  The  voting  strength  of  each precinct,
25    township  or  ward  committeeman  on  the  municipal  central
26    committee shall be the same as his  voting  strength  on  the
27    county central committee.
28        For  political  parties, other than a statewide political
29    party, established only within a  municipality  or  township,
30    the   municipal  or  township  managing  committee  shall  be
31    composed of the  party  officers  of  the  local  established
32    party.  The party officers of a local established party shall
33    be  as  follows: the chairman and secretary of the caucus for
34    those municipalities and townships authorized by  statute  to
 
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 1    nominate  candidates  by caucus shall serve as party officers
 2    for the purpose of  filling  vacancies  in  nomination  under
 3    Section  7-61; for municipalities and townships authorized by
 4    statute or ordinance to nominate candidates by  petition  and
 5    primary  election,  the  party  officers shall be the party's
 6    candidates who are nominated at the  primary.   If  no  party
 7    primary  was  held  because of the provisions of Section 7-5,
 8    vacancies in  nomination  shall  be  filled  by  the  party's
 9    remaining candidates who shall serve as the party's officers.
10                               Powers
11        (i)  Each  committee  and  its  officers  shall  have the
12    powers usually  exercised  by  such  committees  and  by  the
13    officers  thereof,  not  inconsistent  with the provisions of
14    this Article. The  several  committees  herein  provided  for
15    shall  not  have  power  to  delegate any of their powers, or
16    functions to any other person, officer or committee, but this
17    shall not be construed to prevent a committee from appointing
18    from its own membership proper and necessary subcommittees.
19        (j)  The State central committee  of  a  political  party
20    which  elects it members by Alternative B under paragraph (a)
21    of this Section shall adopt a plan  to  give  effect  to  the
22    delegate  selection rules of the national political party and
23    file a copy of such plan with the State  Board  of  Elections
24    when approved by a national political party.
25        (k)  For  the  purpose of the designation of a proxy by a
26    Congressional Committee to vote in place of an  absent  State
27    central  committeeman  or  committeewoman  at meetings of the
28    State central committee of a political party which elects its
29    members by Alternative B under paragraph (a) of this Section,
30    the proxy shall be appointed by the  vote  of  the  ward  and
31    township  committeemen,  if  any,  of the wards and townships
32    which lie entirely  or  partially  within  the  Congressional
33    District  from which the absent State central committeeman or
34    committeewoman was elected and the vote of  the  chairmen  of
 
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 1    the  county  central  committees  of those counties which lie
 2    entirely or partially within that Congressional District  and
 3    in  which  there  are  no ward or township committeemen. When
 4    voting for such proxy the county chairman, ward  committeeman
 5    or  township  committeeman, as the case may be shall have one
 6    vote for each ballot voted in his county, ward  or  township,
 7    or  portion thereof within the Congressional District, by the
 8    primary electors of his party at the primary at which he  was
 9    elected.  However,  the  absent State central committeeman or
10    committeewoman may designate a proxy when  permitted  by  the
11    rules  of  a  political  party  which  elects  its members by
12    Alternative B under paragraph (a) of this Section.
13    (Source: P.A. 90-627, eff. 7-10-98.)

14        (10 ILCS 5/8-4) (from Ch. 46, par. 8-4)
15        Sec. 8-4. A primary shall be held on the  third  Saturday
16    Tuesday   in   March  of  each  even-numbered  year  for  the
17    nomination of candidates for legislative offices.
18    (Source: P.A. 82-750.)

19        Section 10.  The Revised Cities and Villages Act of  1941
20    is amended by changing Section 21-25 as follows:

21        (65 ILCS 20/21-25) (from Ch. 24, par. 21-25)
22        Sec. 21-25.  Times for elections.)  General elections for
23    aldermen  shall be held in the year or years fixed by law for
24    holding the same, on  the  third  Saturday  last  Tuesday  of
25    February   of  such  year.  Any  supplementary  election  for
26    aldermen held under the provisions of this Article  shall  be
27    held  on  the  first Saturday Tuesday of April next following
28    the holding of such general aldermanic election.
29    (Source: P.A. 80-1469.)

30        Section 15.  The  School  Code  is  amended  by  changing
 
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 1    Sections 33-1 and 33-1b as follows:

 2        (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
 3        Sec.  33-1.   Board of Education - Election - Terms.   In
 4    all school districts,  including  special  charter  districts
 5    having  a  population  of  100,000 and not more than 500,000,
 6    which adopt this  Article,  as  hereinafter  provided,  there
 7    shall  be  maintained a system of free schools in charge of a
 8    board of  education,  which  shall  be  a  body  politic  and
 9    corporate  by  the  name  of  "Board of Education of the City
10    of....".  The board shall consist of 7 members elected by the
11    voters of the district. Except as provided in  Section  33-1b
12    of  this  Act,  the regular election for members of the board
13    shall be held on the first Saturday Tuesday of April  in  odd
14    numbered  years and on the third Saturday Tuesday of March in
15    even numbered years. The law governing  the  registration  of
16    voters  for  the  primary election shall apply to the regular
17    election.  At the first regular election 7 persons  shall  be
18    elected  as members of the board. The person who receives the
19    greatest number of votes shall be elected for  a  term  of  5
20    years.   The  2  persons  who  receive  the  second and third
21    greatest number of votes shall be elected for  a  term  of  4
22    years.  The person who receives the fourth greatest number of
23    votes  shall be elected for a term of 3 years.  The 2 persons
24    who receive the fifth and  sixth  greatest  number  of  votes
25    shall  be  elected  for  a  term  of 2 years.  The person who
26    receives the  seventh  greatest  number  of  votes  shall  be
27    elected  for  a  term  of 1 year. Thereafter, at each regular
28    election for members of the  board,  the  successors  of  the
29    members  whose  terms expire in the year of election shall be
30    elected for a term of 5 years.  All terms shall  commence  on
31    July  1 next succeeding the elections.  Any vacancy occurring
32    in the membership of the board shall be filled by appointment
33    until the next regular election for members of the board.
 
                            -14-               LRB9103152MWgc
 1        In any school district which has adopted this Article,  a
 2    proposition for the election of board members by school board
 3    district  rather than at large may be submitted to the voters
 4    of the district at the regular school election of any year in
 5    the manner provided in Section 9-22.  If the  proposition  is
 6    approved  by  a majority of those voting on the propositions,
 7    the board shall divide the  school  district  into  7  school
 8    board  districts as provided in Section 9-22.  At the regular
 9    school election in the year following the  adoption  of  such
10    proposition,  one  member  shall  be elected from each school
11    board district, and the 7 members so elected shall,  by  lot,
12    determine one to serve for one year, 2 for 2 years, one for 3
13    years,  2  for 4 years, and one for 5 years. Thereafter their
14    respective successors shall be elected for terms of 5  years.
15    The  terms of all incumbent members expire July 1 of the year
16    following the adoption of such a proposition.
17        Any school district which has adopted this  Article  may,
18    by  referendum  in  accordance  with Section 33-1a, adopt the
19    method of electing members of the board of education provided
20    in that Section.
21        Reapportionment of the voting districts provided  for  in
22    this  Article  or created pursuant to a court order, shall be
23    completed pursuant to Section 33-1c.
24    (Source: P.A. 82-1014; 86-1331.)

25        (105 ILCS 5/33-1b) (from Ch. 122, par. 33-1b)
26        Sec. 33-1b.  Whenever the date designated in Section 33-1
27    for the election of members of boards of education  conflicts
28    with  the  celebration  of  Passover,  that election shall be
29    postponed to the first Saturday Tuesday  following  the  last
30    day of Passover.
31    (Source: P.A. 82-1014.)

32        Section  20.  The  Illinois  Highway  Code  is amended by
 
                            -15-               LRB9103152MWgc
 1    changing Sections 6-123 and 6-125 as follows:

 2        (605 ILCS 5/6-123) (from Ch. 121, par. 6-123)
 3        Sec. 6-123. When the electors in any townships have voted
 4    for the consolidation of such townships into  a  consolidated
 5    township road district for road purposes, the supervisors and
 6    township  clerks  in the respective townships so consolidated
 7    shall, ex-officio, constitute a highway board of auditors for
 8    such township road district. Such highway board  of  auditors
 9    shall  organize  and  select one of their number as chairman,
10    another as clerk and another as treasurer of the consolidated
11    township road district.  The  officers  of  each  such  newly
12    organized  consolidated  township  road  district  so elected
13    shall hold office until the first Tuesday in April,  1959  or
14    until  the  first  Saturday Tuesday of each succeeding fourth
15    year thereafter, and their successors shall hold office for a
16    term of 4 years and until  their  respective  successors  are
17    selected  and  qualified;  except  that  no person shall be a
18    member of such highway board of auditors or such  an  officer
19    of   such  consolidated  township  road  district  after  the
20    expiration of his  term  as  supervisor  or  township  clerk.
21    Vacancies in such consolidated township road district offices
22    shall  be  filled  by  the  highway  board  of auditors. Such
23    highway board of auditors shall  have  the  same  powers  and
24    duties with respect to road matters as have the board of town
25    auditors in townships and such other powers and duties as may
26    be prescribed by law.
27    (Source: Laws 1959, p. 196.)

28        (605 ILCS 5/6-125) (from Ch. 121, par. 6-125)
29        Sec. 6-125.
30        In  any county under the commission form of government in
31    which a county unit road district is established, as  of  the
32    first  Saturday  Tuesday  in  April after the holding of such
 
                            -16-               LRB9103152MWgc
 1    election, the county superintendent of  highways  shall  take
 2    over  and  be  responsible,  subject  to the direction of the
 3    county board, for the construction, maintenance and repair of
 4    all roads in  such  county  for  which  the  several  highway
 5    commissioners   had   theretofore   been   responsible.  Such
 6    construction, maintenance  and  repair  shall  be  undertaken
 7    uniformly  throughout the county without granting any special
 8    consideration toward any part or  parts  thereof  except  for
 9    traffic and safety needs.
10        After  the  establishment of a county unit road district,
11    the roads for which the county thereby becomes so responsible
12    shall remain a part of the district road system as defined by
13    this Code and shall not be considered as part of  the  county
14    highway  system  as  defined  by this Code. However, any such
15    district road may thereafter be made a  part  of  the  county
16    highway system in the manner provided by this Code.
17        As  of  such  date,  the offices of highway commissioner,
18    clerk and treasurer in each road district in such county  are
19    abolished, except that such officers may complete the affairs
20    of  their respective offices as herein provided and as needed
21    for the transition. Upon release by the county superintendent
22    such road districts shall have no further  powers  or  duties
23    relating   to   the  construction,  repair,  maintenance  and
24    supervision of roads.
25        As of such date, the several highway commissioners  shall
26    deliver to the county superintendent of highways all property
27    and  equipment  of  their  respective  districts,  taking his
28    receipt therefor. Road district property used exclusively for
29    road maintenance and related purposes shall also be delivered
30    to the county superintendent, taking  his  receipt  therefor.
31    The  several district clerks shall deliver the books, records
32    and papers pertaining to such office  to  the  county  clerk,
33    taking  his receipt therefor. The several district treasurers
34    shall transfer and deliver to the county treasurer all  funds
 
                            -17-               LRB9103152MWgc
 1    of  their  respective  districts  which they hold, taking his
 2    receipt therefor.  Any  accounts  or  tax  moneys  thereafter
 3    payable  to  any  road  district in such county shall be paid
 4    into a special county unit road district fund which shall  be
 5    maintained  separate  and apart from the general county fund.
 6    The county treasurer shall be custodian of  the  county  unit
 7    road  district  fund and any performance bond executed by the
 8    county treasurer shall be applicable to  the  moneys  in  the
 9    special  fund.  Receipts  for  these transfers shall be filed
10    with the county clerk.
11        The  county  unit  road  district  so  established  shall
12    succeed to and assume all obligations and contracts  of  each
13    of  such  road  districts  in  such county, other than bonded
14    indebtedness. With respect to  the  bonded  indebtedness  for
15    road  purposes  of any former district in a county in which a
16    county unit road district is so established, the county clerk
17    annually shall  extend  taxes  against  all  of  the  taxable
18    property  in  the former road district so long as any of such
19    bonds  are  outstanding,  sufficient  to  pay  the   maturing
20    principal and interest of such bonds as they become due, such
21    tax  to  be  in addition to all other taxes for road purposes
22    and without limitation as to rate or amount. The proceeds  of
23    such  tax,  when  collected, shall be used for the payment of
24    the principal and interest on such bonds.
25        All county unit road districts established under this Act
26    shall be independent  county  agencies  administered  by  the
27    respective  county  superintendents  of  highways,  under the
28    general supervision of the county board. The county unit road
29    districts shall maintain separate books showing receipts  and
30    expenditures,  and  shall  issue  such  financial  and  other
31    reports as the county board may from time to time require.
32    (Source: P.A. 78-543.)

33        Section  99.   Effective  date.  This Act takes effect on
 
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 1    January 1, 2000.

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