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Public Act 101-0523 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing | ||||
Sections 2A-41 and 7-12 as follows:
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(10 ILCS 5/2A-41) (from Ch. 46, par. 2A-41)
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Sec. 2A-41. Sanitary District - Trustee - Time of Election. | ||||
A
trustee of a Sanitary District which elects its trustees, | ||||
other than the
Metropolitan Sanitary District of Greater | ||||
Chicago or the Fox Metro Water Reclamation District , shall be | ||||
elected at
the general election in each even-numbered year | ||||
which immediately
precedes the expiration of the term of any | ||||
incumbent trustee, to succeed
each incumbent trustee whose term | ||||
ends before the following general
election.
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(Source: P.A. 80-936.)
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(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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Sec. 7-12. All petitions for nomination shall be filed by | ||||
mail or
in person as follows: | ||||
(1) Where the nomination is to be made for a State, | ||||
congressional, or
judicial office, or for any office a | ||||
nomination for which is made for a
territorial division or | ||||
district which comprises more than one county or
is partly |
in one county and partly in another county or counties | ||
(including the Fox Metro Water Reclamation District) , | ||
then,
except as otherwise provided in this Section, such | ||
petition for nomination
shall be filed in the principal | ||
office of the State Board of Elections not
more than 113 | ||
and not less than 106 days prior to the date of the | ||
primary,
but, in the case of petitions for nomination to | ||
fill a vacancy by special
election in the office of | ||
representative in Congress from this State, such
petition | ||
for nomination shall be filed in the principal office of | ||
the State
Board of Elections not more than 85 days and not | ||
less than 82 days prior to
the date of the primary.
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Where a vacancy occurs in the office of Supreme, | ||
Appellate or Circuit
Court Judge within the 3-week period | ||
preceding the 106th day before a
general primary election, | ||
petitions for nomination for the office in which
the | ||
vacancy has occurred shall be filed in the principal office | ||
of the
State Board of Elections not more than 92 nor less | ||
than 85 days prior to
the date of the general primary | ||
election.
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Where the nomination is to be made for delegates or | ||
alternate
delegates to a national nominating convention, | ||
then such petition for
nomination shall be filed in the | ||
principal office of the State Board of
Elections not more | ||
than 113 and not less than 106 days prior to the date of
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the primary; provided, however, that if the rules or |
policies of a national
political party conflict with such | ||
requirements for filing petitions for
nomination for | ||
delegates or alternate delegates to a national nominating
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convention, the chair of the State central committee of | ||
such national
political party shall notify the Board in | ||
writing, citing by reference the
rules or policies of the | ||
national political party in conflict, and in such
case the | ||
Board shall direct such petitions to be filed in accordance | ||
with the delegate selection plan adopted by the state | ||
central committee of such national political party.
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(2) Where the nomination is to be made for a county | ||
office or trustee
of a sanitary district then such petition | ||
shall be filed in the office
of the county clerk not more | ||
than 113 nor less than 106 days prior to the
date of the | ||
primary.
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(3) Where the nomination is to be made for a municipal | ||
or township
office, such petitions for nomination shall be | ||
filed in the office of
the local election official, not | ||
more than 99 nor less than 92 days
prior to the date of the | ||
primary; provided, where a municipality's or
township's | ||
boundaries are coextensive with or are entirely within the
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jurisdiction of a municipal board of election | ||
commissioners, the petitions
shall be filed in the office | ||
of such board; and provided, that petitions
for the office | ||
of multi-township assessor shall be filed with the election
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authority.
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(4) The petitions of candidates for State central | ||
committeeperson shall
be filed in the principal office of | ||
the State Board of Elections not
more than 113 nor less | ||
than 106 days prior to the date of the primary.
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(5) Petitions of candidates for precinct, township or | ||
ward committeepersons
shall be filed in the office of the | ||
county clerk not more
than 113 nor less than 106 days prior | ||
to the date of the primary.
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(6) The State Board of Elections and the various | ||
election authorities
and local election officials with | ||
whom such petitions for nominations
are filed shall specify | ||
the place where filings shall be made and upon
receipt | ||
shall endorse thereon the day and hour on which each | ||
petition
was filed. All petitions filed by persons waiting | ||
in line as of 8:00
a.m. on the first day for filing, or as | ||
of the normal opening hour of
the office involved on such | ||
day, shall be deemed filed as of 8:00 a.m.
or the normal | ||
opening hour, as the case may be. Petitions filed by mail
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and received after midnight of the first day for filing and | ||
in the first
mail delivery or pickup of that day shall be | ||
deemed as filed as of 8:00
a.m. of that day or as of the | ||
normal opening hour of such day, as the
case may be. All | ||
petitions received thereafter shall be deemed as filed
in | ||
the order of actual receipt. However, 2 or more petitions | ||
filed within the last hour of the filing deadline shall be | ||
deemed filed simultaneously. Where 2 or more petitions are |
received
simultaneously, the State Board of Elections or | ||
the various election
authorities or local election | ||
officials with whom such petitions are
filed shall break | ||
ties and determine the order of filing, by means of a
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lottery or other fair and impartial method of random | ||
selection approved
by the State Board of Elections. Such | ||
lottery shall be conducted within
9 days following the last | ||
day for petition filing and shall be open to the
public. | ||
Seven days written notice of the time and place of | ||
conducting such
random selection shall be given by the | ||
State Board of Elections to the chair
of the State central | ||
committee of each established political
party, and by each | ||
election authority or local election official, to the
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County Chair of each established political party, and to | ||
each
organization of citizens within the election | ||
jurisdiction which was
entitled, under this Article, at the | ||
next preceding election, to have
pollwatchers present on | ||
the day of election. The State Board of Elections,
election | ||
authority or local election official shall post in a | ||
conspicuous,
open and public place, at the entrance of the | ||
office, notice of the time
and place of such lottery. The | ||
State Board of Elections shall adopt rules
and regulations | ||
governing the procedures for the conduct of such lottery.
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All candidates shall be certified in the order in which | ||
their petitions
have been filed. Where candidates have | ||
filed simultaneously, they shall be
certified in the order |
determined by lot and prior to candidates who filed
for the | ||
same office at a later time.
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(7) The State Board of Elections or the appropriate | ||
election
authority or local election official with whom | ||
such a petition for
nomination is filed shall notify the | ||
person for whom a petition for
nomination has been filed of | ||
the obligation to file statements of
organization, reports | ||
of campaign contributions, and annual reports of
campaign | ||
contributions and expenditures under Article 9 of this Act.
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Such notice shall be given in the manner prescribed by | ||
paragraph (7) of
Section 9-16 of this Code.
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(8) Nomination papers filed under this Section are not | ||
valid if the
candidate named therein fails to file a | ||
statement of economic interests
as required by the Illinois | ||
Governmental Ethics Act in relation to his
candidacy with | ||
the appropriate officer by the end of the period for the
| ||
filing of nomination papers unless he has filed a statement | ||
of economic
interests in relation to the same governmental | ||
unit with that officer
within a year preceding the date on | ||
which such nomination papers were
filed. If the nomination | ||
papers of any candidate and the statement of
economic | ||
interest of that candidate are not required to be filed | ||
with
the same officer, the candidate must file with the | ||
officer with whom the
nomination papers are filed a receipt | ||
from the officer with whom the
statement of economic | ||
interests is filed showing the date on which such
statement |
was filed. Such receipt shall be so filed not later than | ||
the
last day on which nomination papers may be filed.
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(9) Any person for whom a petition for nomination, or | ||
for committeeperson or
for delegate or alternate delegate | ||
to a national nominating convention has
been filed may | ||
cause his name to be withdrawn by request in writing, | ||
signed
by him and duly acknowledged before an officer | ||
qualified to take
acknowledgments of deeds, and filed in | ||
the principal or permanent branch
office of the State Board | ||
of Elections or with the appropriate election
authority or | ||
local election official, not later than the date of
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certification of candidates for the consolidated primary | ||
or general primary
ballot. No names so withdrawn shall be | ||
certified or printed on the
primary ballot. If petitions | ||
for nomination have been filed for the
same person with | ||
respect to more than one political party, his name
shall | ||
not be certified nor printed on the primary ballot of any | ||
party.
If petitions for nomination have been filed for the | ||
same person for 2 or
more offices which are incompatible so | ||
that the same person could not
serve in more than one of | ||
such offices if elected, that person must
withdraw as a | ||
candidate for all but one of such offices within the
5 | ||
business days following the last day for petition filing. A | ||
candidate in a judicial election may file petitions for | ||
nomination for only one vacancy in a subcircuit and only | ||
one vacancy in a circuit in any one filing period, and if |
petitions for nomination have been filed for the same | ||
person for 2 or more vacancies in the same circuit or | ||
subcircuit in the same filing period, his or her name shall | ||
be certified only for the first vacancy for which the | ||
petitions for nomination were filed. If he fails to
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withdraw as a candidate for all but one of such offices | ||
within such time
his name shall not be certified, nor | ||
printed on the primary ballot, for any
office. For the | ||
purpose of the foregoing provisions, an office in a
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political party is not incompatible with any other office.
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(10)(a) Notwithstanding the provisions of any other | ||
statute, no primary
shall be held for an established | ||
political party in any township,
municipality, or ward | ||
thereof, where the nomination of such
party for every | ||
office to be voted upon by the electors of such
township, | ||
municipality, or ward thereof, is uncontested. Whenever a
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political party's nomination of candidates is uncontested | ||
as to one or
more, but not all, of the offices to be voted | ||
upon by the electors of a
township, municipality, or ward | ||
thereof, then a primary shall
be held for that party in | ||
such township, municipality, or ward thereof;
provided | ||
that the primary ballot shall not include those offices
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within such township, municipality, or ward thereof, for | ||
which the
nomination is uncontested. For purposes of this | ||
Article, the nomination
of an established political party | ||
of a candidate for election to an office
shall be deemed to |
be uncontested where not more than the number of persons
to | ||
be nominated have timely filed valid nomination papers | ||
seeking the
nomination of such party for election to such | ||
office.
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(b) Notwithstanding the provisions of any other | ||
statute, no primary
election shall be held for an | ||
established political party for any special
primary | ||
election called for the purpose of filling a vacancy in the | ||
office
of representative in the United States Congress | ||
where the nomination of
such political party for said | ||
office is uncontested. For the purposes of
this Article, | ||
the nomination of an established political party of a
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candidate for election to said office shall be deemed to be | ||
uncontested
where not more than the number of persons to be | ||
nominated have timely filed
valid nomination papers | ||
seeking the nomination of such established party
for | ||
election to said office. This subsection (b) shall not | ||
apply if such
primary election is conducted on a regularly | ||
scheduled election day.
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(c) Notwithstanding the provisions in subparagraph (a) | ||
and (b) of this
paragraph (10), whenever a person who has | ||
not timely filed valid nomination
papers and who intends to | ||
become a write-in candidate for a political
party's | ||
nomination for any office for which the nomination is | ||
uncontested
files a written statement or notice of that | ||
intent with the State Board of
Elections or the local |
election official with whom nomination papers for
such | ||
office are filed, a primary ballot shall be prepared and a | ||
primary
shall be held for that office. Such statement or | ||
notice shall be filed on
or before the date established in | ||
this Article for certifying candidates
for the primary | ||
ballot. Such statement or notice shall contain (i) the
name | ||
and address of the person intending to become a write-in | ||
candidate,
(ii) a statement that the person is a qualified | ||
primary elector of the
political party from whom the | ||
nomination is sought, (iii) a statement that
the person | ||
intends to become a write-in candidate for the party's
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nomination, and (iv) the office the person is seeking as a | ||
write-in
candidate. An election authority shall have no | ||
duty to conduct a primary
and prepare a primary ballot for | ||
any office for which the nomination is
uncontested unless a | ||
statement or notice meeting the requirements of this
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Section is filed in a timely manner.
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(11) If multiple sets of nomination papers are filed | ||
for a candidate to
the same office, the State Board of | ||
Elections, appropriate election
authority or local | ||
election official where the petitions are filed shall
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within 2 business days notify the candidate of his or her | ||
multiple petition
filings and that the candidate has 3 | ||
business days after receipt of the
notice to notify the | ||
State Board of Elections, appropriate election
authority | ||
or local election official that he or she may cancel prior |
sets
of petitions. If the candidate notifies the State | ||
Board of Elections,
appropriate election authority or | ||
local election official, the last set of
petitions filed | ||
shall be the only petitions to be considered valid by the
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State Board of Elections, election authority or local | ||
election official. If
the candidate fails to notify the | ||
State Board of Elections, election authority
or local
| ||
election official then only the first set of petitions | ||
filed shall be valid
and all subsequent petitions shall be | ||
void.
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(12) All nominating petitions shall be available for | ||
public inspection
and shall be preserved for a period of | ||
not less than 6 months.
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(Source: P.A. 99-221, eff. 7-31-15; 100-1027, eff. 1-1-19 .)
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Section 10. The Sanitary District Act of 1917 is amended by | ||
changing Section 3 as follows:
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(70 ILCS 2405/3) (from Ch. 42, par. 301)
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Sec. 3. Board of trustees; creation; term. A board of | ||
trustees shall be created, consisting of 5 members
in any | ||
sanitary district which includes one or more municipalities | ||
with
a population of over 90,000 but less than 500,000 | ||
according to the most
recent Federal census, and consisting of | ||
3 members in any other district.
However, the board of trustees | ||
for the Fox River Water Reclamation District, the Sanitary |
District of Decatur, and the Northern Moraine Wastewater | ||
Reclamation District
shall each consist of 5 members. Each | ||
board of trustees shall be created for the
government, control | ||
and management of the affairs and business of each
sanitary | ||
district organized under this Act shall be created in the
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following manner:
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(1) If the district's corporate boundaries are located | ||
wholly within a single county, the
presiding officer of the | ||
county board, with the advice and consent of
the county | ||
board, shall appoint the trustees for the district;
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(2) If the district's corporate boundaries are located | ||
in more than one county, the members
of the General | ||
Assembly whose legislative districts encompass any
portion | ||
of the district shall appoint the trustees for the | ||
district.
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In any sanitary district which shall have a 3 member board | ||
of trustees,
within 60 days after the adoption of such act, the | ||
appropriate
appointing authority shall appoint three trustees | ||
not more than 2 of
whom shall be from one incorporated city, | ||
town or village in districts
in which are included 2 or more | ||
incorporated cities, towns or villages,
or parts of 2 or more | ||
incorporated cities, towns or villages, who shall
hold their | ||
office respectively for 1, 2 and 3 years, from the first
Monday | ||
of May next after their appointment and until their successors
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are appointed and have qualified, and thereafter on or before | ||
the second
Monday in April of each year the appropriate |
appointing authority shall
appoint one trustee whose term shall | ||
be for 3 years commencing the first
Monday in May of the year | ||
in which he is appointed. The
length of the term of the first | ||
trustees shall be determined by lot at
their first meeting.
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In the case of any sanitary district created after January | ||
1, 1978 in which
a 5 member board of trustees is required, the | ||
appropriate appointing authority
shall appoint 5 trustees, one | ||
of whom shall hold office for one year, two
of whom shall hold | ||
office for 2 years, and 2 of whom shall hold office for
3 years | ||
from the first Monday of May next after their respective | ||
appointments
and until their successors are appointed and have | ||
qualified. Thereafter,
on or before the second Monday in April | ||
of each year the appropriate
appointing authority shall appoint | ||
one trustee or 2 trustees, as shall be
necessary to maintain a | ||
5 member board of trustees, whose terms shall be for 3
years
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commencing the first Monday in May of the year in which they | ||
are respectively
appointed. The length of the terms of the | ||
first trustees shall be determined
by lot at their first | ||
meeting.
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In any sanitary district created prior to January 1, 1978 | ||
in which a
5 member board of trustees is required as of January | ||
1, 1978,
the two trustees already serving terms which do not | ||
expire on May 1, 1978
shall continue to hold office for the | ||
remainders of their respective terms,
and 3 trustees shall be | ||
appointed by the appropriate appointing authority
by April 10, | ||
1978 and shall hold office for terms beginning May 1, 1978.
Of |
the three new trustees, one shall hold office for 2 years and 2 | ||
shall
hold office for 3 years from May 1, 1978 and until their | ||
successors are
appointed and have qualified. Thereafter, on or | ||
before the second Monday
in April of each year the appropriate | ||
appointing authority shall appoint
one trustee or 2 trustees, | ||
as shall be necessary to maintain a 5 member
board of trustees, | ||
whose terms shall be for 3 years commencing the first
Monday in | ||
May of the year in which they are respectively appointed. The
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lengths of the terms of the trustees who are to hold office | ||
beginning May
1, 1978 shall be determined by lot at their first | ||
meeting after May 1, 1978.
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No more than 3 members of a 5 member board of trustees may | ||
be of the same
political party; except that in any sanitary | ||
district which otherwise
meets the requirements of this Section | ||
and which lies within 4 counties of the
State of Illinois or, | ||
prior to April 30, 2008, in the Fox River Water Reclamation | ||
District; the
appointments of the 5 members of the board of | ||
trustees
shall be made without regard to political party. | ||
Beginning with the appointments made on April 30, 2008, all | ||
appointments to the board of trustees of the Fox River Water | ||
Reclamation District shall be made so that no more than 3 of | ||
the 5 members are from the same political party.
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Beginning with the 2021 municipal election, the board of | ||
trustees of the Fox Metro Water Reclamation District shall be | ||
elected as provided in this paragraph. The election of trustees | ||
shall be in accordance with Section 2A-1.1 of the Election |
Code. Any board member serving on the effective date of this | ||
amendatory Act of the 101st General Assembly whose term does | ||
not expire in 2021 shall serve until his or her successor is | ||
elected and qualified. The board of trustees of the Fox Metro | ||
Water Reclamation District shall: on or before January 1, 2020, | ||
divide the Fox Metro Water Reclamation District into 5 trustee | ||
districts and assign the trustee districts to reflect the | ||
results of the most recent federal decennial census; and | ||
thereafter, in the year following each decennial census, | ||
redistrict the trustee districts to reflect the results of the | ||
most recent census. The board of trustees shall consist of 1 | ||
elected trustee in each trustee district. A petition for | ||
nomination for election of a trustee of the Fox Metro Water | ||
Reclamation District shall contain at least 100 signatures of | ||
registered voters residing within the Fox Metro Water | ||
Reclamation District. The trustees shall be elected for | ||
staggered terms at the election as provided by the Election | ||
Code. Two trustees shall be elected at the 2021 election, and 3 | ||
trustees shall be elected at the following consolidated | ||
election. Elected trustees shall take office on the first | ||
Tuesday after the first Monday in the month following the month | ||
of their election and shall hold their offices for 4 years and | ||
until their successors are elected and qualified. If a vacancy | ||
occurs before the 2021 election on the board of trustees of the | ||
Fox Metro Water Reclamation District: (i) the District Manager | ||
shall, no later than 7 days from the date of the vacancy, |
notify the State legislators representing any portion of the | ||
District, publish notification of the vacancy on the District's | ||
website, and send notification of the vacancy to local | ||
newspapers, radio stations, and television stations; (ii) each | ||
notification published or sent shall contain instructions on | ||
how to apply to the District Manager for the vacant trustee | ||
position; (iii) applications for the vacancy shall be accepted | ||
for at least 30 days after the date the notification of the | ||
vacancy was published and sent; (iv) applications for the | ||
vacancy shall include a letter of interest and resume; (v) once | ||
the application period has closed, the District Manager shall | ||
forward all applications received to the State legislators | ||
notified of the vacancy in item (i); (vi) the President of the | ||
board of trustees and the District Manager shall hold a public | ||
meeting with the State legislators notified of the vacancy to | ||
review all applications and, by unanimous vote of all State | ||
legislators representing any portion of the District, select a | ||
candidate to fill the trustee vacancy; and (vii) the board of | ||
trustees shall appoint the selected candidate at the next board | ||
of trustees meeting. If a vacancy exists after the 2021 | ||
election on the board of trustees of the Fox Metro Water | ||
Reclamation District, the vacancy shall be filled by | ||
appointment by the president of the board of trustees, with the | ||
advice and consent of the members of the board of trustees, | ||
until the next regular election at which trustees of the | ||
district are elected, and shall be made a matter of record in |
the office of the county clerk in the county where the district | ||
is located; for a vacancy filled by appointment, the portion of | ||
the unexpired term remaining after the next regular election at | ||
which trustees of the district are elected shall be filled by | ||
election, as provided for in this paragraph. | ||
Within 60 days after the release of Federal census | ||
statistics showing that
a sanitary district having a 3 member | ||
board of trustees contains one
or more municipalities with a | ||
population over 90,000 but less than 500,000,
or, for the | ||
Northern Moraine Wastewater Reclamation District, within 60 | ||
days after the effective date of this amendatory Act of the | ||
95th General Assembly, the appropriate appointing authority | ||
shall appoint 2 additional trustees
to the board of trustees, | ||
one to hold office for 2 years and one to hold
office for 3 | ||
years from the first Monday of May next after their appointment
| ||
and until their successors are appointed and have qualified. | ||
The lengths
of the terms of these two additional members shall | ||
be determined by lot
at the first meeting of the board of | ||
trustees held after the additional
members take office. The | ||
three trustees already holding office in the sanitary
district | ||
shall continue
to hold office for the remainders of their | ||
respective terms. Thereafter,
on or before the second Monday in | ||
April of each year the appropriate appointing
authority shall | ||
appoint one trustee or 2 trustees, as shall be necessary
to | ||
maintain a 5 member board of trustees, whose terms shall be for | ||
3 years
commencing the first Monday in May of the year in which |
they are respectively
appointed.
| ||
If any sanitary district having a 5 member board of | ||
trustees shall cease
to contain one or more municipalities with | ||
a population over 90,000 but
less than 500,000 according to the | ||
most recent Federal census, then, for
so long as that sanitary | ||
district does not contain one or more such
municipalities,
on | ||
or before the second Monday in April of each year the | ||
appropriate appointing
authority shall
appoint one trustee | ||
whose term shall be for 3 years commencing the first
Monday in | ||
May of the year in which he is appointed. In districts which
| ||
include 2 or more incorporated cities, towns, or villages, or | ||
parts of 2
or more incorporated cities, towns, or villages, all | ||
of the trustees shall
not be from one incorporated city, town | ||
or village.
| ||
If a vacancy occurs on any board of trustees, the | ||
appropriate appointing
authority shall within 60 days appoint a | ||
trustee who shall hold office for
the remainder of the vacated | ||
term.
| ||
The appointing authority shall require each of the trustees | ||
to enter
into bond, with security to be approved by the | ||
appointing authority, in
such sum as the appointing authority | ||
may determine.
| ||
A majority of the board of trustees shall constitute a | ||
quorum but a
smaller number may adjourn from day to day. No | ||
trustee or employee of
such district shall be directly or | ||
indirectly interested in any
contract, work or business of the |
district, or the sale of any article,
the expense, price or | ||
consideration of which is paid by such district;
nor in the | ||
purchase of any real estate or property belonging to the
| ||
district, or which shall be sold for taxes or assessments, or | ||
by virtue
of legal process at the suit of the district. | ||
Provided, that nothing
herein shall be construed as prohibiting | ||
the appointment or selection of
any person as trustee or | ||
employee whose only interest in the district is
as owner of | ||
real estate in the district or of contributing to the
payment | ||
of taxes levied by the district. The trustees shall have the
| ||
power to provide and adopt a corporate seal for the district.
| ||
Notwithstanding any other provision in this Section, in any | ||
sanitary
district created prior to the effective date of this | ||
amendatory Act of
1985, in which a five member board of | ||
trustees has been appointed and which
currently includes one or | ||
more municipalities with a population of over
90,000 but less | ||
than 500,000, the board of trustees shall consist of five
| ||
members. | ||
Except as otherwise provided for vacancies, in the event | ||
that the appropriate appointing authority fails to appoint a | ||
trustee under this Section, the appropriate appointing | ||
authority shall reconvene and appoint a successor on or before | ||
July 1 of that year.
| ||
(Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |