100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2830

 

Introduced 2/13/2018, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-41  from Ch. 46, par. 2A-41
10 ILCS 5/7-12  from Ch. 46, par. 7-12
70 ILCS 2405/3  from Ch. 42, par. 301

    Amends the Election Code. Requires that the trustees for the Fox Metro Water Reclamation District be elected at consolidated elections. Provides that where a nomination for election is to be made for a trustee of the Fox Metro Water Reclamation District, then the 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. Amends the Sanitary District Act of 1917. Provides that the board of trustees of the Fox Metro Water Reclamation District shall be elected (rather than appointed) beginning with the 2019 election. Sets forth requirements concerning the number of trustees to be elected and length of terms. Effective immediately.


LRB100 18881 AWJ 34125 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2830LRB100 18881 AWJ 34125 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 2A-41 and 7-12 as follows:
 
6    (10 ILCS 5/2A-41)  (from Ch. 46, par. 2A-41)
7    Sec. 2A-41. Sanitary District - Trustee - Time of Election.
8A trustee of a Sanitary District which elects its trustees,
9other than the Metropolitan Sanitary District of Greater
10Chicago or the Fox Metro Water Reclamation District, shall be
11elected at the general election in each even-numbered year
12which immediately precedes the expiration of the term of any
13incumbent trustee, to succeed each incumbent trustee whose term
14ends before the following general election.
15(Source: P.A. 80-936.)
 
16    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
17    Sec. 7-12. All petitions for nomination shall be filed by
18mail or in person as follows:
19        (1) Where the nomination is to be made for a State,
20    congressional, or judicial office, or for any office a
21    nomination for which is made for a territorial division or
22    district which comprises more than one county or is partly

 

 

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1    in one county and partly in another county or counties,
2    then, except as otherwise provided in this Section, such
3    petition for nomination shall be filed in the principal
4    office of the State Board of Elections not more than 113
5    and not less than 106 days prior to the date of the
6    primary, but, in the case of petitions for nomination to
7    fill a vacancy by special election in the office of
8    representative in Congress from this State, such petition
9    for nomination shall be filed in the principal office of
10    the State Board of Elections not more than 85 days and not
11    less than 82 days prior to the date of the primary.
12        Where a vacancy occurs in the office of Supreme,
13    Appellate or Circuit Court Judge within the 3-week period
14    preceding the 106th day before a general primary election,
15    petitions for nomination for the office in which the
16    vacancy has occurred shall be filed in the principal office
17    of the State Board of Elections not more than 92 nor less
18    than 85 days prior to the date of the general primary
19    election.
20        Where the nomination is to be made for delegates or
21    alternate delegates to a national nominating convention,
22    then such petition for nomination shall be filed in the
23    principal office of the State Board of Elections not more
24    than 113 and not less than 106 days prior to the date of
25    the primary; provided, however, that if the rules or
26    policies of a national political party conflict with such

 

 

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1    requirements for filing petitions for nomination for
2    delegates or alternate delegates to a national nominating
3    convention, the chairman of the State central committee of
4    such national political party shall notify the Board in
5    writing, citing by reference the rules or policies of the
6    national political party in conflict, and in such case the
7    Board shall direct such petitions to be filed in accordance
8    with the delegate selection plan adopted by the state
9    central committee of such national political party.
10        (2) Where the nomination is to be made for a county
11    office or trustee of a sanitary district or the Fox Metro
12    Water Reclamation District, then such petition shall be
13    filed in the office of the county clerk not more than 113
14    nor less than 106 days prior to the date of the primary.
15        (3) Where the nomination is to be made for a municipal
16    or township office, such petitions for nomination shall be
17    filed in the office of the local election official, not
18    more than 99 nor less than 92 days prior to the date of the
19    primary; provided, where a municipality's or township's
20    boundaries are coextensive with or are entirely within the
21    jurisdiction of a municipal board of election
22    commissioners, the petitions shall be filed in the office
23    of such board; and provided, that petitions for the office
24    of multi-township assessor shall be filed with the election
25    authority.
26        (4) The petitions of candidates for State central

 

 

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1    committeeman shall be filed in the principal office of the
2    State Board of Elections not more than 113 nor less than
3    106 days prior to the date of the primary.
4        (5) Petitions of candidates for precinct, township or
5    ward committeemen shall be filed in the office of the
6    county clerk not more than 113 nor less than 106 days prior
7    to the date of the primary.
8        (6) The State Board of Elections and the various
9    election authorities and local election officials with
10    whom such petitions for nominations are filed shall specify
11    the place where filings shall be made and upon receipt
12    shall endorse thereon the day and hour on which each
13    petition was filed. All petitions filed by persons waiting
14    in line as of 8:00 a.m. on the first day for filing, or as
15    of the normal opening hour of the office involved on such
16    day, shall be deemed filed as of 8:00 a.m. or the normal
17    opening hour, as the case may be. Petitions filed by mail
18    and received after midnight of the first day for filing and
19    in the first mail delivery or pickup of that day shall be
20    deemed as filed as of 8:00 a.m. of that day or as of the
21    normal opening hour of such day, as the case may be. All
22    petitions received thereafter shall be deemed as filed in
23    the order of actual receipt. However, 2 or more petitions
24    filed within the last hour of the filing deadline shall be
25    deemed filed simultaneously. Where 2 or more petitions are
26    received simultaneously, the State Board of Elections or

 

 

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1    the various election authorities or local election
2    officials with whom such petitions are filed shall break
3    ties and determine the order of filing, by means of a
4    lottery or other fair and impartial method of random
5    selection approved by the State Board of Elections. Such
6    lottery shall be conducted within 9 days following the last
7    day for petition filing and shall be open to the public.
8    Seven days written notice of the time and place of
9    conducting such random selection shall be given by the
10    State Board of Elections to the chairman of the State
11    central committee of each established political party, and
12    by each election authority or local election official, to
13    the County Chairman of each established political party,
14    and to each organization of citizens within the election
15    jurisdiction which was entitled, under this Article, at the
16    next preceding election, to have pollwatchers present on
17    the day of election. The State Board of Elections, election
18    authority or local election official shall post in a
19    conspicuous, open and public place, at the entrance of the
20    office, notice of the time and place of such lottery. The
21    State Board of Elections shall adopt rules and regulations
22    governing the procedures for the conduct of such lottery.
23    All candidates shall be certified in the order in which
24    their petitions have been filed. Where candidates have
25    filed simultaneously, they shall be certified in the order
26    determined by lot and prior to candidates who filed for the

 

 

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1    same office at a later time.
2        (7) The State Board of Elections or the appropriate
3    election authority or local election official with whom
4    such a petition for nomination is filed shall notify the
5    person for whom a petition for nomination has been filed of
6    the obligation to file statements of organization, reports
7    of campaign contributions, and annual reports of campaign
8    contributions and expenditures under Article 9 of this Act.
9    Such notice shall be given in the manner prescribed by
10    paragraph (7) of Section 9-16 of this Code.
11        (8) Nomination papers filed under this Section are not
12    valid if the candidate named therein fails to file a
13    statement of economic interests as required by the Illinois
14    Governmental Ethics Act in relation to his candidacy with
15    the appropriate officer by the end of the period for the
16    filing of nomination papers unless he has filed a statement
17    of economic interests in relation to the same governmental
18    unit with that officer within a year preceding the date on
19    which such nomination papers were filed. If the nomination
20    papers of any candidate and the statement of economic
21    interest of that candidate are not required to be filed
22    with the same officer, the candidate must file with the
23    officer with whom the nomination papers are filed a receipt
24    from the officer with whom the statement of economic
25    interests is filed showing the date on which such statement
26    was filed. Such receipt shall be so filed not later than

 

 

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1    the last day on which nomination papers may be filed.
2        (9) Any person for whom a petition for nomination, or
3    for committeeman or for delegate or alternate delegate to a
4    national nominating convention has been filed may cause his
5    name to be withdrawn by request in writing, signed by him
6    and duly acknowledged before an officer qualified to take
7    acknowledgments of deeds, and filed in the principal or
8    permanent branch office of the State Board of Elections or
9    with the appropriate election authority or local election
10    official, not later than the date of certification of
11    candidates for the consolidated primary or general primary
12    ballot. No names so withdrawn shall be certified or printed
13    on the primary ballot. If petitions for nomination have
14    been filed for the same person with respect to more than
15    one political party, his name shall not be certified nor
16    printed on the primary ballot of any party. If petitions
17    for nomination have been filed for the same person for 2 or
18    more offices which are incompatible so that the same person
19    could not serve in more than one of such offices if
20    elected, that person must withdraw as a candidate for all
21    but one of such offices within the 5 business days
22    following the last day for petition filing. A candidate in
23    a judicial election may file petitions for nomination for
24    only one vacancy in a subcircuit and only one vacancy in a
25    circuit in any one filing period, and if petitions for
26    nomination have been filed for the same person for 2 or

 

 

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1    more vacancies in the same circuit or subcircuit in the
2    same filing period, his or her name shall be certified only
3    for the first vacancy for which the petitions for
4    nomination were filed. If he fails to withdraw as a
5    candidate for all but one of such offices within such time
6    his name shall not be certified, nor printed on the primary
7    ballot, for any office. For the purpose of the foregoing
8    provisions, an office in a political party is not
9    incompatible with any other office.
10        (10)(a) Notwithstanding the provisions of any other
11    statute, no primary shall be held for an established
12    political party in any township, municipality, or ward
13    thereof, where the nomination of such party for every
14    office to be voted upon by the electors of such township,
15    municipality, or ward thereof, is uncontested. Whenever a
16    political party's nomination of candidates is uncontested
17    as to one or more, but not all, of the offices to be voted
18    upon by the electors of a township, municipality, or ward
19    thereof, then a primary shall be held for that party in
20    such township, municipality, or ward thereof; provided
21    that the primary ballot shall not include those offices
22    within such township, municipality, or ward thereof, for
23    which the nomination is uncontested. For purposes of this
24    Article, the nomination of an established political party
25    of a candidate for election to an office shall be deemed to
26    be uncontested where not more than the number of persons to

 

 

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1    be nominated have timely filed valid nomination papers
2    seeking the nomination of such party for election to such
3    office.
4        (b) Notwithstanding the provisions of any other
5    statute, no primary election shall be held for an
6    established political party for any special primary
7    election called for the purpose of filling a vacancy in the
8    office of representative in the United States Congress
9    where the nomination of such political party for said
10    office is uncontested. For the purposes of this Article,
11    the nomination of an established political party of a
12    candidate for election to said office shall be deemed to be
13    uncontested where not more than the number of persons to be
14    nominated have timely filed valid nomination papers
15    seeking the nomination of such established party for
16    election to said office. This subsection (b) shall not
17    apply if such primary election is conducted on a regularly
18    scheduled election day.
19        (c) Notwithstanding the provisions in subparagraph (a)
20    and (b) of this paragraph (10), whenever a person who has
21    not timely filed valid nomination papers and who intends to
22    become a write-in candidate for a political party's
23    nomination for any office for which the nomination is
24    uncontested files a written statement or notice of that
25    intent with the State Board of Elections or the local
26    election official with whom nomination papers for such

 

 

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1    office are filed, a primary ballot shall be prepared and a
2    primary shall be held for that office. Such statement or
3    notice shall be filed on or before the date established in
4    this Article for certifying candidates for the primary
5    ballot. Such statement or notice shall contain (i) the name
6    and address of the person intending to become a write-in
7    candidate, (ii) a statement that the person is a qualified
8    primary elector of the political party from whom the
9    nomination is sought, (iii) a statement that the person
10    intends to become a write-in candidate for the party's
11    nomination, and (iv) the office the person is seeking as a
12    write-in candidate. An election authority shall have no
13    duty to conduct a primary and prepare a primary ballot for
14    any office for which the nomination is uncontested unless a
15    statement or notice meeting the requirements of this
16    Section is filed in a timely manner.
17        (11) If multiple sets of nomination papers are filed
18    for a candidate to the same office, the State Board of
19    Elections, appropriate election authority or local
20    election official where the petitions are filed shall
21    within 2 business days notify the candidate of his or her
22    multiple petition filings and that the candidate has 3
23    business days after receipt of the notice to notify the
24    State Board of Elections, appropriate election authority
25    or local election official that he or she may cancel prior
26    sets of petitions. If the candidate notifies the State

 

 

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1    Board of Elections, appropriate election authority or
2    local election official, the last set of petitions filed
3    shall be the only petitions to be considered valid by the
4    State Board of Elections, election authority or local
5    election official. If the candidate fails to notify the
6    State Board of Elections, election authority or local
7    election official then only the first set of petitions
8    filed shall be valid and all subsequent petitions shall be
9    void.
10        (12) All nominating petitions shall be available for
11    public inspection and shall be preserved for a period of
12    not less than 6 months.
13(Source: P.A. 99-221, eff. 7-31-15.)
 
14    Section 10. The Sanitary District Act of 1917 is amended by
15changing Section 3 as follows:
 
16    (70 ILCS 2405/3)  (from Ch. 42, par. 301)
17    Sec. 3. Board of trustees; creation; term. A board of
18trustees shall be created, consisting of 5 members in any
19sanitary district which includes one or more municipalities
20with a population of over 90,000 but less than 500,000
21according to the most recent Federal census, and consisting of
223 members in any other district. However, the board of trustees
23for the Fox River Water Reclamation District, the Sanitary
24District of Decatur, and the Northern Moraine Wastewater

 

 

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1Reclamation District shall each consist of 5 members. Each
2board of trustees shall be created for the government, control
3and management of the affairs and business of each sanitary
4district organized under this Act shall be created in the
5following manner:
6        (1) If the district's corporate boundaries are located
7    wholly within a single county, the presiding officer of the
8    county board, with the advice and consent of the county
9    board, shall appoint the trustees for the district;
10        (2) If the district's corporate boundaries are located
11    in more than one county, the members of the General
12    Assembly whose legislative districts encompass any portion
13    of the district shall appoint the trustees for the
14    district.
15    In any sanitary district which shall have a 3 member board
16of trustees, within 60 days after the adoption of such act, the
17appropriate appointing authority shall appoint three trustees
18not more than 2 of whom shall be from one incorporated city,
19town or village in districts in which are included 2 or more
20incorporated cities, towns or villages, or parts of 2 or more
21incorporated cities, towns or villages, who shall hold their
22office respectively for 1, 2 and 3 years, from the first Monday
23of May next after their appointment and until their successors
24are appointed and have qualified, and thereafter on or before
25the second Monday in April of each year the appropriate
26appointing authority shall appoint one trustee whose term shall

 

 

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1be for 3 years commencing the first Monday in May of the year
2in which he is appointed. The length of the term of the first
3trustees shall be determined by lot at their first meeting.
4    In the case of any sanitary district created after January
51, 1978 in which a 5 member board of trustees is required, the
6appropriate appointing authority shall appoint 5 trustees, one
7of whom shall hold office for one year, two of whom shall hold
8office for 2 years, and 2 of whom shall hold office for 3 years
9from the first Monday of May next after their respective
10appointments and until their successors are appointed and have
11qualified. Thereafter, on or before the second Monday in April
12of each year the appropriate appointing authority shall appoint
13one trustee or 2 trustees, as shall be necessary to maintain a
145 member board of trustees, whose terms shall be for 3 years
15commencing the first Monday in May of the year in which they
16are respectively appointed. The length of the terms of the
17first trustees shall be determined by lot at their first
18meeting.
19    In any sanitary district created prior to January 1, 1978
20in which a 5 member board of trustees is required as of January
211, 1978, the two trustees already serving terms which do not
22expire on May 1, 1978 shall continue to hold office for the
23remainders of their respective terms, and 3 trustees shall be
24appointed by the appropriate appointing authority by April 10,
251978 and shall hold office for terms beginning May 1, 1978. Of
26the three new trustees, one shall hold office for 2 years and 2

 

 

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1shall hold office for 3 years from May 1, 1978 and until their
2successors are appointed and have qualified. Thereafter, on or
3before the second Monday in April of each year the appropriate
4appointing authority shall appoint one trustee or 2 trustees,
5as shall be necessary to maintain a 5 member board of trustees,
6whose terms shall be for 3 years commencing the first Monday in
7May of the year in which they are respectively appointed. The
8lengths of the terms of the trustees who are to hold office
9beginning May 1, 1978 shall be determined by lot at their first
10meeting after May 1, 1978.
11    No more than 3 members of a 5 member board of trustees may
12be of the same political party; except that in any sanitary
13district which otherwise meets the requirements of this Section
14and which lies within 4 counties of the State of Illinois or,
15prior to April 30, 2008, in the Fox River Water Reclamation
16District; the appointments of the 5 members of the board of
17trustees shall be made without regard to political party.
18Beginning with the appointments made on April 30, 2008, all
19appointments to the board of trustees of the Fox River Water
20Reclamation District shall be made so that no more than 3 of
21the 5 members are from the same political party.
22    Beginning with the 2019 municipal election, the board of
23trustees of the Fox Metro Water Reclamation District shall be
24elected as provided in this paragraph. The election of trustees
25shall be in accordance with Section 2A-1.1 of the Election
26Code. Any board member serving on the effective date of this

 

 

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1amendatory Act of the 100th General Assembly whose term does
2not expire in 2019 shall serve until his or her successor is
3elected and qualified. The board of trustees shall consist of 5
4elected members. The trustees shall be elected for staggered
5terms at the election as provided by the Election Code. Two
6trustees shall be elected at the 2019 election, and 3 trustees
7shall be elected at the following consolidated election.
8Elected trustees shall take office on the first Tuesday after
9the first Monday in the month following the month of their
10election and shall hold their offices for 4 years and until
11their successors are elected and qualified. When a vacancy
12exists on the board of trustees of the Fox Metro Water
13Reclamation District, the vacancy shall be filled by
14appointment by the president of the board of trustees, with the
15advice and consent of the members of the board of trustees,
16until the next regular election at which trustees of the
17district are elected, and shall be made a matter of record in
18the office of the county clerk in the county where the district
19is located. For a vacancy filled by appointment, the portion of
20the unexpired term remaining after the next regular election at
21which trustees of the district are elected shall be filled by
22election, as provided for in this paragraph.
23    Within 60 days after the release of Federal census
24statistics showing that a sanitary district having a 3 member
25board of trustees contains one or more municipalities with a
26population over 90,000 but less than 500,000, or, for the

 

 

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1Northern Moraine Wastewater Reclamation District, within 60
2days after the effective date of this amendatory Act of the
395th General Assembly, the appropriate appointing authority
4shall appoint 2 additional trustees to the board of trustees,
5one to hold office for 2 years and one to hold office for 3
6years from the first Monday of May next after their appointment
7and until their successors are appointed and have qualified.
8The lengths of the terms of these two additional members shall
9be determined by lot at the first meeting of the board of
10trustees held after the additional members take office. The
11three trustees already holding office in the sanitary district
12shall continue to hold office for the remainders of their
13respective terms. Thereafter, on or before the second Monday in
14April of each year the appropriate appointing authority shall
15appoint one trustee or 2 trustees, as shall be necessary to
16maintain a 5 member board of trustees, whose terms shall be for
173 years commencing the first Monday in May of the year in which
18they are respectively appointed.
19    If any sanitary district having a 5 member board of
20trustees shall cease to contain one or more municipalities with
21a population over 90,000 but less than 500,000 according to the
22most recent Federal census, then, for so long as that sanitary
23district does not contain one or more such municipalities, on
24or before the second Monday in April of each year the
25appropriate appointing authority shall appoint one trustee
26whose term shall be for 3 years commencing the first Monday in

 

 

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1May of the year in which he is appointed. In districts which
2include 2 or more incorporated cities, towns, or villages, or
3parts of 2 or more incorporated cities, towns, or villages, all
4of the trustees shall not be from one incorporated city, town
5or village.
6    If a vacancy occurs on any board of trustees, the
7appropriate appointing authority shall within 60 days appoint a
8trustee who shall hold office for the remainder of the vacated
9term.
10    The appointing authority shall require each of the trustees
11to enter into bond, with security to be approved by the
12appointing authority, in such sum as the appointing authority
13may determine.
14    A majority of the board of trustees shall constitute a
15quorum but a smaller number may adjourn from day to day. No
16trustee or employee of such district shall be directly or
17indirectly interested in any contract, work or business of the
18district, or the sale of any article, the expense, price or
19consideration of which is paid by such district; nor in the
20purchase of any real estate or property belonging to the
21district, or which shall be sold for taxes or assessments, or
22by virtue of legal process at the suit of the district.
23Provided, that nothing herein shall be construed as prohibiting
24the appointment or selection of any person as trustee or
25employee whose only interest in the district is as owner of
26real estate in the district or of contributing to the payment

 

 

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1of taxes levied by the district. The trustees shall have the
2power to provide and adopt a corporate seal for the district.
3    Notwithstanding any other provision in this Section, in any
4sanitary district created prior to the effective date of this
5amendatory Act of 1985, in which a five member board of
6trustees has been appointed and which currently includes one or
7more municipalities with a population of over 90,000 but less
8than 500,000, the board of trustees shall consist of five
9members.
10    Except as otherwise provided for vacancies, in the event
11that the appropriate appointing authority fails to appoint a
12trustee under this Section, the appropriate appointing
13authority shall reconvene and appoint a successor on or before
14July 1 of that year.
15(Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.