94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0204

 

Introduced 2/2/2005, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/10-9   from Ch. 46, par. 10-9

    Amends the Election Code. Eliminates the township officers electoral board and the educational officers electoral board. Requires the county officers electoral board to hear and pass upon objections to nominations of candidates for township offices, school district offices, and community college district offices.


LRB094 05130 JAM 35170 b

 

 

A BILL FOR

 

SB0204 LRB094 05130 JAM 35170 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing Section
5 10-9 as follows:
 
6     (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
7     Sec. 10-9. The following electoral boards are designated
8 for the purpose of hearing and passing upon the objector's
9 petition described in Section 10-8.
10     1. The State Board of Elections will hear and pass upon
11 objections to the nominations of candidates for State offices,
12 nominations of candidates for congressional, legislative and
13 judicial offices of districts or circuits situated in more than
14 one county, nominations of candidates for the offices of
15 State's attorney or regional superintendent of schools to be
16 elected from more than one county, and petitions for proposed
17 amendments to the Constitution of the State of Illinois as
18 provided for in Section 3 of Article XIV of the Constitution.
19     2. The county officers electoral board to hear and pass
20 upon objections to the nominations of candidates for county
21 offices, for congressional, legislative, and judicial, school
22 district, and community college district offices of a district
23 or circuit coterminous with or less than a county, for school
24 trustees to be voted for by the electors of the county or by
25 the electors of a township of the county, for township offices
26 for a township of the county, for the office of multi-township
27 assessor where candidates for such office are nominated in
28 accordance with this Code, and for all special district
29 offices, shall be composed of the county clerk, or an assistant
30 designated by the county clerk, the State's attorney of the
31 county or an Assistant State's Attorney designated by the
32 State's Attorney, and the clerk of the circuit court, or an

 

 

SB0204 - 2 - LRB094 05130 JAM 35170 b

1 assistant designated by the clerk of the circuit court, of the
2 county, of whom the county clerk or his designee shall be the
3 chairman, except that in any county which has established a
4 county board of election commissioners that board shall
5 constitute the county officers electoral board ex-officio.
6     3. The municipal officers electoral board to hear and pass
7 upon objections to the nominations of candidates for officers
8 of municipalities shall be composed of the mayor or president
9 of the board of trustees of the city, village or incorporated
10 town, and the city, village or incorporated town clerk, and one
11 member of the city council or board of trustees, that member
12 being designated who is eligible to serve on the electoral
13 board and has served the greatest number of years as a member
14 of the city council or board of trustees, of whom the mayor or
15 president of the board of trustees shall be the chairman.
16     4. (Blank.) The township officers electoral board to pass
17 upon objections to the nominations of township officers shall
18 be composed of the township supervisor, the town clerk, and
19 that eligible town trustee elected in the township who has had
20 the longest term of continuous service as town trustee, of whom
21 the township supervisor shall be the chairman.
22     5. (Blank.) The education officers electoral board to hear
23 and pass upon objections to the nominations of candidates for
24 offices in school or community college districts shall be
25 composed of the presiding officer of the school or community
26 college district board, who shall be the chairman, the
27 secretary of the school or community college district board and
28 the eligible elected school or community college board member
29 who has the longest term of continuous service as a board
30 member.
31     6. In all cases, however, where the Congressional or
32 Legislative district is wholly within the jurisdiction of a
33 board of election commissioners and in all cases where the
34 school district or special district is wholly within the
35 jurisdiction of a municipal board of election commissioners and
36 in all cases where the municipality or township is wholly or

 

 

SB0204 - 3 - LRB094 05130 JAM 35170 b

1 partially within the jurisdiction of a municipal board of
2 election commissioners, the board of election commissioners
3 shall ex-officio constitute the electoral board.
4     For special districts, including townships and school and
5 community college districts, situated in more than one county,
6 the county officers electoral board of the county in which the
7 principal office of the district is located has jurisdiction to
8 hear and pass upon objections. For purposes of this Section,
9 "special districts" means all political subdivisions other
10 than counties and , municipalities, townships and school and
11 community college districts.
12     In the event that any member of the appropriate board is a
13 candidate for the office with relation to which the objector's
14 petition is filed, he shall not be eligible to serve on that
15 board and shall not act as a member of the board and his place
16 shall be filled as follows:
17         a. In the county officers electoral board by the county
18     treasurer, and if he or she is ineligible to serve, by the
19     sheriff of the county.
20         b. In the municipal officers electoral board by the
21     eligible elected city council or board of trustees member
22     who has served the second greatest number of years as a
23     city council or board of trustees member.
24         c. In the township officers electoral board by the
25     eligible elected town trustee who has had the second
26     longest term of continuous service as a town trustee.
27         d. In the education officers electoral board by the
28     eligible elected school or community college district
29     board member who has had the second longest term of
30     continuous service as a board member.
31     In the event that the chairman of the electoral board is
32 ineligible to act because of the fact that he is a candidate
33 for the office with relation to which the objector's petition
34 is filed, then the substitute chosen under the provisions of
35 this Section shall be the chairman; In this case, the officer
36 or board with whom the objector's petition is filed, shall

 

 

SB0204 - 4 - LRB094 05130 JAM 35170 b

1 transmit the certificate of nomination or nomination papers as
2 the case may be, and the objector's petition to the substitute
3 chairman of the electoral board.
4     When 2 or more eligible individuals, by reason of their
5 terms of service on a city council or board of trustees,
6 township board of trustees, or school or community college
7 district board, qualify to serve on an electoral board, the one
8 to serve shall be chosen by lot.
9     Any vacancies on an electoral board not otherwise filled
10 pursuant to this Section shall be filled by public members
11 appointed by the Chief Judge of the Circuit Court for the
12 county wherein the electoral board hearing is being held upon
13 notification to the Chief Judge of such vacancies. The Chief
14 Judge shall be so notified by a member of the electoral board
15 or the officer or board with whom the objector's petition was
16 filed. In the event that none of the individuals designated by
17 this Section to serve on the electoral board are eligible, the
18 chairman of an electoral board shall be designated by the Chief
19 Judge.
20 (Source: P.A. 87-570.)