97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1885

 

Introduced , by Rep. Robert Rita

 

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

    Amends the Election Code. Provides that the county officers electoral board shall also hear objector's petitions for candidates for offices in school or community college districts.


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A BILL FOR

 

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1    AN ACT concerning elections.
 
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 Section
510-9 as follows:
 
6    (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
7    Sec. 10-9. The following electoral boards are designated
8for the purpose of hearing and passing upon the objector's
9petition 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
12    offices, nominations of candidates for congressional,
13    legislative and judicial offices of districts,
14    subcircuits, or circuits situated in more than one county,
15    nominations of candidates for the offices of State's
16    attorney or regional superintendent of schools to be
17    elected from more than one county, and petitions for
18    proposed amendments to the Constitution of the State of
19    Illinois as provided for in Section 3 of Article XIV of the
20    Constitution.
21        2. The county officers electoral board to hear and pass
22    upon objections to the nominations of candidates for county
23    offices, for congressional, legislative and judicial

 

 

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1    offices of a district, subcircuit, or circuit coterminous
2    with or less than a county, for school trustees to be voted
3    for by the electors of the county or by the electors of a
4    township of the county, for offices in school or community
5    college districts, for the office of multi-township
6    assessor where candidates for such office are nominated in
7    accordance with this Code, and for all special district
8    offices, shall be composed of the county clerk, or an
9    assistant designated by the county clerk, the State's
10    attorney of the county or an Assistant State's Attorney
11    designated by the State's Attorney, and the clerk of the
12    circuit court, or an assistant designated by the clerk of
13    the circuit court, of the county, of whom the county clerk
14    or his designee shall be the chairman, except that in any
15    county which has established a county board of election
16    commissioners that board shall constitute the county
17    officers electoral board ex-officio.
18        3. The municipal officers electoral board to hear and
19    pass upon objections to the nominations of candidates for
20    officers of municipalities shall be composed of the mayor
21    or president of the board of trustees of the city, village
22    or incorporated town, and the city, village or incorporated
23    town clerk, and one member of the city council or board of
24    trustees, that member being designated who is eligible to
25    serve on the electoral board and has served the greatest
26    number of years as a member of the city council or board of

 

 

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1    trustees, of whom the mayor or president of the board of
2    trustees shall be the chairman.
3        4. The township officers electoral board to pass upon
4    objections to the nominations of township officers shall be
5    composed of the township supervisor, the town clerk, and
6    that eligible town trustee elected in the township who has
7    had the longest term of continuous service as town trustee,
8    of whom the township supervisor shall be the chairman.
9        5. (Blank). The education officers electoral board to
10    hear and pass upon objections to the nominations of
11    candidates for offices in school or community college
12    districts shall be composed of the presiding officer of the
13    school or community college district board, who shall be
14    the chairman, the secretary of the school or community
15    college district board and the eligible elected school or
16    community college board member who has the longest term of
17    continuous service as a board member.
18        6. In all cases, however, where the Congressional,
19    Legislative, or Representative district is wholly or
20    partially within the jurisdiction of a single municipal
21    board of election commissioners in Cook County and in all
22    cases where the school district or special district is
23    wholly within the jurisdiction of a municipal board of
24    election commissioners and in all cases where the
25    municipality or township is wholly or partially within the
26    jurisdiction of a municipal board of election

 

 

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

 

 

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1    district board member who has had the second longest term
2    of continuous service as a board member.
3    In the event that the chairman of the electoral board is
4ineligible to act because of the fact that he is a candidate
5for the office with relation to which the objector's petition
6is filed, then the substitute chosen under the provisions of
7this Section shall be the chairman; In this case, the officer
8or board with whom the objector's petition is filed, shall
9transmit the certificate of nomination or nomination papers as
10the case may be, and the objector's petition to the substitute
11chairman of the electoral board.
12    When 2 or more eligible individuals, by reason of their
13terms of service on a city council or board of trustees or ,
14township board of trustees, or school or community college
15district board, qualify to serve on an electoral board, the one
16to serve shall be chosen by lot.
17    Any vacancies on an electoral board not otherwise filled
18pursuant to this Section shall be filled by public members
19appointed by the Chief Judge of the Circuit Court for the
20county wherein the electoral board hearing is being held upon
21notification to the Chief Judge of such vacancies. The Chief
22Judge shall be so notified by a member of the electoral board
23or the officer or board with whom the objector's petition was
24filed. In the event that none of the individuals designated by
25this Section to serve on the electoral board are eligible, the
26chairman of an electoral board shall be designated by the Chief

 

 

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1Judge.
2(Source: P.A. 96-1008, eff. 7-6-10.)