State of Illinois
90th General Assembly
Legislation

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90_SB0078

      10 ILCS 5/1A-16 new
      10 ILCS 5/2A-1.1          from Ch. 46, par. 2A-1.1
      10 ILCS 5/7-8             from Ch. 46, par. 7-8
      10 ILCS 5/8-4             from Ch. 46, par. 8-4
      105 ILCS 5/33-1           from Ch. 122, par. 33-1
          Amends the Election Code and the  School  Code.   Changes
      the  general  primary election in 1998 from the third Tuesday
      in March to the last Tuesday in August.  Requires  the  State
      Board  of  Elections  to  assess  the  move  for  the General
      Assembly.
                                                     LRB9001126MWcd
                                               LRB9001126MWcd
 1        AN ACT to change the date of  the  1998  general  primary
 2    election, amending named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Election  Code  is  amended  by  adding
 6    Section 1A-16 and changing  Sections 2A-1.1, 7-8, and 8-4  as
 7    follows:
 8        (10 ILCS 5/1A-16 new)
 9        Sec. 1A-16.  Assessment of 1998 primary.  The State Board
10    of  Elections  shall assess the success and benefits, or lack
11    of success  or  benefits,  of  conducting  the  1998  general
12    primary on the last Tuesday in August.  The State board shall
13    submit its report to the General Assembly by January 1, 1999.
14        (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
15        Sec. 2A-1.1.  All Elections - Consolidated Schedule.
16        (a)  In  even-numbered  years, the general election shall
17    be held on the  first  Tuesday  after  the  first  Monday  of
18    November;  and an election to be known as the general primary
19    election shall be held on the last Tuesday  in  August,  1998
20    and  on  the  third  Tuesday  in March in other even-numbered
21    years;
22        (b)  In odd-numbered years, an election to  be  known  as
23    the  consolidated election shall be held on the first Tuesday
24    in April except as provided in Section 2A-1.1a of  this  Act;
25    and  an  election  to  be  known  as the consolidated primary
26    election shall be held on the last Tuesday in February;
27        (c)  In odd-numbered years, an election to  be  known  as
28    the  nonpartisan  election shall be held on the first Tuesday
29    after the first Monday in November.
30    (Source: P.A. 82-1014.)
                            -2-                LRB9001126MWcd
 1        (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
 2        Sec. 7-8.  The State central committee shall be  composed
 3    of one or two members from each congressional district in the
 4    State and shall be elected as follows:
 5                       State Central Committee
 6        (a)  Within  30  days  after  the  effective date of this
 7    amendatory Act of 1983 the State central  committee  of  each
 8    political party shall certify to the State Board of Elections
 9    which of the following alternatives it wishes to apply to the
10    State central committee of that party.
11        Alternative  A.  At  the general primary election held on
12    the third Tuesday in March 1970,  and  at  the  primary  held
13    every  4  years thereafter, each primary elector may vote for
14    one candidate of his party for member of  the  State  central
15    committee for the congressional district in which he resides.
16    The  candidate receiving the highest number of votes shall be
17    declared  elected  State  central   committeeman   from   the
18    district. A political party may, in lieu of the foregoing, by
19    a  majority vote of delegates at any State convention of such
20    party,  determine  to  thereafter  elect  the  State  central
21    committeemen in the manner following:
22        At the county convention held  by  such  political  party
23    State  central  committeemen  shall  be  elected  in the same
24    manner as provided  in  this  Article  for  the  election  of
25    officers  of  the county central committee, and such election
26    shall follow the election of officers of the  county  central
27    committee.    Each   elected   ward,   township  or  precinct
28    committeeman shall cast as his vote one vote for each  ballot
29    voted  in  his ward, township, part of a township or precinct
30    in the last  preceding  primary  election  of  his  political
31    party.  In  the  case  of a county lying partially within one
32    congressional   district   and   partially   within   another
33    congressional  district,  each  ward,  township  or  precinct
34    committeeman  shall   vote   only   with   respect   to   the
                            -3-                LRB9001126MWcd
 1    congressional district in which his ward, township, part of a
 2    township   or   precinct  is  located.   In  the  case  of  a
 3    congressional  district  which  encompasses  more  than   one
 4    county, each ward, township or precinct committeeman residing
 5    within  the congressional district shall cast as his vote one
 6    vote for each ballot voted in his ward, township, part  of  a
 7    township  or  precinct in the last preceding primary election
 8    of his political party for one candidate  of  his  party  for
 9    member  of  the State central committee for the congressional
10    district in which he resides and the Chairman  of the  county
11    central committee shall report the results of the election to
12    the  State  Board  of Elections. The State Board of Elections
13    shall certify the candidate receiving the highest  number  of
14    votes   elected   State   central   committeeman   for   that
15    congressional district.
16        The  State central committee shall adopt rules to provide
17    for and govern the procedures to be followed in the  election
18    of members of the State central committee.
19        Alternative   B.  Each   congressional  committee  shall,
20    within 30  days  after  the  adoption  of  this  alternative,
21    appoint  a  person  of the sex opposite that of the incumbent
22    member  for  that  congressional  district  to  serve  as  an
23    additional member of the State central committee until his or
24    her successor is elected at the general primary  election  in
25    1986.    Each   congressional   committee   shall  make  this
26    appointment by voting on the basis set forth in paragraph (e)
27    of this  Section.  In  each  congressional  district  at  the
28    general  primary  election  held  in  1986  and every 4 years
29    thereafter, the male candidate receiving the  highest  number
30    of  votes  of  the  party's male candidates for State central
31    committeeman, and the female candidate receiving the  highest
32    number  of  votes  of the party's female candidates for State
33    central  committeewoman,  shall  be  declared  elected  State
34    central committeeman and State  central  committeewoman  from
                            -4-                LRB9001126MWcd
 1    the  district.   At the general primary election held in 1986
 2    and every 4 years thereafter, if all a party's candidates for
 3    State central committeemen or  State  central  committeewomen
 4    from  a  congressional  district  are  of  the  same sex, the
 5    candidate receiving the highest  number  of  votes  shall  be
 6    declared  elected  a  State  central  committeeman  or  State
 7    central  committeewoman  from the district, and, because of a
 8    failure to elect one male and one female to the committee,  a
 9    vacancy  shall  be  declared  to  exist  in the office of the
10    second  member  of  the  State  central  committee  from  the
11    district.  This vacancy shall be filled by appointment by the
12    congressional committee  of  the  political  party,  and  the
13    person  appointed  to fill the vacancy shall be a resident of
14    the congressional district and of the sex  opposite  that  of
15    the  committeeman  or  committeewoman  elected at the general
16    primary election.  Each congressional  committee  shall  make
17    this  appointment  by  voting  on  the  basis  set  forth  in
18    paragraph (e) of this Section.
19        Under  both  of  the  foregoing  alternatives,  the State
20    central committee of each political party shall  be  composed
21    of   members   elected   or   appointed   from   the  several
22    congressional districts of the State, and of no other  person
23    or  persons  whomsoever.   The  members  of the State central
24    committee  shall,  within  30  days  after  each  quadrennial
25    election  of  the  full  committee,  meet  in  the  city   of
26    Springfield  and  organize  by  electing from among their own
27    number a chairman, and may at such time elect  such  officers
28    from  among their own number (or otherwise), as they may deem
29    necessary or expedient. The outgoing chairman  of  the  State
30    central  committee  of  the  party  shall, 10 days before the
31    meeting, notify each member of the  State  central  committee
32    elected at the primary of the time and place of such meeting.
33    In  the  organization  and  proceedings  of the State central
34    committee, each State central committeeman and State  central
                            -5-                LRB9001126MWcd
 1    committeewoman  shall  have one vote for each ballot voted in
 2    his or her congressional district by the primary electors  of
 3    his   or  her  party  at  the  primary  election  immediately
 4    preceding  the  meeting  of  the  State  central   committee.
 5    Whenever  a  vacancy occurs in the State central committee of
 6    any political party, the vacancy may be filled by appointment
 7    by the congressional committee of that political party in the
 8    congressional district from which the appointee's predecessor
 9    was elected, and the member so appointed to fill the  vacancy
10    shall  be a resident of that congressional district and, in a
11    committee composed as provided in alternative B, shall be  of
12    the  same  sex  as  the  appointee's predecessor. A political
13    party may, by a majority vote of the delegates of  any  State
14    convention of such party, determine to return to the election
15    of    State    central   committeeman   and   State   central
16    committeewoman by the vote of primary electors.   Any  action
17    taken   by  a  political  party  at  a  State  convention  in
18    accordance with this Section shall be reported to  the  State
19    Board  of  Elections  by  the  chairman and secretary of such
20    convention within 10 days after such action.
21              Ward, Township and Precinct Committeemen
22        (b)  At the general primary election held  on  the  third
23    Tuesday  in  March,  1972, and every 4 years thereafter, each
24    primary elector in cities having a population of  200,000  or
25    over  may vote for one candidate of his party in his ward for
26    ward committeeman. Each candidate for ward committeeman  must
27    be a resident of and in the ward where he seeks to be elected
28    ward committeeman. The one having the highest number of votes
29    shall  be such ward committeeman of such party for such ward.
30    At the general primary election held on the third Tuesday  in
31    March,  1970,  and  every  4  years  thereafter, each primary
32    elector in counties containing a population of  2,000,000  or
33    more, outside of cities containing a population of 200,000 or
34    more,  may  vote  for one candidate of his party for township
                            -6-                LRB9001126MWcd
 1    committeeman. Each candidate for township  committeeman  must
 2    be  a  resident  of and in the township or part of a township
 3    (which lies outside of a city having a population of  200,000
 4    or  more, in counties containing a population of 2,000,000 or
 5    more), and in which township or part of a township  he  seeks
 6    to  be  elected  township  committeeman.  The  one having the
 7    highest number of votes shall be such  township  committeeman
 8    of  such  party  for  such township or part of a township. At
 9    each general the primary election held on the  third  Tuesday
10    in  March,  1970  and  every 2 years thereafter, each primary
11    elector, except in counties having a population of  2,000,000
12    or  over,  may  vote  for  one  candidate of his party in his
13    precinct  for  precinct  committeeman.  Each  candidate   for
14    precinct  committeeman  must  be  a bona fide resident of the
15    precinct where he seeks to be elected precinct  committeeman.
16    The  one  having  the  highest  number of votes shall be such
17    precinct committeeman of such party for  such  precinct.  The
18    official  returns  of  the primary shall show the name of the
19    committeeman of each political party.
20        Terms of Committeemen. All precinct committeemen  elected
21    under  the  provisions of this Article shall continue as such
22    committeemen until the date of the primary to be held in  the
23    second   year  after  their  election.  Except  as  otherwise
24    provided  in  this  Section   for   certain   State   central
25    committeemen  who  have  2  year  terms,  all  State  central
26    committeemen,  township  committeemen  and  ward committeemen
27    shall continue as such committeemen until the date of primary
28    to be held in the fourth year after their election.  However,
29    a  vacancy exists in the office of precinct committeeman when
30    a precinct committeeman ceases to reside in the  precinct  in
31    which  he  was  elected  and such precinct committeeman shall
32    thereafter neither have nor exercise any  rights,  powers  or
33    duties  as committeeman in that precinct, even if a successor
34    has not been elected or appointed.
                            -7-                LRB9001126MWcd
 1        (c)  The Multi-Township Central Committee  shall  consist
 2    of   the   precinct   committeemen  of  such  party,  in  the
 3    multi-township assessing district formed pursuant to  Section
 4    2-10  of the Property Tax Code and shall be organized for the
 5    purposes set forth in Section 45-25 of the Township Code.  In
 6    the   organization  and  proceedings  of  the  Multi-Township
 7    Central Committee each precinct committeeman shall  have  one
 8    vote  for  each  ballot  voted in his precinct by the primary
 9    electors of his party at the primary at which he was elected.
10                      County Central Committee
11        (d)  The county central committee of each political party
12    in  each  county  shall  consist  of  the  various   township
13    committeemen, precinct committeemen and ward committeemen, if
14    any,  of  such  party  in the county. In the organization and
15    proceedings of the county central  committee,  each  precinct
16    committeeman shall have one vote for each ballot voted in his
17    precinct  by the primary electors of his party at the primary
18    at which he was elected;  each  township  committeeman  shall
19    have  one  vote for each ballot voted in his township or part
20    of a township as the case may be by the primary  electors  of
21    his  party  at  the  primary  election  for the nomination of
22    candidates for election to the General  Assembly  immediately
23    preceding the meeting of the county central committee; and in
24    the  organization  and  proceedings  of  the  county  central
25    committee,  each  ward  committeeman  shall have one vote for
26    each ballot voted in his ward by the primary electors of  his
27    party   at   the  primary  election  for  the  nomination  of
28    candidates for election to the General  Assembly  immediately
29    preceding the meeting of the county central committee.
30                       Congressional Committee
31        (e)  The  congressional  committee  of each party in each
32    congressional district shall be composed of the  chairmen  of
33    the  county  central committees of the counties composing the
34    congressional  district,   except   that   in   congressional
                            -8-                LRB9001126MWcd
 1    districts wholly within the territorial limits of one county,
 2    or partly within 2 or more counties, but not coterminous with
 3    the  county  lines  of  all  of  such  counties, the precinct
 4    committeemen, township committeemen and ward committeemen, if
 5    any, of the  party  representing  the  precincts  within  the
 6    limits  of  the  congressional  district,  shall  compose the
 7    congressional committee. A State central committeeman in each
 8    district shall be a  member  and  the  chairman  or,  when  a
 9    district  has  2 State central committeemen, a co-chairman of
10    the congressional committee, but shall not have the right  to
11    vote except in case of a tie.
12        In  the  organization  and  proceedings  of congressional
13    committees composed  of  precinct  committeemen  or  township
14    committeemen   or   ward  committeemen,  or  any  combination
15    thereof, each precinct committeeman shall have one  vote  for
16    each  ballot voted in his precinct by the primary electors of
17    his party at the  primary  at  which  he  was  elected,  each
18    township  committeeman  shall  have  one vote for each ballot
19    voted in his township or part of a township as the  case  may
20    be  by  the  primary  electors  of  his  party at the primary
21    election   immediately   preceding   the   meeting   of   the
22    congressional committee, and  each  ward  committeeman  shall
23    have  one  vote for each ballot voted in each precinct of his
24    ward located in such congressional district  by  the  primary
25    electors  of  his  party  at the primary election immediately
26    preceding the meeting of the congressional committee; and  in
27    the  organization and proceedings of congressional committees
28    composed of the chairmen of the county central committees  of
29    the  counties  within  such  district,  each chairman of such
30    county central committee shall have one vote for each  ballot
31    voted  in  his county by the primary electors of his party at
32    the primary election immediately preceding the meeting of the
33    congressional committee.
34                     Judicial District Committee
                            -9-                LRB9001126MWcd
 1        (f)  The judicial district committee  of  each  political
 2    party  in  each  judicial  district  shall be composed of the
 3    chairman of the county central  committees  of  the  counties
 4    composing the judicial district.
 5        In  the organization and proceedings of judicial district
 6    committees composed of the chairmen  of  the  county  central
 7    committees   of  the  counties  within  such  district,  each
 8    chairman of such county central committee shall have one vote
 9    for each ballot voted in his county by the  primary  electors
10    of  his  party  at the primary election immediately preceding
11    the meeting of the judicial district committee.
12                       Circuit Court Committee
13        (g)  The circuit court committee of each political  party
14    in  each  judicial  circuit  outside  Cook  County  shall  be
15    composed  of the chairmen of the county central committees of
16    the counties composing the judicial circuit.
17        In the organization  and  proceedings  of  circuit  court
18    committees, each chairman of a county central committee shall
19    have  one  vote  for  each  ballot voted in his county by the
20    primary  electors  of  his  party  at  the  primary  election
21    immediately  preceding  the  meeting  of  the  circuit  court
22    committee.
23                    Judicial Subcircuit Committee
24        (g-1)  The  judicial   subcircuit   committee   of   each
25    political  party  in  each judicial subcircuit in Cook County
26    shall be composed of the ward and  township  committeemen  of
27    the townships and wards composing the judicial subcircuit.
28        In  the  organization  and  proceedings  of each judicial
29    subcircuit committee, each township committeeman  shall  have
30    one  vote  for each ballot voted in his township or part of a
31    township, as the case may be, in the judicial  subcircuit  by
32    the  primary  electors  of  his party at the primary election
33    immediately preceding the meeting of the judicial  subcircuit
34    committee; and each ward committeeman shall have one vote for
                            -10-               LRB9001126MWcd
 1    each  ballot voted in his ward or part of a ward, as the case
 2    may be, in the judicial subcircuit by the primary electors of
 3    his party at the primary election immediately  preceding  the
 4    meeting of the judicial subcircuit committee.
 5                     Municipal Central Committee
 6        (h)  The  municipal  central  committee of each political
 7    party shall be composed of the  precinct,  township  or  ward
 8    committeemen,  as the case may be, of such party representing
 9    the precincts or wards, embraced in such  city,  incorporated
10    town  or  village.  The  voting  strength  of  each precinct,
11    township  or  ward  committeeman  on  the  municipal  central
12    committee shall be the same as his  voting  strength  on  the
13    county central committee.
14        For  political  parties, other than a statewide political
15    party, established only within a  municipality  or  township,
16    the   municipal  or  township  managing  committee  shall  be
17    composed of the  party  officers  of  the  local  established
18    party.  The party officers of a local established party shall
19    be  as  follows: the chairman and secretary of the caucus for
20    those municipalities and townships authorized by  statute  to
21    nominate  candidates  by caucus shall serve as party officers
22    for the purpose of  filling  vacancies  in  nomination  under
23    Section  7-61; for municipalities and townships authorized by
24    statute or ordinance to nominate candidates by  petition  and
25    primary  election,  the  party  officers shall be the party's
26    candidates who are nominated at the  primary.   If  no  party
27    primary  was  held  because of the provisions of Section 7-5,
28    vacancies in  nomination  shall  be  filled  by  the  party's
29    remaining candidates who shall serve as the party's officers.
30                               Powers
31        (i)  Each  committee  and  its  officers  shall  have the
32    powers usually  exercised  by  such  committees  and  by  the
33    officers  thereof,  not  inconsistent  with the provisions of
34    this Article. The  several  committees  herein  provided  for
                            -11-               LRB9001126MWcd
 1    shall  not  have  power  to  delegate any of their powers, or
 2    functions to any other person, officer or committee, but this
 3    shall not be construed to prevent a committee from appointing
 4    from its own membership proper and necessary subcommittees.
 5        (j)  The State central committee  of  a  political  party
 6    which  elects it members by Alternative B under paragraph (a)
 7    of this Section shall adopt a plan  to  give  effect  to  the
 8    delegate  selection rules of the national political party and
 9    file a copy of such plan with the State  Board  of  Elections
10    when approved by a national political party.
11        (k)  For  the  purpose of the designation of a proxy by a
12    Congressional Committee to vote in place of an  absent  State
13    central  committeeman  or  committeewoman  at meetings of the
14    State central committee of a political party which elects its
15    members by Alternative B under paragraph (a) of this Section,
16    the proxy shall be appointed by the  vote  of  the  ward  and
17    township  committeemen,  if  any,  of the wards and townships
18    which lie entirely  or  partially  within  the  Congressional
19    District  from which the absent State central committeeman or
20    committeewoman was elected and the vote of  the  chairmen  of
21    the  county  central  committees  of those counties which lie
22    entirely or partially within that Congressional District  and
23    in  which  there  are  no ward or township committeemen. When
24    voting for such proxy the county chairman, ward  committeeman
25    or  township  committeeman, as the case may be shall have one
26    vote for each ballot voted in his county, ward  or  township,
27    or  portion thereof within the Congressional District, by the
28    primary electors of his party at the primary at which he  was
29    elected.  However,  the  absent State central committeeman or
30    committeewoman may designate a proxy when  permitted  by  the
31    rules  of  a  political  party  which  elects  its members by
32    Alternative B under paragraph (a) of this Section.
33    (Source: P.A. 87-1052; 88-670, eff. 12-2-94.)
                            -12-               LRB9001126MWcd
 1        (10 ILCS 5/8-4) (from Ch. 46, par. 8-4)
 2        Sec. 8-4. A primary shall be held on the third Tuesday in
 3    March of  each  even-numbered  year  for  The  nomination  of
 4    candidates  for  legislative  offices  shall  be  made at the
 5    general primary election.
 6    (Source: P.A. 82-750.)
 7        Section 10.  The  School  Code  is  amended  by  changing
 8    Section 33-1 as follows:
 9        (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
10        Sec.  33-1.   Board of Education - Election - Terms.   In
11    all school districts,  including  special  charter  districts
12    having  a  population  of  100,000 and not more than 500,000,
13    which adopt this  Article,  as  hereinafter  provided,  there
14    shall  be  maintained a system of free schools in charge of a
15    board of  education,  which  shall  be  a  body  politic  and
16    corporate  by  the  name  of  "Board of Education of the City
17    of....".  The board shall consist of 7 members elected by the
18    voters of the district. Except as provided in  Section  33-1b
19    of  this  Act,  The regular election for members of the board
20    shall be held on the first Tuesday of April in  odd  numbered
21    years,  except  as provided in Section 33-1b, and on the date
22    provided for the general primary election and  on  the  third
23    Tuesday  of  March  in even numbered years. The law governing
24    the registration of voters for  the  primary  election  shall
25    apply to the regular election.  At the first regular election
26    7  persons  shall  be  elected  as  members of the board. The
27    person who receives the greatest number  of  votes  shall  be
28    elected for a term of 5 years.  The 2 persons who receive the
29    second  and  third  greatest number of votes shall be elected
30    for a term of 4 years.  The person who  receives  the  fourth
31    greatest  number  of  votes  shall be elected for a term of 3
32    years.  The  2  persons  who  receive  the  fifth  and  sixth
                            -13-               LRB9001126MWcd
 1    greatest  number  of  votes  shall be elected for a term of 2
 2    years.  The person who receives the seventh  greatest  number
 3    of  votes  shall be elected for a term of 1 year. Thereafter,
 4    at each regular  election  for  members  of  the  board,  the
 5    successors  of  the members whose terms expire in the year of
 6    election shall be elected for a term of 5 years.   All  terms
 7    shall  commence on July 1 next succeeding the elections.  Any
 8    vacancy occurring in the membership of  the  board  shall  be
 9    filled  by  appointment  until  the next regular election for
10    members of the board.
11        In any school district which has adopted this Article,  a
12    proposition for the election of board members by school board
13    district  rather than at large may be submitted to the voters
14    of the district at the regular school election of any year in
15    the manner provided in Section 9-22.  If the  proposition  is
16    approved  by  a majority of those voting on the propositions,
17    the board shall divide the  school  district  into  7  school
18    board  districts as provided in Section 9-22.  At the regular
19    school election in the year following the  adoption  of  such
20    proposition,  one  member  shall  be elected from each school
21    board district, and the 7 members so elected shall,  by  lot,
22    determine one to serve for one year, 2 for 2 years, one for 3
23    years,  2  for 4 years, and one for 5 years. Thereafter their
24    respective successors shall be elected for terms of 5  years.
25    The  terms of all incumbent members expire July 1 of the year
26    following the adoption of such a proposition.
27        Any school district which has adopted this  Article  may,
28    by  referendum  in  accordance  with Section 33-1a, adopt the
29    method of electing members of the board of education provided
30    in that Section.
31        Reapportionment of the voting districts provided  for  in
32    this  Article  or created pursuant to a court order, shall be
33    completed pursuant to Section 33-1c.
34    (Source: P.A. 82-1014; 86-1331.)

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