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Public Act 095-0141


 

Public Act 0141 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0141
 
HB1872 Enrolled LRB095 07345 RAS 27486 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The School Code is amended by changing Section
9-10 as follows:
 
    (105 ILCS 5/9-10)  (from Ch. 122, par. 9-10)
    Sec. 9-10. Candidates for office - Nominating petitions.
Candidates for the office of school director shall be nominated
by petition signed by at least 25 voters or 5% of the voters,
whichever is less, residing within the district and filed with
the secretary of the board of school directors or with a person
designated by the board to receive nominating petitions.
    Nominations for members of boards of education, including
non-high school boards of education shall be made by a petition
signed by at least 50 voters or 10% of the voters, whichever is
less, residing within the district and shall be filed with the
secretary of the board of education or with a person designated
by the board to receive nominating petitions. In addition to
the requirements of the general election law, the form of such
petitions shall be substantially as follows:
NOMINATING PETITIONS
(LEAVE OUT THE INAPPLICABLE PART.)
    To the secretary of the board of education (or board of
directors) of district number .... in .... County:
    We the undersigned, being (.... or more) (or 10% or more)
(or 5% or more) of the voters residing within said district,
hereby petition that .... who resides at .... in the (city or
village) of .... in Township .... (or who resides outside any
city, village or incorporated town and in Township ....) in
said district shall be a candidate for the office of .... of
the board of education (or board of directors) (full term)
(vacancy) to be voted for at the election to be held on (insert
date).
    Name: .................. Address: ...................
 
    In the designation of the name of a candidate on a petition
for nomination, the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly known,
or a combination thereof may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition, then (i) the candidate's name
on the petition must be followed by "formerly known as (list
all prior names during the 3-year period) until name changed on
(list date of each such name change)" and (ii) the petition
must be accompanied by the candidate's affidavit stating the
candidate's previous names during the period specified in
clause (i) and the date or dates each of those names was
changed; failure to meet these requirements shall be grounds
for denying certification of the candidate's name for the
ballot, but these requirements do not apply to name changes
resulting from adoption to assume an adoptive parent's or
parents' surname, marriage to assume a spouse's surname, or
dissolution of marriage or declaration of invalidity of
marriage to assume a former surname. No other designation, such
as a political slogan, as defined by Section 7-17 of the
Election Code, title or degree, or nickname suggesting or
implying possession of a title, degree or professional status,
or similar information may be used in connection with the
candidate's surname.
    Nomination papers filed under this Section are not valid
unless the candidate named therein files with the secretary of
the board of education or a person designated by the board to
receive nominating petitions a receipt from the county clerk
showing that the candidate has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the
calendar year in which his nomination papers were filed or
within the period for the filing of nomination papers in
accordance with the general election law.
    All petitions for the nomination of members of a board of
education shall be filed with the secretary of the board or a
person designated by the board to receive nominating petitions
within the time provided for by the general election law. The
secretary shall receive and file only those petitions which
include a statement of candidacy, the required number of voter
signatures, the notarized signature of the petition circulator
and a receipt from the County Clerk showing that the candidate
has filed a statement of economic interest on or before the
last day to file as required by the Illinois Governmental
Ethics Act. The secretary may have petition forms available for
issuance to potential candidates, and may give notice of the
petition filing period by publication in a newspaper of general
circulation within the school district not less than 10 days
prior to the first day of filing. Said secretary shall make
certification to the proper election authorities in accordance
with the general election law. If the secretary is an incumbent
school board member seeking re-election, a disinterested
person must be a witness to the filing of his petition.
    The secretary of the board of education shall notify the
candidates for whom a petition for nomination is filed or the
appropriate committee of the obligations under the Campaign
Financing Act as provided in the general election law. Such
notice shall be given on a form prescribed by the State Board
of Elections and in accordance with the requirements of the
general election law. The secretary shall within 7 days of
filing or on the last day for filing, whichever is earlier,
acknowledge to the petitioner in writing his acceptance of the
petition.
    A candidate for membership on the board of education or for
office as a school director, who has petitioned for nomination
to fill a full term and to fill a vacant term to be voted upon
at the same election, must withdraw his or her petition for
nomination from either the full term or the vacant term by
written declaration.
    In all newly organized districts the petition for the
nomination of candidates for members of the board of education
at the first election shall be addressed to and filed with the
regional superintendent of schools in the manner herein
specified for the petitions for members of a board of
education. For such election the regional superintendent shall
fulfill all duties otherwise assigned to the secretary of the
board of education.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (105 ILCS 5/9-18 rep.)
    Section 5. The School Code is amended by repealing Section
9-18.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2007