SB0100 EnrolledLRB101 06953 AWJ 51986 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    (including the Fox Metro Water Reclamation District),
3    then, except as otherwise provided in this Section, such
4    petition for nomination shall be filed in the principal
5    office of the State Board of Elections not more than 113
6    and not less than 106 days prior to the date of the
7    primary, but, in the case of petitions for nomination to
8    fill a vacancy by special election in the office of
9    representative in Congress from this State, such petition
10    for nomination shall be filed in the principal office of
11    the State Board of Elections not more than 85 days and not
12    less than 82 days prior to the date of the primary.
13        Where a vacancy occurs in the office of Supreme,
14    Appellate or Circuit Court Judge within the 3-week period
15    preceding the 106th day before a general primary election,
16    petitions for nomination for the office in which the
17    vacancy has occurred shall be filed in the principal office
18    of the State Board of Elections not more than 92 nor less
19    than 85 days prior to the date of the general primary
20    election.
21        Where the nomination is to be made for delegates or
22    alternate delegates to a national nominating convention,
23    then such petition for nomination shall be filed in the
24    principal office of the State Board of Elections not more
25    than 113 and not less than 106 days prior to the date of
26    the primary; provided, however, that if the rules or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    sets of petitions. If the candidate notifies the State
2    Board of Elections, appropriate election authority or
3    local election official, the last set of petitions filed
4    shall be the only petitions to be considered valid by the
5    State Board of Elections, election authority or local
6    election official. If the candidate fails to notify the
7    State Board of Elections, election authority or local
8    election official then only the first set of petitions
9    filed shall be valid and all subsequent petitions shall be
10    void.
11        (12) All nominating petitions shall be available for
12    public inspection and shall be preserved for a period of
13    not less than 6 months.
14(Source: P.A. 99-221, eff. 7-31-15; 100-1027, eff. 1-1-19.)
 
15    Section 10. The Sanitary District Act of 1917 is amended by
16changing Section 3 as follows:
 
17    (70 ILCS 2405/3)  (from Ch. 42, par. 301)
18    Sec. 3. Board of trustees; creation; term. A board of
19trustees shall be created, consisting of 5 members in any
20sanitary district which includes one or more municipalities
21with a population of over 90,000 but less than 500,000
22according to the most recent Federal census, and consisting of
233 members in any other district. However, the board of trustees
24for the Fox River Water Reclamation District, the Sanitary

 

 

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

 

 

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1appointing authority shall appoint one trustee whose term shall
2be for 3 years commencing the first Monday in May of the year
3in which he is appointed. The length of the term of the first
4trustees shall be determined by lot at their first meeting.
5    In the case of any sanitary district created after January
61, 1978 in which a 5 member board of trustees is required, the
7appropriate appointing authority shall appoint 5 trustees, one
8of whom shall hold office for one year, two of whom shall hold
9office for 2 years, and 2 of whom shall hold office for 3 years
10from the first Monday of May next after their respective
11appointments and until their successors are appointed and have
12qualified. Thereafter, on or before the second Monday in April
13of each year the appropriate appointing authority shall appoint
14one trustee or 2 trustees, as shall be necessary to maintain a
155 member board of trustees, whose terms shall be for 3 years
16commencing the first Monday in May of the year in which they
17are respectively appointed. The length of the terms of the
18first trustees shall be determined by lot at their first
19meeting.
20    In any sanitary district created prior to January 1, 1978
21in which a 5 member board of trustees is required as of January
221, 1978, the two trustees already serving terms which do not
23expire on May 1, 1978 shall continue to hold office for the
24remainders of their respective terms, and 3 trustees shall be
25appointed by the appropriate appointing authority by April 10,
261978 and shall hold office for terms beginning May 1, 1978. Of

 

 

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1the three new trustees, one shall hold office for 2 years and 2
2shall hold office for 3 years from May 1, 1978 and until their
3successors are appointed and have qualified. Thereafter, on or
4before the second Monday in April of each year the appropriate
5appointing authority shall appoint one trustee or 2 trustees,
6as shall be necessary to maintain a 5 member board of trustees,
7whose terms shall be for 3 years commencing the first Monday in
8May of the year in which they are respectively appointed. The
9lengths of the terms of the trustees who are to hold office
10beginning May 1, 1978 shall be determined by lot at their first
11meeting after May 1, 1978.
12    No more than 3 members of a 5 member board of trustees may
13be of the same political party; except that in any sanitary
14district which otherwise meets the requirements of this Section
15and which lies within 4 counties of the State of Illinois or,
16prior to April 30, 2008, in the Fox River Water Reclamation
17District; the appointments of the 5 members of the board of
18trustees shall be made without regard to political party.
19Beginning with the appointments made on April 30, 2008, all
20appointments to the board of trustees of the Fox River Water
21Reclamation District shall be made so that no more than 3 of
22the 5 members are from the same political party.
23    Beginning with the 2021 municipal election, the board of
24trustees of the Fox Metro Water Reclamation District shall be
25elected as provided in this paragraph. The election of trustees
26shall be in accordance with Section 2A-1.1 of the Election

 

 

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1Code. Any board member serving on the effective date of this
2amendatory Act of the 101st General Assembly whose term does
3not expire in 2021 shall serve until his or her successor is
4elected and qualified. The board of trustees of the Fox Metro
5Water Reclamation District shall: on or before January 1, 2020,
6divide the Fox Metro Water Reclamation District into 5 trustee
7districts and assign the trustee districts to reflect the
8results of the most recent federal decennial census; and
9thereafter, in the year following each decennial census,
10redistrict the trustee districts to reflect the results of the
11most recent census. The board of trustees shall consist of 1
12elected trustee in each trustee district. A petition for
13nomination for election of a trustee of the Fox Metro Water
14Reclamation District shall contain at least 100 signatures of
15registered voters residing within the Fox Metro Water
16Reclamation District. The trustees shall be elected for
17staggered terms at the election as provided by the Election
18Code. Two trustees shall be elected at the 2021 election, and 3
19trustees shall be elected at the following consolidated
20election. Elected trustees shall take office on the first
21Tuesday after the first Monday in the month following the month
22of their election and shall hold their offices for 4 years and
23until their successors are elected and qualified. If a vacancy
24occurs before the 2021 election on the board of trustees of the
25Fox Metro Water Reclamation District: (i) the District Manager
26shall, no later than 7 days from the date of the vacancy,

 

 

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1notify the State legislators representing any portion of the
2District, publish notification of the vacancy on the District's
3website, and send notification of the vacancy to local
4newspapers, radio stations, and television stations; (ii) each
5notification published or sent shall contain instructions on
6how to apply to the District Manager for the vacant trustee
7position; (iii) applications for the vacancy shall be accepted
8for at least 30 days after the date the notification of the
9vacancy was published and sent; (iv) applications for the
10vacancy shall include a letter of interest and resume; (v) once
11the application period has closed, the District Manager shall
12forward all applications received to the State legislators
13notified of the vacancy in item (i); (vi) the President of the
14board of trustees and the District Manager shall hold a public
15meeting with the State legislators notified of the vacancy to
16review all applications and, by unanimous vote of all State
17legislators representing any portion of the District, select a
18candidate to fill the trustee vacancy; and (vii) the board of
19trustees shall appoint the selected candidate at the next board
20of trustees meeting. If a vacancy exists after the 2021
21election on the board of trustees of the Fox Metro Water
22Reclamation District, the vacancy shall be filled by
23appointment by the president of the board of trustees, with the
24advice and consent of the members of the board of trustees,
25until the next regular election at which trustees of the
26district are elected, and shall be made a matter of record in

 

 

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1the office of the county clerk in the county where the district
2is located; for a vacancy filled by appointment, the portion of
3the unexpired term remaining after the next regular election at
4which trustees of the district are elected shall be filled by
5election, as provided for in this paragraph.
6    Within 60 days after the release of Federal census
7statistics showing that a sanitary district having a 3 member
8board of trustees contains one or more municipalities with a
9population over 90,000 but less than 500,000, or, for the
10Northern Moraine Wastewater Reclamation District, within 60
11days after the effective date of this amendatory Act of the
1295th General Assembly, the appropriate appointing authority
13shall appoint 2 additional trustees to the board of trustees,
14one to hold office for 2 years and one to hold office for 3
15years from the first Monday of May next after their appointment
16and until their successors are appointed and have qualified.
17The lengths of the terms of these two additional members shall
18be determined by lot at the first meeting of the board of
19trustees held after the additional members take office. The
20three trustees already holding office in the sanitary district
21shall continue to hold office for the remainders of their
22respective terms. Thereafter, on or before the second Monday in
23April of each year the appropriate appointing authority shall
24appoint one trustee or 2 trustees, as shall be necessary to
25maintain a 5 member board of trustees, whose terms shall be for
263 years commencing the first Monday in May of the year in which

 

 

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1they are respectively appointed.
2    If any sanitary district having a 5 member board of
3trustees shall cease to contain one or more municipalities with
4a population over 90,000 but less than 500,000 according to the
5most recent Federal census, then, for so long as that sanitary
6district does not contain one or more such municipalities, on
7or before the second Monday in April of each year the
8appropriate appointing authority shall appoint one trustee
9whose term shall be for 3 years commencing the first Monday in
10May of the year in which he is appointed. In districts which
11include 2 or more incorporated cities, towns, or villages, or
12parts of 2 or more incorporated cities, towns, or villages, all
13of the trustees shall not be from one incorporated city, town
14or village.
15    If a vacancy occurs on any board of trustees, the
16appropriate appointing authority shall within 60 days appoint a
17trustee who shall hold office for the remainder of the vacated
18term.
19    The appointing authority shall require each of the trustees
20to enter into bond, with security to be approved by the
21appointing authority, in such sum as the appointing authority
22may determine.
23    A majority of the board of trustees shall constitute a
24quorum but a smaller number may adjourn from day to day. No
25trustee or employee of such district shall be directly or
26indirectly interested in any contract, work or business of the

 

 

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1district, or the sale of any article, the expense, price or
2consideration of which is paid by such district; nor in the
3purchase of any real estate or property belonging to the
4district, or which shall be sold for taxes or assessments, or
5by virtue of legal process at the suit of the district.
6Provided, that nothing herein shall be construed as prohibiting
7the appointment or selection of any person as trustee or
8employee whose only interest in the district is as owner of
9real estate in the district or of contributing to the payment
10of taxes levied by the district. The trustees shall have the
11power to provide and adopt a corporate seal for the district.
12    Notwithstanding any other provision in this Section, in any
13sanitary district created prior to the effective date of this
14amendatory Act of 1985, in which a five member board of
15trustees has been appointed and which currently includes one or
16more municipalities with a population of over 90,000 but less
17than 500,000, the board of trustees shall consist of five
18members.
19    Except as otherwise provided for vacancies, in the event
20that the appropriate appointing authority fails to appoint a
21trustee under this Section, the appropriate appointing
22authority shall reconvene and appoint a successor on or before
23July 1 of that year.
24(Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.