HB0629 Enrolled LRB093 07319 BDD 07480 b

1     AN ACT in relation to 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
5 Sections 4-8, 5-7, 6-35, 7-8, 7-9, 7-41, 9-1.5, 9-1.7, 9-1.8,
6 9-1.9, 9-1.14, 9-9.5, 10-14, 12-5, 17-29, 19-2.2, 21-2, 22-1,
7 22-3, 22-7, 22-8, and 22-17 and by adding Section 1A-19 as
8 follows:
 
9     (10 ILCS 5/1A-19 new)
10     Sec. 1A-19. Effect of extension of canvassing period on
11 terms of public offices and official acts.
12     (a) Notwithstanding any law to the contrary, if the
13 proclamation of election results for an elected office has not
14 been issued by the date of the commencement of the term of that
15 elected office because of the extension of canvassing periods
16 under this amendatory Act of the 93rd General Assembly, then
17 the term of the elected office shall commence on a date 14 days
18 after the proclamation of election results is issued for that
19 elected office.
20     (b) If subsection (a) applies to the commencement date of
21 an elected official's term, and if the elected official is
22 authorized or required by law to perform an official act by a
23 date occurring before the commencement of his or her term of
24 office, including but not limited to holding an organizational
25 meeting of the public body to which the public official is
26 elected, then notwithstanding any law to the contrary the date
27 by which the act shall be performed shall be a date 14 days
28 after the date otherwise established by law.
29     (c) Notwithstanding any other provision of this Section or
30 of this Code to the contrary, the terms of office for Supreme,
31 Appellate, and Circuit Judges commence on the first Monday in
32 December following their election or retention. Judicial

 

 

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1 election results must be proclaimed before that date.
 
2     (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
3     Sec. 4-8. The county clerk shall provide a sufficient
4 number of blank forms for the registration of electors, which
5 shall be known as registration record cards and which shall
6 consist of loose leaf sheets or cards, of suitable size to
7 contain in plain writing and figures the data hereinafter
8 required thereon or shall consist of computer cards of suitable
9 nature to contain the data required thereon. The registration
10 record cards, which shall include an affidavit of registration
11 as hereinafter provided, shall be executed in duplicate.
12     The registration record card shall contain the following
13 and such other information as the county clerk may think it
14 proper to require for the identification of the applicant for
15 registration:
16     Name. The name of the applicant, giving surname and first
17 or Christian name in full, and the middle name or the initial
18 for such middle name, if any.
19     Sex.
20     Residence. The name and number of the street, avenue, or
21 other location of the dwelling, including the apartment, unit
22 or room number, if any, and in the case of a mobile home the lot
23 number, and such additional clear and definite description as
24 may be necessary to determine the exact location of the
25 dwelling of the applicant. Where the location cannot be
26 determined by street and number, then the section,
27 congressional township and range number may be used, or such
28 other description as may be necessary, including post-office
29 mailing address. In the case of a homeless individual, the
30 individual's voting residence that is his or her mailing
31 address shall be included on his or her registration record
32 card.
33     Term of residence in the State of Illinois and precinct.
34 This information shall be furnished by the applicant stating
35 the place or places where he resided and the dates during which

 

 

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1 he resided in such place or places during the year next
2 preceding the date of the next ensuing election.
3     Nativity. The state or country in which the applicant was
4 born.
5     Citizenship. Whether the applicant is native born or
6 naturalized. If naturalized, the court, place, and date of
7 naturalization.
8     Date of application for registration, i.e., the day, month
9 and year when applicant presented himself for registration.
10     Age. Date of birth, by month, day and year.
11     Physical disability of the applicant, if any, at the time
12 of registration, which would require assistance in voting.
13     The county and state in which the applicant was last
14 registered.
15     Signature of voter. The applicant, after the registration
16 and in the presence of a deputy registrar or other officer of
17 registration shall be required to sign his or her name in ink
18 to the affidavit on both the original and duplicate
19 registration record cards.
20     Signature of deputy registrar or officer of registration.
21     In case applicant is unable to sign his name, he may affix
22 his mark to the affidavit. In such case the officer empowered
23 to give the registration oath shall write a detailed
24 description of the applicant in the space provided on the back
25 or at the bottom of the card or sheet; and shall ask the
26 following questions and record the answers thereto:
27     Father's first name.
28     Mother's first name.
29     From what address did the applicant last register?
30     Reason for inability to sign name.
31     Each applicant for registration shall make an affidavit in
32 substantially the following form:
33
AFFIDAVIT OF REGISTRATION
34 STATE OF ILLINOIS
35 COUNTY OF .......
36     I hereby swear (or affirm) that I am a citizen of the

 

 

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1 United States; that on the date of the next election I shall
2 have resided in the State of Illinois and in the election
3 precinct in which I reside 30 days and that I intend that this
4 location shall be my residence; that I am fully qualified to
5 vote, and that the above statements are true.
6
..............................
7
(His or her signature or mark)
8     Subscribed and sworn to before me on (insert date).
9 ..................................
10 Signature of registration officer.
11 (To be signed in presence of registrant.)
 
12     Space shall be provided upon the face of each registration
13 record card for the notation of the voting record of the person
14 registered thereon.
15     Each registration record card shall be numbered according
16 to precincts, and may be serially or otherwise marked for
17 identification in such manner as the county clerk may
18 determine.
19     The registration cards shall be deemed public records and
20 shall be open to inspection during regular business hours,
21 except during the 27 days immediately preceding any election.
22 On written request of any candidate or objector or any person
23 intending to object to a petition, the election authority shall
24 extend its hours for inspection of registration cards and other
25 records of the election authority during the period beginning
26 with the filing of petitions under Sections 7-10, 8-8, 10-6 or
27 28-3 and continuing through the termination of electoral board
28 hearings on any objections to petitions containing signatures
29 of registered voters in the jurisdiction of the election
30 authority. The extension shall be for a period of hours
31 sufficient to allow adequate opportunity for examination of the
32 records but the election authority is not required to extend
33 its hours beyond the period beginning at its normal opening for
34 business and ending at midnight. If the business hours are so
35 extended, the election authority shall post a public notice of

 

 

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1 such extended hours. Registration record cards may also be
2 inspected, upon approval of the officer in charge of the cards,
3 during the 27 days immediately preceding any election.
4 Registration record cards shall also be open to inspection by
5 certified judges and poll watchers and challengers at the
6 polling place on election day, but only to the extent necessary
7 to determine the question of the right of a person to vote or
8 to serve as a judge of election. At no time shall poll watchers
9 or challengers be allowed to physically handle the registration
10 record cards.
11     Updated copies of computer tapes or computer discs or other
12 electronic data processing information containing voter
13 registration information shall be furnished by the county clerk
14 within 10 days after December 15 and May 15 each year and
15 within 10 days after each registration period is closed to the
16 State Board of Elections in a form prescribed by the Board. For
17 the purposes of this Section, a registration period is closed
18 27 days before the date of any regular or special election.
19 Registration information shall include, but not be limited to,
20 the following information: name, sex, residence, telephone
21 number, if any, age, party affiliation, if applicable,
22 precinct, ward, township, county, and representative,
23 legislative and congressional districts. In the event of
24 noncompliance, the State Board of Elections is directed to
25 obtain compliance forthwith with this nondiscretionary duty of
26 the election authority by instituting legal proceedings in the
27 circuit court of the county in which the election authority
28 maintains the registration information. The costs of
29 furnishing updated copies of tapes or discs shall be paid at a
30 rate of $.00034 per name of registered voters in the election
31 jurisdiction, but not less than $50 per tape or disc and shall
32 be paid from appropriations made to the State Board of
33 Elections for reimbursement to the election authority for such
34 purpose. The State Board shall furnish copies of such tapes,
35 discs, other electronic data or compilations thereof to state
36 political committees registered pursuant to the Illinois

 

 

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1 Campaign Finance Act or the Federal Election Campaign Act and
2 to governmental entities, at their request and at a reasonable
3 cost. Copies of the tapes, discs or other electronic data shall
4 be furnished by the county clerk to local political committees
5 at their request and at a reasonable cost. To protect the
6 privacy and confidentiality of voter registration information,
7 the disclosure of electronic voter registration records to any
8 person or entity other than to a State or local political
9 committee and other than to a governmental entity for a
10 governmental purpose is specifically prohibited. Copies of the
11 tapes, discs, or other electronic data shall be furnished by
12 the county clerk to local political committees and governmental
13 entities at their request and at a reasonable cost. Reasonable
14 cost of the tapes, discs, et cetera for this purpose would be
15 the cost of duplication plus 15% for administration. The
16 individual representing a political committee requesting
17 copies of such tapes shall make a sworn affidavit that the
18 information shall be used only for bona fide political
19 purposes, including by or for candidates for office or
20 incumbent office holders. Such tapes, discs or other electronic
21 data shall not be used under any circumstances by any political
22 committee or individuals for purposes of commercial
23 solicitation or other business purposes. If such tapes contain
24 information on county residents related to the operations of
25 county government in addition to registration information,
26 that information shall not be used under any circumstances for
27 commercial solicitation or other business purposes. The
28 prohibition in this Section against using the computer tapes or
29 computer discs or other electronic data processing information
30 containing voter registration information for purposes of
31 commercial solicitation or other business purposes shall be
32 prospective only from the effective date of this amended Act of
33 1979. Any person who violates this provision shall be guilty of
34 a Class 4 felony.
35     The State Board of Elections shall promulgate, by October
36 1, 1987, such regulations as may be necessary to ensure

 

 

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1 uniformity throughout the State in electronic data processing
2 of voter registration information. The regulations shall
3 include, but need not be limited to, specifications for uniform
4 medium, communications protocol and file structure to be
5 employed by the election authorities of this State in the
6 electronic data processing of voter registration information.
7 Each election authority utilizing electronic data processing
8 of voter registration information shall comply with such
9 regulations on and after May 15, 1988.
10     If the applicant for registration was last registered in
11 another county within this State, he shall also sign a
12 certificate authorizing cancellation of the former
13 registration. The certificate shall be in substantially the
14 following form:
15 To the County Clerk of.... County, Illinois. (or)
16 To the Election Commission of the City of ...., Illinois.
17     This is to certify that I am registered in your (county)
18 (city) and that my residence was ............................
19 Having moved out of your (county) (city), I hereby authorize
20 you to cancel said registration in your office.
21 Dated at ...., Illinois, on (insert date).
22
.................................
23
(Signature of Voter)
24 Attest: ................,  County Clerk, .............
25 County, Illinois.
26     The cancellation certificate shall be mailed immediately
27 by the County Clerk to the County Clerk (or election commission
28 as the case may be) where the applicant was formerly
29 registered. Receipt of such certificate shall be full authority
30 for cancellation of any previous registration.
31 (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02;
32 93-574, eff. 8-21-03.)
 
33     (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
34     Sec. 5-7. The county clerk shall provide a sufficient
35 number of blank forms for the registration of electors which

 

 

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1 shall be known as registration record cards and which shall
2 consist of loose leaf sheets or cards, of suitable size to
3 contain in plain writing and figures the data hereinafter
4 required thereon or shall consist of computer cards of suitable
5 nature to contain the data required thereon. The registration
6 record cards, which shall include an affidavit of registration
7 as hereinafter provided, shall be executed in duplicate.
8     The registration record card shall contain the following
9 and such other information as the county clerk may think it
10 proper to require for the identification of the applicant for
11 registration:
12     Name. The name of the applicant, giving surname and first
13 or Christian name in full, and the middle name or the initial
14 for such middle name, if any.
15     Sex.
16     Residence. The name and number of the street, avenue, or
17 other location of the dwelling, including the apartment, unit
18 or room number, if any, and in the case of a mobile home the lot
19 number, and such additional clear and definite description as
20 may be necessary to determine the exact location of the
21 dwelling of the applicant, including post-office mailing
22 address. In the case of a homeless individual, the individual's
23 voting residence that is his or her mailing address shall be
24 included on his or her registration record card.
25     Term of residence in the State of Illinois and the
26 precinct. Which questions may be answered by the applicant
27 stating, in excess of 30 days in the State and in excess of 30
28 days in the precinct.
29     Nativity. The State or country in which the applicant was
30 born.
31     Citizenship. Whether the applicant is native born or
32 naturalized. If naturalized, the court, place and date of
33 naturalization.
34     Date of application for registration, i.e., the day, month
35 and year when applicant presented himself for registration.
36     Age. Date of birth, by month, day and year.

 

 

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1     Physical disability of the applicant, if any, at the time
2 of registration, which would require assistance in voting.
3     The county and state in which the applicant was last
4 registered.
5     Signature of voter. The applicant, after the registration
6 and in the presence of a deputy registrar or other officer of
7 registration shall be required to sign his or her name in ink
8 to the affidavit on the original and duplicate registration
9 record card.
10     Signature of Deputy Registrar.
11     In case applicant is unable to sign his name, he may affix
12 his mark to the affidavit. In such case the officer empowered
13 to give the registration oath shall write a detailed
14 description of the applicant in the space provided at the
15 bottom of the card or sheet; and shall ask the following
16 questions and record the answers thereto:
17     Father's first name .......................
18     Mother's first name .......................
19     From what address did you last register?
20     Reason for inability to sign name.
21     Each applicant for registration shall make an affidavit in
22 substantially the following form:
23
AFFIDAVIT OF REGISTRATION
24 State of Illinois)
25                  )ss
26 County of        )
27     I hereby swear (or affirm) that I am a citizen of the
28 United States; that on the date of the next election I shall
29 have resided in the State of Illinois and in the election
30 precinct in which I reside 30 days; that I am fully qualified
31 to vote. That I intend that this location shall be my residence
32 and that the above statements are true.
33
..............................
34
(His or her signature or mark)
35     Subscribed and sworn to before me on (insert date).
36 .........................................

 

 

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1     Signature of Registration Officer.
2 (To be signed in presence of Registrant.)
 
3     Space shall be provided upon the face of each registration
4 record card for the notation of the voting record of the person
5 registered thereon.
6     Each registration record card shall be numbered according
7 to towns and precincts, wards, cities and villages, as the case
8 may be, and may be serially or otherwise marked for
9 identification in such manner as the county clerk may
10 determine.
11     The registration cards shall be deemed public records and
12 shall be open to inspection during regular business hours,
13 except during the 27 days immediately preceding any election.
14 On written request of any candidate or objector or any person
15 intending to object to a petition, the election authority shall
16 extend its hours for inspection of registration cards and other
17 records of the election authority during the period beginning
18 with the filing of petitions under Sections 7-10, 8-8, 10-6 or
19 28-3 and continuing through the termination of electoral board
20 hearings on any objections to petitions containing signatures
21 of registered voters in the jurisdiction of the election
22 authority. The extension shall be for a period of hours
23 sufficient to allow adequate opportunity for examination of the
24 records but the election authority is not required to extend
25 its hours beyond the period beginning at its normal opening for
26 business and ending at midnight. If the business hours are so
27 extended, the election authority shall post a public notice of
28 such extended hours. Registration record cards may also be
29 inspected, upon approval of the officer in charge of the cards,
30 during the 27 days immediately preceding any election.
31 Registration record cards shall also be open to inspection by
32 certified judges and poll watchers and challengers at the
33 polling place on election day, but only to the extent necessary
34 to determine the question of the right of a person to vote or
35 to serve as a judge of election. At no time shall poll watchers

 

 

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1 or challengers be allowed to physically handle the registration
2 record cards.
3     Updated copies of computer tapes or computer discs or other
4 electronic data processing information containing voter
5 registration information shall be furnished by the county clerk
6 within 10 days after December 15 and May 15 each year and
7 within 10 days after each registration period is closed to the
8 State Board of Elections in a form prescribed by the Board. For
9 the purposes of this Section, a registration period is closed
10 27 days before the date of any regular or special election.
11 Registration information shall include, but not be limited to,
12 the following information: name, sex, residence, telephone
13 number, if any, age, party affiliation, if applicable,
14 precinct, ward, township, county, and representative,
15 legislative and congressional districts. In the event of
16 noncompliance, the State Board of Elections is directed to
17 obtain compliance forthwith with this nondiscretionary duty of
18 the election authority by instituting legal proceedings in the
19 circuit court of the county in which the election authority
20 maintains the registration information. The costs of
21 furnishing updated copies of tapes or discs shall be paid at a
22 rate of $.00034 per name of registered voters in the election
23 jurisdiction, but not less than $50 per tape or disc and shall
24 be paid from appropriations made to the State Board of
25 Elections for reimbursement to the election authority for such
26 purpose. The State Board shall furnish copies of such tapes,
27 discs, other electronic data or compilations thereof to state
28 political committees registered pursuant to the Illinois
29 Campaign Finance Act or the Federal Election Campaign Act and
30 to governmental entities, at their request and at a reasonable
31 cost. To protect the privacy and confidentiality of voter
32 registration information, the disclosure of electronic voter
33 registration records to any person or entity other than to a
34 State or local political committee and other than to a
35 governmental entity for a governmental purpose is specifically
36 prohibited. Copies of the tapes, discs or other electronic data

 

 

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1 shall be furnished by the county clerk to local political
2 committees and governmental entities at their request and at a
3 reasonable cost. Reasonable cost of the tapes, discs, et cetera
4 for this purpose would be the cost of duplication plus 15% for
5 administration. The individual representing a political
6 committee requesting copies of such tapes shall make a sworn
7 affidavit that the information shall be used only for bona fide
8 political purposes, including by or for candidates for office
9 or incumbent office holders. Such tapes, discs or other
10 electronic data shall not be used under any circumstances by
11 any political committee or individuals for purposes of
12 commercial solicitation or other business purposes. If such
13 tapes contain information on county residents related to the
14 operations of county government in addition to registration
15 information, that information shall not be used under any
16 circumstances for commercial solicitation or other business
17 purposes. The prohibition in this Section against using the
18 computer tapes or computer discs or other electronic data
19 processing information containing voter registration
20 information for purposes of commercial solicitation or other
21 business purposes shall be prospective only from the effective
22 date of this amended Act of 1979. Any person who violates this
23 provision shall be guilty of a Class 4 felony.
24     The State Board of Elections shall promulgate, by October
25 1, 1987, such regulations as may be necessary to ensure
26 uniformity throughout the State in electronic data processing
27 of voter registration information. The regulations shall
28 include, but need not be limited to, specifications for uniform
29 medium, communications protocol and file structure to be
30 employed by the election authorities of this State in the
31 electronic data processing of voter registration information.
32 Each election authority utilizing electronic data processing
33 of voter registration information shall comply with such
34 regulations on and after May 15, 1988.
35     If the applicant for registration was last registered in
36 another county within this State, he shall also sign a

 

 

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1 certificate authorizing cancellation of the former
2 registration. The certificate shall be in substantially the
3 following form:
4 To the County Clerk of .... County, Illinois. To the Election
5 Commission of the City of ...., Illinois.
6     This is to certify that I am registered in your (county)
7 (city) and that my residence was .....
8     Having moved out of your (county) (city), I hereby
9 authorize you to cancel said registration in your office.
10 Dated at .... Illinois, on (insert date).
11
....................
12
(Signature of Voter)
13
Attest ......, County Clerk, ........ County, Illinois.
14     The cancellation certificate shall be mailed immediately
15 by the county clerk to the county clerk (or election commission
16 as the case may be) where the applicant was formerly
17 registered. Receipt of such certificate shall be full authority
18 for cancellation of any previous registration.
19 (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02;
20 93-574, eff. 8-21-03.)
 
21     (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)
22     Sec. 6-35. The Boards of Election Commissioners shall
23 provide a sufficient number of blank forms for the registration
24 of electors which shall be known as registration record cards
25 and which shall consist of loose leaf sheets or cards, of
26 suitable size to contain in plain writing and figures the data
27 hereinafter required thereon or shall consist of computer cards
28 of suitable nature to contain the data required thereon. The
29 registration record cards, which shall include an affidavit of
30 registration as hereinafter provided, shall be executed in
31 duplicate. The duplicate of which may be a carbon copy of the
32 original or a copy of the original made by the use of other
33 method or material used for making simultaneous true copies or
34 duplications.
35     The registration record card shall contain the following

 

 

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1 and such other information as the Board of Election
2 Commissioners may think it proper to require for the
3 identification of the applicant for registration:
4     Name. The name of the applicant, giving surname and first
5 or Christian name in full, and the middle name or the initial
6 for such middle name, if any.
7     Sex.
8     Residence. The name and number of the street, avenue, or
9 other location of the dwelling, including the apartment, unit
10 or room number, if any, and in the case of a mobile home the lot
11 number, and such additional clear and definite description as
12 may be necessary to determine the exact location of the
13 dwelling of the applicant, including post-office mailing
14 address. In the case of a homeless individual, the individual's
15 voting residence that is his or her mailing address shall be
16 included on his or her registration record card.
17     Term of residence in the State of Illinois and the
18 precinct.
19     Nativity. The state or country in which the applicant was
20 born.
21     Citizenship. Whether the applicant is native born or
22 naturalized. If naturalized, the court, place, and date of
23 naturalization.
24     Date of application for registration, i.e., the day, month
25 and year when the applicant presented himself for registration.
26     Age. Date of birth, by month, day and year.
27     Physical disability of the applicant, if any, at the time
28 of registration, which would require assistance in voting.
29     The county and state in which the applicant was last
30 registered.
31     Signature of voter. The applicant, after registration and
32 in the presence of a deputy registrar or other officer of
33 registration shall be required to sign his or her name in ink
34 to the affidavit on both the original and the duplicate
35 registration record card.
36     Signature of deputy registrar.

 

 

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1     In case applicant is unable to sign his name, he may affix
2 his mark to the affidavit. In such case the registration
3 officer shall write a detailed description of the applicant in
4 the space provided at the bottom of the card or sheet; and
5 shall ask the following questions and record the answers
6 thereto:
7     Father's first name .........................
8     Mother's first name .........................
9     From what address did you last register? ....
10     Reason for inability to sign name ...........
11     Each applicant for registration shall make an affidavit in
12 substantially the following form:
13
AFFIDAVIT OF REGISTRATION
14 State of Illinois  )
15                    )ss
16 County of .......  )
17     I hereby swear (or affirm) that I am a citizen of the
18 United States, that on the day of the next election I shall
19 have resided in the State of Illinois and in the election
20 precinct 30 days and that I intend that this location is my
21 residence; that I am fully qualified to vote, and that the
22 above statements are true.
23
..............................
24
(His or her signature or mark)
25     Subscribed and sworn to before me on (insert date).
26 ......................................
27     Signature of registration officer
28 (to be signed in presence of registrant).
29     Space shall be provided upon the face of each registration
30 record card for the notation of the voting record of the person
31 registered thereon.
32     Each registration record card shall be numbered according
33 to wards or precincts, as the case may be, and may be serially
34 or otherwise marked for identification in such manner as the
35 Board of Election Commissioners may determine.
36     The registration cards shall be deemed public records and

 

 

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1 shall be open to inspection during regular business hours,
2 except during the 27 days immediately preceding any election.
3 On written request of any candidate or objector or any person
4 intending to object to a petition, the election authority shall
5 extend its hours for inspection of registration cards and other
6 records of the election authority during the period beginning
7 with the filing of petitions under Sections 7-10, 8-8, 10-6 or
8 28-3 and continuing through the termination of electoral board
9 hearings on any objections to petitions containing signatures
10 of registered voters in the jurisdiction of the election
11 authority. The extension shall be for a period of hours
12 sufficient to allow adequate opportunity for examination of the
13 records but the election authority is not required to extend
14 its hours beyond the period beginning at its normal opening for
15 business and ending at midnight. If the business hours are so
16 extended, the election authority shall post a public notice of
17 such extended hours. Registration record cards may also be
18 inspected, upon approval of the officer in charge of the cards,
19 during the 27 days immediately preceding any election.
20 Registration record cards shall also be open to inspection by
21 certified judges and poll watchers and challengers at the
22 polling place on election day, but only to the extent necessary
23 to determine the question of the right of a person to vote or
24 to serve as a judge of election. At no time shall poll watchers
25 or challengers be allowed to physically handle the registration
26 record cards.
27     Updated copies of computer tapes or computer discs or other
28 electronic data processing information containing voter
29 registration information shall be furnished by the Board of
30 Election Commissioners within 10 days after December 15 and May
31 15 each year and within 10 days after each registration period
32 is closed to the State Board of Elections in a form prescribed
33 by the State Board. For the purposes of this Section, a
34 registration period is closed 27 days before the date of any
35 regular or special election. Registration information shall
36 include, but not be limited to, the following information:

 

 

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1 name, sex, residence, telephone number, if any, age, party
2 affiliation, if applicable, precinct, ward, township, county,
3 and representative, legislative and congressional districts.
4 In the event of noncompliance, the State Board of Elections is
5 directed to obtain compliance forthwith with this
6 nondiscretionary duty of the election authority by instituting
7 legal proceedings in the circuit court of the county in which
8 the election authority maintains the registration information.
9 The costs of furnishing updated copies of tapes or discs shall
10 be paid at a rate of $.00034 per name of registered voters in
11 the election jurisdiction, but not less than $50 per tape or
12 disc and shall be paid from appropriations made to the State
13 Board of Elections for reimbursement to the election authority
14 for such purpose. The State Board shall furnish copies of such
15 tapes, discs, other electronic data or compilations thereof to
16 state political committees registered pursuant to the Illinois
17 Campaign Finance Act or the Federal Election Campaign Act and
18 to governmental entities, at their request and at a reasonable
19 cost. To protect the privacy and confidentiality of voter
20 registration information, the disclosure of electronic voter
21 registration records to any person or entity other than to a
22 State or local political committee and other than to a
23 governmental entity for a governmental purpose is specifically
24 prohibited. Copies of the tapes, discs or other electronic data
25 shall be furnished by the Board of Election Commissioners to
26 local political committees and governmental entities at their
27 request and at a reasonable cost. Reasonable cost of the tapes,
28 discs, et cetera for this purpose would be the cost of
29 duplication plus 15% for administration. The individual
30 representing a political committee requesting copies of such
31 tapes shall make a sworn affidavit that the information shall
32 be used only for bona fide political purposes, including by or
33 for candidates for office or incumbent office holders. Such
34 tapes, discs or other electronic data shall not be used under
35 any circumstances by any political committee or individuals for
36 purposes of commercial solicitation or other business

 

 

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1 purposes. If such tapes contain information on county residents
2 related to the operations of county government in addition to
3 registration information, that information shall not be used
4 under any circumstances for commercial solicitation or other
5 business purposes. The prohibition in this Section against
6 using the computer tapes or computer discs or other electronic
7 data processing information containing voter registration
8 information for purposes of commercial solicitation or other
9 business purposes shall be prospective only from the effective
10 date of this amended Act of 1979. Any person who violates this
11 provision shall be guilty of a Class 4 felony.
12     The State Board of Elections shall promulgate, by October
13 1, 1987, such regulations as may be necessary to ensure
14 uniformity throughout the State in electronic data processing
15 of voter registration information. The regulations shall
16 include, but need not be limited to, specifications for uniform
17 medium, communications protocol and file structure to be
18 employed by the election authorities of this State in the
19 electronic data processing of voter registration information.
20 Each election authority utilizing electronic data processing
21 of voter registration information shall comply with such
22 regulations on and after May 15, 1988.
23     If the applicant for registration was last registered in
24 another county within this State, he shall also sign a
25 certificate authorizing cancellation of the former
26 registration. The certificate shall be in substantially the
27 following form:
28 To the County Clerk of .... County, Illinois.
29 To the Election Commission of the City of ...., Illinois.
30     This is to certify that I am registered in your (county)
31 (city) and that my residence was ..... Having moved out of your
32 (county), (city), I hereby authorize you to cancel that
33 registration in your office.
34     Dated at ...., Illinois, on (insert date).
35
....................
36
(Signature of Voter)

 

 

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1     Attest ...., Clerk, Election Commission of the City of....,
2 Illinois.
3     The cancellation certificate shall be mailed immediately
4 by the clerk of the Election Commission to the county clerk,
5 (or Election Commission as the case may be) where the applicant
6 was formerly registered. Receipt of such certificate shall be
7 full authority for cancellation of any previous registration.
8 (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02;
9 93-574, eff. 8-21-03.)
 
10     (10 ILCS 5/7-8)  (from Ch. 46, par. 7-8)
11     Sec. 7-8. The State central committee shall be composed of
12 one or two members from each congressional district in the
13 State and shall be elected as follows:
14
State Central Committee
15     (a) Within 30 days after the effective date of this
16 amendatory Act of 1983 the State central committee of each
17 political party shall certify to the State Board of Elections
18 which of the following alternatives it wishes to apply to the
19 State central committee of that party.
20     Alternative A. At the primary held on the third Tuesday in
21 March 1970, and at the primary held every 4 years thereafter,
22 each primary elector may vote for one candidate of his party
23 for member of the State central committee for the congressional
24 district in which he resides. The candidate receiving the
25 highest number of votes shall be declared elected State central
26 committeeman from the district. A political party may, in lieu
27 of the foregoing, by a majority vote of delegates at any State
28 convention of such party, determine to thereafter elect the
29 State central committeemen in the manner following:
30     At the county convention held by such political party State
31 central committeemen shall be elected in the same manner as
32 provided in this Article for the election of officers of the
33 county central committee, and such election shall follow the
34 election of officers of the county central committee. Each
35 elected ward, township or precinct committeeman shall cast as

 

 

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1 his vote one vote for each ballot voted in his ward, township,
2 part of a township or precinct in the last preceding primary
3 election of his political party. In the case of a county lying
4 partially within one congressional district and partially
5 within another congressional district, each ward, township or
6 precinct committeeman shall vote only with respect to the
7 congressional district in which his ward, township, part of a
8 township or precinct is located. In the case of a congressional
9 district which encompasses more than one county, each ward,
10 township or precinct committeeman residing within the
11 congressional district shall cast as his vote one vote for each
12 ballot voted in his ward, township, part of a township or
13 precinct in the last preceding primary election of his
14 political party for one candidate of his party for member of
15 the State central committee for the congressional district in
16 which he resides and the Chairman of the county central
17 committee shall report the results of the election to the State
18 Board of Elections. The State Board of Elections shall certify
19 the candidate receiving the highest number of votes elected
20 State central committeeman for that congressional district.
21     The State central committee shall adopt rules to provide
22 for and govern the procedures to be followed in the election of
23 members of the State central committee.
24     After the effective date of this amendatory Act of the 91st
25 General Assembly, whenever a vacancy occurs in the office of
26 Chairman of a State central committee, or at the end of the
27 term of office of Chairman, the State central committee of each
28 political party that has selected Alternative A shall elect a
29 Chairman who shall not be required to be a member of the State
30 Central Committee. The Chairman shall be a registered voter in
31 this State and of the same political party as the State central
32 committee.
33     Alternative B. Each congressional committee shall, within
34 30 days after the adoption of this alternative, appoint a
35 person of the sex opposite that of the incumbent member for
36 that congressional district to serve as an additional member of

 

 

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1 the State central committee until his or her successor is
2 elected at the general primary election in 1986. Each
3 congressional committee shall make this appointment by voting
4 on the basis set forth in paragraph (e) of this Section. In
5 each congressional district at the general primary election
6 held in 1986 and every 4 years thereafter, the male candidate
7 receiving the highest number of votes of the party's male
8 candidates for State central committeeman, and the female
9 candidate receiving the highest number of votes of the party's
10 female candidates for State central committeewoman, shall be
11 declared elected State central committeeman and State central
12 committeewoman from the district. At the general primary
13 election held in 1986 and every 4 years thereafter, if all a
14 party's candidates for State central committeemen or State
15 central committeewomen from a congressional district are of the
16 same sex, the candidate receiving the highest number of votes
17 shall be declared elected a State central committeeman or State
18 central committeewoman from the district, and, because of a
19 failure to elect one male and one female to the committee, a
20 vacancy shall be declared to exist in the office of the second
21 member of the State central committee from the district. This
22 vacancy shall be filled by appointment by the congressional
23 committee of the political party, and the person appointed to
24 fill the vacancy shall be a resident of the congressional
25 district and of the sex opposite that of the committeeman or
26 committeewoman elected at the general primary election. Each
27 congressional committee shall make this appointment by voting
28 on the basis set forth in paragraph (e) of this Section.
29     The Chairman of a State central committee composed as
30 provided in this Alternative B must be selected from the
31 committee's members.
32     Except as provided for in Alternative A with respect to the
33 selection of the Chairman of the State central committee, under
34 both of the foregoing alternatives, the State central committee
35 of each political party shall be composed of members elected or
36 appointed from the several congressional districts of the

 

 

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1 State, and of no other person or persons whomsoever. The
2 members of the State central committee shall, within 30 days
3 after each quadrennial election of the full committee, meet in
4 the city of Springfield and organize by electing a chairman,
5 and may at such time elect such officers from among their own
6 number (or otherwise), as they may deem necessary or expedient.
7 The outgoing chairman of the State central committee of the
8 party shall, 10 days before the meeting, notify each member of
9 the State central committee elected at the primary of the time
10 and place of such meeting. In the organization and proceedings
11 of the State central committee, each State central committeeman
12 and State central committeewoman shall have one vote for each
13 ballot voted in his or her congressional district by the
14 primary electors of his or her party at the primary election
15 immediately preceding the meeting of the State central
16 committee. Whenever a vacancy occurs in the State central
17 committee of any political party, the vacancy shall be filled
18 by appointment of the chairmen of the county central committees
19 of the political party of the counties located within the
20 congressional district in which the vacancy occurs and, if
21 applicable, the ward and township committeemen of the political
22 party in counties of 2,000,000 or more inhabitants located
23 within the congressional district. If the congressional
24 district in which the vacancy occurs lies wholly within a
25 county of 2,000,000 or more inhabitants, the ward and township
26 committeemen of the political party in that congressional
27 district shall vote to fill the vacancy. In voting to fill the
28 vacancy, each chairman of a county central committee and each
29 ward and township committeeman in counties of 2,000,000 or more
30 inhabitants shall have one vote for each ballot voted in each
31 precinct of the congressional district in which the vacancy
32 exists of his or her county, township, or ward cast by the
33 primary electors of his or her party at the primary election
34 immediately preceding the meeting to fill the vacancy in the
35 State central committee. The person appointed to fill the
36 vacancy shall be a resident of the congressional district in

 

 

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1 which the vacancy occurs, shall be a qualified voter, and, in a
2 committee composed as provided in Alternative B, shall be of
3 the same sex as his or her predecessor. A political party may,
4 by a majority vote of the delegates of any State convention of
5 such party, determine to return to the election of State
6 central committeeman and State central committeewoman by the
7 vote of primary electors. Any action taken by a political party
8 at a State convention in accordance with this Section shall be
9 reported to the State Board of Elections by the chairman and
10 secretary of such convention within 10 days after such action.
11
Ward, Township and Precinct Committeemen
12     (b) At the primary held on the third Tuesday in March,
13 1972, and every 4 years thereafter, each primary elector in
14 cities having a population of 200,000 or over may vote for one
15 candidate of his party in his ward for ward committeeman. Each
16 candidate for ward committeeman must be a resident of and in
17 the ward where he seeks to be elected ward committeeman. The
18 one having the highest number of votes shall be such ward
19 committeeman of such party for such ward. At the primary
20 election held on the third Tuesday in March, 1970, and every 4
21 years thereafter, each primary elector in counties containing a
22 population of 2,000,000 or more, outside of cities containing a
23 population of 200,000 or more, may vote for one candidate of
24 his party for township committeeman. Each candidate for
25 township committeeman must be a resident of and in the township
26 or part of a township (which lies outside of a city having a
27 population of 200,000 or more, in counties containing a
28 population of 2,000,000 or more), and in which township or part
29 of a township he seeks to be elected township committeeman. The
30 one having the highest number of votes shall be such township
31 committeeman of such party for such township or part of a
32 township. At the primary held on the third Tuesday in March,
33 1970 and every 2 years thereafter, each primary elector, except
34 in counties having a population of 2,000,000 or over, may vote
35 for one candidate of his party in his precinct for precinct
36 committeeman. Each candidate for precinct committeeman must be

 

 

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1 a bona fide resident of the precinct where he seeks to be
2 elected precinct committeeman. The one having the highest
3 number of votes shall be such precinct committeeman of such
4 party for such precinct. The official returns of the primary
5 shall show the name of the committeeman of each political
6 party.
7     Terms of Committeemen. All precinct committeemen elected
8 under the provisions of this Article shall continue as such
9 committeemen until the date of the primary to be held in the
10 second year after their election. Except as otherwise provided
11 in this Section for certain State central committeemen who have
12 2 year terms, all State central committeemen, township
13 committeemen and ward committeemen shall continue as such
14 committeemen until the date of primary to be held in the fourth
15 year after their election. However, a vacancy exists in the
16 office of precinct committeeman when a precinct committeeman
17 ceases to reside in the precinct in which he was elected and
18 such precinct committeeman shall thereafter neither have nor
19 exercise any rights, powers or duties as committeeman in that
20 precinct, even if a successor has not been elected or
21 appointed.
22     (c) The Multi-Township Central Committee shall consist of
23 the precinct committeemen of such party, in the multi-township
24 assessing district formed pursuant to Section 2-10 of the
25 Property Tax Code and shall be organized for the purposes set
26 forth in Section 45-25 of the Township Code. In the
27 organization and proceedings of the Multi-Township Central
28 Committee each precinct committeeman shall have one vote for
29 each ballot voted in his precinct by the primary electors of
30 his party at the primary at which he was elected.
31
County Central Committee
32     (d) The county central committee of each political party in
33 each county shall consist of the various township committeemen,
34 precinct committeemen and ward committeemen, if any, of such
35 party in the county. In the organization and proceedings of the
36 county central committee, each precinct committeeman shall

 

 

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1 have one vote for each ballot voted in his precinct by the
2 primary electors of his party at the primary at which he was
3 elected; each township committeeman shall have one vote for
4 each ballot voted in his township or part of a township as the
5 case may be by the primary electors of his party at the primary
6 election for the nomination of candidates for election to the
7 General Assembly immediately preceding the meeting of the
8 county central committee; and in the organization and
9 proceedings of the county central committee, each ward
10 committeeman shall have one vote for each ballot voted in his
11 ward by the primary electors of his party at the primary
12 election for the nomination of candidates for election to the
13 General Assembly immediately preceding the meeting of the
14 county central committee.
15
Cook County Board of Review Election District Committee
16     (d-1) Each board of review election district committee of
17 each political party in Cook County shall consist of the
18 various township committeemen and ward committeemen, if any, of
19 that party in the portions of the county composing the board of
20 review election district. In the organization and proceedings
21 of each of the 3 election district committees, each township
22 committeeman shall have one vote for each ballot voted in his
23 or her township or part of a township, as the case may be, by
24 the primary electors of his or her party at the primary
25 election immediately preceding the meeting of the board of
26 review election district committee; and in the organization and
27 proceedings of each of the 3 election district committees, each
28 ward committeeman shall have one vote for each ballot voted in
29 his or her ward or part of that ward, as the case may be, by the
30 primary electors of his or her party at the primary election
31 immediately preceding the meeting of the board of review
32 election district committee.
33
Congressional Committee
34     (e) The congressional committee of each party in each
35 congressional district shall be composed of the chairmen of the
36 county central committees of the counties composing the

 

 

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1 congressional district, except that in congressional districts
2 wholly within the territorial limits of one county, or partly
3 within 2 or more counties, but not coterminous with the county
4 lines of all of such counties, the precinct committeemen,
5 township committeemen and ward committeemen, if any, of the
6 party representing the precincts within the limits of the
7 congressional district, shall compose the congressional
8 committee. A State central committeeman in each district shall
9 be a member and the chairman or, when a district has 2 State
10 central committeemen, a co-chairman of the congressional
11 committee, but shall not have the right to vote except in case
12 of a tie.
13     In the organization and proceedings of congressional
14 committees composed of precinct committeemen or township
15 committeemen or ward committeemen, or any combination thereof,
16 each precinct committeeman shall have one vote for each ballot
17 voted in his precinct by the primary electors of his party at
18 the primary at which he was elected, each township committeeman
19 shall have one vote for each ballot voted in his township or
20 part of a township as the case may be by the primary electors
21 of his party at the primary election immediately preceding the
22 meeting of the congressional committee, and each ward
23 committeeman shall have one vote for each ballot voted in each
24 precinct of his ward located in such congressional district by
25 the primary electors of his party at the primary election
26 immediately preceding the meeting of the congressional
27 committee; and in the organization and proceedings of
28 congressional committees composed of the chairmen of the county
29 central committees of the counties within such district, each
30 chairman of such county central committee shall have one vote
31 for each ballot voted in his county by the primary electors of
32 his party at the primary election immediately preceding the
33 meeting of the congressional committee.
34
Judicial District Committee
35     (f) The judicial district committee of each political party
36 in each judicial district shall be composed of the chairman of

 

 

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1 the county central committees of the counties composing the
2 judicial district.
3     In the organization and proceedings of judicial district
4 committees composed of the chairmen of the county central
5 committees of the counties within such district, each chairman
6 of such county central committee shall have one vote for each
7 ballot voted in his county by the primary electors of his party
8 at the primary election immediately preceding the meeting of
9 the judicial district committee.
10
Circuit Court Committee
11     (g) The circuit court committee of each political party in
12 each judicial circuit outside Cook County shall be composed of
13 the chairmen of the county central committees of the counties
14 composing the judicial circuit.
15     In the organization and proceedings of circuit court
16 committees, each chairman of a county central committee shall
17 have one vote for each ballot voted in his county by the
18 primary electors of his party at the primary election
19 immediately preceding the meeting of the circuit court
20 committee.
21
Judicial Subcircuit Committee
22     (g-1) The judicial subcircuit committee of each political
23 party in each judicial subcircuit in a judicial circuit divided
24 into subcircuits shall be composed of (i) the ward and township
25 committeemen of the townships and wards composing the judicial
26 subcircuit in Cook County and (ii) the precinct committeemen of
27 the precincts composing the judicial subcircuit in any county
28 other than Cook County.
29     In the organization and proceedings of each judicial
30 subcircuit committee, each township committeeman shall have
31 one vote for each ballot voted in his township or part of a
32 township, as the case may be, in the judicial subcircuit by the
33 primary electors of his party at the primary election
34 immediately preceding the meeting of the judicial subcircuit
35 committee; each precinct committeeman shall have one vote for
36 each ballot voted in his precinct or part of a precinct, as the

 

 

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1 case may be, in the judicial subcircuit by the primary electors
2 of his party at the primary election immediately preceding the
3 meeting of the judicial subcircuit committee; and each ward
4 committeeman shall have one vote for each ballot voted in his
5 ward or part of a ward, as the case may be, in the judicial
6 subcircuit by the primary electors of his party at the primary
7 election immediately preceding the meeting of the judicial
8 subcircuit committee.
9
Municipal Central Committee
10     (h) The municipal central committee of each political party
11 shall be composed of the precinct, township or ward
12 committeemen, as the case may be, of such party representing
13 the precincts or wards, embraced in such city, incorporated
14 town or village. The voting strength of each precinct, township
15 or ward committeeman on the municipal central committee shall
16 be the same as his voting strength on the county central
17 committee.
18     For political parties, other than a statewide political
19 party, established only within a municipality or township, the
20 municipal or township managing committee shall be composed of
21 the party officers of the local established party. The party
22 officers of a local established party shall be as follows: the
23 chairman and secretary of the caucus for those municipalities
24 and townships authorized by statute to nominate candidates by
25 caucus shall serve as party officers for the purpose of filling
26 vacancies in nomination under Section 7-61; for municipalities
27 and townships authorized by statute or ordinance to nominate
28 candidates by petition and primary election, the party officers
29 shall be the party's candidates who are nominated at the
30 primary. If no party primary was held because of the provisions
31 of Section 7-5, vacancies in nomination shall be filled by the
32 party's remaining candidates who shall serve as the party's
33 officers.
34
Powers
35     (i) Each committee and its officers shall have the powers
36 usually exercised by such committees and by the officers

 

 

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1 thereof, not inconsistent with the provisions of this Article.
2 The several committees herein provided for shall not have power
3 to delegate any of their powers, or functions to any other
4 person, officer or committee, but this shall not be construed
5 to prevent a committee from appointing from its own membership
6 proper and necessary subcommittees.
7     (j) The State central committee of a political party which
8 elects it members by Alternative B under paragraph (a) of this
9 Section shall adopt a plan to give effect to the delegate
10 selection rules of the national political party and file a copy
11 of such plan with the State Board of Elections when approved by
12 a national political party.
13     (k) For the purpose of the designation of a proxy by a
14 Congressional Committee to vote in place of an absent State
15 central committeeman or committeewoman at meetings of the State
16 central committee of a political party which elects its members
17 by Alternative B under paragraph (a) of this Section, the proxy
18 shall be appointed by the vote of the ward and township
19 committeemen, if any, of the wards and townships which lie
20 entirely or partially within the Congressional District from
21 which the absent State central committeeman or committeewoman
22 was elected and the vote of the chairmen of the county central
23 committees of those counties which lie entirely or partially
24 within that Congressional District and in which there are no
25 ward or township committeemen. When voting for such proxy the
26 county chairman, ward committeeman or township committeeman,
27 as the case may be shall have one vote for each ballot voted in
28 his county, ward or township, or portion thereof within the
29 Congressional District, by the primary electors of his party at
30 the primary at which he was elected. However, the absent State
31 central committeeman or committeewoman may designate a proxy
32 when permitted by the rules of a political party which elects
33 its members by Alternative B under paragraph (a) of this
34 Section.
35     Notwithstanding any law to the contrary, a person is
36 ineligible to hold the position of committeeperson in any

 

 

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1 committee established pursuant to this Section if he or she is
2 statutorily ineligible to vote in a general election because of
3 conviction of a felony. When a committeeperson is convicted of
4 a felony, the position occupied by that committeeperson shall
5 automatically become vacant.
6 (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03;
7 revised 9-22-03.)
 
8     (10 ILCS 5/7-9)  (from Ch. 46, par. 7-9)
9     Sec. 7-9. County central committee; county and State
10 conventions.
11     (a) On the 29th day second Monday next succeeding the
12 primary at which committeemen are elected, the county central
13 committee of each political party shall meet within at the
14 county seat of the proper county and proceed to organize by
15 electing from its own number a chairman and either from its own
16 number, or otherwise, such other officers as such committee may
17 deem necessary or expedient. Such meeting of the county central
18 committee shall be known as the county convention.
19     The chairman of each county committee shall within 10 days
20 after the organization, forward to the State Board of
21 Elections, the names and post office addresses of the officers,
22 precinct committeemen and representative committeemen elected
23 by his political party.
24     The county convention of each political party shall choose
25 delegates to the State convention of its party; but in any
26 county having within its limits any city having a population of
27 200,000, or over the delegates from such city shall be chosen
28 by wards, the ward committeemen from the respective wards
29 choosing the number of delegates to which such ward is entitled
30 on the basis prescribed in paragraph (e) of this Section such
31 delegates to be members of the delegation to the State
32 convention from such county. In all counties containing a
33 population of 2,000,000 or more outside of cities having a
34 population of 200,000 or more, the delegates from each of the
35 townships or parts of townships as the case may be shall be

 

 

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1 chosen by townships or parts of townships as the case may be,
2 the township committeemen from the respective townships or
3 parts of townships as the case may be choosing the number of
4 delegates to which such townships or parts of townships as the
5 case may be are entitled, on the basis prescribed in paragraph
6 (e) of this Section such delegates to be members of the
7 delegation to the State convention from such county.
8     Each member of the State Central Committee of a political
9 party which elects its members by Alternative B under paragraph
10 (a) of Section 7-8 shall be a delegate to the State Convention,
11 ex officio.
12     Each member of the State Central Committee of a political
13 party which elects its members by Alternative B under paragraph
14 (a) of Section 7-8 may appoint 2 delegates to the State
15 Convention who must be residents of the member's Congressional
16 District.
17     (b) State conventions shall be held within 180 days after
18 the general primary in the year 2000 and every 4 years
19 thereafter. In the year 1998, and every 4 years thereafter, the
20 chairman of a State central committee may issue a call for a
21 State convention within 180 days after the general primary.
22     The State convention of each political party has power to
23 make nominations of candidates of its political party for the
24 electors of President and Vice President of the United States,
25 and to adopt any party platform, and, to the extent determined
26 by the State central committee as provided in Section 7-14, to
27 choose and select delegates and alternate delegates at large to
28 national nominating conventions. The State Central Committee
29 may adopt rules to provide for and govern the procedures of the
30 State convention.
31     (c) The chairman and secretary of each State convention
32 shall, within 2 days thereafter, transmit to the State Board of
33 Elections of this State a certificate setting forth the names
34 and addresses of all persons nominated by such State convention
35 for electors of President and Vice President of the United
36 States, and of any persons selected by the State convention for

 

 

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1 delegates and alternate delegates at large to national
2 nominating conventions; and the names of such candidates so
3 chosen by such State convention for electors of President and
4 Vice President of the United States, shall be caused by the
5 State Board of Elections to be printed upon the official ballot
6 at the general election, in the manner required by law, and
7 shall be certified to the various county clerks of the proper
8 counties in the manner as provided in Section 7-60 of this
9 Article 7 for the certifying of the names of persons nominated
10 by any party for State offices. If and as long as this Act
11 prescribes that the names of such electors be not printed on
12 the ballot, then the names of such electors shall be certified
13 in such manner as may be prescribed by the parts of this Act
14 applicable thereto.
15     (d) Each convention may perform all other functions
16 inherent to such political organization and not inconsistent
17 with this Article.
18     (e) At least 33 days before the date of a State convention,
19 the chairman of the State central committee of each political
20 party shall file in the principal office of the State Board of
21 Elections a call for the State convention. Such call shall
22 state, among other things, the time and place (designating the
23 building or hall) for holding the State convention. Such call
24 shall be signed by the chairman and attested by the secretary
25 of the committee. In such convention each county shall be
26 entitled to one delegate for each 500 ballots voted by the
27 primary electors of the party in such county at the primary to
28 be held next after the issuance of such call; and if in such
29 county, less than 500 ballots are so voted or if the number of
30 ballots so voted is not exactly a multiple of 500, there shall
31 be one delegate for such group which is less than 500, or for
32 such group representing the number of votes over the multiple
33 of 500, which delegate shall have 1/500 of one vote for each
34 primary vote so represented by him. The call for such
35 convention shall set forth this paragraph (e) of Section 7-9 in
36 full and shall direct that the number of delegates to be chosen

 

 

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1 be calculated in compliance herewith and that such number of
2 delegates be chosen.
3     (f) All precinct, township and ward committeemen when
4 elected as provided in this Section shall serve as though
5 elected at large irrespective of any changes that may be made
6 in precinct, township or ward boundaries and the voting
7 strength of each committeeman shall remain as provided in this
8 Section for the entire time for which he is elected.
9     (g) The officers elected at any convention provided for in
10 this Section shall serve until their successors are elected as
11 provided in this Act.
12     (h) A special meeting of any central committee may be
13 called by the chairman, or by not less than 25% of the members
14 of such committee, by giving 5 days notice to members of such
15 committee in writing designating the time and place at which
16 such special meeting is to be held and the business which it is
17 proposed to present at such special meeting.
18     (i) Except as otherwise provided in this Act, whenever a
19 vacancy exists in the office of precinct committeeman because
20 no one was elected to that office or because the precinct
21 committeeman ceases to reside in the precinct or for any other
22 reason, the chairman of the county central committee of the
23 appropriate political party may fill the vacancy in such office
24 by appointment of a qualified resident of the county and the
25 appointed precinct committeeman shall serve as though elected;
26 however, no such appointment may be made between the general
27 primary election and the 30th 14th day after the general
28 primary election.
29     (j) If the number of Congressional Districts in the State
30 of Illinois is reduced as a result of reapportionment of
31 Congressional Districts following a federal decennial census,
32 the State Central Committeemen and Committeewomen of a
33 political party which elects its State Central Committee by
34 either Alternative A or by Alternative B under paragraph (a) of
35 Section 7-8 who were previously elected shall continue to serve
36 as if no reapportionment had occurred until the expiration of

 

 

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1 their terms.
2 (Source: P.A. 89-5, eff. 1-1-96; 90-627, eff. 7-10-98.)
 
3     (10 ILCS 5/7-41)  (from Ch. 46, par. 7-41)
4     Sec. 7-41. (a) All officers upon whom is imposed by law the
5 duty of designating and providing polling places for general
6 elections, shall provide in each such polling place so
7 designated and provided, a sufficient number of booths for such
8 primary election, which booths shall be provided with shelves,
9 such supplies and pencils as will enable the voter to prepare
10 his ballot for voting and in which voters may prepare their
11 ballots screened from all observation as to the manner in which
12 they do so. Such booths shall be within plain view of the
13 election officers and both they and the ballot boxes shall be
14 within plain view of those within the proximity of the voting
15 booths. No person other than election officers and the
16 challengers allowed by law and those admitted for the purpose
17 of voting, as hereinafter provided, shall be permitted within
18 the proximity of the voting booths, except by authority of the
19 primary officers to keep order and enforce the law.
20     (b) The number of such voting booths shall not be less than
21 one to every seventy-five voters or fraction thereof, who voted
22 at the last preceding election in the precinct or election
23 district.
24     (c) No person shall do any electioneering or soliciting of
25 votes on primary day within any polling place or within one
26 hundred feet of any polling place, or, at the option of a
27 church or private school, on any of the property of that church
28 or private school that is a polling place. Election officers
29 shall place 2 or more cones, small United States national
30 flags, or some other marker a distance of 100 horizontal feet
31 from each entrance to the room used by voters to engage in
32 voting, which shall be known as the polling room. If the
33 polling room is located within a building that is a private
34 business, a public or private school, or a church or other
35 organization founded for the purpose of religious worship and

 

 

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1 the distance of 100 horizontal feet ends within the interior of
2 the building, then the markers shall be placed outside of the
3 building at each entrance used by voters to enter that building
4 on the grounds adjacent to the thoroughfare or walkway. If the
5 polling room is located within a public or private building
6 with 2 or more floors and the polling room is located on the
7 ground floor, then the markers shall be placed 100 horizontal
8 feet from each entrance to the polling room used by voters to
9 engage in voting. If the polling room is located in a public or
10 private building with 2 or more floors and the polling room is
11 located on a floor above or below the ground floor, then the
12 markers shall be placed a distance of 100 feet from the nearest
13 elevator or staircase used by voters on the ground floor to
14 access the floor where the polling room is located. The area
15 within where the markers are placed shall be known as a
16 campaign free zone, and electioneering is prohibited pursuant
17 to this subsection. Notwithstanding any other provision of this
18 Section, a church or private school may choose to apply the
19 campaign free zone to its entire property, and, if so, the
20 markers shall be placed near the boundaries on the grounds
21 adjacent to the thoroughfares or walkways leading to the
22 entrances used by the voters.
23     The area on polling place property beyond the campaign free
24 zone, whether publicly or privately owned, is a public forum
25 for the time that the polls are open on an election day. At the
26 request of election officers any publicly owned building must
27 be made available for use as a polling place. A person shall
28 have the right to congregate and engage in electioneering on
29 any polling place property while the polls are open beyond the
30 campaign free zone, including but not limited to, the placement
31 of temporary signs. This subsection shall be construed
32 liberally in favor of persons engaging in electioneering on all
33 polling place property beyond the campaign free zone for the
34 time that the polls are open on an election day.
35     (d) The regulation of electioneering on polling place
36 property on an election day, including but not limited to the

 

 

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1 placement of temporary signs, is an exclusive power and
2 function of the State. A home rule unit may not regulate
3 electioneering and any ordinance or local law contrary to
4 subsection (c) is declared void. This is a denial and
5 limitation of home rule powers and functions under subsection
6 (h) of Section 6 of Article VII of the Illinois Constitution.
7 (Source: P.A. 93-574, eff. 8-21-03.)
 
8     (10 ILCS 5/9-1.5)  (from Ch. 46, par. 9-1.5)
9     Sec. 9-1.5. Expenditure defined.
10     "Expenditure" means-
11         (1) a payment, distribution, purchase, loan, advance,
12     deposit, or gift of money or anything of value, in
13     connection with the nomination for election, or election,
14     of any person to public office, in connection with the
15     election of any person as ward or township committeeman in
16     counties of 3,000,000 or more population, or in connection
17     with any question of public policy. "Expenditure" also
18     includes a payment, distribution, purchase, loan, advance,
19     deposit, or gift of money or anything of value that
20     constitutes an electioneering communication regardless of
21     whether the communication is made in concert or cooperation
22     with or at the request, suggestion, or knowledge of a the
23     candidate, a the candidate's authorized local political
24     committee, a State political committee, a political
25     committee in support of or opposition to a question of
26     public policy, or any of their agents. However, expenditure
27     does not include -
28         (a) the use of real or personal property and the cost
29     of invitations, food, and beverages, voluntarily provided
30     by an individual in rendering voluntary personal services
31     on the individual's residential premises for
32     candidate-related activities; provided the value of the
33     service provided does not exceed an aggregate of $150 in a
34     reporting period;
35         (b) the sale of any food or beverage by a vendor for

 

 

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1     use in a candidate's campaign at a charge less than the
2     normal comparable charge, if such charge for use in a
3     candidate's campaign is at least equal to the cost of such
4     food or beverage to the vendor.
5     (2) a transfer of funds between political committees.
6 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03.)
 
7     (10 ILCS 5/9-1.7)   (from Ch. 46, par. 9-1.7)
8     Sec. 9-1.7. "Local political committee" means the
9 candidate himself or any individual, trust, partnership,
10 committee, association, corporation, or other organization or
11 group of persons which:
12         (a) accepts contributions or grants or makes
13     expenditures during any 12-month period in an aggregate
14     amount exceeding $3,000 on behalf of or in opposition to a
15     candidate or candidates for public office who are required
16     by the Illinois Governmental Ethics Act to file statements
17     of economic interests with the county clerk, or on behalf
18     of or in opposition to a candidate or candidates for
19     election to the office of ward or township committeeman in
20     counties of 3,000,000 or more population;
21         (b) accepts contributions or makes expenditures during
22     any 12-month period in an aggregate amount exceeding $3,000
23     in support of or in opposition to any question of public
24     policy to be submitted to the electors of an area
25     encompassing no more than one county; or
26         (c) accepts contributions or makes expenditures during
27     any 12-month period in an aggregate amount exceeding $3,000
28     and has as its primary purpose the furtherance of
29     governmental, political or social values, is organized on a
30     not-for-profit basis, and which publicly endorses or
31     publicly opposes a candidate or candidates for public
32     office who are required by the Illinois Governmental Ethics
33     Act to file statements of economic interest with the County
34     Clerk or a candidate or candidates for the office of ward
35     or township committeeman in counties of 3,000,000 or more

 

 

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1     population; or .
2         (d) accepts contributions or makes expenditures during
3     any 12-month period in an aggregate amount exceeding $3,000
4     for electioneering communications relating to any
5     candidate or candidates described in paragraph (a) or any
6     question of public policy described in paragraph (b).
7 (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.)
 
8     (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
9     Sec. 9-1.8. "State political committee" means the
10 candidate himself or any individual, trust, partnership,
11 committee, association, corporation, or any other organization
12 or group of persons which--
13     (a) accepts contributions or grants or makes expenditures
14 during any 12-month period in an aggregate amount exceeding
15 $3,000 on behalf of or in opposition to a candidate or
16 candidates for public office who are required by the Illinois
17 Governmental Ethics Act to file statements of economic
18 interests with the Secretary of State,
19     (b) accepts contributions or makes expenditures during any
20 12-month period in an aggregate amount exceeding $3,000 in
21 support of or in opposition to any question of public policy to
22 be submitted to the electors of an area encompassing more than
23 one county, or
24     (c) accepts contributions or makes expenditures during any
25 12-month period in an aggregate amount exceeding $3,000 and has
26 as its primary purpose the furtherance of governmental,
27 political or social values, is organized on a not-for-profit
28 basis, and which publicly endorses or publicly opposes a
29 candidate or candidates for public office who are required by
30 the Illinois Governmental Ethics Act to file statements of
31 economic interest with the Secretary of State, or .
32     (d) accepts contributions or makes expenditures during any
33 12-month period in an aggregate amount exceeding $3,000 for
34 electioneering communications relating to any candidate or
35 candidates described in paragraph (a) or any question of public

 

 

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1 policy described in paragraph (b).
2 (Source: P.A. 90-737, eff. 1-1-99.)
 
3     (10 ILCS 5/9-1.9)   (from Ch. 46, par. 9-1.9)
4     Sec. 9-1.9. "Political committee" includes State central
5 and county central committees of any political party, and also
6 includes local political committees and state political
7 committees, but does not include any candidate who does not
8 accept contributions or make expenditures during any 12-month
9 period in an aggregate amount exceeding $3,000, nor does it
10 include, with the exception of State central and county central
11 committees of any political party, any individual, trust,
12 partnership, committee, association, corporation, or any other
13 organization or group of persons which does not (i) accept
14 contributions or make expenditures during any 12-month period
15 in an aggregate amount exceeding $3,000 on behalf of or in
16 opposition to a candidate or candidates or to any question of
17 public policy or (ii) accept contributions or make expenditures
18 during any 12-month period in an aggregate amount exceeding
19 $3,000 for electioneering communications relating to any
20 candidate or candidates described in paragraph (a) of Section
21 9-1.7 or 9-1.8 or any question of public policy described in
22 paragraph (b) of Section 9-1.7 or 9-1.8, and such candidates
23 and persons shall not be required to comply with any filing
24 provisions in this Article.
25 (Source: P.A. 90-737, eff. 1-1-99.)
 
26     (10 ILCS 5/9-1.14)
27     Sec. 9-1.14. Electioneering communication defined.
28     (a) "Electioneering communication" means, for the purposes
29 of this Article, any form of communication, in whatever medium,
30 including but not limited to a , newspaper, radio, television,
31 or Internet communication and newspaper communications, that
32 (1) refers to a clearly identified candidate or , candidates who
33 will appear on the ballot, refers to a clearly identified or
34 political party, or refers to a clearly identified question of

 

 

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1 public policy that will appear on the ballot and (2) is made
2 within (i) 60 days before a general election or consolidated
3 election for the office sought by the candidate or (ii) 30 days
4 before a general primary election for the office sought by the
5 candidate.
6     (b) "Electioneering communication" does not include:
7         (1) A communication, other than an advertisement
8     advertisements, appearing in a news story, commentary, or
9     editorial distributed through the facilities of any
10     legitimate news organization, unless the facilities are
11     owned or controlled by any political party, political
12     committee, or candidate.
13         (2) A communication made solely to promote a candidate
14     debate or forum that is made by or on behalf of the person
15     sponsoring the debate or forum.
16         (3) A communication made as part of a non-partisan
17     activity designed to encourage individuals to vote or to
18     register to vote.
19         (4) A communication by an organization operating and
20     remaining in good standing under Section 501(c)(3) of the
21     Internal Revenue Code of 1986.
22 (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
23 revised 1-5-04.)
 
24     (10 ILCS 5/9-9.5)
25     Sec. 9-9.5. Disclosures in political communications. Any
26 political committee, organized under the Election Code, that
27 makes an expenditure for a pamphlet, circular, handbill,
28 Internet communication, radio, television, or print
29 advertisement, or other communication directed at voters and
30 mentioning the name of a candidate in the next upcoming
31 election shall ensure that the name of the political committee
32 paying for any part of the communication, including, but not
33 limited to, its preparation and distribution, is identified
34 clearly within the communication as the payor. This Section
35 does not apply to items that are too small to contain the

 

 

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1 required disclosure. Nothing in this Section shall require
2 disclosure on any telephone communication using random
3 sampling or other scientific survey methods to gauge public
4 opinion for or against any candidate or question of public
5 policy.
6 (Source: P.A. 93-615, eff. 11-19-03.)
 
7     (10 ILCS 5/10-14)  (from Ch. 46, par. 10-14)
8     Sec. 10-14. Not less than 67 61 days before the date of the
9 general election the State Board of Elections shall certify to
10 the county clerk of each county the name of each candidate
11 whose nomination papers, certificate of nomination or
12 resolution to fill a vacancy in nomination has been filed with
13 the State Board of Elections and direct the county clerk to
14 place upon the official ballot for the general election the
15 names of such candidates in the same manner and in the same
16 order as shown upon the certification. The name of no candidate
17 for an office to be filled by the electors of the entire state
18 shall be placed upon the official ballot unless his name is
19 duly certified to the county clerk upon a certificate signed by
20 the members of the State Board of Elections. The names of group
21 candidates on petitions shall be certified to the several
22 county clerks in the order in which such names appear on such
23 petitions filed with the State Board of Elections.
24     Not less than 61 55 days before the date of the general
25 election, each county clerk shall certify the names of each of
26 the candidates for county offices whose nomination papers,
27 certificates of nomination or resolutions to fill a vacancy in
28 nomination have been filed with such clerk and declare that the
29 names of such candidates for the respective offices shall be
30 placed upon the official ballot for the general election in the
31 same manner and in the same order as shown upon the
32 certification. Each county clerk shall place a copy of the
33 certification on file in his or her office and at the same time
34 issue to the State Board of Elections a copy of such
35 certification. In addition, each county clerk in whose county

 

 

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1 there is a board of election commissioners shall, not less than
2 55 days before the election, certify to the board of election
3 commissioners the name of the person or persons nominated for
4 such office as shown by the certificate of the State Board of
5 Elections, together with the names of all other candidates as
6 shown by the certification of county officers on file in the
7 clerk's office, and in the order so certified. The county clerk
8 or board of election commissioners shall print the names of the
9 nominees on the ballot for each office in the order in which
10 they are certified to or filed with the county clerk; provided,
11 that in printing the name of nominees for any office, if any of
12 such nominees have also been nominated by one or more political
13 parties pursuant to this Act, the location of the name of such
14 candidate on the ballot for nominations made under this Article
15 shall be precisely in the same order in which it appears on the
16 certification of the State Board of Elections to the county
17 clerk.
18     For the general election, the candidates of new political
19 parties shall be placed on the ballot for said election after
20 the established political party candidates and in the order of
21 new political party petition filings.
22     Each certification shall indicate, where applicable, the
23 following:
24     (1) The political party affiliation if any, of the
25 candidates for the respective offices;
26     (2) If there is to be more than one candidate elected to an
27 office from the State, political subdivision or district;
28     (3) If the voter has the right to vote for more than one
29 candidate for an office;
30     (4) The term of office, if a vacancy is to be filled for
31 less than a full term or if the offices to be filled in a
32 political subdivision are for different terms.
33     The State Board of Elections or the county clerk, as the
34 case may be, shall issue an amended certification whenever it
35 is discovered that the original certification is in error.
36 (Source: P.A. 86-867.)
 

 

 

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1     (10 ILCS 5/12-5)  (from Ch. 46, par. 12-5)
2     Sec. 12-5. Notice for public questions. For all elections
3 held after July 1, 1999, notice of public questions shall be
4 required only as set forth in this Section or as set forth in
5 Section 17-3 or 19-3 of the School Code. Not more than 30 days
6 nor less than 10 days before the date of a regular election at
7 which a public question is to be submitted to the voters of a
8 political or governmental subdivision, and at least 20 days
9 before an emergency referendum, the election authority shall
10 publish notice of the referendum. The notice shall be published
11 once in a local, community newspaper having general circulation
12 in the political or governmental subdivision. The notice shall
13 also be given at least 10 days before the date of the election
14 by posting a copy of the notice at the principal office of the
15 election authority. The local election official shall also post
16 a copy of the notice at the principal office of the political
17 or governmental subdivision, or if there is no principal office
18 at the building in which the governing body of the political or
19 governmental subdivision held its first meeting of the calendar
20 year in which the referendum is being held. The election
21 authority and the political or governmental subdivision may,
22 but are not required to, post the notice electronically on
23 their World Wide Web pages. The notice, which shall appear over
24 the name or title of the election authority, shall be
25 substantially in the following form:
26         NOTICE IS HEREBY GIVEN that at the election to be held
27     on (insert day of the week), (insert date of election), the
28     following proposition will be submitted to the voters of
29     (name of political or governmental subdivision):
30     (insert the public question as it will appear on the
31     ballot)
32         The polls at the election will be open at 6:00 o'clock
33     A.M. and will continue to be open until 7:00 o'clock P.M.
34     of that day.
35         Dated (date of notice)

 

 

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1         (Name or title of the election authority)
2 The notice shall also include any additional information
3 required by the statute authorizing the public question. The
4 notice may include an explanation, in neutral and plain
5 language, of the question and its purposes supplied by the
6 governing body of the political or governmental subdivision to
7 whose voters the question is to be submitted. The notice shall
8 set forth the precincts and polling places at which the
9 referendum will be conducted only in the case of emergency
10 referenda.
11 (Source: P.A. 91-57, eff. 6-30-99; 92-6, eff. 6-7-01.)
 
12     (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)
13     Sec. 17-29. (a) No judge of election, pollwatcher, or other
14 person shall, at any primary or election, do any electioneering
15 or soliciting of votes or engage in any political discussion
16 within any polling place, or within 100 feet of any polling
17 place, or, at the option of a church or private school, on any
18 of the property of that church or private school that is a
19 polling place; no person shall interrupt, hinder or oppose any
20 voter while approaching within those areas 100 feet of any
21 polling place for the purpose of voting. Judges of election
22 shall enforce the provisions of this Section.
23     (b) Election officers shall place 2 or more cones, small
24 United States national flags, or some other marker a distance
25 of 100 horizontal feet from each entrance to the room used by
26 voters to engage in voting, which shall be known as the polling
27 room. If the polling room is located within a building that is
28 a private business, a public or private school, or a church or
29 other organization founded for the purpose of religious worship
30 and the distance of 100 horizontal feet ends within the
31 interior of the building, then the markers shall be placed
32 outside of the building at each entrance used by voters to
33 enter that building on the grounds adjacent to the thoroughfare
34 or walkway. If the polling room is located within a public or
35 private building with 2 or more floors and the polling room is

 

 

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1 located on the ground floor, then the markers shall be placed
2 100 horizontal feet from each entrance to the polling room used
3 by voters to engage in voting. If the polling room is located
4 in a public or private building with 2 or more floors and the
5 polling room is located on a floor above or below the ground
6 floor, then the markers shall be placed a distance of 100 feet
7 from the nearest elevator or staircase used by voters on the
8 ground floor to access the floor where the polling room is
9 located. The area within where the markers are placed shall be
10 known as a campaign free zone, and electioneering is prohibited
11 pursuant to this subsection. Notwithstanding any other
12 provision of this Section, a church or private school may
13 choose to apply the campaign free zone to its entire property,
14 and, if so, the markers shall be placed near the boundaries on
15 the grounds adjacent to the thoroughfares or walkways leading
16 to the entrances used by the voters.
17     The area on polling place property beyond the campaign free
18 zone, whether publicly or privately owned, is a public forum
19 for the time that the polls are open on an election day. At the
20 request of election officers any publicly owned building must
21 be made available for use as a polling place. A person shall
22 have the right to congregate and engage in electioneering on
23 any polling place property while the polls are open beyond the
24 campaign free zone, including but not limited to, the placement
25 of temporary signs. This subsection shall be construed
26 liberally in favor of persons engaging in electioneering on all
27 polling place property beyond the campaign free zone for the
28 time that the polls are open on an election day.
29     (c) The regulation of electioneering on polling place
30 property on an election day, including but not limited to the
31 placement of temporary signs, is an exclusive power and
32 function of the State. A home rule unit may not regulate
33 electioneering and any ordinance or local law contrary to
34 subsection (c) is declared void. This is a denial and
35 limitation of home rule powers and functions under subsection
36 (h) of Section 6 of Article VII of the Illinois Constitution.

 

 

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1 (Source: P.A. 93-574, eff. 8-21-03.)
 
2     (10 ILCS 5/19-2.2)  (from Ch. 46, par. 19-2.2)
3     Sec. 19-2.2. (a) During the period beginning on the 40th
4 day preceding an election and continuing through the day
5 preceding such election, no advertising pertaining to any
6 candidate or proposition to be voted upon shall be displayed in
7 or within 100 feet of any room used by voters pursuant to this
8 Article, or, at the option of a church or private school, on
9 any of the property of that church or private school that is a
10 polling place; nor shall any person engage in electioneering in
11 or within 100 feet of any such room, or, at the option of a
12 church or private school, on any of the property of that church
13 or private school that is a polling place. Any person who
14 violates this Section may be punished as for contempt of court.
15     (b) Election officers shall place 2 or more cones, small
16 United States national flags, or some other marker a distance
17 of 100 horizontal feet from each entrance to the room used by
18 voters to engage in voting, or, at the option of a church or
19 private school, on any of the property of that church or
20 private school that is a polling place, which shall be known as
21 the polling room. If the polling room is located within a
22 building that is a private business, a public or private
23 school, or a church or other organization founded for the
24 purpose of religious worship and the distance of 100 horizontal
25 feet ends within the interior of the building, then the markers
26 shall be placed outside of the building at each entrance used
27 by voters to enter that building on the grounds adjacent to the
28 thoroughfare or walkway. If the polling room is located within
29 a public or private building with 2 or more floors and the
30 polling room is located on the ground floor, then the markers
31 shall be placed 100 horizontal feet from each entrance to the
32 polling room used by voters to engage in voting. If the polling
33 room is located in a public or private building with 2 or more
34 floors and the polling room is located on a floor above or
35 below the ground floor, then the markers shall be placed a

 

 

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1 distance of 100 feet from the nearest elevator or staircase
2 used by voters on the ground floor to access the floor where
3 the polling room is located. The area within where the markers
4 are placed shall be known as a campaign free zone, and
5 electioneering is prohibited pursuant to this subsection.
6 Notwithstanding any other provision of this Section, a church
7 or private school may choose to apply the campaign free zone to
8 its entire property, and, if so, the markers shall be placed
9 near the boundaries on the grounds adjacent to the
10 thoroughfares or walkways leading to the entrances used by the
11 voters.
12     The area on polling place property beyond the campaign free
13 zone, whether publicly or privately owned, is a public forum
14 for the time that the polls are open on an election day. At the
15 request of election officers any publicly owned building must
16 be made available for use as a polling place. A person shall
17 have the right to congregate and engage in electioneering on
18 any polling place property while the polls are open beyond the
19 campaign free zone, including but not limited to, the placement
20 of temporary signs. This subsection shall be construed
21 liberally in favor of persons engaging in electioneering on all
22 polling place property beyond the campaign free zone for the
23 time that the polls are open on an election day.
24     (c) The regulation of electioneering on polling place
25 property on an election day, including but not limited to the
26 placement of temporary signs, is an exclusive power and
27 function of the State. A home rule unit may not regulate
28 electioneering and any ordinance or local law contrary to
29 subsection (b) is declared void. This is a denial and
30 limitation of home rule powers and functions under subsection
31 (h) of Section 6 of Article VII of the Illinois Constitution.
32 (Source: P.A. 93-574, eff. 8-21-03.)
 
33     (10 ILCS 5/21-2)  (from Ch. 46, par. 21-2)
34     Sec. 21-2. The county clerks of the several counties shall,
35 within 21 8 days next after holding the election named in

 

 

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1 subsection (1) of Section 2A-1.2 and Section 2A-2 make 2 copies
2 of the abstract of the votes cast for electors by each
3 political party or group, as indicated by the voter, as
4 aforesaid, by a cross in the square to the left of the bracket
5 aforesaid, or as indicated by a cross in the appropriate place
6 preceding the appellation or title of the particular political
7 party or group, and transmit by mail one of the copies to the
8 office of the State Board of Elections and retain the other in
9 his office, to be sent for by the electoral board in case the
10 other should be mislaid. Within 31 20 days after the holding of
11 such election, and sooner if all the returns are received by
12 the State Board of Elections, the State Board of Election,
13 shall proceed to open and canvass said election returns and to
14 declare which set of candidates for President and
15 Vice-President received, as aforesaid, the highest number of
16 votes cast at such election as aforesaid; and the electors of
17 that party whose candidates for President and Vice-President
18 received the highest number of votes so cast shall be taken and
19 deemed to be elected as electors of President and
20 Vice-President, but should 2 or more sets of candidates for
21 President and Vice-President be returned with an equal and the
22 highest vote, the State Board of Elections shall cause a notice
23 of the same to be published, which notice shall name some day
24 and place, not less than 5 days from the time of such
25 publication of such notice, upon which the State Board of
26 Elections will decide by lot which of the sets of candidates
27 for President and Vice-President so equal and highest shall be
28 declared to be highest. And upon the day and at the place so
29 appointed in the notice, the board shall so decide by lot and
30 declare which is deemed highest of the sets of candidates for
31 President and Vice-President so equal and highest, thereby
32 determining only that the electors chosen as aforesaid by such
33 candidates' party or group are thereby elected by general
34 ticket to be such electors.
35 (Source: P.A. 84-861.)
 

 

 

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1     (10 ILCS 5/22-1)   (from Ch. 46, par. 22-1)
2     Sec. 22-1. Abstracts of votes. Within 21 7 days after the
3 close of the election at which candidates for offices
4 hereinafter named in this Section are voted upon, the county
5 clerks of the respective counties, with the assistance of the
6 chairmen of the county central committees of the Republican and
7 Democratic parties of the county, shall open the returns and
8 make abstracts of the votes on a separate sheet for each of the
9 following:
10     A. For Governor and Lieutenant Governor;
11     B. For State officers;
12     C. For presidential electors;
13     D. For United States Senators and Representatives to
14 Congress;
15     E. For judges of the Supreme Court;
16     F. For judges of the Appellate Court;
17     G. For judges of the circuit court;
18     H. For Senators and Representatives to the General
19 Assembly;
20     I. For State's Attorneys elected from 2 or more counties;
21     J. For amendments to the Constitution, and for other
22 propositions submitted to the electors of the entire State;
23     K. For county officers and for propositions submitted to
24 the electors of the county only;
25     L. For Regional Superintendent of Schools;
26     M. For trustees of Sanitary Districts; and
27     N. For Trustee of a Regional Board of School Trustees.
28     Multiple originals of each of the sheets shall be prepared
29 and one of each shall be turned over to the chairman of the
30 county central committee of each of the then existing
31 established political parties, as defined in Section 10-2, or
32 his duly authorized representative immediately after the
33 completion of the entries on the sheets and before the totals
34 have been compiled.
35     The foregoing abstracts shall be preserved by the county
36 clerk in his office.

 

 

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1     Whenever any county chairman is also county clerk or
2 whenever any county chairman is unable to serve as a member of
3 such canvassing board the vice-chairman or secretary of his
4 county central committee, in that order, shall serve in his
5 place as member of such canvassing board; provided, that if
6 none of these persons is able to serve, the county chairman may
7 appoint a member of his county central committee to serve as a
8 member of such canvassing board.
9     The powers and duties of the county canvassing board are
10 limited to those specified in this Section. In no event shall
11 such canvassing board open any package in which the ballots
12 have been wrapped or any envelope containing "defective" or
13 "objected to" ballots, or in any manner undertake to examine
14 the ballots used in the election, except as provided in Section
15 22-9.1 or when directed by a court in an election contest. Nor
16 shall such canvassing board call in the precinct judges of
17 election or any other persons to open or recount the ballots.
18 (Source: P.A. 89-5, eff. 1-1-96.)
 
19     (10 ILCS 5/22-3)  (from Ch. 46, par. 22-3)
20     Sec. 22-3. When two (2) or more persons receive an equal
21 and the highest number of votes for an office to be filled by
22 the county alone, the county clerk shall issue a notice to such
23 persons of such tie vote, and require them to appear at his
24 office, on a day named in the notice, no later than 21 days
25 following an election within ten (10) days from the day of
26 election, and determine by lot which of them is to be declared
27 elected.
28 (Source: Laws 1943, vol. 2, p. 1.)
 
29     (10 ILCS 5/22-7)   (from Ch. 46, par. 22-7)
30     Sec. 22-7. Canvass of votes; declaration and proclamation
31 of result. The State Board of Elections, shall proceed within
32 31 20 days after the election, and sooner if all the returns
33 are received, to canvass the votes given for United States
34 Senators and Representatives to Congress, State executive

 

 

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1 officers, judges of the Supreme Court, judges of the Appellate
2 Court, judges of the Circuit Court, Senators, Representatives
3 to the General Assembly, State's Attorneys and Regional
4 Superintendents of Schools elected from 2 or more counties,
5 respectively, and the persons having the highest number of
6 votes for the respective offices shall be declared duly
7 elected, but if it appears that more than the number of persons
8 to be elected have the highest and an equal number of votes for
9 the same office, the electoral board shall decide by lot which
10 of such persons shall be elected; and to each person duly
11 elected, the Governor shall give a certificate of election or
12 commission, as the case may require, and shall cause
13 proclamation to be made of the result of the canvass, and they
14 shall at the same time and in the same manner, canvass the vote
15 cast upon amendments to the Constitution, and upon other
16 propositions submitted to the electors of the entire State; and
17 the Governor shall cause to be made such proclamation of the
18 result of the canvass as the statutes elsewhere provide. The
19 State Board of Elections shall transmit to the State
20 Comptroller a list of the persons elected to the various
21 offices. The State Board of Elections shall also transmit to
22 the Supreme Court the names of persons elected to judgeships in
23 adversary elections and the names of judges who fail to win
24 retention in office.
25 (Source: P.A. 89-5, eff. 1-1-96.)
 
26     (10 ILCS 5/22-8)   (from Ch. 46, par. 22-8)
27     Sec. 22-8. In municipalities operating under Article 6 of
28 this Act, within 21 7 days after the close of such election, a
29 judge of the circuit court, with the assistance of the city
30 attorney and the board of election commissioners, who are
31 hereby declared a canvassing board for such city, shall open
32 all returns left respectively, with the election
33 commissioners, the county clerk, and city comptroller, and
34 shall make abstracts or statements of the votes in the
35 following manner, as the case may require, viz: All votes for

 

 

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1 Governor and Lieutenant Governor on one sheet; all votes for
2 other State officers on another sheet; all votes for
3 presidential electors on another sheet; all votes for United
4 States Senators and Representatives to Congress on another
5 sheet; all votes for judges of the Supreme Court on another
6 sheet; all votes for judges of the Appellate Court on another
7 sheet; all votes for Judges of the Circuit Court on another
8 sheet; all votes for Senators and Representatives to the
9 General Assembly on another sheet; all votes for State's
10 Attorneys where elected from 2 or more counties on another
11 sheet; all votes for County Officers on another sheet; all
12 votes for City Officers on another sheet; all votes for Town
13 Officers on another sheet; and all votes for any other office
14 on a separate and appropriate sheet; all votes for any
15 proposition, which may be submitted to a vote of the people, on
16 another sheet, and all votes against any proposition, submitted
17 to a vote of the people, on another sheet.
18     Multiple originals of each of the sheets shall be prepared
19 and one of each shall be turned over to the chairman of the
20 county central committee of each of the then existing
21 established political parties, as defined in Section 10-2, or
22 his duly authorized representative immediately after the
23 completion of the entries on the sheets and before the totals
24 have been compiled.
25 (Source: P.A. 77-2626.)
 
26     (10 ILCS 5/22-17)   (from Ch. 46, par. 22-17)
27     Sec. 22-17. (a) Except as provided in subsection (b), the
28 canvass of votes cast at the nonpartisan and consolidated
29 elections shall be conducted by the following canvassing boards
30 within 21 7 days after the close of such elections:
31         1. For city offices, by the mayor, the city attorney
32     and the city clerk.
33         2. For village and incorporated town offices, by the
34     president of the board of trustees, one member of the board
35     of trustees, and the village or incorporated town clerk.

 

 

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1         3. For township offices, by the township supervisor,
2     the eligible town trustee elected in the township who has
3     the longest term of continuous service as town trustee, and
4     the township clerk.
5         4. For road district offices, by the highway
6     commissioner and the road district clerk.
7         5. For school district or community college district
8     offices, by the school or community college district board.
9         6. For special district elected offices, by the board
10     of the special district.
11         7. For multi-county educational service region
12     offices, by the regional board of school trustees.
13         8. For township trustee of schools or land
14     commissioner, by the township trustees of schools or land
15     commissioners.
16         9. For park district offices, by the president of the
17     park board, one member of the board of park commissioners
18     and the secretary of the park district.
19         10. For multi-township assessment districts, by the
20     chairman, clerk, and assessor of the multi-township
21     assessment district.
22     (b) The city canvassing board provided in Section 22-8
23 shall canvass the votes cast at the nonpartisan and
24 consolidated elections for offices of any political
25 subdivision entirely within the jurisdiction of a municipal
26 board of election commissioners.
27     (c) The canvass of votes cast upon any public questions
28 submitted to the voters of any political subdivision, or any
29 precinct or combination of precincts within a political
30 subdivision, at any regular election or at any emergency
31 referendum election, including votes cast by voters outside of
32 the political subdivision where the question is for annexation
33 thereto, shall be canvassed by the same board provided for in
34 this Section for the canvass of votes of the officers of such
35 political subdivision. However, referenda conducted throughout
36 a county and referenda of sanitary districts whose officers are

 

 

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1 elected at general elections shall be canvassed by the county
2 canvassing board. The votes cast on a public question for the
3 formation of a political subdivision shall be canvassed by the
4 circuit court that ordered the question submitted, or by such
5 officers of the court as may be appointed for such purpose,
6 except where in the formation or reorganization of a school
7 district or districts the regional superintendent of schools is
8 designated by law as the canvassing official.
9     (d) The canvass of votes for offices of political
10 subdivisions cast at special elections to fill vacancies held
11 on the day of any regular election shall be conducted by the
12 canvassing board which is responsible for canvassing the votes
13 at the regularly scheduled election for such office.
14 (Source: P.A. 87-738; 87-1052.)
15     Section 7. The Counties Code is amended by changing Section
16 2-3007 as follows:
 
17     (55 ILCS 5/2-3007)  (from Ch. 34, par. 2-3007)
18     Sec. 2-3007. Chairman of county board; election and term.
19 Any county board when providing for the reapportionment of its
20 county under this Division may provide that the chairman of the
21 county board shall be elected by the voters of the county
22 rather than by the members of the board. In that event,
23 provision shall be made for the election throughout the county
24 of the chairman of the county board, but in counties over
25 3,000,000 population no person may be elected to serve as such
26 chairman who has not been elected as a county board member to
27 serve during the same period as the term of office as chairman
28 of the county board to which he seeks election. In counties
29 over 450,000 population and under 3,000,000 population, the
30 chairman shall be elected as chairman without having been first
31 elected to the county board. Such chairman shall not vote on
32 any question except to break a tie vote. In all other counties
33 the chairman may either be elected as a county board member or
34 elected as the chairman without having been first elected to

 

 

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1 the board. Except in counties where the chairman of the county
2 board is elected by the voters of the county and is not
3 required to be a county board member, whether the chairman of
4 the county board is elected by the voters of the county or by
5 the members of the board, he shall be elected to a 2 year term.
6 In counties where the chairman of the county board is elected
7 by the voters of the county and is not required to be a county
8 board member, the chairman shall be elected to a 4 year term.
9 In all cases, the term of the chairman of the county board
10 shall commence on the third first Monday of the month following
11 the month in which members of the county board are elected.
12 (Source: P.A. 86-926; 86-1429; 86-1475.)
13     Section 10. The Township Code is amended by changing
14 Sections 50-15 and 50-40 as follows:
 
15     (60 ILCS 1/50-15)
16     Sec. 50-15. Time of entering upon duties.
17     (a) In all counties, the township collectors elected at the
18 township election shall enter upon their duties on January 1
19 next following their election and qualification.
20     (b) In all counties, township supervisors and township
21 clerks shall enter upon their duties on the third first Monday
22 of May following their election.
23     (c) Beginning with elections in 1981 in all counties, the
24 township and multi-township assessors shall enter upon their
25 duties on January 1 next following their election.
26 (Source: P.A. 90-210, eff. 7-25-97.)
 
27     (60 ILCS 1/50-40)
28     Sec. 50-40. Township trustees; time of election and terms.
29 Except in townships organized under Article 15, at the regular
30 township election provided in the general election law there
31 shall be elected 4 members to serve on the township board. They
32 shall be known as township trustees and shall hold their office
33 for a term of 4 years beginning the third first Monday of May

 

 

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1 following their election and until their successors are elected
2 and qualified.
3 (Source: P.A. 90-210, eff. 7-25-97.)
4     Section 15. The Illinois Municipal Code is amended by
5 changing Sections 3.1-10-5, 3.1-10-15, 3.1-20-25, 5-2-2, and
6 5-5-1 as follows:
 
7     (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
8     Sec. 3.1-10-5. Qualifications; elective office.
9     (a) A person is not eligible for an elective municipal
10 office unless that person is a qualified elector of the
11 municipality and has resided in the municipality at least one
12 year next preceding the election.
13     (b) A person is not eligible for an elective municipal
14 office if that person is in arrears in the payment of a tax or
15 other indebtedness due to the municipality or has been
16 convicted in any court located in the United States of any
17 infamous crime, bribery, perjury, or other felony.
18     (c) A person is not eligible for the office of alderman of
19 a ward or trustee of a district unless that person has resided
20 in the ward that the person seeks to represent, and a person is
21 not eligible for the office of trustee of a district unless
22 that person has resided in the municipality, at least one year
23 next preceding the election or appointment, except as provided
24 in subsection (c) of Section 3.1-20-25, subsection (b) of
25 Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
26 (Source: P.A. 91-667, eff. 6-1-00.)
 
27     (65 ILCS 5/3.1-10-15)  (from Ch. 24, par. 3.1-10-15)
28     Sec. 3.1-10-15. Commencement of terms. The terms of elected
29 municipal officers shall commence at the first regular or
30 special meeting of the corporate authorities during the month
31 of May April following the proclamation of the results of the
32 regular municipal election at which the officers were elected,
33 except as otherwise provided by ordinance fixing the date for

 

 

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1 inauguration of newly elected officers of a municipality. The
2 ordinance shall not, however, fix the time for inauguration of
3 newly elected officers later than the first regular or special
4 meeting of the corporate authorities in the month of June May
5 following the election.
6 (Source: P.A. 87-1119.)
 
7     (65 ILCS 5/3.1-20-25)  (from Ch. 24, par. 3.1-20-25)
8     Sec. 3.1-20-25. Redistricting a city.
9     (a) In the formation of wards, the number of inhabitants of
10 the city immediately preceding the division of the city into
11 wards shall be as nearly equal in population, and the wards
12 shall be of as compact and contiguous territory, as
13 practicable. Wards shall be created in a manner so that, as far
14 as practicable, no precinct shall be divided between 2 or more
15 wards.
16     (b) Whenever an official census shows that a city contains
17 more or fewer wards than it is entitled to, the city council of
18 the city, by ordinance, shall redistrict the city into as many
19 wards as the city is entitled. This redistricting shall be
20 completed not less than 30 days before the first day set by the
21 general election law for the filing of candidate petitions for
22 the next succeeding election for city officers. At this
23 election there shall be elected the number of aldermen to which
24 the city is entitled, except as provided in subsection (c).
25     (c) If it appears from any official census that a city has
26 the requisite number of inhabitants to authorize it to increase
27 the number of aldermen, the city council shall immediately
28 proceed to redistrict the city and shall hold the next city
29 election in accordance with the new redistricting. At this
30 election the aldermen whose terms of office are not expiring
31 shall be considered aldermen for the new wards respectively in
32 which their residences are situated. At this election a
33 candidate for alderman may be elected from any ward that
34 contains a part of the ward in which he or she resided at least
35 one year next preceding the election that follows the

 

 

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1 redistricting, and, if elected, that person may be reelected
2 from the new ward he or she represents if he or she resides in
3 that ward for at least one year next preceding reelection. If
4 there are 2 or more aldermen with terms of office not expiring
5 and residing in the same ward under the new redistricting, the
6 alderman who holds over for that ward shall be determined by
7 lot in the presence of the city council, in the manner directed
8 by the council, and all other aldermen shall fill their
9 unexpired terms as aldermen-at-large. The aldermen-at-large,
10 if any, shall have the same powers and duties as all other
11 aldermen, but upon the expiration of their terms the offices of
12 aldermen-at-large shall be abolished.
13     (d) If the redistricting results in one or more wards in
14 which no aldermen reside whose terms of office have not
15 expired, 2 aldermen shall be elected in accordance with Section
16 3.1-20-35, unless the city elected only one alderman per ward
17 pursuant to a referendum under subsection (a) of Section
18 3.1-20-20.
19     (e) A redistricting ordinance that has decreased the number
20 of wards of a city because of a decrease in population of the
21 city shall not be effective if, not less than 60 days before
22 the time fixed for the next succeeding general municipal
23 election, an official census is officially published that shows
24 that the city has regained a population that entitles it to the
25 number of wards that it had just before the passage of the last
26 redistricting ordinance.
27 (Source: P.A. 87-1119.)
 
28     (65 ILCS 5/5-2-2)  (from Ch. 24, par. 5-2-2)
29     Sec. 5-2-2. Except as otherwise provided in Section 5-2-3,
30 the number of aldermen, when not elected by the minority
31 representation plan, shall be as follows: In cities not
32 exceeding 3,000 inhabitants, 6 aldermen; exceeding 3,000, but
33 not exceeding 15,000, 8 aldermen; exceeding 15,000 but not
34 exceeding 20,000, 10 aldermen; exceeding 20,000 but not
35 exceeding 30,000, 14 aldermen; and 2 additional aldermen for

 

 

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1 every 20,000 inhabitants over 30,000. In all cities of less
2 than 500,000, 20 aldermen shall be the maximum number permitted
3 except as otherwise provided in the case of aldermen-at-large.
4 No redistricting shall be required in order to reduce the
5 number of aldermen heretofore provided for. Two aldermen shall
6 be elected to represent each ward.
7     If it appears from any census specified in Section 5-2-5
8 and taken not earlier than 1940 that any city has the requisite
9 number of inhabitants to authorize it to increase the number of
10 aldermen, the city council shall immediately proceed to
11 redistrict the city in accordance with the provisions of
12 Section 5-2-5, and it shall hold the next city election in
13 accordance with the new redistricting. At this election the
14 aldermen whose terms of office are not expiring shall be
15 considered aldermen for the new wards respectively in which
16 their residences are situated. At this election a candidate for
17 alderman may be elected from any ward that contains a part of
18 the ward in which he or she resided at least one year next
19 preceding the election that follows the redistricting, and, if
20 elected, that person may be reelected from the new ward he or
21 she represents if he or she resides in that ward for at least
22 one year next preceding reelection. If there are 2 or more
23 aldermen with terms of office not expiring and residing in the
24 same ward under the new redistricting, the alderman who holds
25 over for that ward shall be determined by lot in the presence
26 of the city council, in whatever manner the council shall
27 direct and all other aldermen shall fill their unexpired terms
28 as aldermen-at-large. The aldermen-at-large, if any, shall
29 have the same power and duties as all other aldermen but upon
30 expiration of their terms the offices of aldermen-at-large
31 shall be abolished.
32     If the re-districting results in one or more wards in which
33 no aldermen reside whose terms of office have not expired, 2
34 aldermen shall be elected in accordance with the provisions of
35 Section 5-2-8.
36 (Source: Laws 1961, p. 576.)
 

 

 

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1     (65 ILCS 5/5-5-1)  (from Ch. 24, par. 5-5-1)
2     Sec. 5-5-1. Petition for abandonment of managerial form;
3 referendum; succeeding elections of officers and aldermen or
4 trustees.
5     (a) A city or village that has operated for 4 years or more
6 under the managerial form of municipal government may abandon
7 that organization as provided in this Section. For the purposes
8 of this Article, the operation of the managerial form of
9 municipal government shall be deemed to begin on the date of
10 the appointment of the first manager in the city or village.
11 When a petition for abandonment signed by electors of the
12 municipality equal in number to at least 10% of the number of
13 votes cast for candidates for mayor at the preceding general
14 quadrennial municipal election is filed with the circuit court
15 for the county in which that city or village is located, the
16 court shall set a date not less than 10 nor more than 30 days
17 thereafter for a hearing on the sufficiency of the petition.
18 Notice of the filing of the petition and of the date of the
19 hearing shall be given in writing to the city or village clerk
20 and to the mayor or village president at least 7 days before
21 the date of the hearing. If the petition is found sufficient,
22 the court shall enter an order directing that the proposition
23 be submitted at an election other than a primary election for
24 the municipality. The clerk of the court shall certify the
25 proposition to the proper election authorities for submission.
26 The proposition shall be in substantially the following form:
27         Shall (name of city or village) retain the managerial
28     form of municipal government?
29     (b) If the majority of the votes at the election are "yes",
30 then the proposition to abandon is rejected and the
31 municipality shall continue operating under this Article 5. If
32 the majority of the votes are "no", then the proposition to
33 abandon operation under this Article 5 is approved.
34     (c) If the proposition for abandonment is approved, the
35 city or village shall become subject to Article 3.1 or Article

 

 

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1 4, whichever Article was in force in the city or village
2 immediately before the adoption of the plan authorized by this
3 Article 5, upon the election and qualification of officers to
4 be elected at the next succeeding general municipal election.
5 Those officers shall be those prescribed by Article 3.1 or
6 Article 4, as the case may be, but the change shall not in any
7 manner or degree affect the property rights or liabilities of
8 the city or village. The mayor, clerk, and treasurer and all
9 other elected officers of a city or village in office at the
10 time the proposition for abandonment is approved shall continue
11 in office until the expiration of the term for which they were
12 elected.
13     (d) If a city or village operating under this Article 5 has
14 aldermen or trustees elected from wards or districts and a
15 proposition to abandon operation under this Article 5 is
16 approved, then the officers to be elected at the next
17 succeeding general municipal election shall be elected from the
18 same wards or districts as exist immediately before the
19 abandonment.
20     (e) If a city or village operating under this Article 5 has
21 a council or village board elected from the municipality at
22 large and a proposition to abandon operation under this Article
23 5 is approved, then the first group of aldermen, board of
24 trustees, or commissioners so elected shall be of the same
25 number as was provided for in the municipality at the time of
26 the adoption of a plan under this Article 5, with the same ward
27 or district boundaries in cities or villages that immediately
28 before the adoption of this Article 5 had wards or districts,
29 unless the municipal boundaries have been changed. If there has
30 been such a change, the council or village board shall so alter
31 the former ward or district boundaries so as to conform as
32 nearly as possible to the former division. If the plan
33 authorized by this Article 5 is abandoned, the next general
34 municipal election for officers shall be held at the time
35 specified in Section 3.1-10-75 or 3.1-25-15 for that election.
36 The aldermen or trustees elected at that election shall, if the

 

 

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1 city or village was operating under Article 3 at the time of
2 adoption of this Article 5 and had at that time staggered 4
3 year terms of office for the aldermen or trustees, choose by
4 lot which shall serve initial 2 year terms as provided by
5 Section 3.1-20-35 or 3.1-15-5, whichever may be applicable, in
6 the case of election of those officers at the first election
7 after a municipality is incorporated.
8     (f) The proposition to abandon the managerial form of
9 municipal government shall not be submitted in any city or
10 village oftener than once in 12 46 months.
11 (Source: P.A. 87-1119.)
12     Section 20. The Revised Cities and Villages Act of 1941 is
13 amended by changing Sections 21-5, 21-12, 21-14, and 21-22 as
14 follows:
 
15     (65 ILCS 20/21-5)  (from Ch. 24, par. 21-5)
16     Sec. 21-5. Mayor; Term of office.
17     (a) The mayor of the city of Chicago shall be elected in
18 1943 and quadrennially thereafter in a nonpartisan election.
19 The candidate receiving a majority of the votes cast for mayor
20 at the consolidated primary election shall be declared mayor.
21 If no candidate receives a majority of the votes, a runoff
22 election shall be held at the consolidated election, when only
23 the names of the candidates receiving the highest and second
24 highest number of votes at the consolidated primary election
25 shall appear on the ballot. If more than one candidate received
26 the highest or second highest number of votes at the
27 consolidated primary election, the names of all candidates
28 receiving the highest and second highest number of votes shall
29 appear on the ballot at the consolidated election. The
30 candidate receiving the highest number of votes at the
31 consolidated election shall be declared elected.
32     (b) The mayor shall hold his or her office for 4 years
33 beginning at noon on the third first Monday in May following
34 his or her election, and until his or her successor is elected

 

 

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1 and qualified.
2 (Source: P.A. 91-667, eff. 6-1-00.)
 
3     (65 ILCS 20/21-12)  (from Ch. 24, par. 21-12)
4     Sec. 21-12. City clerk and city treasurer; Election;
5 Tenure. At the time of election of the mayor there shall be
6 elected also a city clerk and a city treasurer. The candidates
7 receiving a majority of the votes cast for clerk and treasurer
8 at the consolidated primary election shall be declared the
9 clerk and treasurer. If no candidate receives a majority of the
10 votes for one of the offices, a runoff election shall be held
11 at the consolidated election, when only the names of the
12 candidates receiving the highest and second highest number of
13 votes for that office at the consolidated primary election
14 shall appear on the ballot. If more than one candidate received
15 the highest or second highest number of votes for one of the
16 offices at the consolidated primary election, the names of all
17 candidates receiving the highest and second highest number of
18 votes for that office shall appear on the ballot at the
19 consolidated election. The candidate receiving the highest
20 number of votes at the consolidated election shall be declared
21 elected.
22     The clerk and treasurer each shall hold office for a term
23 of 4 years beginning at noon on the third first Monday in May
24 following the election and until a successor is elected and
25 qualified. No person, however, shall be elected to the office
26 of city treasurer for 2 terms in succession.
27 (Source: P.A. 91-667, eff. 6-1-00.)
 
28     (65 ILCS 20/21-14)  (from Ch. 24, par. 21-14)
29     Sec. 21-14. Member residency before election; member not to
30 hold other office.
31     (a) No member may be elected or appointed to the city
32 council after the effective date of this amendatory Act of the
33 93rd 91st General Assembly unless he or she has resided in the
34 ward he or she seeks to represent at least one year next

 

 

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1 preceding 2 years before the date of the election or
2 appointment. In the election following redistricting, a
3 candidate for alderman may be elected from any ward containing
4 a part of the ward in which he or she resided for at least one
5 year next preceding the 2 years before the election that
6 follows the redistricting, and, if elected, that person may be
7 reelected from the new ward he or she represents if he or she
8 resides in that ward for at least one year next preceding 18
9 months before the reelection.
10     (b) No member of the city council shall at the same time
11 hold any other civil service office under the federal, state or
12 city government, except if such member is granted a leave of
13 absence from such civil service office, or except in the
14 National Guard, or as a notary public, and except such honorary
15 offices as go by appointment without compensation.
16 (Source: P.A. 91-358, eff. 7-29-99.)
 
17     (65 ILCS 20/21-22)  (from Ch. 24, par. 21-22)
18     Sec. 21-22. General election for aldermen; vacancies.
19     (a) A general election for aldermen shall be held in the
20 year 1943 and every 4 years thereafter, at which one alderman
21 shall be elected from each of the 50 wards provided for by this
22 Article. The aldermen elected shall serve for a term of 4 years
23 beginning at noon on the third first Monday in May following
24 the election of city officers, and until their successors are
25 elected and have qualified. All elections for aldermen shall be
26 in accordance with the provisions of law in force and operative
27 in the City of Chicago for such elections at the time the
28 elections are held.
29     (b) Vacancies occurring in the office of alderman shall be
30 filled in the manner prescribed for filling vacancies in
31 Section 3.1-10-50 of the Illinois Municipal Code. An
32 appointment to fill a vacancy shall be made within 60 days
33 after the vacancy occurs. The requirement that an appointment
34 be made within 60 days is an exclusive power and function of
35 the State and is a denial and limitation under Article VII,

 

 

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1 Section 6, subsection (h) of the Illinois Constitution of the
2 power of a home rule municipality to require that an
3 appointment be made within a different period after the vacancy
4 occurs.
5 (Source: P.A. 91-667, eff. 6-1-00.)
6     Section 25. The Fire Protection District Act is amended by
7 changing Section 4a as follows:
 
8     (70 ILCS 705/4a)  (from Ch. 127 1/2, par. 24.1)
9     Sec. 4a. Any fire protection district organized under this
10 Act may determine, in either manner provided in the following
11 items (1) and (2) of this Section, to have an elected, rather
12 than an appointed, board of trustees.
13         (1) If the district lies wholly within a single
14     township but does not also lie wholly within a
15     municipality, the township board of trustees may
16     determine, by ordinance, to have an elected board of
17     trustees.
18         (2) Upon presentation to the board of trustees of a
19     petition, signed by not less than 10% of the electors of
20     the district, requesting that a proposition for the
21     election of trustees be submitted to the electors of the
22     district, the secretary of the board of trustees shall
23     certify the proposition to the appropriate election
24     authorities who shall submit the proposition at a regular
25     election in accordance with the general election law. The
26     general election law shall apply to and govern such
27     election. The proposition shall be in substantially the
28     following form:
29 -------------------------------------------------------------
30         Shall the trustees of......       YES
31         Fire Protection District be     -------------------------
32         elected, rather than appointed?   NO
33 -------------------------------------------------------------
34         If a majority of the votes cast on such proposition are

 

 

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1     in the affirmative, the trustees of the district shall
2     thereafter be elected as provided by this Section.
3     At the next regular election for trustees as provided by
4 the general election law, a district that has approved by
5 ordinance or referendum to have its trustees elected rather
6 than appointed shall elect 3, 5, or 7 trustees, as previously
7 determined by the organization of the district or as increased
8 under Section 4.01 or 4.02. The initial elected trustees shall
9 be elected for 2, 4, and 6 year terms. In a district with 3
10 trustees, one trustee shall be elected for a term of 2 years,
11 one for a term of 4 years, and one for a term of 6 years. In a
12 district with 5 trustees, 2 shall be elected for terms of 2
13 years, 2 for terms of 4 years, and one for a term of 6 years. In
14 a district with 7 trustees, 3 shall be elected for terms of 2
15 years, 2 for terms of 4 years, and 2 for terms of 6 years.
16 Except as otherwise provided in Section 2A-54 of the Election
17 Code, the term of each elected trustee shall commence on the
18 third first Monday of the month following the month of his
19 election and until his successor is elected and qualified. The
20 length of the terms of the trustees first elected shall be
21 determined by lot at their first meeting. Except as otherwise
22 provided in Section 2A-54 of the Election Code, thereafter,
23 each trustee shall be elected to serve for a term of 6 years
24 commencing on the third first Monday of the month following the
25 month of his election and until his successor is elected and
26 qualified.
27     No party designation shall appear on the ballot for
28 election of trustees. The provisions of the general election
29 law shall apply to and govern the nomination and election of
30 trustees.
31     The provisions of Section 4 relating to eligibility, powers
32 and disabilities of trustees shall apply equally to elected
33 trustees.
34     Whenever a fire protection district determines to elect
35 trustees as provided in this Section, the trustees appointed
36 pursuant to Section 4 shall continue to constitute the board of

 

 

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1 trustees until the third first Monday of the month following
2 the month of the first election of trustees. If the term of
3 office of any appointed trustees expires before the first
4 election of trustees, the authority which appointed that
5 trustee under Section 4 of this Act shall appoint a successor
6 to serve until a successor is elected and has qualified. The
7 terms of all appointed trustees in such district shall expire
8 on the third first Monday of the month following the month of
9 the first election of trustees under this Section or when
10 successors have been elected and have qualified, whichever
11 occurs later.
12 (Source: P.A. 90-358, eff. 1-1-98.)
13     Section 30. The Downstate Forest Preserve District Act is
14 amended by changing Section 3.5 as follows:
 
15     (70 ILCS 805/3.5)
16     Sec. 3.5. Elected board of commissioners.
17     (a) In counties with a population more than 30,000 but less
18 than 90,000, in each forest preserve district organized after
19 the effective date of this amendatory Act of 1997 or in which,
20 on the effective date of this amendatory Act of 1997, the
21 commissioners of the district are appointed by the presiding
22 officer of the county board under Section 3a, the commissioners
23 shall be elected as provided in this Section, rather than
24 appointed, beginning with the first consolidated election
25 following the effective date of this amendatory Act of 1997.
26 There shall be 5 elected commissioners, elected from the
27 district at large. Each commissioner must be a resident of the
28 district. The terms of all elected commissioners shall commence
29 on the third first Monday of the month following the month of
30 election. No party designation shall appear on the ballot for
31 the election of commissioners. The terms of all commissioners
32 appointed under Section 3a in a district to which this Section
33 applies shall expire on the third first Monday of the month
34 following the month of the first election of commissioners in

 

 

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1 that district under this Section.
2     If before August 20, 1993 (the effective date of Public Act
3 88-443) in a county with a population of 30,000 or less a
4 presiding officer of a county board appointed the commissioners
5 of the forest preserve district and if that presiding officer
6 has, since August 20, 1993, continued to appoint the
7 commissioners of the forest preserve district, then those
8 appointments made after August 20, 1993, if made in compliance
9 with Section 3a, are validated.
10     (b) The initial elected commissioners shall, no later than
11 45 days after taking office, divide themselves publicly by lot
12 as equally as possible into 2 groups. Commissioners or their
13 successors from one group shall be elected for terms of 4
14 years; the initial elected commissioners from the second group
15 shall serve for terms of 2 years, and their successors shall be
16 elected for terms of 4 years.
17     (c) The commissioners shall elect from among their number a
18 president of the board of commissioners.
19     (d) Whenever a vacancy occurs in the office of
20 commissioner, whether by death, resignation, refusal to
21 qualify, no longer residing in the district, or for any other
22 reason, the board of commissioners shall declare that a vacancy
23 exists. The vacancy shall be filled within 60 days by
24 appointment of the president of the board of commissioners,
25 with the advice and consent of the other commissioners. The
26 appointee shall be eligible to serve as commissioner. The
27 appointee shall serve the remainder of the unexpired term. If,
28 however, more than 28 months remain in the term, the
29 appointment shall be until the next consolidated election, at
30 which time the vacated office of commissioner shall be filled
31 by election for the remainder of the term.
32     If a vacancy occurs in the office of president of the board
33 of commissioners, the remaining commissioners shall elect one
34 of their number to serve as president for the balance of the
35 unexpired term of the president in whose office the vacancy
36 occurred.

 

 

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1     (e) Except as otherwise provided in this Section, elected
2 commissioners shall have the same powers and duties, and shall
3 be entitled to the same compensation, as enjoyed by
4 commissioners before the effective date of this amendatory Act
5 of 1993.
6 (Source: P.A. 90-190, eff. 7-24-97.)
7     Section 35. The Public Library District Act of 1991 is
8 amended by changing Sections 30-10 and 30-40 as follows:
 
9     (75 ILCS 16/30-10)
10     Sec. 30-10. Election and terms of trustees.
11     (a) Trustees shall be elected every 2 years at the regular
12 election scheduled for trustees of public library districts
13 under the Election Code for 6-year terms. Seven trustees shall
14 constitute a board.
15     (b) The trustees' terms shall be staggered. After the first
16 election, the trustees shall determine, by lot, 2 trustees to
17 serve for terms of 2 years, 2 trustees to serve for terms of 4
18 years, and 3 trustees to serve for terms of 6 years. The terms
19 of all trustees shall begin on the third 1st Monday of the
20 month next following the month of the election.
21     (c) At each election of trustees after the first election,
22 the trustees elected to succeed those whose terms have expired
23 shall hold office for the full term of 6 years from the third
24 1st Monday of the month next following the election and until
25 their respective successors are elected and qualified.
26     (d) A district may provide by resolution of the board that
27 the term of its trustees shall be 4 years. If the board adopts
28 such a resolution, then if 3 trustees are to be elected at the
29 next election or if 2 trustees are to be elected at each of the
30 next 2 elections, one of the trustees elected at the next
31 election (to be determined by lot at the first meeting after
32 that election) shall serve a 2 year term.
33 (Source: P.A. 87-1277.)
 

 

 

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1     (75 ILCS 16/30-40)
2     Sec. 30-40. Organization of board; qualification and oath
3 of trustees.
4     (a) Within 74 60 days after their election or appointment,
5 the incumbent and new trustees shall take their oath of office
6 as prescribed by law and meet to organize the board.
7     (b) The first action taken at the meeting shall be the
8 election of a president, a vice-president, a secretary, and a
9 treasurer from among the trustees. The secretary shall then
10 record the membership of the board.
11     (c) Trustees duly elected or appointed as certified by the
12 appropriate election authority or appointing authority shall
13 be qualified to serve as trustees under this Act. The required
14 oath shall be taken and subscribed before a notary public or
15 the secretary of the board.
16     (d) Within 60 days after the organization of the board, the
17 secretary shall file, with the county clerk of the county
18 containing all or a larger portion of the district and with the
19 Illinois State Librarian, a statement listing the names and
20 addresses of the trustees and officers and their respective
21 terms in office. The secretary shall report a vacancy on the
22 board to the county clerk and the State Librarian within 60
23 days after it occurs and shall report the filling of a vacancy
24 within 60 days after it is filled.
25     (e) The first officers shall serve until the next regular
26 election of trustees. Thereafter, officers shall serve for
27 terms set by ordinance but not to exceed 2 years, ending on the
28 third first Monday of the month following each regular election
29 or until their successors are duly elected by the board. A
30 vacancy in any office shall be filled by the board for the
31 unexpired term.
32 (Source: P.A. 87-1277.)
33     Section 40. The School Code is amended by changing Sections
34 5-14, 6-17, 10-5, and 10-16 as follows:
 

 

 

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1     (105 ILCS 5/5-14)  (from Ch. 122, par. 5-14)
2     Sec. 5-14. Term of office of successors - Vacancies.
3 Successors to the trustees whose terms of office expire at the
4 time prescribed in Section 5-13, and their successors, shall
5 hold their offices for 6 years and until their respective
6 successors are elected and qualified. Trustees of schools shall
7 enter upon the duties of their office on the third first Monday
8 of the month following their election.
9     Whenever a vacancy occurs, the remaining trustees shall
10 fill the vacancy until the next regular school election, at
11 which election a successor shall be elected to serve the
12 remainder of the unexpired term. However, if the vacancy occurs
13 with less than 28 months remaining in the term, or if the
14 vacancy occurs less than 88 days before the next regularly
15 scheduled election for this office then the person so appointed
16 shall serve the remainder of the unexpired term, and no
17 election to fill the vacancy shall be held. The successor shall
18 have the same residential qualifications as his predecessor.
19 Should they fail so to act, within 30 days after the vacancy
20 occurs, the regional superintendent of the region in which the
21 township lies, or if the township is divided by a county line
22 or lines, the regional superintendent of the region in which a
23 majority of the children, who reside in districts subject to
24 the jurisdiction of the trustees of schools of such township,
25 attend school, shall within 15 days after the remaining
26 trustees have failed to fill the vacancy, fill the vacancy as
27 provided for herein. The successor shall have the same type of
28 residential qualifications as his predecessor.
29 (Source: P.A. 86-1441.)
 
30     (105 ILCS 5/6-17)  (from Ch. 122, par. 6-17)
31     Sec. 6-17. Election of president - Terms of members. Except
32 as otherwise provided in Section 2A-54 of the Election Code, on
33 the third first Monday in May, following the first election, or
34 if such day is a holiday then the next day, the regional
35 superintendent of schools who shall be the ex-officio secretary

 

 

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1 of the board shall convene the newly elected regional board of
2 school trustees for the purpose of organization. Except as
3 provided in Section 2A-54 of the Election Code, at this meeting
4 the members shall elect a president from among their number who
5 shall serve as president for a term of 2 years and shall
6 determine by lot the length of the term of each member so that
7 2 shall serve for a term of 2 years, 2 for 4 years and 3 for 6
8 years from the third first Monday of the month following the
9 date of their election. Except as provided in Section 2A-54 of
10 the Election Code, thereafter members shall be elected to serve
11 for a term of 6 years from the third first Monday of the month
12 following the date of their election or until their successors
13 are elected and qualified.
14     All succeeding meetings for the purpose of organization
15 shall be held on the third first Monday in May following the
16 election; however, in case the third first Monday in May is a
17 holiday the organization meeting shall be held on the next day.
18     If educational service regions are consolidated under
19 Section 3A-3 or 3A-4 of this Act, however, the expiring terms
20 of members of each regional board of school trustees in those
21 regions being consolidated shall be extended so as to terminate
22 on the first Monday of August of the year that consolidation
23 takes effect, as defined in Section 3A-5 of this Act, and, on
24 such day, the Regional Superintendent of the consolidated
25 region shall convene all the members of each regional board of
26 school trustees in the consolidated region, and shall by lot
27 select from among such trustees an interim regional board of
28 school trustees for the consolidated region in accord with the
29 specifications as to membership and residency in Section 6-2.
30 The interim board so selected shall serve until their
31 successors are elected at the succeeding regular election of
32 regional school trustees and have qualified. A single regional
33 board of school trustees shall be elected at such succeeding
34 regular election to take office on the third first Monday of
35 the month following such election. The board elected for the
36 consolidated region shall be convened on such third first

 

 

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1 Monday of the month following such election for organizational
2 purposes, to elect a president and determine terms for its
3 members by lot as provided in this Section. The respective
4 regional boards of school trustees of educational service
5 regions involved in consolidations under Section 3A-3 or 3A-4
6 shall cease to exist at the time the board elected for the
7 consolidated region is so organized.
8 (Source: P.A. 90-358, eff. 1-1-98.)
 
9     (105 ILCS 5/10-5)  (from Ch. 122, par. 10-5)
10     Sec. 10-5. Organization of board - Report to treasurer and
11 regional superintendent of schools. Within 28 7 days after the
12 regular election of directors, the directors shall meet and
13 organize by appointing one of their number president and
14 another as clerk, except that when directors are elected at the
15 consolidated elections in April of 1999 and April of 2001, the
16 directors shall meet and organize, in the manner provided by
17 this Section, within 7 days after the first Tuesday after the
18 first Monday of November in each of those 2 years. The clerk
19 shall at once report to the treasurer and regional
20 superintendent of schools the names of the president and clerk
21 so appointed. Upon organizing itself as provided in this
22 Section, the board of school directors shall enter upon the
23 discharge of its duties. Terms of members are subject to
24 Section 2A-54 of the Election Code, except as otherwise limited
25 by subsection (c) of Section 10-4.
26 (Source: P.A. 90-358, eff. 1-1-98; 90-637, eff. 7-24-98;
27 90-757, eff. 8-14-98; 91-357, eff. 7-29-99.)
 
28     (105 ILCS 5/10-16)  (from Ch. 122, par. 10-16)
29     Sec. 10-16. Organization of Board. Within 28 7 days after
30 the consolidated election, other than the consolidated
31 elections in 1999 and 2001, the board shall organize by
32 electing its officers and fixing a time and place for the
33 regular meetings. However, when school board members are
34 elected at the consolidated elections held in April of 1999 and

 

 

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1 April of 2001, the board shall organize within 7 days after the
2 first Tuesday after the first Monday of November in each such
3 year by electing officers and setting the time and place of the
4 regular meetings. Upon organizing itself as provided in this
5 paragraph, the board shall enter upon the discharge of its
6 duties.
7     The regional superintendent of schools having supervision
8 and control, as provided in Section 3-14.2, of a new school
9 district that is governed by the School Code and formed on or
10 after the effective date of this amendatory Act of 1998 shall
11 convene the newly elected board within 7 days after the
12 election of the board of education of that district, whereupon
13 the board shall proceed to organize by electing one of their
14 number as president and electing a secretary, who may or may
15 not be a member. At such meeting the length of term of each of
16 the members shall be determined by lot so that 4 shall serve
17 for 4 years, and 3 for 2 years from the commencement of their
18 terms; provided, however, if such members were not elected at
19 the consolidated election in an odd-numbered year, such initial
20 terms shall be extended to the consolidated election for school
21 board members immediately following the expiration of the
22 initial 4 or 2 year terms. The provisions of this paragraph
23 that relate to the determination of terms by lot shall not
24 apply to the initial members of the board of education of a
25 combined school district who are to be elected to unstaggered
26 terms as provided in subsection (a-5) of Section 11B-7.
27     The terms of the officers of a board of education shall be
28 for 2 years, except that the terms of the officers elected at
29 the organization meeting in November, 2001 shall expire at the
30 organization meeting in April, 2003; provided that the board by
31 resolution may establish a policy for the terms of office to be
32 one year, and provide for the election of officers.
33     Special meetings of the board of education may be called by
34 the president or by any 3 members of the board by giving notice
35 thereof in writing, stating the time, place and purpose of the
36 meeting. Such notice may be served by mail 48 hours before such

 

 

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1 meeting or by personal service 24 hours before such meeting.
2 Public notice of meetings must also be given as prescribed in
3 Sections 2.02 and 2.03 of the Open Meetings Act, as now or
4 hereafter amended.
5     At each regular and special meeting which is open to the
6 public, members of the public and employees of the district
7 shall be afforded time, subject to reasonable constraints, to
8 comment to or ask questions of the board.
9     The president or district superintendent shall, at each
10 regular board meeting, report any requests made of the district
11 under provisions of The Freedom of Information Act and shall
12 report the status of the district's response.
13 (Source: P.A. 90-459, eff. 8-17-97; 90-637, eff. 7-24-98.)
14     Section 45. The Public Community College Act is amended by
15 changing Section 3-8 as follows:
 
16     (110 ILCS 805/3-8)  (from Ch. 122, par. 103-8)
17     Sec. 3-8. Following each election and canvass, the new
18 board shall hold its organizational meeting on or before the
19 28th 14th day after the election, except that in 1999, 2001,
20 and 2003 (except District #522) the board shall organize within
21 14 days after the first Tuesday after the first Monday of
22 November in each of those 3 years. In 2003 in District #522,
23 the new board shall hold its organizational meeting on or
24 before the 14th day after the consolidated election. If the
25 election is the initial election ordered by the regional
26 superintendent, the organizational meeting shall be convened
27 by the regional superintendent, who shall preside over the
28 meeting until the election for chairman, vice chairman and
29 secretary of board is completed. At all other organizational
30 meetings, the chairman of the board, or, in his or her absence,
31 the president of the community college or acting chief
32 executive officer of the college shall convene the new board,
33 and conduct the election for chairman, vice chairman and
34 secretary. The board shall then proceed with its organization

 

 

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1 under the newly elected board officers, and shall fix a time
2 and place for its regular meetings. It shall than enter upon
3 the discharge of its duties. The terms of board office shall be
4 2 years, except that the board by resolution may establish a
5 policy for the terms of office to be one year, and provide for
6 the election of officers for the remaining one year period.
7 Terms of members are subject to Section 2A-54 of the Election
8 Code.
9     Special meetings of the board may be called by the chairman
10 or by any 3 members of the board by giving notice thereof in
11 writing stating the time, place and purpose of the meeting.
12 Such notice may be served by mail 48 hours before the meeting
13 or by personal service 24 hours before the meeting.
14     At each regular and special meeting which is open to the
15 public, members of the public and employees of the community
16 college district shall be afforded time, subject to reasonable
17 constraints, to comment to or ask questions of the board.
18 (Source: P.A. 92-1, eff. 3-30-01.)
19     Section 50. The Fox Waterway Agency Act is amended by
20 changing Section 5 as follows:
 
21     (615 ILCS 90/5)  (from Ch. 19, par. 1205)
22     Sec. 5. The Agency shall be governed by a Board of
23 Directors, which shall consist of 6 directors and one chairman
24 elected pursuant to this Section.
25     Three directors shall be elected from within the territory
26 of each member county. Any resident of a member county and the
27 territory of the Agency, at least 18 years of age, may become a
28 candidate for election as a director by filing a nominating
29 petition with the State Board of Elections containing the
30 verified signatures of at least 200 of the registered voters of
31 such county who reside within the territory of the Agency. Such
32 petition shall be filed not more than 78 nor less than 71 days
33 prior to the date of election.
34     The chairman shall be elected at large from the territory

 

 

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1 of the Agency. Any person eligible to become a candidate for
2 election as director may become a candidate for election as
3 chairman by filing a nominating petition with the State Board
4 of Elections containing the verified signatures of at least 200
5 of the registered voters of each member county who reside
6 within the territory of the Agency. Such petition shall be
7 filed not more than 78 nor less than 71 days prior to the date
8 of the election.
9     Within 7 days after each consolidated election at which the
10 chairman is elected, the county clerk of each member county
11 shall transmit the returns for the election to the office of
12 chairman to the State Board of Elections. The State Board of
13 Elections shall immediately canvass the returns and proclaim
14 the results thereof and shall issue a certificate of election
15 to the person so elected.
16     Beginning in 1985, the directors and chairman shall be
17 elected at the consolidated election and shall serve from the
18 third first Monday in May following their respective elections
19 until their respective successors are elected and qualified.
20 The term of office of a director shall be for 4 years, except
21 that of the directors elected at the consolidated election of
22 1985, 3 shall serve until the first Monday in May 1987 and 3
23 shall serve until the first Monday in May 1989. The term of
24 office of a chairman shall be 4 years.
25     At least 90 days before the consolidated election of 1985
26 the State Board of Elections shall meet to determine by lot
27 which 3 director positions shall be elected for terms to expire
28 on the first Monday in May 1987 and which 3 director positions
29 shall be elected for terms to expire on the first Monday in May
30 1989. At least one director position from each member county
31 shall be elected for a term to expire on the first Monday in
32 May 1987.
33     The county clerks of the member counties shall provide
34 notice of each election for chairman and director in the manner
35 prescribed in Article 12 of The Election Code, with the notice
36 of the elections to be held at the consolidated election of

 

 

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1 1985 to include a statement as to whether the director is to be
2 elected for a term of 2 years or for a term of 4 years.
3     A chairman shall be elected at the consolidated election of
4 1985 and at each consolidated election every 4 years
5 thereafter. Six directors shall be elected at the consolidated
6 election of 1985. At the consolidated election of 1987, and at
7 each consolidated election every 4 years thereafter, directors
8 shall be elected from the constituencies of the directors who
9 were elected at the consolidated election of 1985 and whose
10 terms expired on the first Monday in May 1987. At the
11 consolidated election of 1989, and at each consolidated
12 election every 4 years thereafter, directors shall be elected
13 from the constituencies of the directors who were elected at
14 the consolidated election of 1985 and whose terms expired on
15 the first Monday in May 1989.
16     Vacancies in the office of director or chairman shall be
17 filled by the remaining members of the Board, who shall appoint
18 to fill the vacated office for the remainder of the term of
19 such office an individual who would be eligible for election to
20 such office. If, however, a vacancy occurs in the office of
21 chairman or director with at least 28 months remaining in the
22 term of such office, the office shall be filled for the
23 remainder of the term at the next consolidated election. Until
24 the office is filled by election, the remaining members of the
25 Board shall appoint a qualified person to the office in the
26 manner provided in this Section.
27 (Source: P.A. 84-776.)
28     Section 95. Severability. The provisions of this
29 amendatory Act of the 93rd General Assembly are severable under
30 Section 1.31 of the Statute on Statutes.
31     Section 99. Effective date. This Act takes effect upon
32 becoming law.