093_HB3707

 
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 1        AN ACT concerning 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 2A-1.1, 7-8, and 8-4 as follows:

 6        (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
 7        Sec. 2A-1.1.  All Elections - Consolidated Schedule.  (a)
 8    In even-numbered years, the general election shall be held on
 9    the  first Tuesday after the first Monday of November; and an
10    election to be known as the general primary election shall be
11    held on the third Tuesday  in  March  in  years  in  which  a
12    President  is  elected  and  on  June  2  in years in which a
13    President is not elected;
14        (b)  In odd-numbered years, an election to  be  known  as
15    the  consolidated election shall be held on the first Tuesday
16    in April except as provided in Section 2A-1.1a of  this  Act;
17    and  an  election  to  be  known  as the consolidated primary
18    election shall be held on the last Tuesday in February.
19    (Source: P.A. 90-358, eff. 1-1-98.)

20        (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
21        Sec. 7-8.  The State central committee shall be  composed
22    of one or two members from each congressional district in the
23    State and shall be elected as follows:
24                       State Central Committee
25        (a)  Within  30  days  after  the  effective date of this
26    amendatory Act of 1983 the State central  committee  of  each
27    political party shall certify to the State Board of Elections
28    which of the following alternatives it wishes to apply to the
29    State central committee of that party.
30        Alternative  A.  At  the general primary election held on
 
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 1    the third Tuesday in March 1970,  and  at  the  primary  held
 2    every  4  years thereafter, each primary elector may vote for
 3    one candidate of his party for member of  the  State  central
 4    committee for the congressional district in which he resides.
 5    The  candidate receiving the highest number of votes shall be
 6    declared  elected  State  central   committeeman   from   the
 7    district. A political party may, in lieu of the foregoing, by
 8    a  majority vote of delegates at any State convention of such
 9    party,  determine  to  thereafter  elect  the  State  central
10    committeemen in the manner following:
11        At the county convention held  by  such  political  party
12    State  central  committeemen  shall  be  elected  in the same
13    manner as provided  in  this  Article  for  the  election  of
14    officers  of  the county central committee, and such election
15    shall follow the election of officers of the  county  central
16    committee.    Each   elected   ward,   township  or  precinct
17    committeeman shall cast as his vote one vote for each  ballot
18    voted  in  his ward, township, part of a township or precinct
19    in the last  preceding  primary  election  of  his  political
20    party.  In  the  case  of a county lying partially within one
21    congressional   district   and   partially   within   another
22    congressional  district,  each  ward,  township  or  precinct
23    committeeman  shall   vote   only   with   respect   to   the
24    congressional district in which his ward, township, part of a
25    township   or   precinct  is  located.   In  the  case  of  a
26    congressional  district  which  encompasses  more  than   one
27    county, each ward, township or precinct committeeman residing
28    within  the congressional district shall cast as his vote one
29    vote for each ballot voted in his ward, township, part  of  a
30    township  or  precinct in the last preceding primary election
31    of his political party for one candidate  of  his  party  for
32    member  of  the State central committee for the congressional
33    district in which he resides and the Chairman  of the  county
34    central committee shall report the results of the election to
 
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 1    the  State  Board  of Elections. The State Board of Elections
 2    shall certify the candidate receiving the highest  number  of
 3    votes   elected   State   central   committeeman   for   that
 4    congressional district.
 5        The  State central committee shall adopt rules to provide
 6    for and govern the procedures to be followed in the  election
 7    of members of the State central committee.
 8        After  the  effective  date of this amendatory Act of the
 9    91st General Assembly,  whenever  a  vacancy  occurs  in  the
10    office  of  Chairman  of a State central committee, or at the
11    end of the term of office  of  Chairman,  the  State  central
12    committee   of   each   political  party  that  has  selected
13    Alternative A  shall  elect  a  Chairman  who  shall  not  be
14    required  to be a member of the State Central Committee.  The
15    Chairman shall be a registered voter in this State and of the
16    same political party as the State central committee.
17        Alternative  B.  Each  congressional   committee   shall,
18    within  30  days  after  the  adoption  of  this alternative,
19    appoint a person of the sex opposite that  of  the  incumbent
20    member  for  that  congressional  district  to  serve  as  an
21    additional member of the State central committee until his or
22    her  successor  is elected at the general primary election in
23    1986.   Each  congressional   committee   shall   make   this
24    appointment by voting on the basis set forth in paragraph (e)
25    of  this  Section.  In  each  congressional  district  at the
26    general primary election held  in  1986  and  every  4  years
27    thereafter,  the  male candidate receiving the highest number
28    of votes of the party's male  candidates  for  State  central
29    committeeman,  and the female candidate receiving the highest
30    number of votes of the party's female  candidates  for  State
31    central  committeewoman,  shall  be  declared  elected  State
32    central  committeeman  and  State central committeewoman from
33    the district.  At the general primary election held  in  1986
34    and every 4 years thereafter, if all a party's candidates for
 
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 1    State  central  committeemen  or State central committeewomen
 2    from a congressional  district  are  of  the  same  sex,  the
 3    candidate  receiving  the  highest  number  of votes shall be
 4    declared  elected  a  State  central  committeeman  or  State
 5    central committeewoman from the district, and, because  of  a
 6    failure  to elect one male and one female to the committee, a
 7    vacancy shall be declared to  exist  in  the  office  of  the
 8    second  member  of  the  State  central  committee  from  the
 9    district.  This vacancy shall be filled by appointment by the
10    congressional  committee  of  the  political  party,  and the
11    person appointed to fill the vacancy shall be a  resident  of
12    the  congressional  district  and of the sex opposite that of
13    the committeeman or committeewoman  elected  at  the  general
14    primary  election.   Each  congressional committee shall make
15    this  appointment  by  voting  on  the  basis  set  forth  in
16    paragraph (e) of this Section.
17        The Chairman of a State  central  committee  composed  as
18    provided  in  this  Alternative  B  must be selected from the
19    committee's members.
20        Except as provided for in Alternative A with  respect  to
21    the selection of the Chairman of the State central committee,
22    under  both  of the foregoing alternatives, the State central
23    committee of  each  political  party  shall  be  composed  of
24    members  elected  or appointed from the several congressional
25    districts of the State, and of no  other  person  or  persons
26    whomsoever.   The  members  of  the  State  central committee
27    shall, within 30 days after each quadrennial election of  the
28    full  committee, meet in the city of Springfield and organize
29    by electing a chairman, and  may  at  such  time  elect  such
30    officers  from among their own number (or otherwise), as they
31    may deem necessary or expedient. The outgoing chairman of the
32    State central committee of the party shall,  10  days  before
33    the   meeting,  notify  each  member  of  the  State  central
34    committee elected at the primary of the  time  and  place  of
 
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 1    such  meeting.  In  the  organization  and proceedings of the
 2    State central committee, each State central committeeman  and
 3    State  central  committeewoman  shall  have one vote for each
 4    ballot voted in his or  her  congressional  district  by  the
 5    primary  electors of his or her party at the primary election
 6    immediately  preceding  the  meeting  of  the  State  central
 7    committee. Whenever a vacancy occurs  in  the  State  central
 8    committee of any political party, the vacancy shall be filled
 9    by   appointment  of  the  chairmen  of  the  county  central
10    committees of the political party  of  the  counties  located
11    within the congressional district in which the vacancy occurs
12    and, if applicable, the ward and township committeemen of the
13    political  party in counties of 2,000,000 or more inhabitants
14    located  within   the   congressional   district.    If   the
15    congressional  district  in  which  the  vacancy  occurs lies
16    wholly within a county of 2,000,000 or more inhabitants,  the
17    ward and township committeemen of the political party in that
18    congressional  district  shall  vote to fill the vacancy.  In
19    voting to fill the vacancy, each chairman of a county central
20    committee and each ward and township committeeman in counties
21    of 2,000,000 or more inhabitants shall have one vote for each
22    ballot voted in each precinct of the  congressional  district
23    in  which  the vacancy exists of his or her county, township,
24    or ward cast by the primary electors of his or her  party  at
25    the  primary  election  immediately  preceding the meeting to
26    fill the vacancy in the State central committee.  The  person
27    appointed  to  fill  the  vacancy  shall be a resident of the
28    congressional district in which the vacancy occurs, shall  be
29    a  qualified  voter, and, in a committee composed as provided
30    in Alternative B, shall be of the same  sex  as  his  or  her
31    predecessor. A political party may, by a majority vote of the
32    delegates of any State convention of such party, determine to
33    return  to  the  election  of  State central committeeman and
34    State central committeewoman by the vote of primary electors.
 
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 1    Any action taken by a political party at a  State  convention
 2    in  accordance  with  this  Section  shall be reported to the
 3    State Board of Elections by the  chairman  and  secretary  of
 4    such convention within 10 days after such action.
 5              Ward, Township and Precinct Committeemen
 6        (b)  At  the  general  primary election held on the third
 7    Tuesday in March, 1972, and every 4  years  thereafter,  each
 8    primary  elector  in cities having a population of 200,000 or
 9    over may vote for one candidate of his party in his ward  for
10    ward  committeeman. Each candidate for ward committeeman must
11    be a resident of and in the ward where he seeks to be elected
12    ward committeeman. The one having the highest number of votes
13    shall be such ward committeeman of such party for such  ward.
14    At  the  primary election held on the third Tuesday in March,
15    1970, and every 4 years thereafter, each primary  elector  in
16    counties  containing  a  population  of  2,000,000  or  more,
17    outside of cities containing a population of 200,000 or more,
18    may  vote  for  one  candidate  of  his  party  for  township
19    committeeman.  Each  candidate for township committeeman must
20    be a resident of and in the township or part  of  a  township
21    (which  lies outside of a city having a population of 200,000
22    or more, in counties containing a population of 2,000,000  or
23    more),  and  in which township or part of a township he seeks
24    to be elected  township  committeeman.  The  one  having  the
25    highest  number  of votes shall be such township committeeman
26    of such party for such township or part  of  a  township.  At
27    each  general  the primary election held on the third Tuesday
28    in March, 1970 and every 2  years  thereafter,  each  primary
29    elector,  except in counties having a population of 2,000,000
30    or over, may vote for one  candidate  of  his  party  in  his
31    precinct   for  precinct  committeeman.  Each  candidate  for
32    precinct committeeman must be a bona  fide  resident  of  the
33    precinct  where he seeks to be elected precinct committeeman.
34    The one having the highest number  of  votes  shall  be  such
 
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 1    precinct  committeeman  of  such party for such precinct. The
 2    official returns of the primary shall show the  name  of  the
 3    committeeman of each political party.
 4        Terms  of Committeemen. All precinct committeemen elected
 5    under the provisions of this Article shall continue  as  such
 6    committeemen  until the date of the primary to be held in the
 7    second  year  after  their  election.  Except  as   otherwise
 8    provided   in   this   Section   for  certain  State  central
 9    committeemen  who  have  2  year  terms,  all  State  central
10    committeemen, township  committeemen  and  ward  committeemen
11    shall continue as such committeemen until the date of primary
12    to  be held in the fourth year after their election. However,
13    a vacancy exists in the office of precinct committeeman  when
14    a  precinct  committeeman ceases to reside in the precinct in
15    which he was elected and  such  precinct  committeeman  shall
16    thereafter  neither  have  nor exercise any rights, powers or
17    duties as committeeman in that precinct, even if a  successor
18    has not been elected or appointed.
19        (c)  The  Multi-Township  Central Committee shall consist
20    of  the  precinct  committeemen  of  such   party,   in   the
21    multi-township  assessing district formed pursuant to Section
22    2-10 of the Property Tax Code and shall be organized for  the
23    purposes  set forth in Section 45-25 of the Township Code. In
24    the  organization  and  proceedings  of  the   Multi-Township
25    Central  Committee  each precinct committeeman shall have one
26    vote for each ballot voted in his  precinct  by  the  primary
27    electors of his party at the primary at which he was elected.
28                      County Central Committee
29        (d)  The county central committee of each political party
30    in   each  county  shall  consist  of  the  various  township
31    committeemen, precinct committeemen and ward committeemen, if
32    any, of such party in the county.  In  the  organization  and
33    proceedings  of  the  county central committee, each precinct
34    committeeman shall have one vote for each ballot voted in his
 
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 1    precinct by the primary electors of his party at the  primary
 2    at  which  he  was  elected; each township committeeman shall
 3    have one vote for each ballot voted in his township  or  part
 4    of  a  township as the case may be by the primary electors of
 5    his party at the  primary  election  for  the  nomination  of
 6    candidates  for  election to the General Assembly immediately
 7    preceding the meeting of the county central committee; and in
 8    the  organization  and  proceedings  of  the  county  central
 9    committee, each ward committeeman shall  have  one  vote  for
10    each  ballot voted in his ward by the primary electors of his
11    party  at  the  primary  election  for  the   nomination   of
12    candidates  for  election to the General Assembly immediately
13    preceding the meeting of the county central committee.
14                       Congressional Committee
15        (e)  The congressional committee of each  party  in  each
16    congressional  district  shall be composed of the chairmen of
17    the county central committees of the counties  composing  the
18    congressional   district,   except   that   in  congressional
19    districts wholly within the territorial limits of one county,
20    or partly within 2 or more counties, but not coterminous with
21    the county lines  of  all  of  such  counties,  the  precinct
22    committeemen, township committeemen and ward committeemen, if
23    any,  of  the  party  representing  the  precincts within the
24    limits of  the  congressional  district,  shall  compose  the
25    congressional committee. A State central committeeman in each
26    district  shall  be  a  member  and  the  chairman or, when a
27    district has 2 State central committeemen, a  co-chairman  of
28    the  congressional committee, but shall not have the right to
29    vote except in case of a tie.
30        In the  organization  and  proceedings  of  congressional
31    committees  composed  of  precinct  committeemen  or township
32    committeemen  or  ward  committeemen,  or   any   combination
33    thereof,  each  precinct committeeman shall have one vote for
34    each ballot voted in his precinct by the primary electors  of
 
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 1    his  party  at  the  primary  at  which  he was elected, each
 2    township committeeman shall have one  vote  for  each  ballot
 3    voted  in  his township or part of a township as the case may
 4    be by the primary  electors  of  his  party  at  the  primary
 5    election   immediately   preceding   the   meeting   of   the
 6    congressional  committee,  and  each  ward committeeman shall
 7    have one vote for each ballot voted in each precinct  of  his
 8    ward  located  in  such congressional district by the primary
 9    electors of his party at  the  primary  election  immediately
10    preceding  the meeting of the congressional committee; and in
11    the organization and proceedings of congressional  committees
12    composed  of the chairmen of the county central committees of
13    the counties within such  district,  each  chairman  of  such
14    county  central committee shall have one vote for each ballot
15    voted in his county by the primary electors of his  party  at
16    the primary election immediately preceding the meeting of the
17    congressional committee.
18                     Judicial District Committee
19        (f)  The  judicial  district  committee of each political
20    party in each judicial district  shall  be  composed  of  the
21    chairman  of  the  county  central committees of the counties
22    composing the judicial district.
23        In the organization and proceedings of judicial  district
24    committees  composed  of  the  chairmen of the county central
25    committees  of  the  counties  within  such  district,   each
26    chairman of such county central committee shall have one vote
27    for  each  ballot voted in his county by the primary electors
28    of his party at the primary  election  immediately  preceding
29    the meeting of the judicial district committee.
30                       Circuit Court Committee
31        (g)  The  circuit court committee of each political party
32    in  each  judicial  circuit  outside  Cook  County  shall  be
33    composed of the chairmen of the county central committees  of
34    the counties composing the judicial circuit.
 
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 1        In  the  organization  and  proceedings  of circuit court
 2    committees, each chairman of a county central committee shall
 3    have one vote for each ballot voted  in  his  county  by  the
 4    primary  electors  of  his  party  at  the  primary  election
 5    immediately  preceding  the  meeting  of  the  circuit  court
 6    committee.
 7                    Judicial Subcircuit Committee
 8        (g-1)  The   judicial   subcircuit   committee   of  each
 9    political party in each judicial subcircuit  in  Cook  County
10    shall  be  composed  of the ward and township committeemen of
11    the townships and wards composing the judicial subcircuit.
12        In the organization  and  proceedings  of  each  judicial
13    subcircuit  committee,  each township committeeman shall have
14    one vote for each ballot voted in his township or part  of  a
15    township,  as  the case may be, in the judicial subcircuit by
16    the primary electors of his party  at  the  primary  election
17    immediately  preceding the meeting of the judicial subcircuit
18    committee; and each ward committeeman shall have one vote for
19    each ballot voted in his ward or part of a ward, as the  case
20    may be, in the judicial subcircuit by the primary electors of
21    his  party  at the primary election immediately preceding the
22    meeting of the judicial subcircuit committee.
23                     Municipal Central Committee
24        (h)  The municipal central committee  of  each  political
25    party  shall  be  composed  of the precinct, township or ward
26    committeemen, as the case may be, of such party  representing
27    the  precincts  or wards, embraced in such city, incorporated
28    town or  village.  The  voting  strength  of  each  precinct,
29    township  or  ward  committeeman  on  the  municipal  central
30    committee  shall  be  the  same as his voting strength on the
31    county central committee.
32        For political parties, other than a  statewide  political
33    party,  established  only  within a municipality or township,
34    the  municipal  or  township  managing  committee  shall   be
 
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 1    composed  of  the  party  officers  of  the local established
 2    party.  The party officers of a local established party shall
 3    be as follows: the chairman and secretary of the  caucus  for
 4    those  municipalities  and townships authorized by statute to
 5    nominate candidates by caucus shall serve as  party  officers
 6    for  the  purpose  of  filling  vacancies in nomination under
 7    Section 7-61; for municipalities and townships authorized  by
 8    statute  or  ordinance to nominate candidates by petition and
 9    primary election, the party officers  shall  be  the  party's
10    candidates  who  are  nominated  at the primary.  If no party
11    primary was held because of the provisions  of  Section  7-5,
12    vacancies  in  nomination  shall  be  filled  by  the party's
13    remaining candidates who shall serve as the party's officers.
14                               Powers
15        (i)  Each committee  and  its  officers  shall  have  the
16    powers  usually  exercised  by  such  committees  and  by the
17    officers thereof, not inconsistent  with  the  provisions  of
18    this  Article.  The  several  committees  herein provided for
19    shall not have power to delegate  any  of  their  powers,  or
20    functions to any other person, officer or committee, but this
21    shall not be construed to prevent a committee from appointing
22    from its own membership proper and necessary subcommittees.
23        (j)  The  State  central  committee  of a political party
24    which elects it members by Alternative B under paragraph  (a)
25    of  this  Section  shall  adopt  a plan to give effect to the
26    delegate selection rules of the national political party  and
27    file  a  copy  of such plan with the State Board of Elections
28    when approved by a national political party.
29        (k)  For the purpose of the designation of a proxy  by  a
30    Congressional  Committee  to vote in place of an absent State
31    central committeeman or committeewoman  at  meetings  of  the
32    State central committee of a political party which elects its
33    members by Alternative B under paragraph (a) of this Section,
34    the  proxy  shall  be  appointed  by the vote of the ward and
 
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 1    township committeemen, if any, of  the  wards  and  townships
 2    which  lie  entirely  or  partially  within the Congressional
 3    District from which the absent State central committeeman  or
 4    committeewoman  was  elected  and the vote of the chairmen of
 5    the county central committees of  those  counties  which  lie
 6    entirely  or partially within that Congressional District and
 7    in which there are no ward  or  township  committeemen.  When
 8    voting  for such proxy the county chairman, ward committeeman
 9    or township committeeman, as the case may be shall  have  one
10    vote  for  each ballot voted in his county, ward or township,
11    or portion thereof within the Congressional District, by  the
12    primary  electors of his party at the primary at which he was
13    elected. However, the absent State  central  committeeman  or
14    committeewoman  may  designate  a proxy when permitted by the
15    rules of a  political  party  which  elects  its  members  by
16    Alternative B under paragraph (a) of this Section.
17    (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)

18        (10 ILCS 5/8-4) (from Ch. 46, par. 8-4)
19        Sec. 8-4. A primary shall be held on the third Tuesday in
20    March  of  each  even-numbered  year  for  The  nomination of
21    candidates for legislative  offices  shall  be  made  at  the
22    general primary election.
23    (Source: P.A. 82-750.)

24        Section  10.  The  School  Code  is  amended  by changing
25    Sections 7A-2, 11A-3, 11B-3 and 33-1 as follows:

26        (105 ILCS 5/7A-2) (from Ch. 122, par. 7A-2)
27        Sec. 7A-2.  Petition filing; notice;  hearing;  decision.
28    Any  petition  to  dissolve a unit school district, create an
29    elementary school  district  therefrom  and  annex  the  same
30    territory to a contiguous high school district as provided in
31    Section  7A-1 shall be filed with the regional superintendent
 
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 1    of schools of the educational service  region  in  which  the
 2    territory described in the petition or the greater portion of
 3    the   equalized  assessed  valuation  of  such  territory  is
 4    situated, signed by at  least  10%  of  the  voters  residing
 5    within  each  district  affected  or  by  the  boards of each
 6    district affected.  The  petition  shall:   (i)  request  the
 7    submission of the proposition at a regular scheduled election
 8    for  the  purpose of voting for or against the dissolution of
 9    such unit school district, creation of an  elementary  school
10    district therefrom and annexation of the same territory to an
11    existing  contiguous  high  school  district  as  provided in
12    Section 7A-1; (ii) describe the territory of the unit  school
13    district  proposed  to  be dissolved which shall be stated in
14    the petition to be the same as the territory  comprising  the
15    proposed  elementary  school  district  and  the  same as the
16    territory proposed to be annexed to the  existing  contiguous
17    high  school  district;  (iii)  describe the territory of the
18    existing high school district to which the territory proposed
19    to be annexed is contiguous; and (iv) set forth  the  maximum
20    tax  rates  for  educational  and  operations,  building  and
21    maintenance  purposes  and  the  purchase  of school grounds,
22    pupil transportation, and fire prevention and safety purposes
23    which the annexing high school district  and  the  elementary
24    school   district  proposed  to  be  created  each  shall  be
25    authorized to levy.
26        The petition may  request  that  if  the  proposition  to
27    dissolve  a unit school district, create an elementary school
28    district  therefrom,  and  annex  the  same  territory  to  a
29    contiguous high school district is submitted to the voters at
30    the  consolidated  election  which   occurs   in   April   of
31    odd-numbered  years,  at  the  general primary election which
32    occurs in March of even-numbered years,  at  the  nonpartisan
33    election  which  occurs in November of odd-numbered years, or
34    at  the  general  election  which  occurs  in   November   of
 
                            -14-     LRB093 08011 JAM 08209 b
 1    even-numbered  years,  that  at that same election a board of
 2    education be elected on a separate ballot  to  serve  as  the
 3    board  of  education  of  the  proposed new elementary school
 4    district.  Any election of board members at the same election
 5    at which the proposition  to  create  the  elementary  school
 6    district  to  be  served  by  that  board is submitted to the
 7    voters shall proceed under the supervision  of  the  Regional
 8    Superintendent as provided in Section 7A-6.
 9        When  the  petition contains more than 10 signatures, the
10    petition shall designate a committee of 10 of the petitioners
11    as attorney in fact for all petitioners, any 7  of  whom  may
12    make  binding stipulations on behalf of all petitioners as to
13    any  question  with  respect  to  the  petition  or  hearing,
14    including the power to stipulate  to  accountings  or  waiver
15    thereof    between    school    districts.     The   regional
16    superintendent of schools required to hold a hearing  on  the
17    petition  as  provided  in  this  Section may accept any such
18    stipulation instead  of  evidence  or  proof  of  the  matter
19    stipulated, or may refuse to accept any such stipulation.
20        Upon  the  filing  of  such  petition  with  the regional
21    superintendent of schools as provided in this  Section,  such
22    regional  superintendent of schools shall cause a copy of the
23    petition to be given to the board of each  district  affected
24    and  to  the  regional superintendent of schools of any other
25    educational service region in which any part of the territory
26    described  in  the  petition  is  situated.    The   regional
27    superintendent  of schools with whom the petition is required
28    to be filed shall cause a notice thereof to be  published  at
29    least  once  each week for 3 successive weeks in at least one
30    newspaper having general circulation within the area  of  all
31    territory  described in the petition.  The notice shall state
32    when and to whom the petition was presented, the  description
33    of  the  territory of the unit school district proposed to be
34    dissolved which shall be stated in the notice to be the  same
 
                            -15-     LRB093 08011 JAM 08209 b
 1    as  the  territory  comprising the proposed elementary school
 2    district and the same as the territory proposed to be annexed
 3    to  the  existing  contiguous  high  school   district,   the
 4    description of the existing high school district to which the
 5    territory  proposed  to be annexed is contiguous, a statement
 6    of the maximum tax  rates  for  educational  and  operations,
 7    building  and maintenance purposes and the purchase of school
 8    grounds, pupil transportation, and fire prevention and safety
 9    purposes which the annexing  high  school  district  and  the
10    proposed  elementary school district each shall be authorized
11    to levy or establish, the prayer of the petition, and the day
12    on which the hearing upon the petition shall  be  held.   The
13    petitioners shall pay the expense of publishing the notice.
14        No  more  than  30  days after the last date on which the
15    required notice is published the regional  superintendent  of
16    schools  with whom the petition is required to be filed shall
17    hold a hearing on the petition, provided  that  the  regional
18    superintendent  of  schools may adjourn the hearing from time
19    to time or may continue the matter  for  want  of  sufficient
20    notice  or  other  good  cause.   Prior  to  the  hearing the
21    petitioners shall submit to the  regional  superintendent  of
22    schools maps showing the districts affected, a written report
23    of  financial  and  educational  conditions  of the districts
24    affected and the probable effect of the proposed  dissolution
25    of the unit school district, creation of an elementary school
26    district  therefrom  and  annexation of the same territory to
27    the existing contiguous high school  district.   The  reports
28    and maps submitted by the petitioners shall be made a part of
29    the  record  of proceedings of the regional superintendent of
30    schools holding  the  hearing,  and  if  the  boards  of  the
31    districts  affected  are  not  the petitioners, such regional
32    superintendent of schools shall send copies of  such  reports
33    and  maps  to  such  boards not less than 5 days prior to the
34    date on which the hearing is to be held.
 
                            -16-     LRB093 08011 JAM 08209 b
 1        Upon the regional superintendent of  schools  determining
 2    that  the petitioners have paid the expense of publishing the
 3    notice of hearing, that the petition as filed is  proper  and
 4    --  if  the  petitioners  be voters residing in each district
 5    affected -- that the  petition  is  in  compliance  with  any
 6    applicable  petition  requirements  of the Election Code, the
 7    regional superintendent of schools shall hear evidence as  to
 8    the school needs and conditions in all territory described in
 9    the  petition  and  in  the area adjacent thereto, shall hear
10    evidence with respect to the ability of the elementary school
11    district proposed to  be  created  and  the  ability  of  the
12    contiguous  existing high school district, after the proposed
13    annexation, to meet standards of recognition as prescribed by
14    the State Board of Education, shall take  into  consideration
15    any  division of funds or assets if the petition is approved,
16    and shall determine whether it is for the best  interests  of
17    the  schools  of  the area and the educational welfare of the
18    pupils therein that such unit school district  be  dissolved,
19    an  elementary  school  district be created therefrom and the
20    same territory be annexed  to  an  existing  contiguous  high
21    school  district. No petition filed under this Article and no
22    referendum held pursuant to any petition so  filed  shall  be
23    null  and void or invalidated or deemed in noncompliance with
24    the Election Code because of the failure to publish a  notice
25    of  intention  to  file  the  petition  or  to  attach to the
26    petition an affidavit attesting to the  publication  of  that
27    notice  as  required  under subsection (g) of Section 28-2 of
28    the Election Code for petitions  that  are  not  filed  under
29    Article 7A, 11A, 11B, or 11D of the School Code.
30        At the hearing any resident of any territory described in
31    the  petition  and  any  regional  superintendent  of schools
32    entitled under the provisions of this Section to be  given  a
33    copy  of  the  petition  by  the  regional  superintendent of
34    schools conducting the hearing may appear in person or by  an
 
                            -17-     LRB093 08011 JAM 08209 b
 1    attorney  at  law in support of or in objection to the prayer
 2    of the petition, and may submit evidence in support of either
 3    such position.   A  transcript  of  the  proceedings  in  the
 4    hearing  before  the regional superintendent of schools shall
 5    be prepared, and the expense of preparing the same  shall  be
 6    paid by the petitioners.
 7        Within  14  days after the conclusion of the hearing, the
 8    regional superintendent of  schools  shall  make  a  decision
 9    either approving or denying the petition, and shall thereupon
10    submit  the petition and all evidence taken at the hearing to
11    the State Superintendent of Education who  shall,  within  30
12    days  thereafter, review the entire record of the proceedings
13    had before the regional superintendent of schools,  including
14    the  transcript  of such proceedings, and approve or deny the
15    petition upon consideration of and  in  accordance  with  the
16    following criteria:
17             (i)  whether the proposed elementary school district
18        and  the  contiguous  existing high school district after
19        the proposed annexation will have sufficient size  (pupil
20        enrollment)  and financial resources (assessed valuation)
21        to provide and maintain a recognized educational  program
22        for their respective districts as proposed;
23             (ii)  whether  the  dissolution  of  the unit school
24        district,  creation  of  an  elementary  school  district
25        therefrom and annexation of the  same  territory  to  the
26        existing  high  school district is for the best interests
27        of the schools of the area and the educational welfare of
28        the pupils therein; and
29             (iii)  whether  the  territory   of   the   proposed
30        elementary  school  district  and  the  territory  of the
31        contiguous  existing  high  school  district  after   the
32        proposed  annexation  are each compact and contiguous for
33        school purposes.
34        If the  State  Superintendent  of  Education  denies  the
 
                            -18-     LRB093 08011 JAM 08209 b
 1    petition the reasons for such denial shall be communicated to
 2    the  boards  of  each  district  affected,  to  any committee
 3    designated  as  attorney  in  fact  for  the  petitioners  as
 4    provided in this Section, to any regional  superintendent  of
 5    schools  entitled  under the provisions of this Section to be
 6    given a copy of the petition by the  regional  superintendent
 7    of  schools  who conducted the hearing and to any resident of
 8    any territory described in the petition who  appears  at  the
 9    hearing, or to any attorney at law appearing of record in the
10    hearing  on  behalf  of  any  such board, committee, regional
11    superintendent of schools or resident otherwise  entitled  to
12    receive  communication of the reasons for such denial; and no
13    further proceedings shall be had.
14    (Source: P.A. 86-13; 87-10; 87-185; 87-839; 87-1270.)

15        (105 ILCS 5/11A-3) (from Ch. 122, par. 11A-3)
16        Sec. 11A-3.  Petition filing; notice; hearing;  decision.
17    A petition shall be filed with the Regional Superintendent of
18    the  region  in which the territory described in the petition
19    or that part of the territory with the greater  per  cent  of
20    equalized  assessed valuation is situated, signed by at least
21    200 voters residing in at least 3/4 of the  school  districts
22    or  parts of districts and residing in the territory included
23    in the petition, or the petition may be filed by the board of
24    education of each of the school districts wholly or partially
25    included in  the  territory  described  in  the  petition.  A
26    petition  that is not filed by the board of education of each
27    of the school districts wholly or partially included  in  the
28    territory  described  in the petition must contain signatures
29    from 50  legal  resident  voters  from  each  of  the  school
30    districts  wholly  or  partially  included  in  the territory
31    described in the petition or from 10% of the  legal  resident
32    voters  from each of the school districts wholly or partially
33    included  in  the  territory  described  in   the   petition,
 
                            -19-     LRB093 08011 JAM 08209 b
 1    whichever  is  lesser.   Provided,  however, that no petition
 2    filed, or election held under this Article shall be  null  or
 3    void  or  invalidated  or  deemed  in  noncompliance with the
 4    Election Code for  the  failure  of  any  person  or  persons
 5    seeking  the  creation  of a new school district hereunder to
 6    publish a notice of intention to file  such  petition  or  to
 7    attach  an  affidavit  attesting  to the publication of  such
 8    notice to such petition as required under subsection  (g)  of
 9    Section  28-2 of the Election Code for petitions that are not
10    filed under Article 7A, 11A, 11B, or 11D of the School  Code.
11    The   petition  shall  (1)  request  the  submission  of  the
12    proposition at a regular scheduled election for  the  purpose
13    of  voting  for  or  against the establishment of a community
14    unit school district  in  the  territory;  (2)  describe  the
15    territory comprising the proposed district; (3) set forth the
16    maximum tax rates for educational, operations and maintenance
17    and  the  purchase  and improvements of school grounds, pupil
18    transportation, and fire prevention and safety  purposes  the
19    proposed  district  shall  be  authorized  to  levy;  and (4)
20    designate a committee of 10 of the petitioners, any 7 of whom
21    may at any time, prior to the final decision of the  Regional
22    Superintendent,  amend  the  petition in all respects (except
23    that there may not be an increase or decrease  of  more  than
24    25%   of  the  territory  to  be  included  in  the  proposed
25    district), and may make binding stipulations on behalf of all
26    petitioners as to any question with respect to  the  petition
27    or  hearing  and  the Regional Superintendent may accept such
28    stipulation instead  of  evidence  or  proof  of  the  matter
29    stipulated,  which  committee of petitioners may stipulate to
30    accountings  or  waiver  thereof  between  school  districts;
31    however, the Regional Superintendent  may  refuse  to  accept
32    such  stipulation;  those  designated as the Committee of Ten
33    shall serve in such capacity until such time as the  Regional
34    Superintendent  should  determine  that,  because  of  death,
 
                            -20-     LRB093 08011 JAM 08209 b
 1    resignation,   transfer  of  residency  from  the  territory,
 2    failure to qualify or for any other reason, the office  of  a
 3    particular  member  of the Committee is vacant.  Failure of a
 4    person designated as a member of the Committee of Ten to sign
 5    the petition, whether filed prior or subsequent to  September
 6    23,  1983  (the  effective  date  of  P.A. 83-686), shall not
 7    disqualify such person as a member thereof  and  such  person
 8    may  sign the petition at any time prior to final disposition
 9    of the petition and the conclusion of the proceedings to form
10    a unit district, including all litigation pertaining  to  the
11    petition  or proceedings.  Upon determination by the Regional
12    Superintendent that such vacancies exist, he shall so declare
13    such vacancies and shall  notify  the  remaining  members  to
14    appoint  a  petitioner or petitioners, as the case may be, to
15    fill the vacancies in the Committee  of  Ten  so  designated.
16    Such  appointment  by  the  Committee  of Ten of any such new
17    membership shall be made by a simple  majority  vote  of  the
18    designated  remaining  members.   The  Committee of Ten shall
19    act, unless otherwise herein specified, by majority  vote  of
20    the membership.  The Committee of Ten may voluntarily dismiss
21    their  petition  at any time before the final decision of the
22    Regional Superintendent.
23        The petition may request that the referendum at which the
24    proposition is submitted for the purpose  of  voting  for  or
25    against the establishment of a community unit school district
26    include  as  part  of  the  proposition the election of board
27    members by school board district rather than  at  large.  Any
28    petition requesting the election of board members by district
29    shall divide the proposed school district into 7 school board
30    districts,  each  of which must be compact and contiguous and
31    substantially equal in population to each other school  board
32    district.  Any  election  of  board  members  by school board
33    district shall proceed under the supervision of the  Regional
34    Superintendent as provided in Section 11A-8. The Committee of
 
                            -21-     LRB093 08011 JAM 08209 b
 1    Ten   may   amend  any  petition  approved  by  the  Regional
 2    Superintendent and State Superintendent of Education prior to
 3    July 29, 1988 to include  as  part  of  the  proposition  the
 4    election of board members by district as provided above.  The
 5    Regional  Superintendent  shall,  following  approval  by the
 6    State Superintendent of Education, submit the proposition  as
 7    provided  in the amended petition to the appropriate election
 8    authorities.
 9        The petition may  request  that  if  the  proposition  to
10    create  a  community unit school district is submitted to the
11    voters at the consolidated election which occurs in April  of
12    odd-numbered  years,  at  the  general primary election which
13    occurs in March of even-numbered years,  at  the  nonpartisan
14    election  which  occurs in November of odd-numbered years, or
15    at  the  general  election  which  occurs  in   November   of
16    even-numbered  years,  that  at that same election a board of
17    education be elected on a separate ballot  to  serve  as  the
18    board  of  education  of  the  proposed  new  district.   Any
19    election  of  board members at the same election at which the
20    proposition to create the district to be served by that board
21    is  submitted  to  the  voters  shall   proceed   under   the
22    supervision  of  the  Regional  Superintendent as provided in
23    Section 11A-8.
24        The petition may also  request  that  the  referendum  at
25    which  the  proposition shall be submitted for the purpose of
26    voting for or against the establishment of a  community  unit
27    school  district  in the territory include a proposition on a
28    separate ballot authorizing the  issuance  of  bonds  by  the
29    district  when  organized,  in accordance with this Act.  The
30    principal amount of the bonds and the  purposes  of  issuance
31    shall  be  stated  in  such  petition  and in all notices and
32    propositions submitted thereunder.
33        A petition to form a new community unit  school  district
34    from  the  entire territory of 2 or more school districts may
 
                            -22-     LRB093 08011 JAM 08209 b
 1    also request that the bonded indebtedness  of  each  existing
 2    school district be assumed by the entire territory of the new
 3    community  unit  school  district  in  the manner provided by
 4    subsection (b) of Section 11A-12.
 5        Upon  the  filing  of  a  petition  with   the   Regional
 6    Superintendent  of the Region in which the greater portion of
 7    the equalized assessed valuation of the  territory  described
 8    in the petition lies, the Regional Superintendent shall cause
 9    a  copy  of  such  petition  to be given to each board of any
10    district involved  in  the  proposed  formation  of  the  new
11    district  and shall cause a notice thereof to be published at
12    least once each week for 3 successive weeks in at  least  one
13    newspaper  having  general circulation within the area of the
14    territory of the proposed district.  The notice  shall  state
15    when  and to whom the petition was presented, the description
16    of the territory of the proposed district,  if  requested  in
17    the  petition  a  statement of the proposition to issue bonds
18    and indicating the amount and purpose thereof, and the day on
19    which the hearing upon the petition will be held.   Not  more
20    than  30  days  after  the publication of notice the Regional
21    Superintendent shall hold a hearing on the petition.
22        Upon the Regional  Superintendent  determining  that  the
23    petition, as filed or amended, is proper and is in compliance
24    with  any  applicable  petition requirements set forth in the
25    Election Code, he shall hear evidence as to the school  needs
26    and  conditions  of  the territory and in the area within and
27    adjacent thereto and take into  consideration the division of
28    funds and assets which will result from the  organization  of
29    the  district, and shall determine whether it is for the best
30    interests of the schools of  the  area  and  the  educational
31    welfare   of   the  pupils  therein  that  such  district  be
32    organized.
33        At the hearing, any resident in the proposed district  or
34    any  district  affected  thereby may appear in support of the
 
                            -23-     LRB093 08011 JAM 08209 b
 1    petition or to object thereto.  The  Regional  Superintendent
 2    may  adjourn  the  hearing from time to time.  Within 14 days
 3    after  the   conclusion   of   the   hearing   the   Regional
 4    Superintendent  shall  make  a  decision  either approving or
 5    denying  the  petition.  Upon  the  Regional   Superintendent
 6    approving  or  denying  the  petition  he  shall  submit  the
 7    petition   and   all   evidence   submitted   to   the  State
 8    Superintendent of Education who shall, within 30  days  after
 9    the  decision of the Regional Superintendent, approve or deny
10    the petition according to the following criteria:
11        He shall review the entire record of the proceedings  had
12    before  the Regional Superintendent, including the transcript
13    of said proceedings, and based upon  a  review  of  the  same
14    shall take into consideration:
15             (1)  whether   the   proposed   district  will  have
16        sufficient  size   (pupil   enrollment)   and   financial
17        resources  (assessed valuation) to provide and maintain a
18        recognized educational program  for  grades  kindergarten
19        through 12;
20             (2)  whether the proposed school district is for the
21        best  interests  of  the  schools  of  the  area  and the
22        educational welfare of the pupils therein; and
23             (3)  whether the territory for the  proposed  school
24        district is compact and contiguous for school purposes.
25        If  the  State  Superintendent  of  Education  denies the
26    petition the reasons for such denial shall be communicated to
27    appropriate    groups,    agencies    or    instrumentalities
28    representing the petitioners.
29        If a majority of the voters in at least 2  community unit
30    school districts have voted in  favor  of  a  proposition  to
31    create   a  new  community  unit  school  district,  but  the
32    proposition was not approved under the standards set forth in
33    Section 11A-8 of the School Code, then  the  members  of  the
34    Committee  of  Ten  shall  submit  an  amended  petition  for
 
                            -24-     LRB093 08011 JAM 08209 b
 1    consolidation  to  the boards of education of those districts
 2    as long as the territory involved is compact and  contiguous.
 3    The  petition  submitted  to the boards of education shall be
 4    identical in form and substance to  the  petition  previously
 5    approved  by  the Regional Superintendent of Schools with the
 6    sole exception that the  territory  comprising  the  proposed
 7    district   shall  be  amended  to  include  the  compact  and
 8    contiguous territory of those community unit school districts
 9    in which a majority of the  voters  voted  in  favor  of  the
10    proposal.
11        Each   board  of  education  to  which  the  petition  is
12    submitted shall meet and vote to approve or not  approve  the
13    amended petition no more than 30 days after it has been filed
14    with  the  board.   The  Regional  Superintendent  shall make
15    available to each board of education with  which  a  petition
16    has  been  filed  all transcripts and records of the previous
17    petition hearing.  The boards  of  education  shall,  by  the
18    appropriate  resolution,  approve  or  disapprove the amended
19    petition.  No board  of  education  may  approve  an  amended
20    petition  unless  it first finds that the territory described
21    in the petition is compact and contiguous.
22        If a majority of the members of each board  of  education
23    to whom a petition is submitted votes in favor of the amended
24    petition,  the  approved petition shall be transmitted by the
25    secretary  of  each  board  of   education   to   the   State
26    Superintendent  of  Education  who  shall,  within 30 days of
27    receipt, approve or deny the amended petition  based  on  the
28    criteria  stated  in  this  Section  which governed the State
29    Superintendent of Education in  his  initial  review  of  the
30    petition.    If  approved  by  the  State  Superintendent  of
31    Education, the petition shall be placed on the ballot at  the
32    next regularly scheduled election.
33    (Source: P.A.  87-10;  87-185;  87-839; 87-1270; 88-555, eff.
34    7-27-94.)
 
                            -25-     LRB093 08011 JAM 08209 b
 1        (105 ILCS 5/11B-3) (from Ch. 122, par. 11B-3)
 2        Sec. 11B-3.  Petition filing; notice; hearing;  decision.
 3    A petition shall be filed with the Regional Superintendent of
 4    the  region  in which the territory described in the petition
 5    or the greater portion of the equalized assessed valuation of
 6    the territory is situated, signed by  at  least  10%  of  the
 7    voters   residing   within  each  district  included  in  the
 8    territory or filed by the  boards  of  each  school  district
 9    affected.  The  petition shall: (1) request the submission of
10    the proposition at  a  regular  scheduled  election  for  the
11    purpose  of  voting  for  or  against  the establishment of a
12    combined school district in the territory; (2)  describe  the
13    territory  comprising the proposed district by districts; (3)
14    set forth the maximum tax rates for  educational,  operations
15    and  maintenance  and the purchase and improvements of school
16    grounds, pupil transportation and fire prevention and  safety
17    purposes  the  proposed district shall be authorized to levy;
18    and (4) designate a committee of 10 of the petitioners, any 7
19    of  whom  may   at   any   time   prior   to   the   regional
20    superintendent's  final  decision  amend  the petition in all
21    respects and make  binding  stipulations  on  behalf  of  all
22    petitioners  as  to any question with respect to the petition
23    or hearing, including stipulations  for  accountings  or  the
24    waiver   thereof  between  school  districts.   The  regional
25    superintendent who is required  to  hold  a  hearing  on  the
26    petition  as  provided  in  this  Section may accept any such
27    stipulation instead  of  evidence  or  proof  of  the  matter
28    stipulated  or  may  refuse to accept the stipulation.  Those
29    designated as the  Committee  of  Ten  shall  serve  in  that
30    capacity  until  such  time  as  the  regional superintendent
31    determines that because of death,  resignation,  transfer  of
32    residency from the territory, failure to qualify or any other
33    reason  the office of a particular member of the Committee is
34    vacant.  Failure of a person designated as a  member  of  the
 
                            -26-     LRB093 08011 JAM 08209 b
 1    Committee  of  Ten  to sign the petition shall not disqualify
 2    that person as a member thereof, and that person may sign the
 3    petition at any  time  prior  to  final  disposition  of  the
 4    petition  and  the  conclusion of the proceedings to form the
 5    new  combined  school  district,  including  all   litigation
 6    pertaining    to   the   petition   or   proceedings.    Upon
 7    determination by the regional superintendent  that  vacancies
 8    exist,  he  shall  declare the vacancies and shall notify the
 9    remaining members to appoint a petitioner or petitioners,  as
10    the  case  may  be, to fill the vacancies in the Committee of
11    Ten so designated.  An appointment by the Committee of Ten to
12    fill any such vacancy shall be made by a simple majority vote
13    of the designated remaining members.  The  Committee  of  Ten
14    shall  act,  unless  otherwise  herein specified, by majority
15    vote of the membership.  The Committee of Ten may voluntarily
16    dismiss their petition at any time before the final  decision
17    of the Regional Superintendent.
18        The  petition  may  request  that  if  the proposition to
19    create a combined school district is submitted to the  voters
20    at  the  consolidated  election  which  occurs  in  April  of
21    odd-numbered  years,  at  the  general primary election which
22    occurs in March of even-numbered years,  at  the  nonpartisan
23    election  which  occurs in November of odd-numbered years, or
24    at  the  general  election  which  occurs  in   November   of
25    even-numbered  years,  that  at that same election a board of
26    education be elected on a separate ballot  to  serve  as  the
27    board  of  education  of  the  proposed  new  district.   Any
28    election  of  board members at the same election at which the
29    proposition to create the district to be served by that board
30    is  submitted  to  the  voters  shall   proceed   under   the
31    supervision  of  the  Regional  Superintendent as provided in
32    Section 11B-7.
33        The petition may also request that the referendum include
34    a proposition on a separate ballot authorizing  the  issuance
 
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 1    of  bonds  by  the district when organized in accordance with
 2    this Article.  The principal amount  of  the  bonds  and  the
 3    purposes  of the issuance shall be stated in the petition and
 4    in all notices and propositions submitted thereunder.
 5        Upon  the  filing  of  a  petition  with   the   Regional
 6    Superintendent  under the provisions of Section 11B-2 of this
 7    Article, the Regional Superintendent shall cause  a  copy  of
 8    such  petition  to  be  given  to  each board of any district
 9    involved in the proposed formation of the  new  district  and
10    shall  cause  a  notice thereof to be published at least once
11    each week for 3 successive weeks in at  least  one  newspaper
12    having  general  circulation within the area of the territory
13    of the proposed district.  The notice shall state when and to
14    whom the petition  was  presented,  the  description  of  the
15    territory  of the proposed district, and the day on which the
16    hearing upon the petition will be held.   Not  more  than  30
17    days   after   the   publication   of  notice,  the  Regional
18    Superintendent shall hold a hearing on the  petition.   Prior
19    to  the hearing, the petitioners shall submit to the Regional
20    Superintendent maps showing the districts involved,  and  any
21    other  information  pertinent  to the proposed formation of a
22    new district.  The reports and maps submitted shall be made a
23    part of the  records  of  the  proceedings  of  the  Regional
24    Superintendent.   A  copy  of  the reports and maps submitted
25    shall be sent to the board of  each  district  involved,  not
26    less  than 5 days prior to the date upon which the hearing is
27    to be held.  The Regional Superintendent shall hear  evidence
28    as  to the school needs and conditions in the territory which
29    will form the proposed new district and as to the ability  of
30    the   proposed   new   district  to  meet  the  standards  of
31    recognition as prescribed by the State Board of Education.
32        At the hearing, any resident in the  territory  described
33    in  the  petition  may  appear in person or by an attorney in
34    support of the petition or to object to the granting  of  the
 
                            -28-     LRB093 08011 JAM 08209 b
 1    petition and may present evidence in support of his position.
 2    At the conclusion of the hearing, the Regional Superintendent
 3    of  schools  shall  within  14  days  enter  an  order either
 4    granting or denying the petition and  shall  deliver  to  any
 5    attorney  of  record  and affected school board a copy of his
 6    order. Upon the Regional Superintendent approving or  denying
 7    the  petition  he  shall submit the petition and all evidence
 8    submitted  to  the  State  Superintendent  of  Education  for
 9    review.  The Superintendent shall, within 30 days  after  the
10    decision  of the Regional Superintendent, approve or deny the
11    petition according to the following criteria:
12        He shall review the entire record of the proceedings  had
13    before  the Regional Superintendent, including the transcript
14    of said proceedings, and based upon a  review  of   the  same
15    shall take into consideration:
16             (1)  whether   the   proposed   district  will  have
17        sufficient  size   (pupil   enrollment)   and   financial
18        resources  (assessed valuation) to provide and maintain a
19        recognized educational program for  the  proposed  school
20        district;
21             (2)  whether the proposed school district is for the
22        best interests of schools of the area and the educational
23        welfare of the pupils therein; and
24             (3)  whether  the  territory for the proposed school
25        district is compact and contiguous for school purposes.
26        If the  State  Superintendent  of  Education  denies  the
27    petition the reasons for such denial shall be communicated to
28    appropriate    groups,    agencies    or    instrumentalities
29    representing the petitioners and no further proceedings shall
30    be had.
31    (Source: P.A. 87-10; 87-107; 87-839; 87-1270.)

32        (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
33        Sec.  33-1.   Board of Education - Election - Terms.   In
 
                            -29-     LRB093 08011 JAM 08209 b
 1    all school districts,  including  special  charter  districts
 2    having  a  population  of  100,000 and not more than 500,000,
 3    which adopt this  Article,  as  hereinafter  provided,  there
 4    shall  be  maintained a system of free schools in charge of a
 5    board of  education,  which  shall  be  a  body  politic  and
 6    corporate  by  the  name  of  "Board of Education of the City
 7    of....".  The board shall consist of 7 members elected by the
 8    voters of the district. Except as provided in  Section  33-1b
 9    of  this  Act,  The regular election for members of the board
10    shall be held at the consolidated election and at the general
11    primary election  on  the  first  Tuesday  of  April  in  odd
12    numbered  years  and  on  the  third Tuesday of March in even
13    numbered years. The law governing the registration of  voters
14    for the primary election shall apply to the regular election.
15    At  the  first regular election 7 persons shall be elected as
16    members of the board. The person who  receives  the  greatest
17    number  of votes shall be elected for a term of 5 years.  The
18    2 persons who receive the second and third greatest number of
19    votes shall be elected for a term of 4 years.  The person who
20    receives the fourth greatest number of votes shall be elected
21    for a term of 3 years.  The 2 persons who receive  the  fifth
22    and  sixth  greatest  number  of votes shall be elected for a
23    term of  2  years.   The  person  who  receives  the  seventh
24    greatest  number  of  votes  shall be elected for a term of 1
25    year. Thereafter, at each regular election for members of the
26    board, the successors of the members whose  terms  expire  in
27    the  year of election shall be elected for a term of 5 years.
28    All terms shall  commence  on  July  1  next  succeeding  the
29    elections.   Any  vacancy  occurring in the membership of the
30    board shall be filled by appointment until the  next  regular
31    election for members of the board.
32        In  any school district which has adopted this Article, a
33    proposition for the election of board members by school board
34    district rather than at large may be submitted to the  voters
 
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 1    of the district at the regular school election of any year in
 2    the  manner  provided in Section 9-22.  If the proposition is
 3    approved by a majority of those voting on  the  propositions,
 4    the  board  shall  divide  the  school district into 7 school
 5    board districts as provided in Section 9-22.  At the  regular
 6    school  election  in  the year following the adoption of such
 7    proposition, one member shall be  elected  from  each  school
 8    board  district,  and the 7 members so elected shall, by lot,
 9    determine one to serve for one year, 2 for 2 years, one for 3
10    years, 2 for 4 years, and one for 5 years.  Thereafter  their
11    respective  successors shall be elected for terms of 5 years.
12    The terms of all incumbent members expire July 1 of the  year
13    following the adoption of such a proposition.
14        Any  school  district which has adopted this Article may,
15    by referendum in accordance with  Section  33-1a,  adopt  the
16    method of electing members of the board of education provided
17    in that Section.
18        Reapportionment  of  the voting districts provided for in
19    this Article or created pursuant to a court order,  shall  be
20    completed pursuant to Section 33-1c.
21    (Source: P.A. 82-1014; 86-1331.)