96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2465

 

Introduced 10/14/2009, by Sen. John O. Jones

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Governmental Ethics Act, the Election Code, the University of Illinois Act, and the University of Illinois Trustees Act. Provides for a Board of Trustees of the University of Illinois consisting of 7 elected members (now, the Board consists of 9 members appointed by the Governor with the advice and consent of the Senate), the Governor, and 3 student trustees. Provides that 3 members shall be elected from the First Judicial District and one member shall be elected from each of the 4 other judicial districts. Terminates the term of each appointed member of the Board when all of the new elected members take office. Provides for staggered terms for members initially elected under the amendatory Act and 6-year terms thereafter. Provides that the student trustees shall select one of their number to possess the right to cast a legally binding vote (now, the Governor designates which one of the student trustees possess the right to vote). Provides that if a student trustee has served more than one term and during one of those terms, he or she was selected to possess a legally binding vote, then he or she is ineligible to be selected again to possess a legally binding vote. Provides that if the student trustees fail to come to an agreement on which student trustee shall possess a legally binding vote, none of the student trustees may possess a legally binding vote for the remainder of their term. Makes related changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2465 LRB096 13700 MJR 28464 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Governmental Ethics Act is amended
5 by changing Section 4A-101 as follows:
 
6     (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
7     Sec. 4A-101. Persons required to file. The following
8 persons shall file verified written statements of economic
9 interests, as provided in this Article:
10         (a) Members of the General Assembly and candidates for
11     nomination or election to the General Assembly.
12         (b) Persons holding an elected office in the Executive
13     Branch of this State or on the Board of Trustees of the
14     University of Illinois, and candidates for nomination or
15     election to these offices.
16         (c) Members of a Commission or Board created by the
17     Illinois Constitution, and candidates for nomination or
18     election to such Commission or Board.
19         (d) Persons whose appointment to office is subject to
20     confirmation by the Senate.
21         (e) Holders of, and candidates for nomination or
22     election to, the office of judge or associate judge of the
23     Circuit Court and the office of judge of the Appellate or

 

 

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1     Supreme Court.
2         (f) Persons who are employed by any branch, agency,
3     authority or board of the government of this State,
4     including but not limited to, the Illinois State Toll
5     Highway Authority, the Illinois Housing Development
6     Authority, the Illinois Community College Board, and
7     institutions under the jurisdiction of the Board of
8     Trustees of the University of Illinois, Board of Trustees
9     of Southern Illinois University, Board of Trustees of
10     Chicago State University, Board of Trustees of Eastern
11     Illinois University, Board of Trustees of Governor's State
12     University, Board of Trustees of Illinois State
13     University, Board of Trustees of Northeastern Illinois
14     University, Board of Trustees of Northern Illinois
15     University, Board of Trustees of Western Illinois
16     University, or Board of Trustees of the Illinois
17     Mathematics and Science Academy, and are compensated for
18     services as employees and not as independent contractors
19     and who:
20             (1) are, or function as, the head of a department,
21         commission, board, division, bureau, authority or
22         other administrative unit within the government of
23         this State, or who exercise similar authority within
24         the government of this State;
25             (2) have direct supervisory authority over, or
26         direct responsibility for the formulation,

 

 

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1         negotiation, issuance or execution of contracts
2         entered into by the State in the amount of $5,000 or
3         more;
4             (3) have authority for the issuance or
5         promulgation of rules and regulations within areas
6         under the authority of the State;
7             (4) have authority for the approval of
8         professional licenses;
9             (5) have responsibility with respect to the
10         financial inspection of regulated nongovernmental
11         entities;
12             (6) adjudicate, arbitrate, or decide any judicial
13         or administrative proceeding, or review the
14         adjudication, arbitration or decision of any judicial
15         or administrative proceeding within the authority of
16         the State;
17             (7) have supervisory responsibility for 20 or more
18         employees of the State; or
19             (8) negotiate, assign, authorize, or grant naming
20         rights or sponsorship rights regarding any property or
21         asset of the State, whether real, personal, tangible,
22         or intangible.
23         (g) Persons who are elected to office in a unit of
24     local government, and candidates for nomination or
25     election to that office, including regional
26     superintendents of school districts.

 

 

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1         (h) Persons appointed to the governing board of a unit
2     of local government, or of a special district, and persons
3     appointed to a zoning board, or zoning board of appeals, or
4     to a regional, county, or municipal plan commission, or to
5     a board of review of any county, and persons appointed to
6     the Board of the Metropolitan Pier and Exposition Authority
7     and any Trustee appointed under Section 22 of the
8     Metropolitan Pier and Exposition Authority Act, and
9     persons appointed to a board or commission of a unit of
10     local government who have authority to authorize the
11     expenditure of public funds. This subsection does not apply
12     to members of boards or commissions who function in an
13     advisory capacity.
14         (i) Persons who are employed by a unit of local
15     government and are compensated for services as employees
16     and not as independent contractors and who:
17             (1) are, or function as, the head of a department,
18         division, bureau, authority or other administrative
19         unit within the unit of local government, or who
20         exercise similar authority within the unit of local
21         government;
22             (2) have direct supervisory authority over, or
23         direct responsibility for the formulation,
24         negotiation, issuance or execution of contracts
25         entered into by the unit of local government in the
26         amount of $1,000 or greater;

 

 

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1             (3) have authority to approve licenses and permits
2         by the unit of local government; this item does not
3         include employees who function in a ministerial
4         capacity;
5             (4) adjudicate, arbitrate, or decide any judicial
6         or administrative proceeding, or review the
7         adjudication, arbitration or decision of any judicial
8         or administrative proceeding within the authority of
9         the unit of local government;
10             (5) have authority to issue or promulgate rules and
11         regulations within areas under the authority of the
12         unit of local government; or
13             (6) have supervisory responsibility for 20 or more
14         employees of the unit of local government.
15         (j) Persons on the Board of Trustees of the Illinois
16     Mathematics and Science Academy.
17         (k) Persons employed by a school district in positions
18     that require that person to hold an administrative or a
19     chief school business official endorsement.
20         (l) Special government agents. A "special government
21     agent" is a person who is directed, retained, designated,
22     appointed, or employed, with or without compensation, by or
23     on behalf of a statewide executive branch constitutional
24     officer to make an ex parte communication under Section
25     5-50 of the State Officials and Employees Ethics Act or
26     Section 5-165 of the Illinois Administrative Procedure

 

 

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1     Act.
2         (m) Members of the board of commissioners of any flood
3     prevention district.
4         (n) Members of the board of any retirement system or
5     investment board established under the Illinois Pension
6     Code, if not required to file under any other provision of
7     this Section.
8         (o) Members of the board of any pension fund
9     established under the Illinois Pension Code, if not
10     required to file under any other provision of this Section.
11     This Section shall not be construed to prevent any unit of
12 local government from enacting financial disclosure
13 requirements that mandate more information than required by
14 this Act.
15 (Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09.)
 
16     Section 10. The Election Code is amended by changing
17 Sections 2A-1.2, 7-1, 7-9, 22-1, 22-7, 23-1.1a, 23-1.2a, and
18 23-1.13a and adding Section 2A-53.5 as follows:
 
19     (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
20     Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
21 Designated.
22     (a) At the general election in the appropriate
23 even-numbered years, the following offices shall be filled or
24 shall be on the ballot as otherwise required by this Code:

 

 

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1         (1) Elector of President and Vice President of the
2     United States;
3         (2) United States Senator and United States
4     Representative;
5         (3) State Executive Branch elected officers;
6         (4) State Senator and State Representative;
7         (5) County elected officers, including State's
8     Attorney, County Board member, County Commissioners, and
9     elected President of the County Board or County Chief
10     Executive;
11         (6) Circuit Court Clerk;
12         (7) Regional Superintendent of Schools, except in
13     counties or educational service regions in which that
14     office has been abolished;
15         (8) Judges of the Supreme, Appellate and Circuit
16     Courts, on the question of retention, to fill vacancies and
17     newly created judicial offices;
18         (9) Trustee of the University of Illinois (Blank);
19         (10) Trustee of the Metropolitan Sanitary District of
20     Chicago, and elected Trustee of other Sanitary Districts;
21         (11) Special District elected officers, not otherwise
22     designated in this Section, where the statute creating or
23     authorizing the creation of the district requires an annual
24     election and permits or requires election of candidates of
25     political parties.
26     (b) At the general primary election:

 

 

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1         (1) in each even-numbered year candidates of political
2     parties shall be nominated for those offices to be filled
3     at the general election in that year, except where pursuant
4     to law nomination of candidates of political parties is
5     made by caucus.
6         (2) in the appropriate even-numbered years the
7     political party offices of State central committeeman,
8     township committeeman, ward committeeman, and precinct
9     committeeman shall be filled and delegates and alternate
10     delegates to the National nominating conventions shall be
11     elected as may be required pursuant to this Code. In the
12     even-numbered years in which a Presidential election is to
13     be held, candidates in the Presidential preference primary
14     shall also be on the ballot.
15         (3) in each even-numbered year, where the municipality
16     has provided for annual elections to elect municipal
17     officers pursuant to Section 6(f) or Section 7 of Article
18     VII of the Constitution, pursuant to the Illinois Municipal
19     Code or pursuant to the municipal charter, the offices of
20     such municipal officers shall be filled at an election held
21     on the date of the general primary election, provided that
22     the municipal election shall be a nonpartisan election
23     where required by the Illinois Municipal Code. For partisan
24     municipal elections in even-numbered years, a primary to
25     nominate candidates for municipal office to be elected at
26     the general primary election shall be held on the Tuesday 6

 

 

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1     weeks preceding that election.
2         (4) in each school district which has adopted the
3     provisions of Article 33 of the School Code, successors to
4     the members of the board of education whose terms expire in
5     the year in which the general primary is held shall be
6     elected.
7     (c) At the consolidated election in the appropriate
8 odd-numbered years, the following offices shall be filled:
9         (1) Municipal officers, provided that in
10     municipalities in which candidates for alderman or other
11     municipal office are not permitted by law to be candidates
12     of political parties, the runoff election where required by
13     law, or the nonpartisan election where required by law,
14     shall be held on the date of the consolidated election; and
15     provided further, in the case of municipal officers
16     provided for by an ordinance providing the form of
17     government of the municipality pursuant to Section 7 of
18     Article VII of the Constitution, such offices shall be
19     filled by election or by runoff election as may be provided
20     by such ordinance;
21         (2) Village and incorporated town library directors;
22         (3) City boards of stadium commissioners;
23         (4) Commissioners of park districts;
24         (5) Trustees of public library districts;
25         (6) Special District elected officers, not otherwise
26     designated in this section, where the statute creating or

 

 

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1     authorizing the creation of the district permits or
2     requires election of candidates of political parties;
3         (7) Township officers, including township park
4     commissioners, township library directors, and boards of
5     managers of community buildings, and Multi-Township
6     Assessors;
7         (8) Highway commissioners and road district clerks;
8         (9) Members of school boards in school districts which
9     adopt Article 33 of the School Code;
10         (10) The directors and chairman of the Chain O Lakes -
11     Fox River Waterway Management Agency;
12         (11) Forest preserve district commissioners elected
13     under Section 3.5 of the Downstate Forest Preserve District
14     Act;
15         (12) Elected members of school boards, school
16     trustees, directors of boards of school directors,
17     trustees of county boards of school trustees (except in
18     counties or educational service regions having a
19     population of 2,000,000 or more inhabitants) and members of
20     boards of school inspectors, except school boards in school
21     districts that adopt Article 33 of the School Code;
22         (13) Members of Community College district boards;
23         (14) Trustees of Fire Protection Districts;
24         (15) Commissioners of the Springfield Metropolitan
25     Exposition and Auditorium Authority;
26         (16) Elected Trustees of Tuberculosis Sanitarium

 

 

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1     Districts;
2         (17) Elected Officers of special districts not
3     otherwise designated in this Section for which the law
4     governing those districts does not permit candidates of
5     political parties.
6     (d) At the consolidated primary election in each
7 odd-numbered year, candidates of political parties shall be
8 nominated for those offices to be filled at the consolidated
9 election in that year, except where pursuant to law nomination
10 of candidates of political parties is made by caucus, and
11 except those offices listed in paragraphs (12) through (17) of
12 subsection (c).
13     At the consolidated primary election in the appropriate
14 odd-numbered years, the mayor, clerk, treasurer, and aldermen
15 shall be elected in municipalities in which candidates for
16 mayor, clerk, treasurer, or alderman are not permitted by law
17 to be candidates of political parties, subject to runoff
18 elections to be held at the consolidated election as may be
19 required by law, and municipal officers shall be nominated in a
20 nonpartisan election in municipalities in which pursuant to law
21 candidates for such office are not permitted to be candidates
22 of political parties.
23     At the consolidated primary election in the appropriate
24 odd-numbered years, municipal officers shall be nominated or
25 elected, or elected subject to a runoff, as may be provided by
26 an ordinance providing a form of government of the municipality

 

 

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1 pursuant to Section 7 of Article VII of the Constitution.
2     (e) (Blank).
3     (f) At any election established in Section 2A-1.1, public
4 questions may be submitted to voters pursuant to this Code and
5 any special election otherwise required or authorized by law or
6 by court order may be conducted pursuant to this Code.
7     Notwithstanding the regular dates for election of officers
8 established in this Article, whenever a referendum is held for
9 the establishment of a political subdivision whose officers are
10 to be elected, the initial officers shall be elected at the
11 election at which such referendum is held if otherwise so
12 provided by law. In such cases, the election of the initial
13 officers shall be subject to the referendum.
14     Notwithstanding the regular dates for election of
15 officials established in this Article, any community college
16 district which becomes effective by operation of law pursuant
17 to Section 6-6.1 of the Public Community College Act, as now or
18 hereafter amended, shall elect the initial district board
19 members at the next regularly scheduled election following the
20 effective date of the new district.
21     (g) At any election established in Section 2A-1.1, if in
22 any precinct there are no offices or public questions required
23 to be on the ballot under this Code then no election shall be
24 held in the precinct on that date.
25     (h) There may be conducted a referendum in accordance with
26 the provisions of Division 6-4 of the Counties Code.

 

 

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1 (Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
2 eff. 8-9-96; 90-358, eff. 1-1-98.)
 
3     (10 ILCS 5/2A-53.5 new)
4     Sec. 2A-53.5. University of Illinois; trustee; time of
5 election. Trustees of the University of Illinois, other than
6 the Governor and the student trustees, shall be elected at the
7 general election in 2010. Beginning with the general election
8 in 2012, a trustee of the University of Illinois shall be
9 elected at each general election to succeed each incumbent
10 trustee whose term expires in January of the year next
11 following that general election.
 
12     (10 ILCS 5/7-1)  (from Ch. 46, par. 7-1)
13     Sec. 7-1. Application of Article.
14     (a) Except as otherwise provided in this Article, the
15 nomination of all candidates for all elective State,
16 congressional, judicial, and county officers, State's
17 Attorneys (whether elected from a single county or from more
18 than one county), city, village, and incorporated town and
19 municipal officers, trustees of sanitary districts, township
20 officers in townships of over 5,000 population coextensive with
21 or included wholly within cities or villages not under the
22 commission form of government, precinct, township, ward, and
23 State central committeemen, and delegates and alternate
24 delegates to national nominating conventions by all political

 

 

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1 parties, as defined in Section 7-2 of this Article 7, shall be
2 made in the manner provided in this Article 7 and not
3 otherwise. The nomination of candidates for electors of
4 President and Vice President of the United States and for
5 trustees of the University of Illinois shall be made only in
6 the manner provided for in Section 7-9 of this Article.
7     (b) This Article 7 shall not apply to (i) the nomination of
8 candidates for school elections and township elections, except
9 in those townships specifically mentioned in subsection (a) and
10 except in those cases in which a township central committee
11 determines under Section 6A-2 of the Township Law of 1874 or
12 Section 45-55 of the Township Code that its candidates for
13 township offices shall be nominated by primary in accordance
14 with this Article, (ii) the nomination of park commissioners in
15 park districts organized under the Park District Code, (iii)
16 the nomination of officers of cities and villages organized
17 under special charters, or (iv) the nomination of municipal
18 officers for cities, villages, and incorporated towns with a
19 population of 5,000 or less, except where a city, village, or
20 incorporated town with a population of 5,000 or less has by
21 ordinance determined that political parties shall nominate
22 candidates for municipal office in the city, village, or
23 incorporated town by primary in accordance with this Article.
24 In that event, the municipal clerk shall certify the ordinance
25 to the proper election officials no later than November 15 in
26 the year preceding the consolidated primary election.

 

 

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1     (c) The words "township officers" or "township offices"
2 shall be construed, when used in this Article, to include
3 supervisors.
4     (d) As provided in Sections 3.1-25-20 through 3.1-25-60 of
5 the Illinois Municipal Code, a village may adopt a system of
6 nonpartisan primary and general elections for the election of
7 village officers.
8 (Source: P.A. 88-670, eff. 12-2-94; 89-5, eff. 1-1-96.)
 
9     (10 ILCS 5/7-9)  (from Ch. 46, par. 7-9)
10     Sec. 7-9. County central committee; county and State
11 conventions.
12     (a) On the 29th day next succeeding the primary at which
13 committeemen are elected, the county central committee of each
14 political party shall meet within the county and proceed to
15 organize by electing from its own number a chairman and either
16 from its own number, or otherwise, such other officers as such
17 committee may deem necessary or expedient. Such meeting of the
18 county central committee shall be known as the county
19 convention.
20     The chairman of each county committee shall within 10 days
21 after the organization, forward to the State Board of
22 Elections, the names and post office addresses of the officers,
23 precinct committeemen and representative committeemen elected
24 by his political party.
25     The county convention of each political party shall choose

 

 

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1 delegates to the State convention of its party; but in any
2 county having within its limits any city having a population of
3 200,000, or over the delegates from such city shall be chosen
4 by wards, the ward committeemen from the respective wards
5 choosing the number of delegates to which such ward is entitled
6 on the basis prescribed in paragraph (e) of this Section such
7 delegates to be members of the delegation to the State
8 convention from such county. In all counties containing a
9 population of 2,000,000 or more outside of cities having a
10 population of 200,000 or more, the delegates from each of the
11 townships or parts of townships as the case may be shall be
12 chosen by townships or parts of townships as the case may be,
13 the township committeemen from the respective townships or
14 parts of townships as the case may be choosing the number of
15 delegates to which such townships or parts of townships as the
16 case may be are entitled, on the basis prescribed in paragraph
17 (e) of this Section such delegates to be members of the
18 delegation to the State convention from such county.
19     Each member of the State Central Committee of a political
20 party which elects its members by Alternative B under paragraph
21 (a) of Section 7-8 shall be a delegate to the State Convention,
22 ex officio.
23     Each member of the State Central Committee of a political
24 party which elects its members by Alternative B under paragraph
25 (a) of Section 7-8 may appoint 2 delegates to the State
26 Convention who must be residents of the member's Congressional

 

 

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1 District.
2     (b) State conventions shall be held within 180 days after
3 the general primary in the year 2000 and every 4 years
4 thereafter. In the year 1998, and every 4 years thereafter, the
5 chairman of a State central committee may issue a call for a
6 State convention within 180 days after the general primary.
7     The State convention of each political party has power to
8 make nominations of candidates of its political party for the
9 electors of President and Vice President of the United States
10 and for trustees of the University of Illinois, and to adopt
11 any party platform, and, to the extent determined by the State
12 central committee as provided in Section 7-14, to choose and
13 select delegates and alternate delegates at large to national
14 nominating conventions. The State Central Committee may adopt
15 rules to provide for and govern the procedures of the State
16 convention.
17     (c) The chairman and secretary of each State convention
18 shall, within 2 days thereafter, transmit to the State Board of
19 Elections of this State a certificate setting forth the names
20 and addresses of all persons nominated by such State convention
21 for electors of President and Vice President of the United
22 States and for trustees of the University of Illinois , and of
23 any persons selected by the State convention for delegates and
24 alternate delegates at large to national nominating
25 conventions; and the names of such candidates so chosen by such
26 State convention for electors of President and Vice President

 

 

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1 of the United States and for trustees of the University of
2 Illinois , shall be caused by the State Board of Elections to be
3 printed upon the official ballot at the general election, in
4 the manner required by law, and shall be certified to the
5 various county clerks of the proper counties in the manner as
6 provided in Section 7-60 of this Article 7 for the certifying
7 of the names of persons nominated by any party for State
8 offices. If and as long as this Act prescribes that the names
9 of such electors be not printed on the ballot, then the names
10 of such electors shall be certified in such manner as may be
11 prescribed by the parts of this Act applicable thereto.
12     (d) Each convention may perform all other functions
13 inherent to such political organization and not inconsistent
14 with this Article.
15     (e) At least 33 days before the date of a State convention,
16 the chairman of the State central committee of each political
17 party shall file in the principal office of the State Board of
18 Elections a call for the State convention. Such call shall
19 state, among other things, the time and place (designating the
20 building or hall) for holding the State convention. Such call
21 shall be signed by the chairman and attested by the secretary
22 of the committee. In such convention each county shall be
23 entitled to one delegate for each 500 ballots voted by the
24 primary electors of the party in such county at the primary to
25 be held next after the issuance of such call; and if in such
26 county, less than 500 ballots are so voted or if the number of

 

 

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1 ballots so voted is not exactly a multiple of 500, there shall
2 be one delegate for such group which is less than 500, or for
3 such group representing the number of votes over the multiple
4 of 500, which delegate shall have 1/500 of one vote for each
5 primary vote so represented by him. The call for such
6 convention shall set forth this paragraph (e) of Section 7-9 in
7 full and shall direct that the number of delegates to be chosen
8 be calculated in compliance herewith and that such number of
9 delegates be chosen.
10     (f) All precinct, township and ward committeemen when
11 elected as provided in this Section shall serve as though
12 elected at large irrespective of any changes that may be made
13 in precinct, township or ward boundaries and the voting
14 strength of each committeeman shall remain as provided in this
15 Section for the entire time for which he is elected.
16     (g) The officers elected at any convention provided for in
17 this Section shall serve until their successors are elected as
18 provided in this Act.
19     (h) A special meeting of any central committee may be
20 called by the chairman, or by not less than 25% of the members
21 of such committee, by giving 5 days notice to members of such
22 committee in writing designating the time and place at which
23 such special meeting is to be held and the business which it is
24 proposed to present at such special meeting.
25     (i) Except as otherwise provided in this Act, whenever a
26 vacancy exists in the office of precinct committeeman because

 

 

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1 no one was elected to that office or because the precinct
2 committeeman ceases to reside in the precinct or for any other
3 reason, the chairman of the county central committee of the
4 appropriate political party may fill the vacancy in such office
5 by appointment of a qualified resident of the county and the
6 appointed precinct committeeman shall serve as though elected;
7 however, no such appointment may be made between the general
8 primary election and the 30th day after the general primary
9 election.
10     (j) If the number of Congressional Districts in the State
11 of Illinois is reduced as a result of reapportionment of
12 Congressional Districts following a federal decennial census,
13 the State Central Committeemen and Committeewomen of a
14 political party which elects its State Central Committee by
15 either Alternative A or by Alternative B under paragraph (a) of
16 Section 7-8 who were previously elected shall continue to serve
17 as if no reapportionment had occurred until the expiration of
18 their terms.
19 (Source: P.A. 93-847, eff. 7-30-04.)
 
20     (10 ILCS 5/22-1)   (from Ch. 46, par. 22-1)
21     Sec. 22-1. Abstracts of votes. Within 21 days after the
22 close of the election at which candidates for offices
23 hereinafter named in this Section are voted upon, the election
24 authorities of the respective counties shall open the returns
25 and make abstracts of the votes on a separate sheet for each of

 

 

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1 the following:
2         A. For Governor and Lieutenant Governor;
3         B. For State officers;
4         C. For presidential electors;
5         D. For United States Senators and Representatives to
6     Congress;
7         E. For judges of the Supreme Court;
8         F. For judges of the Appellate Court;
9         G. For judges of the circuit court;
10         H. For Senators and Representatives to the General
11     Assembly;
12         I. For State's Attorneys elected from 2 or more
13     counties;
14         J. For amendments to the Constitution, and for other
15     propositions submitted to the electors of the entire State;
16         K. For county officers and for propositions submitted
17     to the electors of the county only;
18         L. For Regional Superintendent of Schools;
19         M. For trustees of Sanitary Districts; and
20         N. For Trustee of a Regional Board of School Trustees;
21     and .
22         O. For trustees of the University of Illinois.
23     Each sheet shall report the returns by precinct or ward.
24     Multiple originals of each of the sheets shall be prepared
25 and one of each shall be turned over to the chairman of the
26 county central committee of each of the then existing

 

 

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1 established political parties, as defined in Section 10-2, or
2 his duly authorized representative immediately after the
3 completion of the entries on the sheets and before the totals
4 have been compiled.
5     The foregoing abstracts shall be preserved by the election
6 authority in its office.
7     Whenever any county clerk is unable to canvass the vote,
8 the deputy county clerk or a designee of the county clerk shall
9 serve in his or her place.
10     The powers and duties of the election authority canvassing
11 the votes are limited to those specified in this Section.
12     No person who is shown by the election authority's
13 proclamation to have been elected at the consolidated election
14 or general election as a write-in candidate shall take office
15 unless that person has first filed with the certifying office
16 or board a statement of candidacy pursuant to Section 7-10 or
17 Section 10-5, a statement pursuant to Section 7-10.1, and a
18 receipt for filing a statement of economic interests in
19 relation to the unit of government to which he or she has been
20 elected. For officers elected at the consolidated election, the
21 certifying officer shall notify the election authority of the
22 receipt of those documents, and the county clerk shall issue
23 the certification of election under the provisions of Section
24 22-18.
25 (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06;
26 95-331, eff. 8-21-07.)
 

 

 

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1     (10 ILCS 5/22-7)   (from Ch. 46, par. 22-7)
2     Sec. 22-7. Canvass of votes; declaration and proclamation
3 of result. The State Board of Elections, shall proceed, within
4 31 days after the election, and sooner if all the returns are
5 received, to canvass the votes given for United States Senators
6 and Representatives to Congress, State executive officers,
7 judges of the Supreme Court, judges of the Appellate Court,
8 judges of the Circuit Court, Senators, Representatives to the
9 General Assembly, State's Attorneys and Regional
10 Superintendents of Schools elected from 2 or more counties, and
11 trustees of the University of Illinois, respectively, and the
12 persons having the highest number of votes for the respective
13 offices shall be declared duly elected, but if it appears that
14 more than the number of persons to be elected have the highest
15 and an equal number of votes for the same office, the electoral
16 board shall decide by lot which of such persons shall be
17 elected; and to each person duly elected, the Governor shall
18 give a certificate of election or commission, as the case may
19 require, and shall cause proclamation to be made of the result
20 of the canvass, and they shall at the same time and in the same
21 manner, canvass the vote cast upon amendments to the
22 Constitution, and upon other propositions submitted to the
23 electors of the entire State; and the Governor shall cause to
24 be made such proclamation of the result of the canvass as the
25 statutes elsewhere provide. The State Board of Elections shall

 

 

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1 transmit to the State Comptroller a list of the persons elected
2 to the various offices. The State Board of Elections shall also
3 transmit to the Supreme Court the names of persons elected to
4 judgeships in adversary elections and the names of judges who
5 fail to win retention in office.
6     No person who is shown by the canvassing board's
7 proclamation to have been elected at the consolidated election
8 or general election as a write-in candidate shall take office
9 unless that person has first filed with the certifying office
10 or board a statement of candidacy pursuant to Section 7-10 or
11 Section 10-5, a statement pursuant to Section 7-10.1, and a
12 receipt for filing a statement of economic interests in
13 relation to the unit of government to which he or she has been
14 elected. For officers elected at the consolidated election, the
15 certifying officer shall notify the election authority of the
16 receipt of those documents, and the county clerk shall issue
17 the certification of election under the provisions of Section
18 22-18.
19 (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
 
20     (10 ILCS 5/23-1.1a)  (from Ch. 46, par. 23-1.1a)
21     Sec. 23-1.1a. Election contest - Statewide - Jurisdiction.
22 The Supreme Court shall have jurisdiction over contests of the
23 results of any election, including a primary, for an elected
24 officer provided for in Article V of the Constitution and for
25 trustee of the University of Illinois, and shall retain

 

 

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1 jurisdiction throughout the course of such election contests.
2 (Source: P.A. 89-5, eff. 1-1-96.)
 
3     (10 ILCS 5/23-1.2a)  (from Ch. 46, par. 23-1.2a)
4     Sec. 23-1.2a. Election contest - Statewide offices - Who
5 may contest - Time and place for filing - Fee. The results of
6 an election, including a primary, for an elected executive
7 officer provided for in Article V of the Constitution or for
8 trustee of the University of Illinois may be challenged (1) by
9 any candidate whose name was on the ballot for that office, (2)
10 by any person who filed a declaration of intent to be a
11 write-in candidate for that office, or (3) by any person who
12 voted in that election, provided that such person's challenge
13 is supported by a verified petition signed by persons who voted
14 in the election in a number no less than the largest number of
15 signatures required to nominate a person to be a candidate of
16 any political party which nominated a candidate for the office
17 being contested.
18     Any person, including a candidate, qualified pursuant to
19 this Section and desiring to contest the results of an election
20 for such an office shall, within 15 days of the date of the
21 official proclamation of results of such election, file a
22 Petition of State Election Contest with the clerk of the
23 Supreme Court together with a filing fee in the amount of
24 $10,000.
25 (Source: P.A. 89-5, eff. 1-1-96.)
 

 

 

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1     (10 ILCS 5/23-1.13a)  (from Ch. 46, par. 23-1.13a)
2     Sec. 23-1.13a. If any of the powers or duties to be
3 exercised or performed by the Supreme Court under Sections
4 23-1.1a through 23-1.12a may not constitutionally be exercised
5 or performed by the Supreme Court by reason of jurisdictional
6 limitations, then Sections 23-1.1a through 23-1.12a shall
7 nonetheless continue to govern contests of elections for
8 elected officers provided for in Article V of the Constitution
9 and for trustees of the University of Illinois, and in such
10 event the Supreme Court shall, pursuant to its general
11 administrative and supervisory powers, assign to a circuit
12 court those adjudicatory powers and duties with respect to such
13 a contest as may not be exercised or performed by the Supreme
14 Court, subject to appropriate judicial review.
15 (Source: P.A. 89-5, eff. 1-1-96.)
 
16     Section 15. The University of Illinois Act is amended by
17 changing Section 11 as follows:
 
18     (110 ILCS 305/11)  (from Ch. 144, par. 32)
19     Sec. 11. No elected or selected member of the Board of
20 Trustees shall receive any compensation for attending on the
21 meetings of the Board, but they shall be reimbursed for their
22 actual and necessary expenses while engaged in the performance
23 of their duties. Expenses necessarily incurred by any

 

 

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1 non-voting student member may, at the discretion of the
2 President of the Board, be provided for by advance payment to
3 such member, who shall account therefor to the Board
4 immediately after each meeting. At all the stated and other
5 meetings of the Board of Trustees, called by the regent or
6 corresponding secretary, or any 4 5 members of the Board, a
7 majority of the members shall constitute a quorum, provided all
8 the members have been duly notified.
9     At each regular and special meeting that is open to the
10 public, members of the public and employees of the University
11 shall be afforded time, subject to reasonable constraints, to
12 make comments to or ask questions of the Board.
13 (Source: P.A. 91-715, eff. 1-1-01.)
 
14     Section 20. The University of Illinois Trustees Act is
15 amended by changing Section 1 as follows:
 
16     (110 ILCS 310/1)  (from Ch. 144, par. 41)
17     Sec. 1. Membership.
18     (a) Until all of the new members initially to be elected
19 under this amendatory Act of the 96th General Assembly have
20 taken office, the The Board of Trustees of the University of
21 Illinois shall consist of the Governor and at least 12
22 trustees, with 9 . Nine trustees shall be appointed by the
23 Governor, by and with the advice and consent of the Senate. The
24 term of each appointed member of the Board of Trustees shall

 

 

SB2465 - 28 - LRB096 13700 MJR 28464 b

1 terminate when all of the new members initially to be elected
2 under this amendatory Act of the 96th General Assembly have
3 taken office. Beginning on the date when all of the new members
4 initially to be elected under this amendatory Act of the 96th
5 General Assembly have taken office, the Board of Trustees shall
6 consist of the Governor and at least 10 members. Seven of these
7 members shall be elected in the manner provided by law, with 3
8 members elected from the First Judicial District and one member
9 elected from each of the 4 other judicial districts. These 7
10 trustees shall initially be elected at the general election in
11 2008. Beginning with the general election in 2010, a trustee
12 shall be elected at each general election to succeed each
13 incumbent trustee whose term expires in January of the year
14 next following that general election. A petition for nomination
15 of a candidate for member of the Board of Trustees shall be
16 signed by at least 0.5% of the total number of registered
17 voters in the judicial district in which the person is a
18 candidate for nomination. The other trustees shall be students,
19 of whom one student shall be selected from each University
20 campus.
21     (b) Each student trustee shall serve a term of one year,
22 beginning on July 1 or on the date of his or her selection,
23 whichever is later, and expiring on the next succeeding June
24 30.
25     (c) Each trustee shall have all of the privileges of
26 membership, except that only one student trustee shall have the

 

 

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1 right to cast a legally binding vote. The student trustees
2 shall select one of their number to The Governor shall
3 designate which one of the student trustees shall possess, for
4 his or her entire term, the right to cast a legally binding
5 vote. However, if a student trustee has served more than one
6 term and during one of those terms, he or she was selected to
7 possess a legally binding vote, then he or she is ineligible to
8 be selected again to possess a legally binding vote. If the
9 student trustees fail to come to an agreement on which student
10 trustee shall possess a legally binding vote, none of the
11 student trustees may possess a legally binding vote for the
12 remainder of their term. Each student trustee who does not
13 possess the right to cast a legally binding vote shall have the
14 right to cast an advisory vote and the right to make and second
15 motions and to attend executive sessions.
16     (d) Each trustee shall be governed by the same conflict of
17 interest standards. Pursuant to those standards, it shall not
18 be a conflict of interest for a student trustee to vote on
19 matters pertaining to students generally, such as tuition and
20 fees. However, it shall be a conflict of interest for a student
21 trustee to vote on faculty member tenure or promotion.
22     (e) Student trustees shall be chosen by campus-wide student
23 election, and the student trustee designated by the Governor to
24 possess a legally binding vote shall be one of the students
25 selected by this method. A student trustee who does not possess
26 a legally binding vote on a measure at a meeting of the Board

 

 

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1 or any of its committees shall not be considered a trustee for
2 the purpose of determining whether a quorum is present at the
3 time that measure is voted upon. To be eligible for selection
4 as a student trustee and to be eligible to remain as a voting
5 or nonvoting student trustee, a student trustee must be a
6 resident of this State, must have and maintain a grade point
7 average that is equivalent to at least 2.5 on a 4.0 scale, and
8 must be a full time student enrolled at all times during his or
9 her term of office except for that part of the term which
10 follows the completion of the last full regular semester of an
11 academic year and precedes the first full regular semester of
12 the succeeding academic year at the University (sometimes
13 commonly referred to as the summer session or summer school).
14 If a voting or nonvoting student trustee fails to continue to
15 meet or maintain the residency, minimum grade point average, or
16 enrollment requirement established by this Section, his or her
17 membership on the Board shall be deemed to have terminated by
18 operation of law.
19     If a voting student trustee resigns or otherwise ceases to
20 serve on the Board, the Governor shall, within 30 days,
21 designate one of the remaining student trustees shall determine
22 which one of them shall to possess the right to cast a legally
23 binding vote for the remainder of his or her term. However, if
24 a student trustee has served more than one term and during one
25 of those terms, he or she was selected to possess a legally
26 binding vote, then he or she is ineligible to be selected again

 

 

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1 to possess a legally binding vote. If the remaining student
2 trustees fail to come to an agreement on which student trustee
3 shall possess a legally binding vote, none of the remaining
4 student trustees may possess a legally binding vote for the
5 remainder of their term. If a nonvoting student trustee resigns
6 or otherwise ceases to serve on the Board, the chief executive
7 of the student government from that campus shall, within 30
8 days, select a new nonvoting student trustee to serve for the
9 remainder of the term.
10     (f) Until those members elected at the general election in
11 2010 have taken office, no more than 5 of the 9 appointed
12 trustees shall be affiliated with the same political party.
13 Each trustee appointed by the Governor must be a resident of
14 this State. A failure to meet or maintain this residency
15 requirement constitutes a resignation from and creates a
16 vacancy in the Board. The term of office of each of these
17 appointed trustees trustee shall be 6 years from the third
18 Monday in January of each odd numbered year. The regular terms
19 of office of these the appointed trustees shall be staggered so
20 that 3 terms expire in each odd-numbered year. Vacancies for
21 these appointed trustees shall be filled for the unexpired term
22 in the same manner as original appointments. If these vacancies
23 a vacancy in membership occur occurs at a time when the Senate
24 is not in session, the Governor shall make temporary
25 appointments until the next meeting of the Senate, when he
26 shall appoint persons to fill such memberships for the

 

 

SB2465 - 32 - LRB096 13700 MJR 28464 b

1 remainder of their respective terms. If the Senate is not in
2 session when appointments for a full term are made,
3 appointments shall be made as in the case of vacancies.
4     The term of office of each elected trustee shall be 6 years
5 from the third Monday in January next succeeding his or her
6 election and until his or her successor is elected and
7 qualified. However, the 3 members from the First Judicial
8 District initially elected pursuant to this amendatory Act of
9 the 96th General Assembly shall draw lots to determine one of
10 their number to serve a 2-year term, one of their number to
11 serve a 4-year term, and one of their number to serve a 6-year
12 term. The other 4 members initially elected pursuant to this
13 amendatory Act of the 96th General Assembly shall draw lots to
14 determine 2 of their number to serve a 2-year term, one of
15 their number to serve a 4-year term, and one of their number to
16 serve a 6-year term. In case of a vacancy in an elected
17 trustee's seat, the vacancy shall be filled by appointment by
18 the Governor (i) for the unexpired term if 28 or fewer months
19 remain in the term or (ii) if more than 28 months remain in the
20 term, until a trustee is elected at the next general election
21 to serve for the unexpired term and is qualified.
22     (g) Each elected or appointed trustee must be a resident of
23 this State. To be an elected member, a person must also be a
24 resident of the judicial district from which he or she was
25 elected, and a person selected to fill a vacancy left by an
26 elected member must be a resident of the judicial district from

 

 

SB2465 - 33 - LRB096 13700 MJR 28464 b

1 which the elected member was elected. A failure to meet or
2 maintain these residency requirements constitutes a
3 resignation from and creates a vacancy in the board.
4     (h) No action of the board shall be invalidated by reason
5 of any vacancies on the board, or by reason of any failure to
6 select student trustees.
7 (Source: P.A. 91-778, eff. 1-1-01; 91-798, eff. 7-9-00; 92-16,
8 eff. 6-28-01.)
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.

 

 

SB2465 - 34 - LRB096 13700 MJR 28464 b

1 INDEX
2 Statutes amended in order of appearance
3     5 ILCS 420/4A-101 from Ch. 127, par. 604A-101
4     10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
5     10 ILCS 5/2A-53.5 new
6     10 ILCS 5/7-1 from Ch. 46, par. 7-1
7     10 ILCS 5/7-9 from Ch. 46, par. 7-9
8     10 ILCS 5/22-1from Ch. 46, par. 22-1
9     10 ILCS 5/22-7from Ch. 46, par. 22-7
10     10 ILCS 5/23-1.1a from Ch. 46, par. 23-1.1a
11     10 ILCS 5/23-1.2a from Ch. 46, par. 23-1.2a
12     10 ILCS 5/23-1.13a from Ch. 46, par. 23-1.13a
13     110 ILCS 305/11 from Ch. 144, par. 32
14     110 ILCS 310/1 from Ch. 144, par. 41