Rep. Keith Farnham

Filed: 3/1/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3895

2    AMENDMENT NO. ______. Amend House Bill 3895 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Section 7-12 as follows:
 
6    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
7    Sec. 7-12. All petitions for nomination shall be filed by
8mail or in person as follows:
9        (1) Where the nomination is to be made for a State,
10    congressional, or judicial office, or for any office a
11    nomination for which is made for a territorial division or
12    district which comprises more than one county or is partly
13    in one county and partly in another county or counties,
14    then, except as otherwise provided in this Section, such
15    petition for nomination shall be filed in the principal
16    office of the State Board of Elections not more than 113

 

 

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1    and not less than 106 days prior to the date of the
2    primary, but, in the case of petitions for nomination to
3    fill a vacancy by special election in the office of
4    representative in Congress from this State, such petition
5    for nomination shall be filed in the principal office of
6    the State Board of Elections not more than 57 days and not
7    less than 50 days prior to the date of the primary.
8        Where a vacancy occurs in the office of Supreme,
9    Appellate or Circuit Court Judge within the 3-week period
10    preceding the 106th day before a general primary election,
11    petitions for nomination for the office in which the
12    vacancy has occurred shall be filed in the principal office
13    of the State Board of Elections not more than 92 nor less
14    than 85 days prior to the date of the general primary
15    election.
16        Where the nomination is to be made for delegates or
17    alternate delegates to a national nominating convention,
18    then such petition for nomination shall be filed in the
19    principal office of the State Board of Elections not more
20    than 113 and not less than 106 days prior to the date of
21    the primary; provided, however, that if the rules or
22    policies of a national political party conflict with such
23    requirements for filing petitions for nomination for
24    delegates or alternate delegates to a national nominating
25    convention, the chairman of the State central committee of
26    such national political party shall notify the Board in

 

 

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

 

 

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

 

 

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1    day for petition filing and shall be open to the public.
2    Seven days written notice of the time and place of
3    conducting such random selection shall be given by the
4    State Board of Elections to the chairman of the State
5    central committee of each established political party, and
6    by each election authority or local election official, to
7    the County Chairman of each established political party,
8    and to each organization of citizens within the election
9    jurisdiction which was entitled, under this Article, at the
10    next preceding election, to have pollwatchers present on
11    the day of election. The State Board of Elections, election
12    authority or local election official shall post in a
13    conspicuous, open and public place, at the entrance of the
14    office, notice of the time and place of such lottery. The
15    State Board of Elections shall adopt rules and regulations
16    governing the procedures for the conduct of such lottery.
17    All candidates shall be certified in the order in which
18    their petitions have been filed. Where candidates have
19    filed simultaneously, they shall be certified in the order
20    determined by lot and prior to candidates who filed for the
21    same office at a later time.
22        (7) The State Board of Elections or the appropriate
23    election authority or local election official with whom
24    such a petition for nomination is filed shall notify the
25    person for whom a petition for nomination has been filed of
26    the obligation to file statements of organization, reports

 

 

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1    of campaign contributions, and annual reports of campaign
2    contributions and expenditures under Article 9 of this Act.
3    Such notice shall be given in the manner prescribed by
4    paragraph (7) of Section 9-16 of this Code.
5        (8) Nomination papers filed under this Section are not
6    valid if the candidate named therein fails to file a
7    statement of economic interests as required by the Illinois
8    Governmental Ethics Act in relation to his candidacy with
9    the appropriate officer by the end of the period for the
10    filing of nomination papers unless he has filed a statement
11    of economic interests in relation to the same governmental
12    unit with that officer within a year preceding the date on
13    which such nomination papers were filed. If the nomination
14    papers of any candidate and the statement of economic
15    interest of that candidate are not required to be filed
16    with the same officer, the candidate must file with the
17    officer with whom the nomination papers are filed a receipt
18    from the officer with whom the statement of economic
19    interests is filed showing the date on which such statement
20    was filed. Such receipt shall be so filed not later than
21    the last day on which nomination papers may be filed.
22        (9) Any person for whom a petition for nomination, or
23    for committeeman or for delegate or alternate delegate to a
24    national nominating convention has been filed may cause his
25    name to be withdrawn by request in writing, signed by him
26    and duly acknowledged before an officer qualified to take

 

 

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1    acknowledgments of deeds, and filed in the principal or
2    permanent branch office of the State Board of Elections or
3    with the appropriate election authority or local election
4    official, not later than the date of certification of
5    candidates for the consolidated primary or general primary
6    ballot. No names so withdrawn shall be certified or printed
7    on the primary ballot. If petitions for nomination have
8    been filed for the same person with respect to more than
9    one political party, his name shall not be certified nor
10    printed on the primary ballot of any party. If petitions
11    for nomination have been filed for the same person for 2 or
12    more offices which are incompatible so that the same person
13    could not serve in more than one of such offices if
14    elected, that person must withdraw as a candidate for all
15    but one of such offices within the 5 business days
16    following the last day for petition filing. A candidate in
17    a judicial election may file petitions for nomination for
18    only one vacancy in a subcircuit and only one vacancy in a
19    circuit in any one filing period, and if petitions for
20    nomination have been filed for the same person for 2 or
21    more vacancies in the same circuit or subcircuit in the
22    same filing period, his or her name shall be certified only
23    for the first vacancy for which the petitions for
24    nomination were filed. If he fails to withdraw as a
25    candidate for all but one of such offices within such time
26    his name shall not be certified, nor printed on the primary

 

 

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1    ballot, for any office. For the purpose of the foregoing
2    provisions, an office in a political party is not
3    incompatible with any other office.
4        (10)(a) Notwithstanding the provisions of any other
5    statute, no primary shall be held for an established
6    political party in any township, municipality, or ward
7    thereof, where the nomination of such party for every
8    office to be voted upon by the electors of such township,
9    municipality, or ward thereof, is uncontested. Whenever a
10    political party's nomination of candidates is uncontested
11    as to one or more, but not all, of the offices to be voted
12    upon by the electors of a township, municipality, or ward
13    thereof, then a primary shall be held for that party in
14    such township, municipality, or ward thereof; provided
15    that the primary ballot shall not include those offices
16    within such township, municipality, or ward thereof, for
17    which the nomination is uncontested. For purposes of this
18    Article, the nomination of an established political party
19    of a candidate for election to an office shall be deemed to
20    be uncontested where not more than the number of persons to
21    be nominated have timely filed valid nomination papers
22    seeking the nomination of such party for election to such
23    office.
24        (b) Notwithstanding the provisions of any other
25    statute, no primary election shall be held for an
26    established political party for any special primary

 

 

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1    election called for the purpose of filling a vacancy in the
2    office of representative in the United States Congress
3    where the nomination of such political party for said
4    office is uncontested. For the purposes of this Article,
5    the nomination of an established political party of a
6    candidate for election to said office shall be deemed to be
7    uncontested where not more than the number of persons to be
8    nominated have timely filed valid nomination papers
9    seeking the nomination of such established party for
10    election to said office. This subsection (b) shall not
11    apply if such primary election is conducted on a regularly
12    scheduled election day.
13        (c) Notwithstanding the provisions in subparagraph (a)
14    and (b) of this paragraph (10), whenever a person who has
15    not timely filed valid nomination papers and who intends to
16    become a write-in candidate for a political party's
17    nomination for any office for which the nomination is
18    uncontested files a written statement or notice of that
19    intent with the State Board of Elections or the local
20    election official with whom nomination papers for such
21    office are filed, a primary ballot shall be prepared and a
22    primary shall be held for that office. Such statement or
23    notice shall be filed on or before the date established in
24    this Article for certifying candidates for the primary
25    ballot. Such statement or notice shall contain (i) the name
26    and address of the person intending to become a write-in

 

 

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

 

 

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1    election official then only the first set of petitions
2    filed shall be valid and all subsequent petitions shall be
3    void.
4        (12) All nominating petitions shall be available for
5    public inspection and shall be preserved for a period of
6    not less than 6 months.
7(Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11.)
 
8    Section 10. The Sanitary District Act of 1917 is amended by
9changing Section 3 as follows:
 
10    (70 ILCS 2405/3)  (from Ch. 42, par. 301)
11    Sec. 3. Board of trustees; creation; term. A board of
12trustees shall be created, consisting of 5 members in any
13sanitary district which includes one or more municipalities
14with a population of over 90,000 but less than 500,000
15according to the most recent Federal census, and consisting of
163 members in any other district. However, the board of trustees
17for the Fox River Water Reclamation District, the Sanitary
18District of Decatur, and the Northern Moraine Wastewater
19Reclamation District shall each consist of 5 members. Each
20board of trustees shall be created for the government, control
21and management of the affairs and business of each sanitary
22district organized under this Act shall be created in the
23following manner:
24        (1) If the district is located wholly within a single

 

 

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1    county, the presiding officer of the county board, with the
2    advice and consent of the county board, shall appoint the
3    trustees for the district;
4        (2) If the district is located in more than one county,
5    the members of the General Assembly whose legislative
6    districts encompass any portion of the district shall
7    appoint the trustees for the district.
8    In any sanitary district which shall have a 3 member board
9of trustees, within 60 days after the adoption of such act, the
10appropriate appointing authority shall appoint three trustees
11not more than 2 of whom shall be from one incorporated city,
12town or village in districts in which are included 2 or more
13incorporated cities, towns or villages, or parts of 2 or more
14incorporated cities, towns or villages, who shall hold their
15office respectively for 1, 2 and 3 years, from the first Monday
16of May next after their appointment and until their successors
17are appointed and have qualified, and thereafter on or before
18the second Monday in April of each year the appropriate
19appointing authority shall appoint one trustee whose term shall
20be for 3 years commencing the first Monday in May of the year
21in which he is appointed. The length of the term of the first
22trustees shall be determined by lot at their first meeting.
23    In the case of any sanitary district created after January
241, 1978 in which a 5 member board of trustees is required, the
25appropriate appointing authority shall appoint 5 trustees, one
26of whom shall hold office for one year, two of whom shall hold

 

 

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1office for 2 years, and 2 of whom shall hold office for 3 years
2from the first Monday of May next after their respective
3appointments and until their successors are appointed and have
4qualified. Thereafter, on or before the second Monday in April
5of each year the appropriate appointing authority shall appoint
6one trustee or 2 trustees, as shall be necessary to maintain a
75 member board of trustees, whose terms shall be for 3 years
8commencing the first Monday in May of the year in which they
9are respectively appointed. The length of the terms of the
10first trustees shall be determined by lot at their first
11meeting.
12    In any sanitary district created prior to January 1, 1978
13in which a 5 member board of trustees is required as of January
141, 1978, the two trustees already serving terms which do not
15expire on May 1, 1978 shall continue to hold office for the
16remainders of their respective terms, and 3 trustees shall be
17appointed by the appropriate appointing authority by April 10,
181978 and shall hold office for terms beginning May 1, 1978. Of
19the three new trustees, one shall hold office for 2 years and 2
20shall hold office for 3 years from May 1, 1978 and until their
21successors are appointed and have qualified. Thereafter, on or
22before the second Monday in April of each year the appropriate
23appointing authority shall appoint one trustee or 2 trustees,
24as shall be necessary to maintain a 5 member board of trustees,
25whose terms shall be for 3 years commencing the first Monday in
26May of the year in which they are respectively appointed. The

 

 

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1lengths of the terms of the trustees who are to hold office
2beginning May 1, 1978 shall be determined by lot at their first
3meeting after May 1, 1978.
4    No more than 3 members of a 5 member board of trustees may
5be of the same political party; except that in any sanitary
6district which otherwise meets the requirements of this Section
7and which lies within 4 counties of the State of Illinois or,
8prior to April 30, 2008, in the Fox River Water Reclamation
9District; the appointments of the 5 members of the board of
10trustees shall be made without regard to political party.
11Beginning with the appointments made on April 30, 2008, all
12appointments to the board of trustees of the Fox River Water
13Reclamation District shall be made so that no more than 3 of
14the 5 members are from the same political party.
15    Beginning with the 2016 general election, the board of
16trustees of the Fox River Water Reclamation District shall be
17elected. The election of trustees shall be in accordance with
18the provisions of general election law. Any current board
19members whose terms do not expire in 2016 shall serve out the
20remainder of their term. The board of trustees shall consist of
215 elected members. The trustees shall be elected for staggered
22terms at the election as provided by the general election law.
23Three trustees shall be elected at the 2016 election, and 2
24trustees shall be elected at the following election. Elected
25trustees shall take office on the first Tuesday after the first
26Monday in the month following the month of their election and

 

 

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1shall hold their offices for 4 years and until their successors
2shall be elected and qualified. In all elections for trustees,
3each elector may vote for as many candidates as there are
4trustees to be elected, but no elector may give to the
5candidates more than one vote. When a vacancy exists on the
6board of trustees of the Fox River Water Reclamation District,
7the vacancy shall be filled by appointment by the president of
8the board of trustees, with the advice and consent of the
9members of the board of trustees, until the next regular
10election at which trustees of the district are elected, and
11shall be made a matter of record in the office of the county
12clerk in the county where the district is located.
13    Within 60 days after the release of Federal census
14statistics showing that a sanitary district having a 3 member
15board of trustees contains one or more municipalities with a
16population over 90,000 but less than 500,000, or, for the
17Northern Moraine Wastewater Reclamation District, within 60
18days after the effective date of this amendatory Act of the
1995th General Assembly, the appropriate appointing authority
20shall appoint 2 additional trustees to the board of trustees,
21one to hold office for 2 years and one to hold office for 3
22years from the first Monday of May next after their appointment
23and until their successors are appointed and have qualified.
24The lengths of the terms of these two additional members shall
25be determined by lot at the first meeting of the board of
26trustees held after the additional members take office. The

 

 

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1three trustees already holding office in the sanitary district
2shall continue to hold office for the remainders of their
3respective terms. Thereafter, on or before the second Monday in
4April of each year the appropriate appointing authority shall
5appoint one trustee or 2 trustees, as shall be necessary to
6maintain a 5 member board of trustees, whose terms shall be for
73 years commencing the first Monday in May of the year in which
8they are respectively appointed.
9    If any sanitary district having a 5 member board of
10trustees shall cease to contain one or more municipalities with
11a population over 90,000 but less than 500,000 according to the
12most recent Federal census, then, for so long as that sanitary
13district does not contain one or more such municipalities, on
14or before the second Monday in April of each year the
15appropriate appointing authority shall appoint one trustee
16whose term shall be for 3 years commencing the first Monday in
17May of the year in which he is appointed. In districts which
18include 2 or more incorporated cities, towns, or villages, or
19parts of 2 or more incorporated cities, towns, or villages, all
20of the trustees shall not be from one incorporated city, town
21or village.
22    If a vacancy occurs on any board of trustees, the
23appropriate appointing authority shall within 60 days appoint a
24trustee who shall hold office for the remainder of the vacated
25term.
26    The appointing authority shall require each of the trustees

 

 

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1to enter into bond, with security to be approved by the
2appointing authority, in such sum as the appointing authority
3may determine.
4    A majority of the board of trustees shall constitute a
5quorum but a smaller number may adjourn from day to day. No
6trustee or employee of such district shall be directly or
7indirectly interested in any contract, work or business of the
8district, or the sale of any article, the expense, price or
9consideration of which is paid by such district; nor in the
10purchase of any real estate or property belonging to the
11district, or which shall be sold for taxes or assessments, or
12by virtue of legal process at the suit of the district.
13Provided, that nothing herein shall be construed as prohibiting
14the appointment or selection of any person as trustee or
15employee whose only interest in the district is as owner of
16real estate in the district or of contributing to the payment
17of taxes levied by the district. The trustees shall have the
18power to provide and adopt a corporate seal for the district.
19    Notwithstanding any other provision in this Section, in any
20sanitary district created prior to the effective date of this
21amendatory Act of 1985, in which a five member board of
22trustees has been appointed and which currently includes one or
23more municipalities with a population of over 90,000 but less
24than 500,000, the board of trustees shall consist of five
25members.
26(Source: P.A. 95-608, eff. 9-11-07; 96-1065, eff. 7-16-10.)
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2013.".