Rep. Keith Farnham

Filed: 3/22/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3895

2    AMENDMENT NO. ______. Amend House Bill 3895, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Election Code is amended by changing
6Sections 2A-41 and 7-12 as follows:
 
7    (10 ILCS 5/2A-41)  (from Ch. 46, par. 2A-41)
8    Sec. 2A-41. Sanitary District - Trustee - Time of Election.
9A trustee of a Sanitary District which elects its trustees,
10other than the Metropolitan Sanitary District of Greater
11Chicago or the Fox River Water Reclamation District, shall be
12elected at the general election in each even-numbered year
13which immediately precedes the expiration of the term of any
14incumbent trustee, to succeed each incumbent trustee whose term
15ends before the following general election.
16(Source: P.A. 80-936.)
 

 

 

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1    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
2    Sec. 7-12. All petitions for nomination shall be filed by
3mail or in person as follows:
4        (1) Where the nomination is to be made for a State,
5    congressional, or judicial office, or for any office a
6    nomination for which is made for a territorial division or
7    district which comprises more than one county or is partly
8    in one county and partly in another county or counties,
9    then, except as otherwise provided in this Section, such
10    petition for nomination shall be filed in the principal
11    office of the State Board of Elections not more than 113
12    and not less than 106 days prior to the date of the
13    primary, but, in the case of petitions for nomination to
14    fill a vacancy by special election in the office of
15    representative in Congress from this State, such petition
16    for nomination shall be filed in the principal office of
17    the State Board of Elections not more than 57 days and not
18    less than 50 days prior to the date of the primary.
19        Where a vacancy occurs in the office of Supreme,
20    Appellate or Circuit Court Judge within the 3-week period
21    preceding the 106th day before a general primary election,
22    petitions for nomination for the office in which the
23    vacancy has occurred shall be filed in the principal office
24    of the State Board of Elections not more than 92 nor less
25    than 85 days prior to the date of the general primary

 

 

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1    election.
2        Where the nomination is to be made for delegates or
3    alternate delegates to a national nominating convention,
4    then such petition for nomination shall be filed in the
5    principal office of the State Board of Elections not more
6    than 113 and not less than 106 days prior to the date of
7    the primary; provided, however, that if the rules or
8    policies of a national political party conflict with such
9    requirements for filing petitions for nomination for
10    delegates or alternate delegates to a national nominating
11    convention, the chairman of the State central committee of
12    such national political party shall notify the Board in
13    writing, citing by reference the rules or policies of the
14    national political party in conflict, and in such case the
15    Board shall direct such petitions to be filed in accordance
16    with the delegate selection plan adopted by the state
17    central committee of such national political party.
18        (2) Where the nomination is to be made for a county
19    office or trustee of a sanitary district or the Fox River
20    Water Reclamation District then such petition shall be
21    filed in the office of the county clerk not more than 113
22    nor less than 106 days prior to the date of the primary.
23        (3) Where the nomination is to be made for a municipal
24    or township office, such petitions for nomination shall be
25    filed in the office of the local election official, not
26    more than 99 nor less than 92 days prior to the date of the

 

 

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1    primary; provided, where a municipality's or township's
2    boundaries are coextensive with or are entirely within the
3    jurisdiction of a municipal board of election
4    commissioners, the petitions shall be filed in the office
5    of such board; and provided, that petitions for the office
6    of multi-township assessor shall be filed with the election
7    authority.
8        (4) The petitions of candidates for State central
9    committeeman shall be filed in the principal office of the
10    State Board of Elections not more than 113 nor less than
11    106 days prior to the date of the primary.
12        (5) Petitions of candidates for precinct, township or
13    ward committeemen shall be filed in the office of the
14    county clerk not more than 113 nor less than 106 days prior
15    to the date of the primary.
16        (6) The State Board of Elections and the various
17    election authorities and local election officials with
18    whom such petitions for nominations are filed shall specify
19    the place where filings shall be made and upon receipt
20    shall endorse thereon the day and hour on which each
21    petition was filed. All petitions filed by persons waiting
22    in line as of 8:00 a.m. on the first day for filing, or as
23    of the normal opening hour of the office involved on such
24    day, shall be deemed filed as of 8:00 a.m. or the normal
25    opening hour, as the case may be. Petitions filed by mail
26    and received after midnight of the first day for filing and

 

 

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1    in the first mail delivery or pickup of that day shall be
2    deemed as filed as of 8:00 a.m. of that day or as of the
3    normal opening hour of such day, as the case may be. All
4    petitions received thereafter shall be deemed as filed in
5    the order of actual receipt. Where 2 or more petitions are
6    received simultaneously, the State Board of Elections or
7    the various election authorities or local election
8    officials with whom such petitions are filed shall break
9    ties and determine the order of filing, by means of a
10    lottery or other fair and impartial method of random
11    selection approved by the State Board of Elections. Such
12    lottery shall be conducted within 9 days following the last
13    day for petition filing and shall be open to the public.
14    Seven days written notice of the time and place of
15    conducting such random selection shall be given by the
16    State Board of Elections to the chairman of the State
17    central committee of each established political party, and
18    by each election authority or local election official, to
19    the County Chairman of each established political party,
20    and to each organization of citizens within the election
21    jurisdiction which was entitled, under this Article, at the
22    next preceding election, to have pollwatchers present on
23    the day of election. The State Board of Elections, election
24    authority or local election official shall post in a
25    conspicuous, open and public place, at the entrance of the
26    office, notice of the time and place of such lottery. The

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    not timely filed valid nomination papers and who intends to
2    become a write-in candidate for a political party's
3    nomination for any office for which the nomination is
4    uncontested files a written statement or notice of that
5    intent with the State Board of Elections or the local
6    election official with whom nomination papers for such
7    office are filed, a primary ballot shall be prepared and a
8    primary shall be held for that office. Such statement or
9    notice shall be filed on or before the date established in
10    this Article for certifying candidates for the primary
11    ballot. Such statement or notice shall contain (i) the name
12    and address of the person intending to become a write-in
13    candidate, (ii) a statement that the person is a qualified
14    primary elector of the political party from whom the
15    nomination is sought, (iii) a statement that the person
16    intends to become a write-in candidate for the party's
17    nomination, and (iv) the office the person is seeking as a
18    write-in candidate. An election authority shall have no
19    duty to conduct a primary and prepare a primary ballot for
20    any office for which the nomination is uncontested unless a
21    statement or notice meeting the requirements of this
22    Section is filed in a timely manner.
23        (11) If multiple sets of nomination papers are filed
24    for a candidate to the same office, the State Board of
25    Elections, appropriate election authority or local
26    election official where the petitions are filed shall

 

 

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1    within 2 business days notify the candidate of his or her
2    multiple petition filings and that the candidate has 3
3    business days after receipt of the notice to notify the
4    State Board of Elections, appropriate election authority
5    or local election official that he or she may cancel prior
6    sets of petitions. If the candidate notifies the State
7    Board of Elections, appropriate election authority or
8    local election official, the last set of petitions filed
9    shall be the only petitions to be considered valid by the
10    State Board of Elections, election authority or local
11    election official. If the candidate fails to notify the
12    State Board of Elections, election authority or local
13    election official then only the first set of petitions
14    filed shall be valid and all subsequent petitions shall be
15    void.
16        (12) All nominating petitions shall be available for
17    public inspection and shall be preserved for a period of
18    not less than 6 months.
19(Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11.)
 
20    Section 10. The Sanitary District Act of 1917 is amended by
21changing Section 3 as follows:
 
22    (70 ILCS 2405/3)  (from Ch. 42, par. 301)
23    Sec. 3. Board of trustees; creation; term. A board of
24trustees shall be created, consisting of 5 members in any

 

 

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1sanitary district which includes one or more municipalities
2with a population of over 90,000 but less than 500,000
3according to the most recent Federal census, and consisting of
43 members in any other district. However, the board of trustees
5for the Fox River Water Reclamation District, the Sanitary
6District of Decatur, and the Northern Moraine Wastewater
7Reclamation District shall each consist of 5 members. Each
8board of trustees shall be created for the government, control
9and management of the affairs and business of each sanitary
10district organized under this Act shall be created in the
11following manner:
12        (1) If the district is located wholly within a single
13    county, the presiding officer of the county board, with the
14    advice and consent of the county board, shall appoint the
15    trustees for the district;
16        (2) If the district is located in more than one county,
17    the members of the General Assembly whose legislative
18    districts encompass any portion of the district shall
19    appoint the trustees for the district.
20    In any sanitary district which shall have a 3 member board
21of trustees, within 60 days after the adoption of such act, the
22appropriate appointing authority shall appoint three trustees
23not more than 2 of whom shall be from one incorporated city,
24town or village in districts in which are included 2 or more
25incorporated cities, towns or villages, or parts of 2 or more
26incorporated cities, towns or villages, who shall hold their

 

 

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1office respectively for 1, 2 and 3 years, from the first Monday
2of May next after their appointment and until their successors
3are appointed and have qualified, and thereafter on or before
4the second Monday in April of each year the appropriate
5appointing authority shall appoint one trustee whose term shall
6be for 3 years commencing the first Monday in May of the year
7in which he is appointed. The length of the term of the first
8trustees shall be determined by lot at their first meeting.
9    In the case of any sanitary district created after January
101, 1978 in which a 5 member board of trustees is required, the
11appropriate appointing authority shall appoint 5 trustees, one
12of whom shall hold office for one year, two of whom shall hold
13office for 2 years, and 2 of whom shall hold office for 3 years
14from the first Monday of May next after their respective
15appointments and until their successors are appointed and have
16qualified. Thereafter, on or before the second Monday in April
17of each year the appropriate appointing authority shall appoint
18one trustee or 2 trustees, as shall be necessary to maintain a
195 member board of trustees, whose terms shall be for 3 years
20commencing the first Monday in May of the year in which they
21are respectively appointed. The length of the terms of the
22first trustees shall be determined by lot at their first
23meeting.
24    In any sanitary district created prior to January 1, 1978
25in which a 5 member board of trustees is required as of January
261, 1978, the two trustees already serving terms which do not

 

 

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1expire on May 1, 1978 shall continue to hold office for the
2remainders of their respective terms, and 3 trustees shall be
3appointed by the appropriate appointing authority by April 10,
41978 and shall hold office for terms beginning May 1, 1978. Of
5the three new trustees, one shall hold office for 2 years and 2
6shall hold office for 3 years from May 1, 1978 and until their
7successors are appointed and have qualified. Thereafter, on or
8before the second Monday in April of each year the appropriate
9appointing authority shall appoint one trustee or 2 trustees,
10as shall be necessary to maintain a 5 member board of trustees,
11whose terms shall be for 3 years commencing the first Monday in
12May of the year in which they are respectively appointed. The
13lengths of the terms of the trustees who are to hold office
14beginning May 1, 1978 shall be determined by lot at their first
15meeting after May 1, 1978.
16    No more than 3 members of a 5 member board of trustees may
17be of the same political party; except that in any sanitary
18district which otherwise meets the requirements of this Section
19and which lies within 4 counties of the State of Illinois or,
20prior to April 30, 2008, in the Fox River Water Reclamation
21District; the appointments of the 5 members of the board of
22trustees shall be made without regard to political party.
23Beginning with the appointments made on April 30, 2008, all
24appointments to the board of trustees of the Fox River Water
25Reclamation District shall be made so that no more than 3 of
26the 5 members are from the same political party.

 

 

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1    Beginning with the 2015 municipal election, the board of
2trustees of the Fox River Water Reclamation District shall be
3elected. The election of trustees shall be in accordance with
4the provisions Section 2A-1.1 of the Election Code. Any current
5board members whose terms do not expire in 2015 shall serve out
6the remainder of their term. The board of trustees shall
7consist of 5 elected members. The trustees shall be elected for
8staggered terms at the election as provided by the general
9election law. Two trustees shall be elected at the 2015
10election, and 3 trustees shall be elected at the following
11election. Elected trustees shall take office on the first
12Tuesday after the first Monday in the month following the month
13of their election and shall hold their offices for 4 years and
14until their successors shall be elected and qualified. In all
15elections for trustees, each elector may vote for as many
16candidates as there are trustees to be elected, but no elector
17may give to the candidates more than one vote. When a vacancy
18exists on the board of trustees of the Fox River Water
19Reclamation District, the vacancy shall be filled by
20appointment by the president of the board of trustees, with the
21advice and consent of the members of the board of trustees,
22until the next regular election at which trustees of the
23district are elected, and shall be made a matter of record in
24the office of the county clerk in the county where the district
25is located. For a vacancy filled by appointment, the portion of
26the unexpired term remaining after the next regular election at

 

 

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1which trustees of the district are elected shall be filled by
2election, as provided for in this paragraph.
3    Within 60 days after the release of Federal census
4statistics showing that a sanitary district having a 3 member
5board of trustees contains one or more municipalities with a
6population over 90,000 but less than 500,000, or, for the
7Northern Moraine Wastewater Reclamation District, within 60
8days after the effective date of this amendatory Act of the
995th General Assembly, the appropriate appointing authority
10shall appoint 2 additional trustees to the board of trustees,
11one to hold office for 2 years and one to hold office for 3
12years from the first Monday of May next after their appointment
13and until their successors are appointed and have qualified.
14The lengths of the terms of these two additional members shall
15be determined by lot at the first meeting of the board of
16trustees held after the additional members take office. The
17three trustees already holding office in the sanitary district
18shall continue to hold office for the remainders of their
19respective terms. Thereafter, on or before the second Monday in
20April of each year the appropriate appointing authority shall
21appoint one trustee or 2 trustees, as shall be necessary to
22maintain a 5 member board of trustees, whose terms shall be for
233 years commencing the first Monday in May of the year in which
24they are respectively appointed.
25    If any sanitary district having a 5 member board of
26trustees shall cease to contain one or more municipalities with

 

 

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1a population over 90,000 but less than 500,000 according to the
2most recent Federal census, then, for so long as that sanitary
3district does not contain one or more such municipalities, on
4or before the second Monday in April of each year the
5appropriate appointing authority shall appoint one trustee
6whose term shall be for 3 years commencing the first Monday in
7May of the year in which he is appointed. In districts which
8include 2 or more incorporated cities, towns, or villages, or
9parts of 2 or more incorporated cities, towns, or villages, all
10of the trustees shall not be from one incorporated city, town
11or village.
12    If a vacancy occurs on any board of trustees, the
13appropriate appointing authority shall within 60 days appoint a
14trustee who shall hold office for the remainder of the vacated
15term.
16    The appointing authority shall require each of the trustees
17to enter into bond, with security to be approved by the
18appointing authority, in such sum as the appointing authority
19may determine.
20    A majority of the board of trustees shall constitute a
21quorum but a smaller number may adjourn from day to day. No
22trustee or employee of such district shall be directly or
23indirectly interested in any contract, work or business of the
24district, or the sale of any article, the expense, price or
25consideration of which is paid by such district; nor in the
26purchase of any real estate or property belonging to the

 

 

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1district, or which shall be sold for taxes or assessments, or
2by virtue of legal process at the suit of the district.
3Provided, that nothing herein shall be construed as prohibiting
4the appointment or selection of any person as trustee or
5employee whose only interest in the district is as owner of
6real estate in the district or of contributing to the payment
7of taxes levied by the district. The trustees shall have the
8power to provide and adopt a corporate seal for the district.
9    Notwithstanding any other provision in this Section, in any
10sanitary district created prior to the effective date of this
11amendatory Act of 1985, in which a five member board of
12trustees has been appointed and which currently includes one or
13more municipalities with a population of over 90,000 but less
14than 500,000, the board of trustees shall consist of five
15members.
16(Source: P.A. 95-608, eff. 9-11-07; 96-1065, eff. 7-16-10.)
 
17    Section 99. Effective date. This Act takes effect January
181, 2013.".