Rep. Robert F. Martwick

Filed: 2/16/2016





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2    AMENDMENT NO. ______. Amend House Bill 557 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Election Code is amended by changing
5Sections 2A-1.2 and 2A-48 as follows:
6    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
7    Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
9    (a) At the general election in the appropriate
10even-numbered years, the following offices shall be filled or
11shall be on the ballot as otherwise required by this Code:
12        (1) Elector of President and Vice President of the
13    United States;
14        (2) United States Senator and United States
15    Representative;
16        (3) State Executive Branch elected officers;



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



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1        (2) in the appropriate even-numbered years the
2    political party offices of State central committeeman,
3    township committeeman, ward committeeman, and precinct
4    committeeman shall be filled and delegates and alternate
5    delegates to the National nominating conventions shall be
6    elected as may be required pursuant to this Code. In the
7    even-numbered years in which a Presidential election is to
8    be held, candidates in the Presidential preference primary
9    shall also be on the ballot.
10        (3) in each even-numbered year, where the municipality
11    has provided for annual elections to elect municipal
12    officers pursuant to Section 6(f) or Section 7 of Article
13    VII of the Constitution, pursuant to the Illinois Municipal
14    Code or pursuant to the municipal charter, the offices of
15    such municipal officers shall be filled at an election held
16    on the date of the general primary election, provided that
17    the municipal election shall be a nonpartisan election
18    where required by the Illinois Municipal Code. For partisan
19    municipal elections in even-numbered years, a primary to
20    nominate candidates for municipal office to be elected at
21    the general primary election shall be held on the Tuesday 6
22    weeks preceding that election.
23        (4) in each school district which has adopted the
24    provisions of Article 33 of the School Code, successors to
25    the members of the board of education whose terms expire in
26    the year in which the general primary is held shall be



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1    elected.
2        (5) in 2018, the members of the Chicago Board of
3    Education shall be elected to serve a term of 5 years;
4    successors shall be elected at the consolidated election
5    under subsection (c) of this Section as provided under
6    Section 2A-48 of this Code.
7    (c) At the consolidated election in the appropriate
8odd-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 and
22    except as otherwise provided in paragraph (5) of subsection
23    (b) of this Section;
24        (13) Members of Community College district boards;
25        (14) Trustees of Fire Protection Districts;
26        (15) Commissioners of the Springfield Metropolitan



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



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



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1    (h) There may be conducted a referendum in accordance with
2the provisions of Division 6-4 of the Counties Code.
3(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
4eff. 8-9-96; 90-358, eff. 1-1-98.)
5    (10 ILCS 5/2A-48)  (from Ch. 46, par. 2A-48)
6    Sec. 2A-48. Board of School Directors and Board of
7Education - Member - Time of Election. A member of a Board of
8School Directors or a member of an elected Board of Education,
9as the case may be, shall be elected at each consolidated
10election to succeed each incumbent member whose term ends
11before the following consolidated election. However, a member
12of the Chicago Board of Education shall be elected at each
13consolidated election beginning with the April 2023 election to
14succeed each incumbent member whose term ends before the
15following consolidated election.
16(Source: P.A. 90-358, eff. 1-1-98.)
17    Section 10. The School Code is amended by changing Sections
1834-3, 34-4, and 34-13.1 and by adding Section 34-21.9 as
20    (105 ILCS 5/34-3)  (from Ch. 122, par. 34-3)
21    Sec. 34-3. Chicago School Reform Board of Trustees; new
22Chicago Board of Education; members; term; vacancies.
23    (a) Within 30 days after the effective date of this



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1amendatory Act of 1995, the terms of all members of the Chicago
2Board of Education holding office on that date are abolished
3and the Mayor shall appoint, without the consent or approval of
4the City Council, a 5 member Chicago School Reform Board of
5Trustees which shall take office upon the appointment of the
6fifth member. The Chicago School Reform Board of Trustees and
7its members shall serve until, and the terms of all members of
8the Chicago School Reform Board of Trustees shall expire on,
9June 30, 1999 or upon the appointment of a new Chicago Board of
10Education as provided in subsection (b), whichever is later.
11Any vacancy in the membership of the Trustees shall be filled
12through appointment by the Mayor, without the consent or
13approval of the City Council, for the unexpired term. One of
14the members appointed by the Mayor to the Trustees shall be
15designated by the Mayor to serve as President of the Trustees.
16The Mayor shall appoint a full-time, compensated chief
17executive officer, and his or her compensation as such chief
18executive officer shall be determined by the Mayor. The Mayor,
19at his or her discretion, may appoint the President to serve
20simultaneously as the chief executive officer.
21    (b) This subsection (b) applies until March 20, 2018.
22Within 30 days before the expiration of the terms of the
23members of the Chicago Reform Board of Trustees as provided in
24subsection (a), a new Chicago Board of Education consisting of
257 members shall be appointed by the Mayor to take office on the
26later of July 1, 1999 or the appointment of the seventh member.



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1Three of the members initially so appointed under this
2subsection shall serve for terms ending June 30, 2002, 4 of the
3members initially so appointed under this subsection shall
4serve for terms ending June 30, 2003, and each member initially
5so appointed shall continue to hold office until his or her
6successor is appointed and qualified. Thereafter at the
7expiration of the term of any member a successor shall be
8appointed by the Mayor and shall hold office for a term of 4
9years, from July 1 of the year in which the term commences and
10until a successor is appointed and qualified. Any vacancy in
11the membership of the Chicago Board of Education shall be
12filled through appointment by the Mayor for the unexpired term.
13No appointment to membership on the Chicago Board of Education
14that is made by the Mayor under this subsection shall require
15the approval of the City Council, whether the appointment is
16made for a full term or to fill a vacancy for an unexpired term
17on the Board.
18    (b-5) On March 20, 2018, the terms of all members of the
19Chicago Board of Education appointed under subsection (b) of
20this Section are abolished when the new board, consisting of 21
21members, is elected by the electors of the school district as
22provided in this subsection (b-5) and takes office.
23    Each member shall be elected for a term of 4 years,
24commencing on the second Tuesday in May of the year in which
25the member is elected, and until the member's successor is
26elected and has qualified, except that members of the board



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1elected to terms commencing on March 20, 2018 shall organize on
2the date their terms commence to serve for terms of 5 years and
3until the member's successor is elected and has qualified. For
4purposes of elections conducted pursuant to this subsection
5(b-5), the City of Chicago shall be subdivided into 20
6electoral districts by the General Assembly for seats on the
7Chicago Board of Education, as provided under Section 34-21.9
8of this Code. Each district shall be represented by a member,
9and one member shall be elected at large and serve as the
10president of the board.
11    On March 20, 2018 and within 28 days after each election
12thereafter, the board shall organize by electing its vice
13president and fixing a time and place for the regular meetings.
14At least 50% of the board's regular meetings shall take place
15after regular business hours in order to maximize community
16participation. Upon organizing itself as provided in this
17subsection (b-5), the board shall enter upon the discharge of
18its duties.
19    Whenever a vacancy in the board occurs, the remaining
20members of the board shall notify the Mayor of that vacancy
21within 5 days after its occurrence and shall proceed to fill
22the vacancy until the next board election, at which election a
23successor shall be elected to serve the remainder of the
24unexpired term. However, if the vacancy occurs with less than
2528 months remaining in the term or if the vacancy occurs less
26than 88 days before the next board election, then the person so



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1appointed shall serve the remainder of the unexpired term, and
2no election to fill the vacancy shall be held. The successor
3shall have the same residential and other qualifications as his
4or her predecessor. Should the remaining board members fail to
5act within 45 days after the vacancy occurs, the Mayor shall,
6within 30 days after the remaining members have failed to fill
7the vacancy, fill the vacancy as provided for in this Section.
8Upon the Mayor's failure to fill the vacancy, the vacancy shall
9be filled at the next board election. The successor shall have
10the same residential and other qualifications as his or her
12    (b-10) The board shall elect annually from its number a
13president and vice-president, in such manner and at such time
14as the board determines by its rules. The president elected by
15the voters and vice-president elected by the board officers so
16elected shall each perform the duties imposed upon his or her
17their respective office by the rules of the board, provided
18that (i) the president shall preside at meetings of the board
19and vote as any other member but have no power of veto, and
20(ii) the vice president shall perform the duties of the
21president if that office is vacant or the president is absent
22or unable to act. The secretary of the board Board shall be
23selected by the board Board and shall be an employee of the
24board Board rather than a member of the board Board,
25notwithstanding subsection (d) of Section 34-3.3. The duties of
26the secretary shall be imposed by the rules of the board Board.



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1    (c) The board may appoint a student to the board to serve
2in an advisory capacity. The student member shall serve for a
3term as determined by the board. The board may not grant the
4student member any voting privileges, but shall consider the
5student member as an advisor. The student member may not
6participate in or attend any executive session of the board.
7(Source: P.A. 94-231, eff. 7-14-05.)
8    (105 ILCS 5/34-4)  (from Ch. 122, par. 34-4)
9    Sec. 34-4. Eligibility.
10    (a) To be eligible for election appointment to the board, a
11person shall be a citizen of the United States, shall be a
12registered voter as provided in the Election Code, shall have
13been a resident of the city and the electoral district for at
14least one year 3 years immediately preceding his or her
15election appointment, and shall not be a child sex offender as
16defined in Section 11-9.3 of the Criminal Code of 2012. A
17person is ineligible to run for office if that person is an
18employee of the school district. All persons eligible for
19election to the board shall obtain no less than 250 signatures
20on a petition in order to be placed on the ballot. Petitions
21must be prepared and certified on the same schedule as the
22petition schedule for candidates for the General Assembly.
23Nomination papers are not valid unless the candidate named
24therein files with the board of election commissioners a
25receipt from the county clerk showing that the candidate has



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1filed a statement of economic interests as required by the
2Illinois Governmental Ethics Act. Such receipt shall be so
3filed either previously during the calendar year in which his
4or her nomination papers were filed or within the period for
5the filing of nomination papers in accordance with the general
6election law. Permanent removal from the city by any member of
7the board during his or her term of office constitutes a
8resignation therefrom and creates a vacancy in the board. Board
9members shall receive reasonable compensation. Board Except
10for the President of the Chicago School Reform Board of
11Trustees who may be paid compensation for his or her services
12as chief executive officer as determined by the Mayor as
13provided in subsection (a) of Section 34-3, board members shall
14serve without any compensation; provided, that board members
15shall be reimbursed for expenses incurred while in the
16performance of their duties upon submission of proper receipts
17or upon submission of a signed voucher in the case of an
18expense allowance evidencing the amount of such reimbursement
19or allowance to the president of the board for verification and
20approval. Board members The board of education may continue to
21provide health care insurance coverage, employer pension
22contributions, employee pension contributions, and life
23insurance premium payments for an employee required to resign
24from an administrative, teaching, or career service position in
25order to qualify as a member of the board of education. They
26shall not hold other public office under the Federal, State or



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1any local government other than that of Director of the
2Regional Transportation Authority, member of the economic
3development commission of a city having a population exceeding
4500,000, notary public or member of the National Guard, and by
5accepting any such office while members of the board, or by not
6resigning any such office held at the time of being elected
7appointed to the board within 30 days after such election
8appointment, shall be deemed to have vacated their membership
9in the board.
10(Source: P.A. 97-1150, eff. 1-25-13.)
11    (105 ILCS 5/34-13.1)
12    Sec. 34-13.1. Inspector General.
13    (a) The Inspector General and his office in existence on
14the effective date of this amendatory Act of 1995 shall be
15transferred to the jurisdiction of the board upon appointment
16of the Chicago School Reform Board of Trustees. The Inspector
17General shall have the authority to conduct investigations into
18allegations of or incidents of waste, fraud, and financial
19mismanagement in public education within the jurisdiction of
20the board by a local school council member or an employee,
21contractor, or member of the board or involving school projects
22managed or handled by the Public Building Commission. The
23Inspector General shall make recommendations to the board about
24the investigations. The Inspector General in office on the
25effective date of this amendatory Act of 1996 shall serve for a



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1term expiring on June 30, 1998. His or her successors in office
2shall each be appointed by the Mayor, without the consent or
3approval of the City Council, for 4 year terms expiring on June
430th of an even numbered year; however, beginning on March 20,
52018, successors shall be appointed by the board instead of the
6Mayor. If the Inspector General leaves office or if a vacancy
7in that office otherwise occurs, the Mayor shall appoint,
8without the consent or approval of the City Council, a
9successor to serve under this Section for the remainder of the
10unexpired term; however, beginning on March 20, 2018,
11successors shall be appointed by the board instead of the
12Mayor. The Inspector General shall be independent of the
13operations of the board and the School Finance Authority, and
14shall perform other duties requested by the board.
15    (b) The Inspector General shall have access to all
16information and personnel necessary to perform the duties of
17the office. If the Inspector General determines that a possible
18criminal act has been committed or that special expertise is
19required in the investigation, he or she shall immediately
20notify the Chicago Police Department and the Cook County
21State's Attorney. All investigations conducted by the
22Inspector General shall be conducted in a manner that ensures
23the preservation of evidence for use in criminal prosecutions.
24    (c) At all times the Inspector General shall be granted
25access to any building or facility that is owned, operated, or
26leased by the board, the Public Building Commission, or the



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1city in trust and for the use and benefit of the schools of the
3    (d) The Inspector General shall have the power to subpoena
4witnesses and compel the production of books and papers
5pertinent to an investigation authorized by this Code. Any
6person who (1) fails to appear in response to a subpoena; (2)
7fails to answer any question; (3) fails to produce any books or
8papers pertinent to an investigation under this Code; or (4)
9knowingly gives false testimony during an investigation under
10this Code, is guilty of a Class A misdemeanor.
11    (e) The Inspector General shall provide to the board and
12the Illinois General Assembly a summary of reports and
13investigations made under this Section for the previous fiscal
14year no later than January 1 of each year, except that the
15Inspector General shall provide the summary of reports and
16investigations made under this Section for the period
17commencing July 1, 1998 and ending April 30, 1999 no later than
18May 1, 1999. The summaries shall detail the final disposition
19of those recommendations. The summaries shall not contain any
20confidential or identifying information concerning the
21subjects of the reports and investigations. The summaries shall
22also include detailed recommended administrative actions and
23matters for consideration by the General Assembly.
24    (f) (Blank).
25    (g) (Blank).
26(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)



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1    (105 ILCS 5/34-21.9 new)
2    Sec. 34-21.9. Creation of electoral districts;
3reapportionment of districts.
4    (a) For purposes of elections conducted pursuant to
5subsection (b-5) of Section 34-3 of this Code, the City of
6Chicago shall be subdivided into 20 electoral districts after
7the effective date of this amendatory Act of the 99th General
8Assembly by the General Assembly for seats on the Chicago Board
9of Education. The electoral districts must be drawn on or
10before January 1, 2017. Each district must be compact,
11contiguous, and substantially equal in population and
12consistent with the U.S. Constitution, the Illinois
13Constitution, and the federal Voting Rights Act of 1965. In
14addition, each of the districts must be drawn to reflect the
15following principles: the preservation of communities of
16interests, respect for wards and other political subdivision
17boundaries, proposals or other input submitted by members of
18the public and stakeholder groups, respect for geographic
19features and natural or logical boundaries, and other
20redistricting principles recognized by State and federal court
22    (b) In the year following each decennial census, the
23General Assembly shall reapportion the electoral districts to
24reflect the results of the decennial census. The electoral
25districts shall be reapportioned consistent with the



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1requirements in subsection (a) of this Section. The
2reapportionment plan shall be completed and formally approved
3by the General Assembly not less than 90 days before the last
4date established by law for the filing of nominating petitions
5for the second school board election after the decennial census
6year. If by reapportionment a board member no longer resides
7within the electoral district from which the member was
8elected, the member shall continue to serve in office until the
9expiration of the member's regular term. All new members shall
10be elected from the electoral districts as reapportioned.
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".