Sen. Kwame Raoul

Filed: 11/15/2016





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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    subject to runoff elections to be held 60 days after the
5    general primary election; successors shall be elected at
6    the consolidated election under subsection (c) of this
7    Section to a term of 4 years as provided under Section
8    2A-48. The election of members of the Chicago Board of
9    Education held in 2018 shall be a nonpartisan election as
10    provided for under this Code and conducted on a separate
11    ballot. The elections conducted pursuant to this paragraph
12    (5) shall be conducted in accordance with the federal
13    Voting Rights Act and the Illinois Voting Rights Act of
14    2011.
15    (c) At the consolidated election in the appropriate
16odd-numbered years, the following offices shall be filled:
17        (1) Municipal officers, provided that in
18    municipalities in which candidates for alderman or other
19    municipal office are not permitted by law to be candidates
20    of political parties, the runoff election where required by
21    law, or the nonpartisan election where required by law,
22    shall be held on the date of the consolidated election; and
23    provided further, in the case of municipal officers
24    provided for by an ordinance providing the form of
25    government of the municipality pursuant to Section 7 of
26    Article VII of the Constitution, such offices shall be



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1    filled by election or by runoff election as may be provided
2    by such ordinance;
3        (2) Village and incorporated town library directors;
4        (3) City boards of stadium commissioners;
5        (4) Commissioners of park districts;
6        (5) Trustees of public library districts;
7        (6) Special District elected officers, not otherwise
8    designated in this section, where the statute creating or
9    authorizing the creation of the district permits or
10    requires election of candidates of political parties;
11        (7) Township officers, including township park
12    commissioners, township library directors, and boards of
13    managers of community buildings, and Multi-Township
14    Assessors;
15        (8) Highway commissioners and road district clerks;
16        (9) Members of school boards in school districts which
17    adopt Article 33 of the School Code;
18        (10) The directors and chairman of the Chain O Lakes -
19    Fox River Waterway Management Agency;
20        (11) Forest preserve district commissioners elected
21    under Section 3.5 of the Downstate Forest Preserve District
22    Act;
23        (12) Elected members of school boards, school
24    trustees, directors of boards of school directors,
25    trustees of county boards of school trustees (except in
26    counties or educational service regions having a



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1    population of 2,000,000 or more inhabitants) and members of
2    boards of school inspectors, except school boards in school
3    districts that adopt Article 33 of the School Code and
4    except as otherwise provided in paragraph (5) of subsection
5    (b) of this Section;
6        (13) Members of Community College district boards;
7        (14) Trustees of Fire Protection Districts;
8        (15) Commissioners of the Springfield Metropolitan
9    Exposition and Auditorium Authority;
10        (16) Elected Trustees of Tuberculosis Sanitarium
11    Districts;
12        (17) Elected Officers of special districts not
13    otherwise designated in this Section for which the law
14    governing those districts does not permit candidates of
15    political parties.
16    (d) At the consolidated primary election in each
17odd-numbered year, candidates of political parties shall be
18nominated for those offices to be filled at the consolidated
19election in that year, except where pursuant to law nomination
20of candidates of political parties is made by caucus, and
21except those offices listed in paragraphs (12) through (17) of
22subsection (c).
23    At the consolidated primary election in the appropriate
24odd-numbered years, the mayor, clerk, treasurer, and aldermen
25shall be elected in municipalities in which candidates for
26mayor, clerk, treasurer, or alderman are not permitted by law



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1to be candidates of political parties, subject to runoff
2elections to be held at the consolidated election as may be
3required by law, and municipal officers shall be nominated in a
4nonpartisan election in municipalities in which pursuant to law
5candidates for such office are not permitted to be candidates
6of political parties.
7    At the consolidated primary election in the appropriate
8odd-numbered years, municipal officers shall be nominated or
9elected, or elected subject to a runoff, as may be provided by
10an ordinance providing a form of government of the municipality
11pursuant to Section 7 of Article VII of the Constitution.
12    (e) (Blank).
13    (f) At any election established in Section 2A-1.1, public
14questions may be submitted to voters pursuant to this Code and
15any special election otherwise required or authorized by law or
16by court order may be conducted pursuant to this Code.
17    Notwithstanding the regular dates for election of officers
18established in this Article, whenever a referendum is held for
19the establishment of a political subdivision whose officers are
20to be elected, the initial officers shall be elected at the
21election at which such referendum is held if otherwise so
22provided by law. In such cases, the election of the initial
23officers shall be subject to the referendum.
24    Notwithstanding the regular dates for election of
25officials established in this Article, any community college
26district which becomes effective by operation of law pursuant



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1to Section 6-6.1 of the Public Community College Act, as now or
2hereafter amended, shall elect the initial district board
3members at the next regularly scheduled election following the
4effective date of the new district.
5    (g) At any election established in Section 2A-1.1, if in
6any precinct there are no offices or public questions required
7to be on the ballot under this Code then no election shall be
8held in the precinct on that date.
9    (h) There may be conducted a referendum in accordance with
10the provisions of Division 6-4 of the Counties Code.
11(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
12eff. 8-9-96; 90-358, eff. 1-1-98.)
13    (10 ILCS 5/2A-48)  (from Ch. 46, par. 2A-48)
14    Sec. 2A-48. Board of School Directors and Board of
15Education - Member - Time of Election. A member of a Board of
16School Directors or a member of an elected Board of Education,
17as the case may be, shall be elected at each consolidated
18election to succeed each incumbent member whose term ends
19before the following consolidated election. However, except as
20otherwise provided in paragraph (5) of subsection (b) of
21Section 2A-1.2, a member of the Chicago Board of Education
22shall be elected at each consolidated primary election, subject
23to a runoff election to be held at the consolidated election,
24beginning with the February 2023 election to succeed each
25incumbent member whose term ends before the following



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1consolidated election. An election for a member of the Chicago
2Board of Education shall be conducted in accordance with the
3federal Voting Rights Act and the Illinois Voting Rights Act of
5(Source: P.A. 90-358, eff. 1-1-98.)
6    Section 10. The School Code is amended by changing Sections
734-3, 34-3.3, 34-4, 34-6, 34-13.1, and 34-21.9 and by adding
8Sections 34-4.1 and 34-4.2 as follows:
9    (105 ILCS 5/34-3)  (from Ch. 122, par. 34-3)
10    Sec. 34-3. Chicago School Reform Board of Trustees; new
11Chicago Board of Education; members; term; vacancies.
12    (a) Within 30 days after the effective date of this
13amendatory Act of 1995, the terms of all members of the Chicago
14Board of Education holding office on that date are abolished
15and the Mayor shall appoint, without the consent or approval of
16the City Council, a 5 member Chicago School Reform Board of
17Trustees which shall take office upon the appointment of the
18fifth member. The Chicago School Reform Board of Trustees and
19its members shall serve until, and the terms of all members of
20the Chicago School Reform Board of Trustees shall expire on,
21June 30, 1999 or upon the appointment of a new Chicago Board of
22Education as provided in subsection (b), whichever is later.
23Any vacancy in the membership of the Trustees shall be filled
24through appointment by the Mayor, without the consent or



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1approval of the City Council, for the unexpired term. One of
2the members appointed by the Mayor to the Trustees shall be
3designated by the Mayor to serve as President of the Trustees.
4The Mayor shall appoint a full-time, compensated chief
5executive officer, and his or her compensation as such chief
6executive officer shall be determined by the Mayor. The Mayor,
7at his or her discretion, may appoint the President to serve
8simultaneously as the chief executive officer.
9    (b) This subsection (b) applies until March 20, 2018.
10Within 30 days before the expiration of the terms of the
11members of the Chicago Reform Board of Trustees as provided in
12subsection (a), a new Chicago Board of Education consisting of
137 members shall be appointed by the Mayor to take office on the
14later of July 1, 1999 or the appointment of the seventh member.
15Three of the members initially so appointed under this
16subsection shall serve for terms ending June 30, 2002, 4 of the
17members initially so appointed under this subsection shall
18serve for terms ending June 30, 2003, and each member initially
19so appointed shall continue to hold office until his or her
20successor is appointed and qualified. Thereafter at the
21expiration of the term of any member a successor shall be
22appointed by the Mayor and shall hold office for a term of 4
23years, from July 1 of the year in which the term commences and
24until a successor is appointed and qualified. Any vacancy in
25the membership of the Chicago Board of Education shall be
26filled through appointment by the Mayor for the unexpired term.



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1No appointment to membership on the Chicago Board of Education
2that is made by the Mayor under this subsection shall require
3the approval of the City Council, whether the appointment is
4made for a full term or to fill a vacancy for an unexpired term
5on the Board. The terms of all members of the Chicago Board of
6Education appointed under this subsection (b) shall terminate
7on March 20, 2018.
8    (b-5) On March 21, 2018, a new Chicago Board of Education,
9consisting of 15 members, shall be elected by the electors of
10the school district as provided in this subsection (b-5)
11    Each member shall be elected for a term of 4 years,
12commencing on the second Tuesday in May of the year in which
13the member is elected, and until the member's successor is
14elected and has qualified, except that members of the board
15elected to terms commencing on March 21, 2018 shall serve for
16terms of 5 years and until the member's successor is elected
17and has qualified. For purposes of elections conducted under
18this subsection (b-5), the City of Chicago shall be subdivided
19into 14 electoral districts by the General Assembly for seats
20on the Chicago Board of Education, as provided under Section
2134-21.9 of this Code. Each district shall be represented by a
22member, and one member shall be elected at large and serve as
23the president of the board.
24    Within 28 days after each member enters office, the board
25shall organize by electing its vice president and fixing a time
26and place for the regular meetings. No less than a majority of



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1the board's regular meetings shall take place after regular
2business hours in order to maximize community participation.
3Upon organizing itself as provided in this subsection (b-5),
4the board shall enter upon the discharge of its duties.
5    Whenever a vacancy in the board occurs, the remaining
6members of the board shall notify the Mayor of that vacancy
7within 5 days after its occurrence and shall proceed to fill
8the vacancy until the next board election, at which election a
9successor shall be elected to serve the remainder of the
10unexpired term. However, if the vacancy occurs with less than
1128 months remaining in the term or if the vacancy occurs less
12than 88 days before the next board election, then the person so
13appointed shall serve the remainder of the unexpired term, and
14no election to fill the vacancy shall be held. The successor
15shall have the same residential and other qualifications as his
16or her predecessor. Should the remaining board members fail to
17act within 45 days after the vacancy occurs, the Mayor shall,
18within 30 days after the remaining members have failed to fill
19the vacancy, fill the vacancy as provided for in this Section.
20Upon the Mayor's failure to fill the vacancy, the vacancy shall
21be filled at the next board election. The successor shall have
22the same residential and other qualifications as his or her
24    (b-10) The board shall elect annually from its number a
25president and vice-president, in such manner and at such time
26as the board determines by its rules. The president elected by



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1the voters and vice-president elected by the board officers so
2elected shall each perform the duties imposed upon his or her
3their respective office by the rules of the board, provided
4that (i) the president shall preside at meetings of the board
5and vote as any other member but have no power of veto, and
6(ii) the vice president shall perform the duties of the
7president if that office is vacant or the president is absent
8or unable to act. The secretary of the board Board shall be
9selected by the board Board and shall be an employee of the
10board Board rather than a member of the board Board,
11notwithstanding subsection (d) of Section 34-3.3. The duties of
12the secretary shall be imposed by the rules of the board Board.
13    (b-15) No member shall have, or be an employee or owner of
14a company that has, a contract with the school district. No
15former officer, member, or employee of the board shall, within
16a period of one year immediately after termination of service
17on the board, knowingly accept employment or receive
18compensation or fees for services from a person or entity if
19the officer, member, or employee, during the year immediately
20preceding termination of service on the board, participated
21personally and substantially in the award of contracts with the
22board or the school district, or the issuance of contract
23change orders with the board or the school district, with a
24cumulative value of $25,000 or more to the person or entity, or
25its parent or subsidiary.
26    (c) The board may appoint a student to the board to serve



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1in an advisory capacity. The student member shall serve for a
2term as determined by the board. The board may not grant the
3student member any voting privileges, but shall consider the
4student member as an advisor. The student member may not
5participate in or attend any executive session of the board.
6(Source: P.A. 94-231, eff. 7-14-05.)
7    (105 ILCS 5/34-3.3)
8    Sec. 34-3.3. Chicago School Reform Board of Trustees;
9powers and duties; chief operating, fiscal, educational, and
10purchasing officers. The General Assembly finds that an
11education crisis exists in the Chicago Public Schools and that
12a 5-member Chicago School Reform Board of Trustees shall be
13established for a 4 year period to bring educational and
14financial stability to the system. The Trustees and their chief
15executive officer are empowered and directed to: (i) increase
16the quality of educational services in the Chicago Public
17Schools; (ii) reduce the cost of non-educational services and
18implement cost-saving measures including the privatization of
19services where deemed appropriate; (iii) develop a long-term
20financial plan that to the maximum extent possible reflects a
21balanced budget for each year; (iv) streamline and strengthen
22the management of the system, including a responsible
23school-based budgeting process, in order to refocus resources
24on student achievement; (v) ensure ongoing academic
25improvement in schools through the establishment of an Academic



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1Accountability Council and a strong school improvement and
2recognition process; (vi) enact policies and procedures that
3ensure the system runs in an ethical as well as efficient
4manner; (vii) establish within 60 days after the effective date
5of this amendatory Act of 1995, develop, and implement a
6process for the selection of a local school council advisory
7board for the Trustees in which those individuals active on
8Local School Councils serve an advisory role to the Trustees;
9(viii) establish any organizational structures, including
10regional offices, that it deems necessary to ensure the
11efficient and effective operation of the system; and (ix)
12provide for such other local school council advisory bodies as
13the Trustees deem appropriate to function in an advisory
14capacity to any other organizations or offices established by
15the Trustees under clause (viii) of this Section.
16    (a) Unless otherwise provided in this Article, the Trustees
17shall have all powers and duties exercised and performed by the
18Chicago Board of Education at the time the terms of its members
19are abolished as provided in subsection (a) of Section 34-3.
20    (b) The Mayor shall appoint a chief executive officer who
21shall be a person of recognized administrative ability and
22management experience, who shall be responsible for the
23management of the system, and who shall have all other powers
24and duties of the general superintendent as set forth in this
25Article 34. The chief executive officer shall make
26recommendations to the Trustees with respect to contracts,



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1policies, and procedures.
2    (c) The chief executive officer shall appoint, with the
3approval of the Trustees, a chief operating officer, a chief
4fiscal officer, a chief educational officer, and a chief
5purchasing officer to serve until June 30, 1999. These officers
6shall be assigned duties and responsibilities by the chief
7executive officer. The chief operating officer, the chief
8fiscal officer, the chief educational officer, and the chief
9purchasing officer may be granted authority to hire a specific
10number of employees to assist in meeting immediate
11responsibilities. The chief executive officer may remove any
12officer, subject to the approval of the Trustees. Conditions of
13employment for such personnel shall not be subject to the
14provisions of Section 34-85.
15    (d) Upon the expiration on June 30, 1999 of the terms of
16office of the chief executive, operating, fiscal, educational,
17and purchasing officers appointed under this Section and the
18appointment of a new Chicago Board of Education under
19subsection (b) of Section 34-3, the board may retain,
20reorganize, or abolish any or all of those offices and appoint
21qualified successors to fill any of those offices that it does
22not abolish. However, chief executive officer appointed under
23this subsection (d) shall serve until the Chicago Board of
24Education elected pursuant to subsection (b-5) of Section 34-3
25appoints a new general superintendent pursuant to subsection
26(b) of Section 34-6.



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1    (e) The Trustees shall report to the State Superintendent
2of Education with respect to its performance, the nature of the
3reforms which it has instituted, the effect those reforms have
4had in the operation of the central administrative office and
5in the performance of pupils, staff, and members of the local
6school councils at the several attendance centers within the
7district, and such other matters as the Trustees deem necessary
8to help assure continuing improvement in the public school
9system of the district. The reports shall be public documents
10and shall be made annually, beginning with the school year that
11commences in 1995 and concluding in the school year beginning
12in 1999.
13(Source: P.A. 89-15, eff. 5-30-95.)
14    (105 ILCS 5/34-4)  (from Ch. 122, par. 34-4)
15    Sec. 34-4. Eligibility.
16    (a) To be eligible for election appointment to the board, a
17person shall be a citizen of the United States, shall be a
18registered voter as provided in the Election Code, shall have
19been a resident of the city and the electoral district for at
20least 2 years 3 years immediately preceding his or her election
21appointment, and shall not be a child sex offender as defined
22in Section 11-9.3 of the Criminal Code of 2012. A person is
23ineligible for election or appointment to the board if that
24person is an employee of the school district. All persons
25eligible for election to the board shall be nominated by a



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1petition signed by no less than 500 voters residing within the
2electoral district on a petition in order to be placed on the
3ballot, except that persons eligible for election to the board
4at large shall be nominated by a petition signed by no less
5than 2,500 voters residing within the city.
6    Permanent removal from the city by any member of the board
7during his or her term of office constitutes a resignation
8therefrom and creates a vacancy in the board. Board Except for
9the President of the Chicago School Reform Board of Trustees
10who may be paid compensation for his or her services as chief
11executive officer as determined by the Mayor as provided in
12subsection (a) of Section 34-3, board members shall serve
13without any compensation; provided, that board members shall be
14reimbursed for expenses incurred while in the performance of
15their duties upon submission of proper receipts or upon
16submission of a signed voucher in the case of an expense
17allowance evidencing the amount of such reimbursement or
18allowance to the president of the board for verification and
19approval. Board members The board of education may continue to
20provide health care insurance coverage, employer pension
21contributions, employee pension contributions, and life
22insurance premium payments for an employee required to resign
23from an administrative, teaching, or career service position in
24order to qualify as a member of the board of education. They
25shall not hold other public office under the Federal, State or
26any local government other than that of Director of the



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1Regional Transportation Authority, member of the economic
2development commission of a city having a population exceeding
3500,000, notary public or member of the National Guard, and by
4accepting any such office while members of the board, or by not
5resigning any such office held at the time of being elected
6appointed to the board within 30 days after such election
7appointment, shall be deemed to have vacated their membership
8in the board.
9(Source: P.A. 97-1150, eff. 1-25-13.)
10    (105 ILCS 5/34-4.1 new)
11    Sec. 34-4.1. Nomination petitions. In addition to the
12requirements of the general election law, the form of petitions
13under Section 34-4 of this Code shall be substantially as
17    To the Board of Election Commissioners for the City of
19    We the undersigned, being (.... or more) of the voters
20residing within said district, hereby petition that .... who
21resides at .... in the City of Chicago shall be a candidate for
22the office of .... of the board of education (full term)
23(vacancy) to be voted for at the election to be held on (insert
25    Name: .................. Address: ...................



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1    In the designation of the name of a candidate on a petition
2for nomination, the candidate's given name or names, initial or
3initials, a nickname by which the candidate is commonly known,
4or a combination thereof may be used in addition to the
5candidate's surname. If a candidate has changed his or her
6name, whether by a statutory or common law procedure in
7Illinois or any other jurisdiction, within 3 years before the
8last day for filing the petition, then (i) the candidate's name
9on the petition must be followed by "formerly known as (list
10all prior names during the 3-year period) until name changed on
11(list date of each such name change)" and (ii) the petition
12must be accompanied by the candidate's affidavit stating the
13candidate's previous names during the period specified in
14clause (i) and the date or dates each of those names was
15changed; failure to meet these requirements shall be grounds
16for denying certification of the candidate's name for the
17ballot, but these requirements do not apply to name changes
18resulting from adoption to assume an adoptive parent's or
19parents' surname, marriage to assume a spouse's surname, or
20dissolution of marriage or declaration of invalidity of
21marriage to assume a former surname. No other designation, such
22as a political slogan, as defined by Section 7-17 of the
23Election Code, title or degree, or nickname suggesting or
24implying possession of a title, degree or professional status,
25or similar information may be used in connection with the
26candidate's surname.



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1    All petitions for the nomination of members of a board of
2education shall be filed with the board of election
3commissioners of the jurisdiction in which the principal office
4of the school district is located within the time provided for
5by the general election law, except that petitions for the
6nomination of members of the board of education for the March
720, 2018 election shall be prepared and certified on the same
8schedule as the petition schedule for the candidates for the
9General Assembly. The board of election commissioners shall
10receive and file only those petitions that include a statement
11of candidacy, the required number of voter signatures, the
12notarized signature of the petition circulator, and a receipt
13from the County Clerk showing that the candidate has filed a
14statement of economic interest on or before the last day to
15file as required by the Illinois Governmental Ethics Act. The
16board of election commissioners may have petition forms
17available for issuance to potential candidates and may give
18notice of the petition filing period by publication in a
19newspaper of general circulation within the school district not
20less than 10 days prior to the first day of filing. The board
21of election commissioners shall make certification to the
22proper election authorities in accordance with the general
23election law.
24    The board of election commissioners of the jurisdiction in
25which the principal office of the school district is located
26shall notify the candidates for whom a petition for nomination



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1is filed or the appropriate committee of the obligations under
2the Campaign Financing Act as provided in the general election
3law. Such notice shall be given on a form prescribed by the
4State Board of Elections and in accordance with the
5requirements of the general election law. The board of election
6commissioners shall within 7 days of filing or on the last day
7for filing, whichever is earlier, acknowledge to the petitioner
8in writing the office's acceptance of the petition.
9    A candidate for membership on the board of education who
10has petitioned for nomination to fill a full term and to fill a
11vacant term to be voted upon at the same election must withdraw
12his or her petition for nomination from either the full term or
13the vacant term by written declaration.
14    Nomination petitions are not valid unless the candidate
15named therein files with the board of election commissioners a
16receipt from the county clerk showing that the candidate has
17filed a statement of economic interests as required by the
18Illinois Governmental Ethics Act. Such receipt shall be so
19filed either previously during the calendar year in which his
20or her nomination papers were filed or within the period for
21the filing of nomination papers in accordance with the general
22election law.
23    (105 ILCS 5/34-4.2 new)
24    Sec. 34-4.2. Ballots. The board of election commissioners
25of the jurisdiction in which the principal office of the school



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1district is located shall conduct a lottery to determine the
2ballot order of candidates for full terms in the event of any
3simultaneous petition filings. Such candidate lottery shall be
4conducted as follows:
5    All petitions filed by persons waiting in line as of 8:00
6a.m. on the first day for filing, or as of the normal opening
7hour of the office involved on such day, shall be deemed
8simultaneously filed as of 8:00 a.m. or the normal opening
9hour, as the case may be. Petitions filed by mail and received
10after midnight of the first day for filing and in the first
11mail delivery or pickup of that day shall be deemed
12simultaneously filed as of 8:00 a.m. of that day or as of the
13normal opening hour of such day, as the case may be. All
14petitions received thereafter shall be deemed filed in the
15order of actual receipt. However, 2 or more petitions filed
16within the last hour of the filing deadline shall be deemed
17filed simultaneously.
18    Where 2 or more petitions are received simultaneously for
19the same office as of 8:00 a.m. on the first day for petition
20filing or as of the normal opening hour of the office of the
21board of election commissioners with whom such petitions are
22filed, the board of election commissioners shall break ties and
23determine the order of filing by means of a lottery or other
24fair and impartial method of random selection. Such lottery
25shall be conducted within 9 days following the last day for
26petition filing and shall be open to the public. Seven days



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1written notice of the time and place of conducting such random
2selection shall be given by the board of election commissioners
3to all candidates who filed their petitions simultaneously and
4to each organization of citizens within the election
5jurisdiction that was entitled, under the general election law,
6at the next preceding election, to have poll watchers present
7on the day of election. The board of election commissioners
8shall post in a conspicuous, open, and public place, at the
9entrance of his or her office, notice of the time and place of
10such lottery.
11    All candidates shall be certified in the order in which
12their petitions have been filed and in the manner prescribed by
13Section 10-15 of the Election Code. Where candidates have filed
14simultaneously, they shall be certified in the order prescribed
15by this Section and prior to candidates who filed for the same
16office at a later time.
17    Where elections are conducted for unexpired terms, a second
18lottery to determine ballot order shall be conducted for
19candidates who simultaneously file petitions for such
20unexpired terms. Such lottery shall be conducted in the same
21manner as prescribed by this Section for full term candidates.
22    Ballots for the election of school officers shall be in the
23following form:
25    Ballot position for candidates shall be determined by the



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1order of petition filing or lottery held pursuant to this
3    The school district is divided into 20 electoral districts,
4each of which elects one member to the board of education and
5votes on one member to serve at-large.)
DISTRICT ....... (1 through 14)
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
DISTRICT ....... (1 through 14)
(Precinct name or number)
School District No. ......, ........... County, Illinois



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Election Tuesday (insert date)
(facsimile signature of Election Authority)

4    (105 ILCS 5/34-6)  (from Ch. 122, par. 34-6)
5    Sec. 34-6. Superintendent of schools.
6    (a) After June 30, 1999, the board may, by a vote of a
7majority of its full membership, appoint a general
8superintendent of schools to serve pursuant to a
9performance-based contract for a term ending on June 30th of
10the third calendar year after his or her appointment. He shall
11be the chief administrative officer of the board and shall have
12charge and control, subject to the approval of the board and to
13other provisions of this Article, of all departments and the
14employees therein of public schools, except the law department.
15He shall negotiate contracts with all labor organizations which
16are exclusive representatives of educational employees
17employed under the Illinois Educational Labor Relations Act.
18All contracts shall be subject to approval of the Board of
19Education. The board may conduct a national search for a
20general superintendent. An incumbent general superintendent
21may not be precluded from being included in such national
22search. Persons appointed pursuant to this Section shall be
23exempt from the provisions and requirements of Sections 21-1a,
2421-7.1, and 21B-15 of this Code.
25    (b) After the Board of Education is elected pursuant to



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1subsection (b-5) of Section 34-3, the Board of Education shall
2appoint a new general superintendent of schools that shall
3assume the powers and duties of the chief executive officer in
4addition to any other powers and duties conferred to the
5superintendent under this Code.
6(Source: P.A. 97-607, eff. 8-26-11.)
7    (105 ILCS 5/34-13.1)
8    Sec. 34-13.1. Inspector General.
9    (a) The Inspector General and his office in existence on
10the effective date of this amendatory Act of 1995 shall be
11transferred to the jurisdiction of the board upon appointment
12of the Chicago School Reform Board of Trustees. The Inspector
13General shall have the authority to conduct investigations into
14allegations of or incidents of waste, fraud, and financial
15mismanagement in public education within the jurisdiction of
16the board by a local school council member or an employee,
17contractor, or member of the board or involving school projects
18managed or handled by the Public Building Commission. The
19Inspector General shall make recommendations to the board about
20the investigations. The Inspector General in office on the
21effective date of this amendatory Act of 1996 shall serve for a
22term expiring on June 30, 1998. His or her successors in office
23shall each be appointed by the Mayor, without the consent or
24approval of the City Council, for 4 year terms expiring on June
2530th of an even numbered year; however, beginning on March 21,



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12018, successors shall be appointed by the board instead of the
2Mayor. If the Inspector General leaves office or if a vacancy
3in that office otherwise occurs, the Mayor shall appoint,
4without the consent or approval of the City Council, a
5successor to serve under this Section for the remainder of the
6unexpired term; however, beginning on March 21, 2018,
7successors shall be appointed by the board instead of the
8Mayor. The Inspector General shall be independent of the
9operations of the board and the School Finance Authority, and
10shall perform other duties requested by the board.
11    (b) The Inspector General shall have access to all
12information and personnel necessary to perform the duties of
13the office. If the Inspector General determines that a possible
14criminal act has been committed or that special expertise is
15required in the investigation, he or she shall immediately
16notify the Chicago Police Department and the Cook County
17State's Attorney. All investigations conducted by the
18Inspector General shall be conducted in a manner that ensures
19the preservation of evidence for use in criminal prosecutions.
20    (c) At all times the Inspector General shall be granted
21access to any building or facility that is owned, operated, or
22leased by the board, the Public Building Commission, or the
23city in trust and for the use and benefit of the schools of the
25    (d) The Inspector General shall have the power to subpoena
26witnesses and compel the production of books and papers



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1pertinent to an investigation authorized by this Code. Any
2person who (1) fails to appear in response to a subpoena; (2)
3fails to answer any question; (3) fails to produce any books or
4papers pertinent to an investigation under this Code; or (4)
5knowingly gives false testimony during an investigation under
6this Code, is guilty of a Class A misdemeanor.
7    (e) The Inspector General shall provide to the board and
8the Illinois General Assembly a summary of reports and
9investigations made under this Section for the previous fiscal
10year no later than January 1 of each year, except that the
11Inspector General shall provide the summary of reports and
12investigations made under this Section for the period
13commencing July 1, 1998 and ending April 30, 1999 no later than
14May 1, 1999. The summaries shall detail the final disposition
15of those recommendations. The summaries shall not contain any
16confidential or identifying information concerning the
17subjects of the reports and investigations. The summaries shall
18also include detailed recommended administrative actions and
19matters for consideration by the General Assembly.
20    (f) (Blank).
21    (g) (Blank).
22(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
23    (105 ILCS 5/34-21.9 new)
24    Sec. 34-21.9. Creation of electoral districts;
25reapportionment of districts.



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1    (a) For purposes of elections conducted pursuant to
2subsection (b-5) of Section 34-3, the City of Chicago shall be
3subdivided into 14 electoral districts after the effective date
4of this amendatory Act of the 99th General Assembly by the
5General Assembly for seats on the Chicago Board of Education.
6The electoral districts must be drawn on or before January 1,
72017. Each district must be compact, contiguous, and
8substantially equal in population.
9    (b) In the year following each decennial census, the
10General Assembly shall redistrict the electoral districts to
11reflect the results of the decennial census consistent with the
12requirements in subsection (a) of this Section. The
13reapportionment plan shall be completed and formally approved
14by the General Assembly not less than 90 days before the last
15date established by law for the filing of nominating petitions
16for the second school board election after the decennial census
17year. If by reapportionment a board member no longer resides
18within the electoral district from which the member was
19elected, the member shall continue to serve in office until the
20expiration of the member's regular term. All new members shall
21be elected from the electoral districts as reapportioned.
22    (c) Creation of districts and reapportionment under this
23Section shall be conducted in accordance with the federal
24Voting Rights Act and the Illinois Voting Rights Act of 2011.
25    Section 99. Effective date. This Act takes effect upon



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1becoming law.".