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093_HB3707
LRB093 08011 JAM 08209 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 2A-1.1, 7-8, and 8-4 as follows:
6 (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
7 Sec. 2A-1.1. All Elections - Consolidated Schedule. (a)
8 In even-numbered years, the general election shall be held on
9 the first Tuesday after the first Monday of November; and an
10 election to be known as the general primary election shall be
11 held on the third Tuesday in March in years in which a
12 President is elected and on June 2 in years in which a
13 President is not elected;
14 (b) In odd-numbered years, an election to be known as
15 the consolidated election shall be held on the first Tuesday
16 in April except as provided in Section 2A-1.1a of this Act;
17 and an election to be known as the consolidated primary
18 election shall be held on the last Tuesday in February.
19 (Source: P.A. 90-358, eff. 1-1-98.)
20 (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
21 Sec. 7-8. The State central committee shall be composed
22 of one or two members from each congressional district in the
23 State and shall be elected as follows:
24 State Central Committee
25 (a) Within 30 days after the effective date of this
26 amendatory Act of 1983 the State central committee of each
27 political party shall certify to the State Board of Elections
28 which of the following alternatives it wishes to apply to the
29 State central committee of that party.
30 Alternative A. At the general primary electionheld on
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1 the third Tuesday in March 1970, and at the primary held
2 every 4 years thereafter, each primary elector may vote for
3 one candidate of his party for member of the State central
4 committee for the congressional district in which he resides.
5 The candidate receiving the highest number of votes shall be
6 declared elected State central committeeman from the
7 district. A political party may, in lieu of the foregoing, by
8 a majority vote of delegates at any State convention of such
9 party, determine to thereafter elect the State central
10 committeemen in the manner following:
11 At the county convention held by such political party
12 State central committeemen shall be elected in the same
13 manner as provided in this Article for the election of
14 officers of the county central committee, and such election
15 shall follow the election of officers of the county central
16 committee. Each elected ward, township or precinct
17 committeeman shall cast as his vote one vote for each ballot
18 voted in his ward, township, part of a township or precinct
19 in the last preceding primary election of his political
20 party. In the case of a county lying partially within one
21 congressional district and partially within another
22 congressional district, each ward, township or precinct
23 committeeman shall vote only with respect to the
24 congressional district in which his ward, township, part of a
25 township or precinct is located. In the case of a
26 congressional district which encompasses more than one
27 county, each ward, township or precinct committeeman residing
28 within the congressional district shall cast as his vote one
29 vote for each ballot voted in his ward, township, part of a
30 township or precinct in the last preceding primary election
31 of his political party for one candidate of his party for
32 member of the State central committee for the congressional
33 district in which he resides and the Chairman of the county
34 central committee shall report the results of the election to
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1 the State Board of Elections. The State Board of Elections
2 shall certify the candidate receiving the highest number of
3 votes elected State central committeeman for that
4 congressional district.
5 The State central committee shall adopt rules to provide
6 for and govern the procedures to be followed in the election
7 of members of the State central committee.
8 After the effective date of this amendatory Act of the
9 91st General Assembly, whenever a vacancy occurs in the
10 office of Chairman of a State central committee, or at the
11 end of the term of office of Chairman, the State central
12 committee of each political party that has selected
13 Alternative A shall elect a Chairman who shall not be
14 required to be a member of the State Central Committee. The
15 Chairman shall be a registered voter in this State and of the
16 same political party as the State central committee.
17 Alternative B. Each congressional committee shall,
18 within 30 days after the adoption of this alternative,
19 appoint a person of the sex opposite that of the incumbent
20 member for that congressional district to serve as an
21 additional member of the State central committee until his or
22 her successor is elected at the general primary election in
23 1986. Each congressional committee shall make this
24 appointment by voting on the basis set forth in paragraph (e)
25 of this Section. In each congressional district at the
26 general primary election held in 1986 and every 4 years
27 thereafter, the male candidate receiving the highest number
28 of votes of the party's male candidates for State central
29 committeeman, and the female candidate receiving the highest
30 number of votes of the party's female candidates for State
31 central committeewoman, shall be declared elected State
32 central committeeman and State central committeewoman from
33 the district. At the general primary election held in 1986
34 and every 4 years thereafter, if all a party's candidates for
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1 State central committeemen or State central committeewomen
2 from a congressional district are of the same sex, the
3 candidate receiving the highest number of votes shall be
4 declared elected a State central committeeman or State
5 central committeewoman from the district, and, because of a
6 failure to elect one male and one female to the committee, a
7 vacancy shall be declared to exist in the office of the
8 second member of the State central committee from the
9 district. This vacancy shall be filled by appointment by the
10 congressional committee of the political party, and the
11 person appointed to fill the vacancy shall be a resident of
12 the congressional district and of the sex opposite that of
13 the committeeman or committeewoman elected at the general
14 primary election. Each congressional committee shall make
15 this appointment by voting on the basis set forth in
16 paragraph (e) of this Section.
17 The Chairman of a State central committee composed as
18 provided in this Alternative B must be selected from the
19 committee's members.
20 Except as provided for in Alternative A with respect to
21 the selection of the Chairman of the State central committee,
22 under both of the foregoing alternatives, the State central
23 committee of each political party shall be composed of
24 members elected or appointed from the several congressional
25 districts of the State, and of no other person or persons
26 whomsoever. The members of the State central committee
27 shall, within 30 days after each quadrennial election of the
28 full committee, meet in the city of Springfield and organize
29 by electing a chairman, and may at such time elect such
30 officers from among their own number (or otherwise), as they
31 may deem necessary or expedient. The outgoing chairman of the
32 State central committee of the party shall, 10 days before
33 the meeting, notify each member of the State central
34 committee elected at the primary of the time and place of
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1 such meeting. In the organization and proceedings of the
2 State central committee, each State central committeeman and
3 State central committeewoman shall have one vote for each
4 ballot voted in his or her congressional district by the
5 primary electors of his or her party at the primary election
6 immediately preceding the meeting of the State central
7 committee. Whenever a vacancy occurs in the State central
8 committee of any political party, the vacancy shall be filled
9 by appointment of the chairmen of the county central
10 committees of the political party of the counties located
11 within the congressional district in which the vacancy occurs
12 and, if applicable, the ward and township committeemen of the
13 political party in counties of 2,000,000 or more inhabitants
14 located within the congressional district. If the
15 congressional district in which the vacancy occurs lies
16 wholly within a county of 2,000,000 or more inhabitants, the
17 ward and township committeemen of the political party in that
18 congressional district shall vote to fill the vacancy. In
19 voting to fill the vacancy, each chairman of a county central
20 committee and each ward and township committeeman in counties
21 of 2,000,000 or more inhabitants shall have one vote for each
22 ballot voted in each precinct of the congressional district
23 in which the vacancy exists of his or her county, township,
24 or ward cast by the primary electors of his or her party at
25 the primary election immediately preceding the meeting to
26 fill the vacancy in the State central committee. The person
27 appointed to fill the vacancy shall be a resident of the
28 congressional district in which the vacancy occurs, shall be
29 a qualified voter, and, in a committee composed as provided
30 in Alternative B, shall be of the same sex as his or her
31 predecessor. A political party may, by a majority vote of the
32 delegates of any State convention of such party, determine to
33 return to the election of State central committeeman and
34 State central committeewoman by the vote of primary electors.
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1 Any action taken by a political party at a State convention
2 in accordance with this Section shall be reported to the
3 State Board of Elections by the chairman and secretary of
4 such convention within 10 days after such action.
5 Ward, Township and Precinct Committeemen
6 (b) At the general primary electionheld on the third
7 Tuesday in March, 1972, and every 4 years thereafter, each
8 primary elector in cities having a population of 200,000 or
9 over may vote for one candidate of his party in his ward for
10 ward committeeman. Each candidate for ward committeeman must
11 be a resident of and in the ward where he seeks to be elected
12 ward committeeman. The one having the highest number of votes
13 shall be such ward committeeman of such party for such ward.
14 At the primary election held on the third Tuesday in March,
15 1970, and every 4 years thereafter, each primary elector in
16 counties containing a population of 2,000,000 or more,
17 outside of cities containing a population of 200,000 or more,
18 may vote for one candidate of his party for township
19 committeeman. Each candidate for township committeeman must
20 be a resident of and in the township or part of a township
21 (which lies outside of a city having a population of 200,000
22 or more, in counties containing a population of 2,000,000 or
23 more), and in which township or part of a township he seeks
24 to be elected township committeeman. The one having the
25 highest number of votes shall be such township committeeman
26 of such party for such township or part of a township. At
27 each generalthe primary electionheld on the third Tuesday
28 in March, 1970 and every 2 years thereafter, each primary
29 elector, except in counties having a population of 2,000,000
30 or over, may vote for one candidate of his party in his
31 precinct for precinct committeeman. Each candidate for
32 precinct committeeman must be a bona fide resident of the
33 precinct where he seeks to be elected precinct committeeman.
34 The one having the highest number of votes shall be such
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1 precinct committeeman of such party for such precinct. The
2 official returns of the primary shall show the name of the
3 committeeman of each political party.
4 Terms of Committeemen. All precinct committeemen elected
5 under the provisions of this Article shall continue as such
6 committeemen until the date of the primary to be held in the
7 second year after their election. Except as otherwise
8 provided in this Section for certain State central
9 committeemen who have 2 year terms, all State central
10 committeemen, township committeemen and ward committeemen
11 shall continue as such committeemen until the date of primary
12 to be held in the fourth year after their election. However,
13 a vacancy exists in the office of precinct committeeman when
14 a precinct committeeman ceases to reside in the precinct in
15 which he was elected and such precinct committeeman shall
16 thereafter neither have nor exercise any rights, powers or
17 duties as committeeman in that precinct, even if a successor
18 has not been elected or appointed.
19 (c) The Multi-Township Central Committee shall consist
20 of the precinct committeemen of such party, in the
21 multi-township assessing district formed pursuant to Section
22 2-10 of the Property Tax Code and shall be organized for the
23 purposes set forth in Section 45-25 of the Township Code. In
24 the organization and proceedings of the Multi-Township
25 Central Committee each precinct committeeman shall have one
26 vote for each ballot voted in his precinct by the primary
27 electors of his party at the primary at which he was elected.
28 County Central Committee
29 (d) The county central committee of each political party
30 in each county shall consist of the various township
31 committeemen, precinct committeemen and ward committeemen, if
32 any, of such party in the county. In the organization and
33 proceedings of the county central committee, each precinct
34 committeeman shall have one vote for each ballot voted in his
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1 precinct by the primary electors of his party at the primary
2 at which he was elected; each township committeeman shall
3 have one vote for each ballot voted in his township or part
4 of a township as the case may be by the primary electors of
5 his party at the primary election for the nomination of
6 candidates for election to the General Assembly immediately
7 preceding the meeting of the county central committee; and in
8 the organization and proceedings of the county central
9 committee, each ward committeeman shall have one vote for
10 each ballot voted in his ward by the primary electors of his
11 party at the primary election for the nomination of
12 candidates for election to the General Assembly immediately
13 preceding the meeting of the county central committee.
14 Congressional Committee
15 (e) The congressional committee of each party in each
16 congressional district shall be composed of the chairmen of
17 the county central committees of the counties composing the
18 congressional district, except that in congressional
19 districts wholly within the territorial limits of one county,
20 or partly within 2 or more counties, but not coterminous with
21 the county lines of all of such counties, the precinct
22 committeemen, township committeemen and ward committeemen, if
23 any, of the party representing the precincts within the
24 limits of the congressional district, shall compose the
25 congressional committee. A State central committeeman in each
26 district shall be a member and the chairman or, when a
27 district has 2 State central committeemen, a co-chairman of
28 the congressional committee, but shall not have the right to
29 vote except in case of a tie.
30 In the organization and proceedings of congressional
31 committees composed of precinct committeemen or township
32 committeemen or ward committeemen, or any combination
33 thereof, each precinct committeeman shall have one vote for
34 each ballot voted in his precinct by the primary electors of
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1 his party at the primary at which he was elected, each
2 township committeeman shall have one vote for each ballot
3 voted in his township or part of a township as the case may
4 be by the primary electors of his party at the primary
5 election immediately preceding the meeting of the
6 congressional committee, and each ward committeeman shall
7 have one vote for each ballot voted in each precinct of his
8 ward located in such congressional district by the primary
9 electors of his party at the primary election immediately
10 preceding the meeting of the congressional committee; and in
11 the organization and proceedings of congressional committees
12 composed of the chairmen of the county central committees of
13 the counties within such district, each chairman of such
14 county central committee shall have one vote for each ballot
15 voted in his county by the primary electors of his party at
16 the primary election immediately preceding the meeting of the
17 congressional committee.
18 Judicial District Committee
19 (f) The judicial district committee of each political
20 party in each judicial district shall be composed of the
21 chairman of the county central committees of the counties
22 composing the judicial district.
23 In the organization and proceedings of judicial district
24 committees composed of the chairmen of the county central
25 committees of the counties within such district, each
26 chairman of such county central committee shall have one vote
27 for each ballot voted in his county by the primary electors
28 of his party at the primary election immediately preceding
29 the meeting of the judicial district committee.
30 Circuit Court Committee
31 (g) The circuit court committee of each political party
32 in each judicial circuit outside Cook County shall be
33 composed of the chairmen of the county central committees of
34 the counties composing the judicial circuit.
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1 In the organization and proceedings of circuit court
2 committees, each chairman of a county central committee shall
3 have one vote for each ballot voted in his county by the
4 primary electors of his party at the primary election
5 immediately preceding the meeting of the circuit court
6 committee.
7 Judicial Subcircuit Committee
8 (g-1) The judicial subcircuit committee of each
9 political party in each judicial subcircuit in Cook County
10 shall be composed of the ward and township committeemen of
11 the townships and wards composing the judicial subcircuit.
12 In the organization and proceedings of each judicial
13 subcircuit committee, each township committeeman shall have
14 one vote for each ballot voted in his township or part of a
15 township, as the case may be, in the judicial subcircuit by
16 the primary electors of his party at the primary election
17 immediately preceding the meeting of the judicial subcircuit
18 committee; and each ward committeeman shall have one vote for
19 each ballot voted in his ward or part of a ward, as the case
20 may be, in the judicial subcircuit by the primary electors of
21 his party at the primary election immediately preceding the
22 meeting of the judicial subcircuit committee.
23 Municipal Central Committee
24 (h) The municipal central committee of each political
25 party shall be composed of the precinct, township or ward
26 committeemen, as the case may be, of such party representing
27 the precincts or wards, embraced in such city, incorporated
28 town or village. The voting strength of each precinct,
29 township or ward committeeman on the municipal central
30 committee shall be the same as his voting strength on the
31 county central committee.
32 For political parties, other than a statewide political
33 party, established only within a municipality or township,
34 the municipal or township managing committee shall be
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1 composed of the party officers of the local established
2 party. The party officers of a local established party shall
3 be as follows: the chairman and secretary of the caucus for
4 those municipalities and townships authorized by statute to
5 nominate candidates by caucus shall serve as party officers
6 for the purpose of filling vacancies in nomination under
7 Section 7-61; for municipalities and townships authorized by
8 statute or ordinance to nominate candidates by petition and
9 primary election, the party officers shall be the party's
10 candidates who are nominated at the primary. If no party
11 primary was held because of the provisions of Section 7-5,
12 vacancies in nomination shall be filled by the party's
13 remaining candidates who shall serve as the party's officers.
14 Powers
15 (i) Each committee and its officers shall have the
16 powers usually exercised by such committees and by the
17 officers thereof, not inconsistent with the provisions of
18 this Article. The several committees herein provided for
19 shall not have power to delegate any of their powers, or
20 functions to any other person, officer or committee, but this
21 shall not be construed to prevent a committee from appointing
22 from its own membership proper and necessary subcommittees.
23 (j) The State central committee of a political party
24 which elects it members by Alternative B under paragraph (a)
25 of this Section shall adopt a plan to give effect to the
26 delegate selection rules of the national political party and
27 file a copy of such plan with the State Board of Elections
28 when approved by a national political party.
29 (k) For the purpose of the designation of a proxy by a
30 Congressional Committee to vote in place of an absent State
31 central committeeman or committeewoman at meetings of the
32 State central committee of a political party which elects its
33 members by Alternative B under paragraph (a) of this Section,
34 the proxy shall be appointed by the vote of the ward and
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1 township committeemen, if any, of the wards and townships
2 which lie entirely or partially within the Congressional
3 District from which the absent State central committeeman or
4 committeewoman was elected and the vote of the chairmen of
5 the county central committees of those counties which lie
6 entirely or partially within that Congressional District and
7 in which there are no ward or township committeemen. When
8 voting for such proxy the county chairman, ward committeeman
9 or township committeeman, as the case may be shall have one
10 vote for each ballot voted in his county, ward or township,
11 or portion thereof within the Congressional District, by the
12 primary electors of his party at the primary at which he was
13 elected. However, the absent State central committeeman or
14 committeewoman may designate a proxy when permitted by the
15 rules of a political party which elects its members by
16 Alternative B under paragraph (a) of this Section.
17 (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)
18 (10 ILCS 5/8-4) (from Ch. 46, par. 8-4)
19 Sec. 8-4. A primary shall be held on the third Tuesday in
20 March of each even-numbered year for The nomination of
21 candidates for legislative offices shall be made at the
22 general primary election.
23 (Source: P.A. 82-750.)
24 Section 10. The School Code is amended by changing
25 Sections 7A-2, 11A-3, 11B-3 and 33-1 as follows:
26 (105 ILCS 5/7A-2) (from Ch. 122, par. 7A-2)
27 Sec. 7A-2. Petition filing; notice; hearing; decision.
28 Any petition to dissolve a unit school district, create an
29 elementary school district therefrom and annex the same
30 territory to a contiguous high school district as provided in
31 Section 7A-1 shall be filed with the regional superintendent
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1 of schools of the educational service region in which the
2 territory described in the petition or the greater portion of
3 the equalized assessed valuation of such territory is
4 situated, signed by at least 10% of the voters residing
5 within each district affected or by the boards of each
6 district affected. The petition shall: (i) request the
7 submission of the proposition at a regular scheduled election
8 for the purpose of voting for or against the dissolution of
9 such unit school district, creation of an elementary school
10 district therefrom and annexation of the same territory to an
11 existing contiguous high school district as provided in
12 Section 7A-1; (ii) describe the territory of the unit school
13 district proposed to be dissolved which shall be stated in
14 the petition to be the same as the territory comprising the
15 proposed elementary school district and the same as the
16 territory proposed to be annexed to the existing contiguous
17 high school district; (iii) describe the territory of the
18 existing high school district to which the territory proposed
19 to be annexed is contiguous; and (iv) set forth the maximum
20 tax rates for educational and operations, building and
21 maintenance purposes and the purchase of school grounds,
22 pupil transportation, and fire prevention and safety purposes
23 which the annexing high school district and the elementary
24 school district proposed to be created each shall be
25 authorized to levy.
26 The petition may request that if the proposition to
27 dissolve a unit school district, create an elementary school
28 district therefrom, and annex the same territory to a
29 contiguous high school district is submitted to the voters at
30 the consolidated election which occurs in April of
31 odd-numbered years, at the general primary election which
32 occurs in March of even-numbered years, at the nonpartisan
33 election which occurs in November of odd-numbered years, or
34 at the general election which occurs in November of
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1 even-numbered years, that at that same election a board of
2 education be elected on a separate ballot to serve as the
3 board of education of the proposed new elementary school
4 district. Any election of board members at the same election
5 at which the proposition to create the elementary school
6 district to be served by that board is submitted to the
7 voters shall proceed under the supervision of the Regional
8 Superintendent as provided in Section 7A-6.
9 When the petition contains more than 10 signatures, the
10 petition shall designate a committee of 10 of the petitioners
11 as attorney in fact for all petitioners, any 7 of whom may
12 make binding stipulations on behalf of all petitioners as to
13 any question with respect to the petition or hearing,
14 including the power to stipulate to accountings or waiver
15 thereof between school districts. The regional
16 superintendent of schools required to hold a hearing on the
17 petition as provided in this Section may accept any such
18 stipulation instead of evidence or proof of the matter
19 stipulated, or may refuse to accept any such stipulation.
20 Upon the filing of such petition with the regional
21 superintendent of schools as provided in this Section, such
22 regional superintendent of schools shall cause a copy of the
23 petition to be given to the board of each district affected
24 and to the regional superintendent of schools of any other
25 educational service region in which any part of the territory
26 described in the petition is situated. The regional
27 superintendent of schools with whom the petition is required
28 to be filed shall cause a notice thereof to be published at
29 least once each week for 3 successive weeks in at least one
30 newspaper having general circulation within the area of all
31 territory described in the petition. The notice shall state
32 when and to whom the petition was presented, the description
33 of the territory of the unit school district proposed to be
34 dissolved which shall be stated in the notice to be the same
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1 as the territory comprising the proposed elementary school
2 district and the same as the territory proposed to be annexed
3 to the existing contiguous high school district, the
4 description of the existing high school district to which the
5 territory proposed to be annexed is contiguous, a statement
6 of the maximum tax rates for educational and operations,
7 building and maintenance purposes and the purchase of school
8 grounds, pupil transportation, and fire prevention and safety
9 purposes which the annexing high school district and the
10 proposed elementary school district each shall be authorized
11 to levy or establish, the prayer of the petition, and the day
12 on which the hearing upon the petition shall be held. The
13 petitioners shall pay the expense of publishing the notice.
14 No more than 30 days after the last date on which the
15 required notice is published the regional superintendent of
16 schools with whom the petition is required to be filed shall
17 hold a hearing on the petition, provided that the regional
18 superintendent of schools may adjourn the hearing from time
19 to time or may continue the matter for want of sufficient
20 notice or other good cause. Prior to the hearing the
21 petitioners shall submit to the regional superintendent of
22 schools maps showing the districts affected, a written report
23 of financial and educational conditions of the districts
24 affected and the probable effect of the proposed dissolution
25 of the unit school district, creation of an elementary school
26 district therefrom and annexation of the same territory to
27 the existing contiguous high school district. The reports
28 and maps submitted by the petitioners shall be made a part of
29 the record of proceedings of the regional superintendent of
30 schools holding the hearing, and if the boards of the
31 districts affected are not the petitioners, such regional
32 superintendent of schools shall send copies of such reports
33 and maps to such boards not less than 5 days prior to the
34 date on which the hearing is to be held.
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1 Upon the regional superintendent of schools determining
2 that the petitioners have paid the expense of publishing the
3 notice of hearing, that the petition as filed is proper and
4 -- if the petitioners be voters residing in each district
5 affected -- that the petition is in compliance with any
6 applicable petition requirements of the Election Code, the
7 regional superintendent of schools shall hear evidence as to
8 the school needs and conditions in all territory described in
9 the petition and in the area adjacent thereto, shall hear
10 evidence with respect to the ability of the elementary school
11 district proposed to be created and the ability of the
12 contiguous existing high school district, after the proposed
13 annexation, to meet standards of recognition as prescribed by
14 the State Board of Education, shall take into consideration
15 any division of funds or assets if the petition is approved,
16 and shall determine whether it is for the best interests of
17 the schools of the area and the educational welfare of the
18 pupils therein that such unit school district be dissolved,
19 an elementary school district be created therefrom and the
20 same territory be annexed to an existing contiguous high
21 school district. No petition filed under this Article and no
22 referendum held pursuant to any petition so filed shall be
23 null and void or invalidated or deemed in noncompliance with
24 the Election Code because of the failure to publish a notice
25 of intention to file the petition or to attach to the
26 petition an affidavit attesting to the publication of that
27 notice as required under subsection (g) of Section 28-2 of
28 the Election Code for petitions that are not filed under
29 Article 7A, 11A, 11B, or 11D of the School Code.
30 At the hearing any resident of any territory described in
31 the petition and any regional superintendent of schools
32 entitled under the provisions of this Section to be given a
33 copy of the petition by the regional superintendent of
34 schools conducting the hearing may appear in person or by an
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1 attorney at law in support of or in objection to the prayer
2 of the petition, and may submit evidence in support of either
3 such position. A transcript of the proceedings in the
4 hearing before the regional superintendent of schools shall
5 be prepared, and the expense of preparing the same shall be
6 paid by the petitioners.
7 Within 14 days after the conclusion of the hearing, the
8 regional superintendent of schools shall make a decision
9 either approving or denying the petition, and shall thereupon
10 submit the petition and all evidence taken at the hearing to
11 the State Superintendent of Education who shall, within 30
12 days thereafter, review the entire record of the proceedings
13 had before the regional superintendent of schools, including
14 the transcript of such proceedings, and approve or deny the
15 petition upon consideration of and in accordance with the
16 following criteria:
17 (i) whether the proposed elementary school district
18 and the contiguous existing high school district after
19 the proposed annexation will have sufficient size (pupil
20 enrollment) and financial resources (assessed valuation)
21 to provide and maintain a recognized educational program
22 for their respective districts as proposed;
23 (ii) whether the dissolution of the unit school
24 district, creation of an elementary school district
25 therefrom and annexation of the same territory to the
26 existing high school district is for the best interests
27 of the schools of the area and the educational welfare of
28 the pupils therein; and
29 (iii) whether the territory of the proposed
30 elementary school district and the territory of the
31 contiguous existing high school district after the
32 proposed annexation are each compact and contiguous for
33 school purposes.
34 If the State Superintendent of Education denies the
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1 petition the reasons for such denial shall be communicated to
2 the boards of each district affected, to any committee
3 designated as attorney in fact for the petitioners as
4 provided in this Section, to any regional superintendent of
5 schools entitled under the provisions of this Section to be
6 given a copy of the petition by the regional superintendent
7 of schools who conducted the hearing and to any resident of
8 any territory described in the petition who appears at the
9 hearing, or to any attorney at law appearing of record in the
10 hearing on behalf of any such board, committee, regional
11 superintendent of schools or resident otherwise entitled to
12 receive communication of the reasons for such denial; and no
13 further proceedings shall be had.
14 (Source: P.A. 86-13; 87-10; 87-185; 87-839; 87-1270.)
15 (105 ILCS 5/11A-3) (from Ch. 122, par. 11A-3)
16 Sec. 11A-3. Petition filing; notice; hearing; decision.
17 A petition shall be filed with the Regional Superintendent of
18 the region in which the territory described in the petition
19 or that part of the territory with the greater per cent of
20 equalized assessed valuation is situated, signed by at least
21 200 voters residing in at least 3/4 of the school districts
22 or parts of districts and residing in the territory included
23 in the petition, or the petition may be filed by the board of
24 education of each of the school districts wholly or partially
25 included in the territory described in the petition. A
26 petition that is not filed by the board of education of each
27 of the school districts wholly or partially included in the
28 territory described in the petition must contain signatures
29 from 50 legal resident voters from each of the school
30 districts wholly or partially included in the territory
31 described in the petition or from 10% of the legal resident
32 voters from each of the school districts wholly or partially
33 included in the territory described in the petition,
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1 whichever is lesser. Provided, however, that no petition
2 filed, or election held under this Article shall be null or
3 void or invalidated or deemed in noncompliance with the
4 Election Code for the failure of any person or persons
5 seeking the creation of a new school district hereunder to
6 publish a notice of intention to file such petition or to
7 attach an affidavit attesting to the publication of such
8 notice to such petition as required under subsection (g) of
9 Section 28-2 of the Election Code for petitions that are not
10 filed under Article 7A, 11A, 11B, or 11D of the School Code.
11 The petition shall (1) request the submission of the
12 proposition at a regular scheduled election for the purpose
13 of voting for or against the establishment of a community
14 unit school district in the territory; (2) describe the
15 territory comprising the proposed district; (3) set forth the
16 maximum tax rates for educational, operations and maintenance
17 and the purchase and improvements of school grounds, pupil
18 transportation, and fire prevention and safety purposes the
19 proposed district shall be authorized to levy; and (4)
20 designate a committee of 10 of the petitioners, any 7 of whom
21 may at any time, prior to the final decision of the Regional
22 Superintendent, amend the petition in all respects (except
23 that there may not be an increase or decrease of more than
24 25% of the territory to be included in the proposed
25 district), and may make binding stipulations on behalf of all
26 petitioners as to any question with respect to the petition
27 or hearing and the Regional Superintendent may accept such
28 stipulation instead of evidence or proof of the matter
29 stipulated, which committee of petitioners may stipulate to
30 accountings or waiver thereof between school districts;
31 however, the Regional Superintendent may refuse to accept
32 such stipulation; those designated as the Committee of Ten
33 shall serve in such capacity until such time as the Regional
34 Superintendent should determine that, because of death,
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1 resignation, transfer of residency from the territory,
2 failure to qualify or for any other reason, the office of a
3 particular member of the Committee is vacant. Failure of a
4 person designated as a member of the Committee of Ten to sign
5 the petition, whether filed prior or subsequent to September
6 23, 1983 (the effective date of P.A. 83-686), shall not
7 disqualify such person as a member thereof and such person
8 may sign the petition at any time prior to final disposition
9 of the petition and the conclusion of the proceedings to form
10 a unit district, including all litigation pertaining to the
11 petition or proceedings. Upon determination by the Regional
12 Superintendent that such vacancies exist, he shall so declare
13 such vacancies and shall notify the remaining members to
14 appoint a petitioner or petitioners, as the case may be, to
15 fill the vacancies in the Committee of Ten so designated.
16 Such appointment by the Committee of Ten of any such new
17 membership shall be made by a simple majority vote of the
18 designated remaining members. The Committee of Ten shall
19 act, unless otherwise herein specified, by majority vote of
20 the membership. The Committee of Ten may voluntarily dismiss
21 their petition at any time before the final decision of the
22 Regional Superintendent.
23 The petition may request that the referendum at which the
24 proposition is submitted for the purpose of voting for or
25 against the establishment of a community unit school district
26 include as part of the proposition the election of board
27 members by school board district rather than at large. Any
28 petition requesting the election of board members by district
29 shall divide the proposed school district into 7 school board
30 districts, each of which must be compact and contiguous and
31 substantially equal in population to each other school board
32 district. Any election of board members by school board
33 district shall proceed under the supervision of the Regional
34 Superintendent as provided in Section 11A-8. The Committee of
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1 Ten may amend any petition approved by the Regional
2 Superintendent and State Superintendent of Education prior to
3 July 29, 1988 to include as part of the proposition the
4 election of board members by district as provided above. The
5 Regional Superintendent shall, following approval by the
6 State Superintendent of Education, submit the proposition as
7 provided in the amended petition to the appropriate election
8 authorities.
9 The petition may request that if the proposition to
10 create a community unit school district is submitted to the
11 voters at the consolidated election which occurs in April of
12 odd-numbered years, at the general primary election which
13 occurs in March of even-numbered years, at the nonpartisan
14 election which occurs in November of odd-numbered years, or
15 at the general election which occurs in November of
16 even-numbered years, that at that same election a board of
17 education be elected on a separate ballot to serve as the
18 board of education of the proposed new district. Any
19 election of board members at the same election at which the
20 proposition to create the district to be served by that board
21 is submitted to the voters shall proceed under the
22 supervision of the Regional Superintendent as provided in
23 Section 11A-8.
24 The petition may also request that the referendum at
25 which the proposition shall be submitted for the purpose of
26 voting for or against the establishment of a community unit
27 school district in the territory include a proposition on a
28 separate ballot authorizing the issuance of bonds by the
29 district when organized, in accordance with this Act. The
30 principal amount of the bonds and the purposes of issuance
31 shall be stated in such petition and in all notices and
32 propositions submitted thereunder.
33 A petition to form a new community unit school district
34 from the entire territory of 2 or more school districts may
-22- LRB093 08011 JAM 08209 b
1 also request that the bonded indebtedness of each existing
2 school district be assumed by the entire territory of the new
3 community unit school district in the manner provided by
4 subsection (b) of Section 11A-12.
5 Upon the filing of a petition with the Regional
6 Superintendent of the Region in which the greater portion of
7 the equalized assessed valuation of the territory described
8 in the petition lies, the Regional Superintendent shall cause
9 a copy of such petition to be given to each board of any
10 district involved in the proposed formation of the new
11 district and shall cause a notice thereof to be published at
12 least once each week for 3 successive weeks in at least one
13 newspaper having general circulation within the area of the
14 territory of the proposed district. The notice shall state
15 when and to whom the petition was presented, the description
16 of the territory of the proposed district, if requested in
17 the petition a statement of the proposition to issue bonds
18 and indicating the amount and purpose thereof, and the day on
19 which the hearing upon the petition will be held. Not more
20 than 30 days after the publication of notice the Regional
21 Superintendent shall hold a hearing on the petition.
22 Upon the Regional Superintendent determining that the
23 petition, as filed or amended, is proper and is in compliance
24 with any applicable petition requirements set forth in the
25 Election Code, he shall hear evidence as to the school needs
26 and conditions of the territory and in the area within and
27 adjacent thereto and take into consideration the division of
28 funds and assets which will result from the organization of
29 the district, and shall determine whether it is for the best
30 interests of the schools of the area and the educational
31 welfare of the pupils therein that such district be
32 organized.
33 At the hearing, any resident in the proposed district or
34 any district affected thereby may appear in support of the
-23- LRB093 08011 JAM 08209 b
1 petition or to object thereto. The Regional Superintendent
2 may adjourn the hearing from time to time. Within 14 days
3 after the conclusion of the hearing the Regional
4 Superintendent shall make a decision either approving or
5 denying the petition. Upon the Regional Superintendent
6 approving or denying the petition he shall submit the
7 petition and all evidence submitted to the State
8 Superintendent of Education who shall, within 30 days after
9 the decision of the Regional Superintendent, approve or deny
10 the petition according to the following criteria:
11 He shall review the entire record of the proceedings had
12 before the Regional Superintendent, including the transcript
13 of said proceedings, and based upon a review of the same
14 shall take into consideration:
15 (1) whether the proposed district will have
16 sufficient size (pupil enrollment) and financial
17 resources (assessed valuation) to provide and maintain a
18 recognized educational program for grades kindergarten
19 through 12;
20 (2) whether the proposed school district is for the
21 best interests of the schools of the area and the
22 educational welfare of the pupils therein; and
23 (3) whether the territory for the proposed school
24 district is compact and contiguous for school purposes.
25 If the State Superintendent of Education denies the
26 petition the reasons for such denial shall be communicated to
27 appropriate groups, agencies or instrumentalities
28 representing the petitioners.
29 If a majority of the voters in at least 2 community unit
30 school districts have voted in favor of a proposition to
31 create a new community unit school district, but the
32 proposition was not approved under the standards set forth in
33 Section 11A-8 of the School Code, then the members of the
34 Committee of Ten shall submit an amended petition for
-24- LRB093 08011 JAM 08209 b
1 consolidation to the boards of education of those districts
2 as long as the territory involved is compact and contiguous.
3 The petition submitted to the boards of education shall be
4 identical in form and substance to the petition previously
5 approved by the Regional Superintendent of Schools with the
6 sole exception that the territory comprising the proposed
7 district shall be amended to include the compact and
8 contiguous territory of those community unit school districts
9 in which a majority of the voters voted in favor of the
10 proposal.
11 Each board of education to which the petition is
12 submitted shall meet and vote to approve or not approve the
13 amended petition no more than 30 days after it has been filed
14 with the board. The Regional Superintendent shall make
15 available to each board of education with which a petition
16 has been filed all transcripts and records of the previous
17 petition hearing. The boards of education shall, by the
18 appropriate resolution, approve or disapprove the amended
19 petition. No board of education may approve an amended
20 petition unless it first finds that the territory described
21 in the petition is compact and contiguous.
22 If a majority of the members of each board of education
23 to whom a petition is submitted votes in favor of the amended
24 petition, the approved petition shall be transmitted by the
25 secretary of each board of education to the State
26 Superintendent of Education who shall, within 30 days of
27 receipt, approve or deny the amended petition based on the
28 criteria stated in this Section which governed the State
29 Superintendent of Education in his initial review of the
30 petition. If approved by the State Superintendent of
31 Education, the petition shall be placed on the ballot at the
32 next regularly scheduled election.
33 (Source: P.A. 87-10; 87-185; 87-839; 87-1270; 88-555, eff.
34 7-27-94.)
-25- LRB093 08011 JAM 08209 b
1 (105 ILCS 5/11B-3) (from Ch. 122, par. 11B-3)
2 Sec. 11B-3. Petition filing; notice; hearing; decision.
3 A petition shall be filed with the Regional Superintendent of
4 the region in which the territory described in the petition
5 or the greater portion of the equalized assessed valuation of
6 the territory is situated, signed by at least 10% of the
7 voters residing within each district included in the
8 territory or filed by the boards of each school district
9 affected. The petition shall: (1) request the submission of
10 the proposition at a regular scheduled election for the
11 purpose of voting for or against the establishment of a
12 combined school district in the territory; (2) describe the
13 territory comprising the proposed district by districts; (3)
14 set forth the maximum tax rates for educational, operations
15 and maintenance and the purchase and improvements of school
16 grounds, pupil transportation and fire prevention and safety
17 purposes the proposed district shall be authorized to levy;
18 and (4) designate a committee of 10 of the petitioners, any 7
19 of whom may at any time prior to the regional
20 superintendent's final decision amend the petition in all
21 respects and make binding stipulations on behalf of all
22 petitioners as to any question with respect to the petition
23 or hearing, including stipulations for accountings or the
24 waiver thereof between school districts. The regional
25 superintendent who is required to hold a hearing on the
26 petition as provided in this Section may accept any such
27 stipulation instead of evidence or proof of the matter
28 stipulated or may refuse to accept the stipulation. Those
29 designated as the Committee of Ten shall serve in that
30 capacity until such time as the regional superintendent
31 determines that because of death, resignation, transfer of
32 residency from the territory, failure to qualify or any other
33 reason the office of a particular member of the Committee is
34 vacant. Failure of a person designated as a member of the
-26- LRB093 08011 JAM 08209 b
1 Committee of Ten to sign the petition shall not disqualify
2 that person as a member thereof, and that person may sign the
3 petition at any time prior to final disposition of the
4 petition and the conclusion of the proceedings to form the
5 new combined school district, including all litigation
6 pertaining to the petition or proceedings. Upon
7 determination by the regional superintendent that vacancies
8 exist, he shall declare the vacancies and shall notify the
9 remaining members to appoint a petitioner or petitioners, as
10 the case may be, to fill the vacancies in the Committee of
11 Ten so designated. An appointment by the Committee of Ten to
12 fill any such vacancy shall be made by a simple majority vote
13 of the designated remaining members. The Committee of Ten
14 shall act, unless otherwise herein specified, by majority
15 vote of the membership. The Committee of Ten may voluntarily
16 dismiss their petition at any time before the final decision
17 of the Regional Superintendent.
18 The petition may request that if the proposition to
19 create a combined school district is submitted to the voters
20 at the consolidated election which occurs in April of
21 odd-numbered years, at the general primary election which
22 occurs in March of even-numbered years, at the nonpartisan
23 election which occurs in November of odd-numbered years, or
24 at the general election which occurs in November of
25 even-numbered years, that at that same election a board of
26 education be elected on a separate ballot to serve as the
27 board of education of the proposed new district. Any
28 election of board members at the same election at which the
29 proposition to create the district to be served by that board
30 is submitted to the voters shall proceed under the
31 supervision of the Regional Superintendent as provided in
32 Section 11B-7.
33 The petition may also request that the referendum include
34 a proposition on a separate ballot authorizing the issuance
-27- LRB093 08011 JAM 08209 b
1 of bonds by the district when organized in accordance with
2 this Article. The principal amount of the bonds and the
3 purposes of the issuance shall be stated in the petition and
4 in all notices and propositions submitted thereunder.
5 Upon the filing of a petition with the Regional
6 Superintendent under the provisions of Section 11B-2 of this
7 Article, the Regional Superintendent shall cause a copy of
8 such petition to be given to each board of any district
9 involved in the proposed formation of the new district and
10 shall cause a notice thereof to be published at least once
11 each week for 3 successive weeks in at least one newspaper
12 having general circulation within the area of the territory
13 of the proposed district. The notice shall state when and to
14 whom the petition was presented, the description of the
15 territory of the proposed district, and the day on which the
16 hearing upon the petition will be held. Not more than 30
17 days after the publication of notice, the Regional
18 Superintendent shall hold a hearing on the petition. Prior
19 to the hearing, the petitioners shall submit to the Regional
20 Superintendent maps showing the districts involved, and any
21 other information pertinent to the proposed formation of a
22 new district. The reports and maps submitted shall be made a
23 part of the records of the proceedings of the Regional
24 Superintendent. A copy of the reports and maps submitted
25 shall be sent to the board of each district involved, not
26 less than 5 days prior to the date upon which the hearing is
27 to be held. The Regional Superintendent shall hear evidence
28 as to the school needs and conditions in the territory which
29 will form the proposed new district and as to the ability of
30 the proposed new district to meet the standards of
31 recognition as prescribed by the State Board of Education.
32 At the hearing, any resident in the territory described
33 in the petition may appear in person or by an attorney in
34 support of the petition or to object to the granting of the
-28- LRB093 08011 JAM 08209 b
1 petition and may present evidence in support of his position.
2 At the conclusion of the hearing, the Regional Superintendent
3 of schools shall within 14 days enter an order either
4 granting or denying the petition and shall deliver to any
5 attorney of record and affected school board a copy of his
6 order. Upon the Regional Superintendent approving or denying
7 the petition he shall submit the petition and all evidence
8 submitted to the State Superintendent of Education for
9 review. The Superintendent shall, within 30 days after the
10 decision of the Regional Superintendent, approve or deny the
11 petition according to the following criteria:
12 He shall review the entire record of the proceedings had
13 before the Regional Superintendent, including the transcript
14 of said proceedings, and based upon a review of the same
15 shall take into consideration:
16 (1) whether the proposed district will have
17 sufficient size (pupil enrollment) and financial
18 resources (assessed valuation) to provide and maintain a
19 recognized educational program for the proposed school
20 district;
21 (2) whether the proposed school district is for the
22 best interests of schools of the area and the educational
23 welfare of the pupils therein; and
24 (3) whether the territory for the proposed school
25 district is compact and contiguous for school purposes.
26 If the State Superintendent of Education denies the
27 petition the reasons for such denial shall be communicated to
28 appropriate groups, agencies or instrumentalities
29 representing the petitioners and no further proceedings shall
30 be had.
31 (Source: P.A. 87-10; 87-107; 87-839; 87-1270.)
32 (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
33 Sec. 33-1. Board of Education - Election - Terms. In
-29- LRB093 08011 JAM 08209 b
1 all school districts, including special charter districts
2 having a population of 100,000 and not more than 500,000,
3 which adopt this Article, as hereinafter provided, there
4 shall be maintained a system of free schools in charge of a
5 board of education, which shall be a body politic and
6 corporate by the name of "Board of Education of the City
7 of....". The board shall consist of 7 members elected by the
8 voters of the district. Except as provided in Section 33-1b
9 of this Act, The regular election for members of the board
10 shall be held at the consolidated election and at the general
11 primary electionon the first Tuesday of April in odd
12 numbered years and on the third Tuesday of March in even
13 numbered years. The law governing the registration of voters
14 for the primary election shall apply to the regular election.
15 At the first regular election 7 persons shall be elected as
16 members of the board. The person who receives the greatest
17 number of votes shall be elected for a term of 5 years. The
18 2 persons who receive the second and third greatest number of
19 votes shall be elected for a term of 4 years. The person who
20 receives the fourth greatest number of votes shall be elected
21 for a term of 3 years. The 2 persons who receive the fifth
22 and sixth greatest number of votes shall be elected for a
23 term of 2 years. The person who receives the seventh
24 greatest number of votes shall be elected for a term of 1
25 year. Thereafter, at each regular election for members of the
26 board, the successors of the members whose terms expire in
27 the year of election shall be elected for a term of 5 years.
28 All terms shall commence on July 1 next succeeding the
29 elections. Any vacancy occurring in the membership of the
30 board shall be filled by appointment until the next regular
31 election for members of the board.
32 In any school district which has adopted this Article, a
33 proposition for the election of board members by school board
34 district rather than at large may be submitted to the voters
-30- LRB093 08011 JAM 08209 b
1 of the district at the regular school election of any year in
2 the manner provided in Section 9-22. If the proposition is
3 approved by a majority of those voting on the propositions,
4 the board shall divide the school district into 7 school
5 board districts as provided in Section 9-22. At the regular
6 school election in the year following the adoption of such
7 proposition, one member shall be elected from each school
8 board district, and the 7 members so elected shall, by lot,
9 determine one to serve for one year, 2 for 2 years, one for 3
10 years, 2 for 4 years, and one for 5 years. Thereafter their
11 respective successors shall be elected for terms of 5 years.
12 The terms of all incumbent members expire July 1 of the year
13 following the adoption of such a proposition.
14 Any school district which has adopted this Article may,
15 by referendum in accordance with Section 33-1a, adopt the
16 method of electing members of the board of education provided
17 in that Section.
18 Reapportionment of the voting districts provided for in
19 this Article or created pursuant to a court order, shall be
20 completed pursuant to Section 33-1c.
21 (Source: P.A. 82-1014; 86-1331.)
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