Illinois General Assembly - Full Text of HB4312
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Full Text of HB4312  99th General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing
5Sections 2A-1.2 and 2A-52 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;
17        (4) State Senator and State Representative;
18        (5) County elected officers, including State's
19    Attorney, County Board member, County Commissioners, and
20    elected President of the County Board or County Chief
21    Executive;
22        (6) Circuit Court Clerk;
23        (7) Regional Superintendent of Schools, except in



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1    counties or educational service regions in which that
2    office has been abolished;
3        (8) Judges of the Supreme, Appellate and Circuit
4    Courts, on the question of retention, to fill vacancies and
5    newly created judicial offices;
6        (9) (Blank);
7        (10) Trustee of the Metropolitan Sanitary District of
8    Chicago, and elected Trustee of other Sanitary Districts;
9        (11) Special District elected officers, not otherwise
10    designated in this Section, where the statute creating or
11    authorizing the creation of the district requires an annual
12    election and permits or requires election of candidates of
13    political parties.
14    (b) At the general primary election:
15        (1) in each even-numbered year candidates of political
16    parties shall be nominated for those offices to be filled
17    at the general election in that year, except where pursuant
18    to law nomination of candidates of political parties is
19    made by caucus.
20        (2) in the appropriate even-numbered years the
21    political party offices of State central committeeman,
22    township committeeman, ward committeeman, and precinct
23    committeeman shall be filled and delegates and alternate
24    delegates to the National nominating conventions shall be
25    elected as may be required pursuant to this Code. In the
26    even-numbered years in which a Presidential election is to



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1    be held, candidates in the Presidential preference primary
2    shall also be on the ballot.
3        (3) in each even-numbered year, where the municipality
4    has provided for annual elections to elect municipal
5    officers pursuant to Section 6(f) or Section 7 of Article
6    VII of the Constitution, pursuant to the Illinois Municipal
7    Code or pursuant to the municipal charter, the offices of
8    such municipal officers shall be filled at an election held
9    on the date of the general primary election, provided that
10    the municipal election shall be a nonpartisan election
11    where required by the Illinois Municipal Code. For partisan
12    municipal elections in even-numbered years, a primary to
13    nominate candidates for municipal office to be elected at
14    the general primary election shall be held on the Tuesday 6
15    weeks preceding that election.
16        (4) in each school district which has adopted the
17    provisions of Article 33 of the School Code, successors to
18    the members of the board of education whose terms expire in
19    the year in which the general primary is held shall be
20    elected.
21        (5) in the 2018 primary election, the members of the
22    Board of Trustees of the City Colleges of Chicago, Illinois
23    Community College District No. 508, shall be elected to
24    serve a term of 5 years; successors shall be elected at the
25    consolidated election under subsection (c) of this Section
26    to a term of 4 years as provided under Section 2A-48 of



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1    this Code. The election of members of the Board of Trustees
2    of the City Colleges of Chicago held in 2018 shall be a
3    nonpartisan election as provided for under this Code and
4    conducted on a nonpartisan ballot.
5    (c) At the consolidated election in the appropriate
6odd-numbered years, the following offices shall be filled:
7        (1) Municipal officers, provided that in
8    municipalities in which candidates for alderman or other
9    municipal office are not permitted by law to be candidates
10    of political parties, the runoff election where required by
11    law, or the nonpartisan election where required by law,
12    shall be held on the date of the consolidated election; and
13    provided further, in the case of municipal officers
14    provided for by an ordinance providing the form of
15    government of the municipality pursuant to Section 7 of
16    Article VII of the Constitution, such offices shall be
17    filled by election or by runoff election as may be provided
18    by such ordinance;
19        (2) Village and incorporated town library directors;
20        (3) City boards of stadium commissioners;
21        (4) Commissioners of park districts;
22        (5) Trustees of public library districts;
23        (6) Special District elected officers, not otherwise
24    designated in this section, where the statute creating or
25    authorizing the creation of the district permits or
26    requires election of candidates of political parties;



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1        (7) Township officers, including township park
2    commissioners, township library directors, and boards of
3    managers of community buildings, and Multi-Township
4    Assessors;
5        (8) Highway commissioners and road district clerks;
6        (9) Members of school boards in school districts which
7    adopt Article 33 of the School Code;
8        (10) The directors and chairman of the Chain O Lakes -
9    Fox River Waterway Management Agency;
10        (11) Forest preserve district commissioners elected
11    under Section 3.5 of the Downstate Forest Preserve District
12    Act;
13        (12) Elected members of school boards, school
14    trustees, directors of boards of school directors,
15    trustees of county boards of school trustees (except in
16    counties or educational service regions having a
17    population of 2,000,000 or more inhabitants) and members of
18    boards of school inspectors, except school boards in school
19    districts that adopt Article 33 of the School Code;
20        (13) Members of Community College district boards,
21    except as otherwise provided in paragraph (5) of subsection
22    (b) of this Section;
23        (14) Trustees of Fire Protection Districts;
24        (15) Commissioners of the Springfield Metropolitan
25    Exposition and Auditorium Authority;
26        (16) Elected Trustees of Tuberculosis Sanitarium



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



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



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1(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
2eff. 8-9-96; 90-358, eff. 1-1-98.)
3    (10 ILCS 5/2A-52)  (from Ch. 46, par. 2A-52)
4    Sec. 2A-52. Community College District - Member - Time of
5Election. A member of the Board of a Community College District
6shall be elected at each consolidated election to succeed each
7elected incumbent member of the Board whose term expires before
8the following consolidated election. However, a member of the
9Board of Trustees of the City Colleges of Chicago, Illinois
10Community College District No. 508, shall be elected at each
11consolidated election beginning with the April 2023 election to
12succeed each incumbent member whose term ends before the
13following consolidated election.
14(Source: P.A. 90-358, eff. 1-1-98.)
15    Section 10. The Public Community College Act is amended by
16changing Sections 7-1, 7-2, and 7-3 and by adding Sections
177-2.1, 7-2.2, and 7-2.3 as follows:
18    (110 ILCS 805/7-1)  (from Ch. 122, par. 107-1)
19    Sec. 7-1. This Article applies only to community college
20districts in cities having a population of 500,000 or more
21inhabitants. Each such community college district shall
22maintain a system of community colleges under the charge of a
23board, which is appointed as provided in Section 7-2. Except as



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1otherwise provided in this Article, such a community college
2district and its board have all the rights, duties, powers and
3responsibilities and are subject to the same limitations as are
4provided for other community college districts in this Act, as
5now or hereafter amended.
6(Source: P.A. 78-669.)
7    (110 ILCS 805/7-2)  (from Ch. 122, par. 107-2)
8    Sec. 7-2. (a) This subsection (a) applies until March 20,
92018. The board shall consist of 7 members, appointed by the
10mayor with the approval of the city council. Prior to the
11expiration of the term of any member his successor shall be
12appointed in like manner and shall hold office for a term of 3
13years from July 1 of the year in which he is appointed and
14until his successor is appointed and qualified. Any vacancy in
15the membership of the board shall be filled through appointment
16by the mayor, with the approval of the city council, for the
17unexpired term. If any appointee fails to qualify within 30
18days after his appointment, the office shall be filled by a new
19appointment for the unexpired term. To be eligible for
20appointment to a board under this Section, a person must
21possess the same qualifications and meet the same requirements
22as are prescribed by this Act for members of an elected board
23of a community college district.
24    (b) On March 21, 2018, notwithstanding the provisions of
25Section 3-7 of this Act, the terms of all members of the board



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1appointed under subsection (a) of this Section are abolished
2when the new board, consisting of 21 members, is elected by the
3electors of the community college district as provided in this
4subsection (b) and takes office.
5    Each member shall be elected for a term of 4 years,
6commencing on the second Tuesday in May of the year in which
7the member is elected, and until the member's successor is
8elected and has qualified, except that members of the board
9elected to terms commencing on March 21, 2018 shall commence to
10serve for terms of 5 years and until the member's successor is
11elected and has qualified. For purposes of elections conducted
12pursuant to this subsection (b), the City of Chicago shall be
13subdivided into 20 trustee districts by the General Assembly
14for seats on the board, as provided under Section 7-2.3 of this
15Act. Each district shall be represented by a member, and one
16member shall be elected at large and serve as the president of
17the board. To be eligible for election or appointment to a
18board under this Section, a person must possess the same
19qualifications and meet the same requirements as are prescribed
20by this Act for members of an elected board of a community
21college district. A person is ineligible for election or
22appointment to a board under this Section if that person is an
23employee of a community college district within the city.
24    (c) No member shall have or be an employee or owner of a
25company that has a contract with a community college within the
26city. No former officer, member, or employee of the board



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1shall, within a period of one year immediately after
2termination of service on the board, knowingly accept
3employment or receive compensation or fees for services from a
4person or entity if the officer, member, or employee, during
5the year immediately preceding termination of service on the
6board, participated personally and substantially in the award
7of contracts with the board, community college district, or
8community colleges within the city, or the issuance of contract
9change orders with the board or the community college district,
10or community college within the city, with a cumulative value
11of $25,000 or more to the person, the entity, or the entity's
12parent or subsidiary.
13    (d) Whenever a vacancy occurs, the remaining members shall
14fill the vacancy, and the person so appointed shall serve until
15a successor is elected at the next regular election for board
16members and is certified in accordance with Sections 22-17 and
1722-18 of the Election Code. If the remaining members fail to
18fill the vacancy within 60 days after the vacancy occurs, the
19chairman of the State Board shall fill that vacancy, and the
20person so appointed shall serve until a successor is elected at
21the next regular election for board members and is certified in
22accordance with Sections 22-17 and 22-18 of the Election Code.
23The person appointed to fill a vacancy shall have the same
24residential qualifications as his or her predecessor in office
25was required to have. However, in either instance, if the
26vacancy occurs with more than 28 months remaining until the



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1term expires, the appointed member shall serve only until a
2successor is elected and qualified at the next scheduled
4(Source: P.A. 78-669.)
5    (110 ILCS 805/7-2.1 new)
6    Sec. 7-2.1. Nomination petitions. Notwithstanding Section
73-7.10 of this Act, in addition to the requirements of the
8general election law, the form of petitions under this Section
9shall be substantially as follows:
12    To the Board of Election Commissioners for the City of
14    We the undersigned, being (.... or more) of the voters
15residing within said district, hereby petition that .... who
16resides at .... in the City of Chicago shall be a candidate for
17the office of .... of the Board of Trustees of the City
18Colleges of Chicago, Illinois Community College District No.
19508, (full term) (vacancy) to be voted for at the election to
20be held on (insert date).
21    Name: .................. Address: ...................
22    In the designation of the name of a candidate on a petition
23for nomination, the candidate's given name or names, initial or
24initials, a nickname by which the candidate is commonly known,
25or a combination thereof may be used in addition to the



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



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1general election law, except that petitions for the nomination
2of members of the board for the March 20, 2018 election shall
3be prepared and certified on the same schedule as the petition
4schedule for the candidates for the General Assembly. The board
5of election commissioners shall receive and file only those
6petitions that include a statement of candidacy, the required
7number of voter signatures, the notarized signature of the
8petition circulator, and a receipt from the County Clerk
9showing that the candidate has filed a statement of economic
10interest on or before the last day to file as required by the
11Illinois Governmental Ethics Act. The board of election
12commissioners may have petition forms available for issuance to
13potential candidates and may give notice of the petition filing
14period by publication in a newspaper of general circulation
15within the community college district not less than 10 days
16prior to the first day of filing. The board of election
17commissioners shall make certification to the proper election
18authorities in accordance with the general election law.
19    The board of election commissioners of the jurisdiction in
20which the principal office of the community college district is
21located shall notify the candidates for whom a petition for
22nomination is filed or the appropriate committee of the
23obligations under the Campaign Financing Act as provided in the
24general election law. Such notice shall be given on a form
25prescribed by the State Board of Elections and in accordance
26with the requirements of the general election law. The board of



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1election commissioners shall within 7 days of filing or on the
2last day for filing, whichever is earlier, acknowledge to the
3petitioner in writing the office's acceptance of the petition.
4    A candidate for membership on the board who has petitioned
5for nomination to fill a full term and to fill a vacant term to
6be voted upon at the same election must withdraw his or her
7petition for nomination from either the full term or the vacant
8term by written declaration.
9    Nomination petitions are not valid unless the candidate
10named therein files with the board of election commissioners a
11receipt from the county clerk showing that the candidate has
12filed a statement of economic interests as required by the
13Illinois Governmental Ethics Act. Such receipt shall be so
14filed either previously during the calendar year in which his
15or her nomination papers were filed or within the period for
16the filing of nomination papers in accordance with the general
17election law.
18    (110 ILCS 805/7-2.2 new)
19    Sec. 7-2.2. Ballots. The board of election commissioners of
20the jurisdiction in which the principal office of the community
21college district is located shall conduct a lottery to
22determine the ballot order of candidates for full terms in the
23event of any simultaneous petition filings. Such candidate
24lottery shall be conducted as follows:
25    All petitions filed by persons waiting in line as of 8:00



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1a.m. on the first day for filing, or as of the normal opening
2hour of the office involved on such day, shall be deemed
3simultaneously filed as of 8:00 a.m. or the normal opening
4hour, as the case may be. Petitions filed by mail and received
5after midnight of the first day for filing and in the first
6mail delivery or pickup of that day shall be deemed
7simultaneously filed as of 8:00 a.m. of that day or as of the
8normal opening hour of such day, as the case may be. All
9petitions received thereafter shall be deemed filed in the
10order of actual receipt. However, 2 or more petitions filed
11within the last hour of the filing deadline shall be deemed
12filed simultaneously.
13    Where 2 or more petitions are received simultaneously for
14the same office as of 8:00 a.m. on the first day for petition
15filing or as of the normal opening hour of the office of the
16board of election commissioners with whom such petitions are
17filed, the board of election commissioners shall break ties and
18determine the order of filing by means of a lottery or other
19fair and impartial method of random selection. Such lottery
20shall be conducted within 9 days following the last day for
21petition filing and shall be open to the public. Seven days
22written notice of the time and place of conducting such random
23selection shall be given by the board of election commissioners
24to all candidates who filed their petitions simultaneously and
25to each organization of citizens within the election
26jurisdiction that was entitled, under the general election law,



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1at the next preceding election, to have poll watchers present
2on the day of election. The board of election commissioners
3shall post in a conspicuous, open, and public place, at the
4entrance of his or her office, notice of the time and place of
5such lottery.
6    All candidates shall be certified in the order in which
7their petitions have been filed and in the manner prescribed by
8Section 10-15 of the Election Code. Where candidates have filed
9simultaneously, they shall be certified in the order prescribed
10by this Section and prior to candidates who filed for the same
11office at a later time.
12    Where elections are conducted for unexpired terms, a second
13lottery to determine ballot order shall be conducted for
14candidates who simultaneously file petitions for such
15unexpired terms. Such lottery shall be conducted in the same
16manner as prescribed by this Section for full term candidates.
17    Ballots for the election of board members shall be in the
18following form:
20    Ballot position for candidates shall be determined by the
21order of petition filing or lottery held pursuant to this
23    The community college district is divided into 20 trustee
24districts, each of which elects one member to the board and
25votes on one member to serve at-large.)



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DISTRICT ....... (1 through 20)
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
DISTRICT ....... (1 through 20)
(Precinct name or number)
Community College District No. ......, ........... County,
Election Tuesday (insert date)
(facsimile signature of Election Authority)



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2    (110 ILCS 805/7-2.3 new)
3    Sec. 7-2.3. Creation of trustee districts; reapportionment
4of districts.
5    (a) For purposes of elections conducted pursuant to
6subsection (b) of Section 7-2 of this Act, the City of Chicago
7shall be subdivided into 20 trustee districts after the
8effective date of this amendatory Act of the 99th General
9Assembly by the General Assembly for seats on the board. The
10trustee districts must be drawn on or before January 1, 2017.
11Each trustee district must be compact, contiguous, and
12substantially equal in population.
13    (b) In the year following each decennial census, the
14General Assembly shall redistrict the trustee districts to
15reflect the results of the decennial census consistent with the
16requirements in subsection (a) of this Section. The
17reapportionment plan shall be completed and formally approved
18by the General Assembly not less than 90 days before the last
19date established by law for the filing of nominating petitions
20for the second board election after the decennial census year.
21If by reapportionment a board member no longer resides within
22the trustee district from which the member was elected, the
23member shall continue to serve in office until the expiration
24of the member's regular term. All new members shall be elected
25from the trustee districts as reapportioned.



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1    (110 ILCS 805/7-3)  (from Ch. 122, par. 107-3)
2    Sec. 7-3. The organization of the board and election of
3officers for the a board appointed under Section 7-2 shall be
4conducted in accordance with the general election law and this
6(Source: P.A. 81-1489.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.