Full Text of HB2418 98th General Assembly
HB2418eng 98TH GENERAL ASSEMBLY |
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| 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 10-1 and 10-6 as follows:
| 6 | | (10 ILCS 5/10-1) (from Ch. 46, par. 10-1)
| 7 | | Sec. 10-1. Application of Article to minor political | 8 | | parties.
| 9 | | (a) Political parties as defined in this Article and | 10 | | individual
voters to the number and in the manner specified in | 11 | | this Article may
nominate candidates for public offices whose | 12 | | names shall be placed on
the ballot to be furnished, as | 13 | | provided in this Article. No
nominations may be made under this | 14 | | Article 10, however, by any
established political party which, | 15 | | at the general election next
preceding, polled more than 5% of | 16 | | the entire vote cast in the State,
district, or unit of local | 17 | | government for which the nomination is made.
Those nominations | 18 | | provided for in Section 45-5 of the Township Code
shall be made | 19 | | as prescribed in Sections 45-10 through 45-45 of that
Code for | 20 | | nominations
by established political parties, but minor | 21 | | political parties and
individual voters are governed by this | 22 | | Article. Any convention,
caucus, or meeting of qualified voters | 23 | | of any established political party
as defined in this Article |
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| 1 | | may, however, make one
nomination for each office therein to be
| 2 | | filled at any election for officers of a municipality with a | 3 | | population
of less than 5,000 by causing a certificate of | 4 | | nomination to be filed
with the municipal clerk as provided in | 5 | | Section 10-6 of this Code no earlier than 113 and no later than | 6 | | 106 days before
the election at which the nominated candidates | 7 | | are to be on the ballot .
The municipal caucuses shall be | 8 | | conducted on the first Monday in December of even-numbered | 9 | | years,
except that, when that Monday is a holiday or the eve
of | 10 | | a holiday, the caucuses shall be held on the next business day | 11 | | following the
holiday. Every certificate of nomination shall
| 12 | | state the facts required in Section 10-5 of this Article and
| 13 | | shall be signed by the presiding officer and by the secretary | 14 | | of the
convention, caucus, or meeting, who shall add to their | 15 | | signatures their
places of residence. The certificates shall be | 16 | | sworn to by them to be
true to the best of their knowledge and | 17 | | belief, and a certificate of the
oath shall be annexed to the | 18 | | certificate of nomination.
| 19 | | (b) Publication of the time and place of holding the caucus | 20 | | shall be given
by the municipal clerk. For municipalities of | 21 | | over 500 population, notice
of the caucus shall be published in | 22 | | a newspaper published in the
municipality. If there is no such | 23 | | newspaper, then the notice
shall be published in a newspaper
| 24 | | published in the county and having general circulation in the | 25 | | municipality.
For municipalities of 500 population or less,
| 26 | | notice of the caucus shall be given by the municipal clerk by |
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| 1 | | posting the
notice in 3 of the most public places in the | 2 | | municipality. The
publication or posting shall be given at | 3 | | least 10 days before the caucus.
| 4 | | (c) As provided in Sections 3.1-25-20 through 3.1-25-60 of | 5 | | the Illinois
Municipal Code, a village may adopt a system of | 6 | | nonpartisan primary and general
elections for the election of | 7 | | village officers.
| 8 | | (d) Any city, village, or incorporated town with a | 9 | | population of 5,000 or
less may, by ordinance, determine that | 10 | | established political parties shall
nominate candidates for | 11 | | municipal office in the city, village, or
incorporated town by | 12 | | primary in accordance with Article 7.
| 13 | | (e) Only those voters who reside within the territory for | 14 | | which the
nomination is made shall be permitted to vote or take | 15 | | part in the
proceedings of any convention, caucus, or meeting | 16 | | of individual voters or
of any political party held under this | 17 | | Section.
No voter shall vote or take part in the proceedings of | 18 | | more than one
convention, caucus, or meeting to make a | 19 | | nomination for the same office.
| 20 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 21 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 22 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 23 | | nomination and nomination papers for the nomination of | 24 | | candidates for
offices to be filled by electors of the entire | 25 | | State, or any district
not entirely within a county, or for |
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| 1 | | congressional, state legislative or
judicial offices, shall be | 2 | | presented to the principal office of the
State Board of | 3 | | Elections not more than 141 nor less than 134
days previous
to | 4 | | the day of election for which the candidates are nominated. The
| 5 | | State Board of Elections shall endorse the certificates of | 6 | | nomination or
nomination papers, as the case may be, and the | 7 | | date and hour of
presentment to it. Except as otherwise | 8 | | provided in this section, all
other certificates for the | 9 | | nomination of candidates shall be filed with
the county clerk | 10 | | of the respective counties not more than 141 but at
least 134 | 11 | | days previous to the day of such election. Certificates
of
| 12 | | nomination and nomination papers for the nomination of | 13 | | candidates for
the offices of political subdivisions to be | 14 | | filled at regular elections
other than the general election | 15 | | shall be filed with the local election
official of such | 16 | | subdivision:
| 17 | | (1) (Blank);
| 18 | | (2) not more than 113 nor less than 106 days prior to | 19 | | the
consolidated
election; or
| 20 | | (3) not more than 113 nor less than 106 days prior to | 21 | | the general
primary in the case of municipal offices to be | 22 | | filled at the general
primary election; or
| 23 | | (4) not more than 99 nor less than 92 days before the
| 24 | | consolidated
primary in the case of municipal offices to be | 25 | | elected on a nonpartisan
basis pursuant to law (including | 26 | | without limitation, those municipal
offices subject to |
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| 1 | | Articles 4 and 5 of the Municipal Code); or
| 2 | | (5) not more than 113 nor less than 106 days before the | 3 | | municipal
primary in even numbered years for such | 4 | | nonpartisan municipal offices
where annual elections are | 5 | | provided; or
| 6 | | (6) in the case of petitions for the office of | 7 | | multi-township assessor,
such petitions shall be filed | 8 | | with the election authority not more than
113 nor less than | 9 | | 106 days before the consolidated election ; or .
| 10 | | (7) in the case of petitions for school boards, during | 11 | | the 7-day period beginning on the first Tuesday of December | 12 | | immediately preceding the consolidated election. | 13 | | However, where a political subdivision's boundaries are | 14 | | co-extensive
with or are entirely within the jurisdiction of a | 15 | | municipal board of
election commissioners, the certificates of | 16 | | nomination and nomination
papers for candidates for such | 17 | | political subdivision offices shall be filed
in the office of | 18 | | such Board.
| 19 | | (Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
| 20 | | Section 10. The School Code is amended by changing Section | 21 | | 10-10 as follows:
| 22 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| 23 | | Sec. 10-10. Board of education; Term; Vacancy. All school | 24 | | districts
having a population of not fewer than 1,000 and not |
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| 1 | | more than 500,000
inhabitants, as ascertained by any special or | 2 | | general census, and not
governed by special Acts, shall be | 3 | | governed by a board of education
consisting of 7 members, | 4 | | serving without compensation except as herein
provided. Each | 5 | | member shall be elected for a term of 4 years for the initial | 6 | | members
of the board of education of a combined school district | 7 | | to which that
subsection applies. If 5 members are elected in | 8 | | 1983 pursuant to the extension
of terms provided by
law for | 9 | | transition to the consolidated election schedule under the | 10 | | general
election law, 2 of those members shall be elected to | 11 | | serve terms of 2 years
and 3 shall be elected to serve terms of | 12 | | 4 years; their successors shall
serve for a 4 year term. When | 13 | | the voters of a district have voted to elect
members of the | 14 | | board of education for 6 year terms, as provided in Section
| 15 | | 9-5, the terms of office of members of the board of education | 16 | | of that
district expire when their successors assume office but | 17 | | not later than 7
days after such election. If at the regular | 18 | | school election held in the
first odd-numbered year after the | 19 | | determination to elect members for 6 year
terms 2 members are | 20 | | elected, they shall serve for a 6 year term; and of the
members | 21 | | elected at the next regular school election 3 shall serve for a
| 22 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter | 23 | | members
elected in such districts shall be elected to a 6 year | 24 | | term. If at the
regular school election held in the first | 25 | | odd-numbered year after the
determination to elect members for | 26 | | 6 year terms 3 members are elected, they
shall serve for a 6 |
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| 1 | | year term; and of the members elected at the next
regular | 2 | | school election 2 shall serve for a term of 2 years and 2 shall
| 3 | | serve for a term of 6 years. Thereafter members elected in such | 4 | | districts
shall be elected to a 6 year term. If at the regular | 5 | | school election held
in the first odd-numbered year after the | 6 | | determination to elect members for
6 year terms 4 members are | 7 | | elected, 3 shall serve for a term of 6 years and
one shall | 8 | | serve for a term of 2 years; and of the members elected at the
| 9 | | next regular school election 2 shall serve for terms of 6 years | 10 | | and 2 shall
serve for terms of 2 years. Thereafter members | 11 | | elected in such districts
shall be elected to a 6 year term. If | 12 | | at the regular school election held
in the first odd-numbered | 13 | | year after the determination to elect members for
a 6 year term | 14 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 15 | | shall serve for a term of 2 years; and of the members elected | 16 | | at the
next regular school election 2 shall serve for terms of | 17 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter | 18 | | members elected in such districts
shall be elected to a 6 year | 19 | | term. An election for board members shall not
be held in school | 20 | | districts which by consolidation, annexation or otherwise
| 21 | | shall cease to exist as a school district within 6 months after | 22 | | the
election date, and the term of all board members which | 23 | | would otherwise
terminate shall be continued until such | 24 | | district shall cease to exist. Each
member, on the date of his | 25 | | or her election, shall be a
citizen of the United
States of the | 26 | | age of 18 years or over, shall be a resident of the State and
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| 1 | | the
territory of the district for at least one year immediately | 2 | | preceding his or
her
election, shall be a registered voter as | 3 | | provided in the general election
law,
shall not be a school | 4 | | trustee, and shall not be a child
sex offender as defined in | 5 | | Section 11-9.3 of the
Criminal Code of 2012. When the board of
| 6 | | education is the successor of the school directors, all rights | 7 | | of property,
and all rights regarding causes of action existing | 8 | | or vested in such
directors, shall vest in it as fully as they | 9 | | were vested in the school
directors. Terms of members are | 10 | | subject to Section 2A-54 of the Election Code.
| 11 | | Nomination papers filed under this Section are not valid | 12 | | unless the candidate
named therein files with the secretary of | 13 | | the board of education or with
a person designated by the board | 14 | | to receive nominating petitions a receipt
from the county clerk | 15 | | showing that the candidate has filed a statement of
economic | 16 | | interests as required by the Illinois Governmental Ethics Act.
| 17 | | Such receipt shall be so filed either previously during the | 18 | | calendar year
in which his nomination papers were filed or | 19 | | within the period for the filing
of nomination papers in | 20 | | accordance with the general election law.
| 21 | | Whenever a vacancy occurs, the remaining members shall | 22 | | notify the
regional superintendent of that vacancy within 5 | 23 | | days after its occurrence
and shall proceed to fill the vacancy | 24 | | until the next regular school
election, at which election a | 25 | | successor shall be elected to serve the
remainder of the | 26 | | unexpired term. However, if , on and after the effective date of |
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| 1 | | this amendatory Act of the 98th General Assembly, the vacancy | 2 | | occurs within 90 days before the first date for filing | 3 | | petitions for the next regularly scheduled consolidated | 4 | | election, with less
than 868 days remaining in the term, or if | 5 | | the vacancy occurs
less than 88
days before the next regularly | 6 | | scheduled election for this office then the
person so appointed | 7 | | shall serve the remainder of the unexpired term, and no
| 8 | | election to fill the vacancy shall be held. Should they fail so | 9 | | to
act, within 45 days after the vacancy occurs, the regional | 10 | | superintendent
of schools under whose supervision and control | 11 | | the district is operating,
as defined in Section 3-14.2 of this | 12 | | Act, shall within 30 days after the
remaining members have | 13 | | failed to fill the vacancy, fill the vacancy as
provided for | 14 | | herein. Upon the regional superintendent's failure to fill the
| 15 | | vacancy, the vacancy shall be filled at the next regularly | 16 | | scheduled
election. Whether elected or appointed by the | 17 | | remaining members or regional
superintendent, the successor | 18 | | shall be an inhabitant of the particular area
from which his or | 19 | | her predecessor was elected if the residential requirements
| 20 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 21 | | A board of education may appoint a student to the board to | 22 | | serve in an advisory capacity. The student member shall serve | 23 | | for a term as determined by the board. The board may not grant | 24 | | the student member any voting privileges, but shall consider | 25 | | the student member as an advisor. The student member may not | 26 | | participate in or attend any executive session of the board.
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| 1 | | (Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
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