Full Text of HB0557 99th General Assembly
HB0557ham002 99TH GENERAL ASSEMBLY | Rep. Robert Martwick Filed: 3/2/2016
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| 1 | | AMENDMENT TO HOUSE BILL 557
| 2 | | AMENDMENT NO. ______. Amend House Bill 557 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 2A-1.2 and 2A-48 as follows:
| 6 | | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
| 7 | | Sec. 2A-1.2. Consolidated Schedule of Elections - Offices | 8 | | Designated.
| 9 | | (a) At the general election in the appropriate | 10 | | even-numbered years, the
following offices shall be filled or | 11 | | shall be on the ballot as otherwise
required by this Code:
| 12 | | (1) Elector of President and Vice President of the | 13 | | United States;
| 14 | | (2) United States Senator and United States | 15 | | Representative;
| 16 | | (3) State Executive Branch elected officers;
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| 1 | | (4) State Senator and State Representative;
| 2 | | (5) County elected officers, including State's | 3 | | Attorney, County Board
member, County Commissioners, and | 4 | | elected President of the County Board or
County Chief | 5 | | Executive;
| 6 | | (6) Circuit Court Clerk;
| 7 | | (7) Regional Superintendent of Schools, except in | 8 | | counties or
educational service regions in which that | 9 | | office has been abolished;
| 10 | | (8) Judges of the Supreme, Appellate and Circuit | 11 | | Courts, on the question
of retention, to fill vacancies and | 12 | | newly created judicial offices;
| 13 | | (9) (Blank);
| 14 | | (10) Trustee of the Metropolitan Sanitary District of | 15 | | Chicago, and elected
Trustee of other Sanitary Districts;
| 16 | | (11) Special District elected officers, not otherwise | 17 | | designated in this
Section, where the statute creating or | 18 | | authorizing the creation of
the district requires an annual | 19 | | election and permits or requires election
of candidates of | 20 | | political parties.
| 21 | | (b) At the general primary election:
| 22 | | (1) in each even-numbered year candidates of political | 23 | | parties shall be
nominated for those offices to be filled | 24 | | at the general election in that
year, except where pursuant | 25 | | to law nomination of candidates of political
parties is | 26 | | made by caucus.
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| 1 | | (2) in the appropriate even-numbered years the | 2 | | political party offices of
State central committeeman, | 3 | | township committeeman, ward committeeman, and
precinct | 4 | | committeeman shall be filled and delegates and alternate | 5 | | delegates
to the National nominating conventions shall be | 6 | | elected as may be required
pursuant to this Code. In the | 7 | | even-numbered years in which a Presidential
election is to | 8 | | be held, candidates in the Presidential preference primary
| 9 | | shall also be on the ballot.
| 10 | | (3) in each even-numbered year, where the municipality | 11 | | has provided for
annual elections to elect municipal | 12 | | officers pursuant to Section 6(f) or
Section 7 of Article | 13 | | VII of the Constitution, pursuant to the Illinois
Municipal | 14 | | Code or pursuant to the municipal charter, the offices of | 15 | | such
municipal officers shall be filled at an election held | 16 | | on the date of the
general primary election, provided that | 17 | | the municipal election shall be a
nonpartisan election | 18 | | where required by the Illinois Municipal Code. For
partisan | 19 | | municipal elections in even-numbered years, a primary to | 20 | | nominate
candidates for municipal office to be elected at | 21 | | the general primary
election shall be held on the Tuesday 6 | 22 | | weeks preceding that election.
| 23 | | (4) in each school district which has adopted the | 24 | | provisions of
Article 33 of the School Code, successors to | 25 | | the members of the board
of education whose terms expire in | 26 | | the year in which the general primary is
held shall be |
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| 1 | | elected.
| 2 | | (5) in 2018, the members of the Chicago Board of | 3 | | Education shall be elected to serve a term of 5 years; | 4 | | successors shall be elected at the consolidated election | 5 | | under subsection (c) of this Section to a term of 4 years | 6 | | as provided under Section 2A-48 of this Code. The election | 7 | | of members of the Chicago Board of Education held in 2018 | 8 | | shall be a nonpartisan election as provided for under this | 9 | | Code and conducted on a separate ballot. | 10 | | (c) At the consolidated election in the appropriate | 11 | | odd-numbered years,
the following offices shall be filled:
| 12 | | (1) Municipal officers, provided that in | 13 | | municipalities in which
candidates for alderman or other | 14 | | municipal office are not permitted by law
to be candidates | 15 | | of political parties, the runoff election where required
by | 16 | | law, or the nonpartisan election where required by law, | 17 | | shall be held on
the date of the consolidated election; and | 18 | | provided further, in the case of
municipal officers | 19 | | provided for by an ordinance providing the form of
| 20 | | government of the municipality pursuant to Section 7 of | 21 | | Article VII of the
Constitution, such offices shall be | 22 | | filled by election or by runoff
election as may be provided | 23 | | by such ordinance;
| 24 | | (2) Village and incorporated town library directors;
| 25 | | (3) City boards of stadium commissioners;
| 26 | | (4) Commissioners of park districts;
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| 1 | | (5) Trustees of public library districts;
| 2 | | (6) Special District elected officers, not otherwise | 3 | | designated in this
section, where the statute creating or | 4 | | authorizing the creation of the district
permits or | 5 | | requires election of candidates of political parties;
| 6 | | (7) Township officers, including township park | 7 | | commissioners, township
library directors, and boards of | 8 | | managers of community buildings, and
Multi-Township | 9 | | Assessors;
| 10 | | (8) Highway commissioners and road district clerks;
| 11 | | (9) Members of school boards in school districts which | 12 | | adopt Article 33
of the School Code;
| 13 | | (10) The directors and chairman of the Chain O Lakes - | 14 | | Fox River Waterway
Management Agency;
| 15 | | (11) Forest preserve district commissioners elected | 16 | | under Section 3.5 of
the Downstate Forest Preserve District | 17 | | Act;
| 18 | | (12) Elected members of school boards, school | 19 | | trustees, directors of
boards of school directors, | 20 | | trustees of county boards of school trustees
(except in | 21 | | counties or educational service regions having a | 22 | | population
of 2,000,000 or more inhabitants) and members of | 23 | | boards of school inspectors,
except school boards in school
| 24 | | districts that adopt Article 33 of the School Code and | 25 | | except as otherwise provided in paragraph (5) of subsection | 26 | | (b) of this Section ;
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| 1 | | (13) Members of Community College district boards;
| 2 | | (14) Trustees of Fire Protection Districts;
| 3 | | (15) Commissioners of the Springfield Metropolitan | 4 | | Exposition and
Auditorium
Authority;
| 5 | | (16) Elected Trustees of Tuberculosis Sanitarium | 6 | | Districts;
| 7 | | (17) Elected Officers of special districts not | 8 | | otherwise designated in
this Section for which the law | 9 | | governing those districts does not permit
candidates of | 10 | | political parties.
| 11 | | (d) At the consolidated primary election in each | 12 | | odd-numbered year,
candidates of political parties shall be | 13 | | nominated for those offices to be
filled at the consolidated | 14 | | election in that year, except where pursuant to
law nomination | 15 | | of candidates of political parties is made by caucus, and
| 16 | | except those offices listed in paragraphs (12) through (17) of | 17 | | subsection
(c).
| 18 | | At the consolidated primary election in the appropriate | 19 | | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | 20 | | shall be elected in
municipalities in which
candidates for | 21 | | mayor, clerk, treasurer, or alderman are not permitted by
law | 22 | | to be candidates
of political parties, subject to runoff | 23 | | elections to be held at the
consolidated election as may be | 24 | | required
by law, and municipal officers shall be nominated in a | 25 | | nonpartisan election
in municipalities in which pursuant to law | 26 | | candidates for such office are
not permitted to be candidates |
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| 1 | | of political parties.
| 2 | | At the consolidated primary election in the appropriate | 3 | | odd-numbered years,
municipal officers shall be nominated or | 4 | | elected, or elected subject to
a runoff, as may be provided by | 5 | | an ordinance providing a form of government
of the municipality | 6 | | pursuant to Section 7 of Article VII of the Constitution.
| 7 | | (e) (Blank).
| 8 | | (f) At any election established in Section 2A-1.1, public | 9 | | questions may
be submitted to voters pursuant to this Code and | 10 | | any special election
otherwise required or authorized by law or | 11 | | by court order may be conducted
pursuant to this Code.
| 12 | | Notwithstanding the regular dates for election of officers | 13 | | established
in this Article, whenever a referendum is held for | 14 | | the establishment of
a political subdivision whose officers are | 15 | | to be elected, the initial officers
shall be elected at the | 16 | | election at which such referendum is held if otherwise
so | 17 | | provided by law. In such cases, the election of the initial | 18 | | officers
shall be subject to the referendum.
| 19 | | Notwithstanding the regular dates for election of | 20 | | officials established
in this Article, any community college | 21 | | district which becomes effective by
operation of law pursuant | 22 | | to Section 6-6.1 of the Public Community College
Act, as now or | 23 | | hereafter amended, shall elect the initial district board
| 24 | | members at the next regularly scheduled election following the | 25 | | effective
date of the new district.
| 26 | | (g) At any election established in Section 2A-1.1, if in |
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| 1 | | any precinct
there are no offices or public questions required | 2 | | to be on the ballot under
this Code then no election shall be | 3 | | held in the precinct on that date.
| 4 | | (h) There may be conducted a
referendum in accordance with | 5 | | the provisions of Division 6-4 of the
Counties Code.
| 6 | | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | 7 | | eff. 8-9-96; 90-358, eff. 1-1-98.)
| 8 | | (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
| 9 | | Sec. 2A-48. Board of School Directors and Board of | 10 | | Education - Member - Time of Election. A
member of a Board of | 11 | | School Directors or a member of an elected Board of
Education, | 12 | | as the case may be, shall be elected at each consolidated
| 13 | | election to succeed each incumbent member whose term ends | 14 | | before the
following consolidated election. However, a member | 15 | | of the Chicago Board of Education shall be elected at each | 16 | | consolidated election beginning with the April 2023 election to | 17 | | succeed each incumbent member whose term ends before the | 18 | | following consolidated election.
| 19 | | (Source: P.A. 90-358, eff. 1-1-98.)
| 20 | | Section 10. The School Code is amended by changing Sections | 21 | | 34-3, 34-4, and 34-13.1 and by adding Sections 34-21.9, 34-4.1 | 22 | | and 34-4.2 as follows:
| 23 | | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
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| 1 | | Sec. 34-3. Chicago School Reform Board of Trustees; new | 2 | | Chicago Board of
Education; members; term; vacancies.
| 3 | | (a) Within 30 days after the effective date of this | 4 | | amendatory Act of
1995, the terms of all members of the Chicago | 5 | | Board of Education
holding office on that date are abolished | 6 | | and the Mayor shall appoint,
without the consent or approval of | 7 | | the City Council, a 5 member
Chicago School Reform Board of | 8 | | Trustees which shall take office upon the
appointment of the | 9 | | fifth member. The Chicago School
Reform Board of Trustees and | 10 | | its members
shall serve until, and the terms of all members of | 11 | | the Chicago School
Reform Board of Trustees shall expire on, | 12 | | June 30, 1999 or upon the
appointment of a new Chicago Board of | 13 | | Education as provided
in subsection (b), whichever is later. | 14 | | Any vacancy in the membership of
the Trustees shall be filled | 15 | | through appointment by the Mayor,
without the consent or | 16 | | approval of the City Council, for the unexpired term.
One of | 17 | | the members appointed by the Mayor to the Trustees shall
be | 18 | | designated by the Mayor to serve as President of the Trustees. | 19 | | The
Mayor shall appoint a full-time, compensated
chief | 20 | | executive officer, and his or her compensation as such chief | 21 | | executive
officer shall be determined by the Mayor. The Mayor, | 22 | | at his or her discretion,
may appoint the President to serve | 23 | | simultaneously as the chief executive
officer.
| 24 | | (b) This subsection (b) applies until March 20, 2018. | 25 | | Within 30 days before the expiration of the terms of the | 26 | | members of
the Chicago Reform Board of Trustees as provided in |
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| 1 | | subsection (a), a new
Chicago Board of Education consisting of | 2 | | 7 members shall be appointed by the
Mayor to take office on the | 3 | | later of July 1, 1999 or the appointment of the
seventh member. | 4 | | Three of the members initially so appointed under this
| 5 | | subsection shall serve for terms ending June 30, 2002, 4 of the | 6 | | members
initially so appointed under this subsection shall | 7 | | serve for terms ending
June 30, 2003, and each member initially | 8 | | so appointed shall continue to hold
office until his or her | 9 | | successor is appointed and qualified. Thereafter at
the | 10 | | expiration of the term of any member a successor
shall be | 11 | | appointed by the Mayor and shall hold office for a term of 4 | 12 | | years,
from July 1 of the year in which the term commences and | 13 | | until a successor
is appointed and qualified. Any vacancy in | 14 | | the membership of the Chicago Board
of Education shall be | 15 | | filled through appointment by the Mayor for the
unexpired term. | 16 | | No appointment to membership on the
Chicago Board of Education | 17 | | that is made by the Mayor under
this subsection shall require | 18 | | the approval of the City
Council, whether the appointment is | 19 | | made for a full term or to fill a vacancy
for an unexpired term | 20 | | on the Board. | 21 | | (b-5) On March 21, 2018, the terms of all members of the | 22 | | Chicago Board of Education appointed under subsection (b) of | 23 | | this Section are abolished when the new board, consisting of 21 | 24 | | members, is elected by the electors of the school district as | 25 | | provided in this subsection (b-5) and takes office. | 26 | | Each member shall be elected for a term of 4 years, |
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| 1 | | commencing on the second Tuesday in May of the year in which | 2 | | the member is elected, and until the member's successor is | 3 | | elected and has qualified, except that members of the board | 4 | | elected to terms commencing on March 21, 2018 shall commence to | 5 | | serve for terms of 5 years and until the member's successor is | 6 | | elected and has qualified. For purposes of elections conducted | 7 | | pursuant to this subsection (b-5), the City of Chicago shall be | 8 | | subdivided into 20 electoral districts by the General Assembly | 9 | | for seats on the Chicago Board of Education, as provided under | 10 | | Section 34-21.9 of this Code. Each district shall be | 11 | | represented by a member, and one member shall be elected at | 12 | | large and serve as the president of the board. | 13 | | Within 28 days after each board enters office, the board | 14 | | shall organize by electing its vice president and fixing a time | 15 | | and place for the regular meetings. No less than a majority of | 16 | | the board's regular meetings shall take place after regular | 17 | | business hours in order to maximize community participation. | 18 | | Upon organizing itself as provided in this subsection (b-5), | 19 | | the board shall enter upon the discharge of its duties. | 20 | | Whenever a vacancy in the board occurs, the remaining | 21 | | members of the board shall notify the Mayor of that vacancy | 22 | | within 5 days after its occurrence and shall proceed to fill | 23 | | the vacancy until the next board election, at which election a | 24 | | successor shall be elected to serve the remainder of the | 25 | | unexpired term. However, if the vacancy occurs with less than | 26 | | 28 months remaining in the term or if the vacancy occurs less |
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| 1 | | than 88 days before the next board election, then the person so | 2 | | appointed shall serve the remainder of the unexpired term, and | 3 | | no election to fill the vacancy shall be held. The successor | 4 | | shall have the same residential and other qualifications as his | 5 | | or her predecessor. Should the remaining board members fail to | 6 | | act within 45 days after the vacancy occurs, the Mayor shall, | 7 | | within 30 days after the remaining members have failed to fill | 8 | | the vacancy, fill the vacancy as provided for in this Section. | 9 | | Upon the Mayor's failure to fill the vacancy, the vacancy shall | 10 | | be filled at the next board election. The successor shall have | 11 | | the same residential and other qualifications as his or her | 12 | | predecessor. | 13 | | (b-10) The board shall elect annually from its
number a | 14 | | president and vice-president, in such
manner and at such
time | 15 | | as the board determines by its rules. The president elected by | 16 | | the voters and vice-president elected by the board officers so | 17 | | elected shall each
perform the duties imposed upon his or her | 18 | | their respective office by the rules of the
board, provided | 19 | | that (i) the president shall preside at meetings of the board
| 20 | | and vote as any other member but have no power of veto, and | 21 | | (ii) the vice
president shall perform the duties of the | 22 | | president if that office is vacant or
the president is absent | 23 | | or unable to act.
The secretary of the board Board shall be | 24 | | selected by the board Board and shall be an
employee of the | 25 | | board Board rather than a member of the board Board , | 26 | | notwithstanding
subsection (d) of Section 34-3.3. The duties of |
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| 1 | | the secretary shall be
imposed by the rules of the board Board .
| 2 | | (b-15) No member shall have, or be an employee or owner of | 3 | | a company that has, a contract with the school district. No | 4 | | former officer, member, or employee of the board shall, within | 5 | | a period of one year immediately after termination of service | 6 | | on the board, knowingly accept employment or receive | 7 | | compensation or fees for services from a person or entity if | 8 | | the officer, member, or employee, during the year immediately | 9 | | preceding termination of service on the board, participated | 10 | | personally and substantially in the award of contracts with the | 11 | | board or the school district, or the issuance of contract | 12 | | change orders with the board or the school district, with a | 13 | | cumulative value of $25,000 or more to the person or entity, or | 14 | | its parent or subsidiary. | 15 | | (c) The board may appoint a student to the board to serve | 16 | | in an advisory capacity. The student member shall serve for a | 17 | | term as determined by the board. The board may not grant the | 18 | | student member any voting privileges, but shall consider the | 19 | | student member as an advisor. The student member may not | 20 | | participate in or attend any executive session of the board.
| 21 | | (Source: P.A. 94-231, eff. 7-14-05.)
| 22 | | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
| 23 | | Sec. 34-4. Eligibility. | 24 | | (a) To be eligible for election appointment to the board, a
| 25 | | person shall be a citizen of the United States, shall be a |
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| 1 | | registered voter
as provided in the Election Code, shall have | 2 | | been a resident of the city and the electoral district for at
| 3 | | least one year 3 years immediately
preceding his or her | 4 | | election appointment , and shall not be a child sex offender
as | 5 | | defined in Section 11-9.3 of the
Criminal Code of 2012. A | 6 | | person is ineligible for election or appointment to the board | 7 | | if that person is an employee of the school district. All | 8 | | persons eligible for election to the board shall be nominated | 9 | | by a petition signed by no less than 250 voters residing within | 10 | | the electoral district on a petition in order to be placed on | 11 | | the ballot, except that persons eligible for election to the | 12 | | board at large shall be nominated by a petition signed by no | 13 | | less than 2,500 voters residing within the city. | 14 | | Permanent removal from the city by any member of
the board | 15 | | during his or her term of office constitutes a resignation | 16 | | therefrom and
creates a vacancy in the board. Board Except for | 17 | | the President of the Chicago
School Reform Board of Trustees | 18 | | who may be paid compensation for his or her
services as chief | 19 | | executive officer as determined by the Mayor as provided in
| 20 | | subsection (a) of Section 34-3, board members shall serve | 21 | | without any
compensation; provided, that board members shall be | 22 | | reimbursed for expenses
incurred while in the performance of | 23 | | their duties upon submission of proper
receipts or upon | 24 | | submission of a signed voucher in the case of an expense
| 25 | | allowance evidencing the amount of such reimbursement or | 26 | | allowance to the
president of the board for verification and |
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| 1 | | approval. Board members The board of
education may continue to | 2 | | provide health care insurance coverage, employer
pension | 3 | | contributions, employee pension contributions, and life | 4 | | insurance
premium payments for an employee required to resign | 5 | | from
an administrative, teaching, or career service position in | 6 | | order to qualify
as a member of the board of education. They | 7 | | shall not hold other public
office under the Federal, State or | 8 | | any local government other than that of
Director of the | 9 | | Regional Transportation Authority, member of the economic
| 10 | | development commission of a city having a population exceeding | 11 | | 500,000,
notary public or member of the National Guard, and by | 12 | | accepting any such
office while members of the board, or by not | 13 | | resigning any such office held
at the time of being elected | 14 | | appointed to the board within 30 days after such election
| 15 | | appointment , shall be deemed to have vacated their membership | 16 | | in the board.
| 17 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 18 | | (105 ILCS 5/34-4.1 new) | 19 | | Sec. 34-4.1. Nomination petitions. In addition to the | 20 | | requirements of the general election law, the form of petitions | 21 | | under Section 34-4 of this Code shall be substantially as | 22 | | follows: | 23 | | NOMINATING PETITIONS | 24 | | (LEAVE OUT THE INAPPLICABLE PART.) | 25 | | To the Board of Election Commissioners for the City of |
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| 1 | | Chicago: | 2 | | We the undersigned, being (.... or more) of the voters | 3 | | residing within said district, hereby petition that .... who | 4 | | resides at .... in the City of Chicago shall be a candidate for | 5 | | the office of .... of the board of education (full term) | 6 | | (vacancy) to be voted for at the election to be held on (insert | 7 | | date). | 8 | | Name: .................. Address: ................... | 9 | | In the designation of the name of a candidate on a petition | 10 | | for nomination, the candidate's given name or names, initial or | 11 | | initials, a nickname by which the candidate is commonly known, | 12 | | or a combination thereof may be used in addition to the | 13 | | candidate's surname. If a candidate has changed his or her | 14 | | name, whether by a statutory or common law procedure in | 15 | | Illinois or any other jurisdiction, within 3 years before the | 16 | | last day for filing the petition, then (i) the candidate's name | 17 | | on the petition must be followed by "formerly known as (list | 18 | | all prior names during the 3-year period) until name changed on | 19 | | (list date of each such name change)" and (ii) the petition | 20 | | must be accompanied by the candidate's affidavit stating the | 21 | | candidate's previous names during the period specified in | 22 | | clause (i) and the date or dates each of those names was | 23 | | changed; failure to meet these requirements shall be grounds | 24 | | for denying certification of the candidate's name for the | 25 | | ballot, but these requirements do not apply to name changes | 26 | | resulting from adoption to assume an adoptive parent's or |
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| 1 | | parents' surname, marriage to assume a spouse's surname, or | 2 | | dissolution of marriage or declaration of invalidity of | 3 | | marriage to assume a former surname. No other designation, such | 4 | | as a political slogan, as defined by Section 7-17 of the | 5 | | Election Code, title or degree, or nickname suggesting or | 6 | | implying possession of a title, degree or professional status, | 7 | | or similar information may be used in connection with the | 8 | | candidate's surname. | 9 | | All petitions for the nomination of members of a board of | 10 | | education shall be filed with the board of election | 11 | | commissioners of the jurisdiction in which the principal office | 12 | | of the school district is located within the time provided for | 13 | | by the general election law, except that petitions for the | 14 | | nomination of members of the board of education for the March | 15 | | 20, 2018 election shall be prepared and certified on the same | 16 | | schedule as the petition schedule for the candidates for the | 17 | | General Assembly. The board of election commissioners shall | 18 | | receive and file only those petitions that include a statement | 19 | | of candidacy, the required number of voter signatures, the | 20 | | notarized signature of the petition circulator, and a receipt | 21 | | from the County Clerk showing that the candidate has filed a | 22 | | statement of economic interest on or before the last day to | 23 | | file as required by the Illinois Governmental Ethics Act. The | 24 | | board of election commissioners may have petition forms | 25 | | available for issuance to potential candidates and may give | 26 | | notice of the petition filing period by publication in a |
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| 1 | | newspaper of general circulation within the school district not | 2 | | less than 10 days prior to the first day of filing. The board | 3 | | of election commissioners shall make certification to the | 4 | | proper election authorities in accordance with the general | 5 | | election law. | 6 | | The board of election commissioners of the jurisdiction in | 7 | | which the principal office of the school district is located | 8 | | shall notify the candidates for whom a petition for nomination | 9 | | is filed or the appropriate committee of the obligations under | 10 | | the Campaign Financing Act as provided in the general election | 11 | | law. Such notice shall be given on a form prescribed by the | 12 | | State Board of Elections and in accordance with the | 13 | | requirements of the general election law. The board of election | 14 | | commissioners shall within 7 days of filing or on the last day | 15 | | for filing, whichever is earlier, acknowledge to the petitioner | 16 | | in writing the office's acceptance of the petition. | 17 | | A candidate for membership on the board of education who | 18 | | has petitioned for nomination to fill a full term and to fill a | 19 | | vacant term to be voted upon at the same election must withdraw | 20 | | his or her petition for nomination from either the full term or | 21 | | the vacant term by written declaration. | 22 | | Nomination petitions are not valid unless the candidate | 23 | | named therein files with the board of election commissioners a | 24 | | receipt from the county clerk showing that the candidate has | 25 | | filed a statement of economic interests as required by the | 26 | | Illinois Governmental Ethics Act. Such receipt shall be so |
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| 1 | | filed either previously during the calendar year in which his | 2 | | or her nomination papers were filed or within the period for | 3 | | the filing of nomination papers in accordance with the general | 4 | | election law. | 5 | | (105 ILCS 5/34-4.2 new) | 6 | | Sec. 34-4.2. Ballots. The board of election commissioners | 7 | | of the jurisdiction in which the principal office of the school | 8 | | district is located shall conduct a lottery to determine the | 9 | | ballot order of candidates for full terms in the event of any | 10 | | simultaneous petition filings. Such candidate lottery shall be | 11 | | conducted as follows: | 12 | | All petitions filed by persons waiting in line as of 8:00 | 13 | | a.m. on the first day for filing, or as of the normal opening | 14 | | hour of the office involved on such day, shall be deemed | 15 | | simultaneously filed as of 8:00 a.m. or the normal opening | 16 | | hour, as the case may be. Petitions filed by mail and received | 17 | | after midnight of the first day for filing and in the first | 18 | | mail delivery or pickup of that day shall be deemed | 19 | | simultaneously filed as of 8:00 a.m. of that day or as of the | 20 | | normal opening hour of such day, as the case may be. All | 21 | | petitions received thereafter shall be deemed filed in the | 22 | | order of actual receipt. However, 2 or more petitions filed | 23 | | within the last hour of the filing deadline shall be deemed | 24 | | filed simultaneously. | 25 | | Where 2 or more petitions are received simultaneously for |
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| 1 | | the same office as of 8:00 a.m. on the first day for petition | 2 | | filing or as of the normal opening hour of the office of the | 3 | | board of election commissioners with whom such petitions are | 4 | | filed, the board of election commissioners shall break ties and | 5 | | determine the order of filing by means of a lottery or other | 6 | | fair and impartial method of random selection. Such lottery | 7 | | shall be conducted within 9 days following the last day for | 8 | | petition filing and shall be open to the public. Seven days | 9 | | written notice of the time and place of conducting such random | 10 | | selection shall be given by the board of election commissioners | 11 | | to all candidates who filed their petitions simultaneously and | 12 | | to each organization of citizens within the election | 13 | | jurisdiction that was entitled, under the general election law, | 14 | | at the next preceding election, to have poll watchers present | 15 | | on the day of election. The board of election commissioners | 16 | | shall post in a conspicuous, open, and public place, at the | 17 | | entrance of his or her office, notice of the time and place of | 18 | | such lottery. | 19 | | All candidates shall be certified in the order in which | 20 | | their petitions have been filed and in the manner prescribed by | 21 | | Section 10-15 of the Election Code. Where candidates have filed | 22 | | simultaneously, they shall be certified in the order prescribed | 23 | | by this Section and prior to candidates who filed for the same | 24 | | office at a later time. | 25 | | Where elections are conducted for unexpired terms, a second | 26 | | lottery to determine ballot order shall be conducted for |
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| 1 | | candidates who simultaneously file petitions for such | 2 | | unexpired terms. Such lottery shall be conducted in the same | 3 | | manner as prescribed by this Section for full term candidates. | 4 | | Ballots for the election of school officers shall be in the | 5 | | following form: | 6 | | (BALLOT FORMAT | 7 | | Ballot position for candidates shall be determined by the | 8 | | order of petition filing or lottery held pursuant to this | 9 | | Section. | 10 | | The school district is divided into 20 electoral districts, | 11 | | each of which elects one member to the board of education and | 12 | | votes on one member to serve at-large.) | 13 | | OFFICIAL BALLOT | 14 | | DISTRICT ....... (1 through 20) | 15 | | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE | 16 | | A FULL 4-YEAR TERM | 17 | | VOTE FOR ONE | 18 | | ( ) ..................................... | 19 | | ( ) ..................................... | 20 | | ( ) ..................................... | 21 | | OFFICIAL BALLOT | 22 | | AT LARGE | 23 | | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE | 24 | | A FULL 4-YEAR TERM | 25 | | VOTE FOR ONE |
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| 1 | | ( ) ..................................... | 2 | | ( ) ..................................... | 3 | | ( ) ..................................... | 4 | | REVERSE SIDE: | 5 | | OFFICIAL BALLOT | 6 | | DISTRICT ....... (1 through 20) | 7 | | (Precinct name or number) | 8 | | School District No. ......, ........... County, Illinois | 9 | | Election Tuesday (insert date) | 10 | | (facsimile signature of Election Authority) | 11 | | (County)
| 12 | | (105 ILCS 5/34-13.1)
| 13 | | Sec. 34-13.1. Inspector General.
| 14 | | (a) The Inspector General and his office in existence on | 15 | | the effective date
of this amendatory Act of 1995 shall be | 16 | | transferred to the jurisdiction of the
board upon appointment | 17 | | of the Chicago School Reform Board of Trustees. The
Inspector | 18 | | General shall have the authority
to conduct investigations into | 19 | | allegations of or incidents of waste, fraud, and
financial | 20 | | mismanagement in public education within the jurisdiction of | 21 | | the
board by a local school council
member or an
employee, | 22 | | contractor, or member of the board or involving
school projects
| 23 | | managed or handled by the Public Building Commission. The | 24 | | Inspector General
shall make recommendations to the board about | 25 | | the
investigations.
The Inspector General in office on the |
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| 1 | | effective date of this amendatory Act
of 1996 shall serve for a | 2 | | term expiring on June 30, 1998. His or her
successors in office | 3 | | shall each be appointed by the Mayor, without the consent
or | 4 | | approval of the City Council, for 4 year terms expiring on June | 5 | | 30th of an
even numbered year ; however, beginning on March 20, | 6 | | 2018, successors shall be appointed by the board instead of the | 7 | | Mayor .
If the Inspector General leaves office or if a vacancy | 8 | | in that office otherwise occurs, the
Mayor shall appoint, | 9 | | without the consent or
approval of the City Council, a | 10 | | successor to serve under this Section for the
remainder of the | 11 | | unexpired term ; however, beginning on March 20, 2018, | 12 | | successors shall be appointed by the board instead of the | 13 | | Mayor . The
Inspector General shall be independent of the | 14 | | operations of the board and
the School Finance Authority, and | 15 | | shall perform other duties requested by the
board.
| 16 | | (b) The Inspector General shall have access to all
| 17 | | information and personnel necessary to perform the duties of | 18 | | the
office. If the Inspector General determines that a possible
| 19 | | criminal act has been committed or that special expertise is
| 20 | | required in the investigation, he or she shall immediately | 21 | | notify
the Chicago Police Department and the Cook County | 22 | | State's
Attorney. All investigations conducted by the | 23 | | Inspector General
shall be conducted in a manner that ensures | 24 | | the preservation of
evidence for use in criminal prosecutions.
| 25 | | (c) At all times the Inspector General shall be granted
| 26 | | access to any building or facility that is owned, operated, or
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| 1 | | leased by the board, the Public Building Commission, or the
| 2 | | city in trust
and for the use and benefit of the schools of the | 3 | | district.
| 4 | | (d) The Inspector General shall have the power to subpoena
| 5 | | witnesses and compel the production of books and papers | 6 | | pertinent
to an investigation authorized by this Code. Any | 7 | | person who (1)
fails to appear in response to a subpoena; (2) | 8 | | fails to answer
any question; (3) fails to produce any books or | 9 | | papers pertinent
to an investigation under this Code; or (4) | 10 | | knowingly gives
false testimony during an investigation under | 11 | | this Code, is
guilty of a Class A misdemeanor.
| 12 | | (e) The Inspector General shall provide to the board and
| 13 | | the Illinois General Assembly a summary of reports and
| 14 | | investigations made under this Section for the previous fiscal
| 15 | | year no later than January 1 of each year, except that the | 16 | | Inspector General
shall provide the summary of reports and | 17 | | investigations made under this Section
for the period | 18 | | commencing July 1, 1998 and ending April 30, 1999 no later than
| 19 | | May 1, 1999. The summaries shall detail the final disposition | 20 | | of those
recommendations. The summaries shall not contain any | 21 | | confidential or
identifying information concerning the | 22 | | subjects of the reports and
investigations. The summaries shall | 23 | | also include detailed recommended
administrative actions and | 24 | | matters for consideration by the General Assembly.
| 25 | | (f) (Blank).
| 26 | | (g) (Blank).
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| 1 | | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
| 2 | | (105 ILCS 5/34-21.9 new) | 3 | | Sec. 34-21.9. Creation of electoral districts; | 4 | | reapportionment of districts. | 5 | | (a) For purposes of elections conducted pursuant to | 6 | | subsection (b-5) of Section 34-3 of this Code, the City of | 7 | | Chicago shall be subdivided into 20 electoral districts after | 8 | | the effective date of this amendatory Act of the 99th General | 9 | | Assembly by the General Assembly for seats on the Chicago Board | 10 | | of Education. The electoral districts must be drawn on or | 11 | | before January 1, 2017. Each district must be compact, | 12 | | contiguous, and substantially equal in population. | 13 | | (b) In the year following each decennial census, the | 14 | | General Assembly shall redistrict the electoral districts to | 15 | | reflect the results of the decennial census consistent with the | 16 | | requirements in subsection (a) of this Section. The | 17 | | reapportionment plan shall be completed and formally approved | 18 | | by the General Assembly not less than 90 days before the last | 19 | | date established by law for the filing of nominating petitions | 20 | | for the second school board election after the decennial census | 21 | | year. If by reapportionment a board member no longer resides | 22 | | within the electoral district from which the member was | 23 | | elected, the member shall continue to serve in office until the | 24 | | expiration of the member's regular term. All new members shall | 25 | | be elected from the electoral districts as reapportioned.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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