Full Text of HB3302 99th General Assembly
HB3302ham001 99TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3302
| 2 | | AMENDMENT NO. ______. Amend House Bill 3302 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Section 10-6 as follows:
| 6 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 7 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 8 | | nomination and nomination papers for the nomination of | 9 | | candidates for
offices to be filled by electors of the entire | 10 | | State, or any district
not entirely within a county, or for | 11 | | congressional, state legislative or
judicial offices, shall be | 12 | | presented to the principal office of the
State Board of | 13 | | Elections not more than 141 nor less than 134
days previous
to | 14 | | the day of election for which the candidates are nominated. The
| 15 | | State Board of Elections shall endorse the certificates of | 16 | | nomination or
nomination papers, as the case may be, and the |
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| 1 | | date and hour of
presentment to it. Except as otherwise | 2 | | provided in this section, all
other certificates for the | 3 | | nomination of candidates shall be filed with
the county clerk | 4 | | of the respective counties not more than 141 but at
least 134 | 5 | | days previous to the day of such election. Certificates of | 6 | | nomination and nomination papers for the nomination of | 7 | | candidates for school district offices to be filled at | 8 | | consolidated elections shall be filed with the county clerk or | 9 | | county board of election commissioners of the county election | 10 | | authority in which the principal office of the school district | 11 | | is located not more than 113 nor less than 106 days before the | 12 | | consolidated election. Certificates
of
nomination and | 13 | | nomination papers for the nomination of candidates for
the | 14 | | other offices of political subdivisions to be filled at regular | 15 | | elections
other than the general election shall be filed with | 16 | | the local election
official of such 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.
| 10 | | However, where a political subdivision's boundaries are | 11 | | co-extensive
with or are entirely within the jurisdiction of a | 12 | | municipal board of
election commissioners, the certificates of | 13 | | nomination and nomination
papers for candidates for such | 14 | | political subdivision offices shall be filed
in the office of | 15 | | such Board.
| 16 | | (Source: P.A. 98-691, eff. 7-1-14.)
| 17 | | Section 10. The School Code is amended by changing Sections | 18 | | 9-10 and 10-10 as follows:
| 19 | | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
| 20 | | Sec. 9-10. Candidates for office - Nominating petitions. | 21 | | Candidates for
the office of school director shall be nominated | 22 | | by petition signed by at
least 25 voters or 5% of the voters, | 23 | | whichever is less, residing within
the district and filed with | 24 | | the county clerk or the county board of election commissioners, |
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| 1 | | as the case may be, of the county in which the principal office | 2 | | of the school district is located.
| 3 | | Nominations for members of boards of education, including | 4 | | non-high school
boards of education shall be made by a petition | 5 | | signed by at least 50 voters
or 10% of the voters, whichever is | 6 | | less, residing within the district and
shall be filed with the | 7 | | county clerk or the county board of election commissioners, as | 8 | | the case may be, of the county in which the principal office of | 9 | | the school district is located. In addition
to the requirements | 10 | | of the general election law, the form of such petitions
shall | 11 | | be substantially as follows:
| 12 | | NOMINATING PETITIONS
| 13 | | (LEAVE OUT THE INAPPLICABLE PART.)
| 14 | | To the (County Clerk or County Board of Election | 15 | | Commissioners) .... of .... County:
| 16 | | We the undersigned, being (.... or more) (or 10% or more) | 17 | | (or 5% or more)
of the voters residing within said district, | 18 | | hereby petition that .... who
resides at .... in the (city or | 19 | | village) of .... in Township .... (or who
resides outside any | 20 | | city, village or incorporated town and in Township ....) in
| 21 | | said district shall be a candidate for the office of .... of | 22 | | the board of
education (or board of directors) (full term) | 23 | | (vacancy) to be voted for at the
election to be held on (insert | 24 | | date).
| 25 | | Name: .................. Address: ...................
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| 1 | | In the designation of the name of a candidate on a petition | 2 | | for
nomination, the candidate's given name or names, initial or | 3 | | initials, a nickname by which the candidate is commonly known, | 4 | | or a combination thereof may be used in addition to the | 5 | | candidate's surname. If a candidate has changed his or her | 6 | | name, whether by a statutory or common law procedure in | 7 | | Illinois or any other jurisdiction, within 3 years before the | 8 | | last day for filing the petition, then (i) the candidate's name | 9 | | on the petition must be followed by "formerly known as (list | 10 | | all prior names during the 3-year period) until name changed on | 11 | | (list date of each such name change)" and (ii) the petition | 12 | | must be accompanied by the candidate's affidavit stating the | 13 | | candidate's previous names during the period specified in | 14 | | clause (i) and the date or dates each of those names was | 15 | | changed; failure to meet these requirements shall be grounds | 16 | | for denying certification of the candidate's name for the | 17 | | ballot, but these requirements do not apply to name changes | 18 | | resulting from adoption to assume an adoptive parent's or | 19 | | parents' surname, marriage to assume a spouse's surname, or | 20 | | dissolution of marriage or declaration of invalidity of | 21 | | marriage to assume a former surname. No other designation, such | 22 | | as a political slogan, as defined by Section 7-17 of the | 23 | | Election Code, title or degree, or nickname suggesting or | 24 | | implying possession of a title, degree or professional status, | 25 | | or similar information may be used in connection with the | 26 | | candidate's surname.
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| 1 | | Nomination papers filed under this Section are not valid | 2 | | unless the candidate
named therein files with the county clerk | 3 | | or the county board of election commissioners, as the case may | 4 | | be, of the county in which the principal office of the school | 5 | | district is located a receipt
from the county clerk showing | 6 | | that the candidate has filed a statement of
economic interests | 7 | | as required by the Illinois Governmental Ethics Act.
Such | 8 | | receipt shall be so filed either previously during the calendar | 9 | | year
in which his nomination papers were filed or within the | 10 | | period for the filing
of nomination papers in accordance with | 11 | | the general election law.
| 12 | | All petitions for the nomination of members of a board of | 13 | | education shall
be filed with the county clerk or the county | 14 | | board of election commissioners, as the case may be, of the | 15 | | county in which the principal office of the school district is | 16 | | located within the time provided for
by the general election | 17 | | law. The county clerk or the county board of election | 18 | | commissioners shall receive and file only
those petitions which | 19 | | include a statement of candidacy, the required number
of voter | 20 | | signatures, the notarized signature of the petition circulator
| 21 | | and a receipt from the County Clerk showing that the candidate | 22 | | has filed
a statement of economic interest on or before the | 23 | | last day to file as required
by the Illinois Governmental | 24 | | Ethics Act. The county clerk or the county board of election | 25 | | commissioners may have petition
forms available
for issuance to | 26 | | potential candidates, and may give notice of the petition
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| 1 | | filing period by publication in a newspaper of general | 2 | | circulation within
the school district not less than 10 days | 3 | | prior to the first day of filing.
The county clerk or the | 4 | | county board of election commissioners shall make | 5 | | certification to the proper election authorities
in accordance | 6 | | with the general election law.
| 7 | | The county clerk or the county board of election | 8 | | commissioners, as the case may be, of the county in which the | 9 | | principal office of the school district is located shall notify | 10 | | the candidates
for whom a petition for nomination is filed or | 11 | | the appropriate committee
of the obligations under the Campaign | 12 | | Financing Act as provided in the general
election law. Such | 13 | | notice
shall be given on a form prescribed by the State Board | 14 | | of Elections and
in accordance with the requirements of the | 15 | | general election law. The county clerk or county board of | 16 | | election commissioners
shall within 7 days of filing or on the | 17 | | last day for filing, whichever is
earlier, acknowledge to the | 18 | | petitioner in writing the office's acceptance of the
petition.
| 19 | | A candidate for membership on the board of education or for | 20 | | office as a
school director, who has petitioned for nomination | 21 | | to fill a full term and
to fill a vacant term to be voted upon | 22 | | at the same election, must withdraw
his or her petition for | 23 | | nomination from either the full term or the vacant
term by | 24 | | written declaration.
| 25 | | In all newly organized districts the petition for the | 26 | | nomination of
candidates
for members of the board of education |
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| 1 | | at the first election shall be addressed
to and filed with the | 2 | | regional superintendent of schools in the manner herein
| 3 | | specified for the petitions for
members of a board of | 4 | | education. For such election the regional superintendent
shall | 5 | | fulfill all duties otherwise assigned to the secretary of the | 6 | | board
of education.
| 7 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 8 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| 9 | | Sec. 10-10. Board of education; term; vacancy. All school | 10 | | districts
having a population of not fewer than 1,000 and not | 11 | | more than 500,000
inhabitants, as ascertained by any special or | 12 | | general census, and not
governed by special Acts, shall be | 13 | | governed by a board of education
consisting of 7 members, | 14 | | serving without compensation except as herein
provided. Each | 15 | | member shall be elected for a term of 4 years for the initial | 16 | | members
of the board of education of a combined school district | 17 | | to which that
subsection applies. If 5 members are elected in | 18 | | 1983 pursuant to the extension
of terms provided by
law for | 19 | | transition to the consolidated election schedule under the | 20 | | general
election law, 2 of those members shall be elected to | 21 | | serve terms of 2 years
and 3 shall be elected to serve terms of | 22 | | 4 years; their successors shall
serve for a 4 year term. When | 23 | | the voters of a district have voted to elect
members of the | 24 | | board of education for 6 year terms, as provided in Section
| 25 | | 9-5, the terms of office of members of the board of education |
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| 1 | | of that
district expire when their successors assume office but | 2 | | not later than 7
days after such election. If at the regular | 3 | | school election held in the
first odd-numbered year after the | 4 | | determination to elect members for 6 year
terms 2 members are | 5 | | elected, they shall serve for a 6 year term; and of the
members | 6 | | elected at the next regular school election 3 shall serve for a
| 7 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter | 8 | | members
elected in such districts shall be elected to a 6 year | 9 | | term. If at the
regular school election held in the first | 10 | | odd-numbered year after the
determination to elect members for | 11 | | 6 year terms 3 members are elected, they
shall serve for a 6 | 12 | | year term; and of the members elected at the next
regular | 13 | | school election 2 shall serve for a term of 2 years and 2 shall
| 14 | | serve for a term of 6 years. Thereafter members elected in such | 15 | | districts
shall be elected to a 6 year term. If at the regular | 16 | | school election held
in the first odd-numbered year after the | 17 | | determination to elect members for
6 year terms 4 members are | 18 | | elected, 3 shall serve for a term of 6 years and
one shall | 19 | | serve for a term of 2 years; and of the members elected at the
| 20 | | next regular school election 2 shall serve for terms of 6 years | 21 | | and 2 shall
serve for terms of 2 years. Thereafter members | 22 | | elected in such districts
shall be elected to a 6 year term. If | 23 | | at the regular school election held
in the first odd-numbered | 24 | | year after the determination to elect members for
a 6 year term | 25 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 26 | | shall serve for a term of 2 years; and of the members elected |
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| 1 | | at the
next regular school election 2 shall serve for terms of | 2 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter | 3 | | members elected in such districts
shall be elected to a 6 year | 4 | | term. An election for board members shall not
be held in school | 5 | | districts which by consolidation, annexation or otherwise
| 6 | | shall cease to exist as a school district within 6 months after | 7 | | the
election date, and the term of all board members which | 8 | | would otherwise
terminate shall be continued until such | 9 | | district shall cease to exist. Each
member, on the date of his | 10 | | or her election, shall be a
citizen of the United
States of the | 11 | | age of 18 years or over, shall be a resident of the State and
| 12 | | the
territory of the district for at least one year immediately | 13 | | preceding his or
her
election, shall be a registered voter as | 14 | | provided in the general election
law,
shall not be a school | 15 | | trustee, must not have been removed from a school board | 16 | | pursuant to Section 2-3.25f-5 of this Code (unless subsequently | 17 | | appointed as a member of an Independent Authority or if it has | 18 | | been 10 years since the abolition of the Independent Authority | 19 | | in the district), and shall not be a child
sex offender as | 20 | | defined in Section 11-9.3 of the
Criminal Code of 2012. When | 21 | | the board of
education is the successor of the school | 22 | | directors, all rights of property,
and all rights regarding | 23 | | causes of action existing or vested in such
directors, shall | 24 | | vest in it as fully as they were vested in the school
| 25 | | directors. Terms of members are subject to Section 2A-54 of the | 26 | | Election Code.
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| 1 | | Nomination papers filed under this Section are not valid | 2 | | unless the candidate
named therein files with the county clerk | 3 | | or the county board of election commissioners, as the case may | 4 | | be, of the county in which the principal office of the school | 5 | | district is located a receipt
from the county clerk showing | 6 | | that the candidate has filed a statement of
economic interests | 7 | | as required by the Illinois Governmental Ethics Act.
Such | 8 | | receipt shall be so filed either previously during the calendar | 9 | | year
in which his nomination papers were filed or within the | 10 | | period for the filing
of nomination papers in accordance with | 11 | | the general election law.
| 12 | | Whenever a vacancy occurs, the remaining members shall | 13 | | notify the
regional superintendent of that vacancy within 5 | 14 | | days after its occurrence
and shall proceed to fill the vacancy | 15 | | until the next regular school
election, at which election a | 16 | | successor shall be elected to serve the
remainder of the | 17 | | unexpired term. However, for school boards for which members | 18 | | are elected for 4-year terms, if the vacancy occurs after the | 19 | | beginning of the period for circulating nomination petitions to | 20 | | be placed on the ballot for the next consolidated election, the | 21 | | person so appointed shall serve the remainder of the unexpired | 22 | | term and no election to fill the vacancy shall be held.
For | 23 | | school boards for which members are elected for 6-year terms, | 24 | | a) if the vacancy occurs after the beginning of the period for | 25 | | circulating nomination petitions to be placed on the ballot for | 26 | | the second consolidated election following the election at |
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| 1 | | which the member who vacated the position was elected, the | 2 | | person so appointed shall serve the remainder of the unexpired | 3 | | term and no election to fill the vacancy shall be held; b) if | 4 | | the vacancy occurs after the beginning of the period for | 5 | | circulating nomination petitions to be placed on the ballot for | 6 | | the first consolidated election following the election at which | 7 | | the member who vacated the election was elected, the person so | 8 | | appointed shall serve until the next consolidated election, at | 9 | | which a successor shall be elected to serve the remainder of | 10 | | the unexpired term; or c) if the vacancy occurs at any other | 11 | | time, the person so appointed shall serve until the next | 12 | | consolidated election, at which a successor shall be elected to | 13 | | serve the remainder of the unexpired term. if the vacancy | 14 | | occurs with less
than 868 days remaining in the term, or if the | 15 | | vacancy occurs
less than 88
days before the next regularly | 16 | | scheduled election for this office then the
person so appointed | 17 | | shall serve the remainder of the unexpired term, and no
| 18 | | election to fill the vacancy shall be held. Should they fail so | 19 | | to
act, within 60 45 days after the vacancy occurs, the | 20 | | regional superintendent
of schools under whose supervision and | 21 | | control the district is operating,
as defined in Section 3-14.2 | 22 | | of this Act, shall within 30 days after the
remaining members | 23 | | have failed to fill the vacancy, fill the vacancy as
provided | 24 | | for herein. Upon the regional superintendent's failure to fill | 25 | | the
vacancy, the vacancy shall be filled at the next regularly | 26 | | scheduled
election. Whether elected or appointed by the |
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| 1 | | remaining members or regional
superintendent, the successor | 2 | | shall be an inhabitant of the particular area
from which his or | 3 | | her predecessor was elected if the residential requirements
| 4 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 5 | | A board of education may appoint a student to the board to | 6 | | serve in an advisory capacity. The student member shall serve | 7 | | for a term as determined by the board. The board may not grant | 8 | | the student member any voting privileges, but shall consider | 9 | | the student member as an advisor. The student member may not | 10 | | participate in or attend any executive session of the board.
| 11 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13; | 12 | | 98-1155, eff. 1-9-15.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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