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


Rep. Robert Martwick

Filed: 4/14/2016





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2    AMENDMENT NO. ______. Amend House Bill 4312 by replacing
3everything after the enacting clause with the following:
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;



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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 the 2018 primary election, the members of the
3    Board of Trustees of the City Colleges of Chicago, Illinois
4    Community College District No. 508, shall be elected to
5    serve a term of 5 years; successors shall be elected at the
6    consolidated election under subsection (c) of this Section
7    to a term of 4 years as provided under Section 2A-48 of
8    this Code. The election of members of the Board of Trustees
9    of the City Colleges of Chicago held in 2018 shall be a
10    nonpartisan election as provided for under this Code and
11    conducted on a nonpartisan ballot.
12    (c) At the consolidated election in the appropriate
13odd-numbered years, the following offices shall be filled:
14        (1) Municipal officers, provided that in
15    municipalities in which candidates for alderman or other
16    municipal office are not permitted by law to be candidates
17    of political parties, the runoff election where required by
18    law, or the nonpartisan election where required by law,
19    shall be held on the date of the consolidated election; and
20    provided further, in the case of municipal officers
21    provided for by an ordinance providing the form of
22    government of the municipality pursuant to Section 7 of
23    Article VII of the Constitution, such offices shall be
24    filled by election or by runoff election as may be provided
25    by such ordinance;
26        (2) Village and incorporated town library directors;



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1        (3) City boards of stadium commissioners;
2        (4) Commissioners of park districts;
3        (5) Trustees of public library districts;
4        (6) Special District elected officers, not otherwise
5    designated in this section, where the statute creating or
6    authorizing the creation of the district permits or
7    requires election of candidates of political parties;
8        (7) Township officers, including township park
9    commissioners, township library directors, and boards of
10    managers of community buildings, and Multi-Township
11    Assessors;
12        (8) Highway commissioners and road district clerks;
13        (9) Members of school boards in school districts which
14    adopt Article 33 of the School Code;
15        (10) The directors and chairman of the Chain O Lakes -
16    Fox River Waterway Management Agency;
17        (11) Forest preserve district commissioners elected
18    under Section 3.5 of the Downstate Forest Preserve District
19    Act;
20        (12) Elected members of school boards, school
21    trustees, directors of boards of school directors,
22    trustees of county boards of school trustees (except in
23    counties or educational service regions having a
24    population of 2,000,000 or more inhabitants) and members of
25    boards of school inspectors, except school boards in school
26    districts that adopt Article 33 of the School Code;



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



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1nonpartisan election in municipalities in which pursuant to law
2candidates for such office are not permitted to be candidates
3of political parties.
4    At the consolidated primary election in the appropriate
5odd-numbered years, municipal officers shall be nominated or
6elected, or elected subject to a runoff, as may be provided by
7an ordinance providing a form of government of the municipality
8pursuant to Section 7 of Article VII of the Constitution.
9    (e) (Blank).
10    (f) At any election established in Section 2A-1.1, public
11questions may be submitted to voters pursuant to this Code and
12any special election otherwise required or authorized by law or
13by court order may be conducted pursuant to this Code.
14    Notwithstanding the regular dates for election of officers
15established in this Article, whenever a referendum is held for
16the establishment of a political subdivision whose officers are
17to be elected, the initial officers shall be elected at the
18election at which such referendum is held if otherwise so
19provided by law. In such cases, the election of the initial
20officers shall be subject to the referendum.
21    Notwithstanding the regular dates for election of
22officials established in this Article, any community college
23district which becomes effective by operation of law pursuant
24to Section 6-6.1 of the Public Community College Act, as now or
25hereafter amended, shall elect the initial district board
26members at the next regularly scheduled election following the



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1effective date of the new district.
2    (g) At any election established in Section 2A-1.1, if in
3any precinct there are no offices or public questions required
4to be on the ballot under this Code then no election shall be
5held in the precinct on that date.
6    (h) There may be conducted a referendum in accordance with
7the provisions of Division 6-4 of the Counties Code.
8(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
9eff. 8-9-96; 90-358, eff. 1-1-98.)
10    (10 ILCS 5/2A-52)  (from Ch. 46, par. 2A-52)
11    Sec. 2A-52. Community College District - Member - Time of
12Election. A member of the Board of a Community College District
13shall be elected at each consolidated election to succeed each
14elected incumbent member of the Board whose term expires before
15the following consolidated election. However, a member of the
16Board of Trustees of the City Colleges of Chicago, Illinois
17Community College District No. 508, shall be elected at each
18consolidated election beginning with the April 2023 election to
19succeed each incumbent member whose term ends before the
20following consolidated election.
21(Source: P.A. 90-358, eff. 1-1-98.)
22    Section 10. The Public Community College Act is amended by
23changing Sections 7-1, 7-2, and 7-3 and by adding Sections
247-2.1, 7-2.2, and 7-2.3 as follows:



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1    (110 ILCS 805/7-1)  (from Ch. 122, par. 107-1)
2    Sec. 7-1. This Article applies only to community college
3districts in cities having a population of 500,000 or more
4inhabitants. Each such community college district shall
5maintain a system of community colleges under the charge of a
6board, which is appointed as provided in Section 7-2. Except as
7otherwise provided in this Article, such a community college
8district and its board have all the rights, duties, powers and
9responsibilities and are subject to the same limitations as are
10provided for other community college districts in this Act, as
11now or hereafter amended.
12(Source: P.A. 78-669.)
13    (110 ILCS 805/7-2)  (from Ch. 122, par. 107-2)
14    Sec. 7-2. (a) This subsection (a) applies until March 20,
152018. The board shall consist of 7 members, appointed by the
16mayor with the approval of the city council. Prior to the
17expiration of the term of any member his successor shall be
18appointed in like manner and shall hold office for a term of 3
19years from July 1 of the year in which he is appointed and
20until his successor is appointed and qualified. Any vacancy in
21the membership of the board shall be filled through appointment
22by the mayor, with the approval of the city council, for the
23unexpired term. If any appointee fails to qualify within 30
24days after his appointment, the office shall be filled by a new



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1appointment for the unexpired term. To be eligible for
2appointment to a board under this Section, a person must
3possess the same qualifications and meet the same requirements
4as are prescribed by this Act for members of an elected board
5of a community college district.
6    (b) On March 21, 2018, notwithstanding the provisions of
7Section 3-7 of this Act, the terms of all members of the board
8appointed under subsection (a) of this Section are abolished
9when the new board, consisting of 21 members, is elected by the
10electors of the community college district as provided in this
11subsection (b) and takes office.
12    Each member shall be elected for a term of 4 years,
13commencing on the second Tuesday in May of the year in which
14the member is elected, and until the member's successor is
15elected and has qualified, except that members of the board
16elected to terms commencing on March 21, 2018 shall commence to
17serve for terms of 5 years and until the member's successor is
18elected and has qualified. For purposes of elections conducted
19pursuant to this subsection (b), the City of Chicago shall be
20subdivided into 20 trustee districts by the General Assembly
21for seats on the board, as provided under Section 7-2.3 of this
22Act. Each district shall be represented by a member, and one
23member shall be elected at large and serve as the president of
24the board. To be eligible for election or appointment to a
25board under this Section, a person must possess the same
26qualifications and meet the same requirements as are prescribed



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1by this Act for members of an elected board of a community
2college district. A person is ineligible for election or
3appointment to a board under this Section if that person is an
4employee of a community college district within the city.
5    (c) No member shall have or be an employee or owner of a
6company that has a contract with a community college within the
7city. No former officer, member, or employee of the board
8shall, within a period of one year immediately after
9termination of service on the board, knowingly accept
10employment or receive compensation or fees for services from a
11person or entity if the officer, member, or employee, during
12the year immediately preceding termination of service on the
13board, participated personally and substantially in the award
14of contracts with the board, community college district, or
15community colleges within the city, or the issuance of contract
16change orders with the board or the community college district,
17or community college within the city, with a cumulative value
18of $25,000 or more to the person, the entity, or the entity's
19parent or subsidiary.
20    (d) Whenever a vacancy occurs, the remaining members shall
21fill the vacancy, and the person so appointed shall serve until
22a successor is elected at the next regular election for board
23members and is certified in accordance with Sections 22-17 and
2422-18 of the Election Code. If the remaining members fail to
25fill the vacancy within 60 days after the vacancy occurs, the
26chairman of the State Board shall fill that vacancy, and the



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1person so appointed shall serve until a successor is elected at
2the next regular election for board members and is certified in
3accordance with Sections 22-17 and 22-18 of the Election Code.
4The person appointed to fill a vacancy shall have the same
5residential qualifications as his or her predecessor in office
6was required to have. However, in either instance, if the
7vacancy occurs with more than 28 months remaining until the
8term expires, the appointed member shall serve only until a
9successor is elected and qualified at the next scheduled
11(Source: P.A. 78-669.)
12    (110 ILCS 805/7-2.1 new)
13    Sec. 7-2.1. Nomination petitions. Notwithstanding Section
143-7.10 of this Act, in addition to the requirements of the
15general election law, the form of petitions under this Section
16shall be substantially as follows:
19    To the Board of Election Commissioners for the City of
21    We the undersigned, being (.... or more) of the voters
22residing within said district, hereby petition that .... who
23resides at .... in the City of Chicago shall be a candidate for
24the office of .... of the Board of Trustees of the City
25Colleges of Chicago, Illinois Community College District No.



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1508, (full term) (vacancy) to be voted for at the election to
2be held on (insert date).
3    Name: .................. Address: ...................
4    In the designation of the name of a candidate on a petition
5for nomination, the candidate's given name or names, initial or
6initials, a nickname by which the candidate is commonly known,
7or a combination thereof may be used in addition to the
8candidate's surname. If a candidate has changed his or her
9name, whether by a statutory or common law procedure in
10Illinois or any other jurisdiction, within 3 years before the
11last day for filing the petition, then (i) the candidate's name
12on the petition must be followed by "formerly known as (list
13all prior names during the 3-year period) until name changed on
14(list date of each such name change)" and (ii) the petition
15must be accompanied by the candidate's affidavit stating the
16candidate's previous names during the period specified in
17clause (i) and the date or dates each of those names was
18changed; failure to meet these requirements shall be grounds
19for denying certification of the candidate's name for the
20ballot, but these requirements do not apply to name changes
21resulting from adoption to assume an adoptive parent's or
22parents' surname, marriage to assume a spouse's surname, or
23dissolution of marriage or declaration of invalidity of
24marriage to assume a former surname. No other designation, such
25as a political slogan, as defined by Section 7-17 of the
26Election Code, title or degree, or nickname suggesting or



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



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1which the principal office of the community college district is
2located shall notify the candidates for whom a petition for
3nomination is filed or the appropriate committee of the
4obligations under the Campaign Financing Act as provided in the
5general election law. Such notice shall be given on a form
6prescribed by the State Board of Elections and in accordance
7with the requirements of the general election law. The board of
8election commissioners shall within 7 days of filing or on the
9last day for filing, whichever is earlier, acknowledge to the
10petitioner in writing the office's acceptance of the petition.
11    A candidate for membership on the board who has petitioned
12for nomination to fill a full term and to fill a vacant term to
13be voted upon at the same election must withdraw his or her
14petition for nomination from either the full term or the vacant
15term by written declaration.
16    Nomination petitions are not valid unless the candidate
17named therein files with the board of election commissioners a
18receipt from the county clerk showing that the candidate has
19filed a statement of economic interests as required by the
20Illinois Governmental Ethics Act. Such receipt shall be so
21filed either previously during the calendar year in which his
22or her nomination papers were filed or within the period for
23the filing of nomination papers in accordance with the general
24election law.
25    (110 ILCS 805/7-2.2 new)



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1    Sec. 7-2.2. Ballots. The board of election commissioners of
2the jurisdiction in which the principal office of the community
3college district is located shall conduct a lottery to
4determine the ballot order of candidates for full terms in the
5event of any simultaneous petition filings. Such candidate
6lottery shall be conducted as follows:
7    All petitions filed by persons waiting in line as of 8:00
8a.m. on the first day for filing, or as of the normal opening
9hour of the office involved on such day, shall be deemed
10simultaneously filed as of 8:00 a.m. or the normal opening
11hour, as the case may be. Petitions filed by mail and received
12after midnight of the first day for filing and in the first
13mail delivery or pickup of that day shall be deemed
14simultaneously filed as of 8:00 a.m. of that day or as of the
15normal opening hour of such day, as the case may be. All
16petitions received thereafter shall be deemed filed in the
17order of actual receipt. However, 2 or more petitions filed
18within the last hour of the filing deadline shall be deemed
19filed simultaneously.
20    Where 2 or more petitions are received simultaneously for
21the same office as of 8:00 a.m. on the first day for petition
22filing or as of the normal opening hour of the office of the
23board of election commissioners with whom such petitions are
24filed, the board of election commissioners shall break ties and
25determine the order of filing by means of a lottery or other
26fair and impartial method of random selection. Such lottery



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1shall be conducted within 9 days following the last day for
2petition filing and shall be open to the public. Seven days
3written notice of the time and place of conducting such random
4selection shall be given by the board of election commissioners
5to all candidates who filed their petitions simultaneously and
6to each organization of citizens within the election
7jurisdiction that was entitled, under the general election law,
8at the next preceding election, to have poll watchers present
9on the day of election. The board of election commissioners
10shall post in a conspicuous, open, and public place, at the
11entrance of his or her office, notice of the time and place of
12such lottery.
13    All candidates shall be certified in the order in which
14their petitions have been filed and in the manner prescribed by
15Section 10-15 of the Election Code. Where candidates have filed
16simultaneously, they shall be certified in the order prescribed
17by this Section and prior to candidates who filed for the same
18office at a later time.
19    Where elections are conducted for unexpired terms, a second
20lottery to determine ballot order shall be conducted for
21candidates who simultaneously file petitions for such
22unexpired terms. Such lottery shall be conducted in the same
23manner as prescribed by this Section for full term candidates.
24    Ballots for the election of board members shall be in the
25following form:



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2    Ballot position for candidates shall be determined by the
3order of petition filing or lottery held pursuant to this
5    The community college district is divided into 20 trustee
6districts, each of which elects one member to the board and
7votes on one member to serve at-large.)
DISTRICT ....... (1 through 20)
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................



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

9    (110 ILCS 805/7-2.3 new)
10    Sec. 7-2.3. Creation of trustee districts; reapportionment
11of districts.
12    (a) For purposes of elections conducted pursuant to
13subsection (b) of Section 7-2 of this Act, the City of Chicago
14shall be subdivided into 20 trustee districts after the
15effective date of this amendatory Act of the 99th General
16Assembly by the General Assembly for seats on the board. The
17trustee districts must be drawn on or before January 1, 2017.
18Each trustee district must be compact, contiguous, and
19substantially equal in population.
20    (b) In the year following each decennial census, the
21General Assembly shall redistrict the trustee districts to
22reflect the results of the decennial census consistent with the
23requirements in subsection (a) of this Section. The
24reapportionment plan shall be completed and formally approved
25by the General Assembly not less than 90 days before the last



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1date established by law for the filing of nominating petitions
2for the second board election after the decennial census year.
3If by reapportionment a board member no longer resides within
4the trustee district from which the member was elected, the
5member shall continue to serve in office until the expiration
6of the member's regular term. All new members shall be elected
7from the trustee districts as reapportioned.
8    (110 ILCS 805/7-3)  (from Ch. 122, par. 107-3)
9    Sec. 7-3. The organization of the board and election of
10officers for the a board appointed under Section 7-2 shall be
11conducted in accordance with the general election law and this
13(Source: P.A. 81-1489.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".