Full Text of HB2908 102nd General Assembly
HB2908eng 102ND 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 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 | | elections - offices 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;
| 17 | | (4) State Senator and State Representative;
| 18 | | (5) County elected officers, including State's | 19 | | Attorney, County Board
member, County Commissioners, and | 20 | | elected President of the County Board or
County Chief | 21 | | Executive;
| 22 | | (6) Circuit Court Clerk;
| 23 | | (7) Regional Superintendent of Schools, except in |
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| 1 | | counties or
educational service regions in which that | 2 | | office has been abolished;
| 3 | | (8) Judges of the Supreme, Appellate and Circuit | 4 | | Courts, on the question
of retention, to fill vacancies | 5 | | and newly created judicial offices;
| 6 | | (9) (Blank);
| 7 | | (10) Trustee of the Metropolitan Water Reclamation | 8 | | Sanitary District of Greater Chicago, and elected
Trustee | 9 | | of other Sanitary Districts;
| 10 | | (11) Special District elected officers, not otherwise | 11 | | designated in this
Section, where the statute creating or | 12 | | authorizing the creation of
the district requires an | 13 | | annual election and permits or requires election
of | 14 | | candidates of political parties.
| 15 | | (b) At the general primary election:
| 16 | | (1) in each even-numbered year candidates of political | 17 | | parties shall be
nominated for those offices to be filled | 18 | | at the general election in that
year, except where | 19 | | pursuant to law nomination of candidates of political
| 20 | | parties is made by caucus.
| 21 | | (2) in the appropriate even-numbered years the | 22 | | political party offices of
State central committeeperson, | 23 | | township committeeperson, ward committeeperson, and
| 24 | | precinct committeeperson shall be filled and delegates and | 25 | | alternate delegates
to the National nominating conventions | 26 | | shall be elected as may be required
pursuant to this Code. |
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| 1 | | In the even-numbered years in which a Presidential
| 2 | | election is to be held, candidates in the Presidential | 3 | | preference primary
shall also be on the ballot.
| 4 | | (3) in each even-numbered year, where the municipality | 5 | | has provided for
annual elections to elect municipal | 6 | | officers pursuant to Section 6(f) or
Section 7 of Article | 7 | | VII of the Constitution, pursuant to the Illinois
| 8 | | Municipal Code or pursuant to the municipal charter, the | 9 | | offices of such
municipal officers shall be filled at an | 10 | | election held on the date of the
general primary election, | 11 | | provided that the municipal election shall be a
| 12 | | nonpartisan election where required by the Illinois | 13 | | Municipal Code. For
partisan municipal elections in | 14 | | even-numbered years, a primary to nominate
candidates for | 15 | | municipal office to be elected at the general primary
| 16 | | election shall be held on the Tuesday 6 weeks preceding | 17 | | that election.
| 18 | | (4) in each school district which has adopted the | 19 | | provisions of
Article 33 of the School Code, successors to | 20 | | the members of the board
of education whose terms expire | 21 | | in the year in which the general primary is
held shall be | 22 | | elected.
| 23 | | (c) At the consolidated election in the appropriate | 24 | | odd-numbered years,
the following offices shall be filled:
| 25 | | (1) Municipal officers, provided that in | 26 | | municipalities in which
candidates for alderman or other |
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| 1 | | municipal office are not permitted by law
to be candidates | 2 | | of political parties, the runoff election where required
| 3 | | by law, or the nonpartisan election where required by law, | 4 | | shall be held on
the date of the consolidated election; | 5 | | and provided further, in the case of
municipal officers | 6 | | provided for by an ordinance providing the form of
| 7 | | government of the municipality pursuant to Section 7 of | 8 | | Article VII of the
Constitution, such offices shall be | 9 | | filled by election or by runoff
election as may be | 10 | | provided by such ordinance;
| 11 | | (2) Village and incorporated town library directors;
| 12 | | (3) City boards of stadium commissioners;
| 13 | | (4) Commissioners of park districts;
| 14 | | (5) Trustees of public library districts;
| 15 | | (6) Special District elected officers, not otherwise | 16 | | designated in this
Section, where the statute creating or | 17 | | authorizing the creation of the district
permits or | 18 | | requires election of candidates of political parties;
| 19 | | (7) Township officers, including township park | 20 | | commissioners, township
library directors, and boards of | 21 | | managers of community buildings, and
Multi-Township | 22 | | Assessors;
| 23 | | (8) Highway commissioners and road district clerks;
| 24 | | (9) Members of school boards in school districts which | 25 | | adopt Article 33
of the School Code;
| 26 | | (10) The directors and chair of the Chain O Lakes - Fox |
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| 1 | | River Waterway
Management Agency;
| 2 | | (11) Forest preserve district commissioners elected | 3 | | under Section 3.5 of
the Downstate Forest Preserve | 4 | | District Act;
| 5 | | (12) Elected members of school boards, school | 6 | | trustees, directors of
boards of school directors, | 7 | | trustees of county boards of school trustees
(except in | 8 | | counties or educational service regions having a | 9 | | population
of 2,000,000 or more inhabitants) and members | 10 | | of boards of school inspectors,
except school boards in | 11 | | school
districts that adopt Article 33 of the School Code;
| 12 | | (13) Members of Community College district boards;
| 13 | | (14) Trustees of Fire Protection Districts;
| 14 | | (15) Commissioners of the Springfield Metropolitan | 15 | | Exposition and
Auditorium
Authority;
| 16 | | (16) Elected Trustees of Tuberculosis Sanitarium | 17 | | Districts;
| 18 | | (17) Elected Officers of special districts not | 19 | | otherwise designated in
this Section for which the law | 20 | | governing those districts does not permit
candidates of | 21 | | political parties.
| 22 | | (d) At the consolidated primary election in each | 23 | | odd-numbered year,
candidates of political parties shall be | 24 | | nominated for those offices to be
filled at the consolidated | 25 | | election in that year, except where pursuant to
law nomination | 26 | | of candidates of political parties is made by caucus, and
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| 1 | | except those offices listed in paragraphs (12) through (17) of | 2 | | subsection
(c).
| 3 | | At the consolidated primary election in the appropriate | 4 | | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | 5 | | shall be elected in
municipalities in which
candidates for | 6 | | mayor, clerk, treasurer, or alderman are not permitted by
law | 7 | | to be candidates
of political parties, subject to runoff | 8 | | elections to be held at the
consolidated election as may be | 9 | | required
by law, and municipal officers shall be nominated in | 10 | | a nonpartisan election
in municipalities in which pursuant to | 11 | | law candidates for such office are
not permitted to be | 12 | | candidates of political parties.
| 13 | | At the consolidated primary election in the appropriate | 14 | | odd-numbered years,
municipal officers shall be nominated or | 15 | | elected, or elected subject to
a runoff, as may be provided by | 16 | | an ordinance providing a form of government
of the | 17 | | municipality pursuant to Section 7 of Article VII of the | 18 | | Constitution.
| 19 | | At the consolidated primary elections in 2023 and 2027, | 20 | | members of the Chicago Board of Education shall be elected as | 21 | | provided in subsection (b-5) of Section 34-3 of the School | 22 | | Code, subject to the runoff elections to be held at the | 23 | | consolidated election as may be required by law. | 24 | | (e) (Blank).
| 25 | | (f) At any election established in Section 2A-1.1, public | 26 | | questions may
be submitted to voters pursuant to this Code and |
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| 1 | | any special election
otherwise required or authorized by law | 2 | | or by court order may be conducted
pursuant to this Code.
| 3 | | Notwithstanding the regular dates for election of officers | 4 | | established
in this Article, whenever a referendum is held for | 5 | | the establishment of
a political subdivision whose officers | 6 | | are to be elected, the initial officers
shall be elected at the | 7 | | election at which such referendum is held if otherwise
so | 8 | | provided by law. In such cases, the election of the initial | 9 | | officers
shall be subject to the referendum.
| 10 | | Notwithstanding the regular dates for election of | 11 | | officials established
in this Article, any community college | 12 | | district which becomes effective by
operation of law pursuant | 13 | | to Section 6-6.1 of the Public Community College
Act, as now or | 14 | | hereafter amended, shall elect the initial district board
| 15 | | members at the next regularly scheduled election following the | 16 | | effective
date of the new district.
| 17 | | (g) At any election established in Section 2A-1.1, if in | 18 | | any precinct
there are no offices or public questions required | 19 | | to be on the ballot under
this Code then no election shall be | 20 | | held in the precinct on that date.
| 21 | | (h) There may be conducted a
referendum in accordance with | 22 | | the provisions of Division 6-4 of the
Counties Code.
| 23 | | (Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
| 24 | | (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
| 25 | | Sec. 2A-48. Board of School Directors and Board of |
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| 1 | | Education - Member - Time of Election. A
member of a Board of | 2 | | School Directors or a member of an elected Board of
Education, | 3 | | as the case may be, shall be elected at each consolidated
| 4 | | election to succeed each incumbent member whose term ends | 5 | | before the
following consolidated election. At the | 6 | | consolidated primary elections in 2023 and 2027, members of | 7 | | the Chicago Board of Education shall be elected as provided in | 8 | | subsection (b-5) of Section 34-3 of the School Code, subject | 9 | | to the runoff elections to be held at the consolidated | 10 | | election as may be required by law.
| 11 | | (Source: P.A. 90-358, eff. 1-1-98.)
| 12 | | Section 10. The School Code is amended by changing | 13 | | Sections 34-3, 34-4, and 34-13.1 and by adding Sections | 14 | | 34-4.1, 34-4.2, and 34-21.9 as follows:
| 15 | | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
| 16 | | Sec. 34-3. Chicago School Reform Board of Trustees; new | 17 | | Chicago Board of
Education; members; term; vacancies.
| 18 | | (a) Within 30 days after the effective date of this | 19 | | amendatory Act of
1995, the terms of all members of the Chicago | 20 | | Board of Education
holding office on that date are abolished | 21 | | and the Mayor shall appoint,
without the consent or approval | 22 | | of the City Council, a 5 member
Chicago School Reform Board of | 23 | | Trustees which shall take office upon the
appointment of the | 24 | | fifth member. The Chicago School
Reform Board of Trustees and |
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| 1 | | its members
shall serve until, and the terms of all members of | 2 | | the Chicago School
Reform Board of Trustees shall expire on, | 3 | | June 30, 1999 or upon the
appointment of a new Chicago Board of | 4 | | Education as provided
in subsection (b), whichever is later. | 5 | | Any vacancy in the membership of
the Trustees shall be filled | 6 | | through appointment by the Mayor,
without the consent or | 7 | | approval of the City Council, for the unexpired term.
One of | 8 | | the members appointed by the Mayor to the Trustees shall
be | 9 | | designated by the Mayor to serve as President of the Trustees. | 10 | | The
Mayor shall appoint a full-time, compensated
chief | 11 | | executive officer, and his or her compensation as such chief | 12 | | executive
officer shall be determined by the Mayor. The Mayor, | 13 | | at his or her discretion,
may appoint the President to serve | 14 | | simultaneously as the chief executive
officer.
| 15 | | (b) Within 30 days before the expiration of the terms of | 16 | | the members of
the Chicago Reform Board of Trustees as | 17 | | provided in subsection (a), a new
Chicago Board of Education | 18 | | consisting of 7 members shall be appointed by the
Mayor to take | 19 | | office on the later of July 1, 1999 or the appointment of the
| 20 | | seventh member. Three of the members initially so appointed | 21 | | under this
subsection shall serve for terms ending June 30, | 22 | | 2002, 4 of the members
initially so appointed under this | 23 | | subsection shall serve for terms ending
June 30, 2003, and | 24 | | each member initially so appointed shall continue to hold
| 25 | | office until his or her successor is appointed and qualified. | 26 | | Thereafter at
the expiration of the term of any member a |
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| 1 | | successor
shall be appointed by the Mayor and shall hold | 2 | | office for a term of 4 years,
from July 1 of the year in which | 3 | | the term commences and until a successor
is appointed and | 4 | | qualified. Any vacancy in the membership of the Chicago Board
| 5 | | of Education shall be filled through appointment by the Mayor | 6 | | for the
unexpired term. No appointment to membership on the
| 7 | | Chicago Board of Education that is made by the Mayor under
this | 8 | | subsection shall require the approval of the City
Council, | 9 | | whether the appointment is made for a full term or to fill a | 10 | | vacancy
for an unexpired term on the Board. Notwithstanding | 11 | | any provision of law to the contrary, the terms of all members | 12 | | of the Chicago Board
of Education serving on May 9, 2023 shall | 13 | | end when the members of the board organized under subsection | 14 | | (b-5) are elected and qualified. This subsection shall be | 15 | | inoperative after May 31, 2023. | 16 | | (b-5) At the consolidated primaries in 2023 and 2027, a | 17 | | Chicago Board of Education consisting of 21 members shall be | 18 | | elected by the electors of the school district as provided in | 19 | | this subsection. | 20 | | Each member shall be elected for a term of 4 years. For | 21 | | purposes of elections conducted under this subsection, the | 22 | | City of Chicago shall be subdivided into 20 electoral | 23 | | districts by the General Assembly for seats on the Chicago | 24 | | Board of Education, as provided under Section 34-21.9. Each | 25 | | district shall be represented by a member, and one member | 26 | | shall be elected at large and serve as the president of the |
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| 1 | | board. | 2 | | The candidate receiving a majority of the votes cast for a | 3 | | seat on the Chicago Board of Education at the consolidated | 4 | | primary election shall be declared elected. If no candidate | 5 | | receives a majority of the votes for a seat on the Chicago | 6 | | Board of Education, a runoff election shall be held at the | 7 | | consolidated election, when only the names of the candidates | 8 | | receiving the highest and second highest number of votes for | 9 | | that seat on the Chicago Board of Education at the | 10 | | consolidated primary election shall appear on the ballot. If | 11 | | more than one candidate received the highest or second highest | 12 | | number of votes for a seat on the Chicago Board of Education at | 13 | | the consolidated primary election, the names of all candidates | 14 | | receiving the highest and second highest number of votes for | 15 | | that seat on the Chicago Board of Education shall appear on the | 16 | | ballot at the consolidated election. The candidate receiving | 17 | | the highest number of votes for that seat on the Chicago Board | 18 | | of Education at the consolidated election shall be declared | 19 | | elected. | 20 | | Within 28 days after the members enter office, the board | 21 | | shall organize by electing its vice president and fixing a | 22 | | time and place for the regular meetings. No less than a | 23 | | majority of the board's regular meetings shall take place | 24 | | after regular business hours in order to maximize community | 25 | | participation. Upon organizing itself as provided in this | 26 | | subsection, the board shall enter upon the discharge of its |
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| 1 | | duties. | 2 | | Whenever a vacancy in the board occurs, the remaining | 3 | | members of the board shall notify the Mayor of that vacancy | 4 | | within 5 days after its occurrence and shall proceed to fill | 5 | | the vacancy for the remainder of the unexpired term. The | 6 | | successor shall have the same residential and other | 7 | | qualifications as his or her predecessor. Should the remaining | 8 | | board members fail to act within 45 days after the vacancy | 9 | | occurs, the Mayor shall, within 30 days after the remaining | 10 | | members have failed to fill the vacancy, fill the vacancy as | 11 | | provided for in this Section. Upon the Mayor's failure to fill | 12 | | the vacancy, the vacancy shall be filled at the next election | 13 | | of a new board. The successor shall have the same residential | 14 | | and other qualifications as his or her predecessor. | 15 | | (b-10) No later than June 30, 2029, the General Assembly | 16 | | must review and revise the election of members of the Chicago | 17 | | Board of Education under subsection (b-5). If the General | 18 | | Assembly has not reauthorized the election of members of the | 19 | | Chicago Board of Education under subsection (b-5) by June 30, | 20 | | 2029, then, on May 13, 2031, the terms of all members elected | 21 | | in 2027 under subsection (b-5) shall end, and a new
Chicago | 22 | | Board of Education consisting of 7 members shall be appointed | 23 | | by the
Mayor. Three of the members initially so appointed | 24 | | under this
subsection shall serve for terms ending June 30, | 25 | | 2033, 4 of the members
initially so appointed under this | 26 | | subsection shall serve for terms ending
June 30, 2035, and |
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| 1 | | each member initially so appointed shall continue to hold
| 2 | | office until his or her successor is appointed and qualified. | 3 | | Thereafter, at
the expiration of the term of any member, a | 4 | | successor
shall be appointed by the Mayor and shall hold | 5 | | office for a term of 4 years,
from July 1 of the year in which | 6 | | the term commences and until a successor
is appointed and | 7 | | qualified. Any vacancy in the membership of the Chicago Board
| 8 | | of Education shall be filled through appointment by the Mayor | 9 | | for the
unexpired term. No appointment to membership on the
| 10 | | Chicago Board of Education that is made by the Mayor under
this | 11 | | subsection shall require the approval of the City
Council, | 12 | | regardless of whether the appointment is made for a full term | 13 | | or to fill a vacancy
for an unexpired term on the Board. | 14 | | (b-15) Except as otherwise provided under subsection | 15 | | (b-5), the The board shall elect annually from its
number a | 16 | | president and vice-president, in such
manner and at such
time | 17 | | as the board determines by its rules. The officers so elected | 18 | | shall each
perform the duties imposed upon his or her their | 19 | | respective office by the rules of the
board, provided that (i) | 20 | | the president shall preside at meetings of the board
and vote | 21 | | as any other member but have no power of veto, and (ii) the | 22 | | vice
president shall perform the duties of the president if | 23 | | that office is vacant or
the president is absent or unable to | 24 | | act.
The secretary of the board Board shall be selected by the | 25 | | board Board and shall be an
employee of the board Board rather | 26 | | than a member of the board Board , notwithstanding
subsection |
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| 1 | | (d) of Section 34-3.3. The duties of the secretary shall be
| 2 | | imposed by the rules of the board Board .
| 3 | | (b-20) No member shall have, or be an employee or owner of | 4 | | a company that has, a contract with the school district. No | 5 | | former officer, member, or employee of the board shall, within | 6 | | a period of one year immediately after termination of service | 7 | | on the board, knowingly accept employment or receive | 8 | | compensation or fees for services from a person or entity if | 9 | | the officer, member, or employee, during the year immediately | 10 | | preceding termination of service on the board, participated | 11 | | personally and substantially in the award of contracts with | 12 | | the board or the school district, or the issuance of contract | 13 | | change orders with the board or the school district, with a | 14 | | cumulative value of $25,000 or more to the person or entity, or | 15 | | its parent or subsidiary. | 16 | | (c) The board may appoint a student to the board to serve | 17 | | in an advisory capacity. The student member shall serve for a | 18 | | term as determined by the board. The board may not grant the | 19 | | student member any voting privileges, but shall consider the | 20 | | student member as an advisor. The student member may not | 21 | | participate in or attend any executive session of the board.
| 22 | | (Source: P.A. 94-231, eff. 7-14-05.)
| 23 | | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
| 24 | | Sec. 34-4. Eligibility. | 25 | | (a) To be eligible for election or appointment to the |
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| 1 | | board, a
person shall be a citizen of the United States, shall | 2 | | be a registered voter
as provided in the Election Code, shall | 3 | | have been a resident of the city and, if applicable, the | 4 | | electoral district for at
least one year 3 years immediately
| 5 | | preceding his or her election or appointment, and shall not be | 6 | | a child sex offender
as defined in Section 11-9.3 of the
| 7 | | Criminal Code of 2012. A person is ineligible for election or | 8 | | appointment to the board if that person is an employee of the | 9 | | school district. For the board elected under subsection (b-5) | 10 | | of Section 34-3, all persons eligible for election to the | 11 | | board shall be nominated by a petition signed by no less than | 12 | | 250 voters residing within the electoral district on a | 13 | | petition in order to be placed on the ballot, except that | 14 | | persons eligible for election to the board at large shall be | 15 | | nominated by a petition signed by no less than 2,500 voters | 16 | | residing within the city. | 17 | | Permanent removal from the city by any member of
the board | 18 | | during his or her term of office constitutes a resignation | 19 | | therefrom and
creates a vacancy in the board. Except for the | 20 | | President of the Chicago
School Reform Board of Trustees who | 21 | | may be paid compensation for his or her
services as chief | 22 | | executive officer as determined by the Mayor as provided in
| 23 | | subsection (a) of Section 34-3, board members shall serve | 24 | | without any
compensation; provided, that board members shall | 25 | | be reimbursed for expenses
incurred while in the performance | 26 | | of their duties upon submission of proper
receipts or upon |
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| 1 | | submission of a signed voucher in the case of an expense
| 2 | | allowance evidencing the amount of such reimbursement or | 3 | | allowance to the
president of the board for verification and | 4 | | approval. The board of
education may continue to provide | 5 | | health care insurance coverage, employer
pension | 6 | | contributions, employee pension contributions, and life | 7 | | insurance
premium payments for an employee required to resign | 8 | | from
an administrative, teaching, or career service position | 9 | | in order to qualify
as a member of the board of education. They | 10 | | shall not hold other public
office under the Federal, State or | 11 | | any local government other than that of
Director of the | 12 | | Regional Transportation Authority, member of the economic
| 13 | | development commission of a city having a population exceeding | 14 | | 500,000,
notary public or member of the National Guard, and by | 15 | | accepting any such
office while members of the board, or by not | 16 | | resigning any such office held
at the time of being elected or | 17 | | appointed to the board within 30 days after such election or
| 18 | | appointment, shall be deemed to have vacated their membership | 19 | | in the board.
| 20 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 21 | | (105 ILCS 5/34-4.1 new) | 22 | | Sec. 34-4.1. Nomination petitions. In addition to the | 23 | | requirements of the general election law, the form of | 24 | | petitions under Section 34-4 for the board elected under | 25 | | subsection (b-5) of Section 34-3 shall be substantially as |
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| 1 | | follows: | 2 | | NOMINATING PETITIONS | 3 | | (LEAVE OUT THE INAPPLICABLE PART.) | 4 | | To the Board of Election Commissioners for the City of | 5 | | Chicago: | 6 | | We the undersigned, being (.... or more) of the voters | 7 | | residing within said district, hereby petition that .... who | 8 | | resides at .... in the City of Chicago shall be a candidate for | 9 | | the office of .... of the board of education (full term) | 10 | | (vacancy) to be voted for at the election to be held on (insert | 11 | | date). | 12 | | Name: .................. Address: ................... | 13 | | In the designation of the name of a candidate on a petition | 14 | | for nomination, the candidate's given name or names, initial | 15 | | or initials, a nickname by which the candidate is commonly | 16 | | known, or a combination thereof may be used in addition to the | 17 | | candidate's surname. If a candidate has changed his or her | 18 | | name, whether by a statutory or common law procedure in | 19 | | Illinois or any other jurisdiction, within 3 years before the | 20 | | last day for filing the petition, then (i) the candidate's | 21 | | name on the petition must be followed by "formerly known as | 22 | | (list all prior names during the 3-year period) until name | 23 | | changed on (list date of each such name change)" and (ii) the | 24 | | petition must be accompanied by the candidate's affidavit | 25 | | stating the candidate's previous names during the period | 26 | | specified in clause (i) and the date or dates each of those |
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| 1 | | names was changed; failure to meet these requirements shall be | 2 | | grounds for denying certification of the candidate's name for | 3 | | the ballot, but these requirements do not apply to name | 4 | | changes resulting from adoption to assume an adoptive parent's | 5 | | or parents' surname, marriage to assume a spouse's surname, or | 6 | | dissolution of marriage or declaration of invalidity of | 7 | | marriage to assume a former surname. No other designation, | 8 | | such as a political slogan, as defined by Section 7-17 of the | 9 | | Election Code, title or degree, or nickname suggesting or | 10 | | implying possession of a title, degree or professional status, | 11 | | or similar information may be used in connection with the | 12 | | candidate's surname. | 13 | | All petitions for the nomination of members of a board of | 14 | | education shall be filed with the board of election | 15 | | commissioners of the jurisdiction in which the principal | 16 | | office of the school district is located within the time | 17 | | provided for by the general election law. The board of | 18 | | election commissioners shall receive and file only those | 19 | | petitions that include a statement of candidacy, the required | 20 | | number of voter signatures, the notarized signature of the | 21 | | petition circulator, and a receipt from the County Clerk | 22 | | showing that the candidate has filed a statement of economic | 23 | | interest on or before the last day to file as required by the | 24 | | Illinois Governmental Ethics Act. The board of election | 25 | | commissioners may have petition forms available for issuance | 26 | | to 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 board of election | 4 | | commissioners shall make certification to the proper election | 5 | | authorities in accordance with the general 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 | 14 | | election commissioners shall within 7 days of filing or on the | 15 | | last day for filing, whichever is earlier, acknowledge to the | 16 | | petitioner 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. This Section applies only to the | 7 | | board election under subsection (b-5) under Section 34-3. The | 8 | | board of election commissioners of the jurisdiction in which | 9 | | the principal office of the school district is located shall | 10 | | conduct a lottery to determine the ballot order of candidates | 11 | | for full terms in the event of any simultaneous petition | 12 | | filings. Such candidate lottery shall be conducted as follows: | 13 | | All petitions filed by persons waiting in line as of 8:00 | 14 | | a.m. on the first day for filing, or as of the normal opening | 15 | | hour of the office involved on such day, shall be deemed | 16 | | simultaneously filed as of 8:00 a.m. or the normal opening | 17 | | hour, as the case may be. Petitions filed by mail and received | 18 | | after midnight of the first day for filing and in the first | 19 | | mail delivery or pickup of that day shall be deemed | 20 | | simultaneously filed as of 8:00 a.m. of that day or as of the | 21 | | normal opening hour of such day, as the case may be. All | 22 | | petitions received thereafter shall be deemed filed in the | 23 | | order of actual receipt. However, 2 or more petitions filed | 24 | | within the last hour of the filing deadline shall be deemed | 25 | | filed simultaneously. |
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| 1 | | Where 2 or more petitions are received simultaneously for | 2 | | the same office as of 8:00 a.m. on the first day for petition | 3 | | filing or as of the normal opening hour of the office of the | 4 | | board of election commissioners with whom such petitions are | 5 | | filed, the board of election commissioners shall break ties | 6 | | and determine the order of filing by means of a lottery or | 7 | | other fair and impartial method of random selection. Such | 8 | | lottery shall be conducted within 9 days following the last | 9 | | day for petition filing and shall be open to the public. Seven | 10 | | days written notice of the time and place of conducting such | 11 | | random selection shall be given by the board of election | 12 | | commissioners to all candidates who filed their petitions | 13 | | simultaneously and to each organization of citizens within the | 14 | | election jurisdiction that was entitled, under the general | 15 | | election law, at the next preceding election, to have poll | 16 | | watchers present on the day of election. The board of election | 17 | | commissioners shall post in a conspicuous, open, and public | 18 | | place, at the entrance of his or her office, notice of the time | 19 | | and place of such lottery. | 20 | | All candidates shall be certified in the order in which | 21 | | their petitions have been filed and in the manner prescribed | 22 | | by Section 10-15 of the Election Code. Where candidates have | 23 | | filed simultaneously, they shall be certified in the order | 24 | | prescribed by this Section and prior to candidates who filed | 25 | | for the same office at a later time. | 26 | | Where elections are conducted for unexpired terms, a |
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| 1 | | second lottery to determine ballot order shall be conducted | 2 | | for candidates who simultaneously file petitions for such | 3 | | unexpired terms. Such lottery shall be conducted in the same | 4 | | manner as prescribed by this Section for full term candidates. | 5 | | Ballots for the election of school officers shall be in | 6 | | the following form: | 7 | | (BALLOT FORMAT | 8 | | Ballot position for candidates shall be determined by the | 9 | | order of petition filing or lottery held pursuant to this | 10 | | Section. | 11 | | The school district is divided into 20 electoral | 12 | | districts, each of which elects one member to the board of | 13 | | education and votes on one member to serve at-large.) | 14 | | OFFICIAL BALLOT | 15 | | DISTRICT ....... (1 through 20) | 16 | | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE | 17 | | A FULL 4-YEAR TERM | 18 | | VOTE FOR ONE | 19 | | ( ) ..................................... | 20 | | ( ) ..................................... | 21 | | ( ) ..................................... | 22 | | OFFICIAL BALLOT | 23 | | AT LARGE | 24 | | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE | 25 | | A FULL 4-YEAR TERM |
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| 1 | | VOTE FOR ONE | 2 | | ( ) ..................................... | 3 | | ( ) ..................................... | 4 | | ( ) ..................................... | 5 | | REVERSE SIDE: | 6 | | OFFICIAL BALLOT | 7 | | DISTRICT ....... (1 through 20) | 8 | | (Precinct name or number) | 9 | | School District No. ......, ........... County, Illinois | 10 | | Election Tuesday (insert date) | 11 | | (facsimile signature of Election Authority) | 12 | | (County)
| 13 | | (105 ILCS 5/34-13.1)
| 14 | | Sec. 34-13.1. Inspector General.
| 15 | | (a) The Inspector General and his office in existence on | 16 | | the effective date
of this amendatory Act of 1995 shall be | 17 | | transferred to the jurisdiction of the
board upon appointment | 18 | | of the Chicago School Reform Board of Trustees. The
Inspector | 19 | | General shall have the authority
to conduct investigations | 20 | | into allegations of or incidents of waste, fraud, and
| 21 | | financial mismanagement in public education within the | 22 | | jurisdiction of the
board by a local school council
member or | 23 | | an
employee, contractor, or member of the board or involving
| 24 | | school projects
managed or handled by the Public Building | 25 | | Commission. The Inspector General
shall make recommendations |
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| 1 | | to the board about the
investigations.
The Inspector General | 2 | | in office on the effective date of this amendatory Act
of 1996 | 3 | | shall serve for a term expiring on June 30, 1998. His or her
| 4 | | successors in office shall each be appointed by the Mayor, | 5 | | without the consent
or approval of the City Council, for 4 year | 6 | | terms expiring on June 30th of an
even numbered year ; however, | 7 | | beginning on May 9, 2023 and until May 13, 2031, successors | 8 | | shall be appointed by the board instead of the Mayor .
If the | 9 | | Inspector General leaves office or if a vacancy in that office | 10 | | otherwise occurs, the
Mayor shall appoint, without the consent | 11 | | or
approval of the City Council, a successor to serve under | 12 | | this Section for the
remainder of the unexpired term ; however, | 13 | | beginning on May 9, 2023 and until May 13, 2031, successors | 14 | | shall be appointed by the board instead of the Mayor . The
| 15 | | Inspector General shall be independent of the operations of | 16 | | the board and
the School Finance Authority, and shall perform | 17 | | other duties requested by the
board.
| 18 | | (b) The Inspector General shall have access to all
| 19 | | information and personnel necessary to perform the duties of | 20 | | the
office. If the Inspector General determines that a | 21 | | possible
criminal act has been committed or that special | 22 | | expertise is
required in the investigation, he or she shall | 23 | | immediately notify
the Chicago Police Department and the Cook | 24 | | County State's
Attorney. All investigations conducted by the | 25 | | Inspector General
shall be conducted in a manner that ensures | 26 | | the preservation of
evidence for use in criminal prosecutions.
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| 1 | | (c) At all times the Inspector General shall be granted
| 2 | | access to any building or facility that is owned, operated, or
| 3 | | leased by the board, the Public Building Commission, or the
| 4 | | city in trust
and for the use and benefit of the schools of the | 5 | | district.
| 6 | | (d) The Inspector General shall have the power to subpoena
| 7 | | witnesses and compel the production of books and papers | 8 | | pertinent
to an investigation authorized by this Code. Any | 9 | | person who (1)
fails to appear in response to a subpoena; (2) | 10 | | fails to answer
any question; (3) fails to produce any books or | 11 | | papers pertinent
to an investigation under this Code; or (4) | 12 | | knowingly gives
false testimony during an investigation under | 13 | | this Code, is
guilty of a Class A misdemeanor.
| 14 | | (e) The Inspector General shall provide to the board and
| 15 | | the Illinois General Assembly a summary of reports and
| 16 | | investigations made under this Section for the previous fiscal
| 17 | | year no later than January 1 of each year, except that the | 18 | | Inspector General
shall provide the summary of reports and | 19 | | investigations made under this Section
for the period | 20 | | commencing July 1, 1998 and ending April 30, 1999 no later than
| 21 | | May 1, 1999. The summaries shall detail the final disposition | 22 | | of those
recommendations. The summaries shall not contain any | 23 | | confidential or
identifying information concerning the | 24 | | subjects of the reports and
investigations. The summaries | 25 | | shall also include detailed recommended
administrative actions | 26 | | and matters for consideration by the General Assembly.
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| 1 | | (f) (Blank).
| 2 | | (g) (Blank).
| 3 | | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
| 4 | | (105 ILCS 5/34-21.9 new) | 5 | | Sec. 34-21.9. Creation of electoral districts; | 6 | | reapportionment of districts. For purposes of an election | 7 | | conducted under subsection (b-5) of Section 34-3, the City of | 8 | | Chicago shall be subdivided into 20 electoral districts after | 9 | | the effective date of this amendatory Act of the 102nd General | 10 | | Assembly by the General Assembly for seats on the Chicago | 11 | | Board of Education. The electoral districts must be drawn on | 12 | | or before May 31, 2022. Each district must be compact, | 13 | | contiguous, and substantially equal in population.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law. | | | | HB2908 Engrossed | - 27 - | LRB102 14123 SMS 19475 b |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 10 ILCS 5/2A-1.2 | from Ch. 46, par. 2A-1.2 | | 4 | | 10 ILCS 5/2A-48 | from Ch. 46, par. 2A-48 | | 5 | | 105 ILCS 5/34-3 | from Ch. 122, par. 34-3 | | 6 | | 105 ILCS 5/34-4 | from Ch. 122, par. 34-4 | | 7 | | 105 ILCS 5/34-4.1 new | | | 8 | | 105 ILCS 5/34-4.2 new | | | 9 | | 105 ILCS 5/34-13.1 | | | 10 | | 105 ILCS 5/34-21.9 new | |
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