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91_SB0407
LRB9102537JMmb
1 AN ACT to change the date of the general primary
2 election, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 2A-1.1, 7-8, and 8-4 as follows:
7 (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
8 Sec. 2A-1.1. All Elections - Consolidated Schedule. (a)
9 In even-numbered years, the general election shall be held on
10 the first Tuesday after the first Monday of November; and an
11 election to be known as the general primary election shall be
12 held on the third Tuesday in March in years in which a
13 President is elected and the second Tuesday in August in
14 years in which a President is not elected;
15 (b) In odd-numbered years, an election to be known as
16 the consolidated election shall be held on the first Tuesday
17 in April except as provided in Section 2A-1.1a of this Act;
18 and an election to be known as the consolidated primary
19 election shall be held on the last Tuesday in February.
20 (Source: P.A. 90-358, eff. 1-1-98.)
21 (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
22 Sec. 7-8. The State central committee shall be composed
23 of one or two members from each congressional district in the
24 State and shall be elected as follows:
25 State Central Committee
26 (a) Within 30 days after the effective date of this
27 amendatory Act of 1983 the State central committee of each
28 political party shall certify to the State Board of Elections
29 which of the following alternatives it wishes to apply to the
30 State central committee of that party.
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1 Alternative A. At the general primary election held on
2 the third Tuesday in March 1970, and at the primary held
3 every 4 years thereafter, each primary elector may vote for
4 one candidate of his party for member of the State central
5 committee for the congressional district in which he resides.
6 The candidate receiving the highest number of votes shall be
7 declared elected State central committeeman from the
8 district. A political party may, in lieu of the foregoing, by
9 a majority vote of delegates at any State convention of such
10 party, determine to thereafter elect the State central
11 committeemen in the manner following:
12 At the county convention held by such political party
13 State central committeemen shall be elected in the same
14 manner as provided in this Article for the election of
15 officers of the county central committee, and such election
16 shall follow the election of officers of the county central
17 committee. Each elected ward, township or precinct
18 committeeman shall cast as his vote one vote for each ballot
19 voted in his ward, township, part of a township or precinct
20 in the last preceding primary election of his political
21 party. In the case of a county lying partially within one
22 congressional district and partially within another
23 congressional district, each ward, township or precinct
24 committeeman shall vote only with respect to the
25 congressional district in which his ward, township, part of a
26 township or precinct is located. In the case of a
27 congressional district which encompasses more than one
28 county, each ward, township or precinct committeeman residing
29 within the congressional district shall cast as his vote one
30 vote for each ballot voted in his ward, township, part of a
31 township or precinct in the last preceding primary election
32 of his political party for one candidate of his party for
33 member of the State central committee for the congressional
34 district in which he resides and the Chairman of the county
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1 central committee shall report the results of the election to
2 the State Board of Elections. The State Board of Elections
3 shall certify the candidate receiving the highest number of
4 votes elected State central committeeman for that
5 congressional district.
6 The State central committee shall adopt rules to provide
7 for and govern the procedures to be followed in the election
8 of members of the State central committee.
9 Alternative B. Each congressional committee shall,
10 within 30 days after the adoption of this alternative,
11 appoint a person of the sex opposite that of the incumbent
12 member for that congressional district to serve as an
13 additional member of the State central committee until his or
14 her successor is elected at the general primary election in
15 1986. Each congressional committee shall make this
16 appointment by voting on the basis set forth in paragraph (e)
17 of this Section. In each congressional district at the
18 general primary election held in 1986 and every 4 years
19 thereafter, the male candidate receiving the highest number
20 of votes of the party's male candidates for State central
21 committeeman, and the female candidate receiving the highest
22 number of votes of the party's female candidates for State
23 central committeewoman, shall be declared elected State
24 central committeeman and State central committeewoman from
25 the district. At the general primary election held in 1986
26 and every 4 years thereafter, if all a party's candidates for
27 State central committeemen or State central committeewomen
28 from a congressional district are of the same sex, the
29 candidate receiving the highest number of votes shall be
30 declared elected a State central committeeman or State
31 central committeewoman from the district, and, because of a
32 failure to elect one male and one female to the committee, a
33 vacancy shall be declared to exist in the office of the
34 second member of the State central committee from the
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1 district. This vacancy shall be filled by appointment by the
2 congressional committee of the political party, and the
3 person appointed to fill the vacancy shall be a resident of
4 the congressional district and of the sex opposite that of
5 the committeeman or committeewoman elected at the general
6 primary election. Each congressional committee shall make
7 this appointment by voting on the basis set forth in
8 paragraph (e) of this Section.
9 Under both of the foregoing alternatives, the State
10 central committee of each political party shall be composed
11 of members elected or appointed from the several
12 congressional districts of the State, and of no other person
13 or persons whomsoever. The members of the State central
14 committee shall, within 30 days after each quadrennial
15 election of the full committee, meet in the city of
16 Springfield and organize by electing from among their own
17 number a chairman, and may at such time elect such officers
18 from among their own number (or otherwise), as they may deem
19 necessary or expedient. The outgoing chairman of the State
20 central committee of the party shall, 10 days before the
21 meeting, notify each member of the State central committee
22 elected at the primary of the time and place of such meeting.
23 In the organization and proceedings of the State central
24 committee, each State central committeeman and State central
25 committeewoman shall have one vote for each ballot voted in
26 his or her congressional district by the primary electors of
27 his or her party at the primary election immediately
28 preceding the meeting of the State central committee.
29 Whenever a vacancy occurs in the State central committee of
30 any political party, the vacancy shall be filled by
31 appointment of the chairmen of the county central committees
32 of the political party of the counties located within the
33 congressional district in which the vacancy occurs and, if
34 applicable, the ward and township committeemen of the
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1 political party in counties of 2,000,000 or more inhabitants
2 located within the congressional district. If the
3 congressional district in which the vacancy occurs lies
4 wholly within a county of 2,000,000 or more inhabitants, the
5 ward and township committeemen of the political party in that
6 congressional district shall vote to fill the vacancy. In
7 voting to fill the vacancy, each chairman of a county central
8 committee and each ward and township committeeman in counties
9 of 2,000,000 or more inhabitants shall have one vote for each
10 ballot voted in each precinct of the congressional district
11 in which the vacancy exists of his or her county, township,
12 or ward cast by the primary electors of his or her party at
13 the primary election immediately preceding the meeting to
14 fill the vacancy in the State central committee. The person
15 appointed to fill the vacancy shall be a resident of the
16 congressional district in which the vacancy occurs, shall be
17 a qualified voter, and, in a committee composed as provided
18 in Alternative B, shall be of the same sex as his or her
19 predecessor. A political party may, by a majority vote of the
20 delegates of any State convention of such party, determine to
21 return to the election of State central committeeman and
22 State central committeewoman by the vote of primary electors.
23 Any action taken by a political party at a State convention
24 in accordance with this Section shall be reported to the
25 State Board of Elections by the chairman and secretary of
26 such convention within 10 days after such action.
27 Ward, Township and Precinct Committeemen
28 (b) At the general primary election held on the third
29 Tuesday in March, 1972, and every 4 years thereafter, each
30 primary elector in cities having a population of 200,000 or
31 over may vote for one candidate of his party in his ward for
32 ward committeeman. Each candidate for ward committeeman must
33 be a resident of and in the ward where he seeks to be elected
34 ward committeeman. The one having the highest number of votes
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1 shall be such ward committeeman of such party for such ward.
2 At the primary election held on the third Tuesday in March,
3 1970, and every 4 years thereafter, each primary elector in
4 counties containing a population of 2,000,000 or more,
5 outside of cities containing a population of 200,000 or more,
6 may vote for one candidate of his party for township
7 committeeman. Each candidate for township committeeman must
8 be a resident of and in the township or part of a township
9 (which lies outside of a city having a population of 200,000
10 or more, in counties containing a population of 2,000,000 or
11 more), and in which township or part of a township he seeks
12 to be elected township committeeman. The one having the
13 highest number of votes shall be such township committeeman
14 of such party for such township or part of a township. At
15 each general the primary election held on the third Tuesday
16 in March, 1970 and every 2 years thereafter, each primary
17 elector, except in counties having a population of 2,000,000
18 or over, may vote for one candidate of his party in his
19 precinct for precinct committeeman. Each candidate for
20 precinct committeeman must be a bona fide resident of the
21 precinct where he seeks to be elected precinct committeeman.
22 The one having the highest number of votes shall be such
23 precinct committeeman of such party for such precinct. The
24 official returns of the primary shall show the name of the
25 committeeman of each political party.
26 Terms of Committeemen. All precinct committeemen elected
27 under the provisions of this Article shall continue as such
28 committeemen until the date of the primary to be held in the
29 second year after their election. Except as otherwise
30 provided in this Section for certain State central
31 committeemen who have 2 year terms, all State central
32 committeemen, township committeemen and ward committeemen
33 shall continue as such committeemen until the date of primary
34 to be held in the fourth year after their election. However,
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1 a vacancy exists in the office of precinct committeeman when
2 a precinct committeeman ceases to reside in the precinct in
3 which he was elected and such precinct committeeman shall
4 thereafter neither have nor exercise any rights, powers or
5 duties as committeeman in that precinct, even if a successor
6 has not been elected or appointed.
7 (c) The Multi-Township Central Committee shall consist
8 of the precinct committeemen of such party, in the
9 multi-township assessing district formed pursuant to Section
10 2-10 of the Property Tax Code and shall be organized for the
11 purposes set forth in Section 45-25 of the Township Code. In
12 the organization and proceedings of the Multi-Township
13 Central Committee each precinct committeeman shall have one
14 vote for each ballot voted in his precinct by the primary
15 electors of his party at the primary at which he was elected.
16 County Central Committee
17 (d) The county central committee of each political party
18 in each county shall consist of the various township
19 committeemen, precinct committeemen and ward committeemen, if
20 any, of such party in the county. In the organization and
21 proceedings of the county central committee, each precinct
22 committeeman shall have one vote for each ballot voted in his
23 precinct by the primary electors of his party at the primary
24 at which he was elected; each township committeeman shall
25 have one vote for each ballot voted in his township or part
26 of a township as the case may be by the primary electors of
27 his party at the primary election for the nomination of
28 candidates for election to the General Assembly immediately
29 preceding the meeting of the county central committee; and in
30 the organization and proceedings of the county central
31 committee, each ward committeeman shall have one vote for
32 each ballot voted in his ward by the primary electors of his
33 party at the primary election for the nomination of
34 candidates for election to the General Assembly immediately
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1 preceding the meeting of the county central committee.
2 Congressional Committee
3 (e) The congressional committee of each party in each
4 congressional district shall be composed of the chairmen of
5 the county central committees of the counties composing the
6 congressional district, except that in congressional
7 districts wholly within the territorial limits of one county,
8 or partly within 2 or more counties, but not coterminous with
9 the county lines of all of such counties, the precinct
10 committeemen, township committeemen and ward committeemen, if
11 any, of the party representing the precincts within the
12 limits of the congressional district, shall compose the
13 congressional committee. A State central committeeman in each
14 district shall be a member and the chairman or, when a
15 district has 2 State central committeemen, a co-chairman of
16 the congressional committee, but shall not have the right to
17 vote except in case of a tie.
18 In the organization and proceedings of congressional
19 committees composed of precinct committeemen or township
20 committeemen or ward committeemen, or any combination
21 thereof, each precinct committeeman shall have one vote for
22 each ballot voted in his precinct by the primary electors of
23 his party at the primary at which he was elected, each
24 township committeeman shall have one vote for each ballot
25 voted in his township or part of a township as the case may
26 be by the primary electors of his party at the primary
27 election immediately preceding the meeting of the
28 congressional committee, and each ward committeeman shall
29 have one vote for each ballot voted in each precinct of his
30 ward located in such congressional district by the primary
31 electors of his party at the primary election immediately
32 preceding the meeting of the congressional committee; and in
33 the organization and proceedings of congressional committees
34 composed of the chairmen of the county central committees of
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1 the counties within such district, each chairman of such
2 county central committee shall have one vote for each ballot
3 voted in his county by the primary electors of his party at
4 the primary election immediately preceding the meeting of the
5 congressional committee.
6 Judicial District Committee
7 (f) The judicial district committee of each political
8 party in each judicial district shall be composed of the
9 chairman of the county central committees of the counties
10 composing the judicial district.
11 In the organization and proceedings of judicial district
12 committees composed of the chairmen of the county central
13 committees of the counties within such district, each
14 chairman of such county central committee shall have one vote
15 for each ballot voted in his county by the primary electors
16 of his party at the primary election immediately preceding
17 the meeting of the judicial district committee.
18 Circuit Court Committee
19 (g) The circuit court committee of each political party
20 in each judicial circuit outside Cook County shall be
21 composed of the chairmen of the county central committees of
22 the counties composing the judicial circuit.
23 In the organization and proceedings of circuit court
24 committees, each chairman of a county central committee shall
25 have one vote for each ballot voted in his county by the
26 primary electors of his party at the primary election
27 immediately preceding the meeting of the circuit court
28 committee.
29 Judicial Subcircuit Committee
30 (g-1) The judicial subcircuit committee of each
31 political party in each judicial subcircuit in Cook County
32 shall be composed of the ward and township committeemen of
33 the townships and wards composing the judicial subcircuit.
34 In the organization and proceedings of each judicial
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1 subcircuit committee, each township committeeman shall have
2 one vote for each ballot voted in his township or part of a
3 township, as the case may be, in the judicial subcircuit by
4 the primary electors of his party at the primary election
5 immediately preceding the meeting of the judicial subcircuit
6 committee; and each ward committeeman shall have one vote for
7 each ballot voted in his ward or part of a ward, as the case
8 may be, in the judicial subcircuit by the primary electors of
9 his party at the primary election immediately preceding the
10 meeting of the judicial subcircuit committee.
11 Municipal Central Committee
12 (h) The municipal central committee of each political
13 party shall be composed of the precinct, township or ward
14 committeemen, as the case may be, of such party representing
15 the precincts or wards, embraced in such city, incorporated
16 town or village. The voting strength of each precinct,
17 township or ward committeeman on the municipal central
18 committee shall be the same as his voting strength on the
19 county central committee.
20 For political parties, other than a statewide political
21 party, established only within a municipality or township,
22 the municipal or township managing committee shall be
23 composed of the party officers of the local established
24 party. The party officers of a local established party shall
25 be as follows: the chairman and secretary of the caucus for
26 those municipalities and townships authorized by statute to
27 nominate candidates by caucus shall serve as party officers
28 for the purpose of filling vacancies in nomination under
29 Section 7-61; for municipalities and townships authorized by
30 statute or ordinance to nominate candidates by petition and
31 primary election, the party officers shall be the party's
32 candidates who are nominated at the primary. If no party
33 primary was held because of the provisions of Section 7-5,
34 vacancies in nomination shall be filled by the party's
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1 remaining candidates who shall serve as the party's officers.
2 Powers
3 (i) Each committee and its officers shall have the
4 powers usually exercised by such committees and by the
5 officers thereof, not inconsistent with the provisions of
6 this Article. The several committees herein provided for
7 shall not have power to delegate any of their powers, or
8 functions to any other person, officer or committee, but this
9 shall not be construed to prevent a committee from appointing
10 from its own membership proper and necessary subcommittees.
11 (j) The State central committee of a political party
12 which elects it members by Alternative B under paragraph (a)
13 of this Section shall adopt a plan to give effect to the
14 delegate selection rules of the national political party and
15 file a copy of such plan with the State Board of Elections
16 when approved by a national political party.
17 (k) For the purpose of the designation of a proxy by a
18 Congressional Committee to vote in place of an absent State
19 central committeeman or committeewoman at meetings of the
20 State central committee of a political party which elects its
21 members by Alternative B under paragraph (a) of this Section,
22 the proxy shall be appointed by the vote of the ward and
23 township committeemen, if any, of the wards and townships
24 which lie entirely or partially within the Congressional
25 District from which the absent State central committeeman or
26 committeewoman was elected and the vote of the chairmen of
27 the county central committees of those counties which lie
28 entirely or partially within that Congressional District and
29 in which there are no ward or township committeemen. When
30 voting for such proxy the county chairman, ward committeeman
31 or township committeeman, as the case may be shall have one
32 vote for each ballot voted in his county, ward or township,
33 or portion thereof within the Congressional District, by the
34 primary electors of his party at the primary at which he was
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1 elected. However, the absent State central committeeman or
2 committeewoman may designate a proxy when permitted by the
3 rules of a political party which elects its members by
4 Alternative B under paragraph (a) of this Section.
5 (Source: P.A. 90-627, eff. 7-10-98.)
6 (10 ILCS 5/8-4) (from Ch. 46, par. 8-4)
7 Sec. 8-4. A primary shall be held on the third Tuesday in
8 March of each even-numbered year for The nomination of
9 candidates for legislative offices shall be made at the
10 general primary election.
11 (Source: P.A. 82-750.)
12 Section 10. The School Code is amended by changing
13 Sections 7A-2, 11A-3, 11B-3 and 33-1 as follows:
14 (105 ILCS 5/7A-2) (from Ch. 122, par. 7A-2)
15 Sec. 7A-2. Petition filing; notice; hearing; decision.
16 Any petition to dissolve a unit school district, create an
17 elementary school district therefrom and annex the same
18 territory to a contiguous high school district as provided in
19 Section 7A-1 shall be filed with the regional superintendent
20 of schools of the educational service region in which the
21 territory described in the petition or the greater portion of
22 the equalized assessed valuation of such territory is
23 situated, signed by at least 10% of the voters residing
24 within each district affected or by the boards of each
25 district affected. The petition shall: (i) request the
26 submission of the proposition at a regular scheduled election
27 for the purpose of voting for or against the dissolution of
28 such unit school district, creation of an elementary school
29 district therefrom and annexation of the same territory to an
30 existing contiguous high school district as provided in
31 Section 7A-1; (ii) describe the territory of the unit school
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1 district proposed to be dissolved which shall be stated in
2 the petition to be the same as the territory comprising the
3 proposed elementary school district and the same as the
4 territory proposed to be annexed to the existing contiguous
5 high school district; (iii) describe the territory of the
6 existing high school district to which the territory proposed
7 to be annexed is contiguous; and (iv) set forth the maximum
8 tax rates for educational and operations, building and
9 maintenance purposes and the purchase of school grounds,
10 pupil transportation, and fire prevention and safety purposes
11 which the annexing high school district and the elementary
12 school district proposed to be created each shall be
13 authorized to levy.
14 The petition may request that if the proposition to
15 dissolve a unit school district, create an elementary school
16 district therefrom, and annex the same territory to a
17 contiguous high school district is submitted to the voters at
18 the consolidated election which occurs in April of
19 odd-numbered years, at the general primary election which
20 occurs in March of even-numbered years, at the nonpartisan
21 election which occurs in November of odd-numbered years, or
22 at the general election which occurs in November of
23 even-numbered years, that at that same election a board of
24 education be elected on a separate ballot to serve as the
25 board of education of the proposed new elementary school
26 district. Any election of board members at the same election
27 at which the proposition to create the elementary school
28 district to be served by that board is submitted to the
29 voters shall proceed under the supervision of the Regional
30 Superintendent as provided in Section 7A-6.
31 When the petition contains more than 10 signatures, the
32 petition shall designate a committee of 10 of the petitioners
33 as attorney in fact for all petitioners, any 7 of whom may
34 make binding stipulations on behalf of all petitioners as to
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1 any question with respect to the petition or hearing,
2 including the power to stipulate to accountings or waiver
3 thereof between school districts. The regional
4 superintendent of schools required to hold a hearing on the
5 petition as provided in this Section may accept any such
6 stipulation instead of evidence or proof of the matter
7 stipulated, or may refuse to accept any such stipulation.
8 Upon the filing of such petition with the regional
9 superintendent of schools as provided in this Section, such
10 regional superintendent of schools shall cause a copy of the
11 petition to be given to the board of each district affected
12 and to the regional superintendent of schools of any other
13 educational service region in which any part of the territory
14 described in the petition is situated. The regional
15 superintendent of schools with whom the petition is required
16 to be filed shall cause a notice thereof to be published at
17 least once each week for 3 successive weeks in at least one
18 newspaper having general circulation within the area of all
19 territory described in the petition. The notice shall state
20 when and to whom the petition was presented, the description
21 of the territory of the unit school district proposed to be
22 dissolved which shall be stated in the notice to be the same
23 as the territory comprising the proposed elementary school
24 district and the same as the territory proposed to be annexed
25 to the existing contiguous high school district, the
26 description of the existing high school district to which the
27 territory proposed to be annexed is contiguous, a statement
28 of the maximum tax rates for educational and operations,
29 building and maintenance purposes and the purchase of school
30 grounds, pupil transportation, and fire prevention and safety
31 purposes which the annexing high school district and the
32 proposed elementary school district each shall be authorized
33 to levy or establish, the prayer of the petition, and the day
34 on which the hearing upon the petition shall be held. The
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1 petitioners shall pay the expense of publishing the notice.
2 No more than 30 days after the last date on which the
3 required notice is published the regional superintendent of
4 schools with whom the petition is required to be filed shall
5 hold a hearing on the petition, provided that the regional
6 superintendent of schools may adjourn the hearing from time
7 to time or may continue the matter for want of sufficient
8 notice or other good cause. Prior to the hearing the
9 petitioners shall submit to the regional superintendent of
10 schools maps showing the districts affected, a written report
11 of financial and educational conditions of the districts
12 affected and the probable effect of the proposed dissolution
13 of the unit school district, creation of an elementary school
14 district therefrom and annexation of the same territory to
15 the existing contiguous high school district. The reports
16 and maps submitted by the petitioners shall be made a part of
17 the record of proceedings of the regional superintendent of
18 schools holding the hearing, and if the boards of the
19 districts affected are not the petitioners, such regional
20 superintendent of schools shall send copies of such reports
21 and maps to such boards not less than 5 days prior to the
22 date on which the hearing is to be held.
23 Upon the regional superintendent of schools determining
24 that the petitioners have paid the expense of publishing the
25 notice of hearing, that the petition as filed is proper and
26 -- if the petitioners be voters residing in each district
27 affected -- that the petition is in compliance with any
28 applicable petition requirements of the Election Code, the
29 regional superintendent of schools shall hear evidence as to
30 the school needs and conditions in all territory described in
31 the petition and in the area adjacent thereto, shall hear
32 evidence with respect to the ability of the elementary school
33 district proposed to be created and the ability of the
34 contiguous existing high school district, after the proposed
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1 annexation, to meet standards of recognition as prescribed by
2 the State Board of Education, shall take into consideration
3 any division of funds or assets if the petition is approved,
4 and shall determine whether it is for the best interests of
5 the schools of the area and the educational welfare of the
6 pupils therein that such unit school district be dissolved,
7 an elementary school district be created therefrom and the
8 same territory be annexed to an existing contiguous high
9 school district. No petition filed under this Article and no
10 referendum held pursuant to any petition so filed shall be
11 null and void or invalidated or deemed in noncompliance with
12 the Election Code because of the failure to publish a notice
13 of intention to file the petition or to attach to the
14 petition an affidavit attesting to the publication of that
15 notice as required under subsection (g) of Section 28-2 of
16 the Election Code for petitions that are not filed under
17 Article 7A, 11A, 11B, or 11D of the School Code.
18 At the hearing any resident of any territory described in
19 the petition and any regional superintendent of schools
20 entitled under the provisions of this Section to be given a
21 copy of the petition by the regional superintendent of
22 schools conducting the hearing may appear in person or by an
23 attorney at law in support of or in objection to the prayer
24 of the petition, and may submit evidence in support of either
25 such position. A transcript of the proceedings in the
26 hearing before the regional superintendent of schools shall
27 be prepared, and the expense of preparing the same shall be
28 paid by the petitioners.
29 Within 14 days after the conclusion of the hearing, the
30 regional superintendent of schools shall make a decision
31 either approving or denying the petition, and shall thereupon
32 submit the petition and all evidence taken at the hearing to
33 the State Superintendent of Education who shall, within 30
34 days thereafter, review the entire record of the proceedings
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1 had before the regional superintendent of schools, including
2 the transcript of such proceedings, and approve or deny the
3 petition upon consideration of and in accordance with the
4 following criteria:
5 (i) whether the proposed elementary school district
6 and the contiguous existing high school district after
7 the proposed annexation will have sufficient size (pupil
8 enrollment) and financial resources (assessed valuation)
9 to provide and maintain a recognized educational program
10 for their respective districts as proposed;
11 (ii) whether the dissolution of the unit school
12 district, creation of an elementary school district
13 therefrom and annexation of the same territory to the
14 existing high school district is for the best interests
15 of the schools of the area and the educational welfare of
16 the pupils therein; and
17 (iii) whether the territory of the proposed
18 elementary school district and the territory of the
19 contiguous existing high school district after the
20 proposed annexation are each compact and contiguous for
21 school purposes.
22 If the State Superintendent of Education denies the
23 petition the reasons for such denial shall be communicated to
24 the boards of each district affected, to any committee
25 designated as attorney in fact for the petitioners as
26 provided in this Section, to any regional superintendent of
27 schools entitled under the provisions of this Section to be
28 given a copy of the petition by the regional superintendent
29 of schools who conducted the hearing and to any resident of
30 any territory described in the petition who appears at the
31 hearing, or to any attorney at law appearing of record in the
32 hearing on behalf of any such board, committee, regional
33 superintendent of schools or resident otherwise entitled to
34 receive communication of the reasons for such denial; and no
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1 further proceedings shall be had.
2 (Source: P.A. 86-13; 87-10; 87-185; 87-839; 87-1270.)
3 (105 ILCS 5/11A-3) (from Ch. 122, par. 11A-3)
4 Sec. 11A-3. Petition filing; notice; hearing; decision.
5 A petition shall be filed with the Regional Superintendent of
6 the region in which the territory described in the petition
7 or that part of the territory with the greater per cent of
8 equalized assessed valuation is situated, signed by at least
9 200 voters residing in at least 3/4 of the school districts
10 or parts of districts and residing in the territory included
11 in the petition, or the petition may be filed by the board of
12 education of each of the school districts wholly or partially
13 included in the territory described in the petition. A
14 petition that is not filed by the board of education of each
15 of the school districts wholly or partially included in the
16 territory described in the petition must contain signatures
17 from 50 legal resident voters from each of the school
18 districts wholly or partially included in the territory
19 described in the petition or from 10% of the legal resident
20 voters from each of the school districts wholly or partially
21 included in the territory described in the petition,
22 whichever is lesser. Provided, however, that no petition
23 filed, or election held under this Article shall be null or
24 void or invalidated or deemed in noncompliance with the
25 Election Code for the failure of any person or persons
26 seeking the creation of a new school district hereunder to
27 publish a notice of intention to file such petition or to
28 attach an affidavit attesting to the publication of such
29 notice to such petition as required under subsection (g) of
30 Section 28-2 of the Election Code for petitions that are not
31 filed under Article 7A, 11A, 11B, or 11D of the School Code.
32 The petition shall (1) request the submission of the
33 proposition at a regular scheduled election for the purpose
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1 of voting for or against the establishment of a community
2 unit school district in the territory; (2) describe the
3 territory comprising the proposed district; (3) set forth the
4 maximum tax rates for educational, operations and maintenance
5 and the purchase and improvements of school grounds, pupil
6 transportation, and fire prevention and safety purposes the
7 proposed district shall be authorized to levy; and (4)
8 designate a committee of 10 of the petitioners, any 7 of whom
9 may at any time, prior to the final decision of the Regional
10 Superintendent, amend the petition in all respects (except
11 that there may not be an increase or decrease of more than
12 25% of the territory to be included in the proposed
13 district), and may make binding stipulations on behalf of all
14 petitioners as to any question with respect to the petition
15 or hearing and the Regional Superintendent may accept such
16 stipulation instead of evidence or proof of the matter
17 stipulated, which committee of petitioners may stipulate to
18 accountings or waiver thereof between school districts;
19 however, the Regional Superintendent may refuse to accept
20 such stipulation; those designated as the Committee of Ten
21 shall serve in such capacity until such time as the Regional
22 Superintendent should determine that, because of death,
23 resignation, transfer of residency from the territory,
24 failure to qualify or for any other reason, the office of a
25 particular member of the Committee is vacant. Failure of a
26 person designated as a member of the Committee of Ten to sign
27 the petition, whether filed prior or subsequent to September
28 23, 1983 (the effective date of P.A. 83-686), shall not
29 disqualify such person as a member thereof and such person
30 may sign the petition at any time prior to final disposition
31 of the petition and the conclusion of the proceedings to form
32 a unit district, including all litigation pertaining to the
33 petition or proceedings. Upon determination by the Regional
34 Superintendent that such vacancies exist, he shall so declare
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1 such vacancies and shall notify the remaining members to
2 appoint a petitioner or petitioners, as the case may be, to
3 fill the vacancies in the Committee of Ten so designated.
4 Such appointment by the Committee of Ten of any such new
5 membership shall be made by a simple majority vote of the
6 designated remaining members. The Committee of Ten shall
7 act, unless otherwise herein specified, by majority vote of
8 the membership. The Committee of Ten may voluntarily dismiss
9 their petition at any time before the final decision of the
10 Regional Superintendent.
11 The petition may request that the referendum at which the
12 proposition is submitted for the purpose of voting for or
13 against the establishment of a community unit school district
14 include as part of the proposition the election of board
15 members by school board district rather than at large. Any
16 petition requesting the election of board members by district
17 shall divide the proposed school district into 7 school board
18 districts, each of which must be compact and contiguous and
19 substantially equal in population to each other school board
20 district. Any election of board members by school board
21 district shall proceed under the supervision of the Regional
22 Superintendent as provided in Section 11A-8. The Committee of
23 Ten may amend any petition approved by the Regional
24 Superintendent and State Superintendent of Education prior to
25 July 29, 1988 to include as part of the proposition the
26 election of board members by district as provided above. The
27 Regional Superintendent shall, following approval by the
28 State Superintendent of Education, submit the proposition as
29 provided in the amended petition to the appropriate election
30 authorities.
31 The petition may request that if the proposition to
32 create a community unit school district is submitted to the
33 voters at the consolidated election which occurs in April of
34 odd-numbered years, at the general primary election which
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1 occurs in March of even-numbered years, at the nonpartisan
2 election which occurs in November of odd-numbered years, or
3 at the general election which occurs in November of
4 even-numbered years, that at that same election a board of
5 education be elected on a separate ballot to serve as the
6 board of education of the proposed new district. Any
7 election of board members at the same election at which the
8 proposition to create the district to be served by that board
9 is submitted to the voters shall proceed under the
10 supervision of the Regional Superintendent as provided in
11 Section 11A-8.
12 The petition may also request that the referendum at
13 which the proposition shall be submitted for the purpose of
14 voting for or against the establishment of a community unit
15 school district in the territory include a proposition on a
16 separate ballot authorizing the issuance of bonds by the
17 district when organized, in accordance with this Act. The
18 principal amount of the bonds and the purposes of issuance
19 shall be stated in such petition and in all notices and
20 propositions submitted thereunder.
21 A petition to form a new community unit school district
22 from the entire territory of 2 or more school districts may
23 also request that the bonded indebtedness of each existing
24 school district be assumed by the entire territory of the new
25 community unit school district in the manner provided by
26 subsection (b) of Section 11A-12.
27 Upon the filing of a petition with the Regional
28 Superintendent of the Region in which the greater portion of
29 the equalized assessed valuation of the territory described
30 in the petition lies, the Regional Superintendent shall cause
31 a copy of such petition to be given to each board of any
32 district involved in the proposed formation of the new
33 district and shall cause a notice thereof to be published at
34 least once each week for 3 successive weeks in at least one
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1 newspaper having general circulation within the area of the
2 territory of the proposed district. The notice shall state
3 when and to whom the petition was presented, the description
4 of the territory of the proposed district, if requested in
5 the petition a statement of the proposition to issue bonds
6 and indicating the amount and purpose thereof, and the day on
7 which the hearing upon the petition will be held. Not more
8 than 30 days after the publication of notice the Regional
9 Superintendent shall hold a hearing on the petition.
10 Upon the Regional Superintendent determining that the
11 petition, as filed or amended, is proper and is in compliance
12 with any applicable petition requirements set forth in the
13 Election Code, he shall hear evidence as to the school needs
14 and conditions of the territory and in the area within and
15 adjacent thereto and take into consideration the division of
16 funds and assets which will result from the organization of
17 the district, and shall determine whether it is for the best
18 interests of the schools of the area and the educational
19 welfare of the pupils therein that such district be
20 organized.
21 At the hearing, any resident in the proposed district or
22 any district affected thereby may appear in support of the
23 petition or to object thereto. The Regional Superintendent
24 may adjourn the hearing from time to time. Within 14 days
25 after the conclusion of the hearing the Regional
26 Superintendent shall make a decision either approving or
27 denying the petition. Upon the Regional Superintendent
28 approving or denying the petition he shall submit the
29 petition and all evidence submitted to the State
30 Superintendent of Education who shall, within 30 days after
31 the decision of the Regional Superintendent, approve or deny
32 the petition according to the following criteria:
33 He shall review the entire record of the proceedings had
34 before the Regional Superintendent, including the transcript
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1 of said proceedings, and based upon a review of the same
2 shall take into consideration:
3 (1) whether the proposed district will have
4 sufficient size (pupil enrollment) and financial
5 resources (assessed valuation) to provide and maintain a
6 recognized educational program for grades kindergarten
7 through 12;
8 (2) whether the proposed school district is for the
9 best interests of the schools of the area and the
10 educational welfare of the pupils therein; and
11 (3) whether the territory for the proposed school
12 district is compact and contiguous for school purposes.
13 If the State Superintendent of Education denies the
14 petition the reasons for such denial shall be communicated to
15 appropriate groups, agencies or instrumentalities
16 representing the petitioners.
17 If a majority of the voters in at least 2 community unit
18 school districts have voted in favor of a proposition to
19 create a new community unit school district, but the
20 proposition was not approved under the standards set forth in
21 Section 11A-8 of the School Code, then the members of the
22 Committee of Ten shall submit an amended petition for
23 consolidation to the boards of education of those districts
24 as long as the territory involved is compact and contiguous.
25 The petition submitted to the boards of education shall be
26 identical in form and substance to the petition previously
27 approved by the Regional Superintendent of Schools with the
28 sole exception that the territory comprising the proposed
29 district shall be amended to include the compact and
30 contiguous territory of those community unit school districts
31 in which a majority of the voters voted in favor of the
32 proposal.
33 Each board of education to which the petition is
34 submitted shall meet and vote to approve or not approve the
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1 amended petition no more than 30 days after it has been filed
2 with the board. The Regional Superintendent shall make
3 available to each board of education with which a petition
4 has been filed all transcripts and records of the previous
5 petition hearing. The boards of education shall, by the
6 appropriate resolution, approve or disapprove the amended
7 petition. No board of education may approve an amended
8 petition unless it first finds that the territory described
9 in the petition is compact and contiguous.
10 If a majority of the members of each board of education
11 to whom a petition is submitted votes in favor of the amended
12 petition, the approved petition shall be transmitted by the
13 secretary of each board of education to the State
14 Superintendent of Education who shall, within 30 days of
15 receipt, approve or deny the amended petition based on the
16 criteria stated in this Section which governed the State
17 Superintendent of Education in his initial review of the
18 petition. If approved by the State Superintendent of
19 Education, the petition shall be placed on the ballot at the
20 next regularly scheduled election.
21 (Source: P.A. 87-10; 87-185; 87-839; 87-1270; 88-555, eff.
22 7-27-94.)
23 (105 ILCS 5/11B-3) (from Ch. 122, par. 11B-3)
24 Sec. 11B-3. Petition filing; notice; hearing; decision.
25 A petition shall be filed with the Regional Superintendent of
26 the region in which the territory described in the petition
27 or the greater portion of the equalized assessed valuation of
28 the territory is situated, signed by at least 10% of the
29 voters residing within each district included in the
30 territory or filed by the boards of each school district
31 affected. The petition shall: (1) request the submission of
32 the proposition at a regular scheduled election for the
33 purpose of voting for or against the establishment of a
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1 combined school district in the territory; (2) describe the
2 territory comprising the proposed district by districts; (3)
3 set forth the maximum tax rates for educational, operations
4 and maintenance and the purchase and improvements of school
5 grounds, pupil transportation and fire prevention and safety
6 purposes the proposed district shall be authorized to levy;
7 and (4) designate a committee of 10 of the petitioners, any 7
8 of whom may at any time prior to the regional
9 superintendent's final decision amend the petition in all
10 respects and make binding stipulations on behalf of all
11 petitioners as to any question with respect to the petition
12 or hearing, including stipulations for accountings or the
13 waiver thereof between school districts. The regional
14 superintendent who is required to hold a hearing on the
15 petition as provided in this Section may accept any such
16 stipulation instead of evidence or proof of the matter
17 stipulated or may refuse to accept the stipulation. Those
18 designated as the Committee of Ten shall serve in that
19 capacity until such time as the regional superintendent
20 determines that because of death, resignation, transfer of
21 residency from the territory, failure to qualify or any other
22 reason the office of a particular member of the Committee is
23 vacant. Failure of a person designated as a member of the
24 Committee of Ten to sign the petition shall not disqualify
25 that person as a member thereof, and that person may sign the
26 petition at any time prior to final disposition of the
27 petition and the conclusion of the proceedings to form the
28 new combined school district, including all litigation
29 pertaining to the petition or proceedings. Upon
30 determination by the regional superintendent that vacancies
31 exist, he shall declare the vacancies and shall notify the
32 remaining members to appoint a petitioner or petitioners, as
33 the case may be, to fill the vacancies in the Committee of
34 Ten so designated. An appointment by the Committee of Ten to
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1 fill any such vacancy shall be made by a simple majority vote
2 of the designated remaining members. The Committee of Ten
3 shall act, unless otherwise herein specified, by majority
4 vote of the membership. The Committee of Ten may voluntarily
5 dismiss their petition at any time before the final decision
6 of the Regional Superintendent.
7 The petition may request that if the proposition to
8 create a combined school district is submitted to the voters
9 at the consolidated election which occurs in April of
10 odd-numbered years, at the general primary election which
11 occurs in March of even-numbered years, at the nonpartisan
12 election which occurs in November of odd-numbered years, or
13 at the general election which occurs in November of
14 even-numbered years, that at that same election a board of
15 education be elected on a separate ballot to serve as the
16 board of education of the proposed new district. Any
17 election of board members at the same election at which the
18 proposition to create the district to be served by that board
19 is submitted to the voters shall proceed under the
20 supervision of the Regional Superintendent as provided in
21 Section 11B-7.
22 The petition may also request that the referendum include
23 a proposition on a separate ballot authorizing the issuance
24 of bonds by the district when organized in accordance with
25 this Article. The principal amount of the bonds and the
26 purposes of the issuance shall be stated in the petition and
27 in all notices and propositions submitted thereunder.
28 Upon the filing of a petition with the Regional
29 Superintendent under the provisions of Section 11B-2 of this
30 Article, the Regional Superintendent shall cause a copy of
31 such petition to be given to each board of any district
32 involved in the proposed formation of the new district and
33 shall cause a notice thereof to be published at least once
34 each week for 3 successive weeks in at least one newspaper
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1 having general circulation within the area of the territory
2 of the proposed district. The notice shall state when and to
3 whom the petition was presented, the description of the
4 territory of the proposed district, and the day on which the
5 hearing upon the petition will be held. Not more than 30
6 days after the publication of notice, the Regional
7 Superintendent shall hold a hearing on the petition. Prior
8 to the hearing, the petitioners shall submit to the Regional
9 Superintendent maps showing the districts involved, and any
10 other information pertinent to the proposed formation of a
11 new district. The reports and maps submitted shall be made a
12 part of the records of the proceedings of the Regional
13 Superintendent. A copy of the reports and maps submitted
14 shall be sent to the board of each district involved, not
15 less than 5 days prior to the date upon which the hearing is
16 to be held. The Regional Superintendent shall hear evidence
17 as to the school needs and conditions in the territory which
18 will form the proposed new district and as to the ability of
19 the proposed new district to meet the standards of
20 recognition as prescribed by the State Board of Education.
21 At the hearing, any resident in the territory described
22 in the petition may appear in person or by an attorney in
23 support of the petition or to object to the granting of the
24 petition and may present evidence in support of his position.
25 At the conclusion of the hearing, the Regional Superintendent
26 of schools shall within 14 days enter an order either
27 granting or denying the petition and shall deliver to any
28 attorney of record and affected school board a copy of his
29 order. Upon the Regional Superintendent approving or denying
30 the petition he shall submit the petition and all evidence
31 submitted to the State Superintendent of Education for
32 review. The Superintendent shall, within 30 days after the
33 decision of the Regional Superintendent, approve or deny the
34 petition according to the following criteria:
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1 He shall review the entire record of the proceedings had
2 before the Regional Superintendent, including the transcript
3 of said proceedings, and based upon a review of the same
4 shall take into consideration:
5 (1) whether the proposed district will have
6 sufficient size (pupil enrollment) and financial
7 resources (assessed valuation) to provide and maintain a
8 recognized educational program for the proposed school
9 district;
10 (2) whether the proposed school district is for the
11 best interests of schools of the area and the educational
12 welfare of the pupils therein; and
13 (3) whether the territory for the proposed school
14 district is compact and contiguous for school purposes.
15 If the State Superintendent of Education denies the
16 petition the reasons for such denial shall be communicated to
17 appropriate groups, agencies or instrumentalities
18 representing the petitioners and no further proceedings shall
19 be had.
20 (Source: P.A. 87-10; 87-107; 87-839; 87-1270.)
21 (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
22 Sec. 33-1. Board of Education - Election - Terms. In
23 all school districts, including special charter districts
24 having a population of 100,000 and not more than 500,000,
25 which adopt this Article, as hereinafter provided, there
26 shall be maintained a system of free schools in charge of a
27 board of education, which shall be a body politic and
28 corporate by the name of "Board of Education of the City
29 of....". The board shall consist of 7 members elected by the
30 voters of the district. Except as provided in Section 33-1b
31 of this Act, The regular election for members of the board
32 shall be held at the consolidated election and at the general
33 primary election on the first Tuesday of April in odd
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1 numbered years and on the third Tuesday of March in even
2 numbered years. The law governing the registration of voters
3 for the primary election shall apply to the regular election.
4 At the first regular election 7 persons shall be elected as
5 members of the board. The person who receives the greatest
6 number of votes shall be elected for a term of 5 years. The
7 2 persons who receive the second and third greatest number of
8 votes shall be elected for a term of 4 years. The person who
9 receives the fourth greatest number of votes shall be elected
10 for a term of 3 years. The 2 persons who receive the fifth
11 and sixth greatest number of votes shall be elected for a
12 term of 2 years. The person who receives the seventh
13 greatest number of votes shall be elected for a term of 1
14 year. Thereafter, at each regular election for members of the
15 board, the successors of the members whose terms expire in
16 the year of election shall be elected for a term of 5 years.
17 All terms shall commence on July 1 next succeeding the
18 elections. Any vacancy occurring in the membership of the
19 board shall be filled by appointment until the next regular
20 election for members of the board.
21 In any school district which has adopted this Article, a
22 proposition for the election of board members by school board
23 district rather than at large may be submitted to the voters
24 of the district at the regular school election of any year in
25 the manner provided in Section 9-22. If the proposition is
26 approved by a majority of those voting on the propositions,
27 the board shall divide the school district into 7 school
28 board districts as provided in Section 9-22. At the regular
29 school election in the year following the adoption of such
30 proposition, one member shall be elected from each school
31 board district, and the 7 members so elected shall, by lot,
32 determine one to serve for one year, 2 for 2 years, one for 3
33 years, 2 for 4 years, and one for 5 years. Thereafter their
34 respective successors shall be elected for terms of 5 years.
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1 The terms of all incumbent members expire July 1 of the year
2 following the adoption of such a proposition.
3 Any school district which has adopted this Article may,
4 by referendum in accordance with Section 33-1a, adopt the
5 method of electing members of the board of education provided
6 in that Section.
7 Reapportionment of the voting districts provided for in
8 this Article or created pursuant to a court order, shall be
9 completed pursuant to Section 33-1c.
10 (Source: P.A. 82-1014; 86-1331.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.