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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1489 Introduced 2/7/2023, by Sen. Tom Bennett SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/2A-1.2 | from Ch. 46, par. 2A-1.2 | 10 ILCS 5/2A-56 new | | 10 ILCS 5/10-6 | from Ch. 46, par. 10-6 | 10 ILCS 5/10-9 | from Ch. 46, par. 10-9 | 10 ILCS 5/22-1 | from Ch. 46, par. 22-1 | 10 ILCS 5/22-7 | from Ch. 46, par. 22-7 | 105 ILCS 5/1A-1 | from Ch. 122, par. 1A-1 | 105 ILCS 5/1A-2 | from Ch. 122, par. 1A-2 | 105 ILCS 5/1A-2.1 | from Ch. 122, par. 1A-2.1 | 105 ILCS 5/1A-4 | from Ch. 122, par. 1A-4 |
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Amends the Election Code and the School Code. Provides for 5 new members of the State Board of Education to be elected at the general election in 2024 and every 4 years thereafter (now, the Board consists of 8 members appointed by the Governor with the advice and consent of the Senate). Provides that one member shall be elected from each judicial district. Provides that the 5 members shall be elected on a nonpartisan basis. Provides that each of these members shall serve for a term of 4 years. Specifies qualifications to be an elected member. Makes related changes. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Election Code is amended by changing |
5 | | Sections 2A-1.2, 10-6, 10-9, 22-1, and 22-7 and by adding |
6 | | Section 2A-56 as follows:
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7 | | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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8 | | Sec. 2A-1.2. Consolidated schedule of elections; offices |
9 | | designated.
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10 | | (a) At the general election in the appropriate |
11 | | even-numbered years, the
following offices shall be filled or |
12 | | shall be on the ballot as otherwise
required by this Code:
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13 | | (1) Elector of President and Vice President of the |
14 | | United States.
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15 | | (2) United States Senator and United States |
16 | | Representative.
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17 | | (3) State Executive Branch elected officers.
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18 | | (4) State Senator and State Representative.
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19 | | (5) County elected officers, including State's |
20 | | Attorney, County Board
member, County Commissioners, and |
21 | | elected President of the County Board or
County Chief |
22 | | Executive.
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23 | | (6) Circuit Court Clerk.
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1 | | (7) Regional Superintendent of Schools, except in |
2 | | counties or
educational service regions in which that |
3 | | office has been abolished.
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4 | | (8) Judges of the Supreme, Appellate and Circuit |
5 | | Courts, on the question
of retention, to fill vacancies |
6 | | and newly created judicial offices.
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7 | | (9) (Blank).
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8 | | (10) Trustee of the Metropolitan Water Reclamation |
9 | | District of Greater Chicago, and elected
Trustee of other |
10 | | Sanitary Districts.
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11 | | (11) Special District elected officers, not otherwise |
12 | | designated in this
Section, where the statute creating or |
13 | | authorizing the creation of
the district requires an |
14 | | annual election and permits or requires election
of |
15 | | candidates of political parties. |
16 | | (12) Beginning with the 2024 general election, the |
17 | | elected members of the Chicago Board of Education; the |
18 | | election of members of the Chicago Board of Education |
19 | | shall be a nonpartisan
election as provided for under this |
20 | | Code and may be conducted on
a separate ballot.
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21 | | (13) Beginning on November 5, 2024, 5 members of the |
22 | | State Board of Education. |
23 | | (b) At the general primary election:
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24 | | (1) in each even-numbered year candidates of political |
25 | | parties shall be
nominated for those offices to be filled |
26 | | at the general election in that
year, except where |
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1 | | pursuant to law nomination of candidates of political
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2 | | parties is made by caucus.
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3 | | (2) in the appropriate even-numbered years the |
4 | | political party offices of
State central committeeperson, |
5 | | township committeeperson, ward committeeperson, and
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6 | | precinct committeeperson shall be filled and delegates and |
7 | | alternate delegates
to the National nominating conventions |
8 | | shall be elected as may be required
pursuant to this Code. |
9 | | In the even-numbered years in which a Presidential
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10 | | election is to be held, candidates in the Presidential |
11 | | preference primary
shall also be on the ballot.
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12 | | (3) in each even-numbered year, where the municipality |
13 | | has provided for
annual elections to elect municipal |
14 | | officers pursuant to Section 6(f) or
Section 7 of Article |
15 | | VII of the Constitution, pursuant to the Illinois
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16 | | Municipal Code or pursuant to the municipal charter, the |
17 | | offices of such
municipal officers shall be filled at an |
18 | | election held on the date of the
general primary election, |
19 | | provided that the municipal election shall be a
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20 | | nonpartisan election where required by the Illinois |
21 | | Municipal Code. For
partisan municipal elections in |
22 | | even-numbered years, a primary to nominate
candidates for |
23 | | municipal office to be elected at the general primary
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24 | | election shall be held on the Tuesday 6 weeks preceding |
25 | | that election.
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26 | | (4) in each school district which has adopted the |
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1 | | provisions of
Article 33 of the School Code, successors to |
2 | | the members of the board
of education whose terms expire |
3 | | in the year in which the general primary is
held shall be |
4 | | elected.
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5 | | (c) At the consolidated election in the appropriate |
6 | | odd-numbered years,
the following offices shall be filled:
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7 | | (1) Municipal officers, provided that in |
8 | | municipalities in which
candidates for alderperson or |
9 | | other municipal office are not permitted by law
to be |
10 | | candidates of political parties, the runoff election where |
11 | | required
by law, or the nonpartisan election where |
12 | | required by law, shall be held on
the date of the |
13 | | consolidated election; and provided further, in the case |
14 | | of
municipal officers provided for by an ordinance |
15 | | providing the form of
government of the municipality |
16 | | pursuant to Section 7 of Article VII of the
Constitution, |
17 | | such offices shall be filled by election or by runoff
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18 | | election as may be provided by such ordinance;
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19 | | (2) Village and incorporated town library directors;
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20 | | (3) City boards of stadium commissioners;
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21 | | (4) Commissioners of park districts;
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22 | | (5) Trustees of public library districts;
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23 | | (6) Special District elected officers, not otherwise |
24 | | designated in this
Section, where the statute creating or |
25 | | authorizing the creation of the district
permits or |
26 | | requires election of candidates of political parties;
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1 | | (7) Township officers, including township park |
2 | | commissioners, township
library directors, and boards of |
3 | | managers of community buildings, and
Multi-Township |
4 | | Assessors;
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5 | | (8) Highway commissioners and road district clerks;
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6 | | (9) Members of school boards in school districts which |
7 | | adopt Article 33
of the School Code;
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8 | | (10) The directors and chair of the Chain O Lakes - Fox |
9 | | River Waterway
Management Agency;
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10 | | (11) Forest preserve district commissioners elected |
11 | | under Section 3.5 of
the Downstate Forest Preserve |
12 | | District Act;
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13 | | (12) Elected members of school boards, school |
14 | | trustees, directors of
boards of school directors, |
15 | | trustees of county boards of school trustees
(except in |
16 | | counties or educational service regions having a |
17 | | population
of 2,000,000 or more inhabitants) and members |
18 | | of boards of school inspectors,
except school boards in |
19 | | school
districts that adopt Article 33 of the School Code;
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20 | | (13) Members of Community College district boards;
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21 | | (14) Trustees of Fire Protection Districts;
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22 | | (15) Commissioners of the Springfield Metropolitan |
23 | | Exposition and
Auditorium
Authority;
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24 | | (16) Elected Trustees of Tuberculosis Sanitarium |
25 | | Districts;
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26 | | (17) Elected Officers of special districts not |
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1 | | otherwise designated in
this Section for which the law |
2 | | governing those districts does not permit
candidates of |
3 | | political parties.
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4 | | (d) At the consolidated primary election in each |
5 | | odd-numbered year,
candidates of political parties shall be |
6 | | nominated for those offices to be
filled at the consolidated |
7 | | election in that year, except where pursuant to
law nomination |
8 | | of candidates of political parties is made by caucus, and
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9 | | except those offices listed in paragraphs (12) through (17) of |
10 | | subsection
(c).
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11 | | At the consolidated primary election in the appropriate |
12 | | odd-numbered years,
the mayor, clerk, treasurer, and |
13 | | alderpersons shall be elected in
municipalities in which
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14 | | candidates for mayor, clerk, treasurer, or alderperson are not |
15 | | permitted by
law to be candidates
of political parties, |
16 | | subject to runoff elections to be held at the
consolidated |
17 | | election as may be required
by law, and municipal officers |
18 | | shall be nominated in a nonpartisan election
in municipalities |
19 | | in which pursuant to law candidates for such office are
not |
20 | | permitted to be candidates of political parties.
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21 | | At the consolidated primary election in the appropriate |
22 | | odd-numbered years,
municipal officers shall be nominated or |
23 | | elected, or elected subject to
a runoff, as may be provided by |
24 | | an ordinance providing a form of government
of the |
25 | | municipality pursuant to Section 7 of Article VII of the |
26 | | Constitution.
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1 | | (e) (Blank).
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2 | | (f) At any election established in Section 2A-1.1, public |
3 | | questions may
be submitted to voters pursuant to this Code and |
4 | | any special election
otherwise required or authorized by law |
5 | | or by court order may be conducted
pursuant to this Code.
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6 | | Notwithstanding the regular dates for election of officers |
7 | | established
in this Article, whenever a referendum is held for |
8 | | the establishment of
a political subdivision whose officers |
9 | | are to be elected, the initial officers
shall be elected at the |
10 | | election at which such referendum is held if otherwise
so |
11 | | provided by law. In such cases, the election of the initial |
12 | | officers
shall be subject to the referendum.
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13 | | Notwithstanding the regular dates for election of |
14 | | officials established
in this Article, any community college |
15 | | district which becomes effective by
operation of law pursuant |
16 | | to Section 6-6.1 of the Public Community College
Act, as now or |
17 | | hereafter amended, shall elect the initial district board
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18 | | members at the next regularly scheduled election following the |
19 | | effective
date of the new district.
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20 | | (g) At any election established in Section 2A-1.1, if in |
21 | | any precinct
there are no offices or public questions required |
22 | | to be on the ballot under
this Code then no election shall be |
23 | | held in the precinct on that date.
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24 | | (h) There may be conducted a
referendum in accordance with |
25 | | the provisions of Division 6-4 of the
Counties Code.
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26 | | (Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22; |
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1 | | 102-558, eff. 8-20-21; 102-691, eff. 12-17-21 .) |
2 | | (10 ILCS 5/2A-56 new) |
3 | | Sec. 2A-56. State Board of Education; time of election. |
4 | | Five members of the State Board of Education shall be elected |
5 | | at the general election in 2024 and at the general election |
6 | | every 4 years thereafter.
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7 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
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8 | | Sec. 10-6. Time and manner of filing. Except as otherwise |
9 | | provided in this Code, certificates
of
nomination and |
10 | | nomination papers for the nomination of candidates for
offices |
11 | | to be filled by electors of the entire State, or any district
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12 | | not entirely within a county, or for congressional, state |
13 | | legislative , or
judicial offices , or for elected members of |
14 | | the State Board of Education , shall be presented to the |
15 | | principal office of the
State Board of Elections not more than |
16 | | 141 nor less than 134
days previous
to the day of election for |
17 | | which the candidates are nominated. The
State Board of |
18 | | Elections shall endorse the certificates of nomination or
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19 | | nomination papers, as the case may be, and the date and hour of
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20 | | presentment to it. Except as otherwise provided in this Code, |
21 | | all
other certificates for the nomination of candidates shall |
22 | | be filed with
the county clerk of the respective counties not |
23 | | more than 141 but at
least 134 days previous to the day of such |
24 | | election. Certificates of nomination and nomination papers for |
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1 | | the nomination of candidates for school district offices to be |
2 | | filled at consolidated elections shall be filed with the |
3 | | county clerk or county board of election commissioners of the |
4 | | county in which the principal office of the school district is |
5 | | located not more than 113 nor less than 106 days before the |
6 | | consolidated election. Except as otherwise provided in this |
7 | | Code, certificates
of
nomination and nomination papers for the |
8 | | nomination of candidates for
the other offices of political |
9 | | subdivisions to be filled at regular elections
other than the |
10 | | general election shall be filed with the local election
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11 | | official of such subdivision:
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12 | | (1) (Blank);
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13 | | (2) not more than 113 nor less than 106 days prior to |
14 | | the
consolidated
election; or
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15 | | (3) not more than 113 nor less than 106 days prior to |
16 | | the general
primary in the case of municipal offices to be |
17 | | filled at the general
primary election; or
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18 | | (4) not more than 99 nor less than 92 days before the
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19 | | consolidated
primary in the case of municipal offices to |
20 | | be elected on a nonpartisan
basis pursuant to law |
21 | | (including without limitation, those municipal
offices |
22 | | subject to Articles 4 and 5 of the Municipal Code); or
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23 | | (5) not more than 113 nor less than 106 days before the |
24 | | municipal
primary in even numbered years for such |
25 | | nonpartisan municipal offices
where annual elections are |
26 | | provided; or
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1 | | (6) in the case of petitions for the office of |
2 | | multi-township assessor,
such petitions shall be filed |
3 | | with the election authority not more than
113 nor less |
4 | | than 106 days before the consolidated election.
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5 | | However, where a political subdivision's boundaries are |
6 | | co-extensive
with or are entirely within the jurisdiction of a |
7 | | municipal board of
election commissioners, the certificates of |
8 | | nomination and nomination
papers for candidates for such |
9 | | political subdivision offices shall be filed
in the office of |
10 | | such Board.
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11 | | (Source: P.A. 102-15, eff. 6-17-21.)
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12 | | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
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13 | | Sec. 10-9. The following electoral boards are designated |
14 | | for the
purpose of hearing and passing upon the objector's |
15 | | petition described in
Section 10-8.
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16 | | 1. The State Board of Elections will hear and pass |
17 | | upon objections
to the nominations of candidates for State |
18 | | offices, nominations of candidates for the elected members |
19 | | of the State Board of Education,
nominations of candidates |
20 | | for congressional or legislative offices that are in more |
21 | | than one county or are wholly located within a single |
22 | | county with a population of less than 3,000,000 and |
23 | | judicial
offices of districts, subcircuits, or circuits |
24 | | situated in more than one county, nominations
of |
25 | | candidates for the offices of State's attorney or regional |
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1 | | superintendent
of schools to be elected from more than one |
2 | | county, and petitions for
proposed amendments to the |
3 | | Constitution of the State of Illinois as
provided for in |
4 | | Section 3 of Article XIV of the Constitution.
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5 | | 2. The county officers electoral board of a county |
6 | | with a population of less than 3,000,000 to hear and pass |
7 | | upon
objections to the nominations of candidates for |
8 | | county offices and judicial offices of a district, |
9 | | subcircuit, or
circuit coterminous with or less than a |
10 | | county, for any school district offices, for the office of |
11 | | multi-township assessor where candidates for
such office |
12 | | are nominated in accordance with this Code, and for all |
13 | | special
district offices, shall be composed of the county |
14 | | clerk, or an assistant
designated by the county clerk, the |
15 | | State's attorney of the county or
an Assistant State's |
16 | | Attorney designated by the State's Attorney, and the
clerk |
17 | | of the circuit court, or an assistant designated by the |
18 | | clerk of
the circuit court, of the county, of whom the |
19 | | county clerk or his designee
shall be the chair, except |
20 | | that in any county which has established a
county board of |
21 | | election commissioners that board
shall constitute the |
22 | | county officers electoral board ex-officio. If a school |
23 | | district is located in 2 or more counties, the county |
24 | | officers electoral board of the county in which the |
25 | | principal office of the school district is located shall |
26 | | hear and pass upon objections to nominations of candidates |
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1 | | for school district office in that school district.
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2 | | 2.5. The county officers electoral board of a county |
3 | | with a population of 3,000,000 or more to hear and
pass |
4 | | upon objections to the nominations of candidates for |
5 | | county offices, candidates for congressional and |
6 | | legislative offices if the district is wholly within a |
7 | | county with a population of 3,000,000 or more, unless the |
8 | | district is wholly or partially within the jurisdiction of |
9 | | a municipal board of election commissioners, and judicial |
10 | | offices of a district, subcircuit, or circuit coterminous |
11 | | with or less than a county, for any school district |
12 | | offices, for the office of multi-township assessor where |
13 | | candidates for such office are nominated in accordance |
14 | | with this Code, and for all special district offices, |
15 | | shall be composed of the county clerk, or an assistant |
16 | | designated by the county clerk, the State's Attorney of |
17 | | the county or an Assistant State's Attorney designated by |
18 | | the State's Attorney, and the clerk of the circuit court, |
19 | | or an assistant designated by the clerk of the circuit |
20 | | court, of the county, of whom the county clerk or his |
21 | | designee shall be the chair, except that, in any county |
22 | | which has established a county board of election |
23 | | commissioners, that board shall constitute the county |
24 | | officers electoral board ex-officio. If a school district |
25 | | is located in 2 or more counties, the county officers |
26 | | electoral board of the county in which the principal |
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1 | | office of the school district is located shall hear and |
2 | | pass upon objections to nominations of candidates for |
3 | | school district office in that school district. |
4 | | 3. The municipal officers electoral board to hear and |
5 | | pass upon
objections to the nominations of candidates for |
6 | | officers of
municipalities shall be composed of the mayor |
7 | | or president of the board
of trustees of the city, village |
8 | | or incorporated town, and the city,
village or |
9 | | incorporated town clerk, and one member of the city |
10 | | council
or board of trustees, that member being designated |
11 | | who is eligible to
serve on the electoral board and has |
12 | | served the
greatest number of years as a member of the city |
13 | | council or board of
trustees, of whom the mayor or |
14 | | president of the board of trustees shall
be the chair.
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15 | | 4. The township officers electoral board to pass upon |
16 | | objections to
the nominations of township officers shall |
17 | | be composed of the township
supervisor, the town clerk, |
18 | | and that eligible town trustee elected in the
township who |
19 | | has had the longest term of continuous service as town
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20 | | trustee, of whom the township supervisor shall be the |
21 | | chair.
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22 | | 5. The education officers electoral board to hear and |
23 | | pass upon
objections to the nominations of candidates for |
24 | | offices in
community college districts shall be composed |
25 | | of the presiding officer of
the community college district |
26 | | board, who shall be the chair,
the secretary of the |
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1 | | community college district board and the
eligible elected |
2 | | community college board member who has the
longest term of |
3 | | continuous service as a board member.
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4 | | 6. In all cases, however, where the Congressional, |
5 | | Legislative, or Representative
district is wholly or |
6 | | partially within the jurisdiction of a single municipal |
7 | | board of election
commissioners in Cook County and in all |
8 | | cases where the school district or special
district is |
9 | | wholly within the jurisdiction of a municipal board of
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10 | | election commissioners and in all cases where the |
11 | | municipality or
township is wholly or partially within the |
12 | | jurisdiction of a municipal
board of election |
13 | | commissioners, the board of election commissioners
shall |
14 | | ex-officio constitute the electoral board.
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15 | | For special districts situated in more than one county, |
16 | | the county officers
electoral board of the county in which the |
17 | | principal office of the district
is located has jurisdiction |
18 | | to hear and pass upon objections. For purposes
of this |
19 | | Section, "special districts" means all political subdivisions |
20 | | other
than counties, municipalities, townships and school and |
21 | | community college
districts.
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22 | | In the event that any member of the appropriate board is a |
23 | | candidate
for the office with relation to which the objector's |
24 | | petition is filed,
he shall not be eligible to serve on that |
25 | | board and shall not act as
a member of the board and his place |
26 | | shall be filled as follows:
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1 | | a. In the county officers electoral board by the |
2 | | county
treasurer, and if he or she is ineligible to serve, |
3 | | by the sheriff of the
county.
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4 | | b. In the municipal officers electoral board by the |
5 | | eligible
elected city council or board of trustees member |
6 | | who has served the second
greatest number of years as a |
7 | | city council or board of trustees member.
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8 | | c. In the township officers electoral board by the |
9 | | eligible
elected town trustee who has had the second |
10 | | longest term of continuous service
as a town trustee.
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11 | | d. In the education officers electoral board by the |
12 | | eligible
elected community college district board member |
13 | | who has had the
second longest term of continuous service |
14 | | as a board member.
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15 | | In the event that the chair of the electoral board is |
16 | | ineligible
to act because of the fact that he or she is a |
17 | | candidate for the office with
relation to which the objector's |
18 | | petition is filed, then the substitute
chosen under the |
19 | | provisions of this Section shall be the chair; In
this case, |
20 | | the officer or board with whom the objector's petition is
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21 | | filed, shall transmit the certificate of nomination or |
22 | | nomination papers
as the case may be, and the objector's |
23 | | petition to the substitute chair
of the electoral board.
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24 | | When 2 or more eligible individuals, by reason of their |
25 | | terms of service
on a city council or board of trustees, |
26 | | township board of
trustees, or community college district |
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1 | | board, qualify to serve
on an electoral board, the one to serve |
2 | | shall be chosen by lot.
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3 | | Any vacancies on an electoral board not otherwise filled |
4 | | pursuant to this
Section shall be filled by public members |
5 | | appointed by the Chief Judge of
the Circuit Court for the |
6 | | county wherein the electoral board hearing is
being held upon |
7 | | notification to the Chief Judge of such
vacancies. The Chief |
8 | | Judge shall be so notified by a member of the electoral
board |
9 | | or the officer or board with whom the objector's petition was |
10 | | filed.
In the event that none of the individuals designated by |
11 | | this Section to
serve on the electoral board are eligible, the |
12 | | chair of an electoral
board shall be designated by the Chief |
13 | | Judge.
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14 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
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15 | | (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
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16 | | Sec. 22-1. Abstracts of votes. Within 21 days after the
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17 | | close of the
election at which candidates for offices |
18 | | hereinafter named in this Section are
voted upon, the election |
19 | | authorities of the respective counties shall open the returns |
20 | | and make abstracts of
the votes on a separate sheet for each of |
21 | | the following:
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22 | | A. For Governor and Lieutenant Governor;
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23 | | B. For State officers;
|
24 | | C. For presidential electors;
|
25 | | D. For United States Senators and Representatives to |
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1 | | Congress;
|
2 | | E. For judges of the Supreme Court;
|
3 | | F. For judges of the Appellate Court;
|
4 | | G. For judges of the circuit court;
|
5 | | H. For Senators and Representatives to the General |
6 | | Assembly;
|
7 | | I. For State's Attorneys elected from 2 or more |
8 | | counties;
|
9 | | J. For amendments to the Constitution, and for other |
10 | | propositions
submitted to the electors of the entire |
11 | | State;
|
12 | | K. For county officers and for propositions submitted |
13 | | to the
electors of the county only;
|
14 | | L. For Regional Superintendent of Schools;
|
15 | | M. For trustees of Sanitary Districts; and
|
16 | | N. For Trustee of a Regional Board of School Trustees ; |
17 | | and .
|
18 | | O. For elected members of the State Board of |
19 | | Education. |
20 | | Each sheet shall report the returns by precinct or ward. |
21 | | Multiple originals of each of the sheets shall be prepared |
22 | | and one of
each shall be turned over to the chair of the county |
23 | | central
committee of each of the then existing established |
24 | | political parties, as
defined in Section 10-2, or his duly |
25 | | authorized representative
immediately after the completion of |
26 | | the entries on the sheets and before
the totals have been |
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1 | | compiled.
|
2 | | The foregoing abstracts shall be preserved by the election |
3 | | authority in its office.
|
4 | | Whenever any county clerk is unable to canvass the vote,
|
5 | | the deputy county clerk or a designee of the county clerk shall |
6 | | serve in his or her place.
|
7 | | The powers and duties of the election authority canvassing |
8 | | the votes are limited to
those specified in this Section.
|
9 | | No person who is shown by the election authority's |
10 | | proclamation to have been elected at the consolidated election |
11 | | or general election as a write-in candidate shall take office |
12 | | unless that person has first filed with the certifying office |
13 | | or board a statement of candidacy pursuant to Section 7-10 or |
14 | | Section 10-5, a statement pursuant to Section 7-10.1, and a |
15 | | receipt for filing a statement of economic interests in |
16 | | relation to the unit of government to which he or she has been |
17 | | elected. For officers elected at the consolidated election, |
18 | | the certifying officer shall notify the election authority of |
19 | | the receipt of those documents, and the county clerk shall |
20 | | issue the certification of election under the provisions of |
21 | | Section 22-18. |
22 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
23 | | (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
|
24 | | Sec. 22-7. Canvass of votes; declaration and proclamation |
25 | | of result. The State Board of Elections, shall proceed within |
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1 | | 31 days
after the election,
and sooner if all the returns are |
2 | | received, to canvass the votes given
for United States |
3 | | Senators and Representatives to Congress, State
executive |
4 | | officers, elected members of the State Board of Education, |
5 | | judges of the Supreme Court, judges of the Appellate
Court, |
6 | | judges of the Circuit Court, Senators, Representatives to the
|
7 | | General Assembly, State's Attorneys and Regional |
8 | | Superintendents of Schools
elected from 2 or more counties, |
9 | | respectively, and the persons
having the highest number of |
10 | | votes for the respective offices shall be
declared duly |
11 | | elected, but if it appears that more than the number of
persons |
12 | | to be elected have the highest and an equal number of votes for
|
13 | | the same office, the electoral board shall decide by lot which |
14 | | of such
persons shall be elected; and to each person duly |
15 | | elected, the Governor
shall give a certificate of election or |
16 | | commission, as the case may
require, and shall cause |
17 | | proclamation to be made of the result of the
canvass, and they |
18 | | shall at the same time and in the same manner, canvass
the vote |
19 | | cast upon amendments to the Constitution, and upon other
|
20 | | propositions submitted to the electors of the entire State; |
21 | | and the
Governor shall cause to be made such proclamation of |
22 | | the result of the
canvass as the statutes elsewhere provide. |
23 | | The State Board of Elections
shall transmit to the State |
24 | | Comptroller a list of the persons elected to
the various |
25 | | offices. The State Board of Elections shall also transmit to
|
26 | | the Supreme Court the names of persons elected to judgeships |
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1 | | in
adversary elections and the names of judges who fail to win |
2 | | retention in
office.
|
3 | | No person who is shown by the canvassing board's |
4 | | proclamation to have been elected at the consolidated election |
5 | | or general election as a write-in candidate shall take office |
6 | | unless that person has first filed with the certifying office |
7 | | or board a statement of candidacy pursuant to Section 7-10 or |
8 | | Section 10-5, a statement pursuant to Section 7-10.1, and a |
9 | | receipt for filing a statement of economic interests in |
10 | | relation to the unit of government to which he or she has been |
11 | | elected. For officers elected at the consolidated election, |
12 | | the certifying officer shall notify the election authority of |
13 | | the receipt of those documents, and the county clerk shall |
14 | | issue the certification of election under the provisions of |
15 | | Section 22-18.
|
16 | | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
|
17 | | Section 10. The School Code is amended by changing |
18 | | Sections 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:
|
19 | | (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
|
20 | | Sec. 1A-1. Members and terms.
|
21 | | (a) (Blank).
|
22 | | (b) The State Board of
Education shall consist of 5 |
23 | | members initially to be elected under this amendatory Act of |
24 | | the 103rd General Assembly and 8 appointed
members and a |
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1 | | chairperson, who shall be appointed by the
Governor with the |
2 | | advice and consent
of the Senate from a pattern of regional |
3 | | representation as follows: 2
appointees shall be selected from |
4 | | among those counties of the State other
than Cook County and |
5 | | the 5 counties contiguous to Cook County, one of whom must |
6 | | represent the educator community; 2 appointees shall be |
7 | | selected from
Cook County, one of whom shall be a resident of |
8 | | the City of
Chicago and one of whom shall be a resident of that
|
9 | | part of Cook County
which lies outside the city limits of |
10 | | Chicago and of whom one must represent the educator community; |
11 | | 2
appointees shall be
selected from among the 5 counties of the |
12 | | State that are contiguous to Cook
County, one of whom must |
13 | | represent the educator community; and 3 members
shall be |
14 | | selected as members-at-large (one of which shall be the |
15 | | chairperson). With respect to the educator community |
16 | | appointments, no more than one member may be employed as a |
17 | | district superintendent, principal, school business official, |
18 | | or teacher and no more than one may be employed by the same |
19 | | school district or school. The changes made to this Section by |
20 | | this amendatory Act of the 100th General Assembly apply to |
21 | | appointments made after the effective date of this amendatory |
22 | | Act of the 100th General Assembly. The Governor who takes |
23 | | office on the second Monday of January after his or her |
24 | | election shall be the person who nominates members to fill |
25 | | vacancies whose terms begin after that date and before the |
26 | | term of the next Governor begins. |
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1 | | The term of each member of the State Board of Education |
2 | | whose term expires on January 12, 2005 shall instead terminate |
3 | | on the effective date of this amendatory Act of the 93rd |
4 | | General Assembly. Of these 3 seats, (i) the member initially |
5 | | appointed pursuant to this amendatory Act of the 93rd General |
6 | | Assembly whose seat was vacant on April 27, 2004 shall serve |
7 | | until the second Wednesday of January, 2009 and (ii) the other |
8 | | 2 members initially appointed pursuant to this amendatory Act |
9 | | of the 93rd General Assembly shall serve until the second |
10 | | Wednesday of January, 2007. |
11 | | The term of the member of the State Board of Education |
12 | | whose seat was vacant on April 27, 2004 and whose term expires |
13 | | on January 10, 2007 shall instead terminate on the effective |
14 | | date of this amendatory Act of the 93rd General Assembly. The |
15 | | member initially appointed pursuant to this amendatory Act of |
16 | | the 93rd General Assembly to fill this seat shall be the |
17 | | chairperson and shall serve until the second Wednesday of |
18 | | January, 2007. |
19 | | The term of the member of the State Board of Education |
20 | | whose seat was vacant on May 28, 2004 but after April 27, 2004 |
21 | | and whose term expires on January 10, 2007 shall instead |
22 | | terminate on the effective date of this amendatory Act of the |
23 | | 93rd General Assembly. The member initially appointed pursuant |
24 | | to this amendatory Act of the 93rd General Assembly to fill |
25 | | this seat shall serve until the second Wednesday of January, |
26 | | 2007.
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1 | | The term of the other member of the State Board of |
2 | | Education whose term expires on January 10, 2007 shall instead |
3 | | terminate on the effective date of this amendatory Act of the |
4 | | 93rd General Assembly. The member initially appointed pursuant |
5 | | to this amendatory Act of the 93rd General Assembly to fill |
6 | | this seat shall serve until the second Wednesday of January, |
7 | | 2007. |
8 | | The term of the member of the State Board of Education |
9 | | whose term expires on January 14, 2009 and who was selected |
10 | | from among the 5 counties of the State that are contiguous to |
11 | | Cook County and is a resident of Lake County shall instead |
12 | | terminate on the effective date of this amendatory Act of the |
13 | | 93rd General Assembly. The member initially appointed pursuant |
14 | | to this amendatory Act of the 93rd General Assembly to fill |
15 | | this seat shall serve until the second Wednesday of January, |
16 | | 2009. |
17 | | Upon expiration of the terms of the members initially |
18 | | appointed
under this amendatory Act of the 93rd General |
19 | | Assembly and members whose terms were not terminated by this |
20 | | amendatory Act of the 93rd General Assembly, their respective |
21 | | successors shall be
appointed for terms of 4
years, from the |
22 | | second Wednesday in January of each
odd
numbered year and |
23 | | until their respective successors are appointed and
qualified. |
24 | | (c) Of the 4 members, excluding the chairperson, whose |
25 | | terms expire on the second Wednesday of January, 2007 and |
26 | | every 4 years thereafter, one of those members must be an |
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1 | | at-large member and at no time may more than 2 of those members |
2 | | be from one political party. Of the 4 members whose terms |
3 | | expire on the second Wednesday of January, 2009 and every 4 |
4 | | years thereafter, one of those members must be an at-large |
5 | | member and at no time may more than 2 of those members be from |
6 | | one political party. Party membership is defined as having |
7 | | voted in the primary of the party in the last primary before |
8 | | appointment.
|
9 | | (c-5) Five members of the State Board of Education shall |
10 | | be elected on a nonpartisan basis at the general election in |
11 | | 2024 and every 4 years thereafter. One member shall be elected |
12 | | from each of the judicial districts. A petition for nomination |
13 | | of a candidate for member of the State Board shall be signed by |
14 | | (i) at least 0.5% of the total number of registered voters in |
15 | | the judicial district in which the person is a candidate for |
16 | | nomination or (ii) at least 500 signatures for candidates in |
17 | | the First Judicial District or 300 signatures for candidates |
18 | | in every other judicial district, whichever is less. Each of |
19 | | these members shall serve for a term of 4 years, from the |
20 | | second Wednesday of January until after the member's election |
21 | | and until the member's successor takes office. |
22 | | (d) Vacancies in appointed terms shall be filled by |
23 | | appointment by the
Governor with the advice and consent of the |
24 | | Senate for the extent of the
unexpired term.
If a vacancy in |
25 | | membership occurs at a time when the Senate is not in
session, |
26 | | the Governor shall make a temporary appointment until the next |
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1 | | meeting
of the Senate, when the Governor shall appoint a |
2 | | person to fill that membership
for the remainder of its term. |
3 | | If the Senate is not in session when
appointments for a full |
4 | | term are made, the appointments shall be made as in the
case of |
5 | | vacancies.
|
6 | | (d-5) Beginning on the date when all of the new members |
7 | | initially to be elected under this amendatory Act of the 103rd |
8 | | General Assembly have taken office, whenever a vacancy in the |
9 | | term of an elected board member occurs, the chairperson of the |
10 | | State Board of Education shall notify the Governor of the |
11 | | vacancy within 7 days after its occurrence and, within 30 |
12 | | days, the vacancy shall be filled for the remainder of the |
13 | | unexpired term by a majority vote of the remaining members of |
14 | | the State Board of Education. A person selected to fill a |
15 | | vacancy left by an elected member must meet all eligibility |
16 | | requirements for the position. |
17 | | (Source: P.A. 100-1135, eff. 11-28-18.)
|
18 | | (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
|
19 | | Sec. 1A-2. Qualifications. In order to be a member The |
20 | | members of the State Board of Education , a person must be a |
21 | | citizen
shall be citizens of the United States and a resident |
22 | | residents of the State of Illinois . To be an elected member, a |
23 | | person must also be a resident of the judicial district from |
24 | | which the person was elected. Appointed members
and shall be |
25 | | selected as far as may be practicable on the basis of their
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1 | | knowledge of, or interest and experience in, problems of |
2 | | public education. No elected member of the State Board of |
3 | | Education may be employed by a public or nonpublic school; a |
4 | | college, including a community or junior college; a |
5 | | university; the State Board of Education; a regional office of |
6 | | education; or any other educational institution. No elected |
7 | | member of the State Board of Education may be a member of the |
8 | | governing body of a public school district or nonpublic |
9 | | school.
No member of the State Board of Education shall |
10 | | benefit from funds provided by the State Board of Education to |
11 | | an
institution of higher
learning, public or private, within |
12 | | Illinois, nor shall members be school trustees of a public or |
13 | | nonpublic
college, university or technical institution within |
14 | | Illinois. No member
shall be appointed to more than 2 4-year
|
15 | | terms. No member may be elected to more than 2 consecutive |
16 | | 4-year terms. Members shall be reimbursed
for all ordinary and |
17 | | necessary expenses incurred in performing their duties
as |
18 | | members of the Board. Expenses shall be approved by the Board |
19 | | and be
consistent with the laws, policies, and requirements of |
20 | | the
State of Illinois regarding such expenditures, plus any |
21 | | member may include
in the member's his or her claim for |
22 | | expenses $50 per day for meeting days.
|
23 | | (Source: P.A. 100-1135, eff. 11-28-18.)
|
24 | | (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
|
25 | | Sec. 1A-2.1. Vacancies. The Governor may remove for |
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1 | | incompetence, neglect of duty, or malfeasance in office any |
2 | | member of the State Board of Education. A vacancy also exists |
3 | | on the State Board of
Education when one or more of the |
4 | | following events occur:
|
5 | | 1. A member dies.
|
6 | | 2. A member files a written resignation with the |
7 | | Governor.
|
8 | | 3. A member is adjudicated to be a person under legal |
9 | | disability under
the Probate Act of 1975 or
a person |
10 | | subject to involuntary admission
under the Mental Health |
11 | | and Developmental Disabilities Code.
|
12 | | 4. For appointed members, a A member ceases to be a |
13 | | resident of the region from
which the member he or she was |
14 | | appointed.
|
15 | | 5. A member is convicted of an infamous crime or of any |
16 | | offense
involving a violation of his or her duties under |
17 | | this Code.
|
18 | | 6. A member fails to maintain the qualifications |
19 | | stated in Sections 1A-1 and
1A-2 of this Code.
|
20 | | (Source: P.A. 100-1135, eff. 11-28-18.)
|
21 | | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
|
22 | | Sec. 1A-4. Powers and duties of the Board.
|
23 | | A. (Blank).
|
24 | | B. The Board shall determine the qualifications of and |
25 | | appoint a
chief education officer, to be known as the State |
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1 | | Superintendent of
Education, who may be proposed by the |
2 | | Governor and who shall serve at the pleasure of the Board and |
3 | | pursuant to a
performance-based contract linked to statewide |
4 | | student performance and academic
improvement within Illinois |
5 | | schools. Upon expiration or buyout of the contract of the |
6 | | State Superintendent of Education in office on the effective |
7 | | date of this amendatory Act of the 93rd General Assembly, a |
8 | | State Superintendent of Education shall be appointed by a |
9 | | State Board of Education that includes the 7 new Board members |
10 | | who were appointed to fill seats of members whose terms were |
11 | | terminated on the effective date of this amendatory Act of the |
12 | | 93rd General Assembly. Thereafter, a State Superintendent of |
13 | | Education must, at a minimum, be appointed at the beginning of |
14 | | each term of a Governor after that Governor has made |
15 | | appointments to the Board. A performance-based
contract issued |
16 | | for the employment of a State Superintendent of
Education |
17 | | entered into on or after the effective date of this amendatory |
18 | | Act of the 93rd General Assembly must expire no later than |
19 | | February 1, 2007, and subsequent contracts must expire no |
20 | | later than February 1 each 4 years thereafter. No contract
|
21 | | shall be
extended or renewed beyond February 1, 2007 and |
22 | | February 1 each 4 years thereafter, but a State Superintendent |
23 | | of Education shall serve until his or her successor is |
24 | | appointed. Each contract entered into on or before January 8, |
25 | | 2007 with a State Superintendent of Education must provide |
26 | | that the State Board of Education may terminate the contract |
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1 | | for cause, and the State Board of Education shall not |
2 | | thereafter be liable for further payments under the contract. |
3 | | With regard to this amendatory Act of the 93rd General |
4 | | Assembly, it is the intent of the General Assembly that, |
5 | | beginning with the Governor who takes office on the second |
6 | | Monday of January, 2007, a State Superintendent of Education |
7 | | be appointed at the beginning of each term of a Governor after |
8 | | that Governor has made appointments to the Board. The State
|
9 | | Superintendent of Education shall not serve as a member of the |
10 | | State
Board of Education. The Board shall set the compensation |
11 | | of the State
Superintendent of Education who shall serve as |
12 | | the Board's chief
executive officer. The Board shall also |
13 | | establish the duties, powers and
responsibilities of the State |
14 | | Superintendent, which shall be included in the
State |
15 | | Superintendent's performance-based contract along with the |
16 | | goals and
indicators of student performance and academic |
17 | | improvement used to measure the
performance and effectiveness |
18 | | of the State Superintendent.
The State Board of Education may |
19 | | delegate
to the State Superintendent of Education the |
20 | | authority to act on the Board's
behalf, provided such |
21 | | delegation is made pursuant to adopted board policy
or the |
22 | | powers delegated are ministerial in nature. The State Board |
23 | | may
not delegate authority under this Section to the State |
24 | | Superintendent to
(1) nonrecognize school districts, (2) |
25 | | withhold State payments as a penalty,
or (3) make final |
26 | | decisions under the contested case provisions of the Illinois
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1 | | Administrative Procedure Act unless otherwise provided by law.
|
2 | | C. The powers and duties of the State Board of Education |
3 | | shall encompass all
duties delegated to the Office of |
4 | | Superintendent of Public Instruction on
January 12, 1975, |
5 | | except as the law providing for such powers and duties is
|
6 | | thereafter amended, and such other powers and duties as the |
7 | | General Assembly
shall designate. The Board shall be |
8 | | responsible for the educational policies
and guidelines for |
9 | | public schools, pre-school through grade
12 and Vocational |
10 | | Education in the State of Illinois. The Board shall
analyze |
11 | | the present and future aims, needs, and requirements of
|
12 | | education in the State of Illinois and recommend to the |
13 | | General Assembly
the powers which should be exercised by the |
14 | | Board. The Board shall
recommend the passage and the |
15 | | legislation necessary to determine the
appropriate |
16 | | relationship between the Board and local boards of education
|
17 | | and the various State agencies and shall recommend desirable
|
18 | | modifications in the laws which affect schools.
|
19 | | D. Two members of the Board shall be appointed by the |
20 | | chairperson
to serve on a standing joint Education Committee, |
21 | | 2 others shall be
appointed from the Board of Higher |
22 | | Education, 2
others shall be appointed by the chairperson of |
23 | | the
Illinois Community College Board, and 2 others shall be |
24 | | appointed by the
chairperson of the Human Resource Investment |
25 | | Council. The
Committee shall be
responsible for making |
26 | | recommendations concerning the submission of any
workforce |
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1 | | development plan or workforce training program required by |
2 | | federal
law or under any block grant authority. The Committee |
3 | | will be
responsible for developing policy on matters of mutual |
4 | | concern to
elementary, secondary and higher education such as |
5 | | Occupational and
Career Education, Teacher Preparation and |
6 | | Licensure, Educational
Finance, Articulation between |
7 | | Elementary, Secondary and Higher Education
and Research and |
8 | | Planning. The joint Education Committee shall meet at
least |
9 | | quarterly and submit an annual report of its findings,
|
10 | | conclusions, and recommendations to the State Board of |
11 | | Education, the Board of
Higher Education, the Illinois |
12 | | Community College Board,
the Human Resource Investment |
13 | | Council, the Governor, and the
General
Assembly. All meetings |
14 | | of this Committee shall be official meetings for
reimbursement |
15 | | under this Act. On the effective date of this amendatory Act of |
16 | | the 95th General Assembly, the Joint Education Committee is |
17 | | abolished.
|
18 | | E. Until the 5 members initially to be elected under this |
19 | | amendatory Act of the 103rd General Assembly have taken |
20 | | office, 5 Five members of the Board shall constitute a quorum. |
21 | | Beginning on the date when the 5 members initially to be |
22 | | elected under this amendatory Act of the 103rd General |
23 | | Assembly have taken office, a majority of the Board shall |
24 | | constitute a quorum. Until the 5 members initially to be |
25 | | elected under this amendatory Act of the 103rd General |
26 | | Assembly have taken office, a A
majority
vote of the members |
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1 | | appointed, confirmed and serving on the Board is
required to |
2 | | approve any action, except that the 7 new Board members who |
3 | | were appointed to fill seats of members whose terms were |
4 | | terminated on the effective date of this amendatory act of the |
5 | | 93rd General Assembly may vote to approve actions when |
6 | | appointed and serving. Beginning on the date when the 5 |
7 | | members initially to be elected under this amendatory Act of |
8 | | the 103rd General Assembly have taken office, a majority vote |
9 | | of the elected members and the members appointed, confirmed, |
10 | | and serving on the Board is required to approve any action.
|
11 | | F. Upon appointment of the 7 new Board members who were |
12 | | appointed to fill seats of members whose terms were terminated |
13 | | on the effective date of this amendatory Act of the 93rd |
14 | | General Assembly, the Board shall review all of its current |
15 | | rules in an effort to streamline procedures, improve |
16 | | efficiency, and eliminate unnecessary forms and paperwork.
|
17 | | (Source: P.A. 102-894, eff. 5-20-22.)
|
18 | | Section 99. Effective date. This Act takes effect upon |
19 | | becoming law.
|