Public Act 101-0523
 
SB0100 EnrolledLRB101 06953 AWJ 51986 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing
Sections 2A-41 and 7-12 as follows:
 
    (10 ILCS 5/2A-41)  (from Ch. 46, par. 2A-41)
    Sec. 2A-41. Sanitary District - Trustee - Time of Election.
A trustee of a Sanitary District which elects its trustees,
other than the Metropolitan Sanitary District of Greater
Chicago or the Fox Metro Water Reclamation District, shall be
elected at the general election in each even-numbered year
which immediately precedes the expiration of the term of any
incumbent trustee, to succeed each incumbent trustee whose term
ends before the following general election.
(Source: P.A. 80-936.)
 
    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
    Sec. 7-12. All petitions for nomination shall be filed by
mail or in person as follows:
        (1) Where the nomination is to be made for a State,
    congressional, or judicial office, or for any office a
    nomination for which is made for a territorial division or
    district which comprises more than one county or is partly
    in one county and partly in another county or counties
    (including the Fox Metro Water Reclamation District),
    then, except as otherwise provided in this Section, such
    petition for nomination shall be filed in the principal
    office of the State Board of Elections not more than 113
    and not less than 106 days prior to the date of the
    primary, but, in the case of petitions for nomination to
    fill a vacancy by special election in the office of
    representative in Congress from this State, such petition
    for nomination shall be filed in the principal office of
    the State Board of Elections not more than 85 days and not
    less than 82 days prior to the date of the primary.
        Where a vacancy occurs in the office of Supreme,
    Appellate or Circuit Court Judge within the 3-week period
    preceding the 106th day before a general primary election,
    petitions for nomination for the office in which the
    vacancy has occurred shall be filed in the principal office
    of the State Board of Elections not more than 92 nor less
    than 85 days prior to the date of the general primary
    election.
        Where the nomination is to be made for delegates or
    alternate delegates to a national nominating convention,
    then such petition for nomination shall be filed in the
    principal office of the State Board of Elections not more
    than 113 and not less than 106 days prior to the date of
    the primary; provided, however, that if the rules or
    policies of a national political party conflict with such
    requirements for filing petitions for nomination for
    delegates or alternate delegates to a national nominating
    convention, the chair of the State central committee of
    such national political party shall notify the Board in
    writing, citing by reference the rules or policies of the
    national political party in conflict, and in such case the
    Board shall direct such petitions to be filed in accordance
    with the delegate selection plan adopted by the state
    central committee of such national political party.
        (2) Where the nomination is to be made for a county
    office or trustee of a sanitary district then such petition
    shall be filed in the office of the county clerk not more
    than 113 nor less than 106 days prior to the date of the
    primary.
        (3) Where the nomination is to be made for a municipal
    or township office, such petitions for nomination shall be
    filed in the office of the local election official, not
    more than 99 nor less than 92 days prior to the date of the
    primary; provided, where a municipality's or township's
    boundaries are coextensive with or are entirely within the
    jurisdiction of a municipal board of election
    commissioners, the petitions shall be filed in the office
    of such board; and provided, that petitions for the office
    of multi-township assessor shall be filed with the election
    authority.
        (4) The petitions of candidates for State central
    committeeperson shall be filed in the principal office of
    the State Board of Elections not more than 113 nor less
    than 106 days prior to the date of the primary.
        (5) Petitions of candidates for precinct, township or
    ward committeepersons shall be filed in the office of the
    county clerk not more than 113 nor less than 106 days prior
    to the date of the primary.
        (6) The State Board of Elections and the various
    election authorities and local election officials with
    whom such petitions for nominations are filed shall specify
    the place where filings shall be made and upon receipt
    shall endorse thereon the day and hour on which each
    petition was filed. All petitions filed by persons waiting
    in line as of 8:00 a.m. on the first day for filing, or as
    of the normal opening hour of the office involved on such
    day, shall be deemed filed as of 8:00 a.m. or the normal
    opening hour, as the case may be. Petitions filed by mail
    and received after midnight of the first day for filing and
    in the first mail delivery or pickup of that day shall be
    deemed as filed as of 8:00 a.m. of that day or as of the
    normal opening hour of such day, as the case may be. All
    petitions received thereafter shall be deemed as filed in
    the order of actual receipt. However, 2 or more petitions
    filed within the last hour of the filing deadline shall be
    deemed filed simultaneously. Where 2 or more petitions are
    received simultaneously, the State Board of Elections or
    the various election authorities or local election
    officials with whom such petitions are filed shall break
    ties and determine the order of filing, by means of a
    lottery or other fair and impartial method of random
    selection approved by the State Board of Elections. Such
    lottery shall be conducted within 9 days following the last
    day for petition filing and shall be open to the public.
    Seven days written notice of the time and place of
    conducting such random selection shall be given by the
    State Board of Elections to the chair of the State central
    committee of each established political party, and by each
    election authority or local election official, to the
    County Chair of each established political party, and to
    each organization of citizens within the election
    jurisdiction which was entitled, under this Article, at the
    next preceding election, to have pollwatchers present on
    the day of election. The State Board of Elections, election
    authority or local election official shall post in a
    conspicuous, open and public place, at the entrance of the
    office, notice of the time and place of such lottery. The
    State Board of Elections shall adopt rules and regulations
    governing the procedures for the conduct of such lottery.
    All candidates shall be certified in the order in which
    their petitions have been filed. Where candidates have
    filed simultaneously, they shall be certified in the order
    determined by lot and prior to candidates who filed for the
    same office at a later time.
        (7) The State Board of Elections or the appropriate
    election authority or local election official with whom
    such a petition for nomination is filed shall notify the
    person for whom a petition for nomination has been filed of
    the obligation to file statements of organization, reports
    of campaign contributions, and annual reports of campaign
    contributions and expenditures under Article 9 of this Act.
    Such notice shall be given in the manner prescribed by
    paragraph (7) of Section 9-16 of this Code.
        (8) Nomination papers filed under this Section are not
    valid if the candidate named therein fails to file a
    statement of economic interests as required by the Illinois
    Governmental Ethics Act in relation to his candidacy with
    the appropriate officer by the end of the period for the
    filing of nomination papers unless he has filed a statement
    of economic interests in relation to the same governmental
    unit with that officer within a year preceding the date on
    which such nomination papers were filed. If the nomination
    papers of any candidate and the statement of economic
    interest of that candidate are not required to be filed
    with the same officer, the candidate must file with the
    officer with whom the nomination papers are filed a receipt
    from the officer with whom the statement of economic
    interests is filed showing the date on which such statement
    was filed. Such receipt shall be so filed not later than
    the last day on which nomination papers may be filed.
        (9) Any person for whom a petition for nomination, or
    for committeeperson or for delegate or alternate delegate
    to a national nominating convention has been filed may
    cause his name to be withdrawn by request in writing,
    signed by him and duly acknowledged before an officer
    qualified to take acknowledgments of deeds, and filed in
    the principal or permanent branch office of the State Board
    of Elections or with the appropriate election authority or
    local election official, not later than the date of
    certification of candidates for the consolidated primary
    or general primary ballot. No names so withdrawn shall be
    certified or printed on the primary ballot. If petitions
    for nomination have been filed for the same person with
    respect to more than one political party, his name shall
    not be certified nor printed on the primary ballot of any
    party. If petitions for nomination have been filed for the
    same person for 2 or more offices which are incompatible so
    that the same person could not serve in more than one of
    such offices if elected, that person must withdraw as a
    candidate for all but one of such offices within the 5
    business days following the last day for petition filing. A
    candidate in a judicial election may file petitions for
    nomination for only one vacancy in a subcircuit and only
    one vacancy in a circuit in any one filing period, and if
    petitions for nomination have been filed for the same
    person for 2 or more vacancies in the same circuit or
    subcircuit in the same filing period, his or her name shall
    be certified only for the first vacancy for which the
    petitions for nomination were filed. If he fails to
    withdraw as a candidate for all but one of such offices
    within such time his name shall not be certified, nor
    printed on the primary ballot, for any office. For the
    purpose of the foregoing provisions, an office in a
    political party is not incompatible with any other office.
        (10)(a) Notwithstanding the provisions of any other
    statute, no primary shall be held for an established
    political party in any township, municipality, or ward
    thereof, where the nomination of such party for every
    office to be voted upon by the electors of such township,
    municipality, or ward thereof, is uncontested. Whenever a
    political party's nomination of candidates is uncontested
    as to one or more, but not all, of the offices to be voted
    upon by the electors of a township, municipality, or ward
    thereof, then a primary shall be held for that party in
    such township, municipality, or ward thereof; provided
    that the primary ballot shall not include those offices
    within such township, municipality, or ward thereof, for
    which the nomination is uncontested. For purposes of this
    Article, the nomination of an established political party
    of a candidate for election to an office shall be deemed to
    be uncontested where not more than the number of persons to
    be nominated have timely filed valid nomination papers
    seeking the nomination of such party for election to such
    office.
        (b) Notwithstanding the provisions of any other
    statute, no primary election shall be held for an
    established political party for any special primary
    election called for the purpose of filling a vacancy in the
    office of representative in the United States Congress
    where the nomination of such political party for said
    office is uncontested. For the purposes of this Article,
    the nomination of an established political party of a
    candidate for election to said office shall be deemed to be
    uncontested where not more than the number of persons to be
    nominated have timely filed valid nomination papers
    seeking the nomination of such established party for
    election to said office. This subsection (b) shall not
    apply if such primary election is conducted on a regularly
    scheduled election day.
        (c) Notwithstanding the provisions in subparagraph (a)
    and (b) of this paragraph (10), whenever a person who has
    not timely filed valid nomination papers and who intends to
    become a write-in candidate for a political party's
    nomination for any office for which the nomination is
    uncontested files a written statement or notice of that
    intent with the State Board of Elections or the local
    election official with whom nomination papers for such
    office are filed, a primary ballot shall be prepared and a
    primary shall be held for that office. Such statement or
    notice shall be filed on or before the date established in
    this Article for certifying candidates for the primary
    ballot. Such statement or notice shall contain (i) the name
    and address of the person intending to become a write-in
    candidate, (ii) a statement that the person is a qualified
    primary elector of the political party from whom the
    nomination is sought, (iii) a statement that the person
    intends to become a write-in candidate for the party's
    nomination, and (iv) the office the person is seeking as a
    write-in candidate. An election authority shall have no
    duty to conduct a primary and prepare a primary ballot for
    any office for which the nomination is uncontested unless a
    statement or notice meeting the requirements of this
    Section is filed in a timely manner.
        (11) If multiple sets of nomination papers are filed
    for a candidate to the same office, the State Board of
    Elections, appropriate election authority or local
    election official where the petitions are filed shall
    within 2 business days notify the candidate of his or her
    multiple petition filings and that the candidate has 3
    business days after receipt of the notice to notify the
    State Board of Elections, appropriate election authority
    or local election official that he or she may cancel prior
    sets of petitions. If the candidate notifies the State
    Board of Elections, appropriate election authority or
    local election official, the last set of petitions filed
    shall be the only petitions to be considered valid by the
    State Board of Elections, election authority or local
    election official. If the candidate fails to notify the
    State Board of Elections, election authority or local
    election official then only the first set of petitions
    filed shall be valid and all subsequent petitions shall be
    void.
        (12) All nominating petitions shall be available for
    public inspection and shall be preserved for a period of
    not less than 6 months.
(Source: P.A. 99-221, eff. 7-31-15; 100-1027, eff. 1-1-19.)
 
    Section 10. The Sanitary District Act of 1917 is amended by
changing Section 3 as follows:
 
    (70 ILCS 2405/3)  (from Ch. 42, par. 301)
    Sec. 3. Board of trustees; creation; term. A board of
trustees shall be created, consisting of 5 members in any
sanitary district which includes one or more municipalities
with a population of over 90,000 but less than 500,000
according to the most recent Federal census, and consisting of
3 members in any other district. However, the board of trustees
for the Fox River Water Reclamation District, the Sanitary
District of Decatur, and the Northern Moraine Wastewater
Reclamation District shall each consist of 5 members. Each
board of trustees shall be created for the government, control
and management of the affairs and business of each sanitary
district organized under this Act shall be created in the
following manner:
        (1) If the district's corporate boundaries are located
    wholly within a single county, the presiding officer of the
    county board, with the advice and consent of the county
    board, shall appoint the trustees for the district;
        (2) If the district's corporate boundaries are located
    in more than one county, the members of the General
    Assembly whose legislative districts encompass any portion
    of the district shall appoint the trustees for the
    district.
    In any sanitary district which shall have a 3 member board
of trustees, within 60 days after the adoption of such act, the
appropriate appointing authority shall appoint three trustees
not more than 2 of whom shall be from one incorporated city,
town or village in districts in which are included 2 or more
incorporated cities, towns or villages, or parts of 2 or more
incorporated cities, towns or villages, who shall hold their
office respectively for 1, 2 and 3 years, from the first Monday
of May next after their appointment and until their successors
are appointed and have qualified, and thereafter on or before
the second Monday in April of each year the appropriate
appointing authority shall appoint one trustee whose term shall
be for 3 years commencing the first Monday in May of the year
in which he is appointed. The length of the term of the first
trustees shall be determined by lot at their first meeting.
    In the case of any sanitary district created after January
1, 1978 in which a 5 member board of trustees is required, the
appropriate appointing authority shall appoint 5 trustees, one
of whom shall hold office for one year, two of whom shall hold
office for 2 years, and 2 of whom shall hold office for 3 years
from the first Monday of May next after their respective
appointments and until their successors are appointed and have
qualified. Thereafter, on or before the second Monday in April
of each year the appropriate appointing authority shall appoint
one trustee or 2 trustees, as shall be necessary to maintain a
5 member board of trustees, whose terms shall be for 3 years
commencing the first Monday in May of the year in which they
are respectively appointed. The length of the terms of the
first trustees shall be determined by lot at their first
meeting.
    In any sanitary district created prior to January 1, 1978
in which a 5 member board of trustees is required as of January
1, 1978, the two trustees already serving terms which do not
expire on May 1, 1978 shall continue to hold office for the
remainders of their respective terms, and 3 trustees shall be
appointed by the appropriate appointing authority by April 10,
1978 and shall hold office for terms beginning May 1, 1978. Of
the three new trustees, one shall hold office for 2 years and 2
shall hold office for 3 years from May 1, 1978 and until their
successors are appointed and have qualified. Thereafter, on or
before the second Monday in April of each year the appropriate
appointing authority shall appoint one trustee or 2 trustees,
as shall be necessary to maintain a 5 member board of trustees,
whose terms shall be for 3 years commencing the first Monday in
May of the year in which they are respectively appointed. The
lengths of the terms of the trustees who are to hold office
beginning May 1, 1978 shall be determined by lot at their first
meeting after May 1, 1978.
    No more than 3 members of a 5 member board of trustees may
be of the same political party; except that in any sanitary
district which otherwise meets the requirements of this Section
and which lies within 4 counties of the State of Illinois or,
prior to April 30, 2008, in the Fox River Water Reclamation
District; the appointments of the 5 members of the board of
trustees shall be made without regard to political party.
Beginning with the appointments made on April 30, 2008, all
appointments to the board of trustees of the Fox River Water
Reclamation District shall be made so that no more than 3 of
the 5 members are from the same political party.
    Beginning with the 2021 municipal election, the board of
trustees of the Fox Metro Water Reclamation District shall be
elected as provided in this paragraph. The election of trustees
shall be in accordance with Section 2A-1.1 of the Election
Code. Any board member serving on the effective date of this
amendatory Act of the 101st General Assembly whose term does
not expire in 2021 shall serve until his or her successor is
elected and qualified. The board of trustees of the Fox Metro
Water Reclamation District shall: on or before January 1, 2020,
divide the Fox Metro Water Reclamation District into 5 trustee
districts and assign the trustee districts to reflect the
results of the most recent federal decennial census; and
thereafter, in the year following each decennial census,
redistrict the trustee districts to reflect the results of the
most recent census. The board of trustees shall consist of 1
elected trustee in each trustee district. A petition for
nomination for election of a trustee of the Fox Metro Water
Reclamation District shall contain at least 100 signatures of
registered voters residing within the Fox Metro Water
Reclamation District. The trustees shall be elected for
staggered terms at the election as provided by the Election
Code. Two trustees shall be elected at the 2021 election, and 3
trustees shall be elected at the following consolidated
election. Elected trustees shall take office on the first
Tuesday after the first Monday in the month following the month
of their election and shall hold their offices for 4 years and
until their successors are elected and qualified. If a vacancy
occurs before the 2021 election on the board of trustees of the
Fox Metro Water Reclamation District: (i) the District Manager
shall, no later than 7 days from the date of the vacancy,
notify the State legislators representing any portion of the
District, publish notification of the vacancy on the District's
website, and send notification of the vacancy to local
newspapers, radio stations, and television stations; (ii) each
notification published or sent shall contain instructions on
how to apply to the District Manager for the vacant trustee
position; (iii) applications for the vacancy shall be accepted
for at least 30 days after the date the notification of the
vacancy was published and sent; (iv) applications for the
vacancy shall include a letter of interest and resume; (v) once
the application period has closed, the District Manager shall
forward all applications received to the State legislators
notified of the vacancy in item (i); (vi) the President of the
board of trustees and the District Manager shall hold a public
meeting with the State legislators notified of the vacancy to
review all applications and, by unanimous vote of all State
legislators representing any portion of the District, select a
candidate to fill the trustee vacancy; and (vii) the board of
trustees shall appoint the selected candidate at the next board
of trustees meeting. If a vacancy exists after the 2021
election on the board of trustees of the Fox Metro Water
Reclamation District, the vacancy shall be filled by
appointment by the president of the board of trustees, with the
advice and consent of the members of the board of trustees,
until the next regular election at which trustees of the
district are elected, and shall be made a matter of record in
the office of the county clerk in the county where the district
is located; for a vacancy filled by appointment, the portion of
the unexpired term remaining after the next regular election at
which trustees of the district are elected shall be filled by
election, as provided for in this paragraph.
    Within 60 days after the release of Federal census
statistics showing that a sanitary district having a 3 member
board of trustees contains one or more municipalities with a
population over 90,000 but less than 500,000, or, for the
Northern Moraine Wastewater Reclamation District, within 60
days after the effective date of this amendatory Act of the
95th General Assembly, the appropriate appointing authority
shall appoint 2 additional trustees to the board of trustees,
one to hold office for 2 years and one to hold office for 3
years from the first Monday of May next after their appointment
and until their successors are appointed and have qualified.
The lengths of the terms of these two additional members shall
be determined by lot at the first meeting of the board of
trustees held after the additional members take office. The
three trustees already holding office in the sanitary district
shall continue to hold office for the remainders of their
respective terms. Thereafter, on or before the second Monday in
April of each year the appropriate appointing authority shall
appoint one trustee or 2 trustees, as shall be necessary to
maintain a 5 member board of trustees, whose terms shall be for
3 years commencing the first Monday in May of the year in which
they are respectively appointed.
    If any sanitary district having a 5 member board of
trustees shall cease to contain one or more municipalities with
a population over 90,000 but less than 500,000 according to the
most recent Federal census, then, for so long as that sanitary
district does not contain one or more such municipalities, on
or before the second Monday in April of each year the
appropriate appointing authority shall appoint one trustee
whose term shall be for 3 years commencing the first Monday in
May of the year in which he is appointed. In districts which
include 2 or more incorporated cities, towns, or villages, or
parts of 2 or more incorporated cities, towns, or villages, all
of the trustees shall not be from one incorporated city, town
or village.
    If a vacancy occurs on any board of trustees, the
appropriate appointing authority shall within 60 days appoint a
trustee who shall hold office for the remainder of the vacated
term.
    The appointing authority shall require each of the trustees
to enter into bond, with security to be approved by the
appointing authority, in such sum as the appointing authority
may determine.
    A majority of the board of trustees shall constitute a
quorum but a smaller number may adjourn from day to day. No
trustee or employee of such district shall be directly or
indirectly interested in any contract, work or business of the
district, or the sale of any article, the expense, price or
consideration of which is paid by such district; nor in the
purchase of any real estate or property belonging to the
district, or which shall be sold for taxes or assessments, or
by virtue of legal process at the suit of the district.
Provided, that nothing herein shall be construed as prohibiting
the appointment or selection of any person as trustee or
employee whose only interest in the district is as owner of
real estate in the district or of contributing to the payment
of taxes levied by the district. The trustees shall have the
power to provide and adopt a corporate seal for the district.
    Notwithstanding any other provision in this Section, in any
sanitary district created prior to the effective date of this
amendatory Act of 1985, in which a five member board of
trustees has been appointed and which currently includes one or
more municipalities with a population of over 90,000 but less
than 500,000, the board of trustees shall consist of five
members.
    Except as otherwise provided for vacancies, in the event
that the appropriate appointing authority fails to appoint a
trustee under this Section, the appropriate appointing
authority shall reconvene and appoint a successor on or before
July 1 of that year.
(Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.