HB3983 102ND GENERAL ASSEMBLY

LRB102 14121 SMS 19473 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3983

Introduced 3/4/2021, by Rep. Delia C. Ramirez - Kambium Buckner

SYNOPSIS AS INTRODUCED:

10 ILCS 5/2A-1.2	from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-52	from Ch. 46, par. 2A-52
110 ILCS 805/7-1	from Ch. 122, par. 107-1
110 ILCS 805/7-2	from Ch. 122, par. 107-2
110 ILCS 805/7-2.1 new
110 ILCS 805/7-2.2 new
110 ILCS 805/7-2.3 new
110 ILCS 805/7-3	from Ch. 122, par. 107-3

Amends the Election Code. Provides for the election of the board of trustees of the City Colleges of Chicago, Illinois Community College District No. 508, at the general primary election in 2022 on a nonpartisan ballot. Provides that a member of the board of trustees shall be elected at each consolidated election thereafter. Makes related changes. Amends the Public Community College Act. Sets forth provisions concerning nominating petitions and ballots. Provides that the City of Chicago shall be subdivided into 20 trustee districts by the General Assembly for seats on the board of trustees, in addition to one at-large trustee. Provides that in the year following each decennial census, the General Assembly shall redistrict the trustee districts to reflect the results of each decennial census. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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-1.2 and 2A-52 as follows:

(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)

Sec. 2A-1.2. Consolidated schedule of elections; offices elections - offices designated.

(a) At the general election in the appropriate even-numbered years, the following offices shall be filled or shall be on the ballot as otherwise required by this Code:

(1) Elector of President and Vice President of the United States;

(2) United States Senator and United States Representative;

(3) State Executive Branch elected officers;

(4) State Senator and State Representative;

(5) County elected officers, including State's Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive;

(6) Circuit Court Clerk;

(7) Regional Superintendent of Schools, except in counties or educational service regions in which that office has been abolished;

(8) Judges of the Supreme, Appellate and Circuit Courts, on the question of retention, to fill vacancies and newly created judicial offices;

(9) (Blank);

(10) Trustee of the Metropolitan Water Reclamation Sanitary District of Greater Chicago, and elected Trustee of other Sanitary Districts;

(11) Special District elected officers, not otherwise designated in this Section, where the statute creating or authorizing the creation of the district requires an annual election and permits or requires election of candidates of political parties.

(b) At the general primary election:

(1) in each even-numbered year candidates of political parties shall be nominated for those offices to be filled at the general election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus.

(2) in the appropriate even-numbered years the political party offices of State central committeeperson, township committeeperson, ward committeeperson, and precinct committeeperson shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code. In the even-numbered years in which a Presidential election is to be held, candidates in the Presidential preference primary shall also be on the ballot.

(3) in each even-numbered year, where the municipality has provided for annual elections to elect municipal officers pursuant to Section 6(f) or Section 7 of Article VII of the Constitution, pursuant to the Illinois Municipal Code or pursuant to the municipal charter, the offices of such municipal officers shall be filled at an election held on the date of the general primary election, provided that the municipal election shall be a nonpartisan election where required by the Illinois Municipal Code. For partisan municipal elections in even-numbered years, a primary to nominate candidates for municipal office to be elected at the general primary election shall be held on the Tuesday 6 weeks preceding that election.

(4) in each school district which has adopted the provisions of Article 33 of the School Code, successors to the members of the board of education whose terms expire in the year in which the general primary is held shall be elected.

(5) in the 2022 primary election, the members of the Board of Trustees of the City Colleges of Chicago, Illinois Community College District No. 508, shall be elected to serve a term of 5 years; successors shall be elected at the consolidated election under subsection (c) to a term of 4 years as provided under Section 2A-48 of this Code. The election of members of the Board of Trustees of the City Colleges of Chicago held in 2022 shall be a nonpartisan election as provided for under this Code and conducted on a nonpartisan ballot.

(c) At the consolidated election in the appropriate odd-numbered years, the following offices shall be filled:

(1) Municipal officers, provided that in municipalities in which candidates for alderman or other municipal office are not permitted by law to be candidates of political parties, the runoff election where required by law, or the nonpartisan election where required by law, shall be held on the date of the consolidated election; and provided further, in the case of municipal officers provided for by an ordinance providing the form of government of the municipality pursuant to Section 7 of Article VII of the Constitution, such offices shall be filled by election or by runoff election as may be provided by such ordinance;

(2) Village and incorporated town library directors;

(3) City boards of stadium commissioners;

(4) Commissioners of park districts;

(5) Trustees of public library districts;

(6) Special District elected officers, not otherwise designated in this Section, where the statute creating or authorizing the creation of the district permits or requires election of candidates of political parties;

(7) Township officers, including township park commissioners, township library directors, and boards of managers of community buildings, and Multi-Township Assessors;

(8) Highway commissioners and road district clerks;

(9) Members of school boards in school districts which adopt Article 33 of the School Code;

(10) The directors and chair of the Chain O Lakes - Fox River Waterway Management Agency;

(11) Forest preserve district commissioners elected under Section 3.5 of the Downstate Forest Preserve District Act;

(12) Elected members of school boards, school trustees, directors of boards of school directors, trustees of county boards of school trustees (except in counties or educational service regions having a population of 2,000,000 or more inhabitants) and members of boards of school inspectors, except school boards in school districts that adopt Article 33 of the School Code;

(13) Members of Community College district boards, except as otherwise provided in paragraph (5) of subsection (b);

(14) Trustees of Fire Protection Districts;

(15) Commissioners of the Springfield Metropolitan Exposition and Auditorium Authority;

(16) Elected Trustees of Tuberculosis Sanitarium Districts;

(17) Elected Officers of special districts not otherwise designated in this Section for which the law governing those districts does not permit candidates of political parties.

(d) At the consolidated primary election in each odd-numbered year, candidates of political parties shall be nominated for those offices to be filled at the consolidated election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus, and except those offices listed in paragraphs (12) through (17) of subsection (c).

At the consolidated primary election in the appropriate odd-numbered years, the mayor, clerk, treasurer, and aldermen shall be elected in municipalities in which candidates for mayor, clerk, treasurer, or alderman are not permitted by law to be candidates of political parties, subject to runoff elections to be held at the consolidated election as may be required by law, and municipal officers shall be nominated in a nonpartisan election in municipalities in which pursuant to law candidates for such office are not permitted to be candidates of political parties.

At the consolidated primary election in the appropriate odd-numbered years, municipal officers shall be nominated or elected, or elected subject to a runoff, as may be provided by an ordinance providing a form of government of the municipality pursuant to Section 7 of Article VII of the Constitution.

(e) (Blank).

(f) At any election established in Section 2A-1.1, public questions may be submitted to voters pursuant to this Code and any special election otherwise required or authorized by law or by court order may be conducted pursuant to this Code.

Notwithstanding the regular dates for election of officers established in this Article, whenever a referendum is held for the establishment of a political subdivision whose officers are to be elected, the initial officers shall be elected at the election at which such referendum is held if otherwise so provided by law. In such cases, the election of the initial officers shall be subject to the referendum.

Notwithstanding the regular dates for election of officials established in this Article, any community college district which becomes effective by operation of law pursuant to Section 6-6.1 of the Public Community College Act, as now or hereafter amended, shall elect the initial district board members at the next regularly scheduled election following the effective date of the new district.

(g) At any election established in Section 2A-1.1, if in any precinct there are no offices or public questions required to be on the ballot under this Code then no election shall be held in the precinct on that date.

(h) There may be conducted a referendum in accordance with the provisions of Division 6-4 of the Counties Code.

(Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)

(10 ILCS 5/2A-52) (from Ch. 46, par. 2A-52)

Sec. 2A-52. Community College District - Member - Time of Election. A member of the Board of a Community College District shall be elected at each consolidated election to succeed each elected incumbent member of the Board whose term expires before the following consolidated election. However, a member of the Board of Trustees of the City Colleges of Chicago, Illinois Community College District No. 508, shall be elected at each consolidated election beginning with the April 2023 election to succeed each incumbent member whose term ends before the following consolidated election.

(Source: P.A. 90-358, eff. 1-1-98.)

Section 10. The Public Community College Act is amended by changing Sections 7-1, 7-2, and 7-3 and by adding Sections 7-2.1, 7-2.2, and 7-2.3 as follows:

(110 ILCS 805/7-1) (from Ch. 122, par. 107-1)

Sec. 7-1. This Article applies only to community college districts in cities having a population of 500,000 or more inhabitants. Each such community college district shall maintain a system of community colleges under the charge of a board, which is appointed as provided in Section 7-2. Except as otherwise provided in this Article, such a community college district and its board have all the rights, duties, powers and responsibilities and are subject to the same limitations as are provided for other community college districts in this Act, as now or hereafter amended.

(Source: P.A. 78-669.)

(110 ILCS 805/7-2) (from Ch. 122, par. 107-2)

Sec. 7-2. (a) This subsection (a) applies until March 21, 2022. The board shall consist of 7 members, appointed by the mayor with the approval of the city council. Prior to the expiration of the term of any member his successor shall be appointed in like manner and shall hold office for a term of 3 years from July 1 of the year in which he is appointed and until his successor is appointed and qualified. Any vacancy in the membership of the board shall be filled through appointment by the mayor, with the approval of the city council, for the unexpired term. If any appointee fails to qualify within 30 days after his appointment, the office shall be filled by a new appointment for the unexpired term. To be eligible for appointment to a board under this Section, a person must possess the same qualifications and meet the same requirements as are prescribed by this Act for members of an elected board of a community college district.

(b) On March 21, 2022, notwithstanding the provisions of Section 3-7 of this Act, the terms of all members of the board appointed under subsection (a) are abolished when the new board, consisting of 21 members, is elected by the electors of the community college district as provided in this subsection (b) and takes office.

Each member shall be elected for a term of 4 years, commencing on the second Tuesday in May of the year in which the member is elected, and until the member's successor is elected and has qualified, except that members of the board elected to terms commencing on March 21, 2022 shall commence to serve for terms of 5 years and until the member's successor is elected and has qualified. For purposes of elections conducted pursuant to this subsection (b), the City of Chicago shall be subdivided into 20 trustee districts by the General Assembly for seats on the board, as provided under Section 7-2.3 of this Act. Each district shall be represented by a member, and one member shall be elected at large and serve as the president of the board. To be eligible for election or appointment to a board under this Section, a person must possess the same qualifications and meet the same requirements as are prescribed by this Act for members of an elected board of a community college district. A person is ineligible for election or appointment to a board under this Section if that person is an employee of a community college district within the city.

(c) No member shall have or be an employee or owner of a company that has a contract with a community college within the city. No former officer, member, or employee of the board shall, within a period of one year immediately after termination of service on the board, knowingly accept employment or receive compensation or fees for services from a person or entity if the officer, member, or employee, during the year immediately preceding termination of service on the board, participated personally and substantially in the award of contracts with the board, community college district, or community colleges within the city, or the issuance of contract change orders with the board or the community college district, or community college within the city, with a cumulative value of $25,000 or more to the person, the entity, or the entity's parent or subsidiary.

(d) Whenever a vacancy occurs, the remaining members shall fill the vacancy, and the person so appointed shall serve until a successor is elected at the next regular election for board members and is certified in accordance with Sections 22-17 and 22-18 of the Election Code. If the remaining members fail to fill the vacancy within 60 days after the vacancy occurs, the chairman of the State Board shall fill that vacancy, and the person so appointed shall serve until a successor is elected at the next regular election for board members and is certified in accordance with Sections 22-17 and 22-18 of the Election Code. The person appointed to fill a vacancy shall have the same residential qualifications as his or her predecessor in office was required to have. However, in either instance, if the vacancy occurs with more than 28 months remaining until the term expires, the appointed member shall serve only until a successor is elected and qualified at the next scheduled election.

(Source: P.A. 78-669.)

(110 ILCS 805/7-2.1 new)

Sec. 7-2.1. Nomination petitions. Notwithstanding Section 3-7.10 of this Act, in addition to the requirements of the general election law, the form of petitions under this Section shall be substantially as follows:

NOMINATING PETITIONS

(LEAVE OUT THE INAPPLICABLE PART.)

To the Board of Election Commissioners for the City of Chicago:

We the undersigned, being (.... or more) of the voters residing within said district, hereby petition that .... who resides at .... in the City of Chicago shall be a candidate for the office of .... of the Board of Trustees of the City Colleges of Chicago, Illinois Community College District No. 508, (full term) (vacancy) to be voted for at the election to be held on (insert date).

Name: .................. Address: ...................

In the designation of the name of a candidate on a petition for nomination, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof may be used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition, then (i) the candidate's name on the petition must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in clause (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage to assume a spouse's surname, or dissolution of marriage or declaration of invalidity of marriage to assume a former surname. No other designation, such as a political slogan, as defined by Section 7-17 of the Election Code, title or degree, or nickname suggesting or implying possession of a title, degree or professional status, or similar information may be used in connection with the candidate's surname.

All petitions for the nomination of members of the board shall be filed with the board of election commissioners of the jurisdiction in which the principal office of the community college district is located within the time provided for by the general election law, except that petitions for the nomination of members of the board for the March 20, 2022 election shall be prepared and certified on the same schedule as the petition schedule for the candidates for the General Assembly. The board of election commissioners shall receive and file only those petitions that include a statement of candidacy, the required number of voter signatures, the notarized signature of the petition circulator, and a receipt from the County Clerk showing that the candidate has filed a statement of economic interest on or before the last day to file as required by the Illinois Governmental Ethics Act. The board of election commissioners may have petition forms available for issuance to potential candidates and may give notice of the petition filing period by publication in a newspaper of general circulation within the community college district not less than 10 days prior to the first day of filing. The board of election commissioners shall make certification to the proper election authorities in accordance with the general election law.

The board of election commissioners of the jurisdiction in which the principal office of the community college district is located shall notify the candidates for whom a petition for nomination is filed or the appropriate committee of the obligations under the Campaign Financing Act as provided in the general election law. Such notice shall be given on a form prescribed by the State Board of Elections and in accordance with the requirements of the general election law. The board of election commissioners shall within 7 days of filing or on the last day for filing, whichever is earlier, acknowledge to the petitioner in writing the office's acceptance of the petition.

A candidate for membership on the board who has petitioned for nomination to fill a full term and to fill a vacant term to be voted upon at the same election must withdraw his or her petition for nomination from either the full term or the vacant term by written declaration.

Nomination petitions are not valid unless the candidate named therein files with the board of election commissioners a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such receipt shall be so filed either previously during the calendar year in which his or her nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law.

(110 ILCS 805/7-2.2 new)

Sec. 7-2.2. Ballots. The board of election commissioners of the jurisdiction in which the principal office of the community college district is located shall conduct a lottery to determine the ballot order of candidates for full terms in the event of any simultaneous petition filings. Such candidate lottery shall be conducted as follows:

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 simultaneously 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 simultaneously 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 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 for the same office as of 8:00 a.m. on the first day for petition filing or as of the normal opening hour of the office of the board of election commissioners with whom such petitions are filed, the board of election commissioners shall break ties and determine the order of filing by means of a lottery or other fair and impartial method of random selection. 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 board of election commissioners to all candidates who filed their petitions simultaneously and to each organization of citizens within the election jurisdiction that was entitled, under the general election law, at the next preceding election, to have poll watchers present on the day of election. The board of election commissioners shall post in a conspicuous, open, and public place, at the entrance of his or her office, notice of the time and place of such lottery.

All candidates shall be certified in the order in which their petitions have been filed and in the manner prescribed by Section 10-15 of the Election Code. Where candidates have filed simultaneously, they shall be certified in the order prescribed by this Section and prior to candidates who filed for the same office at a later time.

Where elections are conducted for unexpired terms, a second lottery to determine ballot order shall be conducted for candidates who simultaneously file petitions for such unexpired terms. Such lottery shall be conducted in the same manner as prescribed by this Section for full term candidates.

Ballots for the election of board members shall be in the following form:

(BALLOT FORMAT

Ballot position for candidates shall be determined by the order of petition filing or lottery held pursuant to this Section.

The community college district is divided into 20 trustee districts, each of which elects one member to the board and votes on one member to serve at-large.)

OFFICIAL BALLOT

DISTRICT ....... (1 through 20)

FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF

CHICAGO TO SERVE

A FULL 4-YEAR TERM

VOTE FOR ONE

( ) .....................................

( ) .....................................

( ) .....................................

OFFICIAL BALLOT

AT LARGE

FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF

CHICAGO TO SERVE

A FULL 4-YEAR TERM

VOTE FOR ONE

( ) .....................................

( ) .....................................

( ) .....................................

REVERSE SIDE:

OFFICIAL BALLOT

DISTRICT ....... (1 through 20)

(Precinct name or number)

Community College District No. ......, ........... County,

Illinois

Election Tuesday (insert date)

(facsimile signature of Election Authority)

(County)

(110 ILCS 805/7-2.3 new)

Sec. 7-2.3. Creation of trustee districts; reapportionment of districts.

(a) For purposes of elections conducted pursuant to subsection (b) of Section 7-2 of this Act, the City of Chicago shall be subdivided into 20 trustee districts after the effective date of this amendatory Act of the 102nd General Assembly by the General Assembly for seats on the board. The trustee districts must be drawn on or before January 1, 2022. Each trustee district must be compact, contiguous, and substantially equal in population.

(b) In the year following each decennial census, the General Assembly shall redistrict the trustee districts to reflect the results of the decennial census consistent with the requirements in subsection (a). The reapportionment plan shall be completed and formally approved by the General Assembly not less than 90 days before the last date established by law for the filing of nominating petitions for the second board election after the decennial census year. If by reapportionment a board member no longer resides within the trustee district from which the member was elected, the member shall continue to serve in office until the expiration of the member's regular term. All new members shall be elected from the trustee districts as reapportioned.

(110 ILCS 805/7-3) (from Ch. 122, par. 107-3)

Sec. 7-3. The organization of the board and election of officers for the a board appointed under Section 7-2 shall be conducted in accordance with the general election law and this Act.

(Source: P.A. 81-1489.)

Section 99. Effective date. This Act takes effect upon becoming law.