093_HB3832

 
                                     LRB093 13030 NHT 18264 b

 1        AN ACT regarding higher education.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Governmental  Ethics  Act is
 5    amended by changing Section 4A-101 as follows:

 6        (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
 7        Sec. 4A-101. Persons required  to  file.   The  following
 8    persons  shall  file  verified written statements of economic
 9    interests, as provided in this Article:
10             (a)  Members of the General Assembly and  candidates
11        for nomination or election to the General Assembly.
12             (b)  Persons   holding  an  elected  office  in  the
13        Executive Branch  of  this  State  or  on  the  Board  of
14        Trustees  of  the  University of Illinois, and candidates
15        for nomination or election to these offices.
16             (c)  Members of a Commission or Board created by the
17        Illinois Constitution, and candidates for  nomination  or
18        election to such Commission or Board.
19             (d)  Persons  whose appointment to office is subject
20        to confirmation by the Senate.
21             (e)  Holders of, and candidates  for  nomination  or
22        election  to,  the  office of judge or associate judge of
23        the  Circuit  Court  and  the  office  of  judge  of  the
24        Appellate or Supreme Court.
25             (f)  Persons who are employed by any branch, agency,
26        authority or board  of  the  government  of  this  State,
27        including  but  not  limited  to, the Illinois State Toll
28        Highway  Authority,  the  Illinois  Housing   Development
29        Authority,  the  Illinois  Community  College  Board, and
30        institutions under  the  jurisdiction  of  the  Board  of
31        Trustees of the University of Illinois, Board of Trustees
 
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 1        of  Southern  Illinois  University,  Board of Trustees of
 2        Chicago State University, Board of  Trustees  of  Eastern
 3        Illinois  University,  Board  of  Trustees  of Governor's
 4        State University, Board of  Trustees  of  Illinois  State
 5        University,  Board  of  Trustees of Northeastern Illinois
 6        University,  Board  of  Trustees  of  Northern   Illinois
 7        University,   Board   of  Trustees  of  Western  Illinois
 8        University,  or  Board  of  Trustees  of   the   Illinois
 9        Mathematics  and Science Academy, and are compensated for
10        services as employees and not as independent  contractors
11        and who:
12                  (1)  are,   or  function  as,  the  head  of  a
13             department,  commission,  board,  division,  bureau,
14             authority or other administrative  unit  within  the
15             government  of  this  State, or who exercise similar
16             authority within the government of this State;
17                  (2)  have direct supervisory authority over, or
18             direct   responsibility   for    the    formulation,
19             negotiation,  issuance  or  execution  of  contracts
20             entered into by the State in the amount of $5,000 or
21             more;
22                  (3)  have   authority   for   the  issuance  or
23             promulgation of rules and regulations  within  areas
24             under the authority of the State;
25                  (4)  have   authority   for   the  approval  of
26             professional licenses;
27                  (5)  have responsibility with  respect  to  the
28             financial  inspection  of  regulated nongovernmental
29             entities;
30                  (6)  adjudicate,  arbitrate,  or   decide   any
31             judicial or administrative proceeding, or review the
32             adjudication,   arbitration   or   decision  of  any
33             judicial or  administrative  proceeding  within  the
34             authority of the State; or
 
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 1                  (7)  have  supervisory responsibility for 20 or
 2             more employees of the State.
 3             (g)  Persons who are elected to office in a unit  of
 4        local   government,  and  candidates  for  nomination  or
 5        election   to    that    office,    including    regional
 6        superintendents of school districts.
 7             (h)  Persons  appointed  to the governing board of a
 8        unit of local government, or of a special  district,  and
 9        persons  appointed  to a zoning board, or zoning board of
10        appeals, or to a  regional,  county,  or  municipal  plan
11        commission,  or  to  a board of review of any county, and
12        persons appointed to the Board of the  Metropolitan  Pier
13        and  Exposition Authority and any Trustee appointed under
14        Section  22  of  the  Metropolitan  Pier  and  Exposition
15        Authority Act,  and  persons  appointed  to  a  board  or
16        commission  of  a  unit  of  local  government  who  have
17        authority  to  authorize the expenditure of public funds.
18        This subsection does not apply to members  of  boards  or
19        commissions who function in an advisory capacity.
20             (i)  Persons  who  are  employed  by a unit of local
21        government and are compensated for services as  employees
22        and not as independent contractors and who:
23                  (1)  are,   or  function  as,  the  head  of  a
24             department, division,  bureau,  authority  or  other
25             administrative   unit   within  the  unit  of  local
26             government, or who exercise similar authority within
27             the unit of local government;
28                  (2)  have direct supervisory authority over, or
29             direct   responsibility   for    the    formulation,
30             negotiation,  issuance  or  execution  of  contracts
31             entered  into by the unit of local government in the
32             amount of $1,000 or greater;
33                  (3)  have authority  to  approve  licenses  and
34             permits  by  the unit of local government; this item
 
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 1             does  not  include  employees  who  function  in   a
 2             ministerial capacity;
 3                  (4)  adjudicate,   arbitrate,   or  decide  any
 4             judicial or administrative proceeding, or review the
 5             adjudication,  arbitration  or   decision   of   any
 6             judicial  or  administrative  proceeding  within the
 7             authority of the unit of local government;
 8                  (5)  have  authority  to  issue  or  promulgate
 9             rules  and  regulations  within  areas   under   the
10             authority of the unit of local government; or
11                  (6)  have  supervisory responsibility for 20 or
12             more employees of the unit of local government.
13             (j)  Persons  on  the  Board  of  Trustees  of   the
14        Illinois Mathematics and Science Academy.
15             (k)  Persons   employed  by  a  school  district  in
16        positions  that  require   that   person   to   hold   an
17        administrative   or  a  chief  school  business  official
18        endorsement.
19             (l)  (Blank).
20        This Section shall not be construed to prevent  any  unit
21    of   local  government  from  enacting  financial  disclosure
22    requirements that mandate  more information than required  by
23    this Act.
24    (Source: P.A. 91-622, eff. 8-19-99.)

25        Section  10.   The  Election  Code is amended by changing
26    Sections 2A-1.2, 7-1, 7-9, 22-1, 22-7, 23-1.1a, 23-1.2a,  and
27    23-1.13a and adding Section 2A-53.5 as follows:

28        (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
29        Sec.   2A-1.2.  Consolidated   Schedule  of  Elections  -
30    Offices Designated.
31        (a)  At  the  general   election   in   the   appropriate
32    even-numbered years, the following offices shall be filled or
 
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 1    shall be on the ballot as otherwise required by this Code:
 2             (1)  Elector  of President and Vice President of the
 3        United States;
 4             (2)  United  States  Senator   and   United   States
 5        Representative;
 6             (3)  State Executive Branch elected officers;
 7             (4)  State Senator and State Representative;
 8             (5)  County   elected  officers,  including  State's
 9        Attorney, County Board member, County Commissioners,  and
10        elected  President  of  the  County Board or County Chief
11        Executive;
12             (6)  Circuit Court Clerk;
13             (7)  Regional Superintendent of Schools,  except  in
14        counties  or  educational  service  regions in which that
15        office has been abolished;
16             (8)  Judges of the Supreme,  Appellate  and  Circuit
17        Courts,  on  the question of retention, to fill vacancies
18        and newly created judicial offices;
19             (9)  Trustee of the University of Illinois (Blank);
20             (10)  Trustee of the Metropolitan Sanitary  District
21        of   Chicago,  and  elected  Trustee  of  other  Sanitary
22        Districts;
23             (11)  Special   District   elected   officers,   not
24        otherwise designated in this Section, where  the  statute
25        creating  or  authorizing  the  creation  of the district
26        requires an  annual  election  and  permits  or  requires
27        election of candidates of political parties.
28        (b)  At the general primary election:
29             (1)  in   each   even-numbered  year  candidates  of
30        political parties shall be nominated for those offices to
31        be filled at the general election in  that  year,  except
32        where   pursuant  to  law  nomination  of  candidates  of
33        political parties is made by caucus.
34             (2)  in  the  appropriate  even-numbered  years  the
 
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 1        political party offices of  State  central  committeeman,
 2        township  committeeman,  ward  committeeman, and precinct
 3        committeeman shall be filled and delegates and  alternate
 4        delegates to the National nominating conventions shall be
 5        elected as may be required pursuant to this Code.  In the
 6        even-numbered  years  in which a Presidential election is
 7        to be held, candidates  in  the  Presidential  preference
 8        primary shall also be on the ballot.
 9             (3)  in   each   even-numbered   year,   where   the
10        municipality  has  provided for annual elections to elect
11        municipal officers pursuant to Section 6(f) or Section  7
12        of  Article  VII  of  the  Constitution,  pursuant to the
13        Illinois Municipal Code  or  pursuant  to  the  municipal
14        charter,  the offices of such municipal officers shall be
15        filled at an election held on the  date  of  the  general
16        primary  election,  provided  that the municipal election
17        shall be a nonpartisan election  where  required  by  the
18        Illinois   Municipal   Code.    For   partisan  municipal
19        elections in even-numbered years, a primary  to  nominate
20        candidates  for  municipal  office  to  be elected at the
21        general primary election shall be held on the  Tuesday  6
22        weeks preceding that election.
23             (4)  in  each  school district which has adopted the
24        provisions of Article 33 of the School  Code,  successors
25        to  the  members  of  the  board of education whose terms
26        expire in the year in which the general primary  is  held
27        shall be elected.
28        (c)  At  the  consolidated  election  in  the appropriate
29    odd-numbered years, the following offices shall be filled:
30             (1)  Municipal   officers,    provided    that    in
31        municipalities  in which candidates for alderman or other
32        municipal  office  are  not  permitted  by  law   to   be
33        candidates  of  political  parties,  the  runoff election
34        where required by law, or the nonpartisan election  where
 
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 1        required  by  law,  shall  be  held  on  the  date of the
 2        consolidated election; and provided further, in the  case
 3        of  municipal  officers  provided  for  by  an  ordinance
 4        providing  the  form  of  government  of the municipality
 5        pursuant to Section 7 of Article VII of the Constitution,
 6        such offices shall be filled by  election  or  by  runoff
 7        election as may be provided by such ordinance;
 8             (2)  Village    and    incorporated   town   library
 9        directors;
10             (3)  City boards of stadium commissioners;
11             (4)  Commissioners of park districts;
12             (5)  Trustees of public library districts;
13             (6)  Special   District   elected   officers,    not
14        otherwise  designated  in this section, where the statute
15        creating or authorizing  the  creation  of  the  district
16        permits  or  requires election of candidates of political
17        parties;
18             (7)  Township  officers,  including  township   park
19        commissioners,  township library directors, and boards of
20        managers  of  community  buildings,  and   Multi-Township
21        Assessors;
22             (8)  Highway commissioners and road district clerks;
23             (9)  Members  of  school  boards in school districts
24        which adopt Article 33 of the School Code;
25             (10)  The directors and  chairman  of  the  Chain  O
26        Lakes - Fox River Waterway Management Agency;
27             (11)  Forest preserve district commissioners elected
28        under  Section  3.5  of  the  Downstate  Forest  Preserve
29        District Act;
30             (12)  Elected   members  of  school  boards,  school
31        trustees,  directors  of  boards  of  school   directors,
32        trustees  of  county boards of school trustees (except in
33        counties  or  educational  service   regions   having   a
34        population  of 2,000,000 or more inhabitants) and members
 
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 1        of boards of school inspectors, except school  boards  in
 2        school  districts  that  adopt  Article  33 of the School
 3        Code;
 4             (13)  Members of Community College district boards;
 5             (14)  Trustees of Fire Protection Districts;
 6             (15)  Commissioners of the Springfield  Metropolitan
 7        Exposition and Auditorium Authority;
 8             (16)  Elected  Trustees  of  Tuberculosis Sanitarium
 9        Districts;
10             (17)  Elected  Officers  of  special  districts  not
11        otherwise designated in this Section for  which  the  law
12        governing  those  districts does not permit candidates of
13        political parties.
14        (d)  At  the  consolidated  primary  election   in   each
15    odd-numbered  year,  candidates of political parties shall be
16    nominated for those offices to be filled at the  consolidated
17    election   in   that  year,  except  where  pursuant  to  law
18    nomination of candidates of  political  parties  is  made  by
19    caucus,  and  except  those offices listed in paragraphs (12)
20    through (17) of subsection (c).
21        At the consolidated primary election in  the  appropriate
22    odd-numbered years, the mayor, clerk, treasurer, and aldermen
23    shall  be  elected  in municipalities in which candidates for
24    mayor, clerk, treasurer, or alderman are not permitted by law
25    to be candidates of  political  parties,  subject  to  runoff
26    elections  to  be held at the consolidated election as may be
27    required by law, and municipal officers shall be nominated in
28    a nonpartisan election in municipalities in which pursuant to
29    law candidates for  such  office  are  not  permitted  to  be
30    candidates of political parties.
31        At  the  consolidated primary election in the appropriate
32    odd-numbered years, municipal officers shall be nominated  or
33    elected,  or  elected subject to a runoff, as may be provided
34    by an  ordinance  providing  a  form  of  government  of  the
 
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 1    municipality  pursuant  to  Section  7  of Article VII of the
 2    Constitution.
 3        (e)  (Blank).
 4        (f)  At  any  election  established  in  Section  2A-1.1,
 5    public questions may be submitted to voters pursuant to  this
 6    Code   and   any   special  election  otherwise  required  or
 7    authorized by law or by court order may be conducted pursuant
 8    to this Code.
 9        Notwithstanding  the  regular  dates  for   election   of
10    officers  established  in this Article, whenever a referendum
11    is held for the  establishment  of  a  political  subdivision
12    whose  officers are to be elected, the initial officers shall
13    be elected at the election at which such referendum  is  held
14    if otherwise so provided by law.  In such cases, the election
15    of the initial officers shall be subject to the referendum.
16        Notwithstanding   the   regular  dates  for  election  of
17    officials established in this Article, any community  college
18    district which becomes effective by operation of law pursuant
19    to  Section 6-6.1 of the Public Community College Act, as now
20    or hereafter amended, shall elect the initial district  board
21    members  at  the  next regularly scheduled election following
22    the effective date of the new district.
23        (g)  At any election established in Section 2A-1.1, if in
24    any  precinct  there  are  no  offices  or  public  questions
25    required to be on the ballot under this Code then no election
26    shall be held in the precinct on that date.
27        (h)  There may be conducted a  referendum  in  accordance
28    with the provisions of Division 6-4 of the Counties Code.
29    (Source: P.A.  89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
30    eff. 8-9-96; 90-358, eff. 1-1-98.)

31        (10 ILCS 5/2A-53.5 new)
32        Sec. 2A-53.5.  University of Illinois; trustee;  time  of
33    election.  Beginning  with  the  general  election in 2004, a
 
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 1    trustee of the University of Illinois  shall  be  elected  at
 2    each general election to succeed each incumbent trustee whose
 3    term  expires  in  January  of  the  year next following that
 4    general election.

 5        (10 ILCS 5/7-1) (from Ch. 46, par. 7-1)
 6        Sec. 7-1.  Application of Article.
 7        (a)  Except as otherwise provided in  this  Article,  the
 8    nomination   of   all  candidates  for  all  elective  State,
 9    congressional,  judicial,  and   county   officers,   State's
10    Attorneys  (whether elected from a single county or from more
11    than one county), city, village, and  incorporated  town  and
12    municipal  officers, trustees of sanitary districts, township
13    officers in townships of over  5,000  population  coextensive
14    with  or  included wholly within cities or villages not under
15    the commission form of government, precinct, township,  ward,
16    and  State  central committeemen, and delegates and alternate
17    delegates to national nominating conventions by all political
18    parties, as defined in Section 7-2 of this Article  7,  shall
19    be  made  in  the  manner  provided in this Article 7 and not
20    otherwise.  The nomination  of  candidates  for  electors  of
21    President  and  Vice  President  of the United States and for
22    trustees of the University of Illinois shall be made only  in
23    the manner provided for in Section 7-9 of this Article.
24        (b)  This Article 7 shall not apply to (i) the nomination
25    of  candidates  for  school elections and township elections,
26    except  in  those   townships   specifically   mentioned   in
27    subsection  (a) and except in those cases in which a township
28    central  committee  determines  under  Section  6A-2  of  the
29    Township Law of 1874 or Section 45-55 of  the  Township  Code
30    that  its  candidates for township offices shall be nominated
31    by  primary  in  accordance  with  this  Article,  (ii)   the
32    nomination  of park commissioners in park districts organized
33    under  the  Park  District  Code,  (iii)  the  nomination  of
 
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 1    officers of  cities  and  villages  organized  under  special
 2    charters,  or  (iv)  the nomination of municipal officers for
 3    cities, villages, and incorporated towns with a population of
 4    5,000 or less, except where a city, village, or  incorporated
 5    town  with  a  population  of  5,000 or less has by ordinance
 6    determined that political parties shall  nominate  candidates
 7    for  municipal  office  in the city, village, or incorporated
 8    town by primary in accordance  with  this  Article.  In  that
 9    event, the municipal clerk shall certify the ordinance to the
10    proper  election  officials  no later than November 15 in the
11    year preceding the consolidated primary election.
12        (c)  The words "township officers" or "township  offices"
13    shall  be  construed,  when  used in this Article, to include
14    supervisors.
15        (d)  As provided in Sections 3.1-25-20 through  3.1-25-60
16    of  the Illinois Municipal Code, a village may adopt a system
17    of nonpartisan primary and general elections for the election
18    of village officers.
19    (Source: P.A. 88-670, eff. 12-2-94; 89-5, eff. 1-1-96.)

20        (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
21        Sec. 7-9. County  central  committee;  county  and  State
22    conventions.
23        (a)  On  the second Monday next succeeding the primary at
24    which committeemen are elected, the county central  committee
25    of  each political party shall meet at the county seat of the
26    proper county and proceed to organize by  electing  from  its
27    own  number  a  chairman  and  either from its own number, or
28    otherwise, such other officers as  such  committee  may  deem
29    necessary  or  expedient.  Such meeting of the county central
30    committee shall be known as the county convention.
31        The chairman of each county  committee  shall  within  10
32    days  after  the  organization, forward to the State Board of
33    Elections,  the  names  and  post  office  addresses  of  the
 
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 1    officers,   precinct    committeemen    and    representative
 2    committeemen elected by his political party.
 3        The  county  convention  of  each  political  party shall
 4    choose delegates to the State convention of its party; but in
 5    any county  having  within  its  limits  any  city  having  a
 6    population  of  200,000, or over the delegates from such city
 7    shall be chosen by wards,  the  ward  committeemen  from  the
 8    respective  wards  choosing  the number of delegates to which
 9    such ward is entitled on the basis  prescribed  in  paragraph
10    (e)  of  this  Section  such  delegates  to be members of the
11    delegation to the State convention from such county.  In  all
12    counties containing a population of 2,000,000 or more outside
13    of  cities  having  a  population  of  200,000  or  more, the
14    delegates from each of the townships or parts of townships as
15    the case may be shall be chosen  by  townships  or  parts  of
16    townships  as the case may be, the township committeemen from
17    the respective townships or parts of townships  as  the  case
18    may  be  choosing  the  number  of  delegates  to  which such
19    townships or parts of  townships  as  the  case  may  be  are
20    entitled,  on  the  basis prescribed in paragraph (e) of this
21    Section such delegates to be members of the delegation to the
22    State convention from such county.
23        Each member of the State Central Committee of a political
24    party  which  elects  its  members  by  Alternative  B  under
25    paragraph (a) of Section 7-8 shall be a delegate to the State
26    Convention, ex officio.
27        Each member of the State Central Committee of a political
28    party  which  elects  its  members  by  Alternative  B  under
29    paragraph (a) of Section 7-8 may appoint 2 delegates  to  the
30    State  Convention  who  must  be  residents  of  the member's
31    Congressional District.
32        (b) State conventions shall be held within 180 days after
33    the general primary in  the  year  2000  and  every  4  years
34    thereafter.   In the year 1998, and every 4 years thereafter,
 
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 1    the chairman of a State central committee may  issue  a  call
 2    for  a  State  convention  within  180 days after the general
 3    primary.
 4        The State convention of each political party has power to
 5    make nominations of candidates of its political party for the
 6    electors of President and Vice President of the United States
 7    and for trustees of the University of Illinois, and to  adopt
 8    any  party  platform,  and,  to  the extent determined by the
 9    State central committee  as  provided  in  Section  7-14,  to
10    choose  and select delegates and alternate delegates at large
11    to  national  nominating  conventions.   The  State   Central
12    Committee  may  adopt  rules  to  provide  for and govern the
13    procedures of the State convention.
14        (c)  The chairman and secretary of each State  convention
15    shall,  within 2 days thereafter, transmit to the State Board
16    of Elections of this State a certificate  setting  forth  the
17    names  and  addresses  of all persons nominated by such State
18    convention for electors of President and  Vice  President  of
19    the  United  States  and  for  trustees  of the University of
20    Illinois, and of any persons selected by the State convention
21    for delegates and alternate delegates at  large  to  national
22    nominating  conventions;  and the names of such candidates so
23    chosen by such State convention for electors of President and
24    Vice President of the United States and for trustees  of  the
25    University of Illinois, shall be caused by the State Board of
26    Elections  to  be  printed  upon  the  official ballot at the
27    general election, in the manner required by law, and shall be
28    certified to the various county clerks of the proper counties
29    in the manner as provided in Section 7-60 of this  Article  7
30    for  the  certifying of the names of persons nominated by any
31    party  for  State  offices.  If  and  as  long  as  this  Act
32    prescribes that the names of such electors be not printed  on
33    the  ballot,  then  the  names  of  such  electors  shall  be
34    certified in such manner as may be prescribed by the parts of
 
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 1    this Act applicable thereto.
 2        (d)  Each  convention  may  perform  all  other functions
 3    inherent to such political organization and not  inconsistent
 4    with this Article.
 5        (e)  At  least  33  days  before  the  date  of  a  State
 6    convention,  the  chairman  of the State central committee of
 7    each political party shall file in the  principal  office  of
 8    the State Board of Elections a call for the State convention.
 9    Such call shall state, among other things, the time and place
10    (designating  the  building  or  hall)  for holding the State
11    convention. Such call shall be signed  by  the  chairman  and
12    attested   by   the  secretary  of  the  committee.  In  such
13    convention each county shall be entitled to one delegate  for
14    each  500  ballots voted by the primary electors of the party
15    in such county at the primary  to  be  held  next  after  the
16    issuance  of  such call; and if in such county, less than 500
17    ballots are so voted or if the number of ballots so voted  is
18    not  exactly  a  multiple of 500, there shall be one delegate
19    for such group which is less than  500,  or  for  such  group
20    representing  the  number  of votes over the multiple of 500,
21    which delegate shall have 1/500 of one vote for each  primary
22    vote  so  represented  by  him.  The call for such convention
23    shall set forth this paragraph (e) of Section 7-9 in full and
24    shall direct that the number of delegates  to  be  chosen  be
25    calculated  in  compliance  herewith  and that such number of
26    delegates be chosen.
27        (f)  All precinct, township and  ward  committeemen  when
28    elected  as  provided  in  this Section shall serve as though
29    elected at large irrespective of any changes that may be made
30    in precinct, township  or  ward  boundaries  and  the  voting
31    strength  of  each  committeeman  shall remain as provided in
32    this Section for the entire time for which he is elected.
33        (g)  The officers elected at any convention provided  for
34    in  this  Section  shall  serve  until  their  successors are
 
                            -15-     LRB093 13030 NHT 18264 b
 1    elected as provided in this Act.
 2        (h)  A special meeting of any central  committee  may  be
 3    called  by  the  chairman,  or  by  not  less than 25% of the
 4    members of such committee, by giving 5 days notice to members
 5    of such committee in writing designating the time  and  place
 6    at  which such special meeting is to be held and the business
 7    which it is proposed to present at such special meeting.
 8        (i)  Except as otherwise provided in this Act, whenever a
 9    vacancy exists in the office of precinct committeeman because
10    no one was elected to that office  or  because  the  precinct
11    committeeman  ceases  to  reside  in  the precinct or for any
12    other reason, the chairman of the county central committee of
13    the appropriate political party may fill the vacancy in  such
14    office  by  appointment of a qualified resident of the county
15    and the appointed precinct committeeman shall serve as though
16    elected; however, no such appointment may be made between the
17    general primary election and the 14th day after  the  general
18    primary election.
19        (j)  If  the  number  of  Congressional  Districts in the
20    State of Illinois is reduced as a result  of  reapportionment
21    of  Congressional  Districts  following  a  federal decennial
22    census, the State Central Committeemen and Committeewomen  of
23    a political party which elects its State Central Committee by
24    either  Alternative A or by Alternative B under paragraph (a)
25    of Section 7-8 who were previously elected shall continue  to
26    serve  as  if  no  reapportionment  had  occurred  until  the
27    expiration of their terms.
28    (Source: P.A. 89-5, eff. 1-1-96; 90-627, eff. 7-10-98.)

29        (10 ILCS 5/22-1) (from Ch. 46, par. 22-1)
30        Sec.  22-1.  Abstracts of votes.  Within 7 days after the
31    close  of  the  election  at  which  candidates  for  offices
32    hereinafter named in this Section are voted upon, the  county
33    clerks of the respective counties, with the assistance of the
 
                            -16-     LRB093 13030 NHT 18264 b
 1    chairmen  of  the county central committees of the Republican
 2    and Democratic parties of the county, shall open the  returns
 3    and  make abstracts of the votes on a separate sheet for each
 4    of the following:
 5        A.  For Governor and Lieutenant Governor;
 6        B.  For State officers;
 7        C.  For presidential electors;
 8        D.  For United States  Senators  and  Representatives  to
 9    Congress;
10        E.  For judges of the Supreme Court;
11        F.  For judges of the Appellate Court;
12        G.  For judges of the circuit court;
13        H.  For  Senators  and  Representatives  to  the  General
14    Assembly;
15        I.  For   State's   Attorneys  elected  from  2  or  more
16    counties;
17        J.  For amendments to the  Constitution,  and  for  other
18    propositions submitted to the electors of the entire State;
19        K.  For county officers and for propositions submitted to
20    the electors of the county only;
21        L.  For Regional Superintendent of Schools;
22        M.  For trustees of Sanitary Districts; and
23        N.  For  Trustee  of a Regional Board of School Trustees;
24    and.
25        O.  For trustees of the University of Illinois.
26        Multiple  originals  of  each  of  the  sheets  shall  be
27    prepared and one of each shall be turned over to the chairman
28    of the county central committee of each of the then  existing
29    established political parties, as defined in Section 10-2, or
30    his  duly  authorized  representative  immediately  after the
31    completion of the entries on the sheets and before the totals
32    have been compiled.
33        The foregoing abstracts shall be preserved by the  county
34    clerk in his office.
 
                            -17-     LRB093 13030 NHT 18264 b
 1        Whenever  any  county  chairman  is  also county clerk or
 2    whenever any county chairman is unable to serve as  a  member
 3    of  such  canvassing  board the vice-chairman or secretary of
 4    his county central committee, in that order, shall  serve  in
 5    his  place as member of such canvassing board; provided, that
 6    if none of  these  persons  is  able  to  serve,  the  county
 7    chairman may appoint a member of his county central committee
 8    to serve as a member of such canvassing board.
 9        The  powers and duties of the county canvassing board are
10    limited to those specified in this Section. In no event shall
11    such canvassing board open any package in which  the  ballots
12    have  been  wrapped or any envelope containing "defective" or
13    "objected to" ballots, or in any manner undertake to  examine
14    the  ballots  used  in  the  election,  except as provided in
15    Section 22-9.1 or when directed by a  court  in  an  election
16    contest. Nor shall such canvassing board call in the precinct
17    judges  of  election  or any other persons to open or recount
18    the ballots.
19    (Source: P.A. 89-5, eff. 1-1-96.)

20        (10 ILCS 5/22-7) (from Ch. 46, par. 22-7)
21        Sec. 22-7. Canvass of votes; declaration and proclamation
22    of result. The  State  Board  of  Elections,  shall  proceed,
23    within  20  days  after  the  election, and sooner if all the
24    returns are received, to canvass the votes given  for  United
25    States   Senators  and  Representatives  to  Congress,  State
26    executive officers, judges of the Supreme  Court,  judges  of
27    the  Appellate  Court, judges of the Circuit Court, Senators,
28    Representatives to the General  Assembly,  State's  Attorneys
29    and  Regional  Superintendents  of  Schools elected from 2 or
30    more counties, and trustees of the  University  of  Illinois,
31    respectively,  and  the  persons having the highest number of
32    votes for the  respective  offices  shall  be  declared  duly
33    elected,  but  if  it  appears  that  more than the number of
 
                            -18-     LRB093 13030 NHT 18264 b
 1    persons to be elected have the highest and an equal number of
 2    votes for the same office, the electoral board  shall  decide
 3    by  lot  which  of such persons shall be elected; and to each
 4    person duly elected, the Governor shall give a certificate of
 5    election or commission, as the case may  require,  and  shall
 6    cause  proclamation  to be made of the result of the canvass,
 7    and they shall at the same  time  and  in  the  same  manner,
 8    canvass  the  vote  cast upon amendments to the Constitution,
 9    and upon other propositions submitted to the electors of  the
10    entire  State;  and  the Governor shall cause to be made such
11    proclamation of the result of the  canvass  as  the  statutes
12    elsewhere   provide.  The  State  Board  of  Elections  shall
13    transmit to the State  Comptroller  a  list  of  the  persons
14    elected  to the various offices. The State Board of Elections
15    shall also transmit to the Supreme Court the names of persons
16    elected to judgeships in adversary elections and the names of
17    judges who fail to win retention in office.
18    (Source: P.A. 89-5, eff. 1-1-96.)

19        (10 ILCS 5/23-1.1a) (from Ch. 46, par. 23-1.1a)
20        Sec.   23-1.1a.    Election   contest   -   Statewide   -
21    Jurisdiction.  The Supreme Court shall have jurisdiction over
22    contests of the results of any election, including a primary,
23    for an elected officer provided  for  in  Article  V  of  the
24    Constitution  and  for trustee of the University of Illinois,
25    and shall retain jurisdiction throughout the course  of  such
26    election contests.
27    (Source: P.A. 89-5, eff. 1-1-96.)

28        (10 ILCS 5/23-1.2a) (from Ch. 46, par. 23-1.2a)
29        Sec. 23-1.2a.  Election contest - Statewide offices - Who
30    may  contest  - Time and place for filing - Fee.  The results
31    of an election, including a primary, for an elected executive
32    officer provided for in Article V of the Constitution or  for
 
                            -19-     LRB093 13030 NHT 18264 b
 1    trustee  of  the University of Illinois may be challenged (1)
 2    by any candidate whose  name  was  on  the  ballot  for  that
 3    office,  (2)  by any person who filed a declaration of intent
 4    to be a write-in candidate for that office,  or  (3)  by  any
 5    person  who  voted  in  that  election,  provided  that  such
 6    person's challenge is supported by a verified petition signed
 7    by persons who voted in the election in a number no less than
 8    the  largest  number  of  signatures  required  to nominate a
 9    person to  be  a  candidate  of  any  political  party  which
10    nominated a candidate for the office being contested.
11        Any  person, including a candidate, qualified pursuant to
12    this Section and  desiring  to  contest  the  results  of  an
13    election for such an office shall, within 15 days of the date
14    of  the  official  proclamation  of results of such election,
15    file a Petition of State Election Contest with the  clerk  of
16    the Supreme Court together with a filing fee in the amount of
17    $10,000.
18    (Source: P.A. 89-5, eff. 1-1-96.)

19        (10 ILCS 5/23-1.13a) (from Ch. 46, par. 23-1.13a)
20        Sec.  23-1.13a.   If  any  of  the powers or duties to be
21    exercised or performed by the Supreme  Court  under  Sections
22    23-1.1a   through   23-1.12a   may  not  constitutionally  be
23    exercised or performed by the  Supreme  Court  by  reason  of
24    jurisdictional  limitations,  then  Sections  23-1.1a through
25    23-1.12a shall nonetheless continue  to  govern  contests  of
26    elections  for  elected officers provided for in Article V of
27    the Constitution  and  for  trustees  of  the  University  of
28    Illinois, and in such event the Supreme Court shall, pursuant
29    to  its general administrative and supervisory powers, assign
30    to a circuit court those adjudicatory powers and duties  with
31    respect  to  such  a  contest  as  may  not  be  exercised or
32    performed  by  the  Supreme  Court,  subject  to  appropriate
33    judicial review.
 
                            -20-     LRB093 13030 NHT 18264 b
 1    (Source: P.A. 89-5, eff. 1-1-96.)

 2        Section 15.  The University of Illinois Trustees  Act  is
 3    amended by changing Section 1 as follows:

 4        (110 ILCS 310/1) (from Ch. 144, par. 41)
 5        Sec. 1.  Membership.
 6        (a)  The  Board of Trustees of the University of Illinois
 7    shall consist of the Governor and at least 12 trustees.  Nine
 8    trustees  shall be appointed by the Governor, by and with the
 9    advice and consent of the Senate; however,  with  respect  to
10    these  9  trustees,  beginning  with  the general election in
11    2004, a trustee shall instead  be  elected  at  each  general
12    election to succeed each incumbent trustee whose term expires
13    in  January of the year next following that general election.
14    The other trustees shall be students,  of  whom  one  student
15    shall be selected from each University campus.
16        (b)  Each student trustee shall serve a term of one year,
17    beginning  on  July 1 or on the date of his or her selection,
18    whichever is later, and expiring on the next succeeding  June
19    30.
20        (c)  Each  trustee  shall  have  all of the privileges of
21    membership, except that only one student trustee  shall  have
22    the right to cast a legally binding vote.  The Governor shall
23    designate  which  one  of the student trustees shall possess,
24    for his or her entire term,  the  right  to  cast  a  legally
25    binding  vote.  Each student trustee who does not possess the
26    right to cast a legally binding vote shall have the right  to
27    cast  an  advisory  vote  and  the  right  to make and second
28    motions and to attend executive sessions.
29        (d)  Each trustee shall be governed by the same  conflict
30    of  interest standards. Pursuant to those standards, it shall
31    not be a conflict of interest for a student trustee  to  vote
32    on  matters pertaining to students generally, such as tuition
 
                            -21-     LRB093 13030 NHT 18264 b
 1    and fees. However, it shall be a conflict of interest  for  a
 2    student   trustee   to  vote  on  faculty  member  tenure  or
 3    promotion.
 4        (e)  Student trustees  shall  be  chosen  by  campus-wide
 5    student  election,  and the student trustee designated by the
 6    Governor to possess a legally binding vote shall  be  one  of
 7    the  students selected by this method.  A student trustee who
 8    does not possess a legally binding vote on  a  measure  at  a
 9    meeting  of  the  Board or any of its committees shall not be
10    considered a trustee for the purpose of determining whether a
11    quorum is present at the time that  measure  is  voted  upon.
12    To  be  eligible for selection as a student trustee and to be
13    eligible to remain as a voting or nonvoting student  trustee,
14    a student trustee must be a resident of this State, must have
15    and  maintain  a grade point average that is equivalent to at
16    least 2.5 on a 4.0 scale, and must be  a  full  time  student
17    enrolled at all times during his or her term of office except
18     for  that  part  of the term which follows the completion of
19    the last full  regular  semester  of  an  academic  year  and
20    precedes  the  first  full regular semester of the succeeding
21    academic year at the University (sometimes commonly  referred
22    to  as  the summer session or summer school).  If a voting or
23    nonvoting student  trustee  fails  to  continue  to  meet  or
24    maintain  the  residency,  minimum  grade  point  average, or
25    enrollment requirement established by this  Section,  his  or
26    her   membership  on  the  Board  shall  be  deemed  to  have
27    terminated by operation of law.
28        If a voting student trustee resigns or  otherwise  ceases
29    to  serve  on  the Board, the Governor shall, within 30 days,
30    designate one of the remaining student  trustees  to  possess
31    the right to cast a legally binding vote for the remainder of
32    his  or  her term.  If a nonvoting student trustee resigns or
33    otherwise ceases to serve on the Board, the  chief  executive
34    of  the  student government from that campus shall, within 30
 
                            -22-     LRB093 13030 NHT 18264 b
 1    days, select a new nonvoting student trustee to serve for the
 2    remainder of the term.
 3        (f)  Until those members elected at the general  election
 4    in  2004 have taken office, no more than 5 of the 9 appointed
 5    trustees shall be affiliated with the same  political  party.
 6    Each  trustee appointed by the Governor must be a resident of
 7    this State.  A failure to meet  or  maintain  this  residency
 8    requirement  constitutes  a  resignation  from  and creates a
 9    vacancy in the Board. The term of office  of  each  of  these
10    appointed  trustees  trustee  shall be 6 years from the third
11    Monday in January of each  odd  numbered  year.  The  regular
12    terms  of  office  of  these  the appointed trustees shall be
13    staggered so that 3 terms expire in each  odd-numbered  year.
14    Vacancies  for  these  appointed trustees shall be filled for
15    the  unexpired  term  in  the   same   manner   as   original
16    appointments.   If  these  vacancies  a vacancy in membership
17    occur occurs at a time when the Senate is not in session, the
18    Governor shall make temporary  appointments  until  the  next
19    meeting  of the Senate, when he shall appoint persons to fill
20    such memberships for the remainder of their respective terms.
21    If the Senate is not in session when appointments for a  full
22    term  are  made, appointments shall be made as in the case of
23    vacancies.
24        Beginning with the general election in 2004,  3  trustees
25    shall  be elected at the general election in November of each
26    even-numbered year in the manner provided by law. The term of
27    office of each elected trustee shall  be  6  years  from  the
28    third  Monday  in January next succeeding his or her election
29    and until his or her successor is elected and  qualified.  In
30    case  of  a vacancy in an elected trustee's seat, the vacancy
31    shall be filled by appointment by the Governor  (i)  for  the
32    unexpired  term  if  28 or fewer months remain in the term or
33    (ii) if more than 28 months  remain  in  the  term,  until  a
34    trustee  is elected at the next general election to serve for
 
                            -23-     LRB093 13030 NHT 18264 b
 1    the unexpired term and is qualified.
 2        (g)  Each elected or appointed trustee must be a resident
 3    of this State. A failure to meet or maintain  this  residency
 4    requirement  constitutes  a  resignation  from  and creates a
 5    vacancy in the Board.
 6        (h)  No action of  the  board  shall  be  invalidated  by
 7    reason  of  any  vacancies  on the board, or by reason of any
 8    failure to select student trustees.
 9    (Source: P.A.  91-778,  eff.  1-1-01;  91-798,  eff.  7-9-00;
10    92-16, eff. 6-28-01.)

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