093_SB0697eng SB697 Engrossed LRB093 10046 NHT 10297 b 1 AN ACT regarding schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 3A-6 as follows: 6 (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6) 7 Sec. 3A-6. Election of Superintendent for consolidated 8 region - Bond - Vacancies in any educational service region. 9 (a) The regional superintendent to be elected under 10 Section 3A-5 shall be elected at the time provided in the 11 general election law and must possess the qualifications 12 described in Section 3-1 of this Act. 13 (b) The bond required under Section 3-2 shall be filed 14 in the office of the county clerk in the county where the 15 regional office is situated, and a certified copy of that 16 bond shall be filed in the office of the county clerk in each 17 of the other counties in the region. 18 (c) When a vacancy occurs in the office of regional 19 superintendent of schools of any educational service region 20 which is not located in a county which is a home rule unit, 21 such vacancy shall be filled within 60 days (i) by 22 appointment of the county chairman of the same political 23 party as the regional superintendent of schools the appointee 24 succeeds was at the time the regional superintendent of 25 schools was last electedcounty board, with the advice and26consent of the county board,when such vacancy occurs in a 27 single county educational service region; or (ii) by 28 appointment of a committee composed of the county chairmen of 29 the same political party as the regional superintendent of 30 schools the appointee succeeds was at the time the regional 31 superintendent of schools was last electedcounty boardsof SB697 Engrossed -2- LRB093 10046 NHT 10297 b 1 those counties comprising the affected educational service 2 region when such vacancy occurs in a multicounty educational 3 service region, each committeeman to be entitled to one vote 4 for each vote that was received in the county represented by 5 such committeeman on the committee by the regional 6 superintendent of schools whose office is vacant at the last 7 election at which a regional superintendent was elected to 8 such office, and the person receiving the highest number of 9 affirmative votes from the committeemen for such vacant 10 office to be deemed the person appointed by such committee to 11 fill the vacancy. The appointee shall be a member of the same 12 political party as the regional superintendent of schools the 13 appointee succeeds was at the time such regional 14 superintendent of schools last was elected. The appointee 15 shall serve for the remainder of the term. However, if more 16 than 28 months remain in that term, the appointment shall be 17 until the next general election, at which time the vacated 18 office shall be filled by election for the remainder of the 19 term. Nominations shall be made and any vacancy in 20 nomination shall be filled as follows: 21 (1) If the vacancy in office occurs before the 22 first date provided in Section 7-12 of the Election Code 23 for filing nomination papers for county offices for the 24 primary in the next even-numbered year following 25 commencement of the term of office in which the vacancy 26 occurs, nominations for the election for filling the 27 vacancy shall be made pursuant to Article 7 of the 28 Election Code. 29 (2) If the vacancy in office occurs during the time 30 provided in Section 7-12 of the Election Code for filing 31 nomination papers for county offices for the primary in 32 the next even-numbered year following commencement of the 33 term of office in which the vacancy occurs, the time for 34 filing nomination papers for the primary shall not be SB697 Engrossed -3- LRB093 10046 NHT 10297 b 1 more than 91 days nor less than 85 days prior to the date 2 of the primary. 3 (3) If the vacancy in office occurs after the last 4 day provided in Section 7-12 of the Election Code for 5 filing nomination papers for county offices for the 6 primary in the next even-numbered year following 7 commencement of the term of office in which the vacancy 8 occurs, a vacancy in nomination shall be deemed to have 9 occurred and the county central committee of each 10 established political party (if the vacancy occurs in a 11 single county educational service region) or the 12 multi-county educational service region committee of each 13 established political party (if the vacancy occurs in a 14 multi-county educational service region) shall nominate, 15 by resolution, a candidate to fill the vacancy in 16 nomination for election to the office at the general 17 election. In the nomination proceedings to fill the 18 vacancy in nomination, each member of the county central 19 committee or the multi-county educational service region 20 committee, whichever applies, shall have the voting 21 strength as set forth in Section 7-8 or 7-8.02 of the 22 Election Code, respectively. The name of the candidate 23 so nominated shall not appear on the ballot at the 24 general primary election. The vacancy in nomination 25 shall be filled prior to the date of certification of 26 candidates for the general election. 27 (4) The resolution to fill the vacancy shall be 28 duly acknowledged before an officer qualified to take 29 acknowledgments of deeds and shall include, upon its 30 face, the following information: (A) the name of the 31 original nominee and the office vacated; (B) the date on 32 which the vacancy occurred; and (C) the name and address 33 of the nominee selected to fill the vacancy and the date 34 of selection. The resolution to fill the vacancy shall be SB697 Engrossed -4- LRB093 10046 NHT 10297 b 1 accompanied by a statement of candidacy, as prescribed in 2 Section 7-10 of the Election Code, completed by the 3 selected nominee, a certificate from the State Board of 4 Education, as prescribed in Section 3-1 of this Code, and 5 a receipt indicating that the nominee has filed a 6 statement of economic interests as required by the 7 Illinois Governmental Ethics Act. 8 The provisions of Sections 10-8 through 10-10.1 of the 9 Election Code relating to objections to nomination papers, 10 hearings on objections, and judicial review shall also apply 11 to and govern objections to nomination papers and resolutions 12 for filling vacancies in nomination filed pursuant to this 13 Section. Unless otherwise specified in this Section, the 14 nomination and election provided for in this Section is 15 governed by the general election law. 16 Except as otherwise provided by applicable county 17 ordinance or by law, if a vacancy occurs in the office of 18 regional superintendent of schools of an educational service 19 region that is located in a county that is a home rule unit 20 and that has a population of less than 2,000,000 inhabitants, 21 that vacancy shall be filled by the county board of such home 22 rule county. 23 Until July 1, 2003 or until the regional superintendent 24 of schools elected in 2002 takes office, whichever occurs 25 first, if a vacancy exists in the office of regional 26 superintendent of schools of an educational service region 27 that is located in a county that is a home rule unit and that 28 has a population of 2,000,000 or more inhabitants, then that 29 vacancy shall be filled by the first assistant 30 superintendent/deputy superintendent until the end of the 31 term to which the regional superintendent was elected. 32 Any person appointed to fill a vacancy in the office of 33 regional superintendent of schools of any educational service 34 region must possess the qualifications required to be elected SB697 Engrossed -5- LRB093 10046 NHT 10297 b 1 to the position of regional superintendent of schools, and 2 shall obtain a certificate of eligibility from the State 3 Superintendent of Education and file same with the county 4 clerk of the county in which the regional superintendent's 5 office is located. 6 If the regional superintendent of schools is called into 7 the active military service of the United States, his office 8 shall not be deemed to be vacant, but a temporary appointment 9 shall be made as in the case of a vacancy. The appointee 10 shall perform all the duties of the regional superintendent 11 of schools during the time the regional superintendent of 12 schools is in the active military service of the United 13 States, and shall be paid the same compensation apportioned 14 as to the time of service, and such appointment and all 15 authority thereunder shall cease upon the discharge of the 16 regional superintendent of schools from such active military 17 service. The appointee shall give the same bond as is 18 required of a regularly elected regional superintendent of 19 schools. 20 (Source: P.A. 92-277, eff. 8-7-01; 92-869, eff. 1-3-03.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.