103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1489

 

Introduced 2/7/2023, by Sen. Tom Bennett

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-1.2  from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-56 new
10 ILCS 5/10-6  from Ch. 46, par. 10-6
10 ILCS 5/10-9  from Ch. 46, par. 10-9
10 ILCS 5/22-1  from Ch. 46, par. 22-1
10 ILCS 5/22-7  from Ch. 46, par. 22-7
105 ILCS 5/1A-1  from Ch. 122, par. 1A-1
105 ILCS 5/1A-2  from Ch. 122, par. 1A-2
105 ILCS 5/1A-2.1  from Ch. 122, par. 1A-2.1
105 ILCS 5/1A-4  from Ch. 122, par. 1A-4

    Amends the Election Code and the School Code. Provides for 5 new members of the State Board of Education to be elected at the general election in 2024 and every 4 years thereafter (now, the Board consists of 8 members appointed by the Governor with the advice and consent of the Senate). Provides that one member shall be elected from each judicial district. Provides that the 5 members shall be elected on a nonpartisan basis. Provides that each of these members shall serve for a term of 4 years. Specifies qualifications to be an elected member. Makes related changes. Effective immediately.


LRB103 26941 RJT 53306 b

 

 

A BILL FOR

 

SB1489LRB103 26941 RJT 53306 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 2A-1.2, 10-6, 10-9, 22-1, and 22-7 and by adding
6Section 2A-56 as follows:
 
7    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
8    Sec. 2A-1.2. Consolidated schedule of elections; offices
9designated.
10    (a) At the general election in the appropriate
11even-numbered years, the following offices shall be filled or
12shall be on the ballot as otherwise required by this Code:
13        (1) Elector of President and Vice President of the
14    United States.
15        (2) United States Senator and United States
16    Representative.
17        (3) State Executive Branch elected officers.
18        (4) State Senator and State Representative.
19        (5) County elected officers, including State's
20    Attorney, County Board member, County Commissioners, and
21    elected President of the County Board or County Chief
22    Executive.
23        (6) Circuit Court Clerk.

 

 

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1        (7) Regional Superintendent of Schools, except in
2    counties or educational service regions in which that
3    office has been abolished.
4        (8) Judges of the Supreme, Appellate and Circuit
5    Courts, on the question of retention, to fill vacancies
6    and newly created judicial offices.
7        (9) (Blank).
8        (10) Trustee of the Metropolitan Water Reclamation
9    District of Greater Chicago, and elected Trustee of other
10    Sanitary Districts.
11        (11) Special District elected officers, not otherwise
12    designated in this Section, where the statute creating or
13    authorizing the creation of the district requires an
14    annual election and permits or requires election of
15    candidates of political parties.
16        (12) Beginning with the 2024 general election, the
17    elected members of the Chicago Board of Education; the
18    election of members of the Chicago Board of Education
19    shall be a nonpartisan election as provided for under this
20    Code and may be conducted on a separate ballot.
21        (13) Beginning on November 5, 2024, 5 members of the
22    State Board of Education.
23    (b) At the general primary election:
24        (1) in each even-numbered year candidates of political
25    parties shall be nominated for those offices to be filled
26    at the general election in that year, except where

 

 

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1    pursuant to law nomination of candidates of political
2    parties is made by caucus.
3        (2) in the appropriate even-numbered years the
4    political party offices of State central committeeperson,
5    township committeeperson, ward committeeperson, and
6    precinct committeeperson shall be filled and delegates and
7    alternate delegates to the National nominating conventions
8    shall be elected as may be required pursuant to this Code.
9    In the even-numbered years in which a Presidential
10    election is to be held, candidates in the Presidential
11    preference primary shall also be on the ballot.
12        (3) in each even-numbered year, where the municipality
13    has provided for annual elections to elect municipal
14    officers pursuant to Section 6(f) or Section 7 of Article
15    VII of the Constitution, pursuant to the Illinois
16    Municipal Code or pursuant to the municipal charter, the
17    offices of such municipal officers shall be filled at an
18    election held on the date of the general primary election,
19    provided that the municipal election shall be a
20    nonpartisan election where required by the Illinois
21    Municipal Code. For partisan municipal elections in
22    even-numbered years, a primary to nominate candidates for
23    municipal office to be elected at the general primary
24    election shall be held on the Tuesday 6 weeks preceding
25    that election.
26        (4) in each school district which has adopted the

 

 

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1    provisions of Article 33 of the School Code, successors to
2    the members of the board of education whose terms expire
3    in the year in which the general primary is held shall be
4    elected.
5    (c) At the consolidated election in the appropriate
6odd-numbered years, the following offices shall be filled:
7        (1) Municipal officers, provided that in
8    municipalities in which candidates for alderperson or
9    other municipal office are not permitted by law to be
10    candidates of political parties, the runoff election where
11    required by law, or the nonpartisan election where
12    required by law, shall be held on the date of the
13    consolidated election; and provided further, in the case
14    of municipal officers provided for by an ordinance
15    providing the form of government of the municipality
16    pursuant to Section 7 of Article VII of the Constitution,
17    such offices shall be filled by election or by runoff
18    election as may be provided by such ordinance;
19        (2) Village and incorporated town library directors;
20        (3) City boards of stadium commissioners;
21        (4) Commissioners of park districts;
22        (5) Trustees of public library districts;
23        (6) Special District elected officers, not otherwise
24    designated in this Section, where the statute creating or
25    authorizing the creation of the district permits or
26    requires election of candidates of political parties;

 

 

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1        (7) Township officers, including township park
2    commissioners, township library directors, and boards of
3    managers of community buildings, and Multi-Township
4    Assessors;
5        (8) Highway commissioners and road district clerks;
6        (9) Members of school boards in school districts which
7    adopt Article 33 of the School Code;
8        (10) The directors and chair of the Chain O Lakes - Fox
9    River Waterway Management Agency;
10        (11) Forest preserve district commissioners elected
11    under Section 3.5 of the Downstate Forest Preserve
12    District Act;
13        (12) Elected members of school boards, school
14    trustees, directors of boards of school directors,
15    trustees of county boards of school trustees (except in
16    counties or educational service regions having a
17    population of 2,000,000 or more inhabitants) and members
18    of boards of school inspectors, except school boards in
19    school districts that adopt Article 33 of the School Code;
20        (13) Members of Community College district boards;
21        (14) Trustees of Fire Protection Districts;
22        (15) Commissioners of the Springfield Metropolitan
23    Exposition and Auditorium Authority;
24        (16) Elected Trustees of Tuberculosis Sanitarium
25    Districts;
26        (17) Elected Officers of special districts not

 

 

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1    otherwise designated in this Section for which the law
2    governing those districts does not permit candidates of
3    political parties.
4    (d) At the consolidated primary election in each
5odd-numbered year, candidates of political parties shall be
6nominated for those offices to be filled at the consolidated
7election in that year, except where pursuant to law nomination
8of candidates of political parties is made by caucus, and
9except those offices listed in paragraphs (12) through (17) of
10subsection (c).
11    At the consolidated primary election in the appropriate
12odd-numbered years, the mayor, clerk, treasurer, and
13alderpersons shall be elected in municipalities in which
14candidates for mayor, clerk, treasurer, or alderperson are not
15permitted by law to be candidates of political parties,
16subject to runoff elections to be held at the consolidated
17election as may be required by law, and municipal officers
18shall be nominated in a nonpartisan election in municipalities
19in which pursuant to law candidates for such office are not
20permitted to be candidates of political parties.
21    At the consolidated primary election in the appropriate
22odd-numbered years, municipal officers shall be nominated or
23elected, or elected subject to a runoff, as may be provided by
24an ordinance providing a form of government of the
25municipality pursuant to Section 7 of Article VII of the
26Constitution.

 

 

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1    (e) (Blank).
2    (f) At any election established in Section 2A-1.1, public
3questions may be submitted to voters pursuant to this Code and
4any special election otherwise required or authorized by law
5or by court order may be conducted pursuant to this Code.
6    Notwithstanding the regular dates for election of officers
7established in this Article, whenever a referendum is held for
8the establishment of a political subdivision whose officers
9are to be elected, the initial officers shall be elected at the
10election at which such referendum is held if otherwise so
11provided by law. In such cases, the election of the initial
12officers shall be subject to the referendum.
13    Notwithstanding the regular dates for election of
14officials established in this Article, any community college
15district which becomes effective by operation of law pursuant
16to Section 6-6.1 of the Public Community College Act, as now or
17hereafter amended, shall elect the initial district board
18members at the next regularly scheduled election following the
19effective date of the new district.
20    (g) At any election established in Section 2A-1.1, if in
21any precinct there are no offices or public questions required
22to be on the ballot under this Code then no election shall be
23held in the precinct on that date.
24    (h) There may be conducted a referendum in accordance with
25the provisions of Division 6-4 of the Counties Code.
26(Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22;

 

 

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1102-558, eff. 8-20-21; 102-691, eff. 12-17-21.)
 
2    (10 ILCS 5/2A-56 new)
3    Sec. 2A-56. State Board of Education; time of election.
4Five members of the State Board of Education shall be elected
5at the general election in 2024 and at the general election
6every 4 years thereafter.
 
7    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
8    Sec. 10-6. Time and manner of filing. Except as otherwise
9provided in this Code, certificates of nomination and
10nomination papers for the nomination of candidates for offices
11to be filled by electors of the entire State, or any district
12not entirely within a county, or for congressional, state
13legislative, or judicial offices, or for elected members of
14the State Board of Education , shall be presented to the
15principal office of the State Board of Elections not more than
16141 nor less than 134 days previous to the day of election for
17which the candidates are nominated. The State Board of
18Elections shall endorse the certificates of nomination or
19nomination papers, as the case may be, and the date and hour of
20presentment to it. Except as otherwise provided in this Code,
21all other certificates for the nomination of candidates shall
22be filed with the county clerk of the respective counties not
23more than 141 but at least 134 days previous to the day of such
24election. Certificates of nomination and nomination papers for

 

 

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1the nomination of candidates for school district offices to be
2filled at consolidated elections shall be filed with the
3county clerk or county board of election commissioners of the
4county in which the principal office of the school district is
5located not more than 113 nor less than 106 days before the
6consolidated election. Except as otherwise provided in this
7Code, certificates of nomination and nomination papers for the
8nomination of candidates for the other offices of political
9subdivisions to be filled at regular elections other than the
10general election shall be filed with the local election
11official of such subdivision:
12        (1) (Blank);
13        (2) not more than 113 nor less than 106 days prior to
14    the consolidated election; or
15        (3) not more than 113 nor less than 106 days prior to
16    the general primary in the case of municipal offices to be
17    filled at the general primary election; or
18        (4) not more than 99 nor less than 92 days before the
19    consolidated primary in the case of municipal offices to
20    be elected on a nonpartisan basis pursuant to law
21    (including without limitation, those municipal offices
22    subject to Articles 4 and 5 of the Municipal Code); or
23        (5) not more than 113 nor less than 106 days before the
24    municipal primary in even numbered years for such
25    nonpartisan municipal offices where annual elections are
26    provided; or

 

 

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1        (6) in the case of petitions for the office of
2    multi-township assessor, such petitions shall be filed
3    with the election authority not more than 113 nor less
4    than 106 days before the consolidated election.
5    However, where a political subdivision's boundaries are
6co-extensive with or are entirely within the jurisdiction of a
7municipal board of election commissioners, the certificates of
8nomination and nomination papers for candidates for such
9political subdivision offices shall be filed in the office of
10such Board.
11(Source: P.A. 102-15, eff. 6-17-21.)
 
12    (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
13    Sec. 10-9. The following electoral boards are designated
14for the purpose of hearing and passing upon the objector's
15petition described in Section 10-8.
16        1. The State Board of Elections will hear and pass
17    upon objections to the nominations of candidates for State
18    offices, nominations of candidates for the elected members
19    of the State Board of Education, nominations of candidates
20    for congressional or legislative offices that are in more
21    than one county or are wholly located within a single
22    county with a population of less than 3,000,000 and
23    judicial offices of districts, subcircuits, or circuits
24    situated in more than one county, nominations of
25    candidates for the offices of State's attorney or regional

 

 

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1    superintendent of schools to be elected from more than one
2    county, and petitions for proposed amendments to the
3    Constitution of the State of Illinois as provided for in
4    Section 3 of Article XIV of the Constitution.
5        2. The county officers electoral board of a county
6    with a population of less than 3,000,000 to hear and pass
7    upon objections to the nominations of candidates for
8    county offices and judicial offices of a district,
9    subcircuit, or circuit coterminous with or less than a
10    county, for any school district offices, for the office of
11    multi-township assessor where candidates for such office
12    are nominated in accordance with this Code, and for all
13    special district offices, shall be composed of the county
14    clerk, or an assistant designated by the county clerk, the
15    State's attorney of the county or an Assistant State's
16    Attorney designated by the State's Attorney, and the clerk
17    of the circuit court, or an assistant designated by the
18    clerk of the circuit court, of the county, of whom the
19    county clerk or his designee shall be the chair, except
20    that in any county which has established a county board of
21    election commissioners that board shall constitute the
22    county officers electoral board ex-officio. If a school
23    district is located in 2 or more counties, the county
24    officers electoral board of the county in which the
25    principal office of the school district is located shall
26    hear and pass upon objections to nominations of candidates

 

 

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1    for school district office in that school district.
2        2.5. The county officers electoral board of a county
3    with a population of 3,000,000 or more to hear and pass
4    upon objections to the nominations of candidates for
5    county offices, candidates for congressional and
6    legislative offices if the district is wholly within a
7    county with a population of 3,000,000 or more, unless the
8    district is wholly or partially within the jurisdiction of
9    a municipal board of election commissioners, and judicial
10    offices of a district, subcircuit, or circuit coterminous
11    with or less than a county, for any school district
12    offices, for the office of multi-township assessor where
13    candidates for such office are nominated in accordance
14    with this Code, and for all special district offices,
15    shall be composed of the county clerk, or an assistant
16    designated by the county clerk, the State's Attorney of
17    the county or an Assistant State's Attorney designated by
18    the State's Attorney, and the clerk of the circuit court,
19    or an assistant designated by the clerk of the circuit
20    court, of the county, of whom the county clerk or his
21    designee shall be the chair, except that, in any county
22    which has established a county board of election
23    commissioners, that board shall constitute the county
24    officers electoral board ex-officio. If a school district
25    is located in 2 or more counties, the county officers
26    electoral board of the county in which the principal

 

 

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1    office of the school district is located shall hear and
2    pass upon objections to nominations of candidates for
3    school district office in that school district.
4        3. The municipal officers electoral board to hear and
5    pass upon objections to the nominations of candidates for
6    officers of municipalities shall be composed of the mayor
7    or president of the board of trustees of the city, village
8    or incorporated town, and the city, village or
9    incorporated town clerk, and one member of the city
10    council or board of trustees, that member being designated
11    who is eligible to serve on the electoral board and has
12    served the greatest number of years as a member of the city
13    council or board of trustees, of whom the mayor or
14    president of the board of trustees shall be the chair.
15        4. The township officers electoral board to pass upon
16    objections to the nominations of township officers shall
17    be composed of the township supervisor, the town clerk,
18    and that eligible town trustee elected in the township who
19    has had the longest term of continuous service as town
20    trustee, of whom the township supervisor shall be the
21    chair.
22        5. The education officers electoral board to hear and
23    pass upon objections to the nominations of candidates for
24    offices in community college districts shall be composed
25    of the presiding officer of the community college district
26    board, who shall be the chair, the secretary of the

 

 

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1    community college district board and the eligible elected
2    community college board member who has the longest term of
3    continuous service as a board member.
4        6. In all cases, however, where the Congressional,
5    Legislative, or Representative district is wholly or
6    partially within the jurisdiction of a single municipal
7    board of election commissioners in Cook County and in all
8    cases where the school district or special district is
9    wholly within the jurisdiction of a municipal board of
10    election commissioners and in all cases where the
11    municipality or township is wholly or partially within the
12    jurisdiction of a municipal board of election
13    commissioners, the board of election commissioners shall
14    ex-officio constitute the electoral board.
15    For special districts situated in more than one county,
16the county officers electoral board of the county in which the
17principal office of the district is located has jurisdiction
18to hear and pass upon objections. For purposes of this
19Section, "special districts" means all political subdivisions
20other than counties, municipalities, townships and school and
21community college districts.
22    In the event that any member of the appropriate board is a
23candidate for the office with relation to which the objector's
24petition is filed, he shall not be eligible to serve on that
25board and shall not act as a member of the board and his place
26shall be filled as follows:

 

 

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1        a. In the county officers electoral board by the
2    county treasurer, and if he or she is ineligible to serve,
3    by the sheriff of the county.
4        b. In the municipal officers electoral board by the
5    eligible elected city council or board of trustees member
6    who has served the second greatest number of years as a
7    city council or board of trustees member.
8        c. In the township officers electoral board by the
9    eligible elected town trustee who has had the second
10    longest term of continuous service as a town trustee.
11        d. In the education officers electoral board by the
12    eligible elected community college district board member
13    who has had the second longest term of continuous service
14    as a board member.
15    In the event that the chair of the electoral board is
16ineligible to act because of the fact that he or she is a
17candidate for the office with relation to which the objector's
18petition is filed, then the substitute chosen under the
19provisions of this Section shall be the chair; In this case,
20the officer or board with whom the objector's petition is
21filed, shall transmit the certificate of nomination or
22nomination papers as the case may be, and the objector's
23petition to the substitute chair of the electoral board.
24    When 2 or more eligible individuals, by reason of their
25terms of service on a city council or board of trustees,
26township board of trustees, or community college district

 

 

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1board, qualify to serve on an electoral board, the one to serve
2shall be chosen by lot.
3    Any vacancies on an electoral board not otherwise filled
4pursuant to this Section shall be filled by public members
5appointed by the Chief Judge of the Circuit Court for the
6county wherein the electoral board hearing is being held upon
7notification to the Chief Judge of such vacancies. The Chief
8Judge shall be so notified by a member of the electoral board
9or the officer or board with whom the objector's petition was
10filed. In the event that none of the individuals designated by
11this Section to serve on the electoral board are eligible, the
12chair of an electoral board shall be designated by the Chief
13Judge.
14(Source: P.A. 100-1027, eff. 1-1-19.)
 
15    (10 ILCS 5/22-1)   (from Ch. 46, par. 22-1)
16    Sec. 22-1. Abstracts of votes. Within 21 days after the
17close of the election at which candidates for offices
18hereinafter named in this Section are voted upon, the election
19authorities of the respective counties shall open the returns
20and make abstracts of the votes on a separate sheet for each of
21the following:
22        A. For Governor and Lieutenant Governor;
23        B. For State officers;
24        C. For presidential electors;
25        D. For United States Senators and Representatives to

 

 

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1    Congress;
2        E. For judges of the Supreme Court;
3        F. For judges of the Appellate Court;
4        G. For judges of the circuit court;
5        H. For Senators and Representatives to the General
6    Assembly;
7        I. For State's Attorneys elected from 2 or more
8    counties;
9        J. For amendments to the Constitution, and for other
10    propositions submitted to the electors of the entire
11    State;
12        K. For county officers and for propositions submitted
13    to the electors of the county only;
14        L. For Regional Superintendent of Schools;
15        M. For trustees of Sanitary Districts; and
16        N. For Trustee of a Regional Board of School Trustees;
17    and .
18        O. For elected members of the State Board of
19    Education.
20    Each sheet shall report the returns by precinct or ward.
21    Multiple originals of each of the sheets shall be prepared
22and one of each shall be turned over to the chair of the county
23central committee of each of the then existing established
24political parties, as defined in Section 10-2, or his duly
25authorized representative immediately after the completion of
26the entries on the sheets and before the totals have been

 

 

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1compiled.
2    The foregoing abstracts shall be preserved by the election
3authority in its office.
4    Whenever any county clerk is unable to canvass the vote,
5the deputy county clerk or a designee of the county clerk shall
6serve in his or her place.
7    The powers and duties of the election authority canvassing
8the votes are limited to those specified in this Section.
9    No person who is shown by the election authority's
10proclamation to have been elected at the consolidated election
11or general election as a write-in candidate shall take office
12unless that person has first filed with the certifying office
13or board a statement of candidacy pursuant to Section 7-10 or
14Section 10-5, a statement pursuant to Section 7-10.1, and a
15receipt for filing a statement of economic interests in
16relation to the unit of government to which he or she has been
17elected. For officers elected at the consolidated election,
18the certifying officer shall notify the election authority of
19the receipt of those documents, and the county clerk shall
20issue the certification of election under the provisions of
21Section 22-18.
22(Source: P.A. 100-1027, eff. 1-1-19.)
 
23    (10 ILCS 5/22-7)   (from Ch. 46, par. 22-7)
24    Sec. 22-7. Canvass of votes; declaration and proclamation
25of result. The State Board of Elections, shall proceed within

 

 

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131 days after the election, and sooner if all the returns are
2received, to canvass the votes given for United States
3Senators and Representatives to Congress, State executive
4officers, elected members of the State Board of Education,
5judges of the Supreme Court, judges of the Appellate Court,
6judges of the Circuit Court, Senators, Representatives to the
7General Assembly, State's Attorneys and Regional
8Superintendents of Schools elected from 2 or more counties,
9respectively, and the persons having the highest number of
10votes for the respective offices shall be declared duly
11elected, but if it appears that more than the number of persons
12to be elected have the highest and an equal number of votes for
13the same office, the electoral board shall decide by lot which
14of such persons shall be elected; and to each person duly
15elected, the Governor shall give a certificate of election or
16commission, as the case may require, and shall cause
17proclamation to be made of the result of the canvass, and they
18shall at the same time and in the same manner, canvass the vote
19cast upon amendments to the Constitution, and upon other
20propositions submitted to the electors of the entire State;
21and the Governor shall cause to be made such proclamation of
22the result of the canvass as the statutes elsewhere provide.
23The State Board of Elections shall transmit to the State
24Comptroller a list of the persons elected to the various
25offices. The State Board of Elections shall also transmit to
26the Supreme Court the names of persons elected to judgeships

 

 

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1in adversary elections and the names of judges who fail to win
2retention in office.
3    No person who is shown by the canvassing board's
4proclamation to have been elected at the consolidated election
5or general election as a write-in candidate shall take office
6unless that person has first filed with the certifying office
7or board a statement of candidacy pursuant to Section 7-10 or
8Section 10-5, a statement pursuant to Section 7-10.1, and a
9receipt for filing a statement of economic interests in
10relation to the unit of government to which he or she has been
11elected. For officers elected at the consolidated election,
12the certifying officer shall notify the election authority of
13the receipt of those documents, and the county clerk shall
14issue the certification of election under the provisions of
15Section 22-18.
16(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
 
17    Section 10. The School Code is amended by changing
18Sections 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:
 
19    (105 ILCS 5/1A-1)  (from Ch. 122, par. 1A-1)
20    Sec. 1A-1. Members and terms.
21    (a) (Blank).
22    (b) The State Board of Education shall consist of 5
23members initially to be elected under this amendatory Act of
24the 103rd General Assembly and 8 appointed members and a

 

 

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1chairperson, who shall be appointed by the Governor with the
2advice and consent of the Senate from a pattern of regional
3representation as follows: 2 appointees shall be selected from
4among those counties of the State other than Cook County and
5the 5 counties contiguous to Cook County, one of whom must
6represent the educator community; 2 appointees shall be
7selected from Cook County, one of whom shall be a resident of
8the City of Chicago and one of whom shall be a resident of that
9part of Cook County which lies outside the city limits of
10Chicago and of whom one must represent the educator community;
112 appointees shall be selected from among the 5 counties of the
12State that are contiguous to Cook County, one of whom must
13represent the educator community; and 3 members shall be
14selected as members-at-large (one of which shall be the
15chairperson). With respect to the educator community
16appointments, no more than one member may be employed as a
17district superintendent, principal, school business official,
18or teacher and no more than one may be employed by the same
19school district or school. The changes made to this Section by
20this amendatory Act of the 100th General Assembly apply to
21appointments made after the effective date of this amendatory
22Act of the 100th General Assembly. The Governor who takes
23office on the second Monday of January after his or her
24election shall be the person who nominates members to fill
25vacancies whose terms begin after that date and before the
26term of the next Governor begins.

 

 

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1    The term of each member of the State Board of Education
2whose term expires on January 12, 2005 shall instead terminate
3on the effective date of this amendatory Act of the 93rd
4General Assembly. Of these 3 seats, (i) the member initially
5appointed pursuant to this amendatory Act of the 93rd General
6Assembly whose seat was vacant on April 27, 2004 shall serve
7until the second Wednesday of January, 2009 and (ii) the other
82 members initially appointed pursuant to this amendatory Act
9of the 93rd General Assembly shall serve until the second
10Wednesday of January, 2007.
11    The term of the member of the State Board of Education
12whose seat was vacant on April 27, 2004 and whose term expires
13on January 10, 2007 shall instead terminate on the effective
14date of this amendatory Act of the 93rd General Assembly. The
15member initially appointed pursuant to this amendatory Act of
16the 93rd General Assembly to fill this seat shall be the
17chairperson and shall serve until the second Wednesday of
18January, 2007.
19    The term of the member of the State Board of Education
20whose seat was vacant on May 28, 2004 but after April 27, 2004
21and whose term expires on January 10, 2007 shall instead
22terminate on the effective date of this amendatory Act of the
2393rd General Assembly. The member initially appointed pursuant
24to this amendatory Act of the 93rd General Assembly to fill
25this seat shall serve until the second Wednesday of January,
262007.

 

 

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1    The term of the other member of the State Board of
2Education whose term expires on January 10, 2007 shall instead
3terminate on the effective date of this amendatory Act of the
493rd General Assembly. The member initially appointed pursuant
5to this amendatory Act of the 93rd General Assembly to fill
6this seat shall serve until the second Wednesday of January,
72007.
8    The term of the member of the State Board of Education
9whose term expires on January 14, 2009 and who was selected
10from among the 5 counties of the State that are contiguous to
11Cook County and is a resident of Lake County shall instead
12terminate on the effective date of this amendatory Act of the
1393rd General Assembly. The member initially appointed pursuant
14to this amendatory Act of the 93rd General Assembly to fill
15this seat shall serve until the second Wednesday of January,
162009.
17    Upon expiration of the terms of the members initially
18appointed under this amendatory Act of the 93rd General
19Assembly and members whose terms were not terminated by this
20amendatory Act of the 93rd General Assembly, their respective
21successors shall be appointed for terms of 4 years, from the
22second Wednesday in January of each odd numbered year and
23until their respective successors are appointed and qualified.
24    (c) Of the 4 members, excluding the chairperson, whose
25terms expire on the second Wednesday of January, 2007 and
26every 4 years thereafter, one of those members must be an

 

 

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1at-large member and at no time may more than 2 of those members
2be from one political party. Of the 4 members whose terms
3expire on the second Wednesday of January, 2009 and every 4
4years thereafter, one of those members must be an at-large
5member and at no time may more than 2 of those members be from
6one political party. Party membership is defined as having
7voted in the primary of the party in the last primary before
8appointment.
9    (c-5) Five members of the State Board of Education shall
10be elected on a nonpartisan basis at the general election in
112024 and every 4 years thereafter. One member shall be elected
12from each of the judicial districts. A petition for nomination
13of a candidate for member of the State Board shall be signed by
14(i) at least 0.5% of the total number of registered voters in
15the judicial district in which the person is a candidate for
16nomination or (ii) at least 500 signatures for candidates in
17the First Judicial District or 300 signatures for candidates
18in every other judicial district, whichever is less. Each of
19these members shall serve for a term of 4 years, from the
20second Wednesday of January until after the member's election
21and until the member's successor takes office.
22    (d) Vacancies in appointed terms shall be filled by
23appointment by the Governor with the advice and consent of the
24Senate for the extent of the unexpired term. If a vacancy in
25membership occurs at a time when the Senate is not in session,
26the Governor shall make a temporary appointment until the next

 

 

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1meeting of the Senate, when the Governor shall appoint a
2person to fill that membership for the remainder of its term.
3If the Senate is not in session when appointments for a full
4term are made, the appointments shall be made as in the case of
5vacancies.
6    (d-5) Beginning on the date when all of the new members
7initially to be elected under this amendatory Act of the 103rd
8General Assembly have taken office, whenever a vacancy in the
9term of an elected board member occurs, the chairperson of the
10State Board of Education shall notify the Governor of the
11vacancy within 7 days after its occurrence and, within 30
12days, the vacancy shall be filled for the remainder of the
13unexpired term by a majority vote of the remaining members of
14the State Board of Education. A person selected to fill a
15vacancy left by an elected member must meet all eligibility
16requirements for the position.
17(Source: P.A. 100-1135, eff. 11-28-18.)
 
18    (105 ILCS 5/1A-2)  (from Ch. 122, par. 1A-2)
19    Sec. 1A-2. Qualifications. In order to be a member The
20members of the State Board of Education, a person must be a
21citizen shall be citizens of the United States and a resident
22residents of the State of Illinois. To be an elected member, a
23person must also be a resident of the judicial district from
24which the person was elected. Appointed members and shall be
25selected as far as may be practicable on the basis of their

 

 

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1knowledge of, or interest and experience in, problems of
2public education. No elected member of the State Board of
3Education may be employed by a public or nonpublic school; a
4college, including a community or junior college; a
5university; the State Board of Education; a regional office of
6education; or any other educational institution. No elected
7member of the State Board of Education may be a member of the
8governing body of a public school district or nonpublic
9school. No member of the State Board of Education shall
10benefit from funds provided by the State Board of Education to
11an institution of higher learning, public or private, within
12Illinois, nor shall members be school trustees of a public or
13nonpublic college, university or technical institution within
14Illinois. No member shall be appointed to more than 2 4-year
15terms. No member may be elected to more than 2 consecutive
164-year terms. Members shall be reimbursed for all ordinary and
17necessary expenses incurred in performing their duties as
18members of the Board. Expenses shall be approved by the Board
19and be consistent with the laws, policies, and requirements of
20the State of Illinois regarding such expenditures, plus any
21member may include in the member's his or her claim for
22expenses $50 per day for meeting days.
23(Source: P.A. 100-1135, eff. 11-28-18.)
 
24    (105 ILCS 5/1A-2.1)  (from Ch. 122, par. 1A-2.1)
25    Sec. 1A-2.1. Vacancies. The Governor may remove for

 

 

SB1489- 27 -LRB103 26941 RJT 53306 b

1incompetence, neglect of duty, or malfeasance in office any
2member of the State Board of Education. A vacancy also exists
3on the State Board of Education when one or more of the
4following events occur:
5        1. A member dies.
6        2. A member files a written resignation with the
7    Governor.
8        3. A member is adjudicated to be a person under legal
9    disability under the Probate Act of 1975 or a person
10    subject to involuntary admission under the Mental Health
11    and Developmental Disabilities Code.
12        4. For appointed members, a A member ceases to be a
13    resident of the region from which the member he or she was
14    appointed.
15        5. A member is convicted of an infamous crime or of any
16    offense involving a violation of his or her duties under
17    this Code.
18        6. A member fails to maintain the qualifications
19    stated in Sections 1A-1 and 1A-2 of this Code.
20(Source: P.A. 100-1135, eff. 11-28-18.)
 
21    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
22    Sec. 1A-4. Powers and duties of the Board.
23    A. (Blank).
24    B. The Board shall determine the qualifications of and
25appoint a chief education officer, to be known as the State

 

 

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1Superintendent of Education, who may be proposed by the
2Governor and who shall serve at the pleasure of the Board and
3pursuant to a performance-based contract linked to statewide
4student performance and academic improvement within Illinois
5schools. Upon expiration or buyout of the contract of the
6State Superintendent of Education in office on the effective
7date of this amendatory Act of the 93rd General Assembly, a
8State Superintendent of Education shall be appointed by a
9State Board of Education that includes the 7 new Board members
10who were appointed to fill seats of members whose terms were
11terminated on the effective date of this amendatory Act of the
1293rd General Assembly. Thereafter, a State Superintendent of
13Education must, at a minimum, be appointed at the beginning of
14each term of a Governor after that Governor has made
15appointments to the Board. A performance-based contract issued
16for the employment of a State Superintendent of Education
17entered into on or after the effective date of this amendatory
18Act of the 93rd General Assembly must expire no later than
19February 1, 2007, and subsequent contracts must expire no
20later than February 1 each 4 years thereafter. No contract
21shall be extended or renewed beyond February 1, 2007 and
22February 1 each 4 years thereafter, but a State Superintendent
23of Education shall serve until his or her successor is
24appointed. Each contract entered into on or before January 8,
252007 with a State Superintendent of Education must provide
26that the State Board of Education may terminate the contract

 

 

SB1489- 29 -LRB103 26941 RJT 53306 b

1for cause, and the State Board of Education shall not
2thereafter be liable for further payments under the contract.
3With regard to this amendatory Act of the 93rd General
4Assembly, it is the intent of the General Assembly that,
5beginning with the Governor who takes office on the second
6Monday of January, 2007, a State Superintendent of Education
7be appointed at the beginning of each term of a Governor after
8that Governor has made appointments to the Board. The State
9Superintendent of Education shall not serve as a member of the
10State Board of Education. The Board shall set the compensation
11of the State Superintendent of Education who shall serve as
12the Board's chief executive officer. The Board shall also
13establish the duties, powers and responsibilities of the State
14Superintendent, which shall be included in the State
15Superintendent's performance-based contract along with the
16goals and indicators of student performance and academic
17improvement used to measure the performance and effectiveness
18of the State Superintendent. The State Board of Education may
19delegate to the State Superintendent of Education the
20authority to act on the Board's behalf, provided such
21delegation is made pursuant to adopted board policy or the
22powers delegated are ministerial in nature. The State Board
23may not delegate authority under this Section to the State
24Superintendent to (1) nonrecognize school districts, (2)
25withhold State payments as a penalty, or (3) make final
26decisions under the contested case provisions of the Illinois

 

 

SB1489- 30 -LRB103 26941 RJT 53306 b

1Administrative Procedure Act unless otherwise provided by law.
2    C. The powers and duties of the State Board of Education
3shall encompass all duties delegated to the Office of
4Superintendent of Public Instruction on January 12, 1975,
5except as the law providing for such powers and duties is
6thereafter amended, and such other powers and duties as the
7General Assembly shall designate. The Board shall be
8responsible for the educational policies and guidelines for
9public schools, pre-school through grade 12 and Vocational
10Education in the State of Illinois. The Board shall analyze
11the present and future aims, needs, and requirements of
12education in the State of Illinois and recommend to the
13General Assembly the powers which should be exercised by the
14Board. The Board shall recommend the passage and the
15legislation necessary to determine the appropriate
16relationship between the Board and local boards of education
17and the various State agencies and shall recommend desirable
18modifications in the laws which affect schools.
19    D. Two members of the Board shall be appointed by the
20chairperson to serve on a standing joint Education Committee,
212 others shall be appointed from the Board of Higher
22Education, 2 others shall be appointed by the chairperson of
23the Illinois Community College Board, and 2 others shall be
24appointed by the chairperson of the Human Resource Investment
25Council. The Committee shall be responsible for making
26recommendations concerning the submission of any workforce

 

 

SB1489- 31 -LRB103 26941 RJT 53306 b

1development plan or workforce training program required by
2federal law or under any block grant authority. The Committee
3will be responsible for developing policy on matters of mutual
4concern to elementary, secondary and higher education such as
5Occupational and Career Education, Teacher Preparation and
6Licensure, Educational Finance, Articulation between
7Elementary, Secondary and Higher Education and Research and
8Planning. The joint Education Committee shall meet at least
9quarterly and submit an annual report of its findings,
10conclusions, and recommendations to the State Board of
11Education, the Board of Higher Education, the Illinois
12Community College Board, the Human Resource Investment
13Council, the Governor, and the General Assembly. All meetings
14of this Committee shall be official meetings for reimbursement
15under this Act. On the effective date of this amendatory Act of
16the 95th General Assembly, the Joint Education Committee is
17abolished.
18    E. Until the 5 members initially to be elected under this
19amendatory Act of the 103rd General Assembly have taken
20office, 5 Five members of the Board shall constitute a quorum.
21Beginning on the date when the 5 members initially to be
22elected under this amendatory Act of the 103rd General
23Assembly have taken office, a majority of the Board shall
24constitute a quorum. Until the 5 members initially to be
25elected under this amendatory Act of the 103rd General
26Assembly have taken office, a A majority vote of the members

 

 

SB1489- 32 -LRB103 26941 RJT 53306 b

1appointed, confirmed and serving on the Board is required to
2approve any action, except that the 7 new Board members who
3were appointed to fill seats of members whose terms were
4terminated on the effective date of this amendatory act of the
593rd General Assembly may vote to approve actions when
6appointed and serving. Beginning on the date when the 5
7members initially to be elected under this amendatory Act of
8the 103rd General Assembly have taken office, a majority vote
9of the elected members and the members appointed, confirmed,
10and serving on the Board is required to approve any action.
11    F. Upon appointment of the 7 new Board members who were
12appointed to fill seats of members whose terms were terminated
13on the effective date of this amendatory Act of the 93rd
14General Assembly, the Board shall review all of its current
15rules in an effort to streamline procedures, improve
16efficiency, and eliminate unnecessary forms and paperwork.
17(Source: P.A. 102-894, eff. 5-20-22.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.