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Sen. Lawrence M. Walsh
Filed: 7/19/2004
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09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
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| AMENDMENT TO HOUSE BILL 629
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| AMENDMENT NO. ____ . Amend House Bill 629 by replacing |
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| everything after
the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Sections 4-8,
5-7,
6-35, 7-8, 7-9, 7-41, 9-1.5, 9-1.7, 9-1.8, | 6 |
| 9-1.9, 9-1.14, 9-9.5, 10-14, 12-5, 17-29, 19-2.2, 21-2, 22-1,
| 7 |
| 22-3, 22-7, 22-8, and 22-17 and by adding Section 1A-19 as
| 8 |
| follows:
| 9 |
| (10 ILCS 5/1A-19 new)
| 10 |
| Sec. 1A-19. Effect of extension of canvassing period on | 11 |
| terms of public offices and official acts. | 12 |
| (a) Notwithstanding any law to the contrary, if the | 13 |
| proclamation of election results for an elected office has not | 14 |
| been issued by the date of the commencement of the term of that | 15 |
| elected office because of the extension of canvassing periods | 16 |
| under this amendatory Act of the 93rd General Assembly, then | 17 |
| the term of the elected office shall commence on a date 14 days | 18 |
| after the proclamation of election results is issued for that | 19 |
| elected office. | 20 |
| (b) If subsection (a) applies to the commencement date of | 21 |
| an elected official's term, and if the elected official is | 22 |
| authorized or required by law to perform an official act by a | 23 |
| date occurring before the commencement of his or her term of | 24 |
| office, including but not limited to holding an organizational |
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09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
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| 1 |
| meeting of the public body to which the public official is | 2 |
| elected, then notwithstanding any law to the contrary the date | 3 |
| by which the act shall be performed shall be a date 14 days | 4 |
| after the date otherwise established by law. | 5 |
| (c) Notwithstanding any other provision of this Section or | 6 |
| of this Code to the contrary, the terms of office for Supreme, | 7 |
| Appellate, and Circuit Judges commence on the first Monday in | 8 |
| December following their election or retention. Judicial | 9 |
| election results must be proclaimed before that date.
| 10 |
| (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
| 11 |
| Sec. 4-8. The county clerk shall provide a sufficient | 12 |
| number of blank
forms for the registration of electors, which | 13 |
| shall be known as
registration record cards and which shall | 14 |
| consist of loose leaf sheets
or cards, of suitable size to | 15 |
| contain in plain writing and figures the
data hereinafter | 16 |
| required thereon or shall consist of computer cards of
suitable | 17 |
| nature to contain the data required thereon. The registration | 18 |
| record
cards, which shall include an affidavit of registration | 19 |
| as hereinafter
provided, shall be executed in duplicate.
| 20 |
| The registration record card shall contain the following | 21 |
| and such
other information as the county clerk may think it | 22 |
| proper to require for
the identification of the applicant for | 23 |
| registration:
| 24 |
| Name. The name of the applicant, giving surname and first | 25 |
| or
Christian name in full, and the middle name or the initial | 26 |
| for such
middle name, if any.
| 27 |
| Sex.
| 28 |
| Residence. The name and number of the street, avenue, or | 29 |
| other location of
the dwelling, including the apartment, unit | 30 |
| or room number, if any, and in the
case of a mobile home the lot | 31 |
| number, and such additional clear and definite
description as | 32 |
| may be necessary to determine the exact location of the
| 33 |
| dwelling of the applicant. Where the location cannot be |
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09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
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| determined by
street and number, then the section, | 2 |
| congressional township and range
number may be used, or such | 3 |
| other description as may be necessary,
including post-office | 4 |
| mailing address. In the case of a homeless individual,
the | 5 |
| individual's voting residence that is his or her mailing | 6 |
| address shall be
included on his or her registration record | 7 |
| card.
| 8 |
| Term of residence in the State of Illinois and precinct. | 9 |
| This
information shall be furnished by the applicant stating | 10 |
| the place or
places where he resided and the dates during which | 11 |
| he resided in such
place or places during the year next | 12 |
| preceding the date of the next
ensuing election.
| 13 |
| Nativity. The state or country in which the applicant was | 14 |
| born.
| 15 |
| Citizenship. Whether the applicant is native born or | 16 |
| naturalized. If
naturalized, the court, place, and date of | 17 |
| naturalization.
| 18 |
| Date of application for registration, i.e., the day, month | 19 |
| and year
when applicant presented himself for registration.
| 20 |
| Age. Date of birth, by month, day and year.
| 21 |
| Physical disability of the applicant, if any, at the time | 22 |
| of
registration, which would require assistance in voting.
| 23 |
| The county and state in which the applicant was last | 24 |
| registered.
| 25 |
| Signature of voter. The applicant, after the registration | 26 |
| and in the
presence of a deputy registrar or other officer of | 27 |
| registration shall be
required to sign his or her name in ink | 28 |
| to the affidavit on both the
original and duplicate | 29 |
| registration record cards.
| 30 |
| Signature of deputy registrar or officer of registration.
| 31 |
| In case applicant is unable to sign his name, he may affix | 32 |
| his mark
to the affidavit. In such case the officer empowered | 33 |
| to give the
registration oath shall write a detailed | 34 |
| description of the applicant in
the space provided on the back |
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LRB093 07319 JAM 52682 a |
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| or at the bottom of the card or sheet;
and shall ask the | 2 |
| following questions and record the answers thereto:
| 3 |
| Father's first name.
| 4 |
| Mother's first name.
| 5 |
| From what address did the applicant last register?
| 6 |
| Reason for inability to sign name.
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| Each applicant for registration shall make an affidavit in
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| substantially the following form:
| 9 |
| AFFIDAVIT OF REGISTRATION
| 10 |
| STATE OF ILLINOIS
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| COUNTY OF .......
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| I hereby swear (or affirm) that I am a citizen of the | 13 |
| United States;
that on the date of the next election I shall | 14 |
| have resided in the State
of Illinois and in the election | 15 |
| precinct in which I reside 30 days and
that I intend that this | 16 |
| location shall be my residence; that
I am fully qualified to | 17 |
| vote, and that the above statements are true.
| 18 |
| ..............................
| 19 |
| (His or her signature or mark)
| 20 |
| Subscribed and sworn to before me on (insert date).
| 21 |
| ..................................
| 22 |
| Signature of registration officer.
| 23 |
| (To be signed in presence of registrant.)
| 24 |
| Space shall be provided upon the face of each registration | 25 |
| record
card for the notation of the voting record of the person | 26 |
| registered
thereon.
| 27 |
| Each registration record card shall be numbered according | 28 |
| to
precincts, and may be serially or otherwise marked for | 29 |
| identification in
such manner as the county clerk may | 30 |
| determine.
| 31 |
| The registration cards shall be deemed public records and | 32 |
| shall be
open to inspection during regular business hours, | 33 |
| except during the 27
days immediately preceding any election. |
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LRB093 07319 JAM 52682 a |
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| On written request of any
candidate or objector or any person | 2 |
| intending to object to a petition, the
election authority shall | 3 |
| extend its hours for inspection of registration
cards and other | 4 |
| records of the election authority during the period
beginning | 5 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 6 |
| 28-3 and continuing through the termination of electoral board | 7 |
| hearings on
any objections to petitions containing signatures | 8 |
| of registered voters in
the jurisdiction of the election | 9 |
| authority. The extension shall be for a
period of hours | 10 |
| sufficient to allow adequate opportunity for examination of
the | 11 |
| records but the election authority is not required to extend | 12 |
| its hours
beyond the period beginning at its normal opening for | 13 |
| business and ending
at midnight. If the business hours are so | 14 |
| extended, the election authority
shall post a public notice of | 15 |
| such extended hours. Registration record
cards may also be | 16 |
| inspected, upon approval of the officer in charge of the
cards, | 17 |
| during the 27 days immediately preceding any election.
| 18 |
| Registration
record cards shall also be open to inspection by | 19 |
| certified judges and poll
watchers and challengers at the | 20 |
| polling place on election day, but only to
the extent necessary | 21 |
| to determine the question of the right of a person to
vote or | 22 |
| to serve as a judge of election. At no time shall poll watchers | 23 |
| or
challengers be allowed to physically handle the registration | 24 |
| record cards.
| 25 |
| Updated copies of computer tapes or computer discs or other | 26 |
| electronic data
processing information containing voter | 27 |
| registration information shall
be furnished by the county clerk | 28 |
| within 10 days after December 15 and
May
15 each year and | 29 |
| within 10 days after each registration
period is closed to the | 30 |
| State Board of Elections in a form
prescribed by the
Board. For | 31 |
| the purposes of this Section, a registration period is closed | 32 |
| 27
days before the date of any regular or special election. | 33 |
| Registration
information shall include, but not be limited to, | 34 |
| the
following information: name, sex, residence, telephone |
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09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
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| number, if any,
age, party affiliation, if applicable, | 2 |
| precinct, ward, township,
county, and representative, | 3 |
| legislative and
congressional districts. In the event of | 4 |
| noncompliance, the State
Board of Elections is directed to | 5 |
| obtain compliance forthwith with this
nondiscretionary duty of | 6 |
| the election authority by instituting legal
proceedings in the | 7 |
| circuit court of the county in which the election
authority | 8 |
| maintains the registration information. The costs of | 9 |
| furnishing
updated copies of tapes or discs shall be paid at a | 10 |
| rate of $.00034 per
name of registered voters in the election | 11 |
| jurisdiction, but not less than
$50 per tape or disc and shall | 12 |
| be paid from appropriations made to the
State Board of | 13 |
| Elections for reimbursement to the election authority for
such | 14 |
| purpose. The State Board shall furnish copies of such tapes, | 15 |
| discs, other
electronic data or compilations thereof to state | 16 |
| political committees
registered pursuant to the Illinois | 17 |
| Campaign Finance Act or the Federal
Election Campaign Act and | 18 |
| to governmental entities, at their request and at a reasonable | 19 |
| cost. Copies of
the tapes, discs or other electronic data shall | 20 |
| be furnished by the county
clerk to local political committees | 21 |
| at their request and at a
reasonable cost.
To protect the | 22 |
| privacy and confidentiality of voter registration information,
| 23 |
| the disclosure
of electronic voter registration records to any | 24 |
| person or entity other than to a
State or local political
| 25 |
| committee and other than to a governmental entity for a | 26 |
| governmental
purpose is specifically prohibited. Copies of
the | 27 |
| tapes, discs, or other electronic data shall be furnished by | 28 |
| the county
clerk to local political committees and governmental | 29 |
| entities at their request and at a
reasonable cost.
Reasonable | 30 |
| cost of the tapes, discs, et cetera for
this purpose would be | 31 |
| the cost of duplication plus 15% for
administration. The | 32 |
| individual representing a political committee
requesting | 33 |
| copies of such tapes shall make a sworn affidavit that the
| 34 |
| information shall be used only for bona fide political |
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09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
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| purposes,
including by or for candidates for office or | 2 |
| incumbent office holders.
Such tapes, discs or other electronic | 3 |
| data shall not be used under any
circumstances by any political | 4 |
| committee or individuals for purposes of
commercial | 5 |
| solicitation or other business purposes. If such tapes
contain | 6 |
| information on county residents related to the operations of
| 7 |
| county government in addition to registration information, | 8 |
| that
information shall not be used under any circumstances for | 9 |
| commercial
solicitation or other business purposes. The | 10 |
| prohibition in this
Section against using the computer tapes or | 11 |
| computer discs or other
electronic data processing information | 12 |
| containing voter registration
information for purposes of | 13 |
| commercial solicitation or other business
purposes shall be | 14 |
| prospective only from the effective date of this
amended Act of | 15 |
| 1979. Any person who violates this provision shall be
guilty of | 16 |
| a Class 4 felony.
| 17 |
| The State Board of Elections shall promulgate, by October | 18 |
| 1, 1987, such
regulations as may be necessary to ensure | 19 |
| uniformity throughout the State
in electronic data processing | 20 |
| of voter registration information. The
regulations shall | 21 |
| include, but need not be limited to, specifications for
uniform | 22 |
| medium, communications protocol and file structure to be | 23 |
| employed
by the election authorities of this State in the | 24 |
| electronic data processing
of voter registration information. | 25 |
| Each election authority utilizing
electronic data processing | 26 |
| of voter registration information shall comply
with such | 27 |
| regulations on and after May 15, 1988.
| 28 |
| If the applicant for registration was last registered in | 29 |
| another
county within this State, he shall also sign a | 30 |
| certificate authorizing
cancellation of the former | 31 |
| registration. The certificate shall be in
substantially the | 32 |
| following form:
| 33 |
| To the County Clerk of.... County, Illinois. (or)
| 34 |
| To the Election Commission of the City of ...., Illinois.
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LRB093 07319 JAM 52682 a |
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| This is to certify that I am registered in your (county) | 2 |
| (city) and
that my residence was ............................
| 3 |
| Having moved out of your (county) (city), I hereby authorize | 4 |
| you to
cancel said registration in your office.
| 5 |
| Dated at ...., Illinois, on (insert date).
| 6 |
| .................................
| 7 |
| (Signature of Voter)
| 8 |
| Attest: ................, County Clerk, .............
| 9 |
| County, Illinois.
| 10 |
| The cancellation certificate shall be mailed immediately | 11 |
| by the
County Clerk to the County Clerk (or election commission | 12 |
| as the case may
be) where the applicant was formerly | 13 |
| registered. Receipt of such
certificate shall be full authority | 14 |
| for cancellation of any previous
registration.
| 15 |
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; | 16 |
| 93-574, eff.
8-21-03 .)
| 17 |
| (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
| 18 |
| Sec. 5-7. The county clerk shall provide a sufficient | 19 |
| number of
blank forms for the registration of electors which | 20 |
| shall be known as
registration record cards and which shall | 21 |
| consist of loose leaf sheets
or cards, of suitable size to | 22 |
| contain in plain writing and figures the
data hereinafter | 23 |
| required thereon or shall consist of computer cards of
suitable | 24 |
| nature to contain the data required thereon. The registration
| 25 |
| record cards, which shall include an affidavit of registration | 26 |
| as
hereinafter provided, shall be executed in duplicate.
| 27 |
| The registration record card shall contain the following | 28 |
| and such
other information as the county clerk may think it | 29 |
| proper to require for
the identification of the applicant for | 30 |
| registration:
| 31 |
| Name. The name of the applicant, giving surname and first | 32 |
| or
Christian name in full, and the middle name or the initial | 33 |
| for such
middle name, if any.
|
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09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
|
| 1 |
| Sex.
| 2 |
| Residence. The name and number of the street, avenue, or | 3 |
| other
location of the dwelling, including the apartment, unit | 4 |
| or room number,
if any, and in the case of a mobile home the lot | 5 |
| number, and such additional
clear and definite description as | 6 |
| may be necessary to determine the exact
location of the | 7 |
| dwelling of the applicant, including post-office mailing
| 8 |
| address. In the case of a homeless individual, the individual's | 9 |
| voting
residence that is his or her mailing address shall be | 10 |
| included on his or her
registration record card.
| 11 |
| Term of residence in the State of Illinois and the | 12 |
| precinct. Which
questions may be answered by the applicant | 13 |
| stating, in excess of 30 days
in the State and in excess of 30 | 14 |
| days in the precinct.
| 15 |
| Nativity. The State or country in which the applicant was | 16 |
| born.
| 17 |
| Citizenship. Whether the applicant is native born or | 18 |
| naturalized. If
naturalized, the court, place and date of | 19 |
| naturalization.
| 20 |
| Date of application for registration, i.e., the day, month | 21 |
| and year
when applicant presented himself for registration.
| 22 |
| Age. Date of birth, by month, day and year.
| 23 |
| Physical disability of the applicant, if any, at the time | 24 |
| of
registration, which would require assistance in voting.
| 25 |
| The county and state in which the applicant was last | 26 |
| registered.
| 27 |
| Signature of voter. The applicant, after the registration | 28 |
| and in the
presence of a deputy registrar or other officer of | 29 |
| registration shall be
required to sign his or her name in ink | 30 |
| to the affidavit on the original
and duplicate registration | 31 |
| record card.
| 32 |
| Signature of Deputy Registrar.
| 33 |
| In case applicant is unable to sign his name, he may affix | 34 |
| his mark
to the affidavit. In such case the officer empowered |
|
|
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09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
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| 1 |
| to give the
registration oath shall write a detailed | 2 |
| description of the applicant in
the space provided at the | 3 |
| bottom of the card or sheet; and shall ask the
following | 4 |
| questions and record the answers thereto:
| 5 |
| Father's first name .......................
| 6 |
| Mother's first name .......................
| 7 |
| From what address did you last register?
| 8 |
| Reason for inability to sign name.
| 9 |
| Each applicant for registration shall make an affidavit in
| 10 |
| substantially the following form:
| 11 |
| AFFIDAVIT OF REGISTRATION
| 12 |
| State of Illinois)
| 13 |
| )ss
| 14 |
| County of )
| 15 |
| I hereby swear (or affirm) that I am a citizen of the | 16 |
| United States;
that on the date of the next election I shall | 17 |
| have resided in the State
of Illinois and in the election | 18 |
| precinct in which I reside 30 days; that
I am fully qualified | 19 |
| to vote. That I intend that this location shall be
my residence | 20 |
| and that the above statements are true.
| 21 |
| ..............................
| 22 |
| (His or her signature or mark)
| 23 |
| Subscribed and sworn to before me on (insert date).
| 24 |
| .........................................
| 25 |
| Signature of Registration Officer.
| 26 |
| (To be signed in presence of Registrant.)
| 27 |
| Space shall be provided upon the face of each registration | 28 |
| record
card for the notation of the voting record of the person | 29 |
| registered
thereon.
| 30 |
| Each registration record card shall be numbered according | 31 |
| to towns
and precincts, wards, cities and villages, as the case | 32 |
| may be, and may
be serially or otherwise marked for | 33 |
| identification in such manner as the
county clerk may |
|
|
|
09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
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| 1 |
| determine.
| 2 |
| The registration cards shall be deemed public records and | 3 |
| shall be
open to inspection during regular business hours, | 4 |
| except during the 27
days immediately preceding any election. | 5 |
| On written request of any
candidate or objector or any person | 6 |
| intending to object to a petition, the
election authority shall | 7 |
| extend its hours for inspection of registration
cards and other | 8 |
| records of the election authority during the period
beginning | 9 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 10 |
| 28-3 and continuing through the termination of electoral board | 11 |
| hearings on
any objections to petitions containing signatures | 12 |
| of registered voters in
the jurisdiction of the election | 13 |
| authority. The extension shall be for a
period of hours | 14 |
| sufficient to allow adequate opportunity for examination of
the | 15 |
| records but the election authority is not required to extend | 16 |
| its hours
beyond the period beginning at its normal opening for | 17 |
| business and ending
at midnight. If the business hours are so | 18 |
| extended, the election authority
shall post a public notice of | 19 |
| such extended hours. Registration record cards
may also be | 20 |
| inspected, upon approval of the officer in charge of the cards,
| 21 |
| during the 27 days immediately preceding any election. | 22 |
| Registration
record
cards shall also be open to inspection by | 23 |
| certified judges and poll watchers
and challengers at the | 24 |
| polling place on election day, but only to the extent
necessary | 25 |
| to determine the question of the right of a person to vote or | 26 |
| to
serve as a judge of election. At no time shall poll watchers | 27 |
| or challengers be
allowed to physically handle the registration | 28 |
| record cards.
| 29 |
| Updated copies of computer tapes or computer discs or other | 30 |
| electronic data
processing information containing voter | 31 |
| registration information shall
be furnished by the county clerk | 32 |
| within 10 days after December 15 and
May
15 each year and | 33 |
| within 10 days after each registration
period is closed to the | 34 |
| State Board of Elections in a form
prescribed by the
Board. For |
|
|
|
09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
|
| 1 |
| the purposes of this Section, a registration period is closed | 2 |
| 27
days before the date of any regular or special election. | 3 |
| Registration
information
shall include, but not be limited to, | 4 |
| the
following information: name, sex, residence, telephone | 5 |
| number, if any, age,
party affiliation, if applicable, | 6 |
| precinct, ward, township, county, and
representative, | 7 |
| legislative and congressional districts. In the event of
| 8 |
| noncompliance, the State Board of Elections is directed to | 9 |
| obtain compliance
forthwith with this nondiscretionary duty of | 10 |
| the election authority by
instituting legal proceedings in the | 11 |
| circuit court of the county in which the
election authority | 12 |
| maintains the registration information. The costs of
| 13 |
| furnishing updated copies of tapes or discs shall be paid at a | 14 |
| rate of $.00034
per name of registered voters in the election | 15 |
| jurisdiction, but not less than
$50 per tape or disc and shall | 16 |
| be paid from appropriations made to the State
Board of | 17 |
| Elections for reimbursement to the election authority for such
| 18 |
| purpose. The State Board shall furnish copies of such tapes, | 19 |
| discs, other electronic
data or compilations thereof to state | 20 |
| political committees registered pursuant
to the Illinois | 21 |
| Campaign Finance Act or the Federal Election Campaign Act and | 22 |
| to governmental entities, at
their request and at a reasonable | 23 |
| cost.
To protect the privacy and confidentiality of voter | 24 |
| registration information,
the disclosure
of electronic voter | 25 |
| registration records to any person or entity other than to a
| 26 |
| State or local political
committee and other than to a | 27 |
| governmental entity for a governmental
purpose
is specifically | 28 |
| prohibited.
Copies of the tapes, discs or other
electronic data | 29 |
| shall be furnished by the county clerk to local political
| 30 |
| committees and governmental entities at their request and at a | 31 |
| reasonable cost. Reasonable cost of the
tapes, discs, et cetera | 32 |
| for this purpose would be the cost of duplication plus
15% for | 33 |
| administration. The individual representing a political | 34 |
| committee
requesting copies of such tapes shall make a sworn |
|
|
|
09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
|
| 1 |
| affidavit that the
information shall be used only for bona fide | 2 |
| political purposes,
including by or for candidates for office | 3 |
| or incumbent office holders.
Such tapes, discs or other | 4 |
| electronic data shall not be used under any
circumstances by | 5 |
| any political committee or individuals for purposes of
| 6 |
| commercial solicitation or other business purposes. If such | 7 |
| tapes
contain information on county residents related to the | 8 |
| operations of
county government in addition to registration | 9 |
| information, that
information shall not be used under any | 10 |
| circumstances for commercial
solicitation or other business | 11 |
| purposes. The prohibition in this
Section against using the | 12 |
| computer tapes or computer discs or other
electronic data | 13 |
| processing information containing voter registration
| 14 |
| information for purposes of commercial solicitation or other | 15 |
| business
purposes shall be prospective only from the effective | 16 |
| date of this
amended Act of 1979. Any person who violates this | 17 |
| provision shall be
guilty of a Class 4 felony.
| 18 |
| The State Board of Elections shall promulgate, by October | 19 |
| 1, 1987, such
regulations as may be necessary to ensure | 20 |
| uniformity throughout the State
in electronic data processing | 21 |
| of voter registration information. The
regulations shall | 22 |
| include, but need not be limited to, specifications for
uniform | 23 |
| medium, communications protocol and file structure to be | 24 |
| employed
by the election authorities of this State in the | 25 |
| electronic data processing
of voter registration information. | 26 |
| Each election authority utilizing
electronic data processing | 27 |
| of voter registration information shall comply
with such | 28 |
| regulations on and after May 15, 1988.
| 29 |
| If the applicant for registration was last registered in | 30 |
| another
county within this State, he shall also sign a | 31 |
| certificate authorizing
cancellation of the former | 32 |
| registration. The certificate shall be in
substantially the | 33 |
| following form:
| 34 |
| To the County Clerk of .... County, Illinois. To the Election
|
|
|
|
09300HB0629sam001 |
- 14 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| Commission of the City of ...., Illinois.
| 2 |
| This is to certify that I am registered in your (county) | 3 |
| (city) and
that my residence was .....
| 4 |
| Having moved out of your (county) (city), I hereby | 5 |
| authorize you to
cancel said registration in your office.
| 6 |
| Dated at .... Illinois, on (insert date).
| 7 |
| ....................
| 8 |
| (Signature of Voter)
| 9 |
| Attest ......, County Clerk, ........ County, Illinois.
| 10 |
| The cancellation certificate shall be mailed immediately | 11 |
| by the
county clerk to the county clerk (or election commission | 12 |
| as the case may
be) where the applicant was formerly | 13 |
| registered. Receipt of such
certificate shall be full authority | 14 |
| for cancellation of any previous
registration.
| 15 |
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; | 16 |
| 93-574, eff.
8-21-03.)
| 17 |
| (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| 18 |
| Sec. 6-35. The Boards of Election Commissioners shall | 19 |
| provide a
sufficient number of blank forms for the registration | 20 |
| of electors which
shall be known as registration record cards | 21 |
| and which shall consist of
loose leaf sheets or cards, of | 22 |
| suitable size to contain in plain writing
and figures the data | 23 |
| hereinafter required thereon or shall consist of computer
cards | 24 |
| of suitable nature to contain the data required thereon. The | 25 |
| registration
record cards, which shall include an affidavit of | 26 |
| registration as
hereinafter provided, shall be executed in | 27 |
| duplicate. The duplicate of
which may be a carbon copy of the | 28 |
| original or a copy of the original
made by the use of other | 29 |
| method or material used for making simultaneous
true copies or | 30 |
| duplications.
| 31 |
| The registration record card shall contain the following | 32 |
| and such
other information as the Board of Election | 33 |
| Commissioners may think it
proper to require for the |
|
|
|
09300HB0629sam001 |
- 15 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| identification of the applicant for
registration:
| 2 |
| Name. The name of the applicant, giving surname and first | 3 |
| or
Christian name in full, and the middle name or the initial | 4 |
| for such
middle name, if any.
| 5 |
| Sex.
| 6 |
| Residence. The name and number of the street, avenue, or | 7 |
| other
location of the dwelling, including the apartment, unit | 8 |
| or room number,
if any, and in the case of a mobile home the lot | 9 |
| number, and such additional
clear and definite description as | 10 |
| may be necessary to determine the exact
location of the | 11 |
| dwelling of the applicant, including post-office mailing
| 12 |
| address. In the case of a homeless individual, the individual's | 13 |
| voting
residence that is his or her mailing address shall be | 14 |
| included on his or her
registration record card.
| 15 |
| Term of residence in the State of Illinois and the | 16 |
| precinct.
| 17 |
| Nativity. The state or country in which the applicant was | 18 |
| born.
| 19 |
| Citizenship. Whether the applicant is native born or | 20 |
| naturalized. If
naturalized, the court, place, and date of | 21 |
| naturalization.
| 22 |
| Date of application for registration, i.e., the day, month | 23 |
| and year
when the applicant presented himself for registration.
| 24 |
| Age. Date of birth, by month, day and year.
| 25 |
| Physical disability of the applicant, if any, at the time | 26 |
| of
registration, which would require assistance in voting.
| 27 |
| The county and state in which the applicant was last | 28 |
| registered.
| 29 |
| Signature of voter. The applicant, after registration and | 30 |
| in the
presence of a deputy registrar or other officer of | 31 |
| registration shall be
required to sign his or her name in ink | 32 |
| to the affidavit on both the
original and the duplicate | 33 |
| registration record card.
| 34 |
| Signature of deputy registrar.
|
|
|
|
09300HB0629sam001 |
- 16 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| In case applicant is unable to sign his name, he may affix | 2 |
| his mark
to the affidavit. In such case the registration | 3 |
| officer shall write a
detailed description of the applicant in | 4 |
| the space provided at the
bottom of the card or sheet; and | 5 |
| shall ask the following questions and
record the answers | 6 |
| thereto:
| 7 |
| Father's first name .........................
| 8 |
| Mother's first name .........................
| 9 |
| From what address did you last register? ....
| 10 |
| Reason for inability to sign name ...........
| 11 |
| Each applicant for registration shall make an affidavit in
| 12 |
| substantially the following form:
| 13 |
| AFFIDAVIT OF REGISTRATION
| 14 |
| State of Illinois )
| 15 |
| )ss
| 16 |
| County of ....... )
| 17 |
| I hereby swear (or affirm) that I am a citizen of the | 18 |
| United States,
that on the day of the next election I shall | 19 |
| have resided in the State
of Illinois and in the election | 20 |
| precinct 30 days and that I intend that
this location is my | 21 |
| residence; that I am fully qualified to
vote, and that the | 22 |
| above statements are true.
| 23 |
| ..............................
| 24 |
| (His or her signature or mark)
| 25 |
| Subscribed and sworn to before me on (insert date).
| 26 |
| ......................................
| 27 |
| Signature of registration officer
| 28 |
| (to be signed in presence of registrant).
| 29 |
| Space shall be provided upon the face of each registration | 30 |
| record
card for the notation of the voting record of the person | 31 |
| registered
thereon.
| 32 |
| Each registration record card shall be numbered according | 33 |
| to wards or
precincts, as the case may be, and may be serially | 34 |
| or otherwise marked
for identification in such manner as the |
|
|
|
09300HB0629sam001 |
- 17 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| Board of Election Commissioners
may determine.
| 2 |
| The registration cards shall be deemed public records and | 3 |
| shall be
open to inspection during regular business hours, | 4 |
| except during the 27
days immediately preceding any election. | 5 |
| On written request of any
candidate or objector or any person | 6 |
| intending to object to a petition, the
election authority shall | 7 |
| extend its hours for inspection of registration
cards and other | 8 |
| records of the election authority during the period
beginning | 9 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 10 |
| 28-3 and continuing through the termination of electoral board | 11 |
| hearings on
any objections to petitions containing signatures | 12 |
| of registered voters in
the jurisdiction of the election | 13 |
| authority. The extension shall be for a
period of hours | 14 |
| sufficient to allow adequate opportunity for examination of
the | 15 |
| records but the election authority is not required to extend | 16 |
| its hours
beyond the period beginning at its normal opening for | 17 |
| business and ending
at midnight. If the business hours are so | 18 |
| extended, the election authority
shall post a public notice of | 19 |
| such extended hours. Registration record cards
may also be | 20 |
| inspected, upon approval of the officer in charge of the cards,
| 21 |
| during the 27 days immediately preceding any election. | 22 |
| Registration
record
cards shall also be open to inspection by | 23 |
| certified judges and poll watchers
and challengers at the | 24 |
| polling place on election day, but only to the extent
necessary | 25 |
| to determine the question of the right of a person to vote or | 26 |
| to
serve as a judge of election. At no time shall poll watchers | 27 |
| or challengers be
allowed to physically handle the registration | 28 |
| record cards.
| 29 |
| Updated copies of computer tapes or computer discs or other | 30 |
| electronic data
processing information containing voter | 31 |
| registration information shall
be furnished by the Board of | 32 |
| Election Commissioners within 10 days after
December 15 and May | 33 |
| 15 each year and within 10
days after each registration period | 34 |
| is closed to the State Board
of Elections in a
form prescribed |
|
|
|
09300HB0629sam001 |
- 18 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| by the State Board. For the purposes of this Section, a
| 2 |
| registration period is closed 27 days before the date of any | 3 |
| regular
or special
election. Registration information shall
| 4 |
| include, but not be limited to, the following information: | 5 |
| name, sex,
residence, telephone number, if any, age, party | 6 |
| affiliation, if
applicable, precinct, ward, township, county, | 7 |
| and representative,
legislative and congressional districts. | 8 |
| In the event of noncompliance,
the State Board of Elections is | 9 |
| directed to obtain compliance forthwith
with this | 10 |
| nondiscretionary duty of the election authority by instituting
| 11 |
| legal proceedings in the circuit court of the county in which | 12 |
| the election
authority maintains the registration information. | 13 |
| The costs of furnishing
updated copies of tapes or discs shall | 14 |
| be paid at a rate of $.00034
per name of registered voters in | 15 |
| the election jurisdiction, but not less
than $50 per tape or | 16 |
| disc and shall be paid from appropriations made to the
State | 17 |
| Board of Elections for reimbursement to the election authority | 18 |
| for
such purpose. The State Board shall furnish copies of such | 19 |
| tapes, discs,
other electronic data or compilations thereof to | 20 |
| state political committees
registered pursuant to the Illinois | 21 |
| Campaign Finance Act or the Federal
Election Campaign Act and | 22 |
| to governmental entities, at their request and at a reasonable | 23 |
| cost.
To protect the privacy and confidentiality of voter | 24 |
| registration information,
the disclosure
of electronic voter | 25 |
| registration records to any person or entity other than to a
| 26 |
| State or local political
committee and other than to a | 27 |
| governmental entity for a governmental
purpose is specifically | 28 |
| prohibited.
Copies of the
tapes, discs or other electronic data | 29 |
| shall be furnished by the Board of
Election Commissioners to | 30 |
| local political committees and governmental entities at their | 31 |
| request and at a
reasonable cost. Reasonable cost of the tapes, | 32 |
| discs, et cetera for
this purpose would be the cost of | 33 |
| duplication plus 15% for
administration. The individual | 34 |
| representing a political committee
requesting copies of such |
|
|
|
09300HB0629sam001 |
- 19 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| tapes shall make a sworn affidavit that the
information shall | 2 |
| be used only for bona fide political purposes,
including by or | 3 |
| for candidates for office or incumbent office holders.
Such | 4 |
| tapes, discs or other electronic data shall not be used under | 5 |
| any
circumstances by any political committee or individuals for | 6 |
| purposes of
commercial solicitation or other business | 7 |
| purposes. If such tapes
contain information on county residents | 8 |
| related to the operations of
county government in addition to | 9 |
| registration information, that
information shall not be used | 10 |
| under any circumstances for commercial
solicitation or other | 11 |
| business purposes. The prohibition in this
Section against | 12 |
| using the computer tapes or computer discs or other
electronic | 13 |
| data processing information containing voter registration
| 14 |
| information for purposes of commercial solicitation or other | 15 |
| business
purposes shall be prospective only from the effective | 16 |
| date of this
amended Act of 1979. Any person who violates this | 17 |
| provision shall be
guilty of a Class 4 felony.
| 18 |
| The State Board of Elections shall promulgate, by October | 19 |
| 1, 1987, such
regulations as may be necessary to ensure | 20 |
| uniformity throughout the State
in electronic data processing | 21 |
| of voter registration information. The
regulations shall | 22 |
| include, but need not be limited to, specifications for
uniform | 23 |
| medium, communications protocol and file structure to be | 24 |
| employed
by the election authorities of this State in the | 25 |
| electronic data processing
of voter registration information. | 26 |
| Each election authority utilizing
electronic data processing | 27 |
| of voter registration information shall comply
with such | 28 |
| regulations on and after May 15, 1988.
| 29 |
| If the applicant for registration was last registered in | 30 |
| another
county within this State, he shall also sign a | 31 |
| certificate authorizing
cancellation of the former | 32 |
| registration. The certificate shall be in
substantially the | 33 |
| following form:
| 34 |
| To the County Clerk of .... County, Illinois.
|
|
|
|
09300HB0629sam001 |
- 20 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| To the Election Commission of the City of ...., Illinois.
| 2 |
| This is to certify that I am registered in your (county) | 3 |
| (city) and
that my residence was ..... Having moved out of your | 4 |
| (county), (city), I
hereby authorize you to cancel that | 5 |
| registration in your office.
| 6 |
| Dated at ...., Illinois, on (insert date).
| 7 |
| ....................
| 8 |
| (Signature of Voter)
| 9 |
| Attest ...., Clerk, Election Commission of the City of....,
| 10 |
| Illinois.
| 11 |
| The cancellation certificate shall be mailed immediately | 12 |
| by the clerk
of the Election Commission to the county clerk, | 13 |
| (or Election Commission
as the case may be) where the applicant | 14 |
| was formerly registered. Receipt
of such certificate shall be | 15 |
| full authority for cancellation of any
previous registration.
| 16 |
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; | 17 |
| 93-574, eff.
8-21-03 .)
| 18 |
| (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
| 19 |
| Sec. 7-8. The State central committee shall be composed of | 20 |
| one or two
members from each congressional district in the | 21 |
| State and shall be elected as
follows:
| 22 |
| State Central Committee
| 23 |
| (a) Within 30 days after the effective date of this | 24 |
| amendatory Act of
1983 the State central committee of each | 25 |
| political party shall certify to
the State Board of Elections | 26 |
| which of the following alternatives it wishes
to apply to the | 27 |
| State central committee of that party.
| 28 |
| Alternative A. At the primary held on the third Tuesday in
| 29 |
| March 1970, and at the primary held every 4 years thereafter, | 30 |
| each primary
elector may vote for one candidate of his party | 31 |
| for member of the State
central committee for the congressional | 32 |
| district in which he resides.
The candidate receiving the | 33 |
| highest number of votes shall be declared
elected State central |
|
|
|
09300HB0629sam001 |
- 21 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| committeeman from the district. A political party
may, in lieu | 2 |
| of the foregoing, by a majority vote of delegates at any State
| 3 |
| convention of such party, determine to thereafter elect the | 4 |
| State central
committeemen in the manner following:
| 5 |
| At the county convention held by such political party State | 6 |
| central
committeemen shall be elected in the same manner as | 7 |
| provided in this
Article for the election of officers of the | 8 |
| county central committee, and
such election shall follow the | 9 |
| election of officers of the county central
committee. Each | 10 |
| elected ward, township or precinct committeeman shall cast
as | 11 |
| his vote one vote for each ballot voted in his ward, township, | 12 |
| part of a
township or precinct in the last preceding primary | 13 |
| election of his
political party. In the case of a county lying | 14 |
| partially within one
congressional district and partially | 15 |
| within another congressional district,
each ward, township or | 16 |
| precinct committeeman shall vote only with respect
to the | 17 |
| congressional district in which his ward, township, part of a
| 18 |
| township or precinct is located. In the case of a congressional | 19 |
| district
which encompasses more than one county, each ward, | 20 |
| township or precinct
committeeman residing within the | 21 |
| congressional district shall cast as his
vote one vote for each | 22 |
| ballot voted in his ward, township, part of a
township or | 23 |
| precinct in the last preceding primary election of his
| 24 |
| political party for one candidate of his party for member of | 25 |
| the State
central committee for the congressional district in | 26 |
| which he resides and
the Chairman of the county central | 27 |
| committee shall report the results of
the election to the State | 28 |
| Board of Elections. The State Board of Elections
shall certify | 29 |
| the candidate receiving the highest number of votes elected
| 30 |
| State central committeeman for that congressional district.
| 31 |
| The State central committee shall adopt rules to provide | 32 |
| for and govern
the procedures to be followed in the election of | 33 |
| members of the State central
committee.
| 34 |
| After the
effective date of this amendatory Act of the 91st |
|
|
|
09300HB0629sam001 |
- 22 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| General
Assembly, whenever a vacancy occurs in the office of | 2 |
| Chairman of a State
central committee, or at the end of the | 3 |
| term of office of Chairman, the State
central committee of each | 4 |
| political party that has selected Alternative A shall
elect a | 5 |
| Chairman who shall not be required to be a member of the State | 6 |
| Central
Committee. The Chairman shall be a
registered voter in | 7 |
| this State and of the same political party as the State
central | 8 |
| committee.
| 9 |
| Alternative B. Each congressional committee shall, within | 10 |
| 30 days after
the adoption of this alternative, appoint a | 11 |
| person of the sex opposite that
of the incumbent member for | 12 |
| that congressional district to serve as an
additional member of | 13 |
| the State central committee until his or her successor
is | 14 |
| elected at the general primary election in 1986. Each | 15 |
| congressional
committee shall make this appointment by voting | 16 |
| on the basis set forth in
paragraph (e) of this Section. In | 17 |
| each congressional district at the
general primary election | 18 |
| held in 1986 and every 4 years thereafter, the
male candidate | 19 |
| receiving the highest number of votes of the party's male
| 20 |
| candidates for State central committeeman, and the female | 21 |
| candidate
receiving the highest number of votes of the party's | 22 |
| female candidates for
State central committeewoman, shall be | 23 |
| declared elected State central
committeeman and State central | 24 |
| committeewoman from the district. At the
general primary | 25 |
| election held in 1986 and every 4 years thereafter, if all a
| 26 |
| party's candidates for State central committeemen or State | 27 |
| central
committeewomen from a congressional district are of the | 28 |
| same sex, the candidate
receiving the highest number of votes | 29 |
| shall be declared elected a State central
committeeman or State | 30 |
| central committeewoman from the district, and, because of
a | 31 |
| failure to elect one male and one female to the committee, a | 32 |
| vacancy shall be
declared to exist in the office of the second | 33 |
| member of the State central
committee from the district. This | 34 |
| vacancy shall be filled by appointment by
the congressional |
|
|
|
09300HB0629sam001 |
- 23 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| committee of the political party, and the person appointed to
| 2 |
| fill the vacancy shall be a resident of the congressional | 3 |
| district and of the
sex opposite that of the committeeman or | 4 |
| committeewoman elected at the general
primary election. Each | 5 |
| congressional committee shall make this appointment by
voting | 6 |
| on the basis set forth in paragraph (e) of this Section.
| 7 |
| The Chairman of a State central committee composed as | 8 |
| provided in this
Alternative B must be selected from the | 9 |
| committee's members.
| 10 |
| Except as provided for in Alternative A with respect to the | 11 |
| selection of
the Chairman of the State central committee, under | 12 |
| both of the foregoing
alternatives, the
State
central
committee | 13 |
| of each political party shall be composed of members elected
or | 14 |
| appointed from the several congressional districts of the | 15 |
| State,
and of no other person or persons whomsoever. The | 16 |
| members of the State
central committee shall, within 30 days | 17 |
| after each quadrennial election of
the full committee, meet in | 18 |
| the city of Springfield and organize
by electing a chairman, | 19 |
| and may at such time
elect such officers from among their own | 20 |
| number (or otherwise), as they
may deem necessary or expedient. | 21 |
| The outgoing chairman of the State
central committee of the | 22 |
| party shall, 10 days before the meeting, notify
each member of | 23 |
| the State central committee elected at the primary of the
time | 24 |
| and place of such meeting. In the organization and proceedings | 25 |
| of
the State central committee, each State central committeeman | 26 |
| and State
central committeewoman shall have one vote for each | 27 |
| ballot voted in his or her
congressional district by the | 28 |
| primary electors of his or her party at the
primary election | 29 |
| immediately preceding the meeting of the State central
| 30 |
| committee. Whenever a vacancy occurs in the State central | 31 |
| committee of any
political party, the vacancy shall be filled | 32 |
| by appointment of
the chairmen of the county central committees | 33 |
| of the
political party
of the counties located within the | 34 |
| congressional district in which the vacancy
occurs and,
if |
|
|
|
09300HB0629sam001 |
- 24 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| applicable, the ward and township committeemen of the
political
| 2 |
| party in counties of 2,000,000 or more inhabitants located | 3 |
| within the
congressional
district. If the congressional | 4 |
| district in which the vacancy occurs lies
wholly within a
| 5 |
| county of 2,000,000 or more inhabitants, the ward and township | 6 |
| committeemen
of the political party in that congressional | 7 |
| district shall vote to fill the
vacancy. In voting to fill the | 8 |
| vacancy, each chairman of a county central
committee and
each | 9 |
| ward and township committeeman in counties of 2,000,000
or
more | 10 |
| inhabitants shall have one vote for each ballot voted in each | 11 |
| precinct of
the congressional district in which the vacancy | 12 |
| exists of
his or her
county, township, or ward cast by the | 13 |
| primary electors of his or her party
at the
primary election | 14 |
| immediately preceding the meeting to fill the vacancy in the
| 15 |
| State
central committee. The person appointed to fill the | 16 |
| vacancy shall be a
resident of the
congressional district in | 17 |
| which the vacancy occurs, shall be a qualified voter,
and, in a | 18 |
| committee composed as provided in Alternative B, shall be of | 19 |
| the
same
sex as his or her
predecessor. A political party may, | 20 |
| by a majority vote of the
delegates of any State convention of | 21 |
| such party, determine to return
to the election of State | 22 |
| central committeeman and State central
committeewoman by the | 23 |
| vote of primary electors.
Any action taken by a political party | 24 |
| at a State convention in accordance
with this Section shall be | 25 |
| reported to the State Board of Elections by the
chairman and | 26 |
| secretary of such convention within 10 days after such action.
| 27 |
| Ward, Township and Precinct Committeemen
| 28 |
| (b) At the primary held on the third Tuesday in March, | 29 |
| 1972, and
every 4 years thereafter, each primary elector in | 30 |
| cities having a
population of 200,000 or over may vote for one | 31 |
| candidate of his party in
his ward for ward committeeman. Each | 32 |
| candidate for ward committeeman
must be a resident of and in | 33 |
| the ward where he seeks to be elected ward
committeeman. The | 34 |
| one having the highest number of votes shall be such
ward |
|
|
|
09300HB0629sam001 |
- 25 - |
LRB093 07319 JAM 52682 a |
|
| 1 |
| committeeman of such party for such ward. At the primary | 2 |
| election
held on the third Tuesday in March, 1970, and every 4 | 3 |
| years thereafter,
each primary elector in counties containing a | 4 |
| population of 2,000,000 or
more, outside of cities containing a | 5 |
| population of 200,000 or more, may
vote for one candidate of | 6 |
| his party for township committeeman. Each
candidate for | 7 |
| township committeeman must be a resident of and in the
township | 8 |
| or part of a township (which lies outside of a city having a
| 9 |
| population of 200,000 or more, in counties containing a | 10 |
| population of
2,000,000 or more), and in which township or part | 11 |
| of a township he seeks
to be elected township committeeman. The | 12 |
| one having the highest number
of votes shall be such township | 13 |
| committeeman of such party for such
township or part of a | 14 |
| township. At the primary held on the third Tuesday
in March, | 15 |
| 1970 and every 2 years thereafter, each primary elector,
except | 16 |
| in counties having a population of 2,000,000 or over, may vote
| 17 |
| for one candidate of his party in his precinct for precinct
| 18 |
| committeeman. Each candidate for precinct committeeman must be | 19 |
| a bona
fide resident of the precinct where he seeks to be | 20 |
| elected precinct
committeeman. The one having the highest | 21 |
| number of votes shall be such
precinct committeeman of such | 22 |
| party for such precinct. The official
returns of the primary | 23 |
| shall show the name of the committeeman of each
political | 24 |
| party.
| 25 |
| Terms of Committeemen. All precinct committeemen elected | 26 |
| under the
provisions of this Article shall continue as such | 27 |
| committeemen until the
date of the primary to be held in the | 28 |
| second year after their election.
Except as otherwise provided | 29 |
| in this Section for certain State central
committeemen who have | 30 |
| 2 year terms, all State central committeemen, township
| 31 |
| committeemen and ward committeemen shall continue as such | 32 |
| committeemen
until the date of primary to be held in the fourth | 33 |
| year after their
election. However, a vacancy exists in the | 34 |
| office of precinct committeeman
when a precinct committeeman |
|
|
|
09300HB0629sam001 |
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|
| 1 |
| ceases to reside in the precinct in which he
was elected and | 2 |
| such precinct committeeman shall thereafter neither have
nor | 3 |
| exercise any rights, powers or duties as committeeman in that | 4 |
| precinct,
even if a successor has not been elected or | 5 |
| appointed.
| 6 |
| (c) The Multi-Township Central Committee shall consist of | 7 |
| the precinct
committeemen of such party, in the multi-township | 8 |
| assessing district formed
pursuant to Section 2-10 of the | 9 |
| Property Tax Code and shall be organized for the purposes set | 10 |
| forth in Section
45-25 of the Township Code. In the | 11 |
| organization and proceedings of the
Multi-Township Central | 12 |
| Committee each precinct committeeman shall have one vote
for | 13 |
| each ballot voted in his precinct by the primary electors of | 14 |
| his party at
the primary at which he was elected.
| 15 |
| County Central Committee
| 16 |
| (d) The county central committee of each political party in | 17 |
| each
county shall consist of the various township committeemen, | 18 |
| precinct
committeemen and ward committeemen, if any, of such | 19 |
| party in the county.
In the organization and proceedings of the | 20 |
| county central committee,
each precinct committeeman shall | 21 |
| have one vote for each ballot voted in
his precinct by the | 22 |
| primary electors of his party at the primary at
which he was | 23 |
| elected; each township committeeman shall have one vote for
| 24 |
| each ballot voted in his township or part of a township as the | 25 |
| case may
be by the primary electors of his party at the primary | 26 |
| election
for the nomination of candidates for election to the | 27 |
| General Assembly
immediately preceding the meeting of the | 28 |
| county central committee; and
in the organization and | 29 |
| proceedings of the county central committee,
each ward | 30 |
| committeeman shall have one vote for each ballot voted in his
| 31 |
| ward by the primary electors of his party at the primary | 32 |
| election
for the nomination of candidates for election to the | 33 |
| General Assembly
immediately preceding the meeting of the | 34 |
| county central committee.
|
|
|
|
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| 1 |
| Cook County Board of Review Election District Committee
| 2 |
| (d-1) Each board of review election district committee of | 3 |
| each political
party in Cook County shall consist of the
| 4 |
| various township committeemen and ward committeemen, if any, of | 5 |
| that party in
the portions of the county composing the board of | 6 |
| review election district. In
the organization and proceedings | 7 |
| of each of the 3 election
district committees, each township | 8 |
| committeeman shall have one vote for each
ballot voted in his | 9 |
| or her township or part of a township, as the case may be,
by
| 10 |
| the primary electors of his or her party at the primary | 11 |
| election immediately
preceding the meeting of the board of | 12 |
| review election district committee; and
in the organization and | 13 |
| proceedings of each of the 3 election district
committees, each | 14 |
| ward committeeman shall have one vote for each
ballot voted in
| 15 |
| his or her ward or part of that ward, as the case may be, by the | 16 |
| primary
electors of his or her party at the primary election | 17 |
| immediately preceding the
meeting of the board of review | 18 |
| election district committee.
| 19 |
| Congressional Committee
| 20 |
| (e) The congressional committee of each party in each | 21 |
| congressional
district shall be composed of the chairmen of the | 22 |
| county central
committees of the counties composing the | 23 |
| congressional district, except
that in congressional districts | 24 |
| wholly within the territorial limits of
one county, or partly | 25 |
| within 2 or more counties, but not coterminous
with the county | 26 |
| lines of all of such counties, the precinct
committeemen, | 27 |
| township committeemen and ward committeemen, if any, of
the | 28 |
| party representing the precincts within the limits of the
| 29 |
| congressional district, shall compose the congressional | 30 |
| committee. A
State central committeeman in each district shall | 31 |
| be a member and the
chairman or, when a district has 2 State | 32 |
| central committeemen, a co-chairman
of the congressional | 33 |
| committee, but shall not have the right to
vote except in case | 34 |
| of a tie.
|
|
|
|
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| 1 |
| In the organization and proceedings of congressional | 2 |
| committees
composed of precinct committeemen or township | 3 |
| committeemen or ward
committeemen, or any combination thereof, | 4 |
| each precinct committeeman
shall have one vote for each ballot | 5 |
| voted in his precinct by the primary
electors of his party at | 6 |
| the primary at which he was elected, each
township committeeman | 7 |
| shall have one vote for each ballot voted in his
township or | 8 |
| part of a township as the case may be by the primary
electors | 9 |
| of his party at the primary election immediately preceding the
| 10 |
| meeting of the congressional committee, and each ward | 11 |
| committeeman shall
have one vote for each ballot voted in each | 12 |
| precinct of his ward located
in such congressional district by | 13 |
| the primary electors of his party at
the primary election | 14 |
| immediately preceding the meeting of the
congressional | 15 |
| committee; and in the organization and proceedings of
| 16 |
| congressional committees composed of the chairmen of the county | 17 |
| central
committees of the counties within such district, each | 18 |
| chairman of such
county central committee shall have one vote | 19 |
| for each ballot voted in
his county by the primary electors of | 20 |
| his party at the primary election
immediately preceding the | 21 |
| meeting of the congressional committee.
| 22 |
| Judicial District Committee
| 23 |
| (f) The judicial district committee of each political party | 24 |
| in each
judicial district shall be composed of the chairman of | 25 |
| the county
central committees of the counties composing the | 26 |
| judicial district.
| 27 |
| In the organization and proceedings of judicial district | 28 |
| committees
composed of the chairmen of the county central | 29 |
| committees of the
counties within such district, each chairman | 30 |
| of such county central
committee shall have one vote for each | 31 |
| ballot voted in his county by the
primary electors of his party | 32 |
| at the primary election immediately
preceding the meeting of | 33 |
| the judicial district committee.
| 34 |
| Circuit Court Committee
|
|
|
|
09300HB0629sam001 |
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| 1 |
| (g) The circuit court committee of each political party in | 2 |
| each
judicial circuit outside Cook County shall be composed of | 3 |
| the chairmen
of the county central committees of the counties | 4 |
| composing the judicial
circuit.
| 5 |
| In the organization and proceedings of circuit court | 6 |
| committees, each
chairman of a county central committee shall | 7 |
| have one vote for each
ballot voted in his county by the | 8 |
| primary electors of his party at the
primary election | 9 |
| immediately preceding the meeting of the circuit court
| 10 |
| committee.
| 11 |
| Judicial Subcircuit Committee
| 12 |
| (g-1) The judicial subcircuit committee of each political | 13 |
| party in
each judicial subcircuit in a judicial circuit divided | 14 |
| into subcircuits
shall be composed of (i) the ward and township | 15 |
| committeemen
of the townships and wards composing the judicial | 16 |
| subcircuit in Cook County and
(ii) the precinct committeemen of | 17 |
| the precincts
composing the judicial subcircuit in any county | 18 |
| other than Cook County.
| 19 |
| In the organization and proceedings of each judicial | 20 |
| subcircuit committee,
each township committeeman shall have | 21 |
| one vote for each ballot voted in his
township or part of a | 22 |
| township, as the case may be, in the judicial
subcircuit by the | 23 |
| primary electors of his party at the primary election
| 24 |
| immediately preceding the meeting of the judicial subcircuit | 25 |
| committee;
each precinct committeeman shall have one vote for | 26 |
| each ballot voted in his
precinct or part of a precinct, as the | 27 |
| case may be, in the judicial subcircuit
by the primary electors | 28 |
| of his party at the primary election immediately
preceding the | 29 |
| meeting of the judicial subcircuit committee;
and
each ward | 30 |
| committeeman shall have one vote for each ballot voted in his
| 31 |
| ward or part of a ward, as the case may be, in the judicial | 32 |
| subcircuit by
the primary electors of his party at the primary | 33 |
| election immediately
preceding the meeting of the judicial | 34 |
| subcircuit committee.
|
|
|
|
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| 1 |
| Municipal Central Committee
| 2 |
| (h) The municipal central committee of each political party | 3 |
| shall be
composed of the precinct, township or ward | 4 |
| committeemen, as the case may
be, of such party representing | 5 |
| the precincts or wards, embraced in such
city, incorporated | 6 |
| town or village. The voting strength of each
precinct, township | 7 |
| or ward committeeman on the municipal central
committee shall | 8 |
| be the same as his voting strength on the county central
| 9 |
| committee.
| 10 |
| For political parties, other than a statewide political | 11 |
| party,
established only within a municipality or
township, the | 12 |
| municipal or township managing committee shall be composed
of | 13 |
| the party officers of the local established party. The party | 14 |
| officers
of a local established party shall be as follows: the | 15 |
| chairman and
secretary of the caucus for those municipalities | 16 |
| and townships authorized
by statute to nominate candidates by | 17 |
| caucus shall serve as party officers
for the purpose of filling | 18 |
| vacancies in nomination under Section
7-61; for municipalities | 19 |
| and townships authorized by statute or ordinance
to nominate | 20 |
| candidates by petition and primary election, the party officers
| 21 |
| shall be the party's candidates who are nominated at the | 22 |
| primary. If no party
primary was held because of the provisions | 23 |
| of Section 7-5, vacancies in
nomination shall be filled by the | 24 |
| party's remaining candidates who shall
serve as the party's | 25 |
| officers.
| 26 |
| Powers
| 27 |
| (i) Each committee and its officers shall have the powers | 28 |
| usually
exercised by such committees and by the officers | 29 |
| thereof, not
inconsistent with the provisions of this Article. | 30 |
| The several committees
herein provided for shall not have power | 31 |
| to delegate any of their
powers, or functions to any other | 32 |
| person, officer or committee, but this
shall not be construed | 33 |
| to prevent a committee from appointing from its
own membership | 34 |
| proper and necessary subcommittees.
|
|
|
|
09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
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| 1 |
| (j) The State central committee of a political party which | 2 |
| elects it
members by Alternative B under paragraph (a) of this | 3 |
| Section shall adopt a
plan to give effect to the delegate | 4 |
| selection rules of the national political
party and file a copy | 5 |
| of such plan with the State Board of Elections when
approved by | 6 |
| a national political party.
| 7 |
| (k) For the purpose of the designation of a proxy by a | 8 |
| Congressional
Committee to vote in place of an
absent State | 9 |
| central committeeman or committeewoman at meetings of the
State | 10 |
| central committee of a political party which elects its members | 11 |
| by
Alternative B under paragraph (a) of this Section, the proxy | 12 |
| shall be
appointed by the vote of the ward and township | 13 |
| committeemen, if any, of the
wards and townships which lie | 14 |
| entirely or partially within the
Congressional District from | 15 |
| which the absent State central committeeman or
committeewoman | 16 |
| was elected and the vote of the chairmen of the county
central | 17 |
| committees of those counties which lie entirely or partially | 18 |
| within
that Congressional District and in which there are no | 19 |
| ward or township
committeemen. When voting for such proxy the | 20 |
| county chairman, ward
committeeman or township committeeman, | 21 |
| as the case may be shall have one
vote for each ballot voted in | 22 |
| his county, ward or township, or portion
thereof within the | 23 |
| Congressional District, by the primary electors of his
party at | 24 |
| the primary at which he was elected. However, the absent State
| 25 |
| central committeeman or committeewoman may designate a proxy | 26 |
| when permitted
by the rules of a political party which elects | 27 |
| its members by Alternative B
under paragraph (a) of this | 28 |
| Section.
| 29 |
| Notwithstanding any law to the contrary, a person is | 30 |
| ineligible to hold the position of committeeperson in any | 31 |
| committee established pursuant to this Section if he or she is | 32 |
| statutorily ineligible to vote in a general election because of | 33 |
| conviction of a felony. When a committeeperson is convicted of | 34 |
| a felony, the position occupied by that committeeperson shall |
|
|
|
09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
|
| 1 |
| automatically become vacant.
| 2 |
| (Source: P.A. 93-541, eff. 8-18-03; 93-574, eff. 8-21-03; | 3 |
| revised
9-22-03.)
| 4 |
| (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
| 5 |
| Sec. 7-9. County central committee; county and State | 6 |
| conventions.
| 7 |
| (a) On the 29th day
second Monday next succeeding the | 8 |
| primary at which
committeemen are elected, the county central | 9 |
| committee of each political
party shall meet within
at the | 10 |
| county seat of the proper county and proceed to
organize by | 11 |
| electing from its own number a chairman and either from its
own | 12 |
| number, or otherwise, such other officers as such committee may | 13 |
| deem
necessary or expedient. Such meeting of the county central | 14 |
| committee
shall be known as the county convention.
| 15 |
| The chairman of each county committee shall within 10 days | 16 |
| after the
organization, forward to the State Board of | 17 |
| Elections, the names and
post office addresses of the officers, | 18 |
| precinct committeemen and
representative committeemen elected | 19 |
| by his political party.
| 20 |
| The county convention of each political party shall choose | 21 |
| delegates
to the State convention of its party; but in any | 22 |
| county having within
its limits any city having a population of | 23 |
| 200,000, or over the
delegates from such city shall be chosen | 24 |
| by wards, the ward committeemen
from the respective wards | 25 |
| choosing the number of delegates to which such
ward is entitled | 26 |
| on the basis prescribed in paragraph (e) of this
Section such | 27 |
| delegates to be members of the delegation to the State
| 28 |
| convention from such county. In all counties containing a | 29 |
| population of
2,000,000 or more outside of cities having a | 30 |
| population of 200,000 or
more, the delegates from each of the | 31 |
| townships or parts of townships as
the case may be shall be | 32 |
| chosen by townships or parts of townships as
the case may be, | 33 |
| the township committeemen from the respective townships
or |
|
|
|
09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
|
| 1 |
| parts of townships as the case may be choosing the number of
| 2 |
| delegates to which such townships or parts of townships as the | 3 |
| case may
be are entitled, on the basis prescribed in paragraph | 4 |
| (e) of this
Section such delegates to be members of the | 5 |
| delegation to the State
convention from such county.
| 6 |
| Each member of the State Central Committee of a political | 7 |
| party which
elects its members by Alternative B under paragraph | 8 |
| (a) of Section 7-8
shall be a delegate to the State Convention, | 9 |
| ex officio.
| 10 |
| Each member of the State Central Committee of a political | 11 |
| party which
elects its members by Alternative B under paragraph | 12 |
| (a) of Section 7-8 may
appoint 2 delegates to the State | 13 |
| Convention who must be residents of the
member's Congressional | 14 |
| District.
| 15 |
| (b) State conventions shall be held within 180 days after | 16 |
| the
general primary in the year 2000 and every 4 years | 17 |
| thereafter. In the year 1998, and every 4 years thereafter,
the | 18 |
| chairman of a State central committee may issue a call for a | 19 |
| State
convention within 180 days after the general primary.
| 20 |
| The State
convention of each political party has power to | 21 |
| make
nominations of candidates of its political party for the | 22 |
| electors of
President and Vice President of the United States, | 23 |
| and to adopt any party
platform, and, to the
extent determined | 24 |
| by the State central committee as provided in Section
7-14, to | 25 |
| choose and select delegates and alternate delegates at large to
| 26 |
| national nominating conventions. The State Central Committee | 27 |
| may adopt
rules to provide for and govern the procedures of the | 28 |
| State convention.
| 29 |
| (c) The chairman and secretary of each State convention | 30 |
| shall,
within 2 days thereafter, transmit to the State Board of | 31 |
| Elections of
this State a certificate setting forth the names | 32 |
| and addresses of all
persons nominated by such State convention | 33 |
| for electors of President and
Vice President of the United | 34 |
| States, and of any persons selected by the State
convention for
|
|
|
|
09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
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| 1 |
| delegates and alternate delegates at large to national | 2 |
| nominating
conventions; and the names of such candidates so | 3 |
| chosen by such State
convention for electors of President and | 4 |
| Vice President of the United
States, shall be caused by
the | 5 |
| State Board of Elections to be printed upon the official ballot | 6 |
| at
the general election, in the manner required by law, and | 7 |
| shall be
certified to the various county clerks of the proper | 8 |
| counties in the
manner as provided in Section 7-60 of this | 9 |
| Article 7 for the certifying
of the names of persons nominated | 10 |
| by any party for State offices. If and
as long as this Act | 11 |
| prescribes that the names of such electors be not
printed on | 12 |
| the ballot, then the names of such electors shall be
certified | 13 |
| in such manner as may be prescribed by the parts of this Act
| 14 |
| applicable thereto.
| 15 |
| (d) Each convention may perform all other functions | 16 |
| inherent to such
political organization and not inconsistent | 17 |
| with this Article.
| 18 |
| (e) At least 33 days before the date of a State convention, | 19 |
| the chairman of the State central committee of each political
| 20 |
| party shall file in the principal office of the State Board of
| 21 |
| Elections a call for the State convention. Such call shall | 22 |
| state, among
other things, the time and place (designating the | 23 |
| building or hall) for
holding the State convention. Such call | 24 |
| shall be signed by the chairman
and attested by the secretary | 25 |
| of the committee. In such convention each
county shall be | 26 |
| entitled to one delegate for each 500 ballots voted by
the | 27 |
| primary electors of the party in such county at the primary to | 28 |
| be
held next after the issuance of such call; and if in such | 29 |
| county, less
than 500 ballots are so voted or if the number of | 30 |
| ballots so voted is
not exactly a multiple of 500, there shall | 31 |
| be one delegate for such
group which is less than 500, or for | 32 |
| such group representing the number
of votes over the multiple | 33 |
| of 500, which delegate shall have 1/500 of
one vote for each | 34 |
| primary vote so represented by him. The call for such
|
|
|
|
09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
|
| 1 |
| convention shall set forth this paragraph (e) of Section 7-9 in | 2 |
| full and
shall direct that the number of delegates to be chosen | 3 |
| be calculated in
compliance herewith and that such number of | 4 |
| delegates be chosen.
| 5 |
| (f) All precinct, township and ward committeemen when | 6 |
| elected as
provided in this Section shall serve as though | 7 |
| elected at large
irrespective of any changes that may be made | 8 |
| in precinct, township or
ward boundaries and the voting | 9 |
| strength of each committeeman shall
remain as provided in this | 10 |
| Section for the entire time for which he is
elected.
| 11 |
| (g) The officers elected at any convention provided for in | 12 |
| this
Section shall serve until their successors are elected as | 13 |
| provided in
this Act.
| 14 |
| (h) A special meeting of any central committee may be | 15 |
| called by the
chairman, or by not less than 25% of the members | 16 |
| of such committee, by
giving 5 days notice to members of such | 17 |
| committee in writing designating
the time and place at which | 18 |
| such special meeting is to be held and the
business which it is | 19 |
| proposed to present at such special meeting.
| 20 |
| (i) Except as otherwise provided in this Act, whenever a | 21 |
| vacancy
exists in the office of precinct committeeman because | 22 |
| no one was elected
to that office or because the precinct | 23 |
| committeeman ceases to reside in
the precinct or for any other | 24 |
| reason, the chairman of the county
central committee of the | 25 |
| appropriate political party may fill the
vacancy in such office | 26 |
| by appointment of a qualified resident of the
county and the | 27 |
| appointed precinct committeeman shall serve as though
elected; | 28 |
| however, no such appointment may be made between the general
| 29 |
| primary election and the 30th
14th day after the general | 30 |
| primary election.
| 31 |
| (j) If the number of Congressional Districts in the State | 32 |
| of Illinois
is reduced as a result of reapportionment of | 33 |
| Congressional Districts
following a federal decennial census, | 34 |
| the State Central Committeemen and
Committeewomen of a |
|
|
|
09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
|
| 1 |
| political
party which elects its State Central
Committee by | 2 |
| either Alternative A or by Alternative B under paragraph (a)
of | 3 |
| Section 7-8 who were
previously elected shall continue to serve | 4 |
| as if no reapportionment had
occurred until the expiration of | 5 |
| their terms.
| 6 |
| (Source: P.A. 89-5, eff. 1-1-96; 90-627, eff. 7-10-98.)
| 7 |
| (10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
| 8 |
| Sec. 7-41. (a) All officers upon whom is imposed by law the | 9 |
| duty of
designating and providing polling places for general | 10 |
| elections, shall provide
in each such polling place so | 11 |
| designated and provided, a sufficient number of
booths for such | 12 |
| primary election, which booths shall be provided with
shelves, | 13 |
| such supplies and pencils as will enable the voter to prepare | 14 |
| his
ballot for voting and in which voters may prepare their | 15 |
| ballots screened
from all observation as to the manner in which | 16 |
| they do so. Such booths shall be
within plain view of the | 17 |
| election officers and both they and the ballot boxes
shall be | 18 |
| within plain view of those within the proximity of the voting | 19 |
| booths.
No person other than election officers and the | 20 |
| challengers allowed by law and
those admitted for the purpose | 21 |
| of voting, as hereinafter provided, shall be
permitted within | 22 |
| the proximity of the voting booths, except
by authority of the | 23 |
| primary officers to keep order and enforce the law.
| 24 |
| (b) The number of such voting booths shall not be less than | 25 |
| one to every
seventy-five voters or fraction thereof, who voted | 26 |
| at the last preceding
election in the precinct or election | 27 |
| district.
| 28 |
| (c) No person shall do any electioneering or soliciting of | 29 |
| votes on
primary day within any polling place or within one | 30 |
| hundred feet of any polling
place , or, at the option of a | 31 |
| church or private school, on any of the property of that church | 32 |
| or private school that is a polling place . Election officers | 33 |
| shall place 2 or more cones, small United States
national |
|
|
|
09300HB0629sam001 |
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LRB093 07319 JAM 52682 a |
|
| 1 |
| flags, or some other marker a distance of 100 horizontal feet | 2 |
| from
each entrance to the room used by voters to engage in | 3 |
| voting, which shall be
known as the polling room. If
the | 4 |
| polling room is located within a building that is a private | 5 |
| business, a public or private
school , or a church or other | 6 |
| organization founded for the purpose of religious
worship and | 7 |
| the
distance of 100 horizontal feet ends within the interior of | 8 |
| the
building, then the markers shall be placed outside of the
| 9 |
| building at each entrance used by voters to enter that
building | 10 |
| on the grounds adjacent to the thoroughfare or walkway. If the | 11 |
| polling
room is located within a public or private building | 12 |
| with 2 or more floors and
the polling room is located on the | 13 |
| ground floor, then the markers shall be
placed 100 horizontal | 14 |
| feet from each entrance to the polling room used by
voters to | 15 |
| engage in voting. If the polling room is located in a public or
| 16 |
| private building with 2 or more floors and the polling room is | 17 |
| located on a
floor above or below the ground floor,
then the | 18 |
| markers shall be placed a distance of 100 feet from the nearest
| 19 |
| elevator or staircase used by voters on the ground floor to | 20 |
| access the floor
where the polling room is located. The area | 21 |
| within where the markers are placed
shall be known as a | 22 |
| campaign free zone, and electioneering is prohibited
pursuant | 23 |
| to this subsection. Notwithstanding any other provision of this | 24 |
| Section, a church or private school may choose to apply the | 25 |
| campaign free zone to its entire property, and, if so, the | 26 |
| markers shall be placed near the boundaries on the grounds | 27 |
| adjacent to the thoroughfares or walkways leading to the | 28 |
| entrances used by the voters.
| 29 |
| The area on polling place property beyond the campaign free | 30 |
| zone, whether
publicly or privately owned, is a public forum | 31 |
| for the time that the polls are
open on an election day. At the | 32 |
| request of election officers any publicly owned
building must | 33 |
| be made available for use as a polling place. A person shall | 34 |
| have
the right to congregate and engage in electioneering on |
|
|
|
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| 1 |
| any polling place
property while the polls are open beyond the | 2 |
| campaign free zone, including but
not limited to, the placement | 3 |
| of temporary signs.
This subsection shall be construed | 4 |
| liberally in favor of persons engaging in
electioneering
on all | 5 |
| polling place property beyond the campaign free zone for the | 6 |
| time that
the polls are
open on an election day.
| 7 |
| (d) The regulation of electioneering on polling place | 8 |
| property on an
election
day, including but not limited to the | 9 |
| placement of temporary signs, is an
exclusive power and | 10 |
| function of the State. A home rule unit may not regulate
| 11 |
| electioneering and any ordinance or local law contrary to | 12 |
| subsection (c) is
declared void. This is a denial and | 13 |
| limitation of home rule powers and
functions under subsection | 14 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
| 15 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 16 |
| (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | 17 |
| Sec. 9-1.5. Expenditure defined. | 18 |
| "Expenditure" means-
| 19 |
| (1) a payment, distribution, purchase, loan, advance, | 20 |
| deposit, or
gift of money or anything of value, in | 21 |
| connection with the nomination
for election, or election, | 22 |
| of any person to public office, in connection with
the | 23 |
| election of any person as ward or township committeeman in | 24 |
| counties of
3,000,000 or more population, or in
connection | 25 |
| with any question of public policy.
"Expenditure" also | 26 |
| includes a payment, distribution, purchase, loan,
advance, | 27 |
| deposit, or gift of
money or anything of value that | 28 |
| constitutes an electioneering communication
regardless of | 29 |
| whether the communication is made in concert or cooperation | 30 |
| with
or at the request, suggestion, or knowledge of a
the | 31 |
| candidate, a
the candidate's
authorized
local political | 32 |
| committee, a State political committee, a political | 33 |
| committee in support of or opposition to a question of |
|
|
|
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| 1 |
| public policy, or any of their
agents.
However, expenditure | 2 |
| does not
include -
| 3 |
| (a) the use of real or personal property and the cost | 4 |
| of invitations,
food,
and beverages, voluntarily provided | 5 |
| by an individual in rendering voluntary
personal services | 6 |
| on the individual's
residential premises for | 7 |
| candidate-related activities; provided the value
of the | 8 |
| service provided does not exceed an aggregate of $150 in a | 9 |
| reporting
period;
| 10 |
| (b) the sale of any food or beverage by a vendor for | 11 |
| use in a candidate's
campaign at a charge less than the | 12 |
| normal comparable charge, if such charge
for use in a | 13 |
| candidate's
campaign is at least equal to the cost of such | 14 |
| food or beverage to the vendor.
| 15 |
| (2) a transfer of funds between political committees.
| 16 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03.)
| 17 |
| (10 ILCS 5/9-1.7)
(from Ch. 46, par. 9-1.7)
| 18 |
| Sec. 9-1.7. "Local political committee" means the | 19 |
| candidate himself or any
individual, trust, partnership, | 20 |
| committee, association, corporation, or
other organization or | 21 |
| group of persons which:
| 22 |
| (a) accepts contributions or grants or makes | 23 |
| expenditures during any
12-month period in an aggregate | 24 |
| amount exceeding $3,000 on behalf of or in
opposition to a | 25 |
| candidate or candidates for public office who are required
| 26 |
| by the Illinois Governmental Ethics Act to file statements | 27 |
| of economic
interests with the county clerk,
or on behalf | 28 |
| of or in opposition to a candidate or candidates for | 29 |
| election to
the office of ward or township committeeman in | 30 |
| counties of 3,000,000 or more
population;
| 31 |
| (b) accepts contributions or makes expenditures during | 32 |
| any 12-month
period in an aggregate amount exceeding $3,000 | 33 |
| in support of or in
opposition to any question of public |
|
|
|
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| 1 |
| policy to be submitted to the electors
of an area | 2 |
| encompassing no more than one county; or
| 3 |
| (c) accepts contributions or makes expenditures during | 4 |
| any 12-month
period in an aggregate amount exceeding $3,000 | 5 |
| and has as its primary
purpose the furtherance of | 6 |
| governmental, political or social values, is
organized on a | 7 |
| not-for-profit basis, and which publicly endorses or
| 8 |
| publicly opposes a candidate or candidates for public | 9 |
| office who are
required by the Illinois Governmental Ethics | 10 |
| Act to file statements of
economic interest with the County | 11 |
| Clerk or a candidate or candidates for the
office of ward | 12 |
| or township committeeman in counties of 3,000,000 or more
| 13 |
| population ; or .
| 14 |
| (d) accepts contributions or makes expenditures during | 15 |
| any 12-month period in an aggregate amount
exceeding $3,000 | 16 |
| for electioneering communications relating to any | 17 |
| candidate or
candidates described in paragraph (a) or any | 18 |
| question of public policy
described in paragraph (b).
| 19 |
| (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.)
| 20 |
| (10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| 21 |
| Sec. 9-1.8. "State political committee" means the | 22 |
| candidate himself or any
individual, trust, partnership, | 23 |
| committee, association, corporation, or
any other organization | 24 |
| or group of persons which--
| 25 |
| (a) accepts contributions or grants or makes expenditures | 26 |
| during any
12-month period in an aggregate amount exceeding | 27 |
| $3,000 on behalf of or
in opposition to a candidate or | 28 |
| candidates for public office who are
required by the Illinois | 29 |
| Governmental Ethics Act to file statements of
economic | 30 |
| interests with the Secretary of State,
| 31 |
| (b) accepts contributions or makes expenditures during any | 32 |
| 12-month
period in an aggregate amount exceeding $3,000 in | 33 |
| support of or in
opposition to any question of public policy to |
|
|
|
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|
| 1 |
| be submitted to the
electors of an area encompassing more than | 2 |
| one county, or
| 3 |
| (c) accepts contributions or makes expenditures during any | 4 |
| 12-month
period in an aggregate amount exceeding $3,000 and has | 5 |
| as its primary purpose
the
furtherance of governmental, | 6 |
| political or social values, is organized on
a not-for-profit | 7 |
| basis, and which publicly endorses or publicly opposes
a | 8 |
| candidate or candidates for public office who are required by | 9 |
| the
Illinois Governmental Ethics Act to file statements of | 10 |
| economic interest
with the Secretary of State ; or .
| 11 |
| (d) accepts contributions or makes expenditures during any | 12 |
| 12-month period in an aggregate amount
exceeding $3,000 for | 13 |
| electioneering communications relating to any candidate or
| 14 |
| candidates described in paragraph (a) or any question of public | 15 |
| policy
described in paragraph (b).
| 16 |
| (Source: P.A. 90-737, eff. 1-1-99.)
| 17 |
| (10 ILCS 5/9-1.9)
(from Ch. 46, par. 9-1.9)
| 18 |
| Sec. 9-1.9. "Political committee" includes State central | 19 |
| and county central committees
of any political party, and also | 20 |
| includes local political committees and state
political | 21 |
| committees, but does not include any candidate who does not
| 22 |
| accept contributions or make expenditures during any 12-month | 23 |
| period in
an aggregate amount exceeding $3,000, nor does it | 24 |
| include, with
the exception
of State central and county central | 25 |
| committees of any political party, any
individual, trust, | 26 |
| partnership, committee, association, corporation, or
any other | 27 |
| organization or group of persons which does not (i) accept
| 28 |
| contributions or make expenditures during any 12-month period | 29 |
| in an
aggregate amount exceeding $3,000 on behalf of or in | 30 |
| opposition
to a
candidate or candidates or to any question of | 31 |
| public policy or (ii)
accept contributions or make expenditures | 32 |
| during any
12-month period in an aggregate amount exceeding | 33 |
| $3,000 for electioneering
communications relating to any |
|
|
|
09300HB0629sam001 |
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| candidate or candidates described in paragraph
(a) of Section | 2 |
| 9-1.7 or 9-1.8 or any question of public policy described in
| 3 |
| paragraph (b) of Section 9-1.7 or 9-1.8 , and such candidates | 4 |
| and persons
shall not
be
required to comply with any filing | 5 |
| provisions in this Article.
| 6 |
| (Source: P.A. 90-737, eff. 1-1-99.)
| 7 |
| (10 ILCS 5/9-1.14)
| 8 |
| Sec. 9-1.14. Electioneering communication defined.
| 9 |
| (a) "Electioneering communication" means, for the purposes | 10 |
| of this Article,
any form of communication, in whatever medium, | 11 |
| including but not limited to a , newspaper, radio, television, | 12 |
| or Internet communication
and newspaper communications , that | 13 |
| (1) refers to a
clearly
identified candidate or , candidates who | 14 |
| will appear on the ballot , refers to a clearly identified
or | 15 |
| political party , or refers to a clearly identified question of | 16 |
| public policy that will appear on the ballot and (2) is made | 17 |
| within (i) 60
days before a general election
or consolidated | 18 |
| election
for the office sought by the candidate or (ii) 30 days | 19 |
| before a general primary
election for the office sought by the | 20 |
| candidate .
| 21 |
| (b) "Electioneering communication" does not include:
| 22 |
| (1) A communication, other than an advertisement | 23 |
| advertisements , appearing in a news
story,
commentary, or | 24 |
| editorial
distributed through the facilities of any | 25 |
| legitimate news organization, unless
the
facilities are | 26 |
| owned or controlled by any political party, political | 27 |
| committee,
or candidate.
| 28 |
| (2) A communication made solely to promote a candidate | 29 |
| debate or forum
that is made by or on behalf of the person | 30 |
| sponsoring the debate or forum.
| 31 |
| (3) A communication made as part of a non-partisan | 32 |
| activity designed to
encourage individuals to vote or to | 33 |
| register to vote.
|
|
|
|
09300HB0629sam001 |
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|
| 1 |
| (4) A communication by an organization operating and | 2 |
| remaining in good
standing under Section 501(c)(3) of the | 3 |
| Internal Revenue Code of 1986.
| 4 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 5 |
| revised 1-5-04.)
| 6 |
| (10 ILCS 5/9-9.5)
| 7 |
| Sec. 9-9.5. Disclosures in political communications.
Any | 8 |
| political committee, organized under the Election Code, that
| 9 |
| makes an expenditure for a pamphlet, circular, handbill, | 10 |
| Internet communication, radio, television,
or print | 11 |
| advertisement,
or other communication directed at voters and
| 12 |
| mentioning the name of a candidate in the next upcoming | 13 |
| election shall ensure
that the name of the political committee | 14 |
| paying for any part of the
communication, including, but not | 15 |
| limited to, its preparation and distribution,
is
identified | 16 |
| clearly within the communication as the payor. This Section | 17 |
| does
not apply to items that are too small to contain the | 18 |
| required disclosure.
Nothing in this Section shall require | 19 |
| disclosure on any telephone communication using random | 20 |
| sampling or other scientific survey methods to gauge public | 21 |
| opinion for or against any candidate or question of public | 22 |
| policy.
| 23 |
| (Source: P.A. 93-615, eff. 11-19-03.)
| 24 |
| (10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
| 25 |
| Sec. 10-14. Not less than 67
61 days before the date of the | 26 |
| general election
the State Board of Elections shall certify to | 27 |
| the county clerk of each
county the name of each candidate | 28 |
| whose nomination papers,
certificate of nomination or | 29 |
| resolution to fill a vacancy in nomination
has been filed with
| 30 |
| the State Board of Elections and direct the county clerk to | 31 |
| place upon
the official ballot for the general election the | 32 |
| names of such candidates
in the same manner and in the same |
|
|
|
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|
| 1 |
| order as shown upon the certification. The name of no
candidate | 2 |
| for an office to
be filled by the electors of the entire state | 3 |
| shall be placed upon the
official ballot unless his name is | 4 |
| duly certified to the county clerk
upon a certificate signed by | 5 |
| the members of the State Board of
Elections. The names of group | 6 |
| candidates on petitions shall be certified
to the several | 7 |
| county clerks in the order
in which such names appear on such | 8 |
| petitions filed with
the State Board of Elections.
| 9 |
| Not less than 61
55 days before the date of the general | 10 |
| election, each
county clerk shall certify the names of each of | 11 |
| the candidates for county
offices whose nomination papers, | 12 |
| certificates of nomination or resolutions
to fill a vacancy in | 13 |
| nomination have been filed with such clerk and declare
that the | 14 |
| names of such candidates for the respective offices shall be
| 15 |
| placed upon the official ballot for the general election in the | 16 |
| same manner
and in the same order as shown upon the | 17 |
| certification. Each county clerk
shall place a copy of the | 18 |
| certification on file in his or her office and at
the same time | 19 |
| issue to the State Board of Elections a copy of such
| 20 |
| certification. In addition, each county clerk in whose county | 21 |
| there is a
board of election commissioners
shall, not
less than | 22 |
| 55 days before the election, certify to the board of election
| 23 |
| commissioners the name of the person or persons nominated for | 24 |
| such
office as shown by the certificate of the State Board of | 25 |
| Elections,
together with the names of all other candidates as | 26 |
| shown
by the certification of county officers on file in the | 27 |
| clerk's office, and
in the order so certified. The county clerk | 28 |
| or board of election commissioners
shall print
the names of the | 29 |
| nominees on the ballot for each office in the order in
which | 30 |
| they are certified to or filed with the county clerk; provided,
| 31 |
| that in printing the name of nominees for any office, if any of | 32 |
| such
nominees have also been nominated by one or more political | 33 |
| parties
pursuant to this Act, the location of the name of such | 34 |
| candidate on the
ballot for nominations made under this Article |
|
|
|
09300HB0629sam001 |
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|
| 1 |
| shall be precisely in the
same order in which it appears on the | 2 |
| certification of the State Board
of Elections to the county | 3 |
| clerk.
| 4 |
| For the general election,
the candidates of new political | 5 |
| parties shall be placed on the ballot for
said election after | 6 |
| the established political party candidates
and in the order of | 7 |
| new political party petition filings.
| 8 |
| Each certification shall indicate, where applicable, the | 9 |
| following:
| 10 |
| (1) The political party affiliation if any, of the | 11 |
| candidates for the
respective offices;
| 12 |
| (2) If there is to be more than one candidate elected to an | 13 |
| office from
the State, political subdivision or district;
| 14 |
| (3) If the voter has the right to vote for more than one | 15 |
| candidate for an office;
| 16 |
| (4) The term of office, if a vacancy is to be filled for | 17 |
| less than a
full term or if the offices to be filled in a | 18 |
| political subdivision are for
different terms.
| 19 |
| The State Board of Elections or the county clerk, as the | 20 |
| case may be,
shall issue an amended certification whenever it | 21 |
| is discovered that the
original certification is in error.
| 22 |
| (Source: P.A. 86-867.)
| 23 |
| (10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
| 24 |
| Sec. 12-5. Notice for public questions. For all elections | 25 |
| held after July
1, 1999, notice of public
questions shall be | 26 |
| required only as set forth in this
Section or as set forth in | 27 |
| Section 17-3 or 19-3 of the School Code. Not
more than
30 days | 28 |
| nor less than 10 days before the date of a
regular election at | 29 |
| which a public question is to be submitted to the voters of
a | 30 |
| political or governmental subdivision, and at least 20 days | 31 |
| before an
emergency referendum, the election authority shall | 32 |
| publish notice of the
referendum. The notice shall be published | 33 |
| once in a local, community newspaper
having general circulation |
|
|
|
09300HB0629sam001 |
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|
| 1 |
| in the political or governmental subdivision. The
notice shall | 2 |
| also be given at least 10 days before the date of the election | 3 |
| by
posting a copy of the notice at the principal office of the | 4 |
| election
authority. The local election official shall also post | 5 |
| a copy of the notice at
the principal office of the political | 6 |
| or governmental
subdivision, or if there is no principal office | 7 |
| at the building in which the
governing body of the political or | 8 |
| governmental subdivision held its first
meeting of the calendar | 9 |
| year in which the referendum is being held. The
election | 10 |
| authority and the political or governmental subdivision may, | 11 |
| but are
not required to, post the notice electronically on | 12 |
| their World Wide Web pages.
The notice, which shall appear over | 13 |
| the name or title of the election
authority, shall be | 14 |
| substantially in the following form:
| 15 |
| NOTICE IS HEREBY GIVEN that at the election to be held | 16 |
| on
(insert day of the week),
(insert date of election), the | 17 |
| following proposition will be
submitted to the voters of | 18 |
| (name of political or governmental subdivision):
| 19 |
| (insert the public question as it will appear on the | 20 |
| ballot)
| 21 |
| The polls at the election will be open at 6:00 o'clock | 22 |
| A.M. and will
continue to be open until 7:00 o'clock P.M. | 23 |
| of that day.
| 24 |
| Dated (date of notice)
| 25 |
| (Name or title of the election authority)
| 26 |
| The notice shall also include any additional information | 27 |
| required by the
statute authorizing the public question. The | 28 |
| notice may include an explanation in plain language of the | 29 |
| question and its purposes. The notice shall set forth the
| 30 |
| precincts and polling places at which the referendum will be | 31 |
| conducted only in
the case of emergency referenda.
| 32 |
| (Source: P.A. 91-57, eff. 6-30-99; 92-6, eff. 6-7-01 .)
| 33 |
| (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
|
|
|
|
09300HB0629sam001 |
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|
| 1 |
| Sec. 17-29. (a) No judge of election, pollwatcher, or other | 2 |
| person shall,
at any primary or election, do any electioneering | 3 |
| or soliciting of votes
or engage in any political discussion | 4 |
| within any polling place ,
or within
100 feet of any polling | 5 |
| place , or, at the option of a church or private school, on any | 6 |
| of the property of that church or private school that is a | 7 |
| polling place ; no person shall interrupt, hinder or
oppose any | 8 |
| voter while approaching within those areas
100 feet of any | 9 |
| polling place
for the purpose of voting. Judges of election | 10 |
| shall enforce the
provisions of this Section.
| 11 |
| (b) Election officers shall place 2 or more cones, small | 12 |
| United States
national flags, or some other marker a distance | 13 |
| of 100 horizontal feet from
each entrance to the room used by | 14 |
| voters to engage in voting, which shall be
known as the polling | 15 |
| room. If
the polling room is located within a building
that is | 16 |
| a private business, a public or private school , or a church or | 17 |
| other organization founded
for the purpose of religious worship | 18 |
| and the
distance of 100 horizontal feet ends within the | 19 |
| interior of the
building, then the markers shall be placed | 20 |
| outside of the
building at each entrance used by voters to | 21 |
| enter that
building on the grounds adjacent to the thoroughfare | 22 |
| or walkway. If the polling
room is located within a public or | 23 |
| private building with 2 or more floors and
the polling room is | 24 |
| located on the ground floor, then the markers shall be
placed | 25 |
| 100 horizontal feet from each entrance to the polling room used | 26 |
| by
voters to engage in voting. If the polling room is located | 27 |
| in a public or
private building with 2 or more floors and the | 28 |
| polling room is located on a
floor above or below the ground | 29 |
| floor,
then the markers shall be placed a distance of 100 feet | 30 |
| from the nearest
elevator or staircase used by voters on the | 31 |
| ground floor to access the floor
where the polling room is | 32 |
| located. The area within where the markers are placed
shall be | 33 |
| known as a campaign free zone, and electioneering is prohibited
| 34 |
| pursuant to this subsection. Notwithstanding any other |
|
|
|
09300HB0629sam001 |
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|
| 1 |
| provision of this Section, a church or private school may | 2 |
| choose to apply the campaign free zone to its entire property, | 3 |
| and, if so, the markers shall be placed near the boundaries on | 4 |
| the grounds adjacent to the thoroughfares or walkways leading | 5 |
| to the entrances used by the voters.
| 6 |
| The area on polling place property beyond the campaign free | 7 |
| zone, whether
publicly or privately owned, is a public forum | 8 |
| for the time that the polls are
open on an election day. At the | 9 |
| request of election officers any publicly owned
building must | 10 |
| be made available for use as a polling place. A person shall | 11 |
| have
the right to congregate and engage in electioneering on | 12 |
| any polling place
property while the polls are open beyond the | 13 |
| campaign free zone, including but
not limited to, the placement | 14 |
| of temporary signs.
This subsection shall be construed | 15 |
| liberally in favor of persons engaging in
electioneering
on all | 16 |
| polling place property beyond the campaign free zone for the | 17 |
| time that
the polls are
open on an election day.
| 18 |
| (c) The regulation of electioneering on polling place | 19 |
| property on an
election
day, including but not limited to the | 20 |
| placement of temporary signs, is an
exclusive power and | 21 |
| function of the State. A home rule unit may not regulate
| 22 |
| electioneering and any ordinance or local law contrary to | 23 |
| subsection (c) is
declared void. This is a denial and | 24 |
| limitation of home rule powers and
functions under subsection | 25 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
| 26 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 27 |
| (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
| 28 |
| Sec. 19-2.2. (a) During the period beginning on the 40th | 29 |
| day preceding
an election and continuing through the day | 30 |
| preceding such election, no
advertising pertaining to any | 31 |
| candidate or proposition to be voted upon
shall be displayed in | 32 |
| or within 100 feet of any room used by voters
pursuant to this | 33 |
| Article , or, at the option of a church or private school, on |
|
|
|
09300HB0629sam001 |
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|
| 1 |
| any of the property of that church or private school that is a | 2 |
| polling place ; nor shall any person engage in electioneering
in | 3 |
| or within 100 feet of any such room , or, at the option of a | 4 |
| church or private school, on any of the property of that church | 5 |
| or private school that is a polling place . Any person who | 6 |
| violates this
Section may be punished as for contempt of court.
| 7 |
| (b) Election officers shall place 2 or more cones, small | 8 |
| United States
national flags, or some other marker a distance | 9 |
| of 100 horizontal feet from
each entrance to the room used by | 10 |
| voters to engage in voting , or, at the option of a church or | 11 |
| private school, on any of the property of that church or | 12 |
| private school that is a polling place , which shall be
known as | 13 |
| the polling room. If
the polling room is located within a | 14 |
| building that is a private business, a public or private
| 15 |
| school , or a church or other organization founded for the | 16 |
| purpose of religious
worship and the
distance of 100 horizontal | 17 |
| feet ends within the interior of the
building, then the markers | 18 |
| shall be placed outside of the
building at each entrance used | 19 |
| by voters to enter that
building on the grounds adjacent to the | 20 |
| thoroughfare or walkway. If the polling
room is located within | 21 |
| a public or private building with 2 or more floors and
the | 22 |
| polling room is located on the ground floor, then the markers | 23 |
| shall be
placed 100 horizontal feet from each entrance to the | 24 |
| polling room used by
voters to engage in voting. If the polling | 25 |
| room is located in a public or
private building with 2 or more | 26 |
| floors and the polling room is located on a
floor above or | 27 |
| below the ground floor,
then the markers shall be placed a | 28 |
| distance of 100 feet from the nearest
elevator or staircase | 29 |
| used by voters on the ground floor to access the floor
where | 30 |
| the polling room is located. The area within where the markers | 31 |
| are placed
shall be known as a campaign free zone, and | 32 |
| electioneering is prohibited
pursuant to this subsection. | 33 |
| Notwithstanding any other provision of this Section, a church | 34 |
| or private school may choose to apply the campaign free zone to |
|
|
|
09300HB0629sam001 |
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|
| 1 |
| its entire property, and, if so, the markers shall be placed | 2 |
| near the boundaries on the grounds adjacent to the | 3 |
| thoroughfares or walkways leading to the entrances used by the | 4 |
| voters.
| 5 |
| The area on polling place property beyond the campaign free | 6 |
| zone,
whether
publicly or privately owned, is a public forum | 7 |
| for the time that the polls are
open on an election day. At the | 8 |
| request of election officers any publicly owned
building must | 9 |
| be made available for use as a polling place. A person shall | 10 |
| have
the right to congregate and engage in electioneering on | 11 |
| any polling place
property while the polls are open beyond the | 12 |
| campaign free zone, including but
not limited to, the placement | 13 |
| of temporary signs.
This subsection shall be construed | 14 |
| liberally in favor of persons engaging in
electioneering
on all | 15 |
| polling place property beyond the campaign free zone for the | 16 |
| time that
the polls are
open on an election day.
| 17 |
| (c) The regulation of electioneering on polling place | 18 |
| property on an
election
day, including but not limited to the | 19 |
| placement of temporary signs, is an
exclusive power and | 20 |
| function of the State. A home rule unit may not regulate
| 21 |
| electioneering and any ordinance or local law contrary to | 22 |
| subsection (b) is
declared void. This is a denial and | 23 |
| limitation of home rule powers and
functions under subsection | 24 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
| 25 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 26 |
| (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
| 27 |
| Sec. 21-2. The county clerks of the several counties shall, | 28 |
| within 21
8 days
next after holding the election named in | 29 |
| subsection (1) of Section 2A-1.2 and
Section 2A-2 make 2 copies | 30 |
| of the abstract of the votes cast for electors by
each | 31 |
| political party or group, as indicated by the voter, as | 32 |
| aforesaid, by a
cross in the square to the left of the bracket | 33 |
| aforesaid, or as indicated
by a cross in the appropriate place |
|
|
|
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| 1 |
| preceding the appellation or title of
the particular political | 2 |
| party or group, and transmit by mail one of the
copies to the | 3 |
| office of the State Board of Elections and retain the other
in | 4 |
| his office, to be sent for by the electoral board in case the | 5 |
| other
should be mislaid. Within 31
20 days after the holding of | 6 |
| such election, and
sooner if all the returns are received by | 7 |
| the State Board of Elections, the
State Board of Election, | 8 |
| shall proceed to open and canvass said election
returns and to | 9 |
| declare which set of candidates for President and
| 10 |
| Vice-President received, as aforesaid, the highest number of | 11 |
| votes cast at
such election as aforesaid; and the electors of | 12 |
| that party whose candidates
for President and Vice-President | 13 |
| received the highest number of votes so
cast shall be taken and | 14 |
| deemed to be elected as electors of President and
| 15 |
| Vice-President, but should 2 or more sets of candidates for | 16 |
| President and
Vice-President be returned with an equal and the | 17 |
| highest vote, the State
Board of Elections shall cause a notice | 18 |
| of the same to be published, which
notice shall name some day | 19 |
| and place, not less than 5 days from the time of
such | 20 |
| publication of such notice, upon which the State Board of | 21 |
| Elections
will decide by lot which of the sets of candidates | 22 |
| for President and
Vice-President so equal and highest shall be | 23 |
| declared to be highest. And
upon the day and at the place so | 24 |
| appointed in the notice, the board shall
so decide by lot and | 25 |
| declare which is deemed highest of the sets of
candidates for | 26 |
| President and Vice-President so equal and highest, thereby
| 27 |
| determining only that the electors chosen as aforesaid by such | 28 |
| candidates'
party or group are thereby elected by general | 29 |
| ticket to be such electors.
| 30 |
| (Source: P.A. 84-861.)
| 31 |
| (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| 32 |
| Sec. 22-1. Abstracts of votes. Within 21
7 days after the
| 33 |
| close of the
election at which candidates for offices |
|
|
|
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| 1 |
| hereinafter named in this Section are
voted upon, the county | 2 |
| clerks of the respective counties, with the assistance
of the | 3 |
| chairmen of the county central committees of the Republican and
| 4 |
| Democratic parties of the county, shall open the returns and | 5 |
| make abstracts of
the votes on a separate sheet for each of the | 6 |
| following:
| 7 |
| A. For Governor and Lieutenant Governor;
| 8 |
| B. For State officers;
| 9 |
| C. For presidential electors;
| 10 |
| D. For United States Senators and Representatives to | 11 |
| Congress;
| 12 |
| E. For judges of the Supreme Court;
| 13 |
| F. For judges of the Appellate Court;
| 14 |
| G. For judges of the circuit court;
| 15 |
| H. For Senators and Representatives to the General | 16 |
| Assembly;
| 17 |
| I. For State's Attorneys elected from 2 or more counties;
| 18 |
| J. For amendments to the Constitution, and for other | 19 |
| propositions
submitted to the electors of the entire State;
| 20 |
| K. For county officers and for propositions submitted to | 21 |
| the
electors of the county only;
| 22 |
| L. For Regional Superintendent of Schools;
| 23 |
| M. For trustees of Sanitary Districts; and
| 24 |
| N. For Trustee of a Regional Board of School Trustees.
| 25 |
| Multiple originals of each of the sheets shall be prepared | 26 |
| and one of
each shall be turned over to the chairman of the | 27 |
| county central
committee of each of the then existing | 28 |
| established political parties, as
defined in Section 10-2, or | 29 |
| his duly authorized representative
immediately after the | 30 |
| completion of the entries on the sheets and before
the totals | 31 |
| have been compiled.
| 32 |
| The foregoing abstracts shall be preserved by the county | 33 |
| clerk in his office.
| 34 |
| Whenever any county chairman is also county clerk or |
|
|
|
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| 1 |
| whenever any
county chairman is unable to serve as a member of | 2 |
| such canvassing board
the vice-chairman or secretary of his | 3 |
| county central committee, in that
order, shall serve in his | 4 |
| place as member of such canvassing board;
provided, that if | 5 |
| none of these persons is able to serve, the county
chairman may | 6 |
| appoint a member of his county central committee to serve
as a | 7 |
| member of such canvassing board.
| 8 |
| The powers and duties of the county canvassing board are | 9 |
| limited to
those specified in this Section. In no event shall | 10 |
| such canvassing board
open any package in which the ballots | 11 |
| have been wrapped or any envelope
containing "defective" or | 12 |
| "objected to" ballots, or in any manner
undertake to examine | 13 |
| the ballots used in the election, except as
provided in Section | 14 |
| 22-9.1 or when directed by a court in an election
contest. Nor | 15 |
| shall such canvassing board call in the precinct judges of
| 16 |
| election or any other persons to open or recount the ballots.
| 17 |
| (Source: P.A. 89-5, eff. 1-1-96.)
| 18 |
| (10 ILCS 5/22-3) (from Ch. 46, par. 22-3)
| 19 |
| Sec. 22-3. When two (2) or more persons receive an equal | 20 |
| and the highest
number of votes for an office to be filled by | 21 |
| the county alone, the county
clerk shall issue a notice to such | 22 |
| persons of such tie vote, and require
them to appear at his | 23 |
| office, on a day named in the notice, no later than 21 days | 24 |
| following an election
within ten (10)
days from the day of | 25 |
| election , and determine by lot which of them is to be
declared | 26 |
| elected.
| 27 |
| (Source: Laws 1943, vol. 2, p. 1.)
| 28 |
| (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
| 29 |
| Sec. 22-7. Canvass of votes; declaration and proclamation | 30 |
| of result. The State Board of Elections, shall proceed within | 31 |
| 31
20 days
after the election,
and sooner if all the returns | 32 |
| are received, to canvass the votes given
for United States |
|
|
|
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|
| 1 |
| Senators and Representatives to Congress, State
executive | 2 |
| officers, judges of the Supreme Court, judges of the Appellate
| 3 |
| Court, judges of the Circuit Court, Senators, Representatives | 4 |
| to the
General Assembly, State's Attorneys and Regional | 5 |
| Superintendents of Schools
elected from 2 or more counties, | 6 |
| respectively, and the persons
having the highest number of | 7 |
| votes for the respective offices shall be
declared duly | 8 |
| elected, but if it appears that more than the number of
persons | 9 |
| to be elected have the highest and an equal number of votes for
| 10 |
| the same office, the electoral board shall decide by lot which | 11 |
| of such
persons shall be elected; and to each person duly | 12 |
| elected, the Governor
shall give a certificate of election or | 13 |
| commission, as the case may
require, and shall cause | 14 |
| proclamation to be made of the result of the
canvass, and they | 15 |
| shall at the same time and in the same manner, canvass
the vote | 16 |
| cast upon amendments to the Constitution, and upon other
| 17 |
| propositions submitted to the electors of the entire State; and | 18 |
| the
Governor shall cause to be made such proclamation of the | 19 |
| result of the
canvass as the statutes elsewhere provide. The | 20 |
| State Board of Elections
shall transmit to the State | 21 |
| Comptroller a list of the persons elected to
the various | 22 |
| offices. The State Board of Elections shall also transmit to
| 23 |
| the Supreme Court the names of persons elected to judgeships in
| 24 |
| adversary elections and the names of judges who fail to win | 25 |
| retention in
office.
| 26 |
| (Source: P.A. 89-5, eff. 1-1-96.)
| 27 |
| (10 ILCS 5/22-8)
(from Ch. 46, par. 22-8)
| 28 |
| Sec. 22-8. In municipalities operating under Article 6 of | 29 |
| this Act,
within 21
7 days after the close of such election, a | 30 |
| judge of
the circuit
court, with the assistance of the city | 31 |
| attorney and the board of election
commissioners, who are | 32 |
| hereby declared a canvassing board for such city,
shall open | 33 |
| all returns left respectively, with the election |
|
|
|
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| 1 |
| commissioners,
the county clerk, and city comptroller, and | 2 |
| shall make abstracts or
statements of the votes in the | 3 |
| following manner, as the case may require,
viz: All votes for | 4 |
| Governor and Lieutenant Governor on one sheet; all votes
for | 5 |
| other State officers on another sheet; all votes for | 6 |
| presidential
electors on another sheet; all votes for United | 7 |
| States Senators and
Representatives to Congress on another | 8 |
| sheet; all votes for judges of the
Supreme Court on another | 9 |
| sheet; all votes for judges of the Appellate Court
on another | 10 |
| sheet; all votes for Judges of the Circuit Court on another
| 11 |
| sheet; all votes for Senators and Representatives to the | 12 |
| General Assembly
on another sheet; all votes for State's | 13 |
| Attorneys where elected from 2 or
more counties on another | 14 |
| sheet; all votes for County Officers on another
sheet; all | 15 |
| votes for City Officers on another sheet; all votes for Town
| 16 |
| Officers on another sheet; and all votes for any other office | 17 |
| on a separate
and appropriate sheet; all votes for any | 18 |
| proposition, which may be
submitted to a vote of the people, on | 19 |
| another sheet, and all votes against
any proposition, submitted | 20 |
| to a vote of the people, on another sheet.
| 21 |
| Multiple originals of each of the sheets shall be prepared | 22 |
| and one of
each shall be turned over to the chairman of the | 23 |
| county central committee
of each of the then existing | 24 |
| established political parties, as defined in
Section 10-2, or | 25 |
| his duly authorized representative immediately after the
| 26 |
| completion of the entries on the sheets and before the totals | 27 |
| have been
compiled.
| 28 |
| (Source: P.A. 77-2626.)
| 29 |
| (10 ILCS 5/22-17)
(from Ch. 46, par. 22-17)
| 30 |
| Sec. 22-17. (a) Except as provided in subsection (b),
the | 31 |
| canvass of votes cast at the nonpartisan and consolidated | 32 |
| elections
shall be conducted by the following canvassing boards | 33 |
| within 21
7 days
after the close of such elections:
|
|
|
|
09300HB0629sam001 |
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|
| 1 |
| 1. For city offices, by the mayor, the city attorney | 2 |
| and the city
clerk.
| 3 |
| 2. For village and incorporated town offices, by the | 4 |
| president of
the board of trustees, one member of the board | 5 |
| of trustees, and the
village or incorporated town clerk.
| 6 |
| 3. For township offices, by the township supervisor, | 7 |
| the eligible town
trustee elected in the township who has | 8 |
| the longest term of continuous
service as town trustee, and | 9 |
| the township clerk.
| 10 |
| 4. For road district offices, by the highway | 11 |
| commissioner and the
road district clerk.
| 12 |
| 5. For school district or community college district | 13 |
| offices, by the
school or community college district board.
| 14 |
| 6. For special district elected offices, by the board | 15 |
| of the special
district.
| 16 |
| 7. For multi-county educational service region | 17 |
| offices, by the
regional board of school trustees.
| 18 |
| 8. For township trustee of schools or land | 19 |
| commissioner, by the
township trustees of schools or land | 20 |
| commissioners.
| 21 |
| 9. For park district offices, by the president of the | 22 |
| park board, one
member of the board of park commissioners | 23 |
| and the secretary of the park
district.
| 24 |
| 10. For multi-township assessment districts, by the | 25 |
| chairman,
clerk, and assessor of the multi-township | 26 |
| assessment district.
| 27 |
| (b) The city canvassing board provided in Section 22-8 | 28 |
| shall canvass
the votes cast at the nonpartisan and | 29 |
| consolidated elections for offices
of any political | 30 |
| subdivision entirely within the jurisdiction of a
municipal | 31 |
| board of election commissioners.
| 32 |
| (c) The canvass of votes cast upon any public questions | 33 |
| submitted to
the voters of any political subdivision, or any | 34 |
| precinct or combination of
precincts within a political |
|
|
|
09300HB0629sam001 |
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|
| 1 |
| subdivision, at any regular election or at
any emergency | 2 |
| referendum election, including votes cast by voters
outside of | 3 |
| the political subdivision where the question is for
annexation | 4 |
| thereto, shall be canvassed by the same board provided for in
| 5 |
| this Section for the canvass of votes of the officers of such | 6 |
| political
subdivision. However, referenda conducted throughout | 7 |
| a county and
referenda of sanitary districts whose officers are | 8 |
| elected at general
elections shall be canvassed by the county | 9 |
| canvassing board. The votes
cast on a public question for the | 10 |
| formation of a political subdivision
shall be canvassed by the | 11 |
| circuit court that ordered the question
submitted, or by such | 12 |
| officers of the court as may be appointed for such
purpose, | 13 |
| except where in the formation or reorganization of a school
| 14 |
| district or districts the regional superintendent of schools is
| 15 |
| designated by law as the canvassing official.
| 16 |
| (d) The canvass of votes for offices of political | 17 |
| subdivisions cast
at special elections to fill vacancies held | 18 |
| on the day of any regular
election shall be conducted by the | 19 |
| canvassing board which is responsible
for canvassing the votes | 20 |
| at the regularly scheduled election for such office.
| 21 |
| (Source: P.A. 87-738; 87-1052.)
|
|
22 |
| Section 7. The Counties Code is amended by changing Section | 23 |
| 2-3007 as follows:
| 24 |
| (55 ILCS 5/2-3007) (from Ch. 34, par. 2-3007)
| 25 |
| Sec. 2-3007. Chairman of county board; election and term. | 26 |
| Any
county board when providing for the reapportionment of its | 27 |
| county under
this Division may provide that the chairman of the | 28 |
| county board shall be
elected by the voters of the county | 29 |
| rather than by the members of the
board. In that event, | 30 |
| provision shall be made for the election throughout
the county | 31 |
| of the chairman of the county board, but in counties over
| 32 |
| 3,000,000 population no person may be elected to serve as such |
|
|
|
09300HB0629sam001 |
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| 1 |
| chairman who
has not been elected as a county board member to | 2 |
| serve during the same
period as the term of office as chairman | 3 |
| of the county board to which he
seeks election. In counties | 4 |
| over 450,000 population and under 3,000,000
population, the | 5 |
| chairman shall be elected as chairman without having been
first | 6 |
| elected to the county board. Such chairman shall not vote on | 7 |
| any
question except to break a tie vote. In all other counties | 8 |
| the chairman may
either be elected as a county board member or | 9 |
| elected as the chairman
without having been first elected to | 10 |
| the board. Except in counties where
the chairman of the county | 11 |
| board is elected by the voters of the county and
is not | 12 |
| required to be a county board member, whether the chairman of | 13 |
| the
county board is elected by the voters of the county or by | 14 |
| the members of
the board, he shall be elected to a 2 year term. | 15 |
| In counties where the
chairman of the county board is elected | 16 |
| by the voters of the county and is
not required to be a county | 17 |
| board member, the chairman shall be elected to
a 4 year term. | 18 |
| In all cases, the term of the chairman
of the county board | 19 |
| shall commence on the third
first Monday of the month
following | 20 |
| the month in which members of the county board are elected.
| 21 |
| (Source: P.A. 86-926; 86-1429; 86-1475.)
|
|
22 |
| Section 10. The Township Code is amended by changing | 23 |
| Sections 50-15 and 50-40 as follows:
| 24 |
| (60 ILCS 1/50-15)
| 25 |
| Sec. 50-15. Time of entering upon duties.
| 26 |
| (a) In all counties, the township collectors elected at the | 27 |
| township
election shall enter upon their duties on January 1 | 28 |
| next following their
election and qualification.
| 29 |
| (b) In all counties, township supervisors and township | 30 |
| clerks shall enter upon their duties on the third
first
Monday
| 31 |
| of May following their election.
| 32 |
| (c) Beginning with elections in 1981 in all counties, the |
|
|
|
09300HB0629sam001 |
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|
| 1 |
| township and
multi-township assessors shall enter upon their | 2 |
| duties on January 1 next
following their election.
| 3 |
| (Source: P.A. 90-210, eff. 7-25-97.)
| 4 |
| (60 ILCS 1/50-40)
| 5 |
| Sec. 50-40. Township trustees; time of election and terms. | 6 |
| Except in
townships organized under Article 15, at the regular | 7 |
| township election provided
in the general election law there | 8 |
| shall be elected 4 members to serve on the
township board. They | 9 |
| shall be known as township trustees and shall hold their
office | 10 |
| for a term of 4 years beginning the third
first Monday of May | 11 |
| following
their election and until their successors are elected | 12 |
| and qualified.
| 13 |
| (Source: P.A. 90-210, eff. 7-25-97.)
|
|
14 |
| Section 15. The Illinois Municipal Code is amended by | 15 |
| changing Sections 3.1-10-5, 3.1-10-15, 3.1-20-25, 5-2-2, and | 16 |
| 5-5-1 as follows:
| 17 |
| (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
| 18 |
| Sec. 3.1-10-5. Qualifications; elective office.
| 19 |
| (a) A person is not eligible for an elective municipal | 20 |
| office unless that
person is a qualified elector of the | 21 |
| municipality and has resided in the
municipality at least
one | 22 |
| year next preceding the election.
| 23 |
| (b) A person is not eligible for an elective municipal | 24 |
| office if that
person is in arrears
in the payment of a tax or | 25 |
| other indebtedness due to the municipality or
has been | 26 |
| convicted in any court located in the United States of any | 27 |
| infamous
crime,
bribery, perjury, or other felony.
| 28 |
| (c) A person is not eligible for the office of
alderman of | 29 |
| a ward or trustee of a district unless that person has resided
| 30 |
| in the ward that the person seeks to represent, and a person is | 31 |
| not eligible for the office of trustee of a district unless |
|
|
|
09300HB0629sam001 |
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|
| 1 |
| that person has resided in the
municipality , at least one year | 2 |
| next
preceding the election or appointment, except
as provided | 3 |
| in subsection (c) of Section 3.1-20-25, subsection (b) of | 4 |
| Section 3.1-25-75 , Section 5-2-2, or Section 5-2-11 .
| 5 |
| (Source: P.A. 91-667, eff. 6-1-00.)
| 6 |
| (65 ILCS 5/3.1-10-15) (from Ch. 24, par. 3.1-10-15)
| 7 |
| Sec. 3.1-10-15. Commencement of terms. The terms of elected | 8 |
| municipal
officers shall commence at the first regular
or | 9 |
| special meeting of the corporate authorities during the month | 10 |
| of May
April
following the proclamation of the results of the | 11 |
| regular municipal election
at which the officers were elected, | 12 |
| except as otherwise provided
by ordinance fixing the date for | 13 |
| inauguration of newly elected officers
of a municipality. The | 14 |
| ordinance shall not, however, fix the time for
inauguration of | 15 |
| newly elected officers later than the first regular or special
| 16 |
| meeting of the corporate authorities in the month of June
May
| 17 |
| following the
election.
| 18 |
| (Source: P.A. 87-1119.)
| 19 |
| (65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25)
| 20 |
| Sec. 3.1-20-25. Redistricting a city.
| 21 |
| (a) In the formation of wards, the number of
inhabitants of | 22 |
| the city
immediately preceding the division of the city into | 23 |
| wards shall be
as nearly equal in population, and the wards | 24 |
| shall be of as compact and
contiguous territory, as | 25 |
| practicable. Wards shall be created in a
manner so that, as far | 26 |
| as practicable, no precinct shall be divided between
2 or more | 27 |
| wards.
| 28 |
| (b) Whenever an official
census shows that a city contains | 29 |
| more or fewer wards than it is
entitled to, the city council of | 30 |
| the city, by ordinance, shall redistrict
the city into as many | 31 |
| wards as the city is entitled. This
redistricting shall be | 32 |
| completed not less than 30 days before the first day
set by the |
|
|
|
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|
| 1 |
| general election law for the filing of candidate petitions for
| 2 |
| the next succeeding election for city officers. At this | 3 |
| election there
shall be elected the number of aldermen to which | 4 |
| the city is entitled,
except as provided in subsection (c).
| 5 |
| (c) If it appears from any official census
that a city has | 6 |
| the requisite number of inhabitants to
authorize it to increase | 7 |
| the number of aldermen, the city council shall
immediately | 8 |
| proceed to redistrict the city
and shall hold the next city | 9 |
| election in
accordance with the new redistricting. At this | 10 |
| election the aldermen whose
terms of office are not expiring | 11 |
| shall be considered aldermen for the new
wards respectively in | 12 |
| which their residences are situated . At this election a | 13 |
| candidate for alderman may be elected from any ward that | 14 |
| contains a part of the ward in which he or she resided at least | 15 |
| one year next preceding the election that follows the | 16 |
| redistricting,
and, if elected, that person may be reelected | 17 |
| from the new ward he or she represents if he or she
resides in | 18 |
| that ward for at least one year next preceding reelection . If | 19 |
| there are 2
or more aldermen with terms of office not expiring | 20 |
| and residing in the same
ward under the new redistricting, the | 21 |
| alderman who holds over for that ward
shall be determined by | 22 |
| lot in the presence of the city council, in the
manner directed | 23 |
| by the council, and all other aldermen shall fill
their | 24 |
| unexpired terms as aldermen-at-large. The aldermen-at-large, | 25 |
| if any,
shall have the same powers and duties as all other | 26 |
| aldermen, but upon the
expiration of their terms the offices of | 27 |
| aldermen-at-large shall be abolished.
| 28 |
| (d) If the redistricting results in one or more wards in | 29 |
| which no aldermen
reside whose terms of office have not | 30 |
| expired, 2 aldermen shall be elected
in accordance with Section | 31 |
| 3.1-20-35, unless the city elected only one
alderman per ward | 32 |
| pursuant to a referendum under subsection (a) of Section
| 33 |
| 3.1-20-20.
| 34 |
| (e) A redistricting ordinance that has decreased the number
|
|
|
|
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| 1 |
| of wards of a city because of a decrease in population of the | 2 |
| city shall
not be effective if, not less than 60 days before | 3 |
| the time fixed for
the next succeeding general municipal | 4 |
| election, an official
census is officially published that shows | 5 |
| that the city has regained a
population that entitles it to the | 6 |
| number of wards that it had just
before the passage of the last | 7 |
| redistricting ordinance.
| 8 |
| (Source: P.A. 87-1119.)
| 9 |
| (65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)
| 10 |
| Sec. 5-2-2. Except as otherwise provided in Section 5-2-3, | 11 |
| the number of
aldermen, when not elected by the minority | 12 |
| representation plan, shall be as
follows: In cities not | 13 |
| exceeding 3,000 inhabitants, 6 aldermen; exceeding
3,000, but | 14 |
| not exceeding 15,000, 8 aldermen; exceeding 15,000 but not
| 15 |
| exceeding 20,000, 10 aldermen; exceeding 20,000 but not | 16 |
| exceeding 30,000,
14 aldermen; and 2 additional aldermen for | 17 |
| every 20,000 inhabitants over
30,000. In all cities of less | 18 |
| than 500,000, 20 aldermen shall be the
maximum number permitted | 19 |
| except as otherwise provided in the case of
aldermen-at-large. | 20 |
| No redistricting shall be required in order to reduce
the | 21 |
| number of aldermen heretofore provided for. Two aldermen shall | 22 |
| be
elected to represent each ward.
| 23 |
| If it appears from any census specified in Section 5-2-5 | 24 |
| and taken not
earlier than 1940 that any city has the requisite | 25 |
| number of inhabitants to
authorize it to increase the number of | 26 |
| aldermen, the city council shall
immediately proceed to | 27 |
| redistrict the city in accordance with the
provisions of | 28 |
| Section 5-2-5, and it shall hold the next city election in
| 29 |
| accordance with the new redistricting. At this election the | 30 |
| aldermen whose
terms of office are not expiring shall be | 31 |
| considered aldermen for the new
wards respectively in which | 32 |
| their residences are situated. At this election a candidate for | 33 |
| alderman may be elected from any ward that contains a part of |
|
|
|
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| 1 |
| the ward in which he or she resided at least one year next | 2 |
| preceding the election that follows the redistricting,
and, if | 3 |
| elected, that person may be reelected from the new ward he or | 4 |
| she represents if he or she
resides in that ward for at least | 5 |
| one year next preceding reelection. If there are 2
or more | 6 |
| aldermen with terms of office not expiring and residing in the | 7 |
| same
ward under the new redistricting, the alderman who holds | 8 |
| over for that ward
shall be determined by lot in the presence | 9 |
| of the city council, in whatever
manner the council shall | 10 |
| direct and all other aldermen shall fill their
unexpired terms | 11 |
| as aldermen-at-large. The aldermen-at-large, if any, shall
| 12 |
| have the same power and duties as all other aldermen but upon | 13 |
| expiration of
their terms the offices of aldermen-at-large | 14 |
| shall be abolished.
| 15 |
| If the re-districting results in one or more wards in which | 16 |
| no aldermen
reside whose terms of office have not expired, 2 | 17 |
| aldermen shall be elected
in accordance with the provisions of | 18 |
| Section 5-2-8.
| 19 |
| (Source: Laws 1961, p. 576.)
|
|
20 |
| (65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
| 21 |
| Sec. 5-5-1. Petition for abandonment of managerial form; | 22 |
| referendum;
succeeding elections of officers and aldermen or | 23 |
| trustees.
| 24 |
| (a) A city or village that has operated for 4
years or more | 25 |
| under the
managerial form of municipal government may abandon | 26 |
| that
organization as provided in this Section. For the purposes | 27 |
| of this
Article, the
operation of the managerial form of | 28 |
| municipal government shall be deemed
to begin on the date of | 29 |
| the appointment of the first manager in
the city or village. | 30 |
| When a petition for abandonment
signed by electors of the
| 31 |
| municipality equal in number to at least 10% of the number of | 32 |
| votes cast
for candidates for mayor at the preceding general | 33 |
| quadrennial municipal
election is filed with the circuit court |
|
|
|
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| 1 |
| for the county in which that
city or village is located, the | 2 |
| court shall set a date not less than 10
nor more than 30 days | 3 |
| thereafter for a hearing on the sufficiency of the
petition. | 4 |
| Notice of the filing of the petition and of the date of the
| 5 |
| hearing shall be given in writing to the city or village clerk | 6 |
| and to
the mayor or village president at least 7 days before | 7 |
| the date of the
hearing. If the petition is found sufficient, | 8 |
| the court shall enter an
order directing that the
proposition | 9 |
| be submitted at an election other than a primary election for
| 10 |
| the municipality. The clerk of the court shall certify the | 11 |
| proposition to
the proper election authorities for submission.
| 12 |
| The proposition shall be in substantially the following form:
| 13 |
| Shall (name of city or village) retain the managerial | 14 |
| form of municipal government?
| 15 |
| (b) If the majority of the votes at the
election are "yes", | 16 |
| then the
proposition to abandon is rejected and the | 17 |
| municipality shall continue
operating under this Article 5. If | 18 |
| the majority of the votes are "no",
then the proposition to | 19 |
| abandon operation under this Article 5 is
approved.
| 20 |
| (c) If the proposition for abandonment is approved, the | 21 |
| city or village
shall become subject to Article 3.1 or Article | 22 |
| 4,
whichever Article was in force in the city or village
| 23 |
| immediately before the adoption of the plan authorized by this | 24 |
| Article 5, upon the
election and qualification of officers to | 25 |
| be elected at the next
succeeding general municipal election. | 26 |
| Those officers shall be those
prescribed by Article 3.1 or | 27 |
| Article 4, as the case may be, but the
change shall not in any | 28 |
| manner or degree affect the property rights or
liabilities of | 29 |
| the city or village. The mayor, clerk, and treasurer and
all | 30 |
| other elected officers of a city or village in office at the | 31 |
| time
the proposition for abandonment is approved shall continue | 32 |
| in office
until the expiration of the term for which they were | 33 |
| elected.
| 34 |
| (d) If a city or village operating under this Article 5 has |
|
|
|
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| 1 |
| aldermen or
trustees elected from wards or districts and a | 2 |
| proposition to abandon operation under this Article 5 is | 3 |
| approved, then the officers
to be elected at the next
| 4 |
| succeeding general municipal election shall be elected from the | 5 |
| same
wards or districts as exist immediately before the | 6 |
| abandonment.
| 7 |
| (e) If a city or village operating under this Article 5 has | 8 |
| a council or
village board elected from the municipality at | 9 |
| large and a proposition
to abandon operation under this Article | 10 |
| 5 is approved, then
the first group of aldermen,
board of | 11 |
| trustees, or commissioners so elected shall be of the same
| 12 |
| number as was provided for in the municipality at the time of | 13 |
| the
adoption of a plan under this Article 5, with the same ward | 14 |
| or district
boundaries in cities or villages that immediately | 15 |
| before the adoption
of this Article 5 had wards or districts, | 16 |
| unless the municipal
boundaries have been changed. If there has | 17 |
| been such a change,
the council or village board shall so alter | 18 |
| the former ward or district
boundaries so as to conform as | 19 |
| nearly as possible to the former
division. If the plan | 20 |
| authorized by this Article 5 is
abandoned, the next general | 21 |
| municipal election for officers shall be
held at the time | 22 |
| specified in Section 3.1-10-75 or
3.1-25-15 for that
election. | 23 |
| The aldermen or trustees elected at that election shall, if
the | 24 |
| city or village was operating under Article 3 at the time of
| 25 |
| adoption of this Article 5 and had at that time staggered 4 | 26 |
| year terms
of office for the aldermen or trustees, choose by | 27 |
| lot which shall serve
initial 2 year terms as provided by | 28 |
| Section 3.1-20-35 or
3.1-15-5, whichever
may be applicable, in | 29 |
| the case of election of those officers at
the first
election | 30 |
| after a municipality is incorporated.
| 31 |
| (f) The proposition to abandon the managerial form of | 32 |
| municipal
government shall not be submitted in any city or | 33 |
| village oftener than
once in 12
46 months.
| 34 |
| (Source: P.A. 87-1119.)
|
|
1 |
| Section 20. The Revised Cities and Villages Act of 1941 is | 2 |
| amended by changing Sections 21-5, 21-12, 21-14, and 21-22 as | 3 |
| follows:
| 4 |
| (65 ILCS 20/21-5) (from Ch. 24, par. 21-5)
| 5 |
| Sec. 21-5. Mayor; Term of office.
| 6 |
| (a) The mayor of
the city of Chicago shall be elected in | 7 |
| 1943 and quadrennially
thereafter
in a nonpartisan election. | 8 |
| The candidate receiving a majority of the votes
cast for mayor | 9 |
| at the consolidated primary election shall be declared mayor.
| 10 |
| If no candidate receives a majority of the votes, a runoff | 11 |
| election shall be
held at the consolidated election, when only | 12 |
| the names of the candidates
receiving the highest and second | 13 |
| highest number of votes at the consolidated
primary election | 14 |
| shall appear on the ballot. If more than one candidate
received | 15 |
| the highest or second highest number of votes at the | 16 |
| consolidated
primary election, the names of all candidates | 17 |
| receiving the highest and second
highest number of votes shall | 18 |
| appear on the ballot at the consolidated
election. The | 19 |
| candidate receiving the highest number of votes at the
| 20 |
| consolidated election shall be declared elected.
| 21 |
| (b) The mayor shall hold his or her office for 4 years
| 22 |
| beginning at
noon on the third
first Monday in May following | 23 |
| his or her
election, and until his
or her successor is elected | 24 |
| and qualified.
| 25 |
| (Source: P.A. 91-667, eff. 6-1-00.)
| 26 |
| (65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
| 27 |
| Sec. 21-12. City clerk and city treasurer; Election; | 28 |
| Tenure. At the time of election of the mayor there shall be | 29 |
| elected also a city
clerk and a city treasurer. The candidates | 30 |
| receiving a majority of the votes
cast for clerk and treasurer | 31 |
| at the consolidated primary election shall be
declared the |
|
|
|
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| 1 |
| clerk and treasurer. If no candidate receives a majority of the
| 2 |
| votes for one of the offices, a runoff election shall be held | 3 |
| at the
consolidated election, when only the names of the | 4 |
| candidates receiving the
highest and second highest number of | 5 |
| votes for that office at the consolidated
primary election | 6 |
| shall appear on the ballot. If more than one candidate
received | 7 |
| the highest or second highest number of votes for one of the | 8 |
| offices
at the consolidated primary election, the names of all | 9 |
| candidates receiving the
highest and second highest number of | 10 |
| votes for that office shall appear on the
ballot at the | 11 |
| consolidated election. The candidate receiving the highest
| 12 |
| number of votes at the consolidated election shall be declared | 13 |
| elected.
| 14 |
| The clerk and treasurer each shall hold office for a
term | 15 |
| of 4 years beginning at noon on the third
first Monday in May
| 16 |
| following the election and until a successor is elected and | 17 |
| qualified. No
person, however, shall be elected to the office | 18 |
| of city treasurer for 2
terms in succession.
| 19 |
| (Source: P.A. 91-667, eff. 6-1-00.)
| 20 |
| (65 ILCS 20/21-14) (from Ch. 24, par. 21-14)
| 21 |
| Sec. 21-14. Member residency before election; member not to | 22 |
| hold other
office.
| 23 |
| (a) No member may be elected or appointed to the city | 24 |
| council after the
effective date of this amendatory Act of the | 25 |
| 93rd
91st General Assembly unless he or
she has resided in the | 26 |
| ward he or she seeks to represent at least one year next | 27 |
| preceding
2 years
before the date of the election or | 28 |
| appointment. In the election following
redistricting, a | 29 |
| candidate for alderman may be elected from any ward containing
| 30 |
| a part of the ward in which he or she resided for at least one | 31 |
| year next preceding
the
2 years before the
election that | 32 |
| follows the redistricting ,
and , if elected, that person may be | 33 |
| reelected from the new ward he or she represents if he or she
|
|
|
|
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| 1 |
| resides in that ward for at least one year next preceding
18 | 2 |
| months
before the reelection.
| 3 |
| (b) No member of the city council shall at the same time | 4 |
| hold any other
civil service office under the federal, state or | 5 |
| city government, except
if such member is granted a leave of | 6 |
| absence from such civil service
office, or except in the | 7 |
| National Guard, or as a notary public, and
except such honorary | 8 |
| offices as go by appointment without compensation.
| 9 |
| (Source: P.A. 91-358, eff. 7-29-99.)
| 10 |
| (65 ILCS 20/21-22) (from Ch. 24, par. 21-22)
| 11 |
| Sec. 21-22. General election for aldermen; vacancies.
| 12 |
| (a) A general election for aldermen shall be held in the | 13 |
| year 1943 and every
4 years thereafter, at which one alderman | 14 |
| shall be elected from each of the 50
wards provided for by this | 15 |
| Article. The aldermen elected shall serve for a
term of 4 years | 16 |
| beginning at noon on the third
first Monday in May following
| 17 |
| the election of city officers, and until their successors are | 18 |
| elected and have
qualified. All elections for aldermen shall be | 19 |
| in accordance with the
provisions of law in force and operative | 20 |
| in the City of Chicago for such
elections at the time the | 21 |
| elections are held.
| 22 |
| (b) Vacancies occurring in the office of alderman shall be | 23 |
| filled in the
manner prescribed for filling vacancies in | 24 |
| Section 3.1-10-50 of the Illinois
Municipal Code. An | 25 |
| appointment to fill a vacancy shall be made within 60 days
| 26 |
| after the vacancy occurs. The requirement that an appointment | 27 |
| be made within
60 days is an exclusive power and function of | 28 |
| the State and is a denial and
limitation under Article VII, | 29 |
| Section 6, subsection (h) of the Illinois
Constitution of the | 30 |
| power of a home rule municipality to require that an
| 31 |
| appointment be made within a different period after the vacancy | 32 |
| occurs.
| 33 |
| (Source: P.A. 91-667, eff. 6-1-00.)
|
|
1 |
| Section 25. The Fire Protection District Act is amended by | 2 |
| changing Section 4a as follows:
| 3 |
| (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
| 4 |
| Sec. 4a. Any fire protection district organized under this | 5 |
| Act may
determine, in either manner provided in the following | 6 |
| items (1) and (2) of this
Section, to have an elected, rather | 7 |
| than an appointed, board of trustees.
| 8 |
| (1) If the district lies wholly within a single | 9 |
| township but does not
also lie wholly within a | 10 |
| municipality, the township board of trustees
may | 11 |
| determine, by ordinance, to have an elected board of | 12 |
| trustees.
| 13 |
| (2) Upon presentation to the board of trustees of a | 14 |
| petition, signed
by not less than 10% of the electors of | 15 |
| the district, requesting that a
proposition for the | 16 |
| election of trustees be submitted to the electors of the
| 17 |
| district, the secretary of the board of trustees shall | 18 |
| certify the proposition
to the appropriate election | 19 |
| authorities who shall submit the proposition at
a regular | 20 |
| election in accordance with the general election law.
The | 21 |
| general election law shall apply to and govern such | 22 |
| election. The
proposition shall be in substantially the | 23 |
| following form:
| 24 |
| -------------------------------------------------------------
| 25 |
| Shall the trustees of...... YES
| 26 |
| Fire Protection District be -------------------------
| 27 |
| elected, rather than appointed? NO
| 28 |
| -------------------------------------------------------------
| 29 |
| If a majority of the votes cast on such proposition are | 30 |
| in the affirmative,
the trustees of the district shall | 31 |
| thereafter be elected as provided by this
Section.
| 32 |
| At the next regular election for trustees as provided by |
|
|
|
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| 1 |
| the general election
law, a district that has approved by | 2 |
| ordinance or referendum to have its
trustees elected rather | 3 |
| than appointed shall elect 3, 5, or 7 trustees, as
previously | 4 |
| determined by the organization of the district or as increased | 5 |
| under
Section 4.01 or 4.02. The initial elected trustees shall | 6 |
| be elected for 2, 4,
and 6 year terms. In a district with 3 | 7 |
| trustees, one trustee shall be elected
for a term of 2 years, | 8 |
| one for a term of 4 years, and one for a term of 6
years. In a | 9 |
| district with 5 trustees, 2 shall be elected for terms of 2
| 10 |
| years, 2 for terms of 4 years, and one for a term of 6 years. In | 11 |
| a district
with 7 trustees, 3 shall be elected for terms of 2 | 12 |
| years, 2 for terms of 4
years, and 2 for terms of 6 years. | 13 |
| Except as otherwise provided in Section
2A-54 of the Election | 14 |
| Code, the term of each elected trustee shall
commence on the | 15 |
| third
first Monday of the month following the month of his | 16 |
| election
and until his successor is elected and qualified. The | 17 |
| length of the terms of
the trustees first elected shall be | 18 |
| determined by lot at their first meeting.
Except as otherwise | 19 |
| provided in Section 2A-54 of the Election Code,
thereafter, | 20 |
| each trustee shall be elected to serve for a term of 6 years
| 21 |
| commencing on the third
first Monday of the month following the | 22 |
| month of his election
and until his successor is elected and | 23 |
| qualified.
| 24 |
| No party designation shall appear on the ballot for | 25 |
| election of trustees.
The provisions of the general election | 26 |
| law shall apply to and govern
the nomination and election of | 27 |
| trustees.
| 28 |
| The provisions of Section 4 relating to eligibility, powers | 29 |
| and disabilities
of trustees shall apply equally to elected | 30 |
| trustees.
| 31 |
| Whenever a fire protection district determines to elect | 32 |
| trustees as provided
in this Section, the trustees appointed | 33 |
| pursuant to Section 4 shall continue
to constitute the board of | 34 |
| trustees until the third
first Monday of the month
following |
|
|
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| 1 |
| the month of the first election of trustees.
If the term of | 2 |
| office of any appointed trustees expires before the first
| 3 |
| election of trustees, the authority which appointed that | 4 |
| trustee under Section
4 of this Act shall appoint a successor | 5 |
| to serve until a successor is
elected and has qualified. The | 6 |
| terms of all appointed trustees in such
district shall expire | 7 |
| on the third
first Monday of the month following the
month of | 8 |
| the first election of trustees under this Section or when
| 9 |
| successors have been elected and have qualified, whichever | 10 |
| occurs later.
| 11 |
| (Source: P.A. 90-358, eff. 1-1-98 .)
|
|
12 |
| Section 30. The Downstate Forest Preserve District Act is | 13 |
| amended by changing Section 3.5 as follows:
| 14 |
| (70 ILCS 805/3.5)
| 15 |
| Sec. 3.5. Elected board of commissioners.
| 16 |
| (a) In counties with a population more than 30,000 but less | 17 |
| than 90,000,
in each forest preserve
district organized after | 18 |
| the effective date of this amendatory Act of 1997 or
in which, | 19 |
| on the effective date of this amendatory Act of 1997,
the
| 20 |
| commissioners of the district are appointed by the presiding | 21 |
| officer of the
county board under Section 3a, the commissioners | 22 |
| shall be elected as provided
in this Section, rather than | 23 |
| appointed, beginning with the first consolidated
election | 24 |
| following the effective date of this amendatory Act of 1997. | 25 |
| There
shall be 5 elected commissioners, elected from the | 26 |
| district at large. Each
commissioner must be a resident of the | 27 |
| district. The terms of all elected
commissioners shall commence | 28 |
| on the third
first Monday of the month following
the month of | 29 |
| election. No party designation shall appear on the ballot for | 30 |
| the
election of commissioners. The terms of all commissioners | 31 |
| appointed under
Section 3a in a district to which this Section | 32 |
| applies shall expire on the
third
first Monday of the month |
|
|
|
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| 1 |
| following the month of the first election of
commissioners in | 2 |
| that district under this Section.
| 3 |
| If before August 20, 1993 (the effective date of Public Act | 4 |
| 88-443)
in a county with a population of 30,000 or less a | 5 |
| presiding officer
of a county board appointed the commissioners | 6 |
| of the forest preserve district
and if that presiding officer | 7 |
| has, since August 20,
1993, continued to appoint the | 8 |
| commissioners of the forest preserve
district, then those | 9 |
| appointments made after August 20, 1993, if made in
compliance | 10 |
| with Section 3a, are
validated.
| 11 |
| (b) The initial elected commissioners shall, no later than | 12 |
| 45 days after
taking office, divide themselves publicly by lot | 13 |
| as equally as possible into 2
groups. Commissioners or their | 14 |
| successors from one group shall be elected for
terms of 4 | 15 |
| years; the initial elected commissioners from the second
group | 16 |
| shall serve for terms of 2 years, and their successors shall be | 17 |
| elected
for terms of 4 years.
| 18 |
| (c) The commissioners shall elect from among their number a | 19 |
| president of the
board of commissioners.
| 20 |
| (d) Whenever a vacancy occurs in the office of | 21 |
| commissioner, whether by
death, resignation, refusal to | 22 |
| qualify, no longer residing in the district, or
for any other | 23 |
| reason, the board of commissioners shall declare that a
vacancy | 24 |
| exists. The vacancy shall be filled within 60 days by | 25 |
| appointment of
the president of the board of commissioners, | 26 |
| with the advice and consent of the
other commissioners. The | 27 |
| appointee shall be eligible to serve as commissioner.
The | 28 |
| appointee shall serve the remainder of the unexpired term. If, | 29 |
| however,
more than 28 months remain in the term, the | 30 |
| appointment shall be until the next
consolidated election, at | 31 |
| which time the vacated office of commissioner shall
be filled | 32 |
| by election for the remainder of the term.
| 33 |
| If a vacancy occurs in the office of president of the board | 34 |
| of commissioners,
the remaining commissioners shall elect one |
|
|
|
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| 1 |
| of their number to serve as
president for the balance of the | 2 |
| unexpired term of the president in whose
office the vacancy | 3 |
| occurred.
| 4 |
| (e) Except as otherwise provided in this Section, elected | 5 |
| commissioners
shall have the same powers and duties, and shall | 6 |
| be entitled to the same
compensation, as enjoyed by | 7 |
| commissioners before the effective date of this
amendatory Act | 8 |
| of 1993.
| 9 |
| (Source: P.A. 90-190, eff. 7-24-97.)
|
|
10 |
| Section 35. The Public Library District Act of 1991 is | 11 |
| amended by changing Sections 30-10 and 30-40 as follows:
| 12 |
| (75 ILCS 16/30-10)
| 13 |
| Sec. 30-10. Election and terms of trustees.
| 14 |
| (a) Trustees shall be elected every 2
years at
the regular | 15 |
| election scheduled for trustees of public library districts
| 16 |
| under the Election Code for 6-year
terms. Seven trustees shall | 17 |
| constitute a board.
| 18 |
| (b) The trustees' terms shall be staggered.
After the first | 19 |
| election, the trustees shall determine, by lot, 2
trustees to | 20 |
| serve for terms of 2 years, 2 trustees to serve for
terms of 4 | 21 |
| years, and 3 trustees to serve for terms of 6 years. The terms
| 22 |
| of all trustees shall begin on the third
1st Monday
of the | 23 |
| month next following the month of the election.
| 24 |
| (c) At each election of trustees after the first election, | 25 |
| the trustees
elected to succeed those
whose terms have expired | 26 |
| shall hold office for the full
term of 6 years from the third
| 27 |
| 1st Monday of the month next following
the election and until | 28 |
| their respective successors are elected and qualified.
| 29 |
| (d) A district may provide by resolution of the board that | 30 |
| the term of
its trustees shall be 4 years. If the board adopts | 31 |
| such a resolution, then
if 3 trustees are to be elected at the | 32 |
| next election or if 2 trustees are
to be elected at each of the |
|
|
|
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| 1 |
| next 2 elections, one of the trustees elected
at the next | 2 |
| election (to be determined by lot at the
first meeting after
| 3 |
| that election) shall serve a 2 year term.
| 4 |
| (Source: P.A. 87-1277.)
| 5 |
| (75 ILCS 16/30-40)
| 6 |
| Sec. 30-40. Organization of board; qualification
and oath | 7 |
| of trustees.
| 8 |
| (a) Within 74
60 days after their election or appointment, | 9 |
| the incumbent
and new trustees shall take their oath of office | 10 |
| as prescribed by law
and meet to organize
the board.
| 11 |
| (b) The first action taken at the meeting shall be the | 12 |
| election
of a president, a vice-president, a secretary, and a
| 13 |
| treasurer from among the trustees.
The secretary shall then | 14 |
| record the membership of the
board.
| 15 |
| (c) Trustees
duly elected or appointed as certified by the | 16 |
| appropriate election
authority or appointing authority shall | 17 |
| be qualified to serve as trustees under this Act. The required | 18 |
| oath shall be taken and subscribed
before a notary public or | 19 |
| the secretary of the board.
| 20 |
| (d) Within 60 days after the organization of the board, the | 21 |
| secretary shall file, with the county
clerk of the county | 22 |
| containing all or a larger portion of the district
and with the | 23 |
| Illinois State Librarian, a statement listing the names and | 24 |
| addresses
of the trustees and officers and their respective | 25 |
| terms in office.
The secretary shall report a vacancy on the | 26 |
| board to the county clerk and
the State Librarian within 60 | 27 |
| days after it occurs and shall report the
filling of a vacancy | 28 |
| within 60 days after it is filled.
| 29 |
| (e) The first officers shall serve until the next regular | 30 |
| election
of trustees. Thereafter, officers shall serve for | 31 |
| terms set by ordinance
but not to exceed 2 years, ending on the
| 32 |
| third
first Monday of the month
following each regular election | 33 |
| or until their successors are duly elected
by the board. A |
|
|
|
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| 1 |
| vacancy in any office shall be filled by the board for the
| 2 |
| unexpired term.
| 3 |
| (Source: P.A. 87-1277.)
|
|
4 |
| Section 40. The School Code is amended by changing Sections | 5 |
| 5-14, 6-17, 10-5, and 10-16 as follows:
| 6 |
| (105 ILCS 5/5-14) (from Ch. 122, par. 5-14)
| 7 |
| Sec. 5-14. Term of office of successors - Vacancies. | 8 |
| Successors to the trustees whose terms of office expire at the | 9 |
| time prescribed
in Section 5-13, and their successors, shall | 10 |
| hold their offices for 6 years
and until their respective | 11 |
| successors are elected and qualified. Trustees
of schools shall | 12 |
| enter upon the duties of their office on the third
first Monday
| 13 |
| of the month following their election.
| 14 |
| Whenever a vacancy occurs, the remaining trustees shall | 15 |
| fill the
vacancy until the next regular school election, at | 16 |
| which election a
successor shall be elected to serve the | 17 |
| remainder of the unexpired
term. However, if the vacancy occurs | 18 |
| with less than 28 months remaining in
the term, or if the | 19 |
| vacancy occurs less than 88 days before the next
regularly | 20 |
| scheduled election for this office then the person so appointed
| 21 |
| shall serve the remainder of the unexpired term, and no | 22 |
| election to fill
the vacancy shall be held. The successor shall | 23 |
| have the same residential
qualifications as his predecessor. | 24 |
| Should they fail so to act, within 30
days after the vacancy | 25 |
| occurs, the regional superintendent of the region in
which the | 26 |
| township lies, or if the township is divided by a county line | 27 |
| or
lines, the regional superintendent of the region in which a | 28 |
| majority of the
children, who reside in districts subject to | 29 |
| the jurisdiction of the
trustees of schools of such township, | 30 |
| attend school, shall within 15 days after the
remaining | 31 |
| trustees have failed to fill the vacancy, fill the vacancy as
| 32 |
| provided for herein. The successor shall have the same type of |
|
|
|
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| residential
qualifications as his predecessor.
| 2 |
| (Source: P.A. 86-1441.)
| 3 |
| (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
| 4 |
| Sec. 6-17. Election of president - Terms of members. Except | 5 |
| as otherwise
provided in Section 2A-54 of the Election Code, on | 6 |
| the third
first
Monday in May, following the first election, or | 7 |
| if such day is
a holiday
then the next day, the regional
| 8 |
| superintendent of schools who shall be the ex-officio secretary | 9 |
| of the
board shall convene the newly elected regional board of | 10 |
| school trustees
for the purpose of organization. Except as | 11 |
| provided in Section 2A-54 of the
Election Code, at this meeting | 12 |
| the members shall
elect a president from among their number who | 13 |
| shall serve as president
for a term of 2 years and shall | 14 |
| determine by lot the length of the term
of each member so that | 15 |
| 2 shall serve for a term of 2 years, 2 for 4
years and 3 for 6 | 16 |
| years from the third
first Monday of the month
following the | 17 |
| date of their election. Except as provided in Section 2A-54 of
| 18 |
| the Election Code, thereafter members shall be elected
to serve | 19 |
| for a term of 6 years from the third
first Monday of the month | 20 |
| following
the date of their election or until their successors | 21 |
| are elected and qualified.
| 22 |
| All succeeding meetings for the purpose of organization | 23 |
| shall be held
on the third
first Monday in May following the | 24 |
| election; however, in
case the
third
first Monday in May is a | 25 |
| holiday the organization meeting shall
be held
on the next day.
| 26 |
| If educational service regions are consolidated under | 27 |
| Section 3A-3 or
3A-4 of this Act, however, the expiring terms | 28 |
| of members of each regional
board of school trustees in those | 29 |
| regions being consolidated shall be
extended so as to terminate | 30 |
| on the first Monday of August of the year that
consolidation | 31 |
| takes effect, as defined in Section 3A-5 of this Act, and, on
| 32 |
| such day, the Regional Superintendent of the consolidated | 33 |
| region shall
convene all the members of each regional board of |
|
|
|
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| 1 |
| school trustees in the
consolidated region, and shall by lot | 2 |
| select from among such trustees an
interim regional board of | 3 |
| school trustees for the consolidated region in
accord with the | 4 |
| specifications as to membership and residency in Section
6-2. | 5 |
| The interim board so selected shall serve until their | 6 |
| successors are
elected at the succeeding regular election of | 7 |
| regional school trustees and
have qualified. A single regional | 8 |
| board of school trustees shall be elected
at such succeeding | 9 |
| regular election to take office on the third
first Monday of
| 10 |
| the month following such election. The board elected for the | 11 |
| consolidated
region shall be convened on such third
first
| 12 |
| Monday of the month following such
election for organizational | 13 |
| purposes, to elect a president and determine
terms for its | 14 |
| members by lot as provided in this Section. The respective
| 15 |
| regional boards of school trustees of educational service | 16 |
| regions involved
in consolidations under Section 3A-3 or 3A-4 | 17 |
| shall cease to exist at the
time the board elected for the | 18 |
| consolidated region is so organized.
| 19 |
| (Source: P.A. 90-358, eff. 1-1-98.)
| 20 |
| (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
| 21 |
| Sec. 10-5. Organization of board - Report to treasurer and | 22 |
| regional
superintendent of schools. Within 28
7 days after the | 23 |
| regular election of
directors, the directors shall meet and | 24 |
| organize by appointing one
of their number president and | 25 |
| another as clerk, except that when directors
are elected at the | 26 |
| consolidated elections in April of 1999 and April of 2001,
the | 27 |
| directors shall meet and organize, in the manner provided by | 28 |
| this Section,
within 7 days after the first Tuesday after the | 29 |
| first Monday of November in
each of those 2 years. The clerk | 30 |
| shall at once report
to the treasurer and regional | 31 |
| superintendent of schools the names of the
president and clerk | 32 |
| so appointed. Upon organizing itself as provided in this
| 33 |
| Section, the board of school directors shall enter upon the |
|
|
|
09300HB0629sam001 |
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|
| 1 |
| discharge of its
duties. Terms of members are subject to | 2 |
| Section 2A-54 of the Election Code,
except as otherwise limited | 3 |
| by subsection (c) of Section 10-4.
| 4 |
| (Source: P.A. 90-358, eff. 1-1-98; 90-637, eff. 7-24-98; | 5 |
| 90-757, eff.
8-14-98; 91-357, eff. 7-29-99.)
| 6 |
| (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
| 7 |
| Sec. 10-16. Organization of Board. Within 28
7 days after | 8 |
| the consolidated
election, other than the consolidated | 9 |
| elections in 1999 and 2001, the
board shall organize by | 10 |
| electing its officers and fixing a time and place
for the | 11 |
| regular meetings. However, when school board members are | 12 |
| elected at
the consolidated elections held in April of 1999 and | 13 |
| April of 2001, the board
shall organize within 7 days after the | 14 |
| first Tuesday after the first Monday of
November in each such | 15 |
| year by electing officers and setting the time and place
of the | 16 |
| regular meetings. Upon organizing itself as provided in this | 17 |
| paragraph,
the board shall enter upon the discharge of its | 18 |
| duties.
| 19 |
| The regional superintendent of schools having supervision | 20 |
| and control, as
provided in Section 3-14.2, of a new school
| 21 |
| district that is governed by the School Code and formed on or | 22 |
| after the
effective date of this amendatory Act of 1998 shall | 23 |
| convene
the newly elected board within 7 days after the | 24 |
| election of the board of
education of that district, whereupon
| 25 |
| the board
shall proceed to organize by electing one of their | 26 |
| number as
president and
electing a secretary, who may or may | 27 |
| not be a member. At such meeting the
length of term of each of | 28 |
| the members shall be determined by lot so that 4
shall serve | 29 |
| for 4 years, and 3 for 2 years from the commencement of their
| 30 |
| terms; provided, however, if such members were not elected at | 31 |
| the
consolidated election in an odd-numbered year, such initial
| 32 |
| terms shall be
extended to the consolidated election for school | 33 |
| board
members immediately
following the expiration of the |
|
|
|
09300HB0629sam001 |
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| 1 |
| initial 4 or 2 year terms.
The provisions of this paragraph | 2 |
| that relate to the determination of terms by
lot shall not | 3 |
| apply to the initial members of the board of education of a
| 4 |
| combined school district who are to be elected to unstaggered | 5 |
| terms as provided
in subsection (a-5) of Section 11B-7.
| 6 |
| The terms of the
officers of a board of education shall be | 7 |
| for 2 years, except that
the
terms of the officers elected at | 8 |
| the organization meeting in November, 2001
shall expire at the | 9 |
| organization meeting in April, 2003; provided that the
board by | 10 |
| resolution may
establish a policy for the terms of office to be | 11 |
| one year, and provide for
the election of officers.
| 12 |
| Special meetings of the board of education may be called by | 13 |
| the president
or by any 3 members of the board by giving notice | 14 |
| thereof in writing, stating
the time, place and purpose of the | 15 |
| meeting. Such notice may be served by
mail 48 hours before such | 16 |
| meeting or by personal service 24 hours before
such meeting. | 17 |
| Public notice of meetings must also be given as prescribed in
| 18 |
| Sections 2.02 and 2.03 of the Open Meetings Act, as now or | 19 |
| hereafter amended.
| 20 |
| At each regular and special meeting which is open to the | 21 |
| public, members
of the public and employees of the district | 22 |
| shall be afforded time, subject
to reasonable constraints, to | 23 |
| comment to or ask questions of the board.
| 24 |
| The president or district superintendent shall, at each | 25 |
| regular board
meeting, report any requests made of the district | 26 |
| under provisions of The
Freedom of Information Act and shall | 27 |
| report the status of the district's
response.
| 28 |
| (Source: P.A. 90-459, eff. 8-17-97; 90-637, eff. 7-24-98.)
|
|
29 |
| Section 45. The Public Community College Act is amended by | 30 |
| changing Section 3-8 as follows:
| 31 |
| (110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
| 32 |
| Sec. 3-8. Following each election and canvass, the new |
|
|
|
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|
| 1 |
| board shall
hold its organizational meeting on or before the | 2 |
| 28th
14th day after the election,
except that in 1999, 2001, | 3 |
| and 2003 (except District #522) the board shall
organize within | 4 |
| 14 days
after the first Tuesday after the first Monday of | 5 |
| November in each of those 3
years. In 2003 in District #522, | 6 |
| the new board shall hold its organizational
meeting on or | 7 |
| before the 14th day after the consolidated election.
If the | 8 |
| election is the initial election ordered by the regional | 9 |
| superintendent,
the organizational meeting shall be convened | 10 |
| by the regional superintendent,
who shall preside over the | 11 |
| meeting until the election for chairman, vice
chairman and | 12 |
| secretary of board is completed. At all other organizational
| 13 |
| meetings, the chairman of the board, or, in his or her absence, | 14 |
| the president
of the community college or acting chief | 15 |
| executive officer of the college shall
convene the new board, | 16 |
| and conduct the election for chairman, vice chairman and
| 17 |
| secretary. The board shall then proceed with its organization | 18 |
| under the newly
elected board officers, and shall fix a time | 19 |
| and place for its regular
meetings. It shall than enter upon | 20 |
| the discharge of its duties. The terms of
board office shall be | 21 |
| 2 years, except that the board by resolution may
establish a | 22 |
| policy for the terms of office to be one year, and provide for | 23 |
| the
election of officers for the remaining one year period.
| 24 |
| Terms of members are subject to Section 2A-54 of the Election | 25 |
| Code.
| 26 |
| Special meetings of the board may be called by the chairman | 27 |
| or by any
3 members of the board by giving notice thereof in | 28 |
| writing stating the
time, place and purpose of the meeting. | 29 |
| Such notice may be served by
mail 48 hours before the meeting | 30 |
| or by personal service 24 hours before
the meeting.
| 31 |
| At each regular and special meeting which is open to the | 32 |
| public,
members of the public and employees of the community | 33 |
| college district shall
be afforded time, subject to reasonable | 34 |
| constraints, to comment to or ask
questions of the board.
|
|
|
|
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| 1 |
| (Source: P.A. 92-1, eff. 3-30-01.)
|
|
2 |
| Section 50. The Fox Waterway Agency Act is amended by | 3 |
| changing Section 5 as follows:
| 4 |
| (615 ILCS 90/5) (from Ch. 19, par. 1205)
| 5 |
| Sec. 5. The Agency shall be governed by a Board of | 6 |
| Directors, which
shall consist of 6 directors and one chairman | 7 |
| elected pursuant to this Section.
| 8 |
| Three directors shall be elected from within the territory | 9 |
| of each
member county. Any resident
of a member county and the | 10 |
| territory of the Agency, at least 18 years
of age, may become a | 11 |
| candidate for
election as a director by filing a nominating | 12 |
| petition
with the State Board of Elections containing the | 13 |
| verified
signatures of at least 200 of the registered
voters of | 14 |
| such county who reside within the territory of the Agency.
Such | 15 |
| petition shall be filed not more than 78 nor
less than 71 days | 16 |
| prior to the date of election.
| 17 |
| The chairman shall be elected at large from the territory | 18 |
| of the Agency.
Any person eligible to become a candidate for | 19 |
| election as director may become
a candidate for election as | 20 |
| chairman by filing a nominating petition with
the State Board | 21 |
| of Elections containing the
verified signatures of at least 200 | 22 |
| of the
registered voters of each member county who reside | 23 |
| within the territory
of the Agency. Such petition shall be | 24 |
| filed
not more than 78 nor less than 71 days prior to the date | 25 |
| of the election.
| 26 |
| Within
7 days after each consolidated election at which the | 27 |
| chairman is
elected, the county clerk of each member county | 28 |
| shall transmit the returns
for the election to the office of | 29 |
| chairman
to the
State Board of Elections.
The State Board of | 30 |
| Elections shall immediately canvass the returns
and proclaim | 31 |
| the results thereof and shall issue a certificate of election
| 32 |
| to the person so elected.
|
|
|
|
09300HB0629sam001 |
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| 1 |
| Beginning in 1985, the directors and chairman shall be | 2 |
| elected at the
consolidated election and shall serve from the | 3 |
| third
first Monday in May
following their respective elections | 4 |
| until their respective successors are
elected and qualified. | 5 |
| The term of office of a director shall be for 4
years, except | 6 |
| that of the directors elected at the consolidated election of
| 7 |
| 1985, 3 shall serve until the first Monday in May 1987 and 3
| 8 |
| shall serve until the first Monday in May 1989. The term of | 9 |
| office
of a chairman shall be 4 years.
| 10 |
| At least 90 days before the consolidated election of 1985 | 11 |
| the State Board
of Elections shall meet to determine by lot | 12 |
| which 3 director positions
shall be elected for terms to expire | 13 |
| on the first Monday in May 1987 and
which 3 director positions | 14 |
| shall be elected for terms to expire on the
first Monday in May | 15 |
| 1989. At least one director position from each member
county | 16 |
| shall be elected for a term to expire on the first Monday in | 17 |
| May 1987.
| 18 |
| The county clerks of the member counties shall provide | 19 |
| notice of each
election for chairman and director
in the manner | 20 |
| prescribed in Article 12 of The Election Code, with the
notice | 21 |
| of the elections to be held at the consolidated election of | 22 |
| 1985 to
include a statement as to whether the director is to be | 23 |
| elected for a term of
2 years or for a term of 4 years.
| 24 |
| A chairman shall be elected at the consolidated election of | 25 |
| 1985 and at
each consolidated election every 4 years | 26 |
| thereafter. Six directors shall be
elected at the consolidated | 27 |
| election of 1985. At the consolidated election
of 1987, and at | 28 |
| each consolidated election every 4 years thereafter,
directors | 29 |
| shall be elected from the constituencies of the directors who
| 30 |
| were elected at the consolidated election of 1985 and whose | 31 |
| terms expired on
the first Monday in May 1987. At the | 32 |
| consolidated election of 1989, and at
each consolidated | 33 |
| election every 4 years thereafter, directors shall be
elected | 34 |
| from the constituencies of the directors who were elected at |
|
|
|
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|
| 1 |
| the
consolidated election of 1985 and whose terms expired on | 2 |
| the first Monday in May 1989.
| 3 |
| Vacancies in the office of director or chairman shall be | 4 |
| filled by the
remaining members of the Board, who shall appoint | 5 |
| to fill the vacated
office for the remainder of the term of | 6 |
| such office an individual who would
be eligible for election to | 7 |
| such office.
If, however, a vacancy occurs in the office of | 8 |
| chairman or director
with at least 28 months remaining in the | 9 |
| term of such office, the office
shall be filled for the | 10 |
| remainder of the term at the next consolidated
election. Until | 11 |
| the office is filled by election, the remaining members of
the | 12 |
| Board shall appoint a qualified person to the office in the | 13 |
| manner provided
in this Section.
| 14 |
| (Source: P.A. 84-776.)
|
|
15 |
| Section 95. Severability. The provisions of this | 16 |
| amendatory Act of the 93rd General Assembly are severable under | 17 |
| Section 1.31 of the Statute on Statutes.
|
|
18 |
| Section 99. Effective date. This Act takes effect upon |
19 |
| becoming law.".
|