Sen. Lawrence M. Walsh

Filed: 7/19/2004

 

 


 
 

 


 
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1
AMENDMENT TO HOUSE BILL 629

2     AMENDMENT NO. ____. Amend House Bill 629 by replacing
3 everything after the enacting clause with the following:
4     "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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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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1 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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1 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.
7     Each applicant for registration shall make an affidavit in
8 substantially the following form:
9
AFFIDAVIT OF REGISTRATION
10 STATE OF ILLINOIS
11 COUNTY OF .......
12     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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1 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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1 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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1 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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1     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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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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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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1 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.

 

 

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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

 

 

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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

 

 

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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)

 

 

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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

 

 

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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

 

 

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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

 

 

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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:

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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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1 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

 

 

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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

 

 

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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.

 

 

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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.".