HB0557sam001 99TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 11/15/2016

09900HB0557sam001 LRB099 04400 MLM 51093 a

AMENDMENT TO HOUSE BILL 557

AMENDMENT NO. ______. Amend House Bill 557 by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by changing Sections 2A-1.2 and 2A-48 as follows:

(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)

Sec. 2A-1.2. Consolidated Schedule of Elections - Offices Designated.

(a) At the general election in the appropriate even-numbered years, the following offices shall be filled or shall be on the ballot as otherwise required by this Code:

(1) Elector of President and Vice President of the United States;

(2) United States Senator and United States Representative;

(3) State Executive Branch elected officers;

(4) State Senator and State Representative;

(5) County elected officers, including State's Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive;

(6) Circuit Court Clerk;

(7) Regional Superintendent of Schools, except in counties or educational service regions in which that office has been abolished;

(8) Judges of the Supreme, Appellate and Circuit Courts, on the question of retention, to fill vacancies and newly created judicial offices;

(9) (Blank);

(10) Trustee of the Metropolitan Sanitary District of Chicago, and elected Trustee of other Sanitary Districts;

(11) Special District elected officers, not otherwise designated in this Section, where the statute creating or authorizing the creation of the district requires an annual election and permits or requires election of candidates of political parties.

(b) At the general primary election:

(1) in each even-numbered year candidates of political parties shall be nominated for those offices to be filled at the general election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus.

(2) in the appropriate even-numbered years the political party offices of State central committeeman, township committeeman, ward committeeman, and precinct committeeman shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code. In the even-numbered years in which a Presidential election is to be held, candidates in the Presidential preference primary shall also be on the ballot.

(3) in each even-numbered year, where the municipality has provided for annual elections to elect municipal officers pursuant to Section 6(f) or Section 7 of Article VII of the Constitution, pursuant to the Illinois Municipal Code or pursuant to the municipal charter, the offices of such municipal officers shall be filled at an election held on the date of the general primary election, provided that the municipal election shall be a nonpartisan election where required by the Illinois Municipal Code. For partisan municipal elections in even-numbered years, a primary to nominate candidates for municipal office to be elected at the general primary election shall be held on the Tuesday 6 weeks preceding that election.

(4) in each school district which has adopted the provisions of Article 33 of the School Code, successors to the members of the board of education whose terms expire in the year in which the general primary is held shall be elected.

(5) in 2018, the members of the Chicago Board of Education shall be elected to serve a term of 5 years, subject to runoff elections to be held 60 days after the general primary election; successors shall be elected at the consolidated election under subsection (c) of this Section to a term of 4 years as provided under Section 2A-48. The election of members of the Chicago Board of Education held in 2018 shall be a nonpartisan election as provided for under this Code and conducted on a separate ballot. The elections conducted pursuant to this paragraph (5) shall be conducted in accordance with the federal Voting Rights Act and the Illinois Voting Rights Act of 2011.

(c) At the consolidated election in the appropriate odd-numbered years, the following offices shall be filled:

(1) Municipal officers, provided that in municipalities in which candidates for alderman or other municipal office are not permitted by law to be candidates of political parties, the runoff election where required by law, or the nonpartisan election where required by law, shall be held on the date of the consolidated election; and provided further, in the case of municipal officers provided for by an ordinance providing the form of government of the municipality pursuant to Section 7 of Article VII of the Constitution, such offices shall be filled by election or by runoff election as may be provided by such ordinance;

(2) Village and incorporated town library directors;

(3) City boards of stadium commissioners;

(4) Commissioners of park districts;

(5) Trustees of public library districts;

(6) Special District elected officers, not otherwise designated in this section, where the statute creating or authorizing the creation of the district permits or requires election of candidates of political parties;

(7) Township officers, including township park commissioners, township library directors, and boards of managers of community buildings, and Multi-Township Assessors;

(8) Highway commissioners and road district clerks;

(9) Members of school boards in school districts which adopt Article 33 of the School Code;

(10) The directors and chairman of the Chain O Lakes - Fox River Waterway Management Agency;

(11) Forest preserve district commissioners elected under Section 3.5 of the Downstate Forest Preserve District Act;

(12) Elected members of school boards, school trustees, directors of boards of school directors, trustees of county boards of school trustees (except in counties or educational service regions having a population of 2,000,000 or more inhabitants) and members of boards of school inspectors, except school boards in school districts that adopt Article 33 of the School Code and except as otherwise provided in paragraph (5) of subsection (b) of this Section;

(13) Members of Community College district boards;

(14) Trustees of Fire Protection Districts;

(15) Commissioners of the Springfield Metropolitan Exposition and Auditorium Authority;

(16) Elected Trustees of Tuberculosis Sanitarium Districts;

(17) Elected Officers of special districts not otherwise designated in this Section for which the law governing those districts does not permit candidates of political parties.

(d) At the consolidated primary election in each odd-numbered year, candidates of political parties shall be nominated for those offices to be filled at the consolidated election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus, and except those offices listed in paragraphs (12) through (17) of subsection (c).

At the consolidated primary election in the appropriate odd-numbered years, the mayor, clerk, treasurer, and aldermen shall be elected in municipalities in which candidates for mayor, clerk, treasurer, or alderman are not permitted by law to be candidates of political parties, subject to runoff elections to be held at the consolidated election as may be required by law, and municipal officers shall be nominated in a nonpartisan election in municipalities in which pursuant to law candidates for such office are not permitted to be candidates of political parties.

At the consolidated primary election in the appropriate odd-numbered years, municipal officers shall be nominated or elected, or elected subject to a runoff, as may be provided by an ordinance providing a form of government of the municipality pursuant to Section 7 of Article VII of the Constitution.

(e) (Blank).

(f) At any election established in Section 2A-1.1, public questions may be submitted to voters pursuant to this Code and any special election otherwise required or authorized by law or by court order may be conducted pursuant to this Code.

Notwithstanding the regular dates for election of officers established in this Article, whenever a referendum is held for the establishment of a political subdivision whose officers are to be elected, the initial officers shall be elected at the election at which such referendum is held if otherwise so provided by law. In such cases, the election of the initial officers shall be subject to the referendum.

Notwithstanding the regular dates for election of officials established in this Article, any community college district which becomes effective by operation of law pursuant to Section 6-6.1 of the Public Community College Act, as now or hereafter amended, shall elect the initial district board members at the next regularly scheduled election following the effective date of the new district.

(g) At any election established in Section 2A-1.1, if in any precinct there are no offices or public questions required to be on the ballot under this Code then no election shall be held in the precinct on that date.

(h) There may be conducted a referendum in accordance with the provisions of Division 6-4 of the Counties Code.

(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626, eff. 8-9-96; 90-358, eff. 1-1-98.)

(10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)

Sec. 2A-48. Board of School Directors and Board of Education - Member - Time of Election. A member of a Board of School Directors or a member of an elected Board of Education, as the case may be, shall be elected at each consolidated election to succeed each incumbent member whose term ends before the following consolidated election. However, except as otherwise provided in paragraph (5) of subsection (b) of Section 2A-1.2, a member of the Chicago Board of Education shall be elected at each consolidated primary election, subject to a runoff election to be held at the consolidated election, beginning with the February 2023 election to succeed each incumbent member whose term ends before the following consolidated election. An election for a member of the Chicago Board of Education shall be conducted in accordance with the federal Voting Rights Act and the Illinois Voting Rights Act of 2011.

(Source: P.A. 90-358, eff. 1-1-98.)

Section 10. The School Code is amended by changing Sections 34-3, 34-3.3, 34-4, 34-6, 34-13.1, and 34-21.9 and by adding Sections 34-4.1 and 34-4.2 as follows:

(105 ILCS 5/34-3) (from Ch. 122, par. 34-3)

Sec. 34-3. Chicago School Reform Board of Trustees; new Chicago Board of Education; members; term; vacancies.

(a) Within 30 days after the effective date of this amendatory Act of 1995, the terms of all members of the Chicago Board of Education holding office on that date are abolished and the Mayor shall appoint, without the consent or approval of the City Council, a 5 member Chicago School Reform Board of Trustees which shall take office upon the appointment of the fifth member. The Chicago School Reform Board of Trustees and its members shall serve until, and the terms of all members of the Chicago School Reform Board of Trustees shall expire on, June 30, 1999 or upon the appointment of a new Chicago Board of Education as provided in subsection (b), whichever is later. Any vacancy in the membership of the Trustees shall be filled through appointment by the Mayor, without the consent or approval of the City Council, for the unexpired term. One of the members appointed by the Mayor to the Trustees shall be designated by the Mayor to serve as President of the Trustees. The Mayor shall appoint a full-time, compensated chief executive officer, and his or her compensation as such chief executive officer shall be determined by the Mayor. The Mayor, at his or her discretion, may appoint the President to serve simultaneously as the chief executive officer.

(b) This subsection (b) applies until March 20, 2018. Within 30 days before the expiration of the terms of the members of the Chicago Reform Board of Trustees as provided in subsection (a), a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor to take office on the later of July 1, 1999 or the appointment of the seventh member. Three of the members initially so appointed under this subsection shall serve for terms ending June 30, 2002, 4 of the members initially so appointed under this subsection shall serve for terms ending June 30, 2003, and each member initially so appointed shall continue to hold office until his or her successor is appointed and qualified. Thereafter at the expiration of the term of any member a successor shall be appointed by the Mayor and shall hold office for a term of 4 years, from July 1 of the year in which the term commences and until a successor is appointed and qualified. Any vacancy in the membership of the Chicago Board of Education shall be filled through appointment by the Mayor for the unexpired term. No appointment to membership on the Chicago Board of Education that is made by the Mayor under this subsection shall require the approval of the City Council, whether the appointment is made for a full term or to fill a vacancy for an unexpired term on the Board. The terms of all members of the Chicago Board of Education appointed under this subsection (b) shall terminate on March 20, 2018.

(b-5) On March 21, 2018, a new Chicago Board of Education, consisting of 15 members, shall be elected by the electors of the school district as provided in this subsection (b-5)

Each member shall be elected for a term of 4 years, commencing on the second Tuesday in May of the year in which the member is elected, and until the member's successor is elected and has qualified, except that members of the board elected to terms commencing on March 21, 2018 shall serve for terms of 5 years and until the member's successor is elected and has qualified. For purposes of elections conducted under this subsection (b-5), the City of Chicago shall be subdivided into 14 electoral districts by the General Assembly for seats on the Chicago Board of Education, as provided under Section 34-21.9 of this Code. Each district shall be represented by a member, and one member shall be elected at large and serve as the president of the board.

Within 28 days after each member enters office, the board shall organize by electing its vice president and fixing a time and place for the regular meetings. No less than a majority of the board's regular meetings shall take place after regular business hours in order to maximize community participation. Upon organizing itself as provided in this subsection (b-5), the board shall enter upon the discharge of its duties.

Whenever a vacancy in the board occurs, the remaining members of the board shall notify the Mayor of that vacancy within 5 days after its occurrence and shall proceed to fill the vacancy until the next board election, at which election a successor shall be elected to serve the remainder of the unexpired term. However, if the vacancy occurs with less than 28 months remaining in the term or if the vacancy occurs less than 88 days before the next board election, then the person so appointed shall serve the remainder of the unexpired term, and no election to fill the vacancy shall be held. The successor shall have the same residential and other qualifications as his or her predecessor. Should the remaining board members fail to act within 45 days after the vacancy occurs, the Mayor shall, within 30 days after the remaining members have failed to fill the vacancy, fill the vacancy as provided for in this Section. Upon the Mayor's failure to fill the vacancy, the vacancy shall be filled at the next board election. The successor shall have the same residential and other qualifications as his or her predecessor.

(b-10) The board shall elect annually from its number a president and vice-president, in such manner and at such time as the board determines by its rules. The president elected by the voters and vice-president elected by the board officers so elected shall each perform the duties imposed upon his or her their respective office by the rules of the board, provided that (i) the president shall preside at meetings of the board and vote as any other member but have no power of veto, and (ii) the vice president shall perform the duties of the president if that office is vacant or the president is absent or unable to act. The secretary of the board Board shall be selected by the board Board and shall be an employee of the board Board rather than a member of the board Board, notwithstanding subsection (d) of Section 34-3.3. The duties of the secretary shall be imposed by the rules of the board Board.

(b-15) No member shall have, or be an employee or owner of a company that has, a contract with the school district. No former officer, member, or employee of the board shall, within a period of one year immediately after termination of service on the board, knowingly accept employment or receive compensation or fees for services from a person or entity if the officer, member, or employee, during the year immediately preceding termination of service on the board, participated personally and substantially in the award of contracts with the board or the school district, or the issuance of contract change orders with the board or the school district, with a cumulative value of $25,000 or more to the person or entity, or its parent or subsidiary.

(c) The board may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.

(Source: P.A. 94-231, eff. 7-14-05.)

(105 ILCS 5/34-3.3)

Sec. 34-3.3. Chicago School Reform Board of Trustees; powers and duties; chief operating, fiscal, educational, and purchasing officers. The General Assembly finds that an education crisis exists in the Chicago Public Schools and that a 5-member Chicago School Reform Board of Trustees shall be established for a 4 year period to bring educational and financial stability to the system. The Trustees and their chief executive officer are empowered and directed to: (i) increase the quality of educational services in the Chicago Public Schools; (ii) reduce the cost of non-educational services and implement cost-saving measures including the privatization of services where deemed appropriate; (iii) develop a long-term financial plan that to the maximum extent possible reflects a balanced budget for each year; (iv) streamline and strengthen the management of the system, including a responsible school-based budgeting process, in order to refocus resources on student achievement; (v) ensure ongoing academic improvement in schools through the establishment of an Academic Accountability Council and a strong school improvement and recognition process; (vi) enact policies and procedures that ensure the system runs in an ethical as well as efficient manner; (vii) establish within 60 days after the effective date of this amendatory Act of 1995, develop, and implement a process for the selection of a local school council advisory board for the Trustees in which those individuals active on Local School Councils serve an advisory role to the Trustees; (viii) establish any organizational structures, including regional offices, that it deems necessary to ensure the efficient and effective operation of the system; and (ix) provide for such other local school council advisory bodies as the Trustees deem appropriate to function in an advisory capacity to any other organizations or offices established by the Trustees under clause (viii) of this Section.

(a) Unless otherwise provided in this Article, the Trustees shall have all powers and duties exercised and performed by the Chicago Board of Education at the time the terms of its members are abolished as provided in subsection (a) of Section 34-3.

(b) The Mayor shall appoint a chief executive officer who shall be a person of recognized administrative ability and management experience, who shall be responsible for the management of the system, and who shall have all other powers and duties of the general superintendent as set forth in this Article 34. The chief executive officer shall make recommendations to the Trustees with respect to contracts, policies, and procedures.

(c) The chief executive officer shall appoint, with the approval of the Trustees, a chief operating officer, a chief fiscal officer, a chief educational officer, and a chief purchasing officer to serve until June 30, 1999. These officers shall be assigned duties and responsibilities by the chief executive officer. The chief operating officer, the chief fiscal officer, the chief educational officer, and the chief purchasing officer may be granted authority to hire a specific number of employees to assist in meeting immediate responsibilities. The chief executive officer may remove any officer, subject to the approval of the Trustees. Conditions of employment for such personnel shall not be subject to the provisions of Section 34-85.

(d) Upon the expiration on June 30, 1999 of the terms of office of the chief executive, operating, fiscal, educational, and purchasing officers appointed under this Section and the appointment of a new Chicago Board of Education under subsection (b) of Section 34-3, the board may retain, reorganize, or abolish any or all of those offices and appoint qualified successors to fill any of those offices that it does not abolish. However, chief executive officer appointed under this subsection (d) shall serve until the Chicago Board of Education elected pursuant to subsection (b-5) of Section 34-3 appoints a new general superintendent pursuant to subsection (b) of Section 34-6.

(e) The Trustees shall report to the State Superintendent of Education with respect to its performance, the nature of the reforms which it has instituted, the effect those reforms have had in the operation of the central administrative office and in the performance of pupils, staff, and members of the local school councils at the several attendance centers within the district, and such other matters as the Trustees deem necessary to help assure continuing improvement in the public school system of the district. The reports shall be public documents and shall be made annually, beginning with the school year that commences in 1995 and concluding in the school year beginning in 1999.

(Source: P.A. 89-15, eff. 5-30-95.)

(105 ILCS 5/34-4) (from Ch. 122, par. 34-4)

Sec. 34-4. Eligibility.

(a) To be eligible for election appointment to the board, a person shall be a citizen of the United States, shall be a registered voter as provided in the Election Code, shall have been a resident of the city and the electoral district for at least 2 years 3 years immediately preceding his or her election appointment, and shall not be a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012. A person is ineligible for election or appointment to the board if that person is an employee of the school district. All persons eligible for election to the board shall be nominated by a petition signed by no less than 500 voters residing within the electoral district on a petition in order to be placed on the ballot, except that persons eligible for election to the board at large shall be nominated by a petition signed by no less than 2,500 voters residing within the city.

Permanent removal from the city by any member of the board during his or her term of office constitutes a resignation therefrom and creates a vacancy in the board. Board Except for the President of the Chicago School Reform Board of Trustees who may be paid compensation for his or her services as chief executive officer as determined by the Mayor as provided in subsection (a) of Section 34-3, board members shall serve without any compensation; provided, that board members shall be reimbursed for expenses incurred while in the performance of their duties upon submission of proper receipts or upon submission of a signed voucher in the case of an expense allowance evidencing the amount of such reimbursement or allowance to the president of the board for verification and approval. Board members The board of education may continue to provide health care insurance coverage, employer pension contributions, employee pension contributions, and life insurance premium payments for an employee required to resign from an administrative, teaching, or career service position in order to qualify as a member of the board of education. They shall not hold other public office under the Federal, State or any local government other than that of Director of the Regional Transportation Authority, member of the economic development commission of a city having a population exceeding 500,000, notary public or member of the National Guard, and by accepting any such office while members of the board, or by not resigning any such office held at the time of being elected appointed to the board within 30 days after such election appointment, shall be deemed to have vacated their membership in the board.

(Source: P.A. 97-1150, eff. 1-25-13.)

(105 ILCS 5/34-4.1 new)

Sec. 34-4.1. Nomination petitions. In addition to the requirements of the general election law, the form of petitions under Section 34-4 of this Code shall be substantially as follows:

NOMINATING PETITIONS

(LEAVE OUT THE INAPPLICABLE PART)

To the Board of Election Commissioners for the City of Chicago:

We the undersigned, being (.... or more) of the voters residing within said district, hereby petition that .... who resides at .... in the City of Chicago shall be a candidate for the office of .... of the board of education (full term) (vacancy) to be voted for at the election to be held on (insert date).

Name: .................. Address: ...................

In the designation of the name of a candidate on a petition for nomination, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof may be used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition, then (i) the candidate's name on the petition must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in clause (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage to assume a spouse's surname, or dissolution of marriage or declaration of invalidity of marriage to assume a former surname. No other designation, such as a political slogan, as defined by Section 7-17 of the Election Code, title or degree, or nickname suggesting or implying possession of a title, degree or professional status, or similar information may be used in connection with the candidate's surname.

All petitions for the nomination of members of a board of education shall be filed with the board of election commissioners of the jurisdiction in which the principal office of the school district is located within the time provided for by the general election law, except that petitions for the nomination of members of the board of education for the March 20, 2018 election shall be prepared and certified on the same schedule as the petition schedule for the candidates for the General Assembly. The board of election commissioners shall receive and file only those petitions that include a statement of candidacy, the required number of voter signatures, the notarized signature of the petition circulator, and a receipt from the County Clerk showing that the candidate has filed a statement of economic interest on or before the last day to file as required by the Illinois Governmental Ethics Act. The board of election commissioners may have petition forms available for issuance to potential candidates and may give notice of the petition filing period by publication in a newspaper of general circulation within the school district not less than 10 days prior to the first day of filing. The board of election commissioners shall make certification to the proper election authorities in accordance with the general election law.

The board of election commissioners of the jurisdiction in which the principal office of the school district is located shall notify the candidates for whom a petition for nomination is filed or the appropriate committee of the obligations under the Campaign Financing Act as provided in the general election law. Such notice shall be given on a form prescribed by the State Board of Elections and in accordance with the requirements of the general election law. The board of election commissioners shall within 7 days of filing or on the last day for filing, whichever is earlier, acknowledge to the petitioner in writing the office's acceptance of the petition.

A candidate for membership on the board of education who has petitioned for nomination to fill a full term and to fill a vacant term to be voted upon at the same election must withdraw his or her petition for nomination from either the full term or the vacant term by written declaration.

Nomination petitions are not valid unless the candidate named therein files with the board of election commissioners a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such receipt shall be so filed either previously during the calendar year in which his or her nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law.

(105 ILCS 5/34-4.2 new)

Sec. 34-4.2. Ballots. The board of election commissioners of the jurisdiction in which the principal office of the school district is located shall conduct a lottery to determine the ballot order of candidates for full terms in the event of any simultaneous petition filings. Such candidate lottery shall be conducted as follows:

All petitions filed by persons waiting in line as of 8:00 a.m. on the first day for filing, or as of the normal opening hour of the office involved on such day, shall be deemed simultaneously filed as of 8:00 a.m. or the normal opening hour, as the case may be. Petitions filed by mail and received after midnight of the first day for filing and in the first mail delivery or pickup of that day shall be deemed simultaneously filed as of 8:00 a.m. of that day or as of the normal opening hour of such day, as the case may be. All petitions received thereafter shall be deemed filed in the order of actual receipt. However, 2 or more petitions filed within the last hour of the filing deadline shall be deemed filed simultaneously.

Where 2 or more petitions are received simultaneously for the same office as of 8:00 a.m. on the first day for petition filing or as of the normal opening hour of the office of the board of election commissioners with whom such petitions are filed, the board of election commissioners shall break ties and determine the order of filing by means of a lottery or other fair and impartial method of random selection. Such lottery shall be conducted within 9 days following the last day for petition filing and shall be open to the public. Seven days written notice of the time and place of conducting such random selection shall be given by the board of election commissioners to all candidates who filed their petitions simultaneously and to each organization of citizens within the election jurisdiction that was entitled, under the general election law, at the next preceding election, to have poll watchers present on the day of election. The board of election commissioners shall post in a conspicuous, open, and public place, at the entrance of his or her office, notice of the time and place of such lottery.

All candidates shall be certified in the order in which their petitions have been filed and in the manner prescribed by Section 10-15 of the Election Code. Where candidates have filed simultaneously, they shall be certified in the order prescribed by this Section and prior to candidates who filed for the same office at a later time.

Where elections are conducted for unexpired terms, a second lottery to determine ballot order shall be conducted for candidates who simultaneously file petitions for such unexpired terms. Such lottery shall be conducted in the same manner as prescribed by this Section for full term candidates.

Ballots for the election of school officers shall be in the following form:

(BALLOT FORMAT

Ballot position for candidates shall be determined by the order of petition filing or lottery held pursuant to this Section.

The school district is divided into 20 electoral districts, each of which elects one member to the board of education and votes on one member to serve at-large.)

OFFICIAL BALLOT

DISTRICT ....... (1 through 14)

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR ONE

( ) .....................................

( ) .....................................

( ) .....................................

OFFICIAL BALLOT

AT LARGE

FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE

A FULL 4-YEAR TERM

VOTE FOR ONE

( ) .....................................

( ) .....................................

( ) .....................................

REVERSE SIDE:

OFFICIAL BALLOT

DISTRICT ....... (1 through 14)

(Precinct name or number)

School District No. ......, ........... County, Illinois

Election Tuesday (insert date)

(facsimile signature of Election Authority)

(County)

(105 ILCS 5/34-6) (from Ch. 122, par. 34-6)

Sec. 34-6. Superintendent of schools.

(a) After June 30, 1999, the board may, by a vote of a majority of its full membership, appoint a general superintendent of schools to serve pursuant to a performance-based contract for a term ending on June 30th of the third calendar year after his or her appointment. He shall be the chief administrative officer of the board and shall have charge and control, subject to the approval of the board and to other provisions of this Article, of all departments and the employees therein of public schools, except the law department. He shall negotiate contracts with all labor organizations which are exclusive representatives of educational employees employed under the Illinois Educational Labor Relations Act. All contracts shall be subject to approval of the Board of Education. The board may conduct a national search for a general superintendent. An incumbent general superintendent may not be precluded from being included in such national search. Persons appointed pursuant to this Section shall be exempt from the provisions and requirements of Sections 21-1a, 21-7.1, and 21B-15 of this Code.

(b) After the Board of Education is elected pursuant to subsection (b-5) of Section 34-3, the Board of Education shall appoint a new general superintendent of schools that shall assume the powers and duties of the chief executive officer in addition to any other powers and duties conferred to the superintendent under this Code.

(Source: P.A. 97-607, eff. 8-26-11.)

(105 ILCS 5/34-13.1)

Sec. 34-13.1. Inspector General.

(a) The Inspector General and his office in existence on the effective date of this amendatory Act of 1995 shall be transferred to the jurisdiction of the board upon appointment of the Chicago School Reform Board of Trustees. The Inspector General shall have the authority to conduct investigations into allegations of or incidents of waste, fraud, and financial mismanagement in public education within the jurisdiction of the board by a local school council member or an employee, contractor, or member of the board or involving school projects managed or handled by the Public Building Commission. The Inspector General shall make recommendations to the board about the investigations. The Inspector General in office on the effective date of this amendatory Act of 1996 shall serve for a term expiring on June 30, 1998. His or her successors in office shall each be appointed by the Mayor, without the consent or approval of the City Council, for 4 year terms expiring on June 30th of an even numbered year; however, beginning on March 21, 2018, successors shall be appointed by the board instead of the Mayor. If the Inspector General leaves office or if a vacancy in that office otherwise occurs, the Mayor shall appoint, without the consent or approval of the City Council, a successor to serve under this Section for the remainder of the unexpired term; however, beginning on March 21, 2018, successors shall be appointed by the board instead of the Mayor. The Inspector General shall be independent of the operations of the board and the School Finance Authority, and shall perform other duties requested by the board.

(b) The Inspector General shall have access to all information and personnel necessary to perform the duties of the office. If the Inspector General determines that a possible criminal act has been committed or that special expertise is required in the investigation, he or she shall immediately notify the Chicago Police Department and the Cook County State's Attorney. All investigations conducted by the Inspector General shall be conducted in a manner that ensures the preservation of evidence for use in criminal prosecutions.

(c) At all times the Inspector General shall be granted access to any building or facility that is owned, operated, or leased by the board, the Public Building Commission, or the city in trust and for the use and benefit of the schools of the district.

(d) The Inspector General shall have the power to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Code. Any person who (1) fails to appear in response to a subpoena; (2) fails to answer any question; (3) fails to produce any books or papers pertinent to an investigation under this Code; or (4) knowingly gives false testimony during an investigation under this Code, is guilty of a Class A misdemeanor.

(e) The Inspector General shall provide to the board and the Illinois General Assembly a summary of reports and investigations made under this Section for the previous fiscal year no later than January 1 of each year, except that the Inspector General shall provide the summary of reports and investigations made under this Section for the period commencing July 1, 1998 and ending April 30, 1999 no later than May 1, 1999. The summaries shall detail the final disposition of those recommendations. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The summaries shall also include detailed recommended administrative actions and matters for consideration by the General Assembly.

(f) (Blank).

(g) (Blank).

(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)

(105 ILCS 5/34-21.9 new)

Sec. 34-21.9. Creation of electoral districts; reapportionment of districts.

(a) For purposes of elections conducted pursuant to subsection (b-5) of Section 34-3, the City of Chicago shall be subdivided into 14 electoral districts after the effective date of this amendatory Act of the 99th General Assembly by the General Assembly for seats on the Chicago Board of Education. The electoral districts must be drawn on or before January 1, 2017. Each district must be compact, contiguous, and substantially equal in population.

(b) In the year following each decennial census, the General Assembly shall redistrict the electoral districts to reflect the results of the decennial census consistent with the requirements in subsection (a) of this Section. The reapportionment plan shall be completed and formally approved by the General Assembly not less than 90 days before the last date established by law for the filing of nominating petitions for the second school board election after the decennial census year. If by reapportionment a board member no longer resides within the electoral district from which the member was elected, the member shall continue to serve in office until the expiration of the member's regular term. All new members shall be elected from the electoral districts as reapportioned.

(c) Creation of districts and reapportionment under this Section shall be conducted in accordance with the federal Voting Rights Act and the Illinois Voting Rights Act of 2011.

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