Illinois General Assembly - Full Text of SB4180
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Full Text of SB4180  102nd General Assembly

SB4180 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4180

 

Introduced 2/23/2022, by Sen. Terri Bryant

 

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

    Amends the Election Code and the School Code. Provides for 5 new members of the State Board of Education to be elected at the general election in 2024 and every 4 years thereafter (now, the Board consists of 8 members appointed by the Governor with the advice and consent of the Senate). Provides that one member shall be elected from each judicial district. Provides that the 5 members shall be elected on a non partisan basis. Provides that a petition for nomination of a candidate for member of the Board shall be signed by at least 0.5% of the total number of registered voters in the judicial district. Provides that beginning on the date when the 5 members initially elected take office, a majority of the Board shall constitute a quorum. Makes related changes.


LRB102 23728 NLB 32917 b

 

 

A BILL FOR

 

SB4180LRB102 23728 NLB 32917 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 2A-1.2, 10-6, 10-9, 22-1, and 22-7 and by adding
6Section 2A-56 as follows:
 
7    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
8    (Text of Section before amendment by P.A. 102-177)
9    Sec. 2A-1.2. Consolidated schedule of elections; offices
10designated.
11    (a) At the general election in the appropriate
12even-numbered years, the following offices shall be filled or
13shall be on the ballot as otherwise required by this Code:
14        (1) Elector of President and Vice President of the
15    United States;
16        (2) United States Senator and United States
17    Representative;
18        (3) State Executive Branch elected officers;
19        (4) State Senator and State Representative;
20        (5) County elected officers, including State's
21    Attorney, County Board member, County Commissioners, and
22    elected President of the County Board or County Chief
23    Executive;

 

 

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1        (6) Circuit Court Clerk;
2        (7) Regional Superintendent of Schools, except in
3    counties or educational service regions in which that
4    office has been abolished;
5        (8) Judges of the Supreme, Appellate and Circuit
6    Courts, on the question of retention, to fill vacancies
7    and newly created judicial offices;
8        (9) (Blank);
9        (10) Trustee of the Metropolitan Water Reclamation
10    District of Greater Chicago, and elected Trustee of other
11    Sanitary Districts;
12        (11) Special District elected officers, not otherwise
13    designated in this Section, where the statute creating or
14    authorizing the creation of the district requires an
15    annual election and permits or requires election of
16    candidates of political parties.
17    (b) At the general primary election:
18        (1) in each even-numbered year candidates of political
19    parties shall be nominated for those offices to be filled
20    at the general election in that year, except where
21    pursuant to law nomination of candidates of political
22    parties is made by caucus.
23        (2) in the appropriate even-numbered years the
24    political party offices of State central committeeperson,
25    township committeeperson, ward committeeperson, and
26    precinct committeeperson shall be filled and delegates and

 

 

SB4180- 3 -LRB102 23728 NLB 32917 b

1    alternate delegates to the National nominating conventions
2    shall be elected as may be required pursuant to this Code.
3    In the even-numbered years in which a Presidential
4    election is to be held, candidates in the Presidential
5    preference primary shall also be on the ballot.
6        (3) in each even-numbered year, where the municipality
7    has provided for annual elections to elect municipal
8    officers pursuant to Section 6(f) or Section 7 of Article
9    VII of the Constitution, pursuant to the Illinois
10    Municipal Code or pursuant to the municipal charter, the
11    offices of such municipal officers shall be filled at an
12    election held on the date of the general primary election,
13    provided that the municipal election shall be a
14    nonpartisan election where required by the Illinois
15    Municipal Code. For partisan municipal elections in
16    even-numbered years, a primary to nominate candidates for
17    municipal office to be elected at the general primary
18    election shall be held on the Tuesday 6 weeks preceding
19    that election.
20        (4) in each school district which has adopted the
21    provisions of Article 33 of the School Code, successors to
22    the members of the board of education whose terms expire
23    in the year in which the general primary is held shall be
24    elected.
25    (c) At the consolidated election in the appropriate
26odd-numbered years, the following offices shall be filled:

 

 

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1        (1) Municipal officers, provided that in
2    municipalities in which candidates for alderperson or
3    other municipal office are not permitted by law to be
4    candidates of political parties, the runoff election where
5    required by law, or the nonpartisan election where
6    required by law, shall be held on the date of the
7    consolidated election; and provided further, in the case
8    of municipal officers provided for by an ordinance
9    providing the form of government of the municipality
10    pursuant to Section 7 of Article VII of the Constitution,
11    such offices shall be filled by election or by runoff
12    election as may be provided by such ordinance;
13        (2) Village and incorporated town library directors;
14        (3) City boards of stadium commissioners;
15        (4) Commissioners of park districts;
16        (5) Trustees of public library districts;
17        (6) Special District elected officers, not otherwise
18    designated in this Section, where the statute creating or
19    authorizing the creation of the district permits or
20    requires election of candidates of political parties;
21        (7) Township officers, including township park
22    commissioners, township library directors, and boards of
23    managers of community buildings, and Multi-Township
24    Assessors;
25        (8) Highway commissioners and road district clerks;
26        (9) Members of school boards in school districts which

 

 

SB4180- 5 -LRB102 23728 NLB 32917 b

1    adopt Article 33 of the School Code;
2        (10) The directors and chair of the Chain O Lakes - Fox
3    River Waterway Management Agency;
4        (11) Forest preserve district commissioners elected
5    under Section 3.5 of the Downstate Forest Preserve
6    District Act;
7        (12) Elected members of school boards, school
8    trustees, directors of boards of school directors,
9    trustees of county boards of school trustees (except in
10    counties or educational service regions having a
11    population of 2,000,000 or more inhabitants) and members
12    of boards of school inspectors, except school boards in
13    school districts that adopt Article 33 of the School Code;
14        (13) Members of Community College district boards;
15        (14) Trustees of Fire Protection Districts;
16        (15) Commissioners of the Springfield Metropolitan
17    Exposition and Auditorium Authority;
18        (16) Elected Trustees of Tuberculosis Sanitarium
19    Districts;
20        (17) Elected Officers of special districts not
21    otherwise designated in this Section for which the law
22    governing those districts does not permit candidates of
23    political parties.
24    (d) At the consolidated primary election in each
25odd-numbered year, candidates of political parties shall be
26nominated for those offices to be filled at the consolidated

 

 

SB4180- 6 -LRB102 23728 NLB 32917 b

1election in that year, except where pursuant to law nomination
2of candidates of political parties is made by caucus, and
3except those offices listed in paragraphs (12) through (17) of
4subsection (c).
5    At the consolidated primary election in the appropriate
6odd-numbered years, the mayor, clerk, treasurer, and
7alderpersons shall be elected in municipalities in which
8candidates for mayor, clerk, treasurer, or alderperson are not
9permitted by law to be candidates of political parties,
10subject to runoff elections to be held at the consolidated
11election as may be required by law, and municipal officers
12shall be nominated in a nonpartisan election in municipalities
13in which pursuant to law candidates for such office are not
14permitted to be candidates of political parties.
15    At the consolidated primary election in the appropriate
16odd-numbered years, municipal officers shall be nominated or
17elected, or elected subject to a runoff, as may be provided by
18an ordinance providing a form of government of the
19municipality pursuant to Section 7 of Article VII of the
20Constitution.
21    (e) (Blank).
22    (f) At any election established in Section 2A-1.1, public
23questions may be submitted to voters pursuant to this Code and
24any special election otherwise required or authorized by law
25or by court order may be conducted pursuant to this Code.
26    Notwithstanding the regular dates for election of officers

 

 

SB4180- 7 -LRB102 23728 NLB 32917 b

1established in this Article, whenever a referendum is held for
2the establishment of a political subdivision whose officers
3are to be elected, the initial officers shall be elected at the
4election at which such referendum is held if otherwise so
5provided by law. In such cases, the election of the initial
6officers shall be subject to the referendum.
7    Notwithstanding the regular dates for election of
8officials established in this Article, any community college
9district which becomes effective by operation of law pursuant
10to Section 6-6.1 of the Public Community College Act, as now or
11hereafter amended, shall elect the initial district board
12members at the next regularly scheduled election following the
13effective date of the new district.
14    (g) At any election established in Section 2A-1.1, if in
15any precinct there are no offices or public questions required
16to be on the ballot under this Code then no election shall be
17held in the precinct on that date.
18    (h) There may be conducted a referendum in accordance with
19the provisions of Division 6-4 of the Counties Code.
20(Source: P.A. 102-15, eff. 6-17-21; 102-558, eff. 8-20-21.)
 
21    (Text of Section after amendment by P.A. 102-177)
22    Sec. 2A-1.2. Consolidated schedule of elections; offices
23designated.
24    (a) At the general election in the appropriate
25even-numbered years, the following offices shall be filled or

 

 

SB4180- 8 -LRB102 23728 NLB 32917 b

1shall be on the ballot as otherwise required by this Code:
2        (1) Elector of President and Vice President of the
3    United States.
4        (2) United States Senator and United States
5    Representative.
6        (3) State Executive Branch elected officers.
7        (4) State Senator and State Representative.
8        (5) County elected officers, including State's
9    Attorney, County Board member, County Commissioners, and
10    elected President of the County Board or County Chief
11    Executive.
12        (6) Circuit Court Clerk.
13        (7) Regional Superintendent of Schools, except in
14    counties or educational service regions in which that
15    office has been abolished.
16        (8) Judges of the Supreme, Appellate and Circuit
17    Courts, on the question of retention, to fill vacancies
18    and newly created judicial offices.
19        (9) (Blank).
20        (10) Trustee of the Metropolitan Water Reclamation
21    District of Greater Chicago, and elected Trustee of other
22    Sanitary Districts.
23        (11) Special District elected officers, not otherwise
24    designated in this Section, where the statute creating or
25    authorizing the creation of the district requires an
26    annual election and permits or requires election of

 

 

SB4180- 9 -LRB102 23728 NLB 32917 b

1    candidates of political parties.
2        (12) Beginning with the 2024 general election, the
3    elected members of the Chicago Board of Education; the
4    election of members of the Chicago Board of Education
5    shall be a nonpartisan election as provided for under this
6    Code and may be conducted on a separate ballot.
7        (13) Beginning on November 5, 2024, 5 members of the
8    State Board of Education.
9    (b) At the general primary election:
10        (1) in each even-numbered year candidates of political
11    parties shall be nominated for those offices to be filled
12    at the general election in that year, except where
13    pursuant to law nomination of candidates of political
14    parties is made by caucus.
15        (2) in the appropriate even-numbered years the
16    political party offices of State central committeeperson,
17    township committeeperson, ward committeeperson, and
18    precinct committeeperson shall be filled and delegates and
19    alternate delegates to the National nominating conventions
20    shall be elected as may be required pursuant to this Code.
21    In the even-numbered years in which a Presidential
22    election is to be held, candidates in the Presidential
23    preference primary shall also be on the ballot.
24        (3) in each even-numbered year, where the municipality
25    has provided for annual elections to elect municipal
26    officers pursuant to Section 6(f) or Section 7 of Article

 

 

SB4180- 10 -LRB102 23728 NLB 32917 b

1    VII of the Constitution, pursuant to the Illinois
2    Municipal Code or pursuant to the municipal charter, the
3    offices of such municipal officers shall be filled at an
4    election held on the date of the general primary election,
5    provided that the municipal election shall be a
6    nonpartisan election where required by the Illinois
7    Municipal Code. For partisan municipal elections in
8    even-numbered years, a primary to nominate candidates for
9    municipal office to be elected at the general primary
10    election shall be held on the Tuesday 6 weeks preceding
11    that election.
12        (4) in each school district which has adopted the
13    provisions of Article 33 of the School Code, successors to
14    the members of the board of education whose terms expire
15    in the year in which the general primary is held shall be
16    elected.
17    (c) At the consolidated election in the appropriate
18odd-numbered years, the following offices shall be filled:
19        (1) Municipal officers, provided that in
20    municipalities in which candidates for alderperson or
21    other municipal office are not permitted by law to be
22    candidates of political parties, the runoff election where
23    required by law, or the nonpartisan election where
24    required by law, shall be held on the date of the
25    consolidated election; and provided further, in the case
26    of municipal officers provided for by an ordinance

 

 

SB4180- 11 -LRB102 23728 NLB 32917 b

1    providing the form of government of the municipality
2    pursuant to Section 7 of Article VII of the Constitution,
3    such offices shall be filled by election or by runoff
4    election as may be provided by such ordinance;
5        (2) Village and incorporated town library directors;
6        (3) City boards of stadium commissioners;
7        (4) Commissioners of park districts;
8        (5) Trustees of public library districts;
9        (6) Special District elected officers, not otherwise
10    designated in this Section, where the statute creating or
11    authorizing the creation of the district permits or
12    requires election of candidates of political parties;
13        (7) Township officers, including township park
14    commissioners, township library directors, and boards of
15    managers of community buildings, and Multi-Township
16    Assessors;
17        (8) Highway commissioners and road district clerks;
18        (9) Members of school boards in school districts which
19    adopt Article 33 of the School Code;
20        (10) The directors and chair of the Chain O Lakes - Fox
21    River Waterway Management Agency;
22        (11) Forest preserve district commissioners elected
23    under Section 3.5 of the Downstate Forest Preserve
24    District Act;
25        (12) Elected members of school boards, school
26    trustees, directors of boards of school directors,

 

 

SB4180- 12 -LRB102 23728 NLB 32917 b

1    trustees of county boards of school trustees (except in
2    counties or educational service regions having a
3    population of 2,000,000 or more inhabitants) and members
4    of boards of school inspectors, except school boards in
5    school districts that adopt Article 33 of the School Code;
6        (13) Members of Community College district boards;
7        (14) Trustees of Fire Protection Districts;
8        (15) Commissioners of the Springfield Metropolitan
9    Exposition and Auditorium Authority;
10        (16) Elected Trustees of Tuberculosis Sanitarium
11    Districts;
12        (17) Elected Officers of special districts not
13    otherwise designated in this Section for which the law
14    governing those districts does not permit candidates of
15    political parties.
16    (d) At the consolidated primary election in each
17odd-numbered year, candidates of political parties shall be
18nominated for those offices to be filled at the consolidated
19election in that year, except where pursuant to law nomination
20of candidates of political parties is made by caucus, and
21except those offices listed in paragraphs (12) through (17) of
22subsection (c).
23    At the consolidated primary election in the appropriate
24odd-numbered years, the mayor, clerk, treasurer, and
25alderpersons shall be elected in municipalities in which
26candidates for mayor, clerk, treasurer, or alderperson are not

 

 

SB4180- 13 -LRB102 23728 NLB 32917 b

1permitted by law to be candidates of political parties,
2subject to runoff elections to be held at the consolidated
3election as may be required by law, and municipal officers
4shall be nominated in a nonpartisan election in municipalities
5in which pursuant to law candidates for such office are not
6permitted to be candidates of political parties.
7    At the consolidated primary election in the appropriate
8odd-numbered years, municipal officers shall be nominated or
9elected, or elected subject to a runoff, as may be provided by
10an ordinance providing a form of government of the
11municipality pursuant to Section 7 of Article VII of the
12Constitution.
13    (e) (Blank).
14    (f) At any election established in Section 2A-1.1, public
15questions may be submitted to voters pursuant to this Code and
16any special election otherwise required or authorized by law
17or by court order may be conducted pursuant to this Code.
18    Notwithstanding the regular dates for election of officers
19established in this Article, whenever a referendum is held for
20the establishment of a political subdivision whose officers
21are to be elected, the initial officers shall be elected at the
22election at which such referendum is held if otherwise so
23provided by law. In such cases, the election of the initial
24officers shall be subject to the referendum.
25    Notwithstanding the regular dates for election of
26officials established in this Article, any community college

 

 

SB4180- 14 -LRB102 23728 NLB 32917 b

1district which becomes effective by operation of law pursuant
2to Section 6-6.1 of the Public Community College Act, as now or
3hereafter amended, shall elect the initial district board
4members at the next regularly scheduled election following the
5effective date of the new district.
6    (g) At any election established in Section 2A-1.1, if in
7any precinct there are no offices or public questions required
8to be on the ballot under this Code then no election shall be
9held in the precinct on that date.
10    (h) There may be conducted a referendum in accordance with
11the provisions of Division 6-4 of the Counties Code.
12(Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22;
13102-558, eff. 8-20-21; 102-691, eff. 12-17-21.)
 
14    (10 ILCS 5/2A-56 new)
15    Sec. 2A-56. State Board of Education; time of election.
16Five members of the State Board of Education shall be elected
17at the general election in 2024 and at the general election
18every 4 years thereafter.
 
19    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
20    Sec. 10-6. Time and manner of filing. Except as otherwise
21provided in this Code, certificates of nomination and
22nomination papers for the nomination of candidates for offices
23to be filled by electors of the entire State, or any district
24not entirely within a county, or for congressional, state

 

 

SB4180- 15 -LRB102 23728 NLB 32917 b

1legislative, or judicial offices, or elected members of the
2State Board of Education, shall be presented to the principal
3office of the State Board of Elections not more than 141 nor
4less than 134 days previous to the day of election for which
5the candidates are nominated. The State Board of Elections
6shall endorse the certificates of nomination or nomination
7papers, as the case may be, and the date and hour of
8presentment to it. Except as otherwise provided in this Code,
9all other certificates for the nomination of candidates shall
10be filed with the county clerk of the respective counties not
11more than 141 but at least 134 days previous to the day of such
12election. Certificates of nomination and nomination papers for
13the nomination of candidates for school district offices to be
14filled at consolidated elections shall be filed with the
15county clerk or county board of election commissioners of the
16county in which the principal office of the school district is
17located not more than 113 nor less than 106 days before the
18consolidated election. Except as otherwise provided in this
19Code, certificates of nomination and nomination papers for the
20nomination of candidates for the other offices of political
21subdivisions to be filled at regular elections other than the
22general election shall be filed with the local election
23official of such subdivision:
24        (1) (Blank);
25        (2) not more than 113 nor less than 106 days prior to
26    the consolidated election; or

 

 

SB4180- 16 -LRB102 23728 NLB 32917 b

1        (3) not more than 113 nor less than 106 days prior to
2    the general primary in the case of municipal offices to be
3    filled at the general primary election; or
4        (4) not more than 99 nor less than 92 days before the
5    consolidated primary in the case of municipal offices to
6    be elected on a nonpartisan basis pursuant to law
7    (including without limitation, those municipal offices
8    subject to Articles 4 and 5 of the Municipal Code); or
9        (5) not more than 113 nor less than 106 days before the
10    municipal primary in even numbered years for such
11    nonpartisan municipal offices where annual elections are
12    provided; or
13        (6) in the case of petitions for the office of
14    multi-township assessor, such petitions shall be filed
15    with the election authority not more than 113 nor less
16    than 106 days before the consolidated election.
17    However, where a political subdivision's boundaries are
18co-extensive with or are entirely within the jurisdiction of a
19municipal board of election commissioners, the certificates of
20nomination and nomination papers for candidates for such
21political subdivision offices shall be filed in the office of
22such Board.
23(Source: P.A. 102-15, eff. 6-17-21.)
 
24    (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
25    Sec. 10-9. The following electoral boards are designated

 

 

SB4180- 17 -LRB102 23728 NLB 32917 b

1for the purpose of hearing and passing upon the objector's
2petition described in Section 10-8.
3        1. The State Board of Elections will hear and pass
4    upon objections to the nominations of candidates for State
5    offices, nominations of candidates for the elected members
6    of the State Board of Education, nominations of candidates
7    for congressional or legislative offices that are in more
8    than one county or are wholly located within a single
9    county with a population of less than 3,000,000 and
10    judicial offices of districts, subcircuits, or circuits
11    situated in more than one county, nominations of
12    candidates for the offices of State's attorney or regional
13    superintendent of schools to be elected from more than one
14    county, and petitions for proposed amendments to the
15    Constitution of the State of Illinois as provided for in
16    Section 3 of Article XIV of the Constitution.
17        2. The county officers electoral board of a county
18    with a population of less than 3,000,000 to hear and pass
19    upon objections to the nominations of candidates for
20    county offices and judicial offices of a district,
21    subcircuit, or circuit coterminous with or less than a
22    county, for any school district offices, for the office of
23    multi-township assessor where candidates for such office
24    are nominated in accordance with this Code, and for all
25    special district offices, shall be composed of the county
26    clerk, or an assistant designated by the county clerk, the

 

 

SB4180- 18 -LRB102 23728 NLB 32917 b

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

 

 

SB4180- 19 -LRB102 23728 NLB 32917 b

1    shall be composed of the county clerk, or an assistant
2    designated by the county clerk, the State's Attorney of
3    the county or an Assistant State's Attorney designated by
4    the State's Attorney, and the clerk of the circuit court,
5    or an assistant designated by the clerk of the circuit
6    court, of the county, of whom the county clerk or his
7    designee shall be the chair, except that, in any county
8    which has established a county board of election
9    commissioners, that board shall constitute the county
10    officers electoral board ex-officio. If a school district
11    is located in 2 or more counties, the county officers
12    electoral board of the county in which the principal
13    office of the school district is located shall hear and
14    pass upon objections to nominations of candidates for
15    school district office in that school district.
16        3. The municipal officers electoral board to hear and
17    pass upon objections to the nominations of candidates for
18    officers of municipalities shall be composed of the mayor
19    or president of the board of trustees of the city, village
20    or incorporated town, and the city, village or
21    incorporated town clerk, and one member of the city
22    council or board of trustees, that member being designated
23    who is eligible to serve on the electoral board and has
24    served the greatest number of years as a member of the city
25    council or board of trustees, of whom the mayor or
26    president of the board of trustees shall be the chair.

 

 

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1        4. The township officers electoral board to pass upon
2    objections to the nominations of township officers shall
3    be composed of the township supervisor, the town clerk,
4    and that eligible town trustee elected in the township who
5    has had the longest term of continuous service as town
6    trustee, of whom the township supervisor shall be the
7    chair.
8        5. The education officers electoral board to hear and
9    pass upon objections to the nominations of candidates for
10    offices in community college districts shall be composed
11    of the presiding officer of the community college district
12    board, who shall be the chair, the secretary of the
13    community college district board and the eligible elected
14    community college board member who has the longest term of
15    continuous service as a board member.
16        6. In all cases, however, where the Congressional,
17    Legislative, or Representative district is wholly or
18    partially within the jurisdiction of a single municipal
19    board of election commissioners in Cook County and in all
20    cases where the school district or special district is
21    wholly within the jurisdiction of a municipal board of
22    election commissioners and in all cases where the
23    municipality or township is wholly or partially within the
24    jurisdiction of a municipal board of election
25    commissioners, the board of election commissioners shall
26    ex-officio constitute the electoral board.

 

 

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1    For special districts situated in more than one county,
2the county officers electoral board of the county in which the
3principal office of the district is located has jurisdiction
4to hear and pass upon objections. For purposes of this
5Section, "special districts" means all political subdivisions
6other than counties, municipalities, townships and school and
7community college districts.
8    In the event that any member of the appropriate board is a
9candidate for the office with relation to which the objector's
10petition is filed, he shall not be eligible to serve on that
11board and shall not act as a member of the board and his place
12shall be filled as follows:
13        a. In the county officers electoral board by the
14    county treasurer, and if he or she is ineligible to serve,
15    by the sheriff of the county.
16        b. In the municipal officers electoral board by the
17    eligible elected city council or board of trustees member
18    who has served the second greatest number of years as a
19    city council or board of trustees member.
20        c. In the township officers electoral board by the
21    eligible elected town trustee who has had the second
22    longest term of continuous service as a town trustee.
23        d. In the education officers electoral board by the
24    eligible elected community college district board member
25    who has had the second longest term of continuous service
26    as a board member.

 

 

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1    In the event that the chair of the electoral board is
2ineligible to act because of the fact that he or she is a
3candidate for the office with relation to which the objector's
4petition is filed, then the substitute chosen under the
5provisions of this Section shall be the chair; In this case,
6the officer or board with whom the objector's petition is
7filed, shall transmit the certificate of nomination or
8nomination papers as the case may be, and the objector's
9petition to the substitute chair of the electoral board.
10    When 2 or more eligible individuals, by reason of their
11terms of service on a city council or board of trustees,
12township board of trustees, or community college district
13board, qualify to serve on an electoral board, the one to serve
14shall be chosen by lot.
15    Any vacancies on an electoral board not otherwise filled
16pursuant to this Section shall be filled by public members
17appointed by the Chief Judge of the Circuit Court for the
18county wherein the electoral board hearing is being held upon
19notification to the Chief Judge of such vacancies. The Chief
20Judge shall be so notified by a member of the electoral board
21or the officer or board with whom the objector's petition was
22filed. In the event that none of the individuals designated by
23this Section to serve on the electoral board are eligible, the
24chair of an electoral board shall be designated by the Chief
25Judge.
26(Source: P.A. 100-1027, eff. 1-1-19.)
 

 

 

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1    (10 ILCS 5/22-1)   (from Ch. 46, par. 22-1)
2    Sec. 22-1. Abstracts of votes. Within 21 days after the
3close of the election at which candidates for offices
4hereinafter named in this Section are voted upon, the election
5authorities of the respective counties shall open the returns
6and make abstracts of the votes on a separate sheet for each of
7the following:
8        A. For Governor and Lieutenant Governor;
9        B. For State officers;
10        C. For presidential electors;
11        D. For United States Senators and Representatives to
12    Congress;
13        E. For judges of the Supreme Court;
14        F. For judges of the Appellate Court;
15        G. For judges of the circuit court;
16        H. For Senators and Representatives to the General
17    Assembly;
18        I. For State's Attorneys elected from 2 or more
19    counties;
20        J. For amendments to the Constitution, and for other
21    propositions submitted to the electors of the entire
22    State;
23        K. For county officers and for propositions submitted
24    to the electors of the county only;
25        L. For Regional Superintendent of Schools;

 

 

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1        M. For trustees of Sanitary Districts; and
2        N. For Trustee of a Regional Board of School Trustees;
3    and .
4        O. For elected members of the State Board of
5    Education.
6    Each sheet shall report the returns by precinct or ward.
7    Multiple originals of each of the sheets shall be prepared
8and one of each shall be turned over to the chair of the county
9central committee of each of the then existing established
10political parties, as defined in Section 10-2, or his duly
11authorized representative immediately after the completion of
12the entries on the sheets and before the totals have been
13compiled.
14    The foregoing abstracts shall be preserved by the election
15authority in its office.
16    Whenever any county clerk is unable to canvass the vote,
17the deputy county clerk or a designee of the county clerk shall
18serve in his or her place.
19    The powers and duties of the election authority canvassing
20the votes are limited to those specified in this Section.
21    No person who is shown by the election authority's
22proclamation to have been elected at the consolidated election
23or general election as a write-in candidate shall take office
24unless that person has first filed with the certifying office
25or board a statement of candidacy pursuant to Section 7-10 or
26Section 10-5, a statement pursuant to Section 7-10.1, and a

 

 

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1receipt for filing a statement of economic interests in
2relation to the unit of government to which he or she has been
3elected. For officers elected at the consolidated election,
4the certifying officer shall notify the election authority of
5the receipt of those documents, and the county clerk shall
6issue the certification of election under the provisions of
7Section 22-18.
8(Source: P.A. 100-1027, eff. 1-1-19.)
 
9    (10 ILCS 5/22-7)   (from Ch. 46, par. 22-7)
10    Sec. 22-7. Canvass of votes; declaration and proclamation
11of result. The State Board of Elections, shall proceed within
1231 days after the election, and sooner if all the returns are
13received, to canvass the votes given for United States
14Senators and Representatives to Congress, State executive
15officers, elected members of the State Board of Education,
16judges of the Supreme Court, judges of the Appellate Court,
17judges of the Circuit Court, Senators, Representatives to the
18General Assembly, State's Attorneys and Regional
19Superintendents of Schools elected from 2 or more counties,
20respectively, and the persons having the highest number of
21votes for the respective offices shall be declared duly
22elected, but if it appears that more than the number of persons
23to be elected have the highest and an equal number of votes for
24the same office, the electoral board shall decide by lot which
25of such persons shall be elected; and to each person duly

 

 

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1elected, the Governor shall give a certificate of election or
2commission, as the case may require, and shall cause
3proclamation to be made of the result of the canvass, and they
4shall at the same time and in the same manner, canvass the vote
5cast upon amendments to the Constitution, and upon other
6propositions submitted to the electors of the entire State;
7and the Governor shall cause to be made such proclamation of
8the result of the canvass as the statutes elsewhere provide.
9The State Board of Elections shall transmit to the State
10Comptroller a list of the persons elected to the various
11offices. The State Board of Elections shall also transmit to
12the Supreme Court the names of persons elected to judgeships
13in adversary elections and the names of judges who fail to win
14retention in office.
15    No person who is shown by the canvassing board's
16proclamation to have been elected at the consolidated election
17or general election as a write-in candidate shall take office
18unless that person has first filed with the certifying office
19or board a statement of candidacy pursuant to Section 7-10 or
20Section 10-5, a statement pursuant to Section 7-10.1, and a
21receipt for filing a statement of economic interests in
22relation to the unit of government to which he or she has been
23elected. For officers elected at the consolidated election,
24the certifying officer shall notify the election authority of
25the receipt of those documents, and the county clerk shall
26issue the certification of election under the provisions of

 

 

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1Section 22-18.
2(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
 
3    Section 10. The School Code is amended by changing
4Sections 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:
 
5    (105 ILCS 5/1A-1)  (from Ch. 122, par. 1A-1)
6    Sec. 1A-1. Members and terms.
7    (a) (Blank).
8    (b) The State Board of Education shall consist of 5
9members initially to be elected under this amendatory Act of
10the 102nd General Assembly have taken office and 8 appointed
11members and a chairperson, who shall be appointed by the
12Governor with the advice and consent of the Senate from a
13pattern of regional representation as follows: 2 appointees
14shall be selected from among those counties of the State other
15than Cook County and the 5 counties contiguous to Cook County,
16one of whom must represent the educator community; 2
17appointees shall be selected from Cook County, one of whom
18shall be a resident of the City of Chicago and one of whom
19shall be a resident of that part of Cook County which lies
20outside the city limits of Chicago and of whom one must
21represent the educator community; 2 appointees shall be
22selected from among the 5 counties of the State that are
23contiguous to Cook County, one of whom must represent the
24educator community; and 3 members shall be selected as

 

 

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1members-at-large (one of which shall be the chairperson). With
2respect to the educator community appointments, no more than
3one member may be employed as a district superintendent,
4principal, school business official, or teacher and no more
5than one may be employed by the same school district or school.
6The changes made to this Section by this amendatory Act of the
7100th General Assembly apply to appointments made after the
8effective date of this amendatory Act of the 100th General
9Assembly. The Governor who takes office on the second Monday
10of January after his or her election shall be the person who
11nominates members to fill vacancies whose terms begin after
12that date and before the term of the next Governor begins.
13    The term of each member of the State Board of Education
14whose term expires on January 12, 2005 shall instead terminate
15on the effective date of this amendatory Act of the 93rd
16General Assembly. Of these 3 seats, (i) the member initially
17appointed pursuant to this amendatory Act of the 93rd General
18Assembly whose seat was vacant on April 27, 2004 shall serve
19until the second Wednesday of January, 2009 and (ii) the other
202 members initially appointed pursuant to this amendatory Act
21of the 93rd General Assembly shall serve until the second
22Wednesday of January, 2007.
23    The term of the member of the State Board of Education
24whose seat was vacant on April 27, 2004 and whose term expires
25on January 10, 2007 shall instead terminate on the effective
26date of this amendatory Act of the 93rd General Assembly. The

 

 

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1member initially appointed pursuant to this amendatory Act of
2the 93rd General Assembly to fill this seat shall be the
3chairperson and shall serve until the second Wednesday of
4January, 2007.
5    The term of the member of the State Board of Education
6whose seat was vacant on May 28, 2004 but after April 27, 2004
7and whose term expires on January 10, 2007 shall instead
8terminate on the effective date of this amendatory Act of the
993rd General Assembly. The member initially appointed pursuant
10to this amendatory Act of the 93rd General Assembly to fill
11this seat shall serve until the second Wednesday of January,
122007.
13    The term of the other member of the State Board of
14Education whose term expires on January 10, 2007 shall instead
15terminate on the effective date of this amendatory Act of the
1693rd General Assembly. The member initially appointed pursuant
17to this amendatory Act of the 93rd General Assembly to fill
18this seat shall serve until the second Wednesday of January,
192007.
20    The term of the member of the State Board of Education
21whose term expires on January 14, 2009 and who was selected
22from among the 5 counties of the State that are contiguous to
23Cook County and is a resident of Lake County shall instead
24terminate on the effective date of this amendatory Act of the
2593rd General Assembly. The member initially appointed pursuant
26to this amendatory Act of the 93rd General Assembly to fill

 

 

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1this seat shall serve until the second Wednesday of January,
22009.
3    Upon expiration of the terms of the members initially
4appointed under this amendatory Act of the 93rd General
5Assembly and members whose terms were not terminated by this
6amendatory Act of the 93rd General Assembly, their respective
7successors shall be appointed for terms of 4 years, from the
8second Wednesday in January of each odd numbered year and
9until their respective successors are appointed and qualified.
10    (c) Of the 4 members, excluding the chairperson, whose
11terms expire on the second Wednesday of January, 2007 and
12every 4 years thereafter, one of those members must be an
13at-large member and at no time may more than 2 of those members
14be from one political party. Of the 4 members whose terms
15expire on the second Wednesday of January, 2009 and every 4
16years thereafter, one of those members must be an at-large
17member and at no time may more than 2 of those members be from
18one political party. Party membership is defined as having
19voted in the primary of the party in the last primary before
20appointment.
21    (c-5) Five members of the Board shall be elected on a
22nonpartisan basis at the general election in 2024 and every 4
23years thereafter. One member shall be elected from each of the
24judicial districts. A petition for nomination of a candidate
25for member of the Board shall be signed by at least 0.5% of the
26total number of registered voters in the judicial district in

 

 

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1which the person is a candidate for nomination. Each of these
2members shall serve for a term of 4 years, from the second
3Wednesday of January until after the member's election and
4until the member's successor takes office.
5    (d) Vacancies in appointed terms shall be filled by
6appointment by the Governor with the advice and consent of the
7Senate for the extent of the unexpired term. If a vacancy in
8membership occurs at a time when the Senate is not in session,
9the Governor shall make a temporary appointment until the next
10meeting of the Senate, when the Governor shall appoint a
11person to fill that membership for the remainder of its term.
12If the Senate is not in session when appointments for a full
13term are made, the appointments shall be made as in the case of
14vacancies.
15    (d-5) Beginning on the date when all of the new members
16initially to be elected under this amendatory Act of the 102nd
17General Assembly have taken office, vacancies in elected terms
18shall be filled by appointment and confirmed by the remaining
19members of the State Board of Education. A person selected to
20fill a vacancy left by an elected member must meet all
21eligibility requirements for the position.
22(Source: P.A. 100-1135, eff. 11-28-18.)
 
23    (105 ILCS 5/1A-2)  (from Ch. 122, par. 1A-2)
24    Sec. 1A-2. Qualifications. In order to be a member The
25members of the State Board of Education, a person must be a

 

 

SB4180- 32 -LRB102 23728 NLB 32917 b

1citizen shall be citizens of the United States and a resident
2residents of the State of Illinois. To be an elected member, a
3person must also be a resident of the judicial district from
4which the person was elected. Appointed members and shall be
5selected as far as may be practicable on the basis of their
6knowledge of, or interest and experience in, problems of
7public education. No elected member of the State Board of
8Education may be employed by a public or private school; a
9college, including community or junior college; a university;
10the State Board of Education; a regional office of education;
11or any other educational institution. No elected member of the
12State Board of Education shall be a member of a board of
13directors of a public school district or private school. No
14member of the State Board of Education shall benefit from
15funds provided by the State Board of Education to an
16institution of higher learning, public or private, within
17Illinois, nor shall members be school trustees of a public or
18nonpublic college, university or technical institution within
19Illinois. No member shall be appointed to more than 2 4-year
20terms. No member shall be elected to more than 2 consecutive
214-year terms. Members shall be reimbursed for all ordinary and
22necessary expenses incurred in performing their duties as
23members of the Board. Expenses shall be approved by the Board
24and be consistent with the laws, policies, and requirements of
25the State of Illinois regarding such expenditures, plus any
26member may include in the member's his or her claim for

 

 

SB4180- 33 -LRB102 23728 NLB 32917 b

1expenses $50 per day for meeting days.
2(Source: P.A. 100-1135, eff. 11-28-18.)
 
3    (105 ILCS 5/1A-2.1)  (from Ch. 122, par. 1A-2.1)
4    Sec. 1A-2.1. Vacancies. The Governor may remove for
5incompetence, neglect of duty, or malfeasance in office any
6member of the State Board of Education. A vacancy also exists
7on the State Board of Education when one or more of the
8following events occur:
9        1. A member dies.
10        2. A member files a written resignation with the
11    Governor.
12        3. A member is adjudicated to be a person under legal
13    disability under the Probate Act of 1975 or a person
14    subject to involuntary admission under the Mental Health
15    and Developmental Disabilities Code.
16        4. For appointed members, a A member ceases to be a
17    resident of the region from which the member he or she was
18    appointed.
19        5. A member is convicted of an infamous crime or of any
20    offense involving a violation of his or her duties under
21    this Code.
22        6. A member fails to maintain the qualifications
23    stated in Sections 1A-1 and 1A-2 of this Code.
24(Source: P.A. 100-1135, eff. 11-28-18.)
 

 

 

SB4180- 34 -LRB102 23728 NLB 32917 b

1    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
2    Sec. 1A-4. Powers and duties of the Board.
3    A. (Blank).
4    B. The Board shall determine the qualifications of and
5appoint a chief education officer, to be known as the State
6Superintendent of Education, who may be proposed by the
7Governor and who shall serve at the pleasure of the Board and
8pursuant to a performance-based contract linked to statewide
9student performance and academic improvement within Illinois
10schools. Upon expiration or buyout of the contract of the
11State Superintendent of Education in office on the effective
12date of this amendatory Act of the 93rd General Assembly, a
13State Superintendent of Education shall be appointed by a
14State Board of Education that includes the 7 new Board members
15who were appointed to fill seats of members whose terms were
16terminated on the effective date of this amendatory Act of the
1793rd General Assembly. Thereafter, a State Superintendent of
18Education must, at a minimum, be appointed at the beginning of
19each term of a Governor after that Governor has made
20appointments to the Board. A performance-based contract issued
21for the employment of a State Superintendent of Education
22entered into on or after the effective date of this amendatory
23Act of the 93rd General Assembly must expire no later than
24February 1, 2007, and subsequent contracts must expire no
25later than February 1 each 4 years thereafter. No contract
26shall be extended or renewed beyond February 1, 2007 and

 

 

SB4180- 35 -LRB102 23728 NLB 32917 b

1February 1 each 4 years thereafter, but a State Superintendent
2of Education shall serve until his or her successor is
3appointed. Each contract entered into on or before January 8,
42007 with a State Superintendent of Education must provide
5that the State Board of Education may terminate the contract
6for cause, and the State Board of Education shall not
7thereafter be liable for further payments under the contract.
8With regard to this amendatory Act of the 93rd General
9Assembly, it is the intent of the General Assembly that,
10beginning with the Governor who takes office on the second
11Monday of January, 2007, a State Superintendent of Education
12be appointed at the beginning of each term of a Governor after
13that Governor has made appointments to the Board. The State
14Superintendent of Education shall not serve as a member of the
15State Board of Education. The Board shall set the compensation
16of the State Superintendent of Education who shall serve as
17the Board's chief executive officer. The Board shall also
18establish the duties, powers and responsibilities of the State
19Superintendent, which shall be included in the State
20Superintendent's performance-based contract along with the
21goals and indicators of student performance and academic
22improvement used to measure the performance and effectiveness
23of the State Superintendent. The State Board of Education may
24delegate to the State Superintendent of Education the
25authority to act on the Board's behalf, provided such
26delegation is made pursuant to adopted board policy or the

 

 

SB4180- 36 -LRB102 23728 NLB 32917 b

1powers delegated are ministerial in nature. The State Board
2may not delegate authority under this Section to the State
3Superintendent to (1) nonrecognize school districts, (2)
4withhold State payments as a penalty, or (3) make final
5decisions under the contested case provisions of the Illinois
6Administrative Procedure Act unless otherwise provided by law.
7    C. The powers and duties of the State Board of Education
8shall encompass all duties delegated to the Office of
9Superintendent of Public Instruction on January 12, 1975,
10except as the law providing for such powers and duties is
11thereafter amended, and such other powers and duties as the
12General Assembly shall designate. The Board shall be
13responsible for the educational policies and guidelines for
14public schools, pre-school through grade 12 and Vocational
15Education in the State of Illinois. The Board shall analyze
16the present and future aims, needs, and requirements of
17education in the State of Illinois and recommend to the
18General Assembly the powers which should be exercised by the
19Board. The Board shall recommend the passage and the
20legislation necessary to determine the appropriate
21relationship between the Board and local boards of education
22and the various State agencies and shall recommend desirable
23modifications in the laws which affect schools.
24    D. Two members of the Board shall be appointed by the
25chairperson to serve on a standing joint Education Committee,
262 others shall be appointed from the Board of Higher

 

 

SB4180- 37 -LRB102 23728 NLB 32917 b

1Education, 2 others shall be appointed by the chairperson of
2the Illinois Community College Board, and 2 others shall be
3appointed by the chairperson of the Human Resource Investment
4Council. The Committee shall be responsible for making
5recommendations concerning the submission of any workforce
6development plan or workforce training program required by
7federal law or under any block grant authority. The Committee
8will be responsible for developing policy on matters of mutual
9concern to elementary, secondary and higher education such as
10Occupational and Career Education, Teacher Preparation and
11Certification, Educational Finance, Articulation between
12Elementary, Secondary and Higher Education and Research and
13Planning. The joint Education Committee shall meet at least
14quarterly and submit an annual report of its findings,
15conclusions, and recommendations to the State Board of
16Education, the Board of Higher Education, the Illinois
17Community College Board, the Human Resource Investment
18Council, the Governor, and the General Assembly. All meetings
19of this Committee shall be official meetings for reimbursement
20under this Act. On the effective date of this amendatory Act of
21the 95th General Assembly, the Joint Education Committee is
22abolished.
23    E. Until the 5 members initially to be elected under this
24amendatory Act of the 102nd General Assembly have taken
25office, five Five members of the Board shall constitute a
26quorum. Beginning on the date when the 5 members initially to

 

 

SB4180- 38 -LRB102 23728 NLB 32917 b

1be elected under this amendatory Act of the 102nd General
2Assembly have taken office, a majority of the Board shall
3constitute a quorum. Until the 5 members initially to be
4elected under this amendatory Act of the 102nd General
5Assembly have taken office a A majority vote of the members
6appointed, confirmed and serving on the Board is required to
7approve any action, except that the 7 new Board members who
8were appointed to fill seats of members whose terms were
9terminated on the effective date of this amendatory act of the
1093rd General Assembly may vote to approve actions when
11appointed and serving. Beginning on the date when the 5
12members initially to be elected under this amendatory Act of
13the 102nd General Assembly have taken office, a majority vote
14of the elected members and the members appointed, confirmed
15and serving on the Board is required to approve any action.
16    Using the most recently available data, the Board shall
17prepare and submit to the General Assembly and the Governor on
18or before January 14, 1976 and annually thereafter a report or
19reports of its findings and recommendations. Such annual
20report shall contain a separate section which provides a
21critique and analysis of the status of education in Illinois
22and which identifies its specific problems and recommends
23express solutions therefor. Such annual report also shall
24contain the following information for the preceding year
25ending on June 30: each act or omission of a school district of
26which the State Board of Education has knowledge as a

 

 

SB4180- 39 -LRB102 23728 NLB 32917 b

1consequence of scheduled, approved visits and which
2constituted a failure by the district to comply with
3applicable State or federal laws or regulations relating to
4public education, the name of such district, the date or dates
5on which the State Board of Education notified the school
6district of such act or omission, and what action, if any, the
7school district took with respect thereto after being notified
8thereof by the State Board of Education. The report shall also
9include the statewide high school dropout rate by grade level,
10sex and race and the annual student dropout rate of and the
11number of students who graduate from, transfer from or
12otherwise leave bilingual programs. The Auditor General shall
13annually perform a compliance audit of the State Board of
14Education's performance of the reporting duty imposed by this
15amendatory Act of 1986. A regular system of communication with
16other directly related State agencies shall be implemented.
17    The requirement for reporting to the General Assembly
18shall be satisfied by filing copies of the report with the
19Speaker, the Minority Leader and the Clerk of the House of
20Representatives and the President, the Minority Leader and the
21Secretary of the Senate and the Legislative Council, as
22required by Section 3.1 of the General Assembly Organization
23Act, and filing such additional copies with the State
24Government Report Distribution Center for the General Assembly
25as is required under paragraph (t) of Section 7 of the State
26Library Act.

 

 

SB4180- 40 -LRB102 23728 NLB 32917 b

1    F. Upon appointment of the 7 new Board members who were
2appointed to fill seats of members whose terms were terminated
3on the effective date of this amendatory Act of the 93rd
4General Assembly, the Board shall review all of its current
5rules in an effort to streamline procedures, improve
6efficiency, and eliminate unnecessary forms and paperwork.
7(Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.