Full Text of SB1960 93rd General Assembly
SB1960ham002 93RD GENERAL ASSEMBLY
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Rep. Chapin Rose
Filed: 5/30/2004
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| AMENDMENT TO SENATE BILL 1960
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| AMENDMENT NO. ______. Amend Senate Bill 1960 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Governmental Ethics Act is amended | 5 |
| by changing
Section 4A-101 as follows:
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| (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | 7 |
| Sec. 4A-101. Persons required to file. The following | 8 |
| persons shall file
verified written statements of economic | 9 |
| interests, as provided in this Article:
| 10 |
| (a) Members of the General Assembly and candidates for | 11 |
| nomination or
election to the General Assembly.
| 12 |
| (b) Persons holding an elected office in the Executive | 13 |
| Branch of this
State or on the Board of Trustees of the | 14 |
| University of Illinois , and candidates for nomination or | 15 |
| election to these offices.
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| (c) Members of a Commission or Board created by the | 17 |
| Illinois Constitution,
and candidates for nomination or | 18 |
| election to such Commission or Board.
| 19 |
| (d) Persons whose appointment to office is subject to | 20 |
| confirmation by
the Senate.
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| (e) Holders of, and candidates for nomination or | 22 |
| election to, the office
of judge or associate judge of the | 23 |
| Circuit Court and the office of judge of
the Appellate or | 24 |
| Supreme Court.
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| (f) Persons who are employed by any branch, agency, | 2 |
| authority or board
of the government of this State, | 3 |
| including but not limited to, the Illinois
State Toll | 4 |
| Highway Authority, the Illinois Housing Development | 5 |
| Authority,
the Illinois Community College Board, and | 6 |
| institutions under the
jurisdiction of the Board of | 7 |
| Trustees
of the University of Illinois, Board of Trustees | 8 |
| of Southern Illinois
University, Board of Trustees of | 9 |
| Chicago State University,
Board of Trustees of Eastern | 10 |
| Illinois University, Board of Trustees of
Governor's State | 11 |
| University, Board of Trustees of Illinois State | 12 |
| University,
Board of Trustees of Northeastern Illinois | 13 |
| University, Board of Trustees of
Northern Illinois | 14 |
| University, Board of Trustees of Western Illinois
| 15 |
| University, or Board of Trustees of the Illinois | 16 |
| Mathematics and Science
Academy, and are compensated for | 17 |
| services as employees and not as
independent contractors | 18 |
| and who:
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| (1) are, or function as, the head of a department, | 20 |
| commission, board,
division, bureau, authority or | 21 |
| other administrative unit within the
government of | 22 |
| this State, or who exercise similar authority within | 23 |
| the
government of this State;
| 24 |
| (2) have direct supervisory authority over, or | 25 |
| direct responsibility for
the formulation, | 26 |
| negotiation, issuance or execution of contracts | 27 |
| entered into
by the State in the amount of $5,000 or | 28 |
| more;
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| (3) have authority for the issuance or | 30 |
| promulgation of rules and
regulations within areas | 31 |
| under the authority of the State;
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| (4) have authority for the approval of | 33 |
| professional licenses;
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| (5) have responsibility with respect to the |
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| financial inspection
of regulated nongovernmental | 2 |
| entities;
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| (6) adjudicate, arbitrate, or decide any judicial | 4 |
| or administrative
proceeding, or review the | 5 |
| adjudication, arbitration or decision of any judicial
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| or administrative proceeding within the authority of | 7 |
| the State; or
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| (7) have supervisory responsibility for 20 or more | 9 |
| employees of the
State.
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| (g) Persons who are elected to office in a unit of | 11 |
| local government,
and candidates for nomination or | 12 |
| election to that office, including regional
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| superintendents of school districts.
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| (h) Persons appointed to the governing board of a unit | 15 |
| of local
government, or of a special district, and persons | 16 |
| appointed to a zoning
board, or zoning board of appeals, or | 17 |
| to a regional, county, or municipal
plan commission, or to | 18 |
| a board of review of any county, and persons
appointed to | 19 |
| the Board of the Metropolitan Pier and Exposition Authority
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| and any Trustee appointed under Section 22 of the | 21 |
| Metropolitan Pier and
Exposition Authority Act, and | 22 |
| persons appointed to a board or commission of
a unit of | 23 |
| local government who have authority to authorize the | 24 |
| expenditure of
public funds. This subsection does not apply | 25 |
| to members of boards or
commissions who function in an | 26 |
| advisory capacity.
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| (i) Persons who are employed by a unit of local | 28 |
| government and are
compensated for services as employees | 29 |
| and not as independent contractors and
who:
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| (1) are, or function as, the head of a department, | 31 |
| division, bureau,
authority or other administrative | 32 |
| unit within the unit of local
government, or who | 33 |
| exercise similar authority within the unit of local
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| government;
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| (2) have direct supervisory authority over, or | 2 |
| direct responsibility for
the formulation, | 3 |
| negotiation, issuance or execution of contracts | 4 |
| entered into
by the unit of local government in the | 5 |
| amount of $1,000 or greater;
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| (3) have authority to approve licenses
and permits | 7 |
| by the unit of local government; this item does not | 8 |
| include
employees who function in a ministerial | 9 |
| capacity;
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| (4) adjudicate, arbitrate, or decide any judicial | 11 |
| or administrative
proceeding, or review the | 12 |
| adjudication, arbitration or decision of any judicial
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| or administrative proceeding within the authority of | 14 |
| the unit of local
government;
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| (5) have authority to issue or promulgate rules and | 16 |
| regulations within
areas under the authority of the | 17 |
| unit of local government; or
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| (6) have supervisory responsibility for 20 or more | 19 |
| employees of the
unit of local government.
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| (j) Persons on the Board of Trustees of the Illinois | 21 |
| Mathematics and
Science Academy.
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| (k) Persons employed by a school district in positions | 23 |
| that
require that
person to hold an administrative or a | 24 |
| chief school business official
endorsement.
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| (l) Special government agents. A "special government | 26 |
| agent" is a
person who is directed, retained, designated, | 27 |
| appointed, or
employed, with or without compensation, by or | 28 |
| on behalf of a
statewide executive branch constitutional | 29 |
| officer to make an ex
parte communication under Section | 30 |
| 5-50 of the State Officials and
Employees Ethics Act or | 31 |
| Section 5-165 of the Illinois
Administrative Procedure | 32 |
| Act.
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| This Section shall not be construed to prevent any unit of | 34 |
| local government
from enacting financial disclosure |
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| requirements that mandate
more information
than required by | 2 |
| this Act.
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| (Source: P.A. 93-617, eff. 12-9-03.)
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| Section 10. The Election Code is amended by changing | 5 |
| Sections 2A-1.2, 7-1,
7-9, 22-1, 22-7, 23-1.1a, 23-1.2a, and | 6 |
| 23-1.13a and adding Section 2A-53.5 as
follows:
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| (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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| Sec. 2A-1.2. Consolidated Schedule of Elections - Offices | 9 |
| Designated.
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| (a) At the general election in the appropriate | 11 |
| even-numbered years, the
following offices shall be filled or | 12 |
| shall be on the ballot as otherwise
required by this Code:
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| (1) Elector of President and Vice President of the | 14 |
| United States;
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| (2) United States Senator and United States | 16 |
| Representative;
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| (3) State Executive Branch elected officers;
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| (4) State Senator and State Representative;
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| (5) County elected officers, including State's | 20 |
| Attorney, County Board
member, County Commissioners, and | 21 |
| elected President of the County Board or
County Chief | 22 |
| Executive;
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| (6) Circuit Court Clerk;
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| (7) Regional Superintendent of Schools, except in | 25 |
| counties or
educational service regions in which that | 26 |
| office has been abolished;
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| (8) Judges of the Supreme, Appellate and Circuit | 28 |
| Courts, on the question
of retention, to fill vacancies and | 29 |
| newly created judicial offices;
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| (9) Trustee of the University of Illinois
(Blank) ;
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| (10) Trustee of the Metropolitan Sanitary District of | 32 |
| Chicago, and elected
Trustee of other Sanitary Districts;
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| (11) Special District elected officers, not otherwise | 2 |
| designated in this
Section, where the statute creating or | 3 |
| authorizing the creation of
the district requires an annual | 4 |
| election and permits or requires election
of candidates of | 5 |
| political parties.
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| (b) At the general primary election:
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| (1) in each even-numbered year candidates of political | 8 |
| parties shall be
nominated for those offices to be filled | 9 |
| at the general election in that
year, except where pursuant | 10 |
| to law nomination of candidates of political
parties is | 11 |
| made by caucus.
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| (2) in the appropriate even-numbered years the | 13 |
| political party offices of
State central committeeman, | 14 |
| township committeeman, ward committeeman, and
precinct | 15 |
| committeeman shall be filled and delegates and alternate | 16 |
| delegates
to the National nominating conventions shall be | 17 |
| elected as may be required
pursuant to this Code. In the | 18 |
| even-numbered years in which a Presidential
election is to | 19 |
| be held, candidates in the Presidential preference primary
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| shall also be on the ballot.
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| (3) in each even-numbered year, where the municipality | 22 |
| has provided for
annual elections to elect municipal | 23 |
| officers pursuant to Section 6(f) or
Section 7 of Article | 24 |
| VII of the Constitution, pursuant to the Illinois
Municipal | 25 |
| Code or pursuant to the municipal charter, the offices of | 26 |
| such
municipal officers shall be filled at an election held | 27 |
| on the date of the
general primary election, provided that | 28 |
| the municipal election shall be a
nonpartisan election | 29 |
| where required by the Illinois Municipal Code. For
partisan | 30 |
| municipal elections in even-numbered years, a primary to | 31 |
| nominate
candidates for municipal office to be elected at | 32 |
| the general primary
election shall be held on the Tuesday 6 | 33 |
| weeks preceding that election.
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| (4) in each school district which has adopted the |
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| provisions of
Article 33 of the School Code, successors to | 2 |
| the members of the board
of education whose terms expire in | 3 |
| the year in which the general primary is
held shall be | 4 |
| elected.
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| (c) At the consolidated election in the appropriate | 6 |
| odd-numbered years,
the following offices shall be filled:
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| (1) Municipal officers, provided that in | 8 |
| municipalities in which
candidates for alderman or other | 9 |
| municipal office are not permitted by law
to be candidates | 10 |
| of political parties, the runoff election where required
by | 11 |
| law, or the nonpartisan election where required by law, | 12 |
| shall be held on
the date of the consolidated election; and | 13 |
| provided further, in the case of
municipal officers | 14 |
| provided for by an ordinance providing the form of
| 15 |
| government of the municipality pursuant to Section 7 of | 16 |
| Article VII of the
Constitution, such offices shall be | 17 |
| filled by election or by runoff
election as may be provided | 18 |
| by such ordinance;
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| (2) Village and incorporated town library directors;
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| (3) City boards of stadium commissioners;
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| (4) Commissioners of park districts;
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| (5) Trustees of public library districts;
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| (6) Special District elected officers, not otherwise | 24 |
| designated in this
section, where the statute creating or | 25 |
| authorizing the creation of the district
permits or | 26 |
| requires election of candidates of political parties;
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| (7) Township officers, including township park | 28 |
| commissioners, township
library directors, and boards of | 29 |
| managers of community buildings, and
Multi-Township | 30 |
| Assessors;
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| (8) Highway commissioners and road district clerks;
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| (9) Members of school boards in school districts which | 33 |
| adopt Article 33
of the School Code;
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| (10) The directors and chairman of the Chain O Lakes - |
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| Fox River Waterway
Management Agency;
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| (11) Forest preserve district commissioners elected | 3 |
| under Section 3.5 of
the Downstate Forest Preserve District | 4 |
| Act;
| 5 |
| (12) Elected members of school boards, school | 6 |
| trustees, directors of
boards of school directors, | 7 |
| trustees of county boards of school trustees
(except in | 8 |
| counties or educational service regions having a | 9 |
| population
of 2,000,000 or more inhabitants) and members of | 10 |
| boards of school inspectors,
except school boards in school
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| districts that adopt Article 33 of the School Code;
| 12 |
| (13) Members of Community College district boards;
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| (14) Trustees of Fire Protection Districts;
| 14 |
| (15) Commissioners of the Springfield Metropolitan | 15 |
| Exposition and
Auditorium
Authority;
| 16 |
| (16) Elected Trustees of Tuberculosis Sanitarium | 17 |
| Districts;
| 18 |
| (17) Elected Officers of special districts not | 19 |
| otherwise designated in
this Section for which the law | 20 |
| governing those districts does not permit
candidates of | 21 |
| political parties.
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| (d) At the consolidated primary election in each | 23 |
| odd-numbered year,
candidates of political parties shall be | 24 |
| nominated for those offices to be
filled at the consolidated | 25 |
| election in that year, except where pursuant to
law nomination | 26 |
| of candidates of political parties is made by caucus, and
| 27 |
| except those offices listed in paragraphs (12) through (17) of | 28 |
| subsection
(c).
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| At the consolidated primary election in the appropriate | 30 |
| odd-numbered years,
the mayor, clerk, treasurer, and aldermen | 31 |
| shall be elected in
municipalities in which
candidates for | 32 |
| mayor, clerk, treasurer, or alderman are not permitted by
law | 33 |
| to be candidates
of political parties, subject to runoff | 34 |
| elections to be held at the
consolidated election as may be |
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| required
by law, and municipal officers shall be nominated in a | 2 |
| nonpartisan election
in municipalities in which pursuant to law | 3 |
| candidates for such office are
not permitted to be candidates | 4 |
| of political parties.
| 5 |
| At the consolidated primary election in the appropriate | 6 |
| odd-numbered years,
municipal officers shall be nominated or | 7 |
| elected, or elected subject to
a runoff, as may be provided by | 8 |
| an ordinance providing a form of government
of the municipality | 9 |
| pursuant to Section 7 of Article VII of the Constitution.
| 10 |
| (e) (Blank).
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| (f) At any election established in Section 2A-1.1, public | 12 |
| questions may
be submitted to voters pursuant to this Code and | 13 |
| any special election
otherwise required or authorized by law or | 14 |
| by court order may be conducted
pursuant to this Code.
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| Notwithstanding the regular dates for election of officers | 16 |
| established
in this Article, whenever a referendum is held for | 17 |
| the establishment of
a political subdivision whose officers are | 18 |
| to be elected, the initial officers
shall be elected at the | 19 |
| election at which such referendum is held if otherwise
so | 20 |
| provided by law. In such cases, the election of the initial | 21 |
| officers
shall be subject to the referendum.
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| Notwithstanding the regular dates for election of | 23 |
| officials established
in this Article, any community college | 24 |
| district which becomes effective by
operation of law pursuant | 25 |
| to Section 6-6.1 of the Public Community College
Act, as now or | 26 |
| hereafter amended, shall elect the initial district board
| 27 |
| members at the next regularly scheduled election following the | 28 |
| effective
date of the new district.
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| (g) At any election established in Section 2A-1.1, if in | 30 |
| any precinct
there are no offices or public questions required | 31 |
| to be on the ballot under
this Code then no election shall be | 32 |
| held in the precinct on that date.
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| (h) There may be conducted a
referendum in accordance with | 34 |
| the provisions of Division 6-4 of the
Counties Code.
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| (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | 2 |
| eff. 8-9-96; 90-358, eff. 1-1-98.)
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| (10 ILCS 5/2A-53.5 new)
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| Sec. 2A-53.5. University of Illinois; trustee; time of | 5 |
| election. Beginning
with the
general election in 2006, a | 6 |
| trustee of the University of Illinois shall be
elected at each
| 7 |
| general election to succeed each incumbent trustee whose term | 8 |
| expires in
January of
the
year next following that general | 9 |
| election.
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| (10 ILCS 5/7-1) (from Ch. 46, par. 7-1)
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| Sec. 7-1. Application of Article.
| 12 |
| (a) Except as otherwise provided in this Article, the | 13 |
| nomination of all
candidates for all elective State, | 14 |
| congressional, judicial, and county
officers, State's | 15 |
| Attorneys (whether elected from a single county or from more
| 16 |
| than one county), city, village, and incorporated town and | 17 |
| municipal officers,
trustees of sanitary districts, township | 18 |
| officers in townships of over 5,000
population coextensive with | 19 |
| or included wholly within cities or villages not
under the | 20 |
| commission form of government, precinct, township, ward, and
| 21 |
| State central committeemen, and delegates and alternate | 22 |
| delegates to
national nominating conventions by all political | 23 |
| parties, as defined in
Section 7-2 of this Article 7, shall be | 24 |
| made in the manner provided in
this Article 7 and not | 25 |
| otherwise. The nomination of candidates for
electors of | 26 |
| President and Vice President of the United States
and for | 27 |
| trustees of the University of Illinois
shall be made
only in | 28 |
| the manner provided for in Section 7-9 of this Article.
| 29 |
| (b) This Article 7 shall not
apply to (i) the nomination of | 30 |
| candidates for school elections and township
elections, except | 31 |
| in those townships specifically mentioned
in subsection (a) and | 32 |
| except in those cases in which a township central
committee |
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| determines under Section 6A-2 of the Township Law of 1874 or | 2 |
| Section
45-55 of the Township Code that its candidates for | 3 |
| township offices shall be
nominated by primary in accordance | 4 |
| with this Article, (ii) the nomination of
park commissioners in | 5 |
| park districts organized under the Park District Code,
(iii) | 6 |
| the nomination of officers of cities and villages organized | 7 |
| under
special charters, or (iv) the nomination of municipal | 8 |
| officers for cities,
villages, and incorporated towns with a | 9 |
| population of 5,000 or less,
except where a city, village, or | 10 |
| incorporated town with a population of
5,000 or less has by | 11 |
| ordinance determined that political parties shall nominate
| 12 |
| candidates for municipal office in the city, village, or
| 13 |
| incorporated town by primary in accordance with this Article. | 14 |
| In that event,
the municipal clerk shall certify the ordinance | 15 |
| to the proper election
officials no later than November 15 in | 16 |
| the year preceding the consolidated
primary election.
| 17 |
| (c) The words "township officers" or "township offices" | 18 |
| shall be
construed, when used in this Article, to include | 19 |
| supervisors.
| 20 |
| (d) As provided in Sections 3.1-25-20 through 3.1-25-60 of | 21 |
| the Illinois
Municipal Code, a village may adopt a system of | 22 |
| nonpartisan primary and general
elections for the election of | 23 |
| village officers.
| 24 |
| (Source: P.A. 88-670, eff. 12-2-94; 89-5, eff. 1-1-96.)
| 25 |
| (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
| 26 |
| Sec. 7-9. County central committee; county and State | 27 |
| conventions.
| 28 |
| (a) On the second Monday next succeeding the primary at | 29 |
| which
committeemen are elected, the county central committee of | 30 |
| each political
party shall meet at the county seat of the | 31 |
| proper county and proceed to
organize by electing from its own | 32 |
| number a chairman and either from its
own number, or otherwise, | 33 |
| such other officers as such committee may deem
necessary or |
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| expedient. Such meeting of the county central committee
shall | 2 |
| be known as the county convention.
| 3 |
| The chairman of each county committee shall within 10 days | 4 |
| after the
organization, forward to the State Board of | 5 |
| Elections, the names and
post office addresses of the officers, | 6 |
| precinct committeemen and
representative committeemen elected | 7 |
| by his political party.
| 8 |
| The county convention of each political party shall choose | 9 |
| delegates
to the State convention of its party; but in any | 10 |
| county having within
its limits any city having a population of | 11 |
| 200,000, or over the
delegates from such city shall be chosen | 12 |
| by wards, the ward committeemen
from the respective wards | 13 |
| choosing the number of delegates to which such
ward is entitled | 14 |
| on the basis prescribed in paragraph (e) of this
Section such | 15 |
| delegates to be members of the delegation to the State
| 16 |
| convention from such county. In all counties containing a | 17 |
| population of
2,000,000 or more outside of cities having a | 18 |
| population of 200,000 or
more, the delegates from each of the | 19 |
| townships or parts of townships as
the case may be shall be | 20 |
| chosen by townships or parts of townships as
the case may be, | 21 |
| the township committeemen from the respective townships
or | 22 |
| parts of townships as the case may be choosing the number of
| 23 |
| delegates to which such townships or parts of townships as the | 24 |
| case may
be are entitled, on the basis prescribed in paragraph | 25 |
| (e) of this
Section such delegates to be members of the | 26 |
| delegation to the State
convention from such county.
| 27 |
| Each member of the State Central Committee of a political | 28 |
| party which
elects its members by Alternative B under paragraph | 29 |
| (a) of Section 7-8
shall be a delegate to the State Convention, | 30 |
| ex officio.
| 31 |
| Each member of the State Central Committee of a political | 32 |
| party which
elects its members by Alternative B under paragraph | 33 |
| (a) of Section 7-8 may
appoint 2 delegates to the State | 34 |
| Convention who must be residents of the
member's Congressional |
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| District.
| 2 |
| (b) State conventions shall be held within 180 days after | 3 |
| the
general primary in the year 2000 and every 4 years | 4 |
| thereafter. In the year
1998, and every 4 years thereafter,
the | 5 |
| chairman of a State central committee may issue a call for a | 6 |
| State
convention within 180 days after the general primary.
| 7 |
| The State
convention of each political party has power to | 8 |
| make
nominations of candidates of its political party for the | 9 |
| electors of
President and Vice President of the United States
| 10 |
| and for trustees of the University of Illinois , and to adopt | 11 |
| any party
platform, and, to the
extent determined by the State | 12 |
| central committee as provided in Section
7-14, to choose and | 13 |
| select delegates and alternate delegates at large to
national | 14 |
| nominating conventions. The State Central Committee may adopt
| 15 |
| rules to provide for and govern the procedures of the State | 16 |
| convention.
| 17 |
| (c) The chairman and secretary of each State convention | 18 |
| shall,
within 2 days thereafter, transmit to the State Board of | 19 |
| Elections of
this State a certificate setting forth the names | 20 |
| and addresses of all
persons nominated by such State convention | 21 |
| for electors of President and
Vice President of the United | 22 |
| States
and for trustees of the University of Illinois , and of | 23 |
| any persons
selected by the State
convention for
delegates and | 24 |
| alternate delegates at large to national nominating
| 25 |
| conventions; and the names of such candidates so chosen by such | 26 |
| State
convention for electors of President and Vice President | 27 |
| of the United
States
and for trustees of the University of | 28 |
| Illinois , shall be caused by
the State Board of Elections to be | 29 |
| printed upon the official ballot at
the general election, in | 30 |
| the manner required by law, and shall be
certified to the | 31 |
| various county clerks of the proper counties in the
manner as | 32 |
| provided in Section 7-60 of this Article 7 for the certifying
| 33 |
| of the names of persons nominated by any party for State | 34 |
| offices. If and
as long as this Act prescribes that the names |
|
|
|
09300SB1960ham002 |
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| 1 |
| of such electors be not
printed on the ballot, then the names | 2 |
| of such electors shall be
certified in such manner as may be | 3 |
| prescribed by the parts of this Act
applicable thereto.
| 4 |
| (d) Each convention may perform all other functions | 5 |
| inherent to such
political organization and not inconsistent | 6 |
| with this Article.
| 7 |
| (e) At least 33 days before the date of a State convention, | 8 |
| the chairman of
the State central committee of each political
| 9 |
| party shall file in the principal office of the State Board of
| 10 |
| Elections a call for the State convention. Such call shall | 11 |
| state, among
other things, the time and place (designating the | 12 |
| building or hall) for
holding the State convention. Such call | 13 |
| shall be signed by the chairman
and attested by the secretary | 14 |
| of the committee. In such convention each
county shall be | 15 |
| entitled to one delegate for each 500 ballots voted by
the | 16 |
| primary electors of the party in such county at the primary to | 17 |
| be
held next after the issuance of such call; and if in such | 18 |
| county, less
than 500 ballots are so voted or if the number of | 19 |
| ballots so voted is
not exactly a multiple of 500, there shall | 20 |
| be one delegate for such
group which is less than 500, or for | 21 |
| such group representing the number
of votes over the multiple | 22 |
| of 500, which delegate shall have 1/500 of
one vote for each | 23 |
| primary vote so represented by him. The call for such
| 24 |
| convention shall set forth this paragraph (e) of Section 7-9 in | 25 |
| full and
shall direct that the number of delegates to be chosen | 26 |
| be calculated in
compliance herewith and that such number of | 27 |
| delegates be chosen.
| 28 |
| (f) All precinct, township and ward committeemen when | 29 |
| elected as
provided in this Section shall serve as though | 30 |
| elected at large
irrespective of any changes that may be made | 31 |
| in precinct, township or
ward boundaries and the voting | 32 |
| strength of each committeeman shall
remain as provided in this | 33 |
| Section for the entire time for which he is
elected.
| 34 |
| (g) The officers elected at any convention provided for in |
|
|
|
09300SB1960ham002 |
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|
| 1 |
| this
Section shall serve until their successors are elected as | 2 |
| provided in
this Act.
| 3 |
| (h) A special meeting of any central committee may be | 4 |
| called by the
chairman, or by not less than 25% of the members | 5 |
| of such committee, by
giving 5 days notice to members of such | 6 |
| committee in writing designating
the time and place at which | 7 |
| such special meeting is to be held and the
business which it is | 8 |
| proposed to present at such special meeting.
| 9 |
| (i) Except as otherwise provided in this Act, whenever a | 10 |
| vacancy
exists in the office of precinct committeeman because | 11 |
| no one was elected
to that office or because the precinct | 12 |
| committeeman ceases to reside in
the precinct or for any other | 13 |
| reason, the chairman of the county
central committee of the | 14 |
| appropriate political party may fill the
vacancy in such office | 15 |
| by appointment of a qualified resident of the
county and the | 16 |
| appointed precinct committeeman shall serve as though
elected; | 17 |
| however, no such appointment may be made between the general
| 18 |
| primary election and the 14th day after the general primary | 19 |
| election.
| 20 |
| (j) If the number of Congressional Districts in the State | 21 |
| of Illinois
is reduced as a result of reapportionment of | 22 |
| Congressional Districts
following a federal decennial census, | 23 |
| the State Central Committeemen and
Committeewomen of a | 24 |
| political
party which elects its State Central
Committee by | 25 |
| either Alternative A or by Alternative B under paragraph (a)
of | 26 |
| Section 7-8 who were
previously elected shall continue to serve | 27 |
| as if no reapportionment had
occurred until the expiration of | 28 |
| their terms.
| 29 |
| (Source: P.A. 89-5, eff. 1-1-96; 90-627, eff. 7-10-98.)
| 30 |
| (10 ILCS 5/22-1) (from Ch. 46, par. 22-1)
| 31 |
| Sec. 22-1. Abstracts of votes. Within 7 days after the | 32 |
| close of the
election at which candidates for offices | 33 |
| hereinafter named in this Section are
voted upon, the county |
|
|
|
09300SB1960ham002 |
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| 1 |
| clerks of the respective counties, with the assistance
of the | 2 |
| chairmen of the county central committees of the Republican and
| 3 |
| Democratic parties of the county, shall open the returns and | 4 |
| make abstracts of
the votes on a separate sheet for each of the | 5 |
| following:
| 6 |
| A. For Governor and Lieutenant Governor;
| 7 |
| B. For State officers;
| 8 |
| C. For presidential electors;
| 9 |
| D. For United States Senators and Representatives to | 10 |
| Congress;
| 11 |
| E. For judges of the Supreme Court;
| 12 |
| F. For judges of the Appellate Court;
| 13 |
| G. For judges of the circuit court;
| 14 |
| H. For Senators and Representatives to the General | 15 |
| Assembly;
| 16 |
| I. For State's Attorneys elected from 2 or more counties;
| 17 |
| J. For amendments to the Constitution, and for other | 18 |
| propositions
submitted to the electors of the entire State;
| 19 |
| K. For county officers and for propositions submitted to | 20 |
| the
electors of the county only;
| 21 |
| L. For Regional Superintendent of Schools;
| 22 |
| M. For trustees of Sanitary Districts; and
| 23 |
| N. For Trustee of a Regional Board of School Trustees ; and .
| 24 |
| O. For trustees of the University of Illinois.
| 25 |
| Multiple originals of each of the sheets shall be prepared | 26 |
| and one of
each shall be turned over to the chairman of the | 27 |
| county central
committee of each of the then existing | 28 |
| established political parties, as
defined in Section 10-2, or | 29 |
| his duly authorized representative
immediately after the | 30 |
| completion of the entries on the sheets and before
the totals | 31 |
| have been compiled.
| 32 |
| The foregoing abstracts shall be preserved by the county | 33 |
| clerk in his office.
| 34 |
| Whenever any county chairman is also county clerk or |
|
|
|
09300SB1960ham002 |
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|
| 1 |
| whenever any
county chairman is unable to serve as a member of | 2 |
| such canvassing board
the vice-chairman or secretary of his | 3 |
| county central committee, in that
order, shall serve in his | 4 |
| place as member of such canvassing board;
provided, that if | 5 |
| none of these persons is able to serve, the county
chairman may | 6 |
| appoint a member of his county central committee to serve
as a | 7 |
| member of such canvassing board.
| 8 |
| The powers and duties of the county canvassing board are | 9 |
| limited to
those specified in this Section. In no event shall | 10 |
| such canvassing board
open any package in which the ballots | 11 |
| have been wrapped or any envelope
containing "defective" or | 12 |
| "objected to" ballots, or in any manner
undertake to examine | 13 |
| the ballots used in the election, except as
provided in Section | 14 |
| 22-9.1 or when directed by a court in an election
contest. Nor | 15 |
| shall such canvassing board call in the precinct judges of
| 16 |
| election or any other persons to open or recount the ballots.
| 17 |
| (Source: P.A. 89-5, eff. 1-1-96.)
| 18 |
| (10 ILCS 5/22-7) (from Ch. 46, par. 22-7)
| 19 |
| Sec. 22-7. Canvass of votes; declaration and proclamation | 20 |
| of result.
The State Board of Elections , shall proceed , within | 21 |
| 20 days after the
election,
and sooner if all the returns are | 22 |
| received, to canvass the votes given
for United States Senators | 23 |
| and Representatives to Congress, State
executive officers, | 24 |
| judges of the Supreme Court, judges of the Appellate
Court, | 25 |
| judges of the Circuit Court, Senators, Representatives to the
| 26 |
| General Assembly, State's Attorneys and Regional | 27 |
| Superintendents of Schools
elected from 2 or more counties,
and | 28 |
| trustees of the University of Illinois,
respectively, and the | 29 |
| persons
having the highest number of votes for the respective | 30 |
| offices shall be
declared duly elected, but if it appears that | 31 |
| more than the number of
persons to be elected have the highest | 32 |
| and an equal number of votes for
the same office, the electoral | 33 |
| board shall decide by lot which of such
persons shall be |
|
|
|
09300SB1960ham002 |
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|
| 1 |
| elected; and to each person duly elected, the Governor
shall | 2 |
| give a certificate of election or commission, as the case may
| 3 |
| require, and shall cause proclamation to be made of the result | 4 |
| of the
canvass, and they shall at the same time and in the same | 5 |
| manner, canvass
the vote cast upon amendments to the | 6 |
| Constitution, and upon other
propositions submitted to the | 7 |
| electors of the entire State; and the
Governor shall cause to | 8 |
| be made such proclamation of the result of the
canvass as the | 9 |
| statutes elsewhere provide. The State Board of Elections
shall | 10 |
| transmit to the State Comptroller a list of the persons elected | 11 |
| to
the various offices. The State Board of Elections shall also | 12 |
| transmit to
the Supreme Court the names of persons elected to | 13 |
| judgeships in
adversary elections and the names of judges who | 14 |
| fail to win retention in
office.
| 15 |
| (Source: P.A. 89-5, eff. 1-1-96.)
| 16 |
| (10 ILCS 5/23-1.1a) (from Ch. 46, par. 23-1.1a)
| 17 |
| Sec. 23-1.1a. Election contest - Statewide - Jurisdiction. | 18 |
| The Supreme
Court shall have jurisdiction over contests of the | 19 |
| results of any election,
including a primary, for an elected | 20 |
| officer provided for in Article V of
the Constitution
and for | 21 |
| trustee of the University of Illinois , and shall
retain | 22 |
| jurisdiction throughout the course of such election contests.
| 23 |
| (Source: P.A. 89-5, eff. 1-1-96.)
| 24 |
| (10 ILCS 5/23-1.2a) (from Ch. 46, par. 23-1.2a)
| 25 |
| Sec. 23-1.2a. Election contest - Statewide offices - Who | 26 |
| may
contest - Time and place for filing - Fee. The results of | 27 |
| an election,
including a primary, for an elected executive | 28 |
| officer provided for in
Article V of the Constitution
or for | 29 |
| trustee of the University of Illinois
may be challenged (1) by | 30 |
| any candidate whose
name was on the ballot for that office, (2) | 31 |
| by any person who filed a
declaration of intent to be a | 32 |
| write-in candidate for that office, or (3)
by any person who |
|
|
|
09300SB1960ham002 |
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LRB093 08912 JAM 51925 a |
|
| 1 |
| voted in that election, provided that such person's
challenge | 2 |
| is supported by a verified petition signed by persons who voted
| 3 |
| in the election in a number no less than the largest number of | 4 |
| signatures
required to nominate a person to be a candidate of | 5 |
| any political party
which nominated a candidate for the office | 6 |
| being contested.
| 7 |
| Any person, including a candidate, qualified pursuant to | 8 |
| this Section and
desiring to contest the results of an election | 9 |
| for such an office shall,
within 15 days of the date of the | 10 |
| official proclamation of results of such
election, file a | 11 |
| Petition of State Election Contest with the clerk of the
| 12 |
| Supreme Court together with a filing fee in the amount of | 13 |
| $10,000.
| 14 |
| (Source: P.A. 89-5, eff. 1-1-96.)
| 15 |
| (10 ILCS 5/23-1.13a) (from Ch. 46, par. 23-1.13a)
| 16 |
| Sec. 23-1.13a. If any of the powers or duties to be | 17 |
| exercised or
performed by the Supreme Court under Sections | 18 |
| 23-1.1a through 23-1.12a may
not constitutionally be exercised | 19 |
| or performed by the Supreme Court by
reason of jurisdictional | 20 |
| limitations, then Sections 23-1.1a through
23-1.12a shall | 21 |
| nonetheless continue to govern contests of elections for
| 22 |
| elected officers provided for in Article V of the Constitution | 23 |
| and for
trustees of the University of Illinois , and in such
| 24 |
| event the Supreme Court shall,
pursuant to its general | 25 |
| administrative and supervisory powers, assign to a
circuit | 26 |
| court those adjudicatory powers and duties with respect to such | 27 |
| a
contest as may not be exercised or performed by the Supreme | 28 |
| Court, subject
to appropriate judicial review.
| 29 |
| (Source: P.A. 89-5, eff. 1-1-96.)
| 30 |
| Section 15. The University of Illinois Trustees Act is | 31 |
| amended by changing
Section 1 as follows:
|
|
|
|
09300SB1960ham002 |
- 20 - |
LRB093 08912 JAM 51925 a |
|
| 1 |
| (110 ILCS 310/1) (from Ch. 144, par. 41)
| 2 |
| Sec. 1. Membership.
| 3 |
| (a) The Board of Trustees of the University of Illinois | 4 |
| shall consist
of the Governor and at least 12 trustees. Nine | 5 |
| trustees shall be
appointed by the Governor, by and with the | 6 |
| advice and consent of
the Senate ; however, with respect to | 7 |
| these 9 trustees, beginning with the
general
election in 2006, | 8 |
| a
trustee shall instead be elected at each general
election
to | 9 |
| succeed
each incumbent trustee whose term expires in January of | 10 |
| the year next following
that
general
election .
The other | 11 |
| trustees shall be students, of whom one student shall
be | 12 |
| selected from each University campus.
| 13 |
| (b) Each student trustee shall serve a term of one year, | 14 |
| beginning on
July 1 or
on the date of his or her selection, | 15 |
| whichever is later, and expiring on the
next succeeding June | 16 |
| 30.
| 17 |
| (c) Each trustee shall have all of the privileges of | 18 |
| membership, except
that only
one student trustee shall have the | 19 |
| right to cast a legally binding vote. The
Governor shall | 20 |
| designate which one of the student trustees shall possess, for
| 21 |
| his or her entire term, the right to cast a legally binding | 22 |
| vote. Each student
trustee who does not possess the right to | 23 |
| cast a legally binding vote shall
have the right to cast an | 24 |
| advisory vote and the right to make and second
motions and to | 25 |
| attend executive sessions.
| 26 |
| (d) Each trustee shall be governed by the same conflict of | 27 |
| interest
standards.
Pursuant to those standards, it shall not | 28 |
| be a conflict of interest for a
student trustee to vote on | 29 |
| matters pertaining to students generally, such as
tuition and | 30 |
| fees. However, it shall be a conflict of interest for a student
| 31 |
| trustee to vote on
faculty member
tenure or promotion.
| 32 |
| (e) Student trustees shall be chosen by campus-wide
student | 33 |
| election, and the
student trustee designated by the Governor to
| 34 |
| possess a legally binding vote shall be
one of the students |
|
|
|
09300SB1960ham002 |
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LRB093 08912 JAM 51925 a |
|
| 1 |
| selected by this method. A student trustee who does not
possess | 2 |
| a legally binding vote on a
measure at a meeting of the
Board | 3 |
| or any of its committees shall not be considered a trustee
for | 4 |
| the purpose
of determining whether a quorum is present at the | 5 |
| time that measure is voted
upon. To be eligible for selection | 6 |
| as a
student trustee
and
to be eligible to remain as a voting | 7 |
| or nonvoting student trustee,
a student trustee must be a | 8 |
| resident of this State,
must have and maintain a
grade point | 9 |
| average that is equivalent to at least 2.5 on a 4.0 scale, and | 10 |
| must
be a full time student enrolled at all times during his or | 11 |
| her term of office
except
for that part of the term which | 12 |
| follows
the completion of the last full regular semester of an | 13 |
| academic year and
precedes the first full regular semester of | 14 |
| the succeeding academic year at the
University (sometimes | 15 |
| commonly referred to as the summer
session or summer
school). | 16 |
| If a voting or nonvoting student trustee
fails to
continue to | 17 |
| meet or maintain the residency, minimum grade point average, or
| 18 |
| enrollment requirement established by this Section, his
or her | 19 |
| membership on the Board shall be deemed to have terminated by | 20 |
| operation
of law.
| 21 |
| If a voting student trustee resigns or otherwise ceases to | 22 |
| serve on the
Board, the Governor shall, within 30 days, | 23 |
| designate one of the remaining
student trustees to possess the | 24 |
| right to cast a legally binding vote
for the remainder of his | 25 |
| or her term. If a nonvoting student trustee resigns
or
| 26 |
| otherwise ceases to serve on the Board, the chief executive of | 27 |
| the
student government from that campus shall, within 30 days, | 28 |
| select
a new nonvoting student trustee to serve for the | 29 |
| remainder of the term.
| 30 |
| (f) Until those members elected at the general election in | 31 |
| 2006 have taken
office,
no more than 5 of the 9 appointed | 32 |
| trustees
shall be affiliated
with the same political party.
| 33 |
| Each trustee appointed by the Governor must be a resident of | 34 |
| this State. A
failure to meet
or maintain this residency |
|
|
|
09300SB1960ham002 |
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LRB093 08912 JAM 51925 a |
|
| 1 |
| requirement constitutes a resignation from and
creates a
| 2 |
| vacancy in the Board.
The term of office of each of these
| 3 |
| appointed trustees
trustee
shall be 6 years from the third | 4 |
| Monday in January of each odd numbered year.
The regular terms | 5 |
| of office of these
the
appointed trustees shall be staggered so | 6 |
| that 3 terms expire in each
odd-numbered year.
Vacancies for | 7 |
| these appointed trustees shall be filled for the unexpired
term
| 8 |
| in the same manner as
original appointments. If these vacancies
| 9 |
| a vacancy in membership
occur
occurs at a time when the
Senate | 10 |
| is not in session, the Governor shall make temporary | 11 |
| appointments until
the next meeting of the Senate, when he | 12 |
| shall appoint persons to fill such
memberships for the | 13 |
| remainder of their respective terms. If the Senate is not
in | 14 |
| session when appointments for a full term are made, | 15 |
| appointments shall be
made as in the case of vacancies.
| 16 |
| Beginning with the general election in 2006, 3 trustees | 17 |
| shall be
elected at the
general election in November of each | 18 |
| even-numbered year in the manner provided
by
law. The term of | 19 |
| office of each elected trustee shall be 6 years from the third
| 20 |
| Monday in
January next succeeding his or her election and until | 21 |
| his or her successor is
elected and
qualified. In case of a | 22 |
| vacancy in an elected trustee's seat, the vacancy shall
be | 23 |
| filled by
appointment by the Governor (i) for the unexpired | 24 |
| term if 28 or fewer months
remain in the term or (ii) if more | 25 |
| than 28 months remain in the term, until
a trustee is elected | 26 |
| at the next general election to serve for the unexpired
term | 27 |
| and is qualified.
| 28 |
| (g) Each elected or appointed trustee must be a resident of | 29 |
| this State. A
failure to
meet or maintain this residency | 30 |
| requirement constitutes a resignation from and
creates a
| 31 |
| vacancy in the Board.
| 32 |
| (h) No action of the board shall be invalidated by reason | 33 |
| of any
vacancies on
the board, or by reason of any failure to | 34 |
| select student trustees.
|
|
|
|
09300SB1960ham002 |
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LRB093 08912 JAM 51925 a |
|
| 1 |
| (Source: P.A. 91-778, eff. 1-1-01; 91-798, eff. 7-9-00;
92-16, | 2 |
| eff. 6-28-01.)".
|
|