Illinois General Assembly - Full Text of HB2418
Illinois General Assembly

Previous General Assemblies

Full Text of HB2418  98th General Assembly




HB2418 EngrossedLRB098 07643 HLH 37715 b

1    AN ACT concerning elections.
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 10-1 and 10-6 as follows:
6    (10 ILCS 5/10-1)  (from Ch. 46, par. 10-1)
7    Sec. 10-1. Application of Article to minor political
9    (a) Political parties as defined in this Article and
10individual voters to the number and in the manner specified in
11this Article may nominate candidates for public offices whose
12names shall be placed on the ballot to be furnished, as
13provided in this Article. No nominations may be made under this
14Article 10, however, by any established political party which,
15at the general election next preceding, polled more than 5% of
16the entire vote cast in the State, district, or unit of local
17government for which the nomination is made. Those nominations
18provided for in Section 45-5 of the Township Code shall be made
19as prescribed in Sections 45-10 through 45-45 of that Code for
20nominations by established political parties, but minor
21political parties and individual voters are governed by this
22Article. Any convention, caucus, or meeting of qualified voters
23of any established political party as defined in this Article



HB2418 Engrossed- 2 -LRB098 07643 HLH 37715 b

1may, however, make one nomination for each office therein to be
2filled at any election for officers of a municipality with a
3population of less than 5,000 by causing a certificate of
4nomination to be filed with the municipal clerk as provided in
5Section 10-6 of this Code no earlier than 113 and no later than
6106 days before the election at which the nominated candidates
7are to be on the ballot. The municipal caucuses shall be
8conducted on the first Monday in December of even-numbered
9years, except that, when that Monday is a holiday or the eve of
10a holiday, the caucuses shall be held on the next business day
11following the holiday. Every certificate of nomination shall
12state the facts required in Section 10-5 of this Article and
13shall be signed by the presiding officer and by the secretary
14of the convention, caucus, or meeting, who shall add to their
15signatures their places of residence. The certificates shall be
16sworn to by them to be true to the best of their knowledge and
17belief, and a certificate of the oath shall be annexed to the
18certificate of nomination.
19    (b) Publication of the time and place of holding the caucus
20shall be given by the municipal clerk. For municipalities of
21over 500 population, notice of the caucus shall be published in
22a newspaper published in the municipality. If there is no such
23newspaper, then the notice shall be published in a newspaper
24published in the county and having general circulation in the
25municipality. For municipalities of 500 population or less,
26notice of the caucus shall be given by the municipal clerk by



HB2418 Engrossed- 3 -LRB098 07643 HLH 37715 b

1posting the notice in 3 of the most public places in the
2municipality. The publication or posting shall be given at
3least 10 days before the caucus.
4    (c) As provided in Sections 3.1-25-20 through 3.1-25-60 of
5the Illinois Municipal Code, a village may adopt a system of
6nonpartisan primary and general elections for the election of
7village officers.
8    (d) Any city, village, or incorporated town with a
9population of 5,000 or less may, by ordinance, determine that
10established political parties shall nominate candidates for
11municipal office in the city, village, or incorporated town by
12primary in accordance with Article 7.
13    (e) Only those voters who reside within the territory for
14which the nomination is made shall be permitted to vote or take
15part in the proceedings of any convention, caucus, or meeting
16of individual voters or of any political party held under this
17Section. No voter shall vote or take part in the proceedings of
18more than one convention, caucus, or meeting to make a
19nomination for the same office.
20(Source: P.A. 97-81, eff. 7-5-11.)
21    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
22    Sec. 10-6. Time and manner of filing. Certificates of
23nomination and nomination papers for the nomination of
24candidates for offices to be filled by electors of the entire
25State, or any district not entirely within a county, or for



HB2418 Engrossed- 4 -LRB098 07643 HLH 37715 b

1congressional, state legislative or judicial offices, shall be
2presented to the principal office of the State Board of
3Elections not more than 141 nor less than 134 days previous to
4the day of election for which the candidates are nominated. The
5State Board of Elections shall endorse the certificates of
6nomination or nomination papers, as the case may be, and the
7date and hour of presentment to it. Except as otherwise
8provided in this section, all other certificates for the
9nomination of candidates shall be filed with the county clerk
10of the respective counties not more than 141 but at least 134
11days previous to the day of such election. Certificates of
12nomination and nomination papers for the nomination of
13candidates for the offices of political subdivisions to be
14filled at regular elections other than the general election
15shall be filed with the local election official of such
17        (1) (Blank);
18        (2) not more than 113 nor less than 106 days prior to
19    the consolidated election; or
20        (3) not more than 113 nor less than 106 days prior to
21    the general primary in the case of municipal offices to be
22    filled at the general primary election; or
23        (4) not more than 99 nor less than 92 days before the
24    consolidated primary in the case of municipal offices to be
25    elected on a nonpartisan basis pursuant to law (including
26    without limitation, those municipal offices subject to



HB2418 Engrossed- 5 -LRB098 07643 HLH 37715 b

1    Articles 4 and 5 of the Municipal Code); or
2        (5) not more than 113 nor less than 106 days before the
3    municipal primary in even numbered years for such
4    nonpartisan municipal offices where annual elections are
5    provided; or
6        (6) in the case of petitions for the office of
7    multi-township assessor, such petitions shall be filed
8    with the election authority not more than 113 nor less than
9    106 days before the consolidated election; or .
10        (7) in the case of petitions for school boards, during
11    the 7-day period beginning on the first Tuesday of December
12    immediately preceding the consolidated election.
13    However, where a political subdivision's boundaries are
14co-extensive with or are entirely within the jurisdiction of a
15municipal board of election commissioners, the certificates of
16nomination and nomination papers for candidates for such
17political subdivision offices shall be filed in the office of
18such Board.
19(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
20    Section 10. The School Code is amended by changing Section
2110-10 as follows:
22    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
23    Sec. 10-10. Board of education; Term; Vacancy. All school
24districts having a population of not fewer than 1,000 and not



HB2418 Engrossed- 6 -LRB098 07643 HLH 37715 b

1more than 500,000 inhabitants, as ascertained by any special or
2general census, and not governed by special Acts, shall be
3governed by a board of education consisting of 7 members,
4serving without compensation except as herein provided. Each
5member shall be elected for a term of 4 years for the initial
6members of the board of education of a combined school district
7to which that subsection applies. If 5 members are elected in
81983 pursuant to the extension of terms provided by law for
9transition to the consolidated election schedule under the
10general election law, 2 of those members shall be elected to
11serve terms of 2 years and 3 shall be elected to serve terms of
124 years; their successors shall serve for a 4 year term. When
13the voters of a district have voted to elect members of the
14board of education for 6 year terms, as provided in Section
159-5, the terms of office of members of the board of education
16of that district expire when their successors assume office but
17not later than 7 days after such election. If at the regular
18school election held in the first odd-numbered year after the
19determination to elect members for 6 year terms 2 members are
20elected, they shall serve for a 6 year term; and of the members
21elected at the next regular school election 3 shall serve for a
22term of 6 years and 2 shall serve a term of 2 years. Thereafter
23members elected in such districts shall be elected to a 6 year
24term. If at the regular school election held in the first
25odd-numbered year after the determination to elect members for
266 year terms 3 members are elected, they shall serve for a 6



HB2418 Engrossed- 7 -LRB098 07643 HLH 37715 b

1year term; and of the members elected at the next regular
2school election 2 shall serve for a term of 2 years and 2 shall
3serve for a term of 6 years. Thereafter members elected in such
4districts shall be elected to a 6 year term. If at the regular
5school election held in the first odd-numbered year after the
6determination to elect members for 6 year terms 4 members are
7elected, 3 shall serve for a term of 6 years and one shall
8serve for a term of 2 years; and of the members elected at the
9next regular school election 2 shall serve for terms of 6 years
10and 2 shall serve for terms of 2 years. Thereafter members
11elected in such districts shall be elected to a 6 year term. If
12at the regular school election held in the first odd-numbered
13year after the determination to elect members for a 6 year term
145 members are elected, 3 shall serve for a term of 6 years and 2
15shall serve for a term of 2 years; and of the members elected
16at the next regular school election 2 shall serve for terms of
176 years and 2 shall serve for terms of 2 years. Thereafter
18members elected in such districts shall be elected to a 6 year
19term. An election for board members shall not be held in school
20districts which by consolidation, annexation or otherwise
21shall cease to exist as a school district within 6 months after
22the election date, and the term of all board members which
23would otherwise terminate shall be continued until such
24district shall cease to exist. Each member, on the date of his
25or her election, shall be a citizen of the United States of the
26age of 18 years or over, shall be a resident of the State and



HB2418 Engrossed- 8 -LRB098 07643 HLH 37715 b

1the territory of the district for at least one year immediately
2preceding his or her election, shall be a registered voter as
3provided in the general election law, shall not be a school
4trustee, and shall not be a child sex offender as defined in
5Section 11-9.3 of the Criminal Code of 2012. When the board of
6education is the successor of the school directors, all rights
7of property, and all rights regarding causes of action existing
8or vested in such directors, shall vest in it as fully as they
9were vested in the school directors. Terms of members are
10subject to Section 2A-54 of the Election Code.
11    Nomination papers filed under this Section are not valid
12unless the candidate named therein files with the secretary of
13the board of education or with a person designated by the board
14to receive nominating petitions a receipt from the county clerk
15showing that the candidate has filed a statement of economic
16interests as required by the Illinois Governmental Ethics Act.
17Such receipt shall be so filed either previously during the
18calendar year in which his nomination papers were filed or
19within the period for the filing of nomination papers in
20accordance with the general election law.
21    Whenever a vacancy occurs, the remaining members shall
22notify the regional superintendent of that vacancy within 5
23days after its occurrence and shall proceed to fill the vacancy
24until the next regular school election, at which election a
25successor shall be elected to serve the remainder of the
26unexpired term. However, if, on and after the effective date of



HB2418 Engrossed- 9 -LRB098 07643 HLH 37715 b

1this amendatory Act of the 98th General Assembly, the vacancy
2occurs within 90 days before the first date for filing
3petitions for the next regularly scheduled consolidated
4election, with less than 868 days remaining in the term, or if
5the vacancy occurs less than 88 days before the next regularly
6scheduled election for this office then the person so appointed
7shall serve the remainder of the unexpired term, and no
8election to fill the vacancy shall be held. Should they fail so
9to act, within 45 days after the vacancy occurs, the regional
10superintendent of schools under whose supervision and control
11the district is operating, as defined in Section 3-14.2 of this
12Act, shall within 30 days after the remaining members have
13failed to fill the vacancy, fill the vacancy as provided for
14herein. Upon the regional superintendent's failure to fill the
15vacancy, the vacancy shall be filled at the next regularly
16scheduled election. Whether elected or appointed by the
17remaining members or regional superintendent, the successor
18shall be an inhabitant of the particular area from which his or
19her predecessor was elected if the residential requirements
20contained in Section 10-10.5 or 12-2 of this Code apply.
21    A board of education may appoint a student to the board to
22serve in an advisory capacity. The student member shall serve
23for a term as determined by the board. The board may not grant
24the student member any voting privileges, but shall consider
25the student member as an advisor. The student member may not
26participate in or attend any executive session of the board.



HB2418 Engrossed- 10 -LRB098 07643 HLH 37715 b

1(Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)