Full Text of HB4924 103rd General Assembly
HB4924 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4924 Introduced 2/7/2024, by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/9-10 | from Ch. 122, par. 9-10 | 105 ILCS 5/34-4.1 | |
| Amends the School Code. In provisions concerning the nominating petitions for school board candidates, provides that the name change requirements do not apply to name changes resulting from a civil union to assume a spouse's surname or dissolution of a civil union or declaration of invalidity of a civil union to assume a former surname or a name change that conforms the candidate's name to the candidate's gender identity. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 9-10 and 34-4.1 as follows: | 6 | | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10) | 7 | | Sec. 9-10. Candidates for office - nominating petitions. | 8 | | Candidates for the office of school director shall be | 9 | | nominated by petition signed by at least 25 voters or 5% of the | 10 | | voters, whichever is less, residing within the district and | 11 | | filed with the county clerk or the county board of election | 12 | | commissioners, as the case may be, of the county in which the | 13 | | principal office of the school district is located. | 14 | | Nominations for members of boards of education, including | 15 | | non-high school boards of education shall be made by a | 16 | | petition signed by at least 50 voters or 10% of the voters, | 17 | | whichever is less, residing within the district and shall be | 18 | | filed with the county clerk or the county board of election | 19 | | commissioners, as the case may be, of the county in which the | 20 | | principal office of the school district is located. In | 21 | | addition to the requirements of the general election law, the | 22 | | form of such petitions shall be substantially as follows: | 23 | | NOMINATING PETITIONS |
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| 1 | | (LEAVE OUT THE INAPPLICABLE PART.) | 2 | | To the (County Clerk or County Board of Election | 3 | | Commissioners) .... of .... County: | 4 | | We the undersigned, being (.... or more) (or 10% or more) | 5 | | (or 5% or more) of the voters residing within said district, | 6 | | hereby petition that .... who resides at .... in the (city or | 7 | | village) of .... in Township .... (or who resides outside any | 8 | | city, village or incorporated town and in Township ....) in | 9 | | said district shall be a candidate for the office of .... of | 10 | | the board of education (or board of directors) (full term) | 11 | | (vacancy) to be voted for at the election to be held on (insert | 12 | | date). | 13 | | Name: .................. Address: ................... | 14 | | In the designation of the name of a candidate on a petition | 15 | | for nomination, the candidate's given name or names, initial | 16 | | or initials, a nickname by which the candidate is commonly | 17 | | known, or a combination thereof may be used in addition to the | 18 | | candidate's surname. If a candidate has changed his or her | 19 | | name, whether by a statutory or common law procedure in | 20 | | Illinois or any other jurisdiction, within 3 years before the | 21 | | last day for filing the petition, then (i) the candidate's | 22 | | name on the petition must be followed by "formerly known as | 23 | | (list all prior names during the 3-year period) until name | 24 | | changed on (list date of each such name change)" and (ii) the | 25 | | petition must be accompanied by the candidate's affidavit |
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| 1 | | stating the candidate's previous names during the period | 2 | | specified in clause (i) and the date or dates each of those | 3 | | names was changed; failure to meet these requirements shall be | 4 | | grounds for denying certification of the candidate's name for | 5 | | the ballot, but these requirements do not apply to name | 6 | | changes resulting from adoption to assume an adoptive parent's | 7 | | or parents' surname, marriage or civil union to assume a | 8 | | spouse's surname, or dissolution of marriage or civil union or | 9 | | declaration of invalidity of marriage or civil union to assume | 10 | | a former surname or a name change that conforms the | 11 | | candidate's name to the candidate's gender identity . No other | 12 | | designation, such as a political slogan, as defined by Section | 13 | | 7-17 of the Election Code, title or degree, or nickname | 14 | | suggesting or implying possession of a title, degree or | 15 | | professional status, or similar information may be used in | 16 | | connection with the candidate's surname. | 17 | | Nomination papers filed under this Section are not valid | 18 | | unless the candidate named therein files with the county clerk | 19 | | or the county board of election commissioners, as the case may | 20 | | be, of the county in which the principal office of the school | 21 | | district is located a receipt from the county clerk showing | 22 | | that the candidate has filed a statement of economic interests | 23 | | as required by the Illinois Governmental Ethics Act. Such | 24 | | receipt shall be so filed either previously during the | 25 | | calendar year in which his nomination papers were filed or | 26 | | within the period for the filing of nomination papers in |
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| 1 | | accordance with the general election law. | 2 | | All petitions for the nomination of members of a board of | 3 | | education shall be filed with the county clerk or the county | 4 | | board of election commissioners, as the case may be, of the | 5 | | county in which the principal office of the school district is | 6 | | located within the time provided for by the general election | 7 | | law. The county clerk or the county board of election | 8 | | commissioners may have petition forms available for issuance | 9 | | to potential candidates, and may give notice of the petition | 10 | | filing period by publication in a newspaper of general | 11 | | circulation within the school district not less than 10 days | 12 | | prior to the first day of filing. The county clerk or the | 13 | | county board of election commissioners shall make | 14 | | certification to the proper election authorities in accordance | 15 | | with the general election law. | 16 | | The county clerk or the county board of election | 17 | | commissioners, as the case may be, of the county in which the | 18 | | principal office of the school district is located shall | 19 | | notify the candidates for whom a petition for nomination is | 20 | | filed or the appropriate committee of the obligations under | 21 | | the Campaign Financing Act as provided in the general election | 22 | | law. Such notice shall be given on a form prescribed by the | 23 | | State Board of Elections and in accordance with the | 24 | | requirements of the general election law. The county clerk or | 25 | | county board of election commissioners shall within 7 days of | 26 | | filing or on the last day for filing, whichever is earlier, |
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| 1 | | acknowledge to the petitioner in writing the office's | 2 | | acceptance of the petition. | 3 | | A candidate for membership on the board of education or | 4 | | for office as a school director, who has petitioned for | 5 | | nomination to fill a full term and to fill a vacant term to be | 6 | | voted upon at the same election, must withdraw his or her | 7 | | petition for nomination from either the full term or the | 8 | | vacant term by written declaration. | 9 | | In all newly organized districts the petition for the | 10 | | nomination of candidates for members of the board of education | 11 | | at the first election shall be addressed to and filed with the | 12 | | regional superintendent of schools in the manner herein | 13 | | specified for the petitions for members of a board of | 14 | | education. For such election the regional superintendent shall | 15 | | fulfill all duties otherwise assigned to the secretary of the | 16 | | board of education. | 17 | | (Source: P.A. 98-115, eff. 7-29-13; 99-522, eff. 6-30-16.) | 18 | | (105 ILCS 5/34-4.1) | 19 | | Sec. 34-4.1. Nomination petitions. In addition to the | 20 | | requirements of the general election law, the form of | 21 | | petitions under Section 34-4 of this Code shall be | 22 | | substantially as follows: | 23 | | NOMINATING PETITIONS | 24 | | (LEAVE OUT THE INAPPLICABLE PART.) | 25 | | To the Board of Election Commissioners for the City of |
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| 1 | | Chicago: | 2 | | We the undersigned, being (.... or more) of the voters | 3 | | residing within said district, hereby petition that .... who | 4 | | resides at .... in the City of Chicago shall be a candidate for | 5 | | the office of .... of the board of education (full term) | 6 | | (vacancy) to be voted for at the election to be held on (insert | 7 | | date). | 8 | | Name: .................. Address: ................... | 9 | | In the designation of the name of a candidate on a petition | 10 | | for nomination, the candidate's given name or names, initial | 11 | | or initials, a nickname by which the candidate is commonly | 12 | | known, or a combination thereof may be used in addition to the | 13 | | candidate's surname. If a candidate has changed his or her | 14 | | name, whether by a statutory or common law procedure in | 15 | | Illinois or any other jurisdiction, within 3 years before the | 16 | | last day for filing the petition, then (i) the candidate's | 17 | | name on the petition must be followed by "formerly known as | 18 | | (list all prior names during the 3-year period) until name | 19 | | changed on (list date of each such name change)" and (ii) the | 20 | | petition must be accompanied by the candidate's affidavit | 21 | | stating the candidate's previous names during the period | 22 | | specified in clause (i) and the date or dates each of those | 23 | | names was changed; failure to meet these requirements shall be | 24 | | grounds for denying certification of the candidate's name for | 25 | | the ballot, but these requirements do not apply to name | 26 | | changes resulting from adoption to assume an adoptive parent's |
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| 1 | | or parents' surname, marriage or civil union to assume a | 2 | | spouse's surname, or dissolution of marriage or civil union or | 3 | | declaration of invalidity of marriage or civil union to assume | 4 | | a former surname or a name change that conforms the | 5 | | candidate's name to the candidate's gender identity . No other | 6 | | designation, such as a political slogan, as defined by Section | 7 | | 7-17 of the Election Code, title or degree, or nickname | 8 | | suggesting or implying possession of a title, degree or | 9 | | professional status, or similar information may be used in | 10 | | connection with the candidate's surname. | 11 | | All petitions for the nomination of members of a board of | 12 | | education shall be filed with the board of election | 13 | | commissioners of the jurisdiction in which the principal | 14 | | office of the school district is located. The board of | 15 | | election commissioners shall receive and file only those | 16 | | petitions that include a statement of candidacy, the required | 17 | | number of voter signatures, the notarized signature of the | 18 | | petition circulator, and a receipt from the county clerk | 19 | | showing that the candidate has filed a statement of economic | 20 | | interest on or before the last day to file as required by the | 21 | | Illinois Governmental Ethics Act. The board of election | 22 | | commissioners may have petition forms available for issuance | 23 | | to potential candidates and may give notice of the petition | 24 | | filing period by publication in a newspaper of general | 25 | | circulation within the school district not less than 10 days | 26 | | prior to the first day of filing. The board of election |
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| 1 | | commissioners shall make certification to the proper election | 2 | | authorities in accordance with the general election law. | 3 | | The board of election commissioners of the jurisdiction in | 4 | | which the principal office of the school district is located | 5 | | shall notify the candidates for whom a petition for nomination | 6 | | is filed or the appropriate committee of the obligations under | 7 | | the Campaign Financing Act as provided in the general election | 8 | | law. Such notice shall be given on a form prescribed by the | 9 | | State Board of Elections and in accordance with the | 10 | | requirements of the general election law. The board of | 11 | | election commissioners shall within 7 days of filing or on the | 12 | | last day for filing, whichever is earlier, acknowledge to the | 13 | | petitioner in writing the office's acceptance of the petition. | 14 | | A candidate for membership on the board of education who | 15 | | has petitioned for nomination to fill a full term and to fill a | 16 | | vacant term to be voted upon at the same election must withdraw | 17 | | his or her petition for nomination from either the full term or | 18 | | the vacant term by written declaration. | 19 | | Nomination petitions are not valid unless the candidate | 20 | | named therein files with the board of election commissioners a | 21 | | receipt from the county clerk showing that the candidate has | 22 | | filed a statement of economic interests as required by the | 23 | | Illinois Governmental Ethics Act. Such receipt shall be so | 24 | | filed either previously during the calendar year in which his | 25 | | or her nomination papers were filed or within the period for | 26 | | the filing of nomination papers in accordance with the general |
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| 1 | | election law. | 2 | | (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; | 3 | | 103-467, eff. 8-4-23.) | 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law. |
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