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90_HB0652enr
10 ILCS 5/1-3 from Ch. 46, par. 1-3
10 ILCS 5/2A-1.1 from Ch. 46, par. 2A-1.1
10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-36 from Ch. 46, par. 2A-36
10 ILCS 5/2A-43 from Ch. 46, par. 2A-43
10 ILCS 5/2A-48 from Ch. 46, par. 2A-48
10 ILCS 5/2A-49 from Ch. 46, par. 2A-49
10 ILCS 5/2A-50 from Ch. 46, par. 2A-50
10 ILCS 5/2A-51 from Ch. 46, par. 2A-51
10 ILCS 5/2A-52 from Ch. 46, par. 2A-52
10 ILCS 5/2A-54
10 ILCS 5/4-11 from Ch. 46, par. 4-11
10 ILCS 5/10-6 from Ch. 46, par. 10-6
10 ILCS 5/11-7 from Ch. 46, par. 11-7
10 ILCS 5/12-1 from Ch. 46, par. 12-1
10 ILCS 5/16-4.1 from Ch. 46, par. 16-4.1
10 ILCS 5/24-1.2 from Ch. 46, par. 24-1.2
70 ILCS 705/4.02 from Ch. 127 1/2, par. 24.02
110 ILCS 805/2-12.1 from Ch. 122, par. 102-12.1
110 ILCS 805/3-7 from Ch. 122, par. 103-7
Amends the Election Code, the Public Community College
Act and the Fire Protection District Act to abolish the
nonpartisan election held on the first Tuesday after the
first Monday in November of odd-numbered years. Transfers
elections of officers held at the nonpartisan election to the
consolidated election held on the first Tuesday in April of
odd-numbered years. Provides for the terms of incumbents
elected before the nonpartisan election is abolished to
expire one month after the election of their successors.
Effective immediately.
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1 AN ACT in relation to elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 1-3, 2A-1.1, 2A-1.2, 2A-36, 2A-43, 2A-48, 2A-49,
6 2A-50, 2A-51, 2A-52, 2A-54, 4-11, 10-6, 11-7, 12-1, 16-4.1
7 and 24-1.2 as follows:
8 (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
9 Sec. 1-3. As used in this Act, unless the context
10 otherwise requires:
11 1. "Election" includes the submission of all questions
12 of public policy, propositions, and all measures submitted to
13 popular vote, and includes primary elections when so
14 indicated by the context.
15 2. "Regular election" means the general, general
16 primary, nonpartisan, consolidated and consolidated primary
17 elections regularly scheduled in Article 2A. The even
18 numbered year municipal primary established in Article 2A is
19 a regular election only with respect to those municipalities
20 in which a primary is required to be held on such date.
21 3. "Special election" means an election not regularly
22 recurring at fixed intervals, irrespective of whether it is
23 held at the same time and place and by the same election
24 officers as a regular election.
25 4. "General election" means the biennial election at
26 which members of the General Assembly are elected. "General
27 primary election", "nonpartisan election", "consolidated
28 election" and "consolidated primary election" mean the
29 respective elections or the election dates designated and
30 established in Article 2A of this Code.
31 5. "Municipal election" means an election or primary,
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1 either regular or special, in cities, villages, and
2 incorporated towns; and "municipality" means any such city,
3 village or incorporated town.
4 6. "Political or governmental subdivision" means any
5 unit of local government, or school district in which
6 elections are or may be held. "Political or governmental
7 subdivision" also includes, for election purposes, Regional
8 Boards of School Trustees, and Township Boards of School
9 Trustees.
10 7. The word "township" and the word "town" shall apply
11 interchangeably to the type of governmental organization
12 established in accordance with the provisions of the Township
13 Code. The term "incorporated town" shall mean a municipality
14 referred to as an incorporated town in the Illinois Municipal
15 Code, as now or hereafter amended.
16 8. "Election authority" means a county clerk or a Board
17 of Election Commissioners.
18 9. "Election Jurisdiction" means (a) an entire county,
19 in the case of a county in which no city board of election
20 commissioners is located or which is under the jurisdiction
21 of a county board of election commissioners; (b) the
22 territorial jurisdiction of a city board of election
23 commissioners; and (c) the territory in a county outside of
24 the jurisdiction of a city board of election commissioners.
25 In each instance election jurisdiction shall be determined
26 according to which election authority maintains the permanent
27 registration records of qualified electors.
28 10. "Local election official" means the clerk or
29 secretary of a unit of local government or school district,
30 as the case may be, the treasurer of a township board of
31 school trustees, and the regional superintendent of schools
32 with respect to the various school officer elections and
33 school referenda for which the regional superintendent is
34 assigned election duties by The School Code, as now or
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1 hereafter amended.
2 11. "Judges of election", "primary judges" and similar
3 terms, as applied to cases where there are 2 sets of judges,
4 when used in connection with duties at an election during the
5 hours the polls are open, refer to the team of judges of
6 election on duty during such hours; and, when used with
7 reference to duties after the closing of the polls, refer to
8 the team of tally judges designated to count the vote after
9 the closing of the polls and the holdover judges designated
10 pursuant to Section 13-6.2 or 14-5.2. In such case, where,
11 after the closing of the polls, any act is required to be
12 performed by each of the judges of election, it shall be
13 performed by each of the tally judges and by each of the
14 holdover judges.
15 12. "Petition" of candidacy as used in Sections 7-10 and
16 7-10.1 shall consist of a statement of candidacy, candidate's
17 statement containing oath, and sheets containing signatures
18 of qualified primary electors bound together.
19 13. "Election district" and "precinct", when used with
20 reference to a 30-day residence requirement, means the
21 smallest constituent territory in which electors vote as a
22 unit at the same polling place in any election governed by
23 this Act.
24 14. "District" means any area which votes as a unit for
25 the election of any officer, other than the State or a unit
26 of local government or school district, and includes, but is
27 not limited to, legislative, congressional and judicial
28 districts, judicial circuits, county board districts,
29 municipal and sanitary district wards, school board
30 districts, and precincts.
31 15. "Question of public policy" or "public question"
32 means any question, proposition or measure submitted to the
33 voters at an election dealing with subject matter other than
34 the nomination or election of candidates and shall include,
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1 but is not limited to, any bond or tax referendum, and
2 questions relating to the Constitution.
3 16. "Ordinance providing the form of government of a
4 municipality or county pursuant to Article VII of the
5 Constitution" includes ordinances, resolutions and petitions
6 adopted by referendum which provide for the form of
7 government, the officers or the manner of selection or terms
8 of office of officers of such municipality or county,
9 pursuant to the provisions of Sections 4, 6 or 7 of Article
10 VII of the Constitution.
11 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
12 6-60, and 6-66 shall include a computer tape or computer disc
13 or other electronic data processing information containing
14 voter information.
15 18. "Accessible" means accessible to handicapped and
16 elderly individuals for the purpose of voting or
17 registration, as determined by rule of the State Board of
18 Elections.
19 19. "Elderly" means 65 years of age or older.
20 20. "Handicapped" means having a temporary or permanent
21 physical disability.
22 21. "Leading political party" means one of the two
23 political parties whose candidates for governor at the most
24 recent three gubernatorial elections received either the
25 highest or second highest average number of votes. The
26 political party whose candidates for governor received the
27 highest average number of votes shall be known as the first
28 leading political party and the political party whose
29 candidates for governor received the second highest average
30 number of votes shall be known as the second leading
31 political party.
32 22. "Business day" means any day in which the office of
33 an election authority, local election official or the State
34 Board of Elections is open to the public for a minimum of 7
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1 hours.
2 23. "Homeless individual" means any person who has a
3 nontraditional residence, including but not limited to, a
4 shelter, day shelter, park bench, street corner, or space
5 under a bridge.
6 (Source: P.A. 87-1241; 88-670, eff. 12-2-94.)
7 (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
8 Sec. 2A-1.1. All Elections - Consolidated Schedule. (a)
9 In even-numbered years, the general election shall be held on
10 the first Tuesday after the first Monday of November; and an
11 election to be known as the general primary election shall be
12 held on the third Tuesday in March;
13 (b) In odd-numbered years, an election to be known as
14 the consolidated election shall be held on the first Tuesday
15 in April except as provided in Section 2A-1.1a of this Act;
16 and an election to be known as the consolidated primary
17 election shall be held on the last Tuesday in February.;
18 (c) In odd-numbered years, an election to be known as
19 the nonpartisan election shall be held on the first Tuesday
20 after the first Monday in November.
21 (Source: P.A. 82-1014.)
22 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
23 Sec. 2A-1.2. Consolidated Schedule of Elections -
24 Offices Designated.
25 (a) At the general election in the appropriate
26 even-numbered years, the following offices shall be filled or
27 shall be on the ballot as otherwise required by this Code:
28 (1) Elector of President and Vice President of the
29 United States;
30 (2) United States Senator and United States
31 Representative;
32 (3) State Executive Branch elected officers;
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1 (4) State Senator and State Representative;
2 (5) County elected officers, including State's
3 Attorney, County Board member, County Commissioners, and
4 elected President of the County Board or County Chief
5 Executive;
6 (6) Circuit Court Clerk;
7 (7) Regional Superintendent of Schools, except in
8 counties or educational service regions in which that
9 office has been abolished;
10 (8) Judges of the Supreme, Appellate and Circuit
11 Courts, on the question of retention, to fill vacancies
12 and newly created judicial offices;
13 (9) (Blank);
14 (10) Trustee of the Metropolitan Sanitary District
15 of Chicago, and elected Trustee of other Sanitary
16 Districts;
17 (11) Special District elected officers, not
18 otherwise designated in this Section, where the statute
19 creating or authorizing the creation of the district
20 requires an annual election and permits or requires
21 election of candidates of political parties.
22 (b) At the general primary election:
23 (1) in each even-numbered year candidates of
24 political parties shall be nominated for those offices to
25 be filled at the general election in that year, except
26 where pursuant to law nomination of candidates of
27 political parties is made by caucus.
28 (2) in the appropriate even-numbered years the
29 political party offices of State central committeeman,
30 township committeeman, ward committeeman, and precinct
31 committeeman shall be filled and delegates and alternate
32 delegates to the National nominating conventions shall be
33 elected as may be required pursuant to this Code. In the
34 even-numbered years in which a Presidential election is
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1 to be held, candidates in the Presidential preference
2 primary shall also be on the ballot.
3 (3) in each even-numbered year, where the
4 municipality has provided for annual elections to elect
5 municipal officers pursuant to Section 6(f) or Section 7
6 of Article VII of the Constitution, pursuant to the
7 Illinois Municipal Code or pursuant to the municipal
8 charter, the offices of such municipal officers shall be
9 filled at an election held on the date of the general
10 primary election, provided that the municipal election
11 shall be a nonpartisan election where required by the
12 Illinois Municipal Code. For partisan municipal
13 elections in even-numbered years, a primary to nominate
14 candidates for municipal office to be elected at the
15 general primary election shall be held on the Tuesday 6
16 weeks preceding that election.
17 (4) in each school district which has adopted the
18 provisions of Article 33 of the School Code, successors
19 to the members of the board of education whose terms
20 expire in the year in which the general primary is held
21 shall be elected.
22 (c) At the consolidated election in the appropriate
23 odd-numbered years, the following offices shall be filled:
24 (1) Municipal officers, provided that in
25 municipalities in which candidates for alderman or other
26 municipal office are not permitted by law to be
27 candidates of political parties, the runoff election
28 where required by law, or the nonpartisan election where
29 required by law, shall be held on the date of the
30 consolidated election; and provided further, in the case
31 of municipal officers provided for by an ordinance
32 providing the form of government of the municipality
33 pursuant to Section 7 of Article VII of the Constitution,
34 such offices shall be filled by election or by runoff
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1 election as may be provided by such ordinance;
2 (2) Village and incorporated town library
3 directors;
4 (3) City boards of stadium commissioners;
5 (4) Commissioners of park districts;
6 (5) Trustees of public library districts;
7 (6) Special District elected officers, not
8 otherwise designated in this section, where the statute
9 creating or authorizing the creation of the district
10 permits or requires election of candidates of political
11 parties;
12 (7) Township officers, including township park
13 commissioners, township library directors, and boards of
14 managers of community buildings, and Multi-Township
15 Assessors;
16 (8) Highway commissioners and road district clerks;
17 (9) Members of school boards in school districts
18 which adopt Article 33 of the School Code;
19 (10) The directors and chairman of the Chain O
20 Lakes - Fox River Waterway Management Agency;
21 (11) Forest preserve district commissioners elected
22 under Section 3.5 of the Downstate Forest Preserve
23 District Act;.
24 (12) Elected members of school boards, school
25 trustees, directors of boards of school directors,
26 trustees of county boards of school trustees (except in
27 counties or educational service regions having a
28 population of 2,000,000 or more inhabitants) and members
29 of boards of school inspectors, except school boards in
30 school districts that adopt Article 33 of the School
31 Code;
32 (13) Members of Community College district boards;
33 (14) Trustees of Fire Protection Districts;
34 (15) Commissioners of the Springfield Metropolitan
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1 Exposition and Auditorium Authority;
2 (16) Elected Trustees of Tuberculosis Sanitarium
3 Districts;
4 (17) Elected Officers of special districts not
5 otherwise designated in this Section for which the law
6 governing those districts does not permit candidates of
7 political parties.
8 (d) At the consolidated primary election in each
9 odd-numbered year, candidates of political parties shall be
10 nominated for those offices to be filled at the consolidated
11 election in that year, except where pursuant to law
12 nomination of candidates of political parties is made by
13 caucus, and except those offices listed in paragraphs (12)
14 through (17) of subsection (c).
15 At the consolidated primary election in the appropriate
16 odd-numbered years, the mayor, clerk, treasurer, and aldermen
17 shall be elected in municipalities in which candidates for
18 mayor, clerk, treasurer, or alderman are not permitted by law
19 to be candidates of political parties, subject to runoff
20 elections to be held at the consolidated election as may be
21 required by law, and municipal officers shall be nominated in
22 a nonpartisan election in municipalities in which pursuant to
23 law candidates for such office are not permitted to be
24 candidates of political parties.
25 At the consolidated primary election in the appropriate
26 odd-numbered years, municipal officers shall be nominated or
27 elected, or elected subject to a runoff, as may be provided
28 by an ordinance providing a form of government of the
29 municipality pursuant to Section 7 of Article VII of the
30 Constitution.
31 (e) (Blank). At the nonpartisan election in each
32 odd-numbered year the following offices shall be filled in
33 nonpartisan elections:
34 (1) Elected members of school boards, school
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1 trustees, directors of boards of school directors,
2 trustees of county boards of school trustees (except in
3 counties or educational service regions having a
4 population of 2,000,000 or more inhabitants), and members
5 of boards of school inspectors, except school boards in
6 school districts which adopt Article 33 of the School
7 Code;
8 (2) Member of Community College district boards;
9 (3) Trustee of Fire Protection Districts;
10 (4) Commissioner of Springfield Metropolitan
11 Exposition and Auditorium Authority;
12 (5) Elected Trustees of Tuberculosis Sanitarium
13 Districts;
14 (6) Elected Officers of special districts not
15 otherwise designated in this Section for which the law
16 governing such districts does not permit candidates of
17 political parties.
18 (f) At any election established in Section 2A-1.1,
19 public questions may be submitted to voters pursuant to this
20 Code and any special election otherwise required or
21 authorized by law or by court order may be conducted pursuant
22 to this Code.
23 Notwithstanding the regular dates for election of
24 officers established in this Article, whenever a referendum
25 is held for the establishment of a political subdivision
26 whose officers are to be elected, the initial officers shall
27 be elected at the election at which such referendum is held
28 if otherwise so provided by law. In such cases, the election
29 of the initial officers shall be subject to the referendum.
30 Notwithstanding the regular dates for election of
31 officials established in this Article, any community college
32 district which becomes effective by operation of law pursuant
33 to Section 6-6.1 of the Public Community College Act, as now
34 or hereafter amended, shall elect the initial district board
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1 members at the next regularly scheduled election following
2 the effective date of the new district.
3 (g) At any election established in Section 2A-1.1, if in
4 any precinct there are no offices or public questions
5 required to be on the ballot under this Code then no election
6 shall be held in the precinct on that date.
7 (h) Except at the nonpartisan election in 1981, There
8 may be conducted a referendum in accordance with the
9 provisions of Division 6-4 of the Counties Code.
10 (Source: P.A. 88-89; 88-443; 88-670, eff. 12-2-94; 89-5, eff.
11 1-1-96; 89-95, eff. 1-1-96; 89-626, eff. 8-9-96.)
12 (10 ILCS 5/2A-36) (from Ch. 46, par. 2A-36)
13 Sec. 2A-36. Fire Protection District - Trustee - Time of
14 Election. A trustee of a Fire Protection District which
15 elects its trustees shall be elected at each consolidated
16 nonpartisan election in odd-numbered years to succeed each
17 incumbent trustee whose term expires before the following
18 consolidated nonpartisan election.
19 (Source: P.A. 80-936.)
20 (10 ILCS 5/2A-43) (from Ch. 46, par. 2A-43)
21 Sec. 2A-43. Springfield Metropolitan Exposition and
22 Auditorium Authority - Commissioner - Time of Election. A
23 commissioner of the Springfield Metropolitan Exposition and
24 Auditorium Authority shall be elected at the consolidated
25 nonpartisan election of each odd-numbered year to succeed
26 each incumbent commissioner whose term expires before the
27 following consolidated nonpartisan election.
28 (Source: P.A. 80-936.)
29 (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
30 Sec. 2A-48. Board of School Directors - Member - Time of
31 Election. A member of a Board of School Directors or a member
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1 of an elected Board of Education, as the case may be, shall
2 be elected at each consolidated nonpartisan election to
3 succeed each incumbent member whose term ends before the
4 following consolidated nonpartisan election.
5 (Source: P.A. 80-936.)
6 (10 ILCS 5/2A-49) (from Ch. 46, par. 2A-49)
7 Sec. 2A-49. Board of School Inspectors - Member - Time
8 of Election. A member of a Board of School Inspectors shall
9 be elected at the consolidated nonpartisan election which
10 immediately precedes the expiration of the term of any
11 incumbent school inspector, to succeed each incumbent school
12 inspector whose term ends before the following consolidated
13 nonpartisan election.
14 (Source: P.A. 80-936.)
15 (10 ILCS 5/2A-50) (from Ch. 46, par. 2A-50)
16 Sec. 2A-50. Regional Board of School Trustees - Trustee
17 - Time of Election. Except in educational service regions
18 having a population of 2,000,000 or more inhabitants, a
19 trustee of a Regional Board of School Trustees shall be
20 elected at the consolidated nonpartisan election to succeed
21 each incumbent trustee whose term ends before the following
22 consolidated nonpartisan election.
23 (Source: P.A. 87-969.)
24 (10 ILCS 5/2A-51) (from Ch. 46, par. 2A-51)
25 Sec. 2A-51. Schools - Trustee - Time of Election.
26 Except in a township in which all school districts located
27 therein have withdrawn from the jurisdiction and authority of
28 the trustees of schools under the provisions of subsection
29 (b) of Section 5-1 of the School Code and except in townships
30 in which the office of trustee of schools has been abolished
31 as provided in subsection (c) of Section 5-1 of the School
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1 Code, a trustee of schools shall be elected in townships at
2 the consolidated nonpartisan election which immediately
3 precedes the expiration of the term of any incumbent trustee,
4 to succeed each incumbent trustee whose term ends before the
5 following consolidated nonpartisan election.
6 (Source: P.A. 86-1441; 87-473.)
7 (10 ILCS 5/2A-52) (from Ch. 46, par. 2A-52)
8 Sec. 2A-52. Community College District - Member - Time
9 of Election. A member of the Board of a Community College
10 District shall be elected at each consolidated nonpartisan
11 election to succeed each elected incumbent member of the
12 Board whose term expires before the following consolidated
13 nonpartisan election.
14 (Source: P.A. 80-936.)
15 (10 ILCS 5/2A-54) (from Ch. 46, par. 2A-54)
16 Sec. 2A-54. In those cases in which the election to an
17 office is changed by the consolidation of elections to an
18 earlier or later month in the same year or to a different
19 year, the term of any incumbent serving on December 1, 1980
20 is extended to the first Monday in the first month following
21 the election of his successor and until the successor has
22 qualified, and the term of the successor in office shall
23 commence on that first Monday.
24 The term of office of a person elected at a nonpartisan
25 election whose term begins before the effective date of this
26 amendatory Act of 1997 shall expire on the date that his or
27 her term would have expired had this amendatory Act of 1997
28 not been enacted. The term of office of a person elected at
29 a consolidated election held on or after the effective date
30 of this amendatory Act of 1997 to succeed to a term of office
31 of a person elected at a nonpartisan election shall begin
32 upon the termination of the predecessor's term of office. The
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1 term of office of a person elected to succeed to a term of
2 office of a person elected at a nonpartisan election shall
3 end after the next consolidated election at which a successor
4 is elected and at the regularly scheduled time for the ending
5 of terms of office as provided in the Act or Acts creating or
6 governing that unit of local government or school district.
7 However, this general provision for the transition of
8 terms of office in relation to the adoption of a uniform
9 schedule of elections shall be subject to the specific
10 provisions for the transition of terms of office in the
11 several Acts creating or governing the creation of various
12 units of local government and school districts, as amended.
13 (Source: P.A. 81-1433.)
14 (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
15 Sec. 4-11. At least 2 weeks prior to the general
16 November election in each even numbered year and the
17 consolidated nonpartisan election in each odd-numbered year
18 the county clerk shall cause a list to be made for each
19 precinct of all names upon the registration record cards not
20 marked or erased, in alphabetical order, with the address,
21 provided, that such list may be arranged geographically, by
22 street and number, in numerical order, with respect to all
23 precincts in which all, or substantially all residences of
24 voters therein shall be located upon and numbered along
25 streets, avenues, courts, or other highways which are either
26 named or numbered, upon direction either of the county board
27 or of the circuit court. On the list, the county clerk shall
28 indicate, by italics, asterisk, or other means, the names of
29 all persons who have registered since the last regularly
30 scheduled election in the consolidated schedule of elections
31 established in Section 2A-1.1 of this Act. The county clerk
32 shall cause such precinct lists to be printed or typed in
33 sufficient numbers to meet all reasonable demands, and upon
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1 application a copy of the same shall be given to any person
2 applying therefor. By such time, the county clerk shall give
3 the precinct lists to the chairman of a county central
4 committee of an established political party, as such party is
5 defined in Section 10-2 of this Act, or to the chairman's
6 duly authorized representative. Within 30 days of the
7 effective date of this Amendatory Act of 1983, the county
8 clerk shall give the precinct lists compiled prior to the
9 general November election of 1982 to the chairman of county
10 central committee of an established political party or to the
11 chairman's duly authorized representative.
12 Prior to the opening of the polls for other elections,
13 the county clerk shall transmit or deliver to the judges of
14 election of each polling place a corrected list of registered
15 voters in the precinct, or the names of persons added to and
16 erased or withdrawn from the list for such precinct. At
17 other times such list, currently corrected, shall be kept
18 available for public inspection in the office of the county
19 clerk.
20 Within 60 days after each general election the county
21 clerk shall indicate by italics, asterisk, or other means, on
22 the list of registered voters in each precinct, each
23 registrant who voted at that general election, and shall
24 provide a copy of such list to the chairman of the county
25 central committee of each established political party or to
26 the chairman's duly authorized representative.
27 Within 60 days after the effective date of this
28 amendatory Act of 1983, the county clerk shall indicate by
29 italics, asterisk, or other means, on the list of registered
30 voters in each precinct, each registrant who voted at the
31 general election of 1982, and shall provide a copy of such
32 coded list to the chairman of the county central committee of
33 each established political party or to the chairman's duly
34 authorized representative.
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1 The county clerk may charge a fee to reimburse the actual
2 cost of duplicating each copy of a list provided under
3 either of the 2 preceding paragraphs.
4 (Source: P.A. 83-1263.)
5 (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
6 Sec. 10-6. Except as provided in Section 10-3,
7 certificates of nomination and nomination papers for the
8 nomination of candidates for offices to be filled by electors
9 of the entire State, or any district not entirely within a
10 county, or for congressional, state legislative or judicial
11 offices, shall be presented to the principal office of the
12 State Board of Elections not more than 99 nor less than 92
13 days previous to the day of election for which the candidates
14 are nominated. The State Board of Elections shall endorse
15 the certificates of nomination or nomination papers, as the
16 case may be, and the date and hour of presentment to it.
17 Except as otherwise provided in this section, all other
18 certificates for the nomination of candidates shall be filed
19 with the county clerk of the respective counties not more
20 than 99 but at least 92 days previous to the day of such
21 election. Certificates of nomination and nomination papers
22 for the nomination of candidates for the offices of political
23 subdivisions to be filled at regular elections other than the
24 general election shall be filed with the local election
25 official of such subdivision:
26 (1) (Blank); not more than 78 or less than 71 days prior
27 to the nonpartisan election; or
28 (2) not more than 78 nor less than 71 days prior to the
29 consolidated election; or
30 (3) not more than 78 nor less than 71 days prior to the
31 general primary in the case of municipal offices to be filled
32 at the general primary election; or
33 (4) not more than 78 nor less than 71 days before the
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1 consolidated primary in the case of municipal offices to be
2 elected on a nonpartisan basis pursuant to law (including
3 without limitation, those municipal offices subject to
4 Articles 4 and 5 of the Municipal Code); or
5 (5) not more than 78 nor less than 71 days before the
6 municipal primary in even numbered years for such nonpartisan
7 municipal offices where annual elections are provided; or
8 (6) in the case of petitions for the office of
9 multi-township assessor, such petitions shall be filed with
10 the election authority not more than 78 nor less than 71 days
11 before the consolidated election.
12 However, where a political subdivision's boundaries are
13 co-extensive with or are entirely within the jurisdiction of
14 a municipal board of election commissioners, the certificates
15 of nomination and nomination papers for candidates for such
16 political subdivision offices shall be filed in the office of
17 such Board.
18 (Source: P.A. 84-861.)
19 (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
20 Sec. 11-7. For the purpose of the conduct of any
21 consolidated election, consolidated primary election,
22 nonpartisan election, special municipal primary election or
23 emergency referendum, an election authority may cluster up to
24 four contiguous precincts as provided in this Section, which
25 shall constitute a clustered voting zone. The common polling
26 place for the clustered voting zone shall be located within
27 the territory comprising the clustered precincts. Unless the
28 election authority specifies a larger number, only one
29 election judge shall be appointed for each of the precincts
30 in each clustered voting zone.
31 The judges so appointed may not all be affiliated with
32 the same political party.
33 The conduct of an election in a clustered voting zone
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1 shall be under the general supervision of all the judges of
2 election designated to serve in the clustered voting zone.
3 The designated judges may perform the duties of election
4 judges for the entire clustered voting zone. However, the
5 requirements of Section 17-14 shall apply to voter
6 assistance, the requirements of Section 24-10 shall apply to
7 voter instruction, the requirement of Section 24A-10 shall
8 apply to examination of absentee ballots, and any disputes as
9 to entitlement to vote, challenges, counting of ballots or
10 other matters pertaining directly to voting shall be decided
11 by those designated judges appointed for the precinct in
12 which the affected voter resides or the disputed vote is to
13 be counted.
14 This Section does not apply to any elections in
15 municipalities with more than 1,000,000 inhabitants.
16 (Source: P.A. 83-685.)
17 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
18 Sec. 12-1. At least 60 days prior to each general and,
19 consolidated and nonpartisan election, the election
20 authority shall provide public notice, calculated to reach
21 elderly and handicapped voters, of the availability of
22 registration and voting aids under the Federal Voting
23 Accessibility for the Elderly and Handicapped Act, of the
24 availability of assistance in marking the ballot, and
25 procedures for voting by absentee ballot.
26 At least 30 days before any general election, and at
27 least 20 days before any special congressional election, the
28 county clerk shall publish a notice of the election in 2 or
29 more newspapers published in the county, city, village,
30 incorporated town or town, as the case may be, or if there is
31 no such newspaper, then in any 2 or more newspapers published
32 in the county and having a general circulation throughout the
33 community. The notice may be substantially as follows:
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1 Notice is hereby given that on (give date), at (give the
2 place of holding the election and the name of the precinct or
3 district) in the county of (name county), an election will be
4 held for (give the title of the several offices to be
5 filled), which election will be open at 6:00 a. m. and
6 continued open until 7:00 p. m. of that day.
7 Dated at .... this .... day of ...., 19...
8 (Source: P.A. 84-808.)
9 (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
10 Sec. 16-4.1. Ballots; Form; Nonpartisan and Consolidated
11 Elections. This Section shall apply only to the nonpartisan
12 election, the consolidated primary election, and the
13 consolidated election, except as otherwise expressly provided
14 herein.
15 The ballot for the nomination or election of officers of
16 each political subdivision shall be considered a separate
17 ballot, and candidates for such offices shall be grouped
18 together. Where paper ballots are used, the names of
19 candidates for nomination or election to more than one
20 political subdivision may be contained on a common ballot,
21 provided that such ballot clearly indicates and separates
22 each political subdivision from which such officers are to be
23 nominated or elected. In the case of partisan elections of
24 officers, a separate party circle shall be included at the
25 head of the portion of the ballot for each political
26 subdivision for which candidates of political parties have
27 been nominated. When an electronic voting system is used
28 which utilizes a ballot label booklet, the party circles for
29 straight party voting shall be on the same ballot page on
30 which are listed the candidates for the political subdivision
31 election for which that party circle applies.
32 At the consolidated nonpartisan election, the ballot for
33 school district offices shall precede the ballot for
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1 community college district offices, and thereafter the ballot
2 order of the political subdivision officers to be elected
3 shall be as determined by the election authority. In the
4 case of school districts other than community consolidated
5 school districts, the ballot for non-high school district
6 offices shall precede the ballot for high school district
7 offices.
8 At the consolidated primary and at the consolidated
9 election, the ballot for nomination or election of municipal
10 officers shall precede the ballot for township officers. At
11 the consolidated election, following the ballot for municipal
12 and township offices shall be the ballots for park district
13 and library district offices, following which shall be the
14 ballots for other political subdivision offices in the order
15 determined by the election authority.
16 The election authority, in determining the order of
17 ballot placement for offices of political subdivisions whose
18 ballot placement is not specified in this Section, shall give
19 due regard to the clarity of the ballot presentation to the
20 voters, cost and administrative ease, and the requirement to
21 provide separate ballot formats within precincts in which the
22 electors are not entitled to vote for the same offices or
23 propositions. At the request of a political subdivision
24 which extends into more than one election jurisdiction, the
25 election authority shall endeavor to coordinate placement and
26 color of the ballot for such subdivision with the other
27 election authorities responsible for preparing ballots for
28 such subdivision election. The election authority may
29 conduct a lottery to determine the order of ballot placement
30 of political subdivision ballots where such order is not
31 specified in this Section. Such lottery may be conducted
32 jointly by two or more election authorities.
33 (Source: P.A. 81-1433.)
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1 (10 ILCS 5/24-1.2) (from Ch. 46, par. 24-1.2)
2 Sec. 24-1.2. Paper ballots may be used for the conduct
3 of the non-partisan election and the consolidated election
4 elections in odd-numbered years, the special municipal
5 primary in even-numbered years, and emergency referenda held
6 at any time, except in regular elections in which the only
7 offices or propositions on the ballot are for political
8 subdivisions for which offices have heretofore been voted on
9 using voting machines or electronic voting systems and except
10 as otherwise provided by regulation of the State Board of
11 Elections adopted pursuant to this Section.
12 The State Board of Elections may adopt regulations
13 requiring the use of voting machines or electronic voting
14 devices, as are available in the jurisdiction of the election
15 authority, in such elections. Such regulations shall be
16 applicable uniformly statewide, and shall require the use of
17 such voting equipment only in those elections and only in
18 those precincts where (1) the ballots to be voted are
19 complex, due to large numbers of offices, candidates, or
20 public questions required to be on the ballot, (2) the number
21 of political subdivisions whose officers or public questions
22 are to be included on the ballot is substantial, and (3) the
23 use of such voting equipment is efficient, cost effective,
24 and does not result in unjustified election expenses to be
25 reimbursed by the political subdivisions that will share such
26 expenses pursuant to Sections 17-30 through 17-33. Such
27 regulations may provide reasonable classifications based on
28 the above factors.
29 (Source: P.A. 80-1469.)
30 Section 6. The Springfield Metropolitan Exposition and
31 Auditorium Authority Act is amended by changing Section 17 as
32 follows:
33 (70 ILCS 345/17) (from Ch. 85, par. 1267)
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1 Sec. 17. As soon as practicably possible after the
2 appointment of the initial members and, thereafter, within 15
3 days of each election of members, the Board shall organize
4 for the transaction of business, select a chairman,
5 vice-chairman, and a temporary secretary from its own number,
6 and adopt by-laws and regulations to govern its proceedings.
7 The initial chairman and his successors shall be elected by
8 the Board from time to time for the term of his office as a
9 member of the Board. Terms of members are subject to
10 Section 2A-54 of the Election Code.
11 (Source: P.A. 79-529.)
12 Section 10. The Fire Protection District Act is amended
13 by changing Sections 4.02 and 4a as follows:
14 (70 ILCS 705/4.02) (from Ch. 127 1/2, par. 24.02)
15 Sec. 4.02. In a district governed by an elected or
16 appointed 5-member board, upon presentation of a petition,
17 signed by not less than 5% of the electors of the district
18 governed by the board, requesting that a proposition to
19 increase the board of trustees to a 7-member board be
20 submitted to the electors of the district, the secretary of
21 the board of trustees shall certify the proposition to the
22 appropriate election authorities who shall submit the
23 proposition at a regular election in accordance with the
24 general election law. The general election law shall apply
25 to and govern such election. The proposition shall be in
26 substantially the following form:
27 -------------------------------------------------------------
28 Shall the number of trustees YES
29 of ..... Fire Protection District ------------------------
30 be increased from 5 to 7? NO
31 -------------------------------------------------------------
32 If a majority of the votes cast on such proposition are
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1 in the affirmative, the board of trustees of the district
2 shall thereafter be increased to a 7-member board and the 2
3 additional trustees shall be appointed as provided by Section
4 4.01 in a district governed by an appointed board of
5 trustees.
6 In a district governed by an elected 5-member board, if a
7 majority of the votes cast on such proposition are in the
8 affirmative, three trustees shall be elected at the next
9 consolidated nonpartisan election and shall serve one for 2
10 years, one for 4 years and one for 6 years, the length of the
11 term of each to be determined by lot at the first board
12 meeting following the election. Thereafter, one trustee or
13 two trustees, as necessary to maintain a 7-member board of
14 trustees, shall be elected at the election provided by the
15 general election law for a term of 6 years.
16 Trustees in office on the effective date of this
17 amendatory Act of 1987 shall continue to hold office for the
18 remainder of their terms. The term of each elected trustee
19 shall commence on the first Monday in the month following his
20 election and each shall hold office until his term expires
21 and until a successor is elected and qualified.
22 (Source: P.A. 85-535.)
23 (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
24 Sec. 4a. Any fire protection district organized under
25 this Act may determine, in either manner provided in the
26 following items (1) and (2) of this Section, to have an
27 elected, rather than an appointed, board of trustees.
28 (1) If the district lies wholly within a single
29 township but does not also lie wholly within a
30 municipality, the township board of trustees may
31 determine, by ordinance, to have an elected board of
32 trustees.
33 (2) Upon presentation to the board of trustees of a
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1 petition, signed by not less than 10% of the electors of
2 the district, requesting that a proposition for the
3 election of trustees be submitted to the electors of the
4 district, the secretary of the board of trustees shall
5 certify the proposition to the appropriate election
6 authorities who shall submit the proposition at a regular
7 election in accordance with the general election law.
8 The general election law shall apply to and govern such
9 election. The proposition shall be in substantially the
10 following form:
11 -------------------------------------------------------------
12 Shall the trustees of...... YES
13 Fire Protection District be --------------------
14 elected, rather than appointed? NO
15 -------------------------------------------------------------
16 If a majority of the votes cast on such proposition
17 are in the affirmative, the trustees of the district
18 shall thereafter be elected as provided by this Section.
19 At the next regular election for trustees as provided by
20 the general election law, a district that has approved by
21 ordinance or referendum to have its trustees elected rather
22 than appointed shall elect 3, 5, or 7 trustees, as previously
23 determined by the organization of the district or as
24 increased under Section 4.01 or 4.02. The initial elected
25 trustees shall be elected for 2, 4, and 6 year terms. In a
26 district with 3 trustees, one trustee shall be elected for a
27 term of 2 years, one for a term of 4 years, and one for a
28 term of 6 years. In a district with 5 trustees, 2 shall be
29 elected for terms of 2 years, 2 for terms of 4 years, and one
30 for a term of 6 years. In a district with 7 trustees, 3
31 shall be elected for terms of 2 years, 2 for terms of 4
32 years, and 2 for terms of 6 years. Except as otherwise
33 provided in Section 2A-54 of the Election Code, the term of
34 each elected trustee shall commence on the first Monday of
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1 the month following the month of his election and until his
2 successor is elected and qualified. The length of the terms
3 of the trustees first elected shall be determined by lot at
4 their first meeting. Except as otherwise provided in Section
5 2A-54 of the Election Code, thereafter, each trustee shall be
6 elected to serve for a term of 6 years commencing on the
7 first Monday of the month following the month of his election
8 and until his successor is elected and qualified.
9 No party designation shall appear on the ballot for
10 election of trustees. The provisions of the general election
11 law shall apply to and govern the nomination and election of
12 trustees.
13 The provisions of Section 4 relating to eligibility,
14 powers and disabilities of trustees shall apply equally to
15 elected trustees.
16 Whenever a fire protection district determines to elect
17 trustees as provided in this Section, the trustees appointed
18 pursuant to Section 4 shall continue to constitute the board
19 of trustees until the first Monday of the month following the
20 month of the first election of trustees. If the term of
21 office of any appointed trustees expires before the first
22 election of trustees, the authority which appointed that
23 trustee under Section 4 of this Act shall appoint a successor
24 to serve until a successor is elected and has qualified. The
25 terms of all appointed trustees in such district shall expire
26 on the first Monday of the month following the month of the
27 first election of trustees under this Section or when
28 successors have been elected and have qualified, whichever
29 occurs later.
30 (Source: P.A. 88-440.)
31 Section 11. The School Code is amended by changing
32 Sections 6-17, 10-5, and 10-10 as follows:
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1 (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
2 Sec. 6-17. Election of president - Terms of members.
3 Except as otherwise provided in Section 2A-54 of the Election
4 Code, on the first Monday in May January, following the first
5 election, or if such day is a holiday then the next day, the
6 regional superintendent of schools who shall be the
7 ex-officio secretary of the board shall convene the newly
8 elected regional board of school trustees for the purpose of
9 organization. Except as provided in Section 2A-54 of the
10 Election Code, at this meeting the members shall elect a
11 president from among their number who shall serve as
12 president for a term of 2 years and shall determine by lot
13 the length of the term of each member so that 2 shall serve
14 for a term of 2 years, 2 for 4 years and 3 for 6 years from
15 the first Monday of the month following the date of their
16 election. Except as provided in Section 2A-54 of the Election
17 Code, thereafter members shall be elected to serve for a term
18 of 6 years from the first Monday of the month following the
19 date of their election or until their successors are elected
20 and qualified.
21 All succeeding meetings for the purpose of organization
22 shall be held on the first Monday in May January following
23 the election; however, in case the first Monday in May
24 January is a holiday the organization meeting shall be held
25 on the next day.
26 If educational service regions are consolidated under
27 Section 3A-3 or 3A-4 of this Act, however, the expiring terms
28 of members of each regional board of school trustees in those
29 regions being consolidated shall be extended so as to
30 terminate on the first Monday of August of the year that
31 consolidation takes effect, as defined in Section 3A-5 of
32 this Act, and, on such day, the Regional Superintendent of
33 the consolidated region shall convene all the members of each
34 regional board of school trustees in the consolidated region,
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1 and shall by lot select from among such trustees an interim
2 regional board of school trustees for the consolidated region
3 in accord with the specifications as to membership and
4 residency in Section 6-2. The interim board so selected
5 shall serve until their successors are elected at the
6 succeeding regular election of regional school trustees and
7 have qualified. A single regional board of school trustees
8 shall be elected at such succeeding regular election to take
9 office on the first Monday of the month following such
10 election. The board elected for the consolidated region
11 shall be convened on such first Monday of the month following
12 such election for organizational purposes, to elect a
13 president and determine terms for its members by lot as
14 provided in this Section. The respective regional boards of
15 school trustees of educational service regions involved in
16 consolidations under Section 3A-3 or 3A-4 shall cease to
17 exist at the time the board elected for the consolidated
18 region is so organized.
19 (Source: P.A. 80-231; 80-1469; 80-1494.)
20 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
21 Sec. 10-5. Organization of board - Report to treasurer
22 and regional superintendent of schools. Within 7 days after
23 the regular election of directors, the directors shall meet
24 and organize by appointing one of their number president and
25 another as clerk. The clerk shall at once report to the
26 treasurer and regional superintendent of schools the names of
27 the president and clerk so appointed. Terms of members are
28 subject to Section 2A-54 of the Election Code.
29 (Source: P.A. 81-1490.)
30 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
31 Sec. 10-10. Board of education - Term - Vacancy. All
32 school districts having a population of not fewer than 1,000
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1 and not more than 500,000 inhabitants, as ascertained by any
2 special or general census, and not governed by special Acts,
3 shall be governed by a board of education consisting of 7
4 members, serving without compensation except as herein
5 provided. Each member shall be elected for a term of 4
6 years. If 5 members are elected in 1983 pursuant to the
7 extension of terms provided by law for transition to the
8 consolidated election schedule under the general election
9 law, 2 of those members shall be elected to serve terms of 2
10 years and 3 shall be elected to serve terms of 4 years; their
11 successors shall serve for a 4 year term. When the voters of
12 a district have voted to elect members of the board of
13 education for 6 year terms, as provided in Section 9-5, the
14 terms of office of members of the board of education of that
15 district expire when their successors assume office but not
16 later than 7 days after such election. If at the regular
17 school election held in the first odd-numbered year after the
18 determination to elect members for 6 year terms 2 members are
19 elected, they shall serve for a 6 year term; and of the
20 members elected at the next regular school election 3 shall
21 serve for a term of 6 years and 2 shall serve a term of 2
22 years. Thereafter members elected in such districts shall be
23 elected to a 6 year term. If at the regular school election
24 held in the first odd-numbered year after the determination
25 to elect members for 6 year terms 3 members are elected, they
26 shall serve for a 6 year term; and of the members elected at
27 the next regular school election 2 shall serve for a term of
28 2 years and 2 shall serve for a term of 6 years. Thereafter
29 members elected in such districts shall be elected to a 6
30 year term. If at the regular school election held in the
31 first odd-numbered year after the determination to elect
32 members for 6 year terms 4 members are elected, 3 shall serve
33 for a term of 6 years and one shall serve for a term of 2
34 years; and of the members elected at the next regular school
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1 election 2 shall serve for terms of 6 years and 2 shall serve
2 for terms of 2 years. Thereafter members elected in such
3 districts shall be elected to a 6 year term. If at the
4 regular school election held in the first odd-numbered year
5 after the determination to elect members for a 6 year term 5
6 members are elected, 3 shall serve for a term of 6 years and
7 2 shall serve for a term of 2 years; and of the members
8 elected at the next regular school election 2 shall serve for
9 terms of 6 years and 2 shall serve for terms of 2 years.
10 Thereafter members elected in such districts shall be elected
11 to a 6 year term. An Election for board members shall not be
12 held in school districts which by consolidation, annexation
13 or otherwise shall cease to exist as a school district within
14 six months after the election date, and the term of all board
15 members which would otherwise terminate shall be continued
16 until such district shall cease to exist. Each member shall,
17 on the date of his election, be a citizen of the United
18 States of the age of 18 years or over, a resident of the
19 state and the territory of the district for at least one year
20 immediately preceding his election, a registered voter as
21 provided in the general election law, and shall not be a
22 school trustee or a school treasurer. When the board of
23 education is the successor of the school directors, all
24 rights of property, and all rights regarding causes of action
25 existing or vested in such directors, shall vest in it as
26 fully as they were vested in the school directors. Terms of
27 members are subject to Section 2A-54 of the Election Code.
28 Nomination papers filed under this Section are not valid
29 unless the candidate named therein files with the secretary
30 of the board of education or with a person designated by the
31 board to receive nominating petitions a receipt from the
32 county clerk showing that the candidate has filed a statement
33 of economic interests as required by the Illinois
34 Governmental Ethics Act. Such receipt shall be so filed
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1 either previously during the calendar year in which his
2 nomination papers were filed or within the period for the
3 filing of nomination papers in accordance with the general
4 election law.
5 Whenever a vacancy occurs, the remaining members shall
6 notify the regional superintendent of that vacancy within 5
7 days after its occurrence and shall proceed to fill the
8 vacancy until the next regular school election, at which
9 election a successor shall be elected to serve the remainder
10 of the unexpired term. However, if the vacancy occurs with
11 less than 868 days remaining in the term, or if the vacancy
12 occurs less than 88 days before the next regularly scheduled
13 election for this office then the person so appointed shall
14 serve the remainder of the unexpired term, and no election to
15 fill the vacancy shall be held. Should they fail so to act,
16 within 45 days after the vacancy occurs, the regional
17 superintendent of schools under whose supervision and control
18 the district is operating, as defined in Section 3-14.2 of
19 this Act, shall within 30 days after the remaining members
20 have failed to fill the vacancy, fill the vacancy as provided
21 for herein. Upon the regional superintendent's failure to
22 fill the vacancy, the vacancy shall be filled at the next
23 regularly scheduled election. Whether elected or appointed
24 by the remaining members or regional superintendent, the
25 successor shall be an inhabitant of the particular area from
26 which his or her predecessor was elected if the residential
27 requirements contained in Section 11A-8, 11B-7, or 12-2 of
28 this Act apply.
29 (Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96.)
30 Section 15. The Public Community College Act is amended
31 by changing Sections 2-12.1, 3-7, and 3-8 as follows:
32 (110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)
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1 Sec. 2-12.1. Experimental district; abolition of
2 experimental district and establishment of new community
3 college district.
4 (a) The State Board shall establish an experimental
5 community college district, referred to in this Act as the
6 "experimental district", to be comprised of territory which
7 includes the City of East St. Louis, Illinois. The State
8 Board shall determine the area and fix the boundaries of the
9 territory of the experimental district. Within 30 days of the
10 establishment of the experimental district, the State Board
11 shall file with the county clerk of the county, or counties,
12 concerned a map showing the territory of the experimental
13 district.
14 Within the experimental district, the State Board shall
15 establish, maintain and operate, until the experimental
16 district is abolished and a new community college district is
17 established under subsection (c), an experimental community
18 college to be known as the State Community College of East
19 St. Louis.
20 (b) (Blank).
21 (c) The experimental district shall be abolished and
22 replaced by a new community college district as follows:
23 (1) The establishment of the new community college
24 district shall become effective for all purposes on July
25 1, 1996, notwithstanding any minimum population,
26 equalized assessed valuation or other requirements
27 provided by Section 3-1 or any other provision of this
28 Act for the establishment of a community college
29 district.
30 (2) The experimental district established pursuant
31 to subsection (a) shall be abolished on July 1, 1996 when
32 the establishment of the new community college district
33 becomes effective for all purposes.
34 (3) The territory of the new community college
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1 district shall be comprised of the territory of, and its
2 boundaries shall be coterminous with the boundaries of
3 the experimental district which it will replace, as those
4 boundaries existed on November 7, 1995.
5 (4) Notwithstanding the fact that the establishment
6 of the new community college district does not become
7 effective for all purposes until July 1, 1996, the
8 election for the members of the initial board of the new
9 community college district, to consist of 7 members,
10 shall be held at the nonpartisan election in November of
11 1995 in the manner provided by the general election law,
12 nominating petitions for members of the initial board
13 shall be filed with the regional superintendent in the
14 manner provided by Section 3-7.10 with respect to newly
15 organized districts, and the persons entitled to nominate
16 and to vote at the election for the members of the board
17 of the new community college district shall be the
18 electors in the territory referred to in paragraph (3) of
19 this subsection. In addition, for purposes of the levy,
20 extension, and collection of taxes as provided in
21 paragraph (5.5) of this subsection and for the purposes
22 of establishing the territory and boundaries of the new
23 community college district within and for which those
24 taxes are to be levied, the new community college
25 district shall be deemed established and effective when
26 the 7 members of the initial board of the new community
27 college district are elected and take office as provided
28 in this subsection (c).
29 (5) Each member elected to the initial board of the
30 new community college district must, on the date of his
31 election, be a citizen of the United States, of the age
32 of 18 years or over, and a resident of the State and the
33 territory referred to in paragraph (3) of this subsection
34 for at least one year preceding his election. Election
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1 to the initial board of the new community college
2 district of a person who on July 1, 1996 is a member of a
3 common school board constitutes his resignation from, and
4 creates a vacancy on that common school board effective
5 July 1, 1996.
6 (5.5) The members first elected to the board of
7 trustees shall take office on the first Monday of
8 December, 1995, for the sole and limited purpose of
9 levying, at the rates specified in the proposition
10 submitted to the electors under subsection (b), taxes for
11 the educational purposes and for the operations and
12 maintenance of facilities purposes of the new community
13 college district. The taxes shall be levied in calendar
14 year 1995 for extension and collection in calendar year
15 1996, notwithstanding the fact that the new community
16 college district does not become effective for the
17 purposes of administration of the community college until
18 July 1, 1996. The regional superintendent shall convene
19 the meeting under this paragraph and the members shall
20 organize for the purpose of that meeting by electing, pro
21 tempore, a chairperson and a secretary. At that meeting
22 the board is authorized to levy taxes for educational
23 purposes and for operations and maintenance of facilities
24 purposes as authorized in this paragraph without adopting
25 any budget for the new community college district and
26 shall certify the levy to the appropriate county clerk or
27 county clerks in accordance with law. The county clerks
28 shall extend the levy notwithstanding any law that
29 otherwise requires adoption of a budget before extension
30 of the levy. The funds produced by the levy made under
31 this paragraph to the extent received by a county
32 collector before July 1, 1996 shall immediately be
33 invested in lawful investments and held by the county
34 collector for payment and transfer to the new community
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1 college district, along with all accrued interest or
2 other earnings accrued on the investment, as provided by
3 law on July 1, 1996. All funds produced by the levy and
4 received by a county collector on or after July 1, 1996
5 shall be transferred to the new community college
6 district as provided by law at such time as they are
7 received by the county collector.
8 (5.75) Notwithstanding any other provision of this
9 Section or the fact that establishment of the new
10 community college district as provided in this subsection
11 does not take effect until July 1, 1996, the members
12 first elected to the board of trustees of the new
13 community college district are authorized to meet,
14 beginning on June 1, 1996 and thereafter for purposes of:
15 (i) arranging for and approving educational programs,
16 ancillary services, staffing, and associated expenditures
17 that relate to the offering by the new community college
18 district of educational programs beginning on or after
19 July 1, 1996 and before the fall term of the 1996-97
20 academic year, and (ii) otherwise facilitating the
21 orderly transition of operations from the experimental
22 district known as State Community College of East St.
23 Louis to the new community college district established
24 under this subsection. The persons elected to serve, pro
25 tempore, as chairperson and secretary of the board for
26 purposes of paragraph (5.5) shall continue to serve in
27 that capacity for purposes of this paragraph (5.75).
28 (6) Except as otherwise provided in paragraphs
29 (5.5) and (5.75), each of the members first elected to
30 the board of the new community college district shall
31 take office on July 1, 1996, and the Illinois Community
32 College Board, publicly by lot and not later than July 1,
33 1996, shall determine the length of term to be served by
34 each member of the initial board as follows: 2 shall
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1 serve until their successors are elected at the
2 nonpartisan election in 1997 and have qualified, 2 shall
3 serve until their successors are elected at the
4 consolidated nonpartisan election in 1999 and have
5 qualified, and 3 shall serve until their successors are
6 elected at the consolidated nonpartisan election in 2001
7 and have qualified. Their successors shall serve 6 year
8 terms. Terms of members are subject to Section 2A-54 of
9 the Election Code.
10 (7) The regional superintendent shall convene the
11 initial board of the new community college district on
12 July 1, 1996, and the non-voting student member initially
13 selected to that board as provided in Section 3-7.24
14 shall serve a term beginning on the date of selection and
15 expiring on the next succeeding April 15. Upon being
16 convened on July 1, 1996, the board shall proceed to
17 organize in accordance with Section 3-8, and shall
18 thereafter continue to exercise the powers and duties of
19 a board in the manner provided by law for all boards of
20 community college districts except where obviously
21 inapplicable or otherwise provided by this Act.
22 Vacancies shall be filled, and members shall serve
23 without compensation subject to reimbursement for
24 reasonable expenses incurred in connection with their
25 service as members, as provided in Section 3-7. The duly
26 elected and organized board of the new community college
27 district shall levy taxes at a rate not to exceed .175
28 percent for educational purposes and at a rate not to
29 exceed .05 percent for operations and maintenance of
30 facilities purposes; provided that the board may act to
31 increase such rates at a regular election in accordance
32 with Section 3-14 and the general election law.
33 (d) Upon abolition of the experimental district and
34 establishment of the new community college district as
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1 provided in this Section, all tangible personal property,
2 including inventory, equipment, supplies, and library books,
3 materials, and collections, belonging to the experimental
4 district and State Community College of East St. Louis at the
5 time of their abolition under this Section shall be deemed
6 transferred, by operation of law, to the board of trustees of
7 the new community college district. In addition, all real
8 property, and the improvements situated thereon, held by
9 State Community College of East St. Louis or on its behalf by
10 its board of trustees shall, upon abolition of the
11 experimental district and college as provided in this
12 Section, be conveyed by the Illinois Community College Board,
13 in the manner prescribed by law, to the board of trustees of
14 the new community college district established under this
15 Section for so long as that real property is used for the
16 conduct and operation of a public community college and the
17 related purposes of a public community college district of
18 this State. Neither the new community college district nor
19 its board of trustees shall have any responsibility to any
20 vendor or other person making a claim relating to the
21 property, inventory, or equipment so transferred.
22 (Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96.)
23 (110 ILCS 805/3-7) (from Ch. 122, par. 103-7)
24 Sec. 3-7. The election of the members of the board of
25 trustees shall be nonpartisan and shall be held at the time
26 and in the manner provided in the general election law.
27 Unless otherwise provided in this Act, members shall be
28 elected to serve 6 year terms. The term of members elected
29 in 1985 and thereafter shall be from the date the member is
30 officially determined to be elected to the board by a canvass
31 conducted pursuant to the Election Code, to the date that the
32 winner of the seat is officially determined by the canvass
33 conducted pursuant to the Election Code the next time the
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1 seat on the board is to be filled by election.
2 A board of trustees of a community college district which
3 is contiguous or has been contiguous to an experimental
4 community college district as authorized and defined by
5 Article IV of this Act may, on its own motion, or shall, upon
6 the petition of the lesser of 1/10 or 2,000 of the voters
7 registered in the district, order submitted to the voters of
8 the district at the next general election the proposition for
9 the election of board members by trustee district rather than
10 at large, and such proposition shall thereupon be certified
11 by the secretary of the board to the proper election
12 authority in accordance with the general election law for
13 submission.
14 If the proposition is approved by a majority of those
15 voting on the proposition, the State Board of Elections, in
16 1991, shall reapportion the trustee districts to reflect the
17 results of the last decennial census, and shall divide the
18 community college district into 7 trustee districts, each of
19 which shall be compact, contiguous and substantially equal in
20 population to each other district. In 2001, and in the year
21 following each decennial census thereafter, the board of
22 trustees of community college District #522 shall reapportion
23 the trustee districts to reflect the results of the census,
24 and shall divide the community college district into 7
25 trustee districts, each of which shall be compact,
26 contiguous, and substantially equal in population to each
27 other district. The division of the community college
28 district into trustee districts shall be completed and
29 formally approved by a majority of the members appointed to
30 the State Board of Elections with respect to the initial
31 division of the community college district into 7 trustee
32 districts in 1991, and by a majority of the members of the
33 board of trustees of community college District #522 with
34 respect to the year following each decennial census
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1 thereafter, not less than 60 days before the last date
2 established by the general election law for the submission of
3 nominating petitions for the next regularly scheduled
4 election for community college trustees. At the same meeting
5 of the board of trustees, the board shall, publicly by lot,
6 divide the trustee districts as equally as possible into 2
7 groups. Trustees or their successors from one group shall be
8 elected for successive terms of 4 years and 6 years; and
9 members or their successors from the second group shall be
10 elected for successive terms of 6 years and 4 years. One
11 member shall be elected from each such trustee district.
12 Each member must on the date of his election be a citizen
13 of the United States, of the age of 18 years or over, and a
14 resident of the State and the territory which on the date of
15 the election is included in the community college district
16 for at least one year immediately preceding his election. In
17 the event a person who is a member of a common school board
18 is elected or appointed to a board of trustees of a community
19 college district, that person shall be permitted to serve the
20 remainder of his or her term of office as a member of the
21 common school board. Upon the expiration of the common school
22 board term, that person shall not be eligible for election or
23 appointment to a common school board during the term of
24 office with the community college district board of trustees.
25 Whenever a vacancy occurs, the remaining members shall
26 fill the vacancy, and the person so appointed shall serve
27 until a successor is elected at the next regular election for
28 board members and is certified in accordance with Sections
29 22-17 and 22-18 of the Election Code. If the remaining
30 members fail so to act within 60 days after the vacancy
31 occurs, the chairman of the State Board shall fill that
32 vacancy, and the person so appointed shall serve until a
33 successor is elected at the next regular election for board
34 members and is certified in accordance with Sections 22-17
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1 and 22-18 of the Election Code. The person appointed to fill
2 the vacancy shall have the same residential qualifications as
3 his predecessor in office was required to have. In either
4 instance, if the vacancy occurs with less than 4 months
5 remaining before the next scheduled consolidated nonpartisan
6 election, and the term of office of the board member vacating
7 the position is not scheduled to expire at that election,
8 then the term of the person so appointed shall extend through
9 that election and until the succeeding consolidated
10 nonpartisan election. If the term of office of the board
11 member vacating the position is scheduled to expire at the
12 upcoming consolidated nonpartisan election, the appointed
13 member shall serve only until a successor is elected and
14 qualified at that election.
15 Members of the board shall serve without compensation but
16 shall be reimbursed for their reasonable expenses incurred in
17 connection with their service as members. Compensation, for
18 purposes of this Section, means any salary or other benefits
19 not expressly authorized by this Act to be provided or paid
20 to, for or on behalf of members of the board. The board of
21 each community college district may adopt a policy providing
22 for the issuance of bank credit cards, for use by any board
23 member who requests the same in writing and agrees to use the
24 card only for the reasonable expenses which he or she incurs
25 in connection with his or her service as a board member.
26 Expenses charged to such credit cards shall be accounted for
27 separately and shall be submitted to the chief financial
28 officer of the district for review prior to being reported to
29 the board at its next regular meeting.
30 Except in an election of the initial board for a new
31 community college district created pursuant to Section 6-6.1,
32 the ballot for the election of members of the board for a
33 community college district shall indicate the length of term
34 for each office to be filled. In the election of a board for
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1 any community college district, the ballot shall not contain
2 any political party designation.
3 (Source: P.A. 87-707; 87-776; 87-895; 88-686, eff. 1-24-95.)
4 (110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
5 Sec. 3-8. Following each election and canvass, the new
6 board shall hold its organizational meeting on or before the
7 14th day after the election. If the election is the initial
8 election ordered by the regional superintendent, the
9 organizational meeting shall be convened by the regional
10 superintendent, who shall preside over the meeting until the
11 election for chairman, vice chairman and secretary of board
12 is completed. At all other organizational meetings, the
13 chairman of the board, or, in his or her absence, the
14 president of the community college or acting chief executive
15 officer of the college shall convene the new board, and
16 conduct the election for chairman, vice chairman and
17 secretary. The board shall then proceed with its
18 organization under the newly elected board officers, and
19 shall fix a time and place for its regular meetings. It
20 shall than enter upon the discharge of its duties. The terms
21 of board office shall be 2 years, except that the board by
22 resolution may establish a policy for the terms of office to
23 be one year, and provide for the election of officers for the
24 remaining one year period. Terms of members are subject to
25 Section 2A-54 of the Election Code.
26 Special meetings of the board may be called by the
27 chairman or by any 3 members of the board by giving notice
28 thereof in writing stating the time, place and purpose of the
29 meeting. Such notice may be served by mail 48 hours before
30 the meeting or by personal service 24 hours before the
31 meeting.
32 At each regular and special meeting which is open to the
33 public, members of the public and employees of the community
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1 college district shall be afforded time, subject to
2 reasonable constraints, to comment to or ask questions of the
3 board.
4 (Source: P.A. 86-758; 86-1032; 87-707; 87-915.)