State of Illinois
90th General Assembly
Legislation

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90_SB0040

      10 ILCS 5/2A-1.1          from Ch. 46, par. 2A-1.1
      10 ILCS 5/7-8             from Ch. 46, par. 7-8
      10 ILCS 5/8-4             from Ch. 46, par. 8-4
      105 ILCS 5/33-1           from Ch. 122, par. 33-1
      105 ILCS 5/33-1b          from Ch. 122, par. 33-1b
          Amends the Election Code and the  School  Code.   Changes
      the  date  of  the  general  primary  election from the third
      Tuesday in March to the third Tuesday in May.
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 1        AN ACT concerning  general  primary  elections,  amending
 2    named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Election  Code  is  amended  by  changing
 6    Sections 2A-1.1, 7-8, and 8-4 as follows:
 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 May 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 5/7-8) (from Ch. 46, par. 7-8)
23        Sec.  7-8.  The State central committee shall be composed
24    of one or two members from each congressional district in the
25    State and shall be elected as follows:
26                       State Central Committee
27        (a)  Within 30 days after  the  effective  date  of  this
28    amendatory  Act  of  1983 the State central committee of each
29    political party shall certify to the State Board of Elections
30    which of the following alternatives it wishes to apply to the
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 1    State central committee of that party.
 2        Alternative A.  At the general primary election  held  on
 3    the  third  Tuesday  in  March  1970, and at the primary held
 4    every 4 years thereafter, each primary elector may  vote  for
 5    one  candidate  of  his party for member of the State central
 6    committee for the congressional district in which he resides.
 7    The candidate receiving the highest number of votes shall  be
 8    declared   elected   State   central  committeeman  from  the
 9    district. A political party may, in lieu of the foregoing, by
10    a majority vote of delegates at any State convention of  such
11    party,  determine  to  thereafter  elect  the  State  central
12    committeemen in the manner following:
13        At  the  county  convention  held by such political party
14    State central committeemen  shall  be  elected  in  the  same
15    manner  as  provided  in  this  Article  for  the election of
16    officers of the county central committee, and  such  election
17    shall  follow  the election of officers of the county central
18    committee.   Each  elected   ward,   township   or   precinct
19    committeeman  shall cast as his vote one vote for each ballot
20    voted in his ward, township, part of a township  or  precinct
21    in  the  last  preceding  primary  election  of his political
22    party. In the case of a county  lying  partially  within  one
23    congressional   district   and   partially   within   another
24    congressional  district,  each  ward,  township  or  precinct
25    committeeman   shall   vote   only   with   respect   to  the
26    congressional district in which his ward, township, part of a
27    township  or  precinct  is  located.   In  the  case   of   a
28    congressional   district  which  encompasses  more  than  one
29    county, each ward, township or precinct committeeman residing
30    within the congressional district shall cast as his vote  one
31    vote  for  each ballot voted in his ward, township, part of a
32    township or precinct in the last preceding  primary  election
33    of  his  political  party  for one candidate of his party for
34    member of the State central committee for  the  congressional
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 1    district  in which he resides and the Chairman  of the county
 2    central committee shall report the results of the election to
 3    the State Board of Elections. The State  Board  of  Elections
 4    shall  certify  the candidate receiving the highest number of
 5    votes   elected   State   central   committeeman   for   that
 6    congressional district.
 7        The State central committee shall adopt rules to  provide
 8    for  and govern the procedures to be followed in the election
 9    of members of the State central committee.
10        Alternative  B.  Each  congressional   committee   shall,
11    within  30  days  after  the  adoption  of  this alternative,
12    appoint a person of the sex opposite that  of  the  incumbent
13    member  for  that  congressional  district  to  serve  as  an
14    additional member of the State central committee until his or
15    her  successor  is elected at the general primary election in
16    1986.   Each  congressional   committee   shall   make   this
17    appointment by voting on the basis set forth in paragraph (e)
18    of  this  Section.  In  each  congressional  district  at the
19    general primary election held  in  1986  and  every  4  years
20    thereafter,  the  male candidate receiving the highest number
21    of votes of the party's male  candidates  for  State  central
22    committeeman,  and the female candidate receiving the highest
23    number of votes of the party's female  candidates  for  State
24    central  committeewoman,  shall  be  declared  elected  State
25    central  committeeman  and  State central committeewoman from
26    the district.  At the general primary election held  in  1986
27    and every 4 years thereafter, if all a party's candidates for
28    State  central  committeemen  or State central committeewomen
29    from a congressional  district  are  of  the  same  sex,  the
30    candidate  receiving  the  highest  number  of votes shall be
31    declared  elected  a  State  central  committeeman  or  State
32    central committeewoman from the district, and, because  of  a
33    failure  to elect one male and one female to the committee, a
34    vacancy shall be declared to  exist  in  the  office  of  the
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 1    second  member  of  the  State  central  committee  from  the
 2    district.  This vacancy shall be filled by appointment by the
 3    congressional  committee  of  the  political  party,  and the
 4    person appointed to fill the vacancy shall be a  resident  of
 5    the  congressional  district  and of the sex opposite that of
 6    the committeeman or committeewoman  elected  at  the  general
 7    primary  election.   Each  congressional committee shall make
 8    this  appointment  by  voting  on  the  basis  set  forth  in
 9    paragraph (e) of this Section.
10        Under both  of  the  foregoing  alternatives,  the  State
11    central  committee  of each political party shall be composed
12    of  members   elected   or   appointed   from   the   several
13    congressional  districts of the State, and of no other person
14    or persons whomsoever.  The  members  of  the  State  central
15    committee  shall,  within  30  days  after  each  quadrennial
16    election   of  the  full  committee,  meet  in  the  city  of
17    Springfield and organize by electing  from  among  their  own
18    number  a  chairman, and may at such time elect such officers
19    from among their own number (or otherwise), as they may  deem
20    necessary  or  expedient.  The outgoing chairman of the State
21    central committee of the party  shall,  10  days  before  the
22    meeting,  notify  each  member of the State central committee
23    elected at the primary of the time and place of such meeting.
24    In the organization and  proceedings  of  the  State  central
25    committee,  each State central committeeman and State central
26    committeewoman shall have one vote for each ballot  voted  in
27    his  or her congressional district by the primary electors of
28    his  or  her  party  at  the  primary  election   immediately
29    preceding   the  meeting  of  the  State  central  committee.
30    Whenever a vacancy occurs in the State central  committee  of
31    any political party, the vacancy may be filled by appointment
32    by the congressional committee of that political party in the
33    congressional district from which the appointee's predecessor
34    was  elected, and the member so appointed to fill the vacancy
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 1    shall be a resident of that congressional district and, in  a
 2    committee  composed as provided in alternative B, shall be of
 3    the same sex as  the  appointee's  predecessor.  A  political
 4    party  may,  by a majority vote of the delegates of any State
 5    convention of such party, determine to return to the election
 6    of   State   central   committeeman   and    State    central
 7    committeewoman  by  the vote of primary electors.  Any action
 8    taken  by  a  political  party  at  a  State  convention   in
 9    accordance  with  this Section shall be reported to the State
10    Board of Elections by the  chairman  and  secretary  of  such
11    convention within 10 days after such action.
12              Ward, Township and Precinct Committeemen
13        (b)  At  the  general  primary election held on the third
14    Tuesday in March, 1972, and every 4  years  thereafter,  each
15    primary  elector  in cities having a population of 200,000 or
16    over may vote for one candidate of his party in his ward  for
17    ward  committeeman. Each candidate for ward committeeman must
18    be a resident of and in the ward where he seeks to be elected
19    ward committeeman. The one having the highest number of votes
20    shall be such ward committeeman of such party for such  ward.
21    At  the general primary election held on the third Tuesday in
22    March, 1970, and  every  4  years  thereafter,  each  primary
23    elector  in  counties containing a population of 2,000,000 or
24    more, outside of cities containing a population of 200,000 or
25    more, may vote for one candidate of his  party  for  township
26    committeeman.  Each  candidate for township committeeman must
27    be a resident of and in the township or part  of  a  township
28    (which  lies outside of a city having a population of 200,000
29    or more, in counties containing a population of 2,000,000  or
30    more),  and  in which township or part of a township he seeks
31    to be elected  township  committeeman.  The  one  having  the
32    highest  number  of votes shall be such township committeeman
33    of such party for such township or part  of  a  township.  At
34    each  general  the primary election held on the third Tuesday
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 1    in March, 1970 and every 2  years  thereafter,  each  primary
 2    elector,  except in counties having a population of 2,000,000
 3    or over, may vote for one  candidate  of  his  party  in  his
 4    precinct   for  precinct  committeeman.  Each  candidate  for
 5    precinct committeeman must be a bona  fide  resident  of  the
 6    precinct  where he seeks to be elected precinct committeeman.
 7    The one having the highest number  of  votes  shall  be  such
 8    precinct  committeeman  of  such party for such precinct. The
 9    official returns of the primary shall show the  name  of  the
10    committeeman of each political party.
11        Terms  of Committeemen. All precinct committeemen elected
12    under the provisions of this Article shall continue  as  such
13    committeemen  until the date of the primary to be held in the
14    second  year  after  their  election.  Except  as   otherwise
15    provided   in   this   Section   for  certain  State  central
16    committeemen  who  have  2  year  terms,  all  State  central
17    committeemen, township  committeemen  and  ward  committeemen
18    shall continue as such committeemen until the date of primary
19    to  be held in the fourth year after their election. However,
20    a vacancy exists in the office of precinct committeeman  when
21    a  precinct  committeeman ceases to reside in the precinct in
22    which he was elected and  such  precinct  committeeman  shall
23    thereafter  neither  have  nor exercise any rights, powers or
24    duties as committeeman in that precinct, even if a  successor
25    has not been elected or appointed.
26        (c)  The  Multi-Township  Central Committee shall consist
27    of  the  precinct  committeemen  of  such   party,   in   the
28    multi-township  assessing district formed pursuant to Section
29    2-10 of the Property Tax Code and shall be organized for  the
30    purposes  set forth in Section 45-25 of the Township Code. In
31    the  organization  and  proceedings  of  the   Multi-Township
32    Central  Committee  each precinct committeeman shall have one
33    vote for each ballot voted in his  precinct  by  the  primary
34    electors of his party at the primary at which he was elected.
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 1                      County Central Committee
 2        (d)  The county central committee of each political party
 3    in   each  county  shall  consist  of  the  various  township
 4    committeemen, precinct committeemen and ward committeemen, if
 5    any, of such party in the county.  In  the  organization  and
 6    proceedings  of  the  county central committee, each precinct
 7    committeeman shall have one vote for each ballot voted in his
 8    precinct by the primary electors of his party at the  primary
 9    at  which  he  was  elected; each township committeeman shall
10    have one vote for each ballot voted in his township  or  part
11    of  a  township as the case may be by the primary electors of
12    his party at the  primary  election  for  the  nomination  of
13    candidates  for  election to the General Assembly immediately
14    preceding the meeting of the county central committee; and in
15    the  organization  and  proceedings  of  the  county  central
16    committee, each ward committeeman shall  have  one  vote  for
17    each  ballot voted in his ward by the primary electors of his
18    party  at  the  primary  election  for  the   nomination   of
19    candidates  for  election to the General Assembly immediately
20    preceding the meeting of the county central committee.
21                       Congressional Committee
22        (e)  The congressional committee of each  party  in  each
23    congressional  district  shall be composed of the chairmen of
24    the county central committees of the counties  composing  the
25    congressional   district,   except   that   in  congressional
26    districts wholly within the territorial limits of one county,
27    or partly within 2 or more counties, but not coterminous with
28    the county lines  of  all  of  such  counties,  the  precinct
29    committeemen, township committeemen and ward committeemen, if
30    any,  of  the  party  representing  the  precincts within the
31    limits of  the  congressional  district,  shall  compose  the
32    congressional committee. A State central committeeman in each
33    district  shall  be  a  member  and  the  chairman or, when a
34    district has 2 State central committeemen, a  co-chairman  of
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 1    the  congressional committee, but shall not have the right to
 2    vote except in case of a tie.
 3        In the  organization  and  proceedings  of  congressional
 4    committees  composed  of  precinct  committeemen  or township
 5    committeemen  or  ward  committeemen,  or   any   combination
 6    thereof,  each  precinct committeeman shall have one vote for
 7    each ballot voted in his precinct by the primary electors  of
 8    his  party  at  the  primary  at  which  he was elected, each
 9    township committeeman shall have one  vote  for  each  ballot
10    voted  in  his township or part of a township as the case may
11    be by the primary  electors  of  his  party  at  the  primary
12    election   immediately   preceding   the   meeting   of   the
13    congressional  committee,  and  each  ward committeeman shall
14    have one vote for each ballot voted in each precinct  of  his
15    ward  located  in  such congressional district by the primary
16    electors of his party at  the  primary  election  immediately
17    preceding  the meeting of the congressional committee; and in
18    the organization and proceedings of congressional  committees
19    composed  of the chairmen of the county central committees of
20    the counties within such  district,  each  chairman  of  such
21    county  central committee shall have one vote for each ballot
22    voted in his county by the primary electors of his  party  at
23    the primary election immediately preceding the meeting of the
24    congressional committee.
25                     Judicial District Committee
26        (f)  The  judicial  district  committee of each political
27    party in each judicial district  shall  be  composed  of  the
28    chairman  of  the  county  central committees of the counties
29    composing the judicial district.
30        In the organization and proceedings of judicial  district
31    committees  composed  of  the  chairmen of the county central
32    committees  of  the  counties  within  such  district,   each
33    chairman of such county central committee shall have one vote
34    for  each  ballot voted in his county by the primary electors
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 1    of his party at the primary  election  immediately  preceding
 2    the meeting of the judicial district committee.
 3                       Circuit Court Committee
 4        (g)  The  circuit court committee of each political party
 5    in  each  judicial  circuit  outside  Cook  County  shall  be
 6    composed of the chairmen of the county central committees  of
 7    the counties composing the judicial circuit.
 8        In  the  organization  and  proceedings  of circuit court
 9    committees, each chairman of a county central committee shall
10    have one vote for each ballot voted  in  his  county  by  the
11    primary  electors  of  his  party  at  the  primary  election
12    immediately  preceding  the  meeting  of  the  circuit  court
13    committee.
14                    Judicial Subcircuit Committee
15        (g-1)  The   judicial   subcircuit   committee   of  each
16    political party in each judicial subcircuit  in  Cook  County
17    shall  be  composed  of the ward and township committeemen of
18    the townships and wards composing the judicial subcircuit.
19        In the organization  and  proceedings  of  each  judicial
20    subcircuit  committee,  each township committeeman shall have
21    one vote for each ballot voted in his township or part  of  a
22    township,  as  the case may be, in the judicial subcircuit by
23    the primary electors of his party  at  the  primary  election
24    immediately  preceding the meeting of the judicial subcircuit
25    committee; and each ward committeeman shall have one vote for
26    each ballot voted in his ward or part of a ward, as the  case
27    may be, in the judicial subcircuit by the primary electors of
28    his  party  at the primary election immediately preceding the
29    meeting of the judicial subcircuit committee.
30                     Municipal Central Committee
31        (h)  The municipal central committee  of  each  political
32    party  shall  be  composed  of the precinct, township or ward
33    committeemen, as the case may be, of such party  representing
34    the  precincts  or wards, embraced in such city, incorporated
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 1    town or  village.  The  voting  strength  of  each  precinct,
 2    township  or  ward  committeeman  on  the  municipal  central
 3    committee  shall  be  the  same as his voting strength on the
 4    county central committee.
 5        For political parties, other than a  statewide  political
 6    party,  established  only  within a municipality or township,
 7    the  municipal  or  township  managing  committee  shall   be
 8    composed  of  the  party  officers  of  the local established
 9    party.  The party officers of a local established party shall
10    be as follows: the chairman and secretary of the  caucus  for
11    those  municipalities  and townships authorized by statute to
12    nominate candidates by caucus shall serve as  party  officers
13    for  the  purpose  of  filling  vacancies in nomination under
14    Section 7-61; for municipalities and townships authorized  by
15    statute  or  ordinance to nominate candidates by petition and
16    primary election, the party officers  shall  be  the  party's
17    candidates  who  are  nominated  at the primary.  If no party
18    primary was held because of the provisions  of  Section  7-5,
19    vacancies  in  nomination  shall  be  filled  by  the party's
20    remaining candidates who shall serve as the party's officers.
21                               Powers
22        (i)  Each committee  and  its  officers  shall  have  the
23    powers  usually  exercised  by  such  committees  and  by the
24    officers thereof, not inconsistent  with  the  provisions  of
25    this  Article.  The  several  committees  herein provided for
26    shall not have power to delegate  any  of  their  powers,  or
27    functions to any other person, officer or committee, but this
28    shall not be construed to prevent a committee from appointing
29    from its own membership proper and necessary subcommittees.
30        (j)  The  State  central  committee  of a political party
31    which elects it members by Alternative B under paragraph  (a)
32    of  this  Section  shall  adopt  a plan to give effect to the
33    delegate selection rules of the national political party  and
34    file  a  copy  of such plan with the State Board of Elections
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 1    when approved by a national political party.
 2        (k)  For the purpose of the designation of a proxy  by  a
 3    Congressional  Committee  to vote in place of an absent State
 4    central committeeman or committeewoman  at  meetings  of  the
 5    State central committee of a political party which elects its
 6    members by Alternative B under paragraph (a) of this Section,
 7    the  proxy  shall  be  appointed  by the vote of the ward and
 8    township committeemen, if any, of  the  wards  and  townships
 9    which  lie  entirely  or  partially  within the Congressional
10    District from which the absent State central committeeman  or
11    committeewoman  was  elected  and the vote of the chairmen of
12    the county central committees of  those  counties  which  lie
13    entirely  or partially within that Congressional District and
14    in which there are no ward  or  township  committeemen.  When
15    voting  for such proxy the county chairman, ward committeeman
16    or township committeeman, as the case may be shall  have  one
17    vote  for  each ballot voted in his county, ward or township,
18    or portion thereof within the Congressional District, by  the
19    primary  electors of his party at the primary at which he was
20    elected. However, the absent State  central  committeeman  or
21    committeewoman  may  designate  a proxy when permitted by the
22    rules of a  political  party  which  elects  its  members  by
23    Alternative B under paragraph (a) of this Section.
24    (Source: P.A. 87-1052; 88-670, eff. 12-2-94.)
25        (10 ILCS 5/8-4) (from Ch. 46, par. 8-4)
26        Sec. 8-4. A primary shall be held on the third Tuesday in
27    May  March  of  each even-numbered year for the nomination of
28    candidates for legislative offices.
29    (Source: P.A. 82-750.)
30        Section 10.  The  School  Code  is  amended  by  changing
31    Sections 33-1 and 33-1b as follows:
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 1        (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
 2        Sec.  33-1.   Board of Education - Election - Terms.   In
 3    all school districts,  including  special  charter  districts
 4    having  a  population  of  100,000 and not more than 500,000,
 5    which adopt this  Article,  as  hereinafter  provided,  there
 6    shall  be  maintained a system of free schools in charge of a
 7    board of  education,  which  shall  be  a  body  politic  and
 8    corporate  by  the  name  of  "Board of Education of the City
 9    of....".  The board shall consist of 7 members elected by the
10    voters of the district. Except as provided in  Section  33-1b
11    of  this  Act,  the regular election for members of the board
12    shall be held on the first Tuesday of April in  odd  numbered
13    years  and on the third Tuesday of May March in even numbered
14    years. The law governing the registration of voters  for  the
15    primary election shall apply to the regular election.  At the
16    first  regular election 7 persons shall be elected as members
17    of the board. The person who receives the greatest number  of
18    votes  shall be elected for a term of 5 years.  The 2 persons
19    who receive the second and third  greatest  number  of  votes
20    shall  be  elected  for  a  term  of 4 years.  The person who
21    receives the fourth greatest number of votes shall be elected
22    for a term of 3 years.  The 2 persons who receive  the  fifth
23    and  sixth  greatest  number  of votes shall be elected for a
24    term of  2  years.   The  person  who  receives  the  seventh
25    greatest  number  of  votes  shall be elected for a term of 1
26    year. Thereafter, at each regular election for members of the
27    board, the successors of the members whose  terms  expire  in
28    the  year of election shall be elected for a term of 5 years.
29    All terms shall  commence  on  July  1  next  succeeding  the
30    elections.   Any  vacancy  occurring in the membership of the
31    board shall be filled by appointment until the  next  regular
32    election for members of the board.
33        In  any school district which has adopted this Article, a
34    proposition for the election of board members by school board
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 1    district rather than at large may be submitted to the  voters
 2    of the district at the regular school election of any year in
 3    the  manner  provided in Section 9-22.  If the proposition is
 4    approved by a majority of those voting on  the  propositions,
 5    the  board  shall  divide  the  school district into 7 school
 6    board districts as provided in Section 9-22.  At the  regular
 7    school  election  in  the year following the adoption of such
 8    proposition, one member shall be  elected  from  each  school
 9    board  district,  and the 7 members so elected shall, by lot,
10    determine one to serve for one year, 2 for 2 years, one for 3
11    years, 2 for 4 years, and one for 5 years.  Thereafter  their
12    respective  successors shall be elected for terms of 5 years.
13    The terms of all incumbent members expire July 1 of the  year
14    following the adoption of such a proposition.
15        Any  school  district which has adopted this Article may,
16    by referendum in accordance with  Section  33-1a,  adopt  the
17    method of electing members of the board of education provided
18    in that Section.
19        Reapportionment  of  the voting districts provided for in
20    this Article or created pursuant to a court order,  shall  be
21    completed pursuant to Section 33-1c.
22    (Source: P.A. 82-1014; 86-1331.)
23        (105 ILCS 5/33-1b) (from Ch. 122, par. 33-1b)
24        Sec. 33-1b.  Whenever the date designated in Section 33-1
25    for  the  odd-numbered  year election of members of boards of
26    education conflicts with the celebration  of  Passover,  that
27    election  shall  be  postponed to the first Tuesday following
28    the last day of Passover.
29    (Source: P.A. 82-1014.)

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