[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 004 ] | [ House Amendment 005 ] |
90_SB0200
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 5/4-11 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. Effective immediately.
LRB9001780MWcd
LRB9001780MWcd
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, 4-11, 10-6, 11-7, 12-1, 16-4.1 and
7 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,
-2- LRB9001780MWcd
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
-3- LRB9001780MWcd
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,
-4- LRB9001780MWcd
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
-5- LRB9001780MWcd
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;
-6- LRB9001780MWcd
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
-7- LRB9001780MWcd
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
-8- LRB9001780MWcd
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
-9- LRB9001780MWcd
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
-10- LRB9001780MWcd
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
-11- LRB9001780MWcd
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
-12- LRB9001780MWcd
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
-13- LRB9001780MWcd
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 5/4-11) (from Ch. 46, par. 4-11)
16 Sec. 4-11. At least 2 weeks prior to the general
17 November election in each even numbered year and the
18 consolidated nonpartisan election in each odd-numbered year
19 the county clerk shall cause a list to be made for each
20 precinct of all names upon the registration record cards not
21 marked or erased, in alphabetical order, with the address,
22 provided, that such list may be arranged geographically, by
23 street and number, in numerical order, with respect to all
24 precincts in which all, or substantially all residences of
25 voters therein shall be located upon and numbered along
26 streets, avenues, courts, or other highways which are either
27 named or numbered, upon direction either of the county board
28 or of the circuit court. On the list, the county clerk shall
29 indicate, by italics, asterisk, or other means, the names of
30 all persons who have registered since the last regularly
31 scheduled election in the consolidated schedule of elections
32 established in Section 2A-1.1 of this Act. The county clerk
-14- LRB9001780MWcd
1 shall cause such precinct lists to be printed or typed in
2 sufficient numbers to meet all reasonable demands, and upon
3 application a copy of the same shall be given to any person
4 applying therefor. By such time, the county clerk shall give
5 the precinct lists to the chairman of a county central
6 committee of an established political party, as such party is
7 defined in Section 10-2 of this Act, or to the chairman's
8 duly authorized representative. Within 30 days of the
9 effective date of this Amendatory Act of 1983, the county
10 clerk shall give the precinct lists compiled prior to the
11 general November election of 1982 to the chairman of county
12 central committee of an established political party or to the
13 chairman's duly authorized representative.
14 Prior to the opening of the polls for other elections,
15 the county clerk shall transmit or deliver to the judges of
16 election of each polling place a corrected list of registered
17 voters in the precinct, or the names of persons added to and
18 erased or withdrawn from the list for such precinct. At
19 other times such list, currently corrected, shall be kept
20 available for public inspection in the office of the county
21 clerk.
22 Within 60 days after each general election the county
23 clerk shall indicate by italics, asterisk, or other means, on
24 the list of registered voters in each precinct, each
25 registrant who voted at that general election, and shall
26 provide a copy of such list to the chairman of the county
27 central committee of each established political party or to
28 the chairman's duly authorized representative.
29 Within 60 days after the effective date of this
30 amendatory Act of 1983, the county clerk shall indicate by
31 italics, asterisk, or other means, on the list of registered
32 voters in each precinct, each registrant who voted at the
33 general election of 1982, and shall provide a copy of such
34 coded list to the chairman of the county central committee of
-15- LRB9001780MWcd
1 each established political party or to the chairman's duly
2 authorized representative.
3 The county clerk may charge a fee to reimburse the actual
4 cost of duplicating each copy of a list provided under
5 either of the 2 preceding paragraphs.
6 (Source: P.A. 83-1263.)
7 (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
8 Sec. 10-6. Except as provided in Section 10-3,
9 certificates of nomination and nomination papers for the
10 nomination of candidates for offices to be filled by electors
11 of the entire State, or any district not entirely within a
12 county, or for congressional, state legislative or judicial
13 offices, shall be presented to the principal office of the
14 State Board of Elections not more than 99 nor less than 92
15 days previous to the day of election for which the candidates
16 are nominated. The State Board of Elections shall endorse
17 the certificates of nomination or nomination papers, as the
18 case may be, and the date and hour of presentment to it.
19 Except as otherwise provided in this section, all other
20 certificates for the nomination of candidates shall be filed
21 with the county clerk of the respective counties not more
22 than 99 but at least 92 days previous to the day of such
23 election. Certificates of nomination and nomination papers
24 for the nomination of candidates for the offices of political
25 subdivisions to be filled at regular elections other than the
26 general election shall be filed with the local election
27 official of such subdivision:
28 (1) (Blank); not more than 78 or less than 71 days prior
29 to the nonpartisan election; or
30 (2) not more than 78 nor less than 71 days prior to the
31 consolidated election; or
32 (3) not more than 78 nor less than 71 days prior to the
33 general primary in the case of municipal offices to be filled
-16- LRB9001780MWcd
1 at the general primary election; or
2 (4) not more than 78 nor less than 71 days before the
3 consolidated primary in the case of municipal offices to be
4 elected on a nonpartisan basis pursuant to law (including
5 without limitation, those municipal offices subject to
6 Articles 4 and 5 of the Municipal Code); or
7 (5) not more than 78 nor less than 71 days before the
8 municipal primary in even numbered years for such nonpartisan
9 municipal offices where annual elections are provided; or
10 (6) in the case of petitions for the office of
11 multi-township assessor, such petitions shall be filed with
12 the election authority not more than 78 nor less than 71 days
13 before the consolidated election.
14 However, where a political subdivision's boundaries are
15 co-extensive with or are entirely within the jurisdiction of
16 a municipal board of election commissioners, the certificates
17 of nomination and nomination papers for candidates for such
18 political subdivision offices shall be filed in the office of
19 such Board.
20 (Source: P.A. 84-861.)
21 (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
22 Sec. 11-7. For the purpose of the conduct of any
23 consolidated election, consolidated primary election,
24 nonpartisan election, special municipal primary election or
25 emergency referendum, an election authority may cluster up to
26 four contiguous precincts as provided in this Section, which
27 shall constitute a clustered voting zone. The common polling
28 place for the clustered voting zone shall be located within
29 the territory comprising the clustered precincts. Unless the
30 election authority specifies a larger number, only one
31 election judge shall be appointed for each of the precincts
32 in each clustered voting zone.
33 The judges so appointed may not all be affiliated with
-17- LRB9001780MWcd
1 the same political party.
2 The conduct of an election in a clustered voting zone
3 shall be under the general supervision of all the judges of
4 election designated to serve in the clustered voting zone.
5 The designated judges may perform the duties of election
6 judges for the entire clustered voting zone. However, the
7 requirements of Section 17-14 shall apply to voter
8 assistance, the requirements of Section 24-10 shall apply to
9 voter instruction, the requirement of Section 24A-10 shall
10 apply to examination of absentee ballots, and any disputes as
11 to entitlement to vote, challenges, counting of ballots or
12 other matters pertaining directly to voting shall be decided
13 by those designated judges appointed for the precinct in
14 which the affected voter resides or the disputed vote is to
15 be counted.
16 This Section does not apply to any elections in
17 municipalities with more than 1,000,000 inhabitants.
18 (Source: P.A. 83-685.)
19 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
20 Sec. 12-1. At least 60 days prior to each general and,
21 consolidated and nonpartisan election, the election
22 authority shall provide public notice, calculated to reach
23 elderly and handicapped voters, of the availability of
24 registration and voting aids under the Federal Voting
25 Accessibility for the Elderly and Handicapped Act, of the
26 availability of assistance in marking the ballot, and
27 procedures for voting by absentee ballot.
28 At least 30 days before any general election, and at
29 least 20 days before any special congressional election, the
30 county clerk shall publish a notice of the election in 2 or
31 more newspapers published in the county, city, village,
32 incorporated town or town, as the case may be, or if there is
33 no such newspaper, then in any 2 or more newspapers published
-18- LRB9001780MWcd
1 in the county and having a general circulation throughout the
2 community. The notice may be substantially as follows:
3 Notice is hereby given that on (give date), at (give the
4 place of holding the election and the name of the precinct or
5 district) in the county of (name county), an election will be
6 held for (give the title of the several offices to be
7 filled), which election will be open at 6:00 a. m. and
8 continued open until 7:00 p. m. of that day.
9 Dated at .... this .... day of ...., 19...
10 (Source: P.A. 84-808.)
11 (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
12 Sec. 16-4.1. Ballots; Form; Nonpartisan and Consolidated
13 Elections. This Section shall apply only to the nonpartisan
14 election, the consolidated primary election, and the
15 consolidated election, except as otherwise expressly provided
16 herein.
17 The ballot for the nomination or election of officers of
18 each political subdivision shall be considered a separate
19 ballot, and candidates for such offices shall be grouped
20 together. Where paper ballots are used, the names of
21 candidates for nomination or election to more than one
22 political subdivision may be contained on a common ballot,
23 provided that such ballot clearly indicates and separates
24 each political subdivision from which such officers are to be
25 nominated or elected. In the case of partisan elections of
26 officers, a separate party circle shall be included at the
27 head of the portion of the ballot for each political
28 subdivision for which candidates of political parties have
29 been nominated. When an electronic voting system is used
30 which utilizes a ballot label booklet, the party circles for
31 straight party voting shall be on the same ballot page on
32 which are listed the candidates for the political subdivision
33 election for which that party circle applies.
-19- LRB9001780MWcd
1 At the consolidated nonpartisan election, the ballot for
2 school district offices shall precede the ballot for
3 community college district offices, and thereafter the ballot
4 order of the political subdivision officers to be elected
5 shall be as determined by the election authority. In the
6 case of school districts other than community consolidated
7 school districts, the ballot for non-high school district
8 offices shall precede the ballot for high school district
9 offices.
10 At the consolidated primary and at the consolidated
11 election, the ballot for nomination or election of municipal
12 officers shall precede the ballot for township officers. At
13 the consolidated election, following the ballot for municipal
14 and township offices shall be the ballots for park district
15 and library district offices, following which shall be the
16 ballots for other political subdivision offices in the order
17 determined by the election authority.
18 The election authority, in determining the order of
19 ballot placement for offices of political subdivisions whose
20 ballot placement is not specified in this Section, shall give
21 due regard to the clarity of the ballot presentation to the
22 voters, cost and administrative ease, and the requirement to
23 provide separate ballot formats within precincts in which the
24 electors are not entitled to vote for the same offices or
25 propositions. At the request of a political subdivision
26 which extends into more than one election jurisdiction, the
27 election authority shall endeavor to coordinate placement and
28 color of the ballot for such subdivision with the other
29 election authorities responsible for preparing ballots for
30 such subdivision election. The election authority may
31 conduct a lottery to determine the order of ballot placement
32 of political subdivision ballots where such order is not
33 specified in this Section. Such lottery may be conducted
34 jointly by two or more election authorities.
-20- LRB9001780MWcd
1 (Source: P.A. 81-1433.)
2 (10 ILCS 5/24-1.2) (from Ch. 46, par. 24-1.2)
3 Sec. 24-1.2. Paper ballots may be used for the conduct
4 of the non-partisan election and the consolidated election
5 elections in odd-numbered years, the special municipal
6 primary in even-numbered years, and emergency referenda held
7 at any time, except in regular elections in which the only
8 offices or propositions on the ballot are for political
9 subdivisions for which offices have heretofore been voted on
10 using voting machines or electronic voting systems and except
11 as otherwise provided by regulation of the State Board of
12 Elections adopted pursuant to this Section.
13 The State Board of Elections may adopt regulations
14 requiring the use of voting machines or electronic voting
15 devices, as are available in the jurisdiction of the election
16 authority, in such elections. Such regulations shall be
17 applicable uniformly statewide, and shall require the use of
18 such voting equipment only in those elections and only in
19 those precincts where (1) the ballots to be voted are
20 complex, due to large numbers of offices, candidates, or
21 public questions required to be on the ballot, (2) the number
22 of political subdivisions whose officers or public questions
23 are to be included on the ballot is substantial, and (3) the
24 use of such voting equipment is efficient, cost effective,
25 and does not result in unjustified election expenses to be
26 reimbursed by the political subdivisions that will share such
27 expenses pursuant to Sections 17-30 through 17-33. Such
28 regulations may provide reasonable classifications based on
29 the above factors.
30 (Source: P.A. 80-1469.)
31 Section 10. The Fire Protection District Act is amended
32 by changing Section 4.02 as follows:
-21- LRB9001780MWcd
1 (70 ILCS 705/4.02) (from Ch. 127 1/2, par. 24.02)
2 Sec. 4.02. In a district governed by an elected or
3 appointed 5-member board, upon presentation of a petition,
4 signed by not less than 5% of the electors of the district
5 governed by the board, requesting that a proposition to
6 increase the board of trustees to a 7-member board be
7 submitted to the electors of the district, the secretary of
8 the board of trustees shall certify the proposition to the
9 appropriate election authorities who shall submit the
10 proposition at a regular election in accordance with the
11 general election law. The general election law shall apply
12 to and govern such election. The proposition shall be in
13 substantially the following form:
14 -------------------------------------------------------------
15 Shall the number of trustees YES
16 of ..... Fire Protection District ------------------------
17 be increased from 5 to 7? NO
18 -------------------------------------------------------------
19 If a majority of the votes cast on such proposition are
20 in the affirmative, the board of trustees of the district
21 shall thereafter be increased to a 7-member board and the 2
22 additional trustees shall be appointed as provided by Section
23 4.01 in a district governed by an appointed board of
24 trustees.
25 In a district governed by an elected 5-member board, if a
26 majority of the votes cast on such proposition are in the
27 affirmative, three trustees shall be elected at the next
28 consolidated nonpartisan election and shall serve one for 2
29 years, one for 4 years and one for 6 years, the length of the
30 term of each to be determined by lot at the first board
31 meeting following the election. Thereafter, one trustee or
32 two trustees, as necessary to maintain a 7-member board of
33 trustees, shall be elected at the election provided by the
34 general election law for a term of 6 years.
-22- LRB9001780MWcd
1 Trustees in office on the effective date of this
2 amendatory Act of 1987 shall continue to hold office for the
3 remainder of their terms. The term of each elected trustee
4 shall commence on the first Monday in the month following his
5 election and each shall hold office until his term expires
6 and until a successor is elected and qualified.
7 (Source: P.A. 85-535.)
8 Section 15. The Public Community College Act is amended
9 by changing Sections 2-12.1 and 3-7 as follows:
10 (110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)
11 Sec. 2-12.1. Experimental district; abolition of
12 experimental district and establishment of new community
13 college district.
14 (a) The State Board shall establish an experimental
15 community college district, referred to in this Act as the
16 "experimental district", to be comprised of territory which
17 includes the City of East St. Louis, Illinois. The State
18 Board shall determine the area and fix the boundaries of the
19 territory of the experimental district. Within 30 days of the
20 establishment of the experimental district, the State Board
21 shall file with the county clerk of the county, or counties,
22 concerned a map showing the territory of the experimental
23 district.
24 Within the experimental district, the State Board shall
25 establish, maintain and operate, until the experimental
26 district is abolished and a new community college district is
27 established under subsection (c), an experimental community
28 college to be known as the State Community College of East
29 St. Louis.
30 (b) (Blank).
31 (c) The experimental district shall be abolished and
32 replaced by a new community college district as follows:
-23- LRB9001780MWcd
1 (1) The establishment of the new community college
2 district shall become effective for all purposes on July
3 1, 1996, notwithstanding any minimum population,
4 equalized assessed valuation or other requirements
5 provided by Section 3-1 or any other provision of this
6 Act for the establishment of a community college
7 district.
8 (2) The experimental district established pursuant
9 to subsection (a) shall be abolished on July 1, 1996 when
10 the establishment of the new community college district
11 becomes effective for all purposes.
12 (3) The territory of the new community college
13 district shall be comprised of the territory of, and its
14 boundaries shall be coterminous with the boundaries of
15 the experimental district which it will replace, as those
16 boundaries existed on November 7, 1995.
17 (4) Notwithstanding the fact that the establishment
18 of the new community college district does not become
19 effective for all purposes until July 1, 1996, the
20 election for the members of the initial board of the new
21 community college district, to consist of 7 members,
22 shall be held at the nonpartisan election in November of
23 1995 in the manner provided by the general election law,
24 nominating petitions for members of the initial board
25 shall be filed with the regional superintendent in the
26 manner provided by Section 3-7.10 with respect to newly
27 organized districts, and the persons entitled to nominate
28 and to vote at the election for the members of the board
29 of the new community college district shall be the
30 electors in the territory referred to in paragraph (3) of
31 this subsection. In addition, for purposes of the levy,
32 extension, and collection of taxes as provided in
33 paragraph (5.5) of this subsection and for the purposes
34 of establishing the territory and boundaries of the new
-24- LRB9001780MWcd
1 community college district within and for which those
2 taxes are to be levied, the new community college
3 district shall be deemed established and effective when
4 the 7 members of the initial board of the new community
5 college district are elected and take office as provided
6 in this subsection (c).
7 (5) Each member elected to the initial board of the
8 new community college district must, on the date of his
9 election, be a citizen of the United States, of the age
10 of 18 years or over, and a resident of the State and the
11 territory referred to in paragraph (3) of this subsection
12 for at least one year preceding his election. Election
13 to the initial board of the new community college
14 district of a person who on July 1, 1996 is a member of a
15 common school board constitutes his resignation from, and
16 creates a vacancy on that common school board effective
17 July 1, 1996.
18 (5.5) The members first elected to the board of
19 trustees shall take office on the first Monday of
20 December, 1995, for the sole and limited purpose of
21 levying, at the rates specified in the proposition
22 submitted to the electors under subsection (b), taxes for
23 the educational purposes and for the operations and
24 maintenance of facilities purposes of the new community
25 college district. The taxes shall be levied in calendar
26 year 1995 for extension and collection in calendar year
27 1996, notwithstanding the fact that the new community
28 college district does not become effective for the
29 purposes of administration of the community college until
30 July 1, 1996. The regional superintendent shall convene
31 the meeting under this paragraph and the members shall
32 organize for the purpose of that meeting by electing, pro
33 tempore, a chairperson and a secretary. At that meeting
34 the board is authorized to levy taxes for educational
-25- LRB9001780MWcd
1 purposes and for operations and maintenance of facilities
2 purposes as authorized in this paragraph without adopting
3 any budget for the new community college district and
4 shall certify the levy to the appropriate county clerk or
5 county clerks in accordance with law. The county clerks
6 shall extend the levy notwithstanding any law that
7 otherwise requires adoption of a budget before extension
8 of the levy. The funds produced by the levy made under
9 this paragraph to the extent received by a county
10 collector before July 1, 1996 shall immediately be
11 invested in lawful investments and held by the county
12 collector for payment and transfer to the new community
13 college district, along with all accrued interest or
14 other earnings accrued on the investment, as provided by
15 law on July 1, 1996. All funds produced by the levy and
16 received by a county collector on or after July 1, 1996
17 shall be transferred to the new community college
18 district as provided by law at such time as they are
19 received by the county collector.
20 (5.75) Notwithstanding any other provision of this
21 Section or the fact that establishment of the new
22 community college district as provided in this subsection
23 does not take effect until July 1, 1996, the members
24 first elected to the board of trustees of the new
25 community college district are authorized to meet,
26 beginning on June 1, 1996 and thereafter for purposes of:
27 (i) arranging for and approving educational programs,
28 ancillary services, staffing, and associated expenditures
29 that relate to the offering by the new community college
30 district of educational programs beginning on or after
31 July 1, 1996 and before the fall term of the 1996-97
32 academic year, and (ii) otherwise facilitating the
33 orderly transition of operations from the experimental
34 district known as State Community College of East St.
-26- LRB9001780MWcd
1 Louis to the new community college district established
2 under this subsection. The persons elected to serve, pro
3 tempore, as chairperson and secretary of the board for
4 purposes of paragraph (5.5) shall continue to serve in
5 that capacity for purposes of this paragraph (5.75).
6 (6) Except as otherwise provided in paragraphs
7 (5.5) and (5.75), each of the members first elected to
8 the board of the new community college district shall
9 take office on July 1, 1996, and the Illinois Community
10 College Board, publicly by lot and not later than July 1,
11 1996, shall determine the length of term to be served by
12 each member of the initial board as follows: 2 shall
13 serve until their successors are elected at the
14 consolidated nonpartisan election in 1997 and have
15 qualified, 2 shall serve until their successors are
16 elected at the consolidated nonpartisan election in 1999
17 and have qualified, and 3 shall serve until their
18 successors are elected at the consolidated nonpartisan
19 election in 2001 and have qualified. Their successors
20 shall serve 6 year terms.
21 (7) The regional superintendent shall convene the
22 initial board of the new community college district on
23 July 1, 1996, and the non-voting student member initially
24 selected to that board as provided in Section 3-7.24
25 shall serve a term beginning on the date of selection and
26 expiring on the next succeeding April 15. Upon being
27 convened on July 1, 1996, the board shall proceed to
28 organize in accordance with Section 3-8, and shall
29 thereafter continue to exercise the powers and duties of
30 a board in the manner provided by law for all boards of
31 community college districts except where obviously
32 inapplicable or otherwise provided by this Act.
33 Vacancies shall be filled, and members shall serve
34 without compensation subject to reimbursement for
-27- LRB9001780MWcd
1 reasonable expenses incurred in connection with their
2 service as members, as provided in Section 3-7. The duly
3 elected and organized board of the new community college
4 district shall levy taxes at a rate not to exceed .175
5 percent for educational purposes and at a rate not to
6 exceed .05 percent for operations and maintenance of
7 facilities purposes; provided that the board may act to
8 increase such rates at a regular election in accordance
9 with Section 3-14 and the general election law.
10 (d) Upon abolition of the experimental district and
11 establishment of the new community college district as
12 provided in this Section, all tangible personal property,
13 including inventory, equipment, supplies, and library books,
14 materials, and collections, belonging to the experimental
15 district and State Community College of East St. Louis at the
16 time of their abolition under this Section shall be deemed
17 transferred, by operation of law, to the board of trustees of
18 the new community college district. In addition, all real
19 property, and the improvements situated thereon, held by
20 State Community College of East St. Louis or on its behalf by
21 its board of trustees shall, upon abolition of the
22 experimental district and college as provided in this
23 Section, be conveyed by the Illinois Community College Board,
24 in the manner prescribed by law, to the board of trustees of
25 the new community college district established under this
26 Section for so long as that real property is used for the
27 conduct and operation of a public community college and the
28 related purposes of a public community college district of
29 this State. Neither the new community college district nor
30 its board of trustees shall have any responsibility to any
31 vendor or other person making a claim relating to the
32 property, inventory, or equipment so transferred.
33 (Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96.)
-28- LRB9001780MWcd
1 (110 ILCS 805/3-7) (from Ch. 122, par. 103-7)
2 Sec. 3-7. The election of the members of the board of
3 trustees shall be nonpartisan and shall be held at the time
4 and in the manner provided in the general election law.
5 Unless otherwise provided in this Act, members shall be
6 elected to serve 6 year terms. The term of members elected
7 in 1985 and thereafter shall be from the date the member is
8 officially determined to be elected to the board by a canvass
9 conducted pursuant to the Election Code, to the date that the
10 winner of the seat is officially determined by the canvass
11 conducted pursuant to the Election Code the next time the
12 seat on the board is to be filled by election.
13 A board of trustees of a community college district which
14 is contiguous or has been contiguous to an experimental
15 community college district as authorized and defined by
16 Article IV of this Act may, on its own motion, or shall, upon
17 the petition of the lesser of 1/10 or 2,000 of the voters
18 registered in the district, order submitted to the voters of
19 the district at the next general election the proposition for
20 the election of board members by trustee district rather than
21 at large, and such proposition shall thereupon be certified
22 by the secretary of the board to the proper election
23 authority in accordance with the general election law for
24 submission.
25 If the proposition is approved by a majority of those
26 voting on the proposition, the State Board of Elections, in
27 1991, shall reapportion the trustee districts to reflect the
28 results of the last decennial census, and shall divide the
29 community college district into 7 trustee districts, each of
30 which shall be compact, contiguous and substantially equal in
31 population to each other district. In 2001, and in the year
-29- LRB9001780MWcd
1 following each decennial census thereafter, the board of
2 trustees of community college District #522 shall reapportion
3 the trustee districts to reflect the results of the census,
4 and shall divide the community college district into 7
5 trustee districts, each of which shall be compact,
6 contiguous, and substantially equal in population to each
7 other district. The division of the community college
8 district into trustee districts shall be completed and
9 formally approved by a majority of the members appointed to
10 the State Board of Elections with respect to the initial
11 division of the community college district into 7 trustee
12 districts in 1991, and by a majority of the members of the
13 board of trustees of community college District #522 with
14 respect to the year following each decennial census
15 thereafter, not less than 60 days before the last date
16 established by the general election law for the submission of
17 nominating petitions for the next regularly scheduled
18 election for community college trustees. At the same meeting
19 of the board of trustees, the board shall, publicly by lot,
20 divide the trustee districts as equally as possible into 2
21 groups. Trustees or their successors from one group shall be
22 elected for successive terms of 4 years and 6 years; and
23 members or their successors from the second group shall be
24 elected for successive terms of 6 years and 4 years. One
25 member shall be elected from each such trustee district.
26 Each member must on the date of his election be a citizen
27 of the United States, of the age of 18 years or over, and a
28 resident of the State and the territory which on the date of
29 the election is included in the community college district
30 for at least one year immediately preceding his election. In
31 the event a person who is a member of a common school board
32 is elected or appointed to a board of trustees of a community
33 college district, that person shall be permitted to serve the
34 remainder of his or her term of office as a member of the
-30- LRB9001780MWcd
1 common school board. Upon the expiration of the common school
2 board term, that person shall not be eligible for election or
3 appointment to a common school board during the term of
4 office with the community college district board of trustees.
5 Whenever a vacancy occurs, the remaining members shall
6 fill the vacancy, and the person so appointed shall serve
7 until a successor is elected at the next regular election for
8 board members and is certified in accordance with Sections
9 22-17 and 22-18 of the Election Code. If the remaining
10 members fail so to act within 60 days after the vacancy
11 occurs, the chairman of the State Board shall fill that
12 vacancy, and the person so appointed shall serve until a
13 successor is elected at the next regular election for board
14 members and is certified in accordance with Sections 22-17
15 and 22-18 of the Election Code. The person appointed to fill
16 the vacancy shall have the same residential qualifications as
17 his predecessor in office was required to have. In either
18 instance, if the vacancy occurs with less than 4 months
19 remaining before the next scheduled consolidated nonpartisan
20 election, and the term of office of the board member vacating
21 the position is not scheduled to expire at that election,
22 then the term of the person so appointed shall extend through
23 that election and until the succeeding consolidated
24 nonpartisan election. If the term of office of the board
25 member vacating the position is scheduled to expire at the
26 upcoming consolidated nonpartisan election, the appointed
27 member shall serve only until a successor is elected and
28 qualified at that election.
29 Members of the board shall serve without compensation but
30 shall be reimbursed for their reasonable expenses incurred in
31 connection with their service as members. Compensation, for
32 purposes of this Section, means any salary or other benefits
33 not expressly authorized by this Act to be provided or paid
34 to, for or on behalf of members of the board. The board of
-31- LRB9001780MWcd
1 each community college district may adopt a policy providing
2 for the issuance of bank credit cards, for use by any board
3 member who requests the same in writing and agrees to use the
4 card only for the reasonable expenses which he or she incurs
5 in connection with his or her service as a board member.
6 Expenses charged to such credit cards shall be accounted for
7 separately and shall be submitted to the chief financial
8 officer of the district for review prior to being reported to
9 the board at its next regular meeting.
10 Except in an election of the initial board for a new
11 community college district created pursuant to Section 6-6.1,
12 the ballot for the election of members of the board for a
13 community college district shall indicate the length of term
14 for each office to be filled. In the election of a board for
15 any community college district, the ballot shall not contain
16 any political party designation.
17 (Source: P.A. 87-707; 87-776; 87-895; 88-686, eff. 1-24-95.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.