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Public Act 92-0869
SB616 Enrolled LRB9204556NTsbB
AN ACT concerning schools.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 3A-6 as follows:
(105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
Sec. 3A-6. Election of Superintendent for consolidated
region - Bond - Vacancies in any educational service region.
(a) The regional superintendent to be elected under
Section 3A-5 shall be elected at the time provided in the
general election law and must possess the qualifications
described in Section 3-1 of this Act.
(b) The bond required under Section 3-2 shall be filed
in the office of the county clerk in the county where the
regional office is situated, and a certified copy of that
bond shall be filed in the office of the county clerk in each
of the other counties in the region.
(c) When a vacancy occurs in the office of regional
superintendent of schools of any educational service region
which is not located in a county which is a home rule unit,
such vacancy shall be filled within 60 days (i) by
appointment of the chairman of the county board, with the
advice and consent of the county board, when such vacancy
occurs in a single county educational service region; or (ii)
by appointment of a committee composed of the chairmen of the
county boards of those counties comprising the affected
educational service region when such vacancy occurs in a
multicounty educational service region, each committeeman to
be entitled to one vote for each vote that was received in
the county represented by such committeeman on the committee
by the regional superintendent of schools whose office is
vacant at the last election at which a regional
superintendent was elected to such office, and the person
receiving the highest number of affirmative votes from the
committeemen for such vacant office to be deemed the person
appointed by such committee to fill the vacancy. The
appointee shall be a member of the same political party as
the regional superintendent of schools the appointee succeeds
was at the time such regional superintendent of schools last
was elected. The appointee shall serve for the remainder of
the term. However, if more than 28 months remain in that
term, the appointment shall be until the next general
election, at which time the vacated office shall be filled by
election for the remainder of the term. Nominations shall be
made and any vacancy in nomination shall be filled as
follows:
(1) If the vacancy in office occurs before the
first date provided in Section 7-12 of the Election Code
for filing nomination papers for county offices for the
primary in the next even-numbered year following
commencement of the term of office in which the vacancy
occurs, nominations for the election for filling the
vacancy shall be made pursuant to Article 7 of the
Election Code.
(2) If the vacancy in office occurs during the time
provided in Section 7-12 of the Election Code for filing
nomination papers for county offices for the primary in
the next even-numbered year following commencement of the
term of office in which the vacancy occurs, the time for
filing nomination papers for the primary shall not be
more than 91 days nor less than 85 days prior to the date
of the primary.
(3) If the vacancy in office occurs after the last
day provided in Section 7-12 of the Election Code for
filing nomination papers for county offices for the
primary in the next even-numbered year following
commencement of the term of office in which the vacancy
occurs, a vacancy in nomination shall be deemed to have
occurred and the county central committee of each
established political party (if the vacancy occurs in a
single county educational service region) or the
multi-county educational service region committee of each
established political party (if the vacancy occurs in a
multi-county educational service region) shall nominate,
by resolution, a candidate to fill the vacancy in
nomination for election to the office at the general
election. In the nomination proceedings to fill the
vacancy in nomination, each member of the county central
committee or the multi-county educational service region
committee, whichever applies, shall have the voting
strength as set forth in Section 7-8 or 7-8.02 of the
Election Code, respectively. The name of the candidate
so nominated shall not appear on the ballot at the
general primary election. The vacancy in nomination
shall be filled prior to the date of certification of
candidates for the general election.
(4) The resolution to fill the vacancy shall be
duly acknowledged before an officer qualified to take
acknowledgments of deeds and shall include, upon its
face, the following information: (A) the name of the
original nominee and the office vacated; (B) the date on
which the vacancy occurred; and (C) the name and address
of the nominee selected to fill the vacancy and the date
of selection. The resolution to fill the vacancy shall be
accompanied by a statement of candidacy, as prescribed in
Section 7-10 of the Election Code, completed by the
selected nominee, a certificate from the State Board of
Education, as prescribed in Section 3-1 of this Code, and
a receipt indicating that the nominee has filed a
statement of economic interests as required by the
Illinois Governmental Ethics Act.
The provisions of Sections 10-8 through 10-10.1 of the
Election Code relating to objections to nomination papers,
hearings on objections, and judicial review shall also apply
to and govern objections to nomination papers and resolutions
for filling vacancies in nomination filed pursuant to this
Section. Unless otherwise specified in this Section, the
nomination and election provided for in this Section is
governed by the general election law.
Except as otherwise provided by applicable county
ordinance or by law, if a vacancy occurs in the office of
regional superintendent of schools of an educational service
region that is located in a county that is a home rule unit
and that has a population of less than 2,000,000 inhabitants,
that vacancy shall be filled by the county board of such home
rule county.
Until July 1, 2003 or until the regional superintendent
of schools elected in 2002 takes office, whichever occurs
first, if a vacancy exists in the office of regional
superintendent of schools of an educational service region
that is located in a county that is a home rule unit and that
has a population of 2,000,000 or more inhabitants, then that
vacancy shall be filled by the first assistant
superintendent/deputy superintendent until the end of the
term to which the regional superintendent was elected. Until
July 1, 1994, if a vacancy occurs in the office of regional
superintendent of schools of an educational service region
that is located in a county that is a home rule unit and that
has a population of 2,000,000 or more inhabitants, that
vacancy shall be filled by the county board of that home rule
county unless otherwise provided by applicable county
ordinance or by law. On and after July 1, 1994, the
provisions of this Section shall have no application in any
educational service region that is located in any county,
including a county that is a home rule unit, if that
educational service region has a population of 2,000,000 or
more inhabitants.
Any person appointed to fill a vacancy in the office of
regional superintendent of schools of any educational service
region must possess the qualifications required to be elected
to the position of regional superintendent of schools, and
shall obtain a certificate of eligibility from the State
Superintendent of Education and file same with the county
clerk of the county in which the regional superintendent's
office is located.
If the regional superintendent of schools is called into
the active military service of the United States, his office
shall not be deemed to be vacant, but a temporary appointment
shall be made as in the case of a vacancy. The appointee
shall perform all the duties of the regional superintendent
of schools during the time the regional superintendent of
schools is in the active military service of the United
States, and shall be paid the same compensation apportioned
as to the time of service, and such appointment and all
authority thereunder shall cease upon the discharge of the
regional superintendent of schools from such active military
service. The appointee shall give the same bond as is
required of a regularly elected regional superintendent of
schools.
(Source: P.A. 92-277, eff. 8-7-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly December 05, 2002.
Approved January 03, 2003.
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