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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0296 Introduced , by Rep. Ron Sandack SYNOPSIS AS INTRODUCED:
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Amends the Election Code. Provides that the offices of elected members of school boards, school trustees, directors of boards of school directors, trustees of county boards of school trustees, members of boards of school inspectors, and members of school boards in school districts that adopt Article 33 of the School Code shall be filled or shall be on the ballot at the general election in the appropriate even-numbered years (now, at the consolidated election in the appropriate odd-numbered years). Provides that, for elections on and after June 1, 2016, a member of a Board of School Directors, a member of an elected Board of Education, a member of a Board of School Inspectors, a trustee of a Regional Board of School Trustees, or a trustee of schools, as the case may be, shall be elected at the general election that immediately precedes the expiration of the term of any incumbent member, to succeed each incumbent member whose term ends before the following general election. Provides that the term of an incumbent of any of those offices serving on the effective date of the amendatory Act is extended to the first Monday in the first month following the next general election after the date that his or her term would have expired had this amendatory Act not been enacted, and the term of the successor in office shall commence on that first Monday. Makes other changes. Amends the School Code to make changes conforming to the changes to the time of election of members of school boards made by the amendatory Act. Effective June 1, 2016.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Election Code is amended by changing |
| 5 | | Sections 2A-1.2, 2A-48, 2A-49, 2A-50, and 2A-51 and by adding |
| 6 | | Section 2A-48.1 as follows:
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| 7 | | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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| 8 | | Sec. 2A-1.2. Consolidated Schedule of Elections - Offices |
| 9 | | Designated.
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| 10 | | (a) At the general election in the appropriate |
| 11 | | even-numbered years, the
following offices shall be filled or |
| 12 | | shall be on the ballot as otherwise
required by this Code:
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| 13 | | (1) Elector of President and Vice President of the |
| 14 | | United States;
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| 15 | | (2) United States Senator and United States |
| 16 | | Representative;
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| 17 | | (3) State Executive Branch elected officers;
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| 18 | | (4) State Senator and State Representative;
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| 19 | | (5) County elected officers, including State's |
| 20 | | Attorney, County Board
member, County Commissioners, and |
| 21 | | elected President of the County Board or
County Chief |
| 22 | | Executive;
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| 23 | | (6) Circuit Court Clerk;
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| 1 | | (7) Regional Superintendent of Schools, except in |
| 2 | | counties or
educational service regions in which that |
| 3 | | office has been abolished;
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| 4 | | (8) Judges of the Supreme, Appellate and Circuit |
| 5 | | Courts, on the question
of retention, to fill vacancies and |
| 6 | | newly created judicial offices;
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| 7 | | (9) (Blank);
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| 8 | | (10) Trustee of the Metropolitan Sanitary District of |
| 9 | | Chicago, and elected
Trustee of other Sanitary Districts;
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| 10 | | (11) Special District elected officers, not otherwise |
| 11 | | designated in this
Section, where the statute creating or |
| 12 | | authorizing the creation of
the district requires an annual |
| 13 | | election and permits or requires election
of candidates of |
| 14 | | political parties; . |
| 15 | | (12) Members of school boards in school districts that |
| 16 | | adopt Article 33
of the School Code; |
| 17 | | (13) Elected members of school boards, school |
| 18 | | trustees, directors of
boards of school directors, |
| 19 | | trustees of county boards of school trustees
(except in |
| 20 | | counties or educational service regions having a |
| 21 | | population
of 2,000,000 or more inhabitants), and members |
| 22 | | of boards of school inspectors,
except school boards in |
| 23 | | school
districts that adopt Article 33 of the School Code.
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| 24 | | (b) At the general primary election:
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| 25 | | (1) in each even-numbered year candidates of political |
| 26 | | parties shall be
nominated for those offices to be filled |
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| 1 | | at the general election in that
year, except where pursuant |
| 2 | | to law nomination of candidates of political
parties is |
| 3 | | made by caucus.
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| 4 | | (2) in the appropriate even-numbered years the |
| 5 | | political party offices of
State central committeeman, |
| 6 | | township committeeman, ward committeeman, and
precinct |
| 7 | | committeeman shall be filled and delegates and alternate |
| 8 | | delegates
to the National nominating conventions shall be |
| 9 | | elected as may be required
pursuant to this Code. In the |
| 10 | | even-numbered years in which a Presidential
election is to |
| 11 | | be held, candidates in the Presidential preference primary
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| 12 | | shall also be on the ballot.
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| 13 | | (3) in each even-numbered year, where the municipality |
| 14 | | has provided for
annual elections to elect municipal |
| 15 | | officers pursuant to Section 6(f) or
Section 7 of Article |
| 16 | | VII of the Constitution, pursuant to the Illinois
Municipal |
| 17 | | Code or pursuant to the municipal charter, the offices of |
| 18 | | such
municipal officers shall be filled at an election held |
| 19 | | on the date of the
general primary election, provided that |
| 20 | | the municipal election shall be a
nonpartisan election |
| 21 | | where required by the Illinois Municipal Code. For
partisan |
| 22 | | municipal elections in even-numbered years, a primary to |
| 23 | | nominate
candidates for municipal office to be elected at |
| 24 | | the general primary
election shall be held on the Tuesday 6 |
| 25 | | weeks preceding that election.
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| 26 | | (4) in each school district which has adopted the |
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| 1 | | provisions of
Article 33 of the School Code, successors to |
| 2 | | the members of the board
of education whose terms expire in |
| 3 | | the year in which the general primary is
held shall be |
| 4 | | elected.
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| 5 | | (c) At the consolidated election in the appropriate |
| 6 | | odd-numbered years,
the following offices shall be filled:
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| 7 | | (1) Municipal officers, provided that in |
| 8 | | municipalities in which
candidates for alderman or other |
| 9 | | municipal office are not permitted by law
to be candidates |
| 10 | | of political parties, the runoff election where required
by |
| 11 | | law, or the nonpartisan election where required by law, |
| 12 | | shall be held on
the date of the consolidated election; and |
| 13 | | provided further, in the case of
municipal officers |
| 14 | | provided for by an ordinance providing the form of
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| 15 | | government of the municipality pursuant to Section 7 of |
| 16 | | Article VII of the
Constitution, such offices shall be |
| 17 | | filled by election or by runoff
election as may be provided |
| 18 | | by such ordinance;
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| 19 | | (2) Village and incorporated town library directors;
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| 20 | | (3) City boards of stadium commissioners;
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| 21 | | (4) Commissioners of park districts;
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| 22 | | (5) Trustees of public library districts;
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| 23 | | (6) Special District elected officers, not otherwise |
| 24 | | designated in this
section, where the statute creating or |
| 25 | | authorizing the creation of the district
permits or |
| 26 | | requires election of candidates of political parties;
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| 1 | | (7) Township officers, including township park |
| 2 | | commissioners, township
library directors, and boards of |
| 3 | | managers of community buildings, and
Multi-Township |
| 4 | | Assessors;
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| 5 | | (8) Highway commissioners and road district clerks;
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| 6 | | (9) (Blank); Members of school boards in school |
| 7 | | districts which adopt Article 33
of the School Code;
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| 8 | | (10) The directors and chairman of the Chain O Lakes - |
| 9 | | Fox River Waterway
Management Agency;
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| 10 | | (11) Forest preserve district commissioners elected |
| 11 | | under Section 3.5 of
the Downstate Forest Preserve District |
| 12 | | Act;
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| 13 | | (12) (Blank); Elected members of school boards, school |
| 14 | | trustees, directors of
boards of school directors, |
| 15 | | trustees of county boards of school trustees
(except in |
| 16 | | counties or educational service regions having a |
| 17 | | population
of 2,000,000 or more inhabitants) and members of |
| 18 | | boards of school inspectors,
except school boards in school
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| 19 | | districts that adopt Article 33 of the School Code;
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| 20 | | (13) Members of Community College district boards;
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| 21 | | (14) Trustees of Fire Protection Districts;
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| 22 | | (15) Commissioners of the Springfield Metropolitan |
| 23 | | Exposition and
Auditorium
Authority;
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| 24 | | (16) Elected Trustees of Tuberculosis Sanitarium |
| 25 | | Districts;
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| 26 | | (17) Elected Officers of special districts not |
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| 1 | | otherwise designated in
this Section for which the law |
| 2 | | governing those districts does not permit
candidates of |
| 3 | | political parties.
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| 4 | | (d) At the consolidated primary election in each |
| 5 | | odd-numbered year,
candidates of political parties shall be |
| 6 | | nominated for those offices to be
filled at the consolidated |
| 7 | | election in that year, except where pursuant to
law nomination |
| 8 | | of candidates of political parties is made by caucus, and
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| 9 | | except those offices listed in paragraphs (12) through (17) of |
| 10 | | subsection
(c).
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| 11 | | At the consolidated primary election in the appropriate |
| 12 | | odd-numbered years,
the mayor, clerk, treasurer, and aldermen |
| 13 | | shall be elected in
municipalities in which
candidates for |
| 14 | | mayor, clerk, treasurer, or alderman are not permitted by
law |
| 15 | | to be candidates
of political parties, subject to runoff |
| 16 | | elections to be held at the
consolidated election as may be |
| 17 | | required
by law, and municipal officers shall be nominated in a |
| 18 | | nonpartisan election
in municipalities in which pursuant to law |
| 19 | | candidates for such office are
not permitted to be candidates |
| 20 | | of political parties.
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| 21 | | At the consolidated primary election in the appropriate |
| 22 | | odd-numbered years,
municipal officers shall be nominated or |
| 23 | | elected, or elected subject to
a runoff, as may be provided by |
| 24 | | an ordinance providing a form of government
of the municipality |
| 25 | | pursuant to Section 7 of Article VII of the Constitution. |
| 26 | | At the consolidated primary election in the appropriate |
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| 1 | | odd-numbered years, in each school district which has adopted |
| 2 | | the provisions of
Article 33 of the School Code, successors to |
| 3 | | the members of the board
of education whose terms expire in the |
| 4 | | year in which the consolidated primary is
held shall be |
| 5 | | elected.
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| 6 | | (e) (Blank).
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| 7 | | (f) At any election established in Section 2A-1.1, public |
| 8 | | questions may
be submitted to voters pursuant to this Code and |
| 9 | | any special election
otherwise required or authorized by law or |
| 10 | | by court order may be conducted
pursuant to this Code.
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| 11 | | Notwithstanding the regular dates for election of officers |
| 12 | | established
in this Article, whenever a referendum is held for |
| 13 | | the establishment of
a political subdivision whose officers are |
| 14 | | to be elected, the initial officers
shall be elected at the |
| 15 | | election at which such referendum is held if otherwise
so |
| 16 | | provided by law. In such cases, the election of the initial |
| 17 | | officers
shall be subject to the referendum.
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| 18 | | Notwithstanding the regular dates for election of |
| 19 | | officials established
in this Article, any community college |
| 20 | | district which becomes effective by
operation of law pursuant |
| 21 | | to Section 6-6.1 of the Public Community College
Act, as now or |
| 22 | | hereafter amended, shall elect the initial district board
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| 23 | | members at the next regularly scheduled election following the |
| 24 | | effective
date of the new district.
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| 25 | | (g) At any election established in Section 2A-1.1, if in |
| 26 | | any precinct
there are no offices or public questions required |
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| 1 | | to be on the ballot under
this Code then no election shall be |
| 2 | | held in the precinct on that date.
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| 3 | | (h) There may be conducted a
referendum in accordance with |
| 4 | | the provisions of Division 6-4 of the
Counties Code.
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| 5 | | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, |
| 6 | | eff. 8-9-96; 90-358, eff. 1-1-98.)
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| 7 | | (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
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| 8 | | Sec. 2A-48. Board of School Directors - Member - Time of |
| 9 | | Election. For elections prior to June 1, 2016, a A
member of a |
| 10 | | Board of School Directors or a member of an elected Board of
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| 11 | | Education, as the case may be, shall be elected at each |
| 12 | | consolidated
election to succeed each incumbent member whose |
| 13 | | term ends before the
following consolidated election. For |
| 14 | | elections on and after June 1, 2016, and except for members of |
| 15 | | a Board of Education in a school district that has adopted |
| 16 | | Article 33 of the School Code, a member of a Board of School |
| 17 | | Directors or a member of an elected Board of Education, as the |
| 18 | | case may be, shall be elected at the general election that |
| 19 | | immediately precedes the expiration of the term of any |
| 20 | | incumbent member, to succeed each incumbent member whose term |
| 21 | | ends before the following general election. |
| 22 | | Notwithstanding any provision of law to the contrary, and |
| 23 | | except for members of a Board of Education in a school district |
| 24 | | that has adopted Article 33 of the School Code, the term of any |
| 25 | | incumbent serving on the effective date of this amendatory Act |
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| 1 | | of the 99th General Assembly is extended to the first Monday in |
| 2 | | the first month following the next general election after the |
| 3 | | date that his or her term would have expired had this |
| 4 | | amendatory Act of the 99th General Assembly not been enacted, |
| 5 | | and the term of the successor in office shall commence on that |
| 6 | | first Monday.
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| 7 | | (Source: P.A. 90-358, eff. 1-1-98.)
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| 8 | | (10 ILCS 5/2A-48.1 new) |
| 9 | | Sec. 2A-48.1. Article 33 Board of Education - Member - Time |
| 10 | | of Election. A member of a Board of Education in a school |
| 11 | | district that has adopted Article 33 of the School Code shall |
| 12 | | be elected at the general election or consolidated primary |
| 13 | | election, as appropriate, that immediately precedes the |
| 14 | | expiration of the term of any incumbent member, to succeed each |
| 15 | | incumbent member whose term ends before the following general |
| 16 | | election or consolidated primary election, as appropriate. |
| 17 | | Notwithstanding any provision of law to the contrary, the |
| 18 | | term of any incumbent member of a Board of Education in a |
| 19 | | school district that has adopted Article 33 of the School Code |
| 20 | | who is serving on the effective date of this amendatory Act of |
| 21 | | the 99th General Assembly is extended to July 1 of the year |
| 22 | | following the next election after the date that his or her term |
| 23 | | would have expired had this amendatory Act of the 99th General |
| 24 | | Assembly not been enacted, and the term of the successor in |
| 25 | | office shall commence on July 1 of that year.
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| 1 | | (10 ILCS 5/2A-49) (from Ch. 46, par. 2A-49)
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| 2 | | Sec. 2A-49. Board of School Inspectors - Member - Time of |
| 3 | | Election. For elections prior to June 1, 2016, a A member of a |
| 4 | | Board of School Inspectors shall be elected at the
consolidated |
| 5 | | election which immediately precedes the
expiration of the
term |
| 6 | | of any incumbent school inspector, to succeed each incumbent |
| 7 | | school
inspector whose term ends before the following |
| 8 | | consolidated
election. For elections on and after June 1, 2016, |
| 9 | | a member of a Board of School Inspectors shall be elected at |
| 10 | | the general election that immediately precedes the expiration |
| 11 | | of the term of any incumbent school inspector, to succeed each |
| 12 | | incumbent member whose term ends before the following general |
| 13 | | election.
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| 14 | | Notwithstanding any provision of law to the contrary, the |
| 15 | | term of any incumbent serving on the effective date of this |
| 16 | | amendatory Act of the 99th General Assembly is extended to the |
| 17 | | first Monday in the first month following the next general |
| 18 | | election after the date that his or her term would have expired |
| 19 | | had this amendatory Act of the 99th General Assembly not been |
| 20 | | enacted, and the term of the successor in office shall commence |
| 21 | | on that first Monday. |
| 22 | | (Source: P.A. 90-358, eff. 1-1-98.)
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| 23 | | (10 ILCS 5/2A-50) (from Ch. 46, par. 2A-50)
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| 24 | | Sec. 2A-50.
Regional Board of School Trustees - Trustee - |
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| 1 | | Time of
Election. For elections prior to June 1, 2016, and |
| 2 | | except Except in educational service regions having a |
| 3 | | population of
2,000,000 or more inhabitants, a trustee of a |
| 4 | | Regional Board of School
Trustees shall be elected at the |
| 5 | | consolidated election to
succeed each incumbent
trustee whose |
| 6 | | term ends before the following consolidated
election. For |
| 7 | | elections on and after June 1, 2016, and except in educational |
| 8 | | service regions having a population of 2,000,000 or more |
| 9 | | inhabitants, a trustee of a Regional Board of School Trustees |
| 10 | | shall be elected at the general election that immediately |
| 11 | | precedes the expiration of the term of any incumbent trustee, |
| 12 | | to succeed each incumbent trustee whose term ends before the |
| 13 | | following general election.
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| 14 | | Notwithstanding any provision of law to the contrary, the |
| 15 | | term of any incumbent serving on the effective date of this |
| 16 | | amendatory Act of the 99th General Assembly is extended to the |
| 17 | | first Monday in the first month following the next general |
| 18 | | election after the date that his or her term would have expired |
| 19 | | had this amendatory Act of the 99th General Assembly not been |
| 20 | | enacted, and the term of the successor in office shall commence |
| 21 | | on that first Monday. |
| 22 | | (Source: P.A. 90-358, eff. 1-1-98.)
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| 23 | | (10 ILCS 5/2A-51) (from Ch. 46, par. 2A-51)
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| 24 | | Sec. 2A-51. Schools - Trustee - Time of Election. For |
| 25 | | elections prior to June 1, 2016, and except Except in a
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| 1 | | township in which all school districts located therein have |
| 2 | | withdrawn from
the jurisdiction and authority of the trustees |
| 3 | | of schools under the
provisions of subsection (b) of Section |
| 4 | | 5-1 of the School Code and except
in townships in which the |
| 5 | | office of trustee of schools has been abolished
as provided in |
| 6 | | subsection (c) of Section 5-1 of the School Code,
a trustee of |
| 7 | | schools shall be elected in townships at the consolidated
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| 8 | | election which immediately precedes the expiration of the term |
| 9 | | of any
incumbent trustee, to succeed each incumbent trustee |
| 10 | | whose term ends before
the following consolidated election. For |
| 11 | | elections on and after June 1, 2016, and except in a township |
| 12 | | in which all school districts located therein have withdrawn |
| 13 | | from the jurisdiction and authority of the trustees of schools |
| 14 | | under the provisions of subsection (b) of Section 5-1 of the |
| 15 | | School Code and except in townships in which the office of |
| 16 | | trustee of schools has been abolished as provided in subsection |
| 17 | | (c) of Section 5-1 of the School Code, a trustee of schools |
| 18 | | shall be elected in townships at the general election that |
| 19 | | immediately precedes the expiration of the term of any |
| 20 | | incumbent trustee, to succeed each incumbent trustee whose term |
| 21 | | ends before the following general election.
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| 22 | | Notwithstanding any provision of law to the contrary, the |
| 23 | | term of any incumbent serving on the effective date of this |
| 24 | | amendatory Act of the 99th General Assembly is extended to the |
| 25 | | first Monday in the first month following the next general |
| 26 | | election after the date that his or her term would have expired |
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| 1 | | had this amendatory Act of the 99th General Assembly not been |
| 2 | | enacted, and the term of the successor in office shall commence |
| 3 | | on that first Monday. |
| 4 | | (Source: P.A. 90-358, eff. 1-1-98.)
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| 5 | | Section 10. The School Code is amended by changing Sections |
| 6 | | 5-4, 5-13, 6-4, 6-17, 10-4, 10-10, 10-16, 32-1.1, 32-2.12, and |
| 7 | | 33-1 as follows:
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| 8 | | (105 ILCS 5/5-4) (from Ch. 122, par. 5-4)
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| 9 | | Sec. 5-4. Election of trustees. The election of trustees of |
| 10 | | schools shall be held in even-numbered odd-numbered years
at |
| 11 | | the election specified in the general election law. In |
| 12 | | townships in which
no election for school
trustees has been |
| 13 | | held, or in townships in which from any cause there are
no |
| 14 | | trustees of schools and the law requires that there be school |
| 15 | | trustees,
the election of trustees of schools shall be held at |
| 16 | | the same
time.
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| 17 | | No person shall be nominated for the office of trustee of |
| 18 | | schools, in townships
containing 20,000 inhabitants or over, |
| 19 | | except by petition signed by at least
twenty-five voters of the |
| 20 | | school township in which he is seeking nomination
and election |
| 21 | | filed with the township
treasurer, or, in case of a first |
| 22 | | election, with the county clerk.
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| 23 | | A candidate for election as a school trustee, who has |
| 24 | | petitioned for nomination
to fill a full term and to fill a |
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| 1 | | vacant term to be voted upon at the same
election, must |
| 2 | | withdraw his or her petition for nomination from either the
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| 3 | | full term or the vacant term by written declaration, which |
| 4 | | shall be signed
and acknowledged by an officer authorized to |
| 5 | | take such acknowledgments and
which is filed with the township |
| 6 | | treasurer in the township in which he or
she is a candidate |
| 7 | | within the time provided by the general election law.
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| 8 | | (Source: P.A. 80-1469.)
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| 9 | | (105 ILCS 5/5-13) (from Ch. 122, par. 5-13)
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| 10 | | Sec. 5-13. Term of office of trustees. In townships already |
| 11 | | organized,
the school trustee shall be elected in each |
| 12 | | even-numbered odd numbered year for a term
of 6 years to |
| 13 | | succeed the trustee whose term expires in such even-numbered |
| 14 | | odd numbered year.
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| 15 | | The first-elected trustees in a newly organized township |
| 16 | | shall at their
first meeting cast lots for their respective |
| 17 | | terms of office, for 2, 4 and
6 years; and thereafter 1 trustee |
| 18 | | shall be elected in each even-numbered odd-numbered
year.
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| 19 | | (Source: P.A. 81-1490.)
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| 20 | | (105 ILCS 5/6-4) (from Ch. 122, par. 6-4)
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| 21 | | Sec. 6-4. Election date. Members of the regional board of |
| 22 | | school trustees
shall be elected at the regular election |
| 23 | | specified in the general
election law in each even-numbered |
| 24 | | odd-numbered year.
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| 1 | | (Source: P.A. 81-1490.)
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| 2 | | (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
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| 3 | | Sec. 6-17. Election of president - Terms of members. Except |
| 4 | | as otherwise
provided in Section 2A-54 of the Election Code, on |
| 5 | | the third
Monday in the first month May, following the first |
| 6 | | election, or if such day is
a holiday
then the next day, the |
| 7 | | regional
superintendent of schools who shall be the ex-officio |
| 8 | | secretary of the
board shall convene the newly elected regional |
| 9 | | board of school trustees
for the purpose of organization. |
| 10 | | Except as provided in Section 2A-54 of the
Election Code, at |
| 11 | | this meeting the members shall
elect a president from among |
| 12 | | their number who shall serve as president
for a term of 2 years |
| 13 | | and shall determine by lot the length of the term
of each |
| 14 | | member so that 2 shall serve for a term of 2 years, 2 for 4
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| 15 | | years and 3 for 6 years from the third Monday of the month
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| 16 | | following the date of their election. Except as provided in |
| 17 | | Section 2A-54 of
the Election Code, thereafter members shall be |
| 18 | | elected
to serve for a term of 6 years from the third Monday of |
| 19 | | the month following
the date of their election or until their |
| 20 | | successors are elected and qualified.
|
| 21 | | All succeeding meetings for the purpose of organization |
| 22 | | shall be held
on the third Monday in the first month May |
| 23 | | following the election; however, in
case the
third Monday in |
| 24 | | the first month following the election May is a holiday the |
| 25 | | organization meeting shall
be held
on the next day.
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| 1 | | If educational service regions are consolidated under |
| 2 | | Section 3A-3 or
3A-4 of this Act, however, the expiring terms |
| 3 | | of members of each regional
board of school trustees in those |
| 4 | | regions being consolidated shall be
extended so as to terminate |
| 5 | | on the first Monday of August of the year that
consolidation |
| 6 | | takes effect, as defined in Section 3A-5 of this Act, and, on
|
| 7 | | such day, the Regional Superintendent of the consolidated |
| 8 | | region shall
convene all the members of each regional board of |
| 9 | | school trustees in the
consolidated region, and shall by lot |
| 10 | | select from among such trustees an
interim regional board of |
| 11 | | school trustees for the consolidated region in
accord with the |
| 12 | | specifications as to membership and residency in Section
6-2. |
| 13 | | The interim board so selected shall serve until their |
| 14 | | successors are
elected at the succeeding regular election of |
| 15 | | regional school trustees and
have qualified. A single regional |
| 16 | | board of school trustees shall be elected
at such succeeding |
| 17 | | regular election to take office on the third Monday of
the |
| 18 | | month following such election. The board elected for the |
| 19 | | consolidated
region shall be convened on such third
Monday of |
| 20 | | the month following such
election for organizational purposes, |
| 21 | | to elect a president and determine
terms for its members by lot |
| 22 | | as provided in this Section. The respective
regional boards of |
| 23 | | school trustees of educational service regions involved
in |
| 24 | | consolidations under Section 3A-3 or 3A-4 shall cease to exist |
| 25 | | at the
time the board elected for the consolidated region is so |
| 26 | | organized.
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| 1 | | (Source: P.A. 93-847, eff. 7-30-04.)
|
| 2 | | (105 ILCS 5/10-4) (from Ch. 122, par. 10-4)
|
| 3 | | Sec. 10-4. Election of directors.
|
| 4 | | (a) In all districts, directors shall be elected in each |
| 5 | | even-numbered odd-numbered
year, each for a term of 4 years.
|
| 6 | | (b) In consolidated districts where 5 directors
are elected |
| 7 | | in 1981 pursuant to the extension of terms provided by law for
|
| 8 | | transition to the consolidated election schedule under the |
| 9 | | general election
law, those directors elected shall, by lot, |
| 10 | | determine
2 of their number to serve 2 years and 3 to serve 4 |
| 11 | | years; their successors
shall serve for a 4 year term.
|
| 12 | | (c) If a proposition to increase the membership of a school |
| 13 | | district's
board of school directors to 7 directors and to |
| 14 | | elect a new 7-member board of
school directors to replace the |
| 15 | | district's existing board of 3 school directors
is approved by |
| 16 | | the electors of the district at a regular scheduled election as
|
| 17 | | provided in subsection (b) of Section 10-1, 7 members shall be |
| 18 | | elected at the
next regular school election, in the manner |
| 19 | | provided by Article 9, to serve as
the board of school |
| 20 | | directors of that district. The terms of office of the 3
|
| 21 | | members of the board of school directors serving at the time of |
| 22 | | the election of
the initial 7-member board of school directors |
| 23 | | shall expire when the 7 newly
elected members of the initial |
| 24 | | 7-member board of school directors assume office
and are |
| 25 | | organized as provided in Section 10-5. At their organizational
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| 1 | | meeting, the initial members of the 7-member board of school |
| 2 | | directors shall by
lot determine 4 of their number to serve 4 |
| 3 | | year terms and 3 of their number to
serve 2 year terms. Their |
| 4 | | successors shall serve for a 4 year term.
|
| 5 | | (d) In all other districts, one school director
shall be |
| 6 | | elected in each district every
other even-numbered |
| 7 | | odd-numbered year, and two school directors shall be elected in |
| 8 | | the
intervening even-numbered odd-numbered years.
|
| 9 | | (e) When a vacancy occurs in the membership of any board
of |
| 10 | | school directors the remaining members shall,
within 30
days, |
| 11 | | fill the vacancy by appointment until the next regular school
|
| 12 | | election, or, upon their failure so to do, the regional |
| 13 | | superintendent
shall make such appointment within the next 30 |
| 14 | | days to fill the
vacancy as herein provided.
Upon the regional |
| 15 | | superintendent's failure
to fill the vacancy, the vacancy shall |
| 16 | | be filled at the next regularly
scheduled
election.
|
| 17 | | (Source: P.A. 90-757, eff. 8-14-98.)
|
| 18 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
|
| 19 | | Sec. 10-10. Board of education; term; vacancy. All school |
| 20 | | districts
having a population of not fewer than 1,000 and not |
| 21 | | more than 500,000
inhabitants, as ascertained by any special or |
| 22 | | general census, and not
governed by special Acts, shall be |
| 23 | | governed by a board of education
consisting of 7 members, |
| 24 | | serving without compensation except as herein
provided. Each |
| 25 | | member shall be elected for a term of 4 years for the initial |
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| 1 | | members
of the board of education of a combined school district |
| 2 | | to which that
subsection applies. If 5 members are elected in |
| 3 | | 1983 pursuant to the extension
of terms provided by
law for |
| 4 | | transition to the consolidated election schedule under the |
| 5 | | general
election law, 2 of those members shall be elected to |
| 6 | | serve terms of 2 years
and 3 shall be elected to serve terms of |
| 7 | | 4 years; their successors shall
serve for a 4 year term. When |
| 8 | | the voters of a district have voted to elect
members of the |
| 9 | | board of education for 6 year terms, as provided in Section
|
| 10 | | 9-5, the terms of office of members of the board of education |
| 11 | | of that
district expire when their successors assume office but |
| 12 | | not later than 7
days after such election. If at the regular |
| 13 | | school election held in the
first even-numbered odd-numbered |
| 14 | | year after the determination to elect members for 6 year
terms |
| 15 | | 2 members are elected, they shall serve for a 6 year term; and |
| 16 | | of the
members elected at the next regular school election 3 |
| 17 | | shall serve for a
term of 6 years and 2 shall serve a term of 2 |
| 18 | | years. Thereafter members
elected in such districts shall be |
| 19 | | elected to a 6 year term. If at the
regular school election |
| 20 | | held in the first even-numbered odd-numbered year after the
|
| 21 | | determination to elect members for 6 year terms 3 members are |
| 22 | | elected, they
shall serve for a 6 year term; and of the members |
| 23 | | elected at the next
regular school election 2 shall serve for a |
| 24 | | term of 2 years and 2 shall
serve for a term of 6 years. |
| 25 | | Thereafter members elected in such districts
shall be elected |
| 26 | | to a 6 year term. If at the regular school election held
in the |
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| 1 | | first even-numbered odd-numbered year after the determination |
| 2 | | to elect members for
6 year terms 4 members are elected, 3 |
| 3 | | shall serve for a term of 6 years and
one shall serve for a term |
| 4 | | of 2 years; and of the members elected at the
next regular |
| 5 | | school election 2 shall serve for terms of 6 years and 2 shall
|
| 6 | | serve for terms of 2 years. Thereafter members elected in such |
| 7 | | districts
shall be elected to a 6 year term. If at the regular |
| 8 | | school election held
in the first even-numbered odd-numbered |
| 9 | | year after the determination to elect members for
a 6 year term |
| 10 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 |
| 11 | | shall serve for a term of 2 years; and of the members elected |
| 12 | | at the
next regular school election 2 shall serve for terms of |
| 13 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter |
| 14 | | members elected in such districts
shall be elected to a 6 year |
| 15 | | term. An election for board members shall not
be held in school |
| 16 | | districts which by consolidation, annexation or otherwise
|
| 17 | | shall cease to exist as a school district within 6 months after |
| 18 | | the
election date, and the term of all board members which |
| 19 | | would otherwise
terminate shall be continued until such |
| 20 | | district shall cease to exist. Each
member, on the date of his |
| 21 | | or her election, shall be a
citizen of the United
States of the |
| 22 | | age of 18 years or over, shall be a resident of the State and
|
| 23 | | the
territory of the district for at least one year immediately |
| 24 | | preceding his or
her
election, shall be a registered voter as |
| 25 | | provided in the general election
law,
shall not be a school |
| 26 | | trustee, and shall not be a child
sex offender as defined in |
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| 1 | | Section 11-9.3 of the
Criminal Code of 2012. When the board of
|
| 2 | | education is the successor of the school directors, all rights |
| 3 | | of property,
and all rights regarding causes of action existing |
| 4 | | or vested in such
directors, shall vest in it as fully as they |
| 5 | | were vested in the school
directors. Terms of members are |
| 6 | | subject to Section 2A-54 of the Election Code.
|
| 7 | | Nomination papers filed under this Section are not valid |
| 8 | | unless the candidate
named therein files with the county clerk |
| 9 | | or the county board of election commissioners, as the case may |
| 10 | | be, of the county in which the principal office of the school |
| 11 | | district is located a receipt
from the county clerk showing |
| 12 | | that the candidate has filed a statement of
economic interests |
| 13 | | as required by the Illinois Governmental Ethics Act.
Such |
| 14 | | receipt shall be so filed either previously during the calendar |
| 15 | | year
in which his nomination papers were filed or within the |
| 16 | | period for the filing
of nomination papers in accordance with |
| 17 | | the general election law.
|
| 18 | | Whenever a vacancy occurs, the remaining members shall |
| 19 | | notify the
regional superintendent of that vacancy within 5 |
| 20 | | days after its occurrence
and shall proceed to fill the vacancy |
| 21 | | until the next regular school
election, at which election a |
| 22 | | successor shall be elected to serve the
remainder of the |
| 23 | | unexpired term. However, if the vacancy occurs with less
than |
| 24 | | 868 days remaining in the term, or if the vacancy occurs
less |
| 25 | | than 88
days before the next regularly scheduled election for |
| 26 | | this office then the
person so appointed shall serve the |
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| 1 | | remainder of the unexpired term, and no
election to fill the |
| 2 | | vacancy shall be held. Should they fail so to
act, within 45 |
| 3 | | days after the vacancy occurs, the regional superintendent
of |
| 4 | | schools under whose supervision and control the district is |
| 5 | | operating,
as defined in Section 3-14.2 of this Act, shall |
| 6 | | within 30 days after the
remaining members have failed to fill |
| 7 | | the vacancy, fill the vacancy as
provided for herein. Upon the |
| 8 | | regional superintendent's failure to fill the
vacancy, the |
| 9 | | vacancy shall be filled at the next regularly scheduled
|
| 10 | | election. Whether elected or appointed by the remaining members |
| 11 | | or regional
superintendent, the successor shall be an |
| 12 | | inhabitant of the particular area
from which his or her |
| 13 | | predecessor was elected if the residential requirements
|
| 14 | | contained in Section 10-10.5 or 12-2 of this Code apply.
|
| 15 | | A board of education may appoint a student to the board to |
| 16 | | serve in an advisory capacity. The student member shall serve |
| 17 | | for a term as determined by the board. The board may not grant |
| 18 | | the student member any voting privileges, but shall consider |
| 19 | | the student member as an advisor. The student member may not |
| 20 | | participate in or attend any executive session of the board.
|
| 21 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13.)
|
| 22 | | (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
|
| 23 | | Sec. 10-16. Organization of Board. Within 28 days after the |
| 24 | | general consolidated
election, other than the consolidated |
| 25 | | elections in 1999 and 2001, the
board shall organize by |
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| 1 | | electing its officers and fixing a time and place
for the |
| 2 | | regular meetings. However, when school board members are |
| 3 | | elected at
the consolidated elections held in April of 1999 and |
| 4 | | April of 2001, the board
shall organize within 7 days after the |
| 5 | | first Tuesday after the first Monday of
November in each such |
| 6 | | year by electing officers and setting the time and place
of the |
| 7 | | regular meetings. Upon organizing itself as provided in this |
| 8 | | paragraph,
the board shall enter upon the discharge of its |
| 9 | | duties.
|
| 10 | | The regional superintendent of schools having supervision |
| 11 | | and control, as
provided in Section 3-14.2, of a new school
|
| 12 | | district that is governed by the School Code and formed on or |
| 13 | | after the
effective date of this amendatory Act of 1998 shall |
| 14 | | convene
the newly elected board within 7 days after the |
| 15 | | election of the board of
education of that district, whereupon
|
| 16 | | the board
shall proceed to organize by electing one of their |
| 17 | | number as
president and
electing a secretary, who may or may |
| 18 | | not be a member. At such meeting the
length of term of each of |
| 19 | | the members shall be determined by lot so that 4
shall serve |
| 20 | | for 4 years, and 3 for 2 years from the commencement of their
|
| 21 | | terms; provided, however, if such members were not elected at |
| 22 | | the general
consolidated election in an even-numbered |
| 23 | | odd-numbered year, such initial
terms shall be
extended to the |
| 24 | | general consolidated election for school board
members |
| 25 | | immediately
following the expiration of the initial 4 or 2 year |
| 26 | | terms.
The provisions of this paragraph that relate to the |
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| 1 | | determination of terms by
lot shall not apply to the initial |
| 2 | | members of the board of education of a
combined school district |
| 3 | | who are to be elected to unstaggered terms.
|
| 4 | | The terms of the
officers of a board of education shall be |
| 5 | | for 2 years, except that
the
terms of the officers elected at |
| 6 | | the organization meeting in November, 2001
shall expire at the |
| 7 | | organization meeting in April, 2003; provided that the
board by |
| 8 | | resolution may
establish a policy for the terms of office to be |
| 9 | | one year, and provide for
the election of officers.
|
| 10 | | Special meetings of the board of education may be called by |
| 11 | | the president
or by any 3 members of the board by giving notice |
| 12 | | thereof in writing, stating
the time, place and purpose of the |
| 13 | | meeting. Such notice may be served by
mail 48 hours before such |
| 14 | | meeting or by personal service 24 hours before
such meeting. |
| 15 | | Public notice of meetings must also be given as prescribed in
|
| 16 | | Sections 2.02 and 2.03 of the Open Meetings Act, as now or |
| 17 | | hereafter amended.
|
| 18 | | At each regular and special meeting which is open to the |
| 19 | | public, members
of the public and employees of the district |
| 20 | | shall be afforded time, subject
to reasonable constraints, to |
| 21 | | comment to or ask questions of the board.
|
| 22 | | The president or district superintendent shall, at each |
| 23 | | regular board
meeting, report any requests made of the district |
| 24 | | under provisions of The
Freedom of Information Act and shall |
| 25 | | report the status of the district's
response.
|
| 26 | | (Source: P.A. 93-847, eff. 7-30-04; 94-1019, eff. 7-10-06.)
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| 1 | | (105 ILCS 5/32-1.1) (from Ch. 122, par. 32-1.1)
|
| 2 | | Sec. 32-1.1. Election and powers of board - No provision in |
| 3 | | special act. In all special charter districts maintaining |
| 4 | | schools under any general school
laws, where there is no |
| 5 | | provision in the special Acts creating such districts
for the |
| 6 | | election of boards of education as otherwise provided, there |
| 7 | | shall
be elected, in lieu of the school directors as now |
| 8 | | provided, a board of
education, to consist of 7 members to be |
| 9 | | elected at the time and in the
manner as provided by the |
| 10 | | general election law for the
election and qualification of |
| 11 | | boards of education in other cases. In any
district having a |
| 12 | | population of more than 100,000 but less than
2,000,000
such |
| 13 | | board may be increased in size to 11 members upon adoption by a |
| 14 | | majority
of electors residing in the district and voting on the |
| 15 | | question in a referendum
as provided in this Section. Such |
| 16 | | question shall be submitted to the electors
at an election upon |
| 17 | | a resolution adopted by the Board. Members
shall be elected |
| 18 | | biennially in the school district, whose term of office
shall |
| 19 | | be 4 years,
and there shall also be elected in each |
| 20 | | even-numbered odd-numbered year
a president of the board. |
| 21 | | Following the first such election, those members
elected, other |
| 22 | | than the president, shall, by lot, determine 3 to serve 2
years |
| 23 | | and 3 to serve 4 years; thereafter, all terms shall be 4 years. |
| 24 | | In
other cases, however, if 4 members, other than the |
| 25 | | president, are elected
in 1983, then those elected shall, by |
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| 1 | | lot, determine one to serve for 2
years and 3 to serve 4 years; |
| 2 | | thereafter all terms shall be 4 years. In
neither case shall |
| 3 | | such determinations affect the biennial selection of
the |
| 4 | | president. At the first regular school election after
the |
| 5 | | adoption by the district electors of a question as provided in |
| 6 | | this
Section increasing the size of the board in those |
| 7 | | districts entitled to
exercise an option for and elect an 11 |
| 8 | | member board, 4 additional members
shall be elected and shall |
| 9 | | determine by lot 2 to serve for 2
years and 2 for 4 years.
Their |
| 10 | | successors shall serve for a 4 year term. In case of
an 11 |
| 11 | | member board already in existence, if 7 members, other than the
|
| 12 | | president,
are elected in 1983 then those members elected |
| 13 | | shall, by lot determine one
to serve 2 years and 6 to serve 4 |
| 14 | | years. Terms thereafter shall be 4 years.
The board of |
| 15 | | education shall have all the powers and duties of trustees
of |
| 16 | | schools in school townships and the powers and duties of boards |
| 17 | | of education
in districts having a population of not fewer than |
| 18 | | 1,000 and not more than
500,000 as provided by this Act.
|
| 19 | | The day upon which the election provided for in this |
| 20 | | section is to be held
is subject to the provisions of the |
| 21 | | general election law.
|
| 22 | | (Source: P.A. 86-225.)
|
| 23 | | (105 ILCS 5/32-2.12) (from Ch. 122, par. 32-2.12)
|
| 24 | | Sec. 32-2.12. Time for election of board members. In all |
| 25 | | special charter districts, the regular election of members
of |
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| 1 | | such boards shall hereafter be held on the date set for
school |
| 2 | | elections
as provided in the general election law in |
| 3 | | even-numbered
odd numbered years.
|
| 4 | | (Source: P.A. 81-1490.)
|
| 5 | | (105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
|
| 6 | | Sec. 33-1. Board of Education - Election - Terms. In all |
| 7 | | school districts,
including special charter districts having a |
| 8 | | population of 100,000 and not
more than 500,000, which adopt |
| 9 | | this Article, as hereinafter provided, there
shall be |
| 10 | | maintained a system of free schools in charge of a board of |
| 11 | | education,
which shall be a body politic and corporate by the |
| 12 | | name of "Board of Education
of the City of....". The board |
| 13 | | shall consist of 7 members elected by the
voters of the |
| 14 | | district. Except as provided in Section 33-1b of this Act,
the |
| 15 | | regular election for members of the board shall be held at the |
| 16 | | general consolidated election in even-numbered odd numbered |
| 17 | | years and at the consolidated general primary election
in |
| 18 | | odd-numbered even numbered years. The law governing the |
| 19 | | registration of voters for
the primary election shall apply to |
| 20 | | the regular election. At the first
regular election 7 persons |
| 21 | | shall be elected as members of the board. The
person who |
| 22 | | receives the greatest number of votes shall be elected for a
|
| 23 | | term of 5 years. The 2 persons who receive the second and third |
| 24 | | greatest
number of votes shall be elected for a term of 4 |
| 25 | | years. The person who
receives the fourth greatest number of |
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| 1 | | votes shall be elected
for a term of 3 years. The 2 persons who |
| 2 | | receive the fifth and sixth greatest
number of votes shall be |
| 3 | | elected for a term of 2 years. The person who
receives the |
| 4 | | seventh greatest number of votes shall be elected for a term
of |
| 5 | | 1 year. Thereafter, at each regular election for members of the |
| 6 | | board,
the successors of the members whose terms expire in the |
| 7 | | year of election
shall be elected for a term of 5 years. All |
| 8 | | terms shall commence on July
1 next succeeding the elections. |
| 9 | | Any vacancy occurring in the membership
of the board shall be |
| 10 | | filled by appointment until the next regular election
for |
| 11 | | members of the board.
|
| 12 | | In any school district which has adopted this Article, a |
| 13 | | proposition for
the election of board members by school board |
| 14 | | district rather than at large
may be submitted to the voters of |
| 15 | | the district at the regular school election
of any year in the |
| 16 | | manner provided in Section 9-22. If the proposition
is approved |
| 17 | | by a majority of those voting on the propositions, the board
|
| 18 | | shall divide the school district into 7 school board districts |
| 19 | | as provided
in Section 9-22. At the regular school election in |
| 20 | | the year following the
adoption of such proposition, one member |
| 21 | | shall be elected from each school
board district, and the 7 |
| 22 | | members so elected shall, by lot, determine one
to serve for |
| 23 | | one year, 2 for 2 years, one for 3 years, 2 for 4 years, and
one |
| 24 | | for 5 years. Thereafter their respective successors shall be |
| 25 | | elected
for terms of 5 years. The terms of all incumbent |
| 26 | | members expire July 1
of the year following the adoption of |
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| 1 | | such a proposition.
|
| 2 | | Any school district which has adopted this Article may, by |
| 3 | | referendum in
accordance with Section 33-1a, adopt the method |
| 4 | | of electing members of the
board of education provided in that |
| 5 | | Section.
|
| 6 | | Reapportionment of the voting districts provided for in |
| 7 | | this Article or
created pursuant to a court order, shall be |
| 8 | | completed pursuant to
Section 33-1c.
|
| 9 | | A board of education may appoint a student to the board to |
| 10 | | serve in an advisory capacity. The student member shall serve |
| 11 | | for a term as determined by the board. The board may not grant |
| 12 | | the student member any voting privileges, but shall consider |
| 13 | | the student member as an advisor. The student member may not |
| 14 | | participate in or attend any executive session of the board.
|
| 15 | | (Source: P.A. 94-231, eff. 7-14-05; 95-6, eff. 6-20-07.)
|
| 16 | | Section 99. Effective date. This Act takes effect June 1, |
| 17 | | 2016.
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| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
|
|