99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3302
 
Introduced , by Rep. Elaine Nekritz
 
SYNOPSIS AS INTRODUCED:



      
10 ILCS 5/10-6 from Ch. 46, par. 10-6
105 ILCS 5/9-10 from Ch. 122, par. 9-10
105 ILCS 5/10-10 from Ch. 122, par. 10-10

 Amends the Election Code and School Code. Authorizes nominations of candidates for schools district offices to be filed with the county clerk or county board of election commissioners of the county (instead of the election authority) in which the principal office of the school district is located. Makes changes concerning what the county clerk or county board of election commissioners may receive and file. Provides that if a board of education vacancy occurs within 90 days before the first date for filing petitions for the next regularly scheduled consolidated election (rather than with less than 868 days remaining in the term or less than 88 days before the next regularly scheduled election), then the person so appointed shall serve the remainder of the unexpired term, and no election to fill the vacancy shall be held. Requires the regional superintendent of schools to fill the vacancy within 60 (rather than 45) days if the remaining members have failed to fill the vacancy. Effective immediately.



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A BILL FOR
 


HB3302LRB099 06942 SXM 27024 b



1 AN ACT concerning education.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Election Code is amended by changing Section 
510-6 as follows:




6 (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)



7 Sec. 10-6. Time and manner of filing. Certificates
of

8nomination and nomination papers for the nomination of 
9candidates for
offices to be filled by electors of the entire 
10State, or any district
not entirely within a county, or for 
11congressional, state legislative or
judicial offices, shall be 
12presented to the principal office of the
State Board of 
13Elections not more than 141 nor less than 134
days previous
to 
14the day of election for which the candidates are nominated. The

15State Board of Elections shall endorse the certificates of 
16nomination or
nomination papers, as the case may be, and the 
17date and hour of
presentment to it. Except as otherwise 
18provided in this section, all
other certificates for the 
19nomination of candidates shall be filed with
the county clerk 
20of the respective counties not more than 141 but at
least 134 
21days previous to the day of such election. Certificates of 
22nomination and nomination papers for the nomination of 
23candidates for school district offices to be filled at 
 
 
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1consolidated elections shall be filed with the county clerk or 
2county board of election commissioners of the county election 
3authority in which the principal office of the school district 
4is located not more than 113 nor less than 106 days before the 
5consolidated election. Certificates
of
nomination and 
6nomination papers for the nomination of candidates for
the 
7other offices of political subdivisions to be filled at regular 
8elections
other than the general election shall be filed with 
9the local election
official of such subdivision:

10  (1) (Blank);

11  (2) not more than 113 nor less than 106 days prior to 
12 the
consolidated
election; or

13  (3) not more than 113 nor less than 106 days prior to 
14 the general
primary in the case of municipal offices to be 
15 filled at the general
primary election; or

16  (4) not more than 99 nor less than 92 days before the

17 consolidated
primary in the case of municipal offices to be 
18 elected on a nonpartisan
basis pursuant to law (including 
19 without limitation, those municipal
offices subject to 
20 Articles 4 and 5 of the Municipal Code); or

21  (5) not more than 113 nor less than 106 days before the 
22 municipal
primary in even numbered years for such 
23 nonpartisan municipal offices
where annual elections are 
24 provided; or

25  (6) in the case of petitions for the office of 
26 multi-township assessor,
such petitions shall be filed 
 
 
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1 with the election authority not more than
113 nor less than 
2 106 days before the consolidated election.

3 However, where a political subdivision's boundaries are 
4co-extensive
with or are entirely within the jurisdiction of a 
5municipal board of
election commissioners, the certificates of 
6nomination and nomination
papers for candidates for such 
7political subdivision offices shall be filed
in the office of 
8such Board.

9(Source: P.A. 98-691, eff. 7-1-14.)



10 Section 10. The School Code is amended by changing Sections 
119-10 and 10-10 as follows:




12 (105 ILCS 5/9-10) (from Ch. 122, par. 9-10)



13 Sec. 9-10. Candidates for office - Nominating petitions. 
14Candidates for
the office of school director shall be nominated 
15by petition signed by at
least 25 voters or 5% of the voters, 
16whichever is less, residing within
the district and filed with 
17the county clerk or the county board of election commissioners, 
18as the case may be, of the county in which the principal office 
19of the school district is located.

20 Nominations for members of boards of education, including 
21non-high school
boards of education shall be made by a petition 
22signed by at least 50 voters
or 10% of the voters, whichever is 
23less, residing within the district and
shall be filed with the 
24county clerk or the county board of election commissioners, as 
 
 
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1the case may be, of the county in which the principal office of 
2the school district is located. In addition
to the requirements 
3of the general election law, the form of such petitions
shall 
4be substantially as follows:

5
NOMINATING PETITIONS


6
(LEAVE OUT THE INAPPLICABLE PART.)


7 To the (County Clerk or County Board of Election 
8Commissioners) .... of .... County:

9 We the undersigned, being (.... or more) (or 10% or more) 
10(or 5% or more)
of the voters residing within said district, 
11hereby petition that .... who
resides at .... in the (city or 
12village) of .... in Township .... (or who
resides outside any 
13city, village or incorporated town and in Township ....) in

14said district shall be a candidate for the office of .... of 
15the board of
education (or board of directors) (full term) 
16(vacancy) to be voted for at the
election to be held on (insert 
17date).

18 Name: .................. Address: ...................


19 In the designation of the name of a candidate on a petition 
20for
nomination, the candidate's given name or names, initial or 
21initials, a nickname by which the candidate is commonly known, 
22or a combination thereof may be used in addition to the 
23candidate's surname. If a candidate has changed his or her 
24name, whether by a statutory or common law procedure in 
25Illinois or any other jurisdiction, within 3 years before the 
 
 
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1last day for filing the petition, then (i) the candidate's name 
2on the petition must be followed by "formerly known as (list 
3all prior names during the 3-year period) until name changed on 
4(list date of each such name change)" and (ii) the petition 
5must be accompanied by the candidate's affidavit stating the 
6candidate's previous names during the period specified in 
7clause (i) and the date or dates each of those names was 
8changed; failure to meet these requirements shall be grounds 
9for denying certification of the candidate's name for the 
10ballot, but these requirements do not apply to name changes 
11resulting from adoption to assume an adoptive parent's or 
12parents' surname, marriage to assume a spouse's surname, or 
13dissolution of marriage or declaration of invalidity of 
14marriage to assume a former surname. No other designation, such 
15as a political slogan, as defined by Section 7-17 of the 
16Election Code, title or degree, or nickname suggesting or 
17implying possession of a title, degree or professional status, 
18or similar information may be used in connection with the 
19candidate's surname.


20 Nomination papers filed under this Section are not valid 
21unless the candidate
named therein files with the county clerk 
22or the county board of election commissioners, as the case may 
23be, of the county in which the principal office of the school 
24district is located a receipt
from the county clerk showing 
25that the candidate has filed a statement of
economic interests 
26as required by the Illinois Governmental Ethics Act.
Such 
 
 
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1receipt shall be so filed either previously during the calendar 
2year
in which his nomination papers were filed or within the 
3period for the filing
of nomination papers in accordance with 
4the general election law.

5 All petitions for the nomination of members of a board of 
6education shall
be filed with the county clerk or the county 
7board of election commissioners, as the case may be, of the 
8county in which the principal office of the school district is 
9located within the time provided for
by the general election 
10law. The county clerk or the county board of election 
11commissioners shall receive and file only
those petitions which 
12include a statement of candidacy, the required number
of voter 
13signatures, the notarized signature of the petition circulator

14and a receipt from the County Clerk showing that the candidate 
15has filed
a statement of economic interest on or before the 
16last day to file as required
by the Illinois Governmental 
17Ethics Act. The county clerk or the county board of election 
18commissioners may have petition
forms available
for issuance to 
19potential candidates, and may give notice of the petition

20filing period by publication in a newspaper of general 
21circulation within
the school district not less than 10 days 
22prior to the first day of filing.
The county clerk or the 
23county board of election commissioners shall make 
24certification to the proper election authorities
in accordance 
25with the general election law.


26 The county clerk or the county board of election 
 
 
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1commissioners, as the case may be, of the county in which the 
2principal office of the school district is located shall notify 
3the candidates
for whom a petition for nomination is filed or 
4the appropriate committee
of the obligations under the Campaign 
5Financing Act as provided in the general
election law. Such 
6notice
shall be given on a form prescribed by the State Board 
7of Elections and
in accordance with the requirements of the 
8general election law. The county clerk or county board of 
9election commissioners
shall within 7 days of filing or on the 
10last day for filing, whichever is
earlier, acknowledge to the 
11petitioner in writing the office's acceptance of the
petition.

12 A candidate for membership on the board of education or for 
13office as a
school director, who has petitioned for nomination 
14to fill a full term and
to fill a vacant term to be voted upon 
15at the same election, must withdraw
his or her petition for 
16nomination from either the full term or the vacant
term by 
17written declaration.

18 In all newly organized districts the petition for the 
19nomination of
candidates
for members of the board of education 
20at the first election shall be addressed
to and filed with the 
21regional superintendent of schools in the manner herein

22specified for the petitions for
members of a board of 
23education. For such election the regional superintendent
shall 
24fulfill all duties otherwise assigned to the secretary of the 
25board
of education.

26(Source: P.A. 98-115, eff. 7-29-13.)





 
 
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1 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)



2 Sec. 10-10. Board of education; term; vacancy. All school 
3districts
having a population of not fewer than 1,000 and not 
4more than 500,000
inhabitants, as ascertained by any special or 
5general census, and not
governed by special Acts, shall be 
6governed by a board of education
consisting of 7 members, 
7serving without compensation except as herein
provided. Each 
8member shall be elected for a term of 4 years for the initial 
9members
of the board of education of a combined school district 
10to which that
subsection applies. If 5 members are elected in 
111983 pursuant to the extension
of terms provided by
law for 
12transition to the consolidated election schedule under the 
13general
election law, 2 of those members shall be elected to 
14serve terms of 2 years
and 3 shall be elected to serve terms of 
154 years; their successors shall
serve for a 4 year term. When 
16the voters of a district have voted to elect
members of the 
17board of education for 6 year terms, as provided in Section

189-5, the terms of office of members of the board of education 
19of that
district expire when their successors assume office but 
20not later than 7
days after such election. If at the regular 
21school election held in the
first odd-numbered year after the 
22determination to elect members for 6 year
terms 2 members are 
23elected, they shall serve for a 6 year term; and of the
members 
24elected at the next regular school election 3 shall serve for a

25term of 6 years and 2 shall serve a term of 2 years. Thereafter 
 
 
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1members
elected in such districts shall be elected to a 6 year 
2term. If at the
regular school election held in the first 
3odd-numbered year after the
determination to elect members for 
46 year terms 3 members are elected, they
shall serve for a 6 
5year term; and of the members elected at the next
regular 
6school election 2 shall serve for a term of 2 years and 2 shall

7serve for a term of 6 years. Thereafter members elected in such 
8districts
shall be elected to a 6 year term. If at the regular 
9school election held
in the first odd-numbered year after the 
10determination to elect members for
6 year terms 4 members are 
11elected, 3 shall serve for a term of 6 years and
one shall 
12serve for a term of 2 years; and of the members elected at the

13next regular school election 2 shall serve for terms of 6 years 
14and 2 shall
serve for terms of 2 years. Thereafter members 
15elected in such districts
shall be elected to a 6 year term. If 
16at the regular school election held
in the first odd-numbered 
17year after the determination to elect members for
a 6 year term 
185 members are elected, 3 shall serve for a term of 6 years
and 2 
19shall serve for a term of 2 years; and of the members elected 
20at the
next regular school election 2 shall serve for terms of 
216 years and 2 shall
serve for terms of 2 years. Thereafter 
22members elected in such districts
shall be elected to a 6 year 
23term. An election for board members shall not
be held in school 
24districts which by consolidation, annexation or otherwise

25shall cease to exist as a school district within 6 months after 
26the
election date, and the term of all board members which 
 
 
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1would otherwise
terminate shall be continued until such 
2district shall cease to exist. Each
member, on the date of his 
3or her election, shall be a
citizen of the United
States of the 
4age of 18 years or over, shall be a resident of the State and

5the
territory of the district for at least one year immediately 
6preceding his or
her
election, shall be a registered voter as 
7provided in the general election
law,
shall not be a school 
8trustee, must not have been removed from a school board 
9pursuant to Section 2-3.25f-5 of this Code (unless subsequently 
10appointed as a member of an Independent Authority or if it has 
11been 10 years since the abolition of the Independent Authority 
12in the district), and shall not be a child
sex offender as 
13defined in Section 11-9.3 of the
Criminal Code of 2012. When 
14the board of
education is the successor of the school 
15directors, all rights of property,
and all rights regarding 
16causes of action existing or vested in such
directors, shall 
17vest in it as fully as they were vested in the school

18directors. Terms of members are subject to Section 2A-54 of the 
19Election Code.

20 Nomination papers filed under this Section are not valid 
21unless the candidate
named therein files with the county clerk 
22or the county board of election commissioners, as the case may 
23be, of the county in which the principal office of the school 
24district is located a receipt
from the county clerk showing 
25that the candidate has filed a statement of
economic interests 
26as required by the Illinois Governmental Ethics Act.
Such 
 
 
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1receipt shall be so filed either previously during the calendar 
2year
in which his nomination papers were filed or within the 
3period for the filing
of nomination papers in accordance with 
4the general election law.

5 Whenever a vacancy occurs, the remaining members shall 
6notify the
regional superintendent of that vacancy within 5 
7days after its occurrence
and shall proceed to fill the vacancy 
8until the next regular school
election, at which election a 
9successor shall be elected to serve the
remainder of the 
10unexpired term. However, if, after the effective date of this 
11amendatory Act of the 99th General Assembly, if the vacancy 
12occurs within 90 days before the first date for filing 
13petitions for the next regularly scheduled consolidated 
14election, with less
than 868 days remaining in the term, or if 
15the vacancy occurs
less than 88
days before the next regularly 
16scheduled election for this office then the
person so appointed 
17shall serve the remainder of the unexpired term, and no

18election to fill the vacancy shall be held. Should they fail so 
19to
act, within 60 45 days after the vacancy occurs, the 
20regional superintendent
of schools under whose supervision and 
21control the district is operating,
as defined in Section 3-14.2 
22of this Act, shall within 30 days after the
remaining members 
23have failed to fill the vacancy, fill the vacancy as
provided 
24for herein. Upon the regional superintendent's failure to fill 
25the
vacancy, the vacancy shall be filled at the next regularly 
26scheduled
election. Whether elected or appointed by the 
 
 
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1remaining members or regional
superintendent, the successor 
2shall be an inhabitant of the particular area
from which his or 
3her predecessor was elected if the residential requirements

4contained in Section 10-10.5 or 12-2 of this Code apply.

5 A board of education may appoint a student to the board to 
6serve in an advisory capacity. The student member shall serve 
7for a term as determined by the board. The board may not grant 
8the student member any voting privileges, but shall consider 
9the student member as an advisor. The student member may not 
10participate in or attend any executive session of the board.

11(Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13; 
1298-1155, eff. 1-9-15.)