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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0042 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
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| 10 ILCS 5/2A-1.2 | from Ch. 46, par. 2A-1.2 | 10 ILCS 5/2A-48 | from Ch. 46, par. 2A-48 | 105 ILCS 5/34-3 | from Ch. 122, par. 34-3 | 105 ILCS 5/34-4 | from Ch. 122, par. 34-4 | 105 ILCS 5/34-4.1 new | | 105 ILCS 5/34-4.2 new | | 105 ILCS 5/34-13.1 | | 105 ILCS 5/34-21.9 new | |
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Amends the Election Code. Provides for the election of the Chicago Board of Education starting with the 2023 consolidated primary election. Makes related changes. Amends the Chicago School District Article of the School Code. Provides that a person shall be a U.S. citizen and registered voter and shall have been a resident of the city and the electoral district for at least one year immediately preceding his or her election. Sets forth provisions concerning nominating petitions and ballots. Sets forth provisions providing that the City of Chicago shall be subdivided into 20 electoral districts by the Chicago City Council for seats on the Chicago Board of Education. Sets forth provisions providing that in the year following each decennial census, the Chicago Board of Education shall redistrict the electoral districts to reflect the results of each decennial census. Makes other changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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| 1 | | AN ACT concerning education.
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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 and 2A-48 as follows:
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| 6 | | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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| 7 | | Sec. 2A-1.2. Consolidated schedule of elections - offices |
| 8 | | designated.
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| 9 | | (a) At the general election in the appropriate |
| 10 | | even-numbered years, the
following offices shall be filled or |
| 11 | | shall be on the ballot as otherwise
required by this Code:
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| 12 | | (1) Elector of President and Vice President of the |
| 13 | | United States;
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| 14 | | (2) United States Senator and United States |
| 15 | | Representative;
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| 16 | | (3) State Executive Branch elected officers;
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| 17 | | (4) State Senator and State Representative;
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| 18 | | (5) County elected officers, including State's |
| 19 | | Attorney, County Board
member, County Commissioners, and |
| 20 | | elected President of the County Board or
County Chief |
| 21 | | Executive;
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| 22 | | (6) Circuit Court Clerk;
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| 23 | | (7) Regional Superintendent of Schools, except in |
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| 1 | | counties or
educational service regions in which that |
| 2 | | office has been abolished;
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| 3 | | (8) Judges of the Supreme, Appellate and Circuit |
| 4 | | Courts, on the question
of retention, to fill vacancies and |
| 5 | | newly created judicial offices;
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| 6 | | (9) (Blank);
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| 7 | | (10) Trustee of the Metropolitan Sanitary District of |
| 8 | | Chicago, and elected
Trustee of other Sanitary Districts;
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| 9 | | (11) Special District elected officers, not otherwise |
| 10 | | designated in this
Section, where the statute creating or |
| 11 | | authorizing the creation of
the district requires an annual |
| 12 | | election and permits or requires election
of candidates of |
| 13 | | political parties.
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| 14 | | (b) At the general primary election:
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| 15 | | (1) in each even-numbered year candidates of political |
| 16 | | parties shall be
nominated for those offices to be filled |
| 17 | | at the general election in that
year, except where pursuant |
| 18 | | to law nomination of candidates of political
parties is |
| 19 | | made by caucus.
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| 20 | | (2) in the appropriate even-numbered years the |
| 21 | | political party offices of
State central committeeperson, |
| 22 | | township committeeperson, ward committeeperson, and
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| 23 | | precinct committeeperson shall be filled and delegates and |
| 24 | | alternate delegates
to the National nominating conventions |
| 25 | | shall be elected as may be required
pursuant to this Code. |
| 26 | | In the even-numbered years in which a Presidential
election |
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| 1 | | is to be held, candidates in the Presidential preference |
| 2 | | primary
shall also be on the ballot.
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| 3 | | (3) in each even-numbered year, where the municipality |
| 4 | | has provided for
annual elections to elect municipal |
| 5 | | officers pursuant to Section 6(f) or
Section 7 of Article |
| 6 | | VII of the Constitution, pursuant to the Illinois
Municipal |
| 7 | | Code or pursuant to the municipal charter, the offices of |
| 8 | | such
municipal officers shall be filled at an election held |
| 9 | | on the date of the
general primary election, provided that |
| 10 | | the municipal election shall be a
nonpartisan election |
| 11 | | where required by the Illinois Municipal Code. For
partisan |
| 12 | | municipal elections in even-numbered years, a primary to |
| 13 | | nominate
candidates for municipal office to be elected at |
| 14 | | the general primary
election shall be held on the Tuesday 6 |
| 15 | | weeks preceding that election.
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| 16 | | (4) in each school district which has adopted the |
| 17 | | provisions of
Article 33 of the School Code, successors to |
| 18 | | the members of the board
of education whose terms expire in |
| 19 | | the year in which the general primary is
held shall be |
| 20 | | elected.
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| 21 | | (c) At the consolidated election in the appropriate |
| 22 | | odd-numbered years,
the following offices shall be filled:
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| 23 | | (1) Municipal officers, provided that in |
| 24 | | municipalities in which
candidates for alderman or other |
| 25 | | municipal office are not permitted by law
to be candidates |
| 26 | | of political parties, the runoff election where required
by |
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| 1 | | law, or the nonpartisan election where required by law, |
| 2 | | shall be held on
the date of the consolidated election; and |
| 3 | | provided further, in the case of
municipal officers |
| 4 | | provided for by an ordinance providing the form of
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| 5 | | government of the municipality pursuant to Section 7 of |
| 6 | | Article VII of the
Constitution, such offices shall be |
| 7 | | filled by election or by runoff
election as may be provided |
| 8 | | by such ordinance;
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| 9 | | (2) Village and incorporated town library directors;
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| 10 | | (3) City boards of stadium commissioners;
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| 11 | | (4) Commissioners of park districts;
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| 12 | | (5) Trustees of public library districts;
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| 13 | | (6) Special District elected officers, not otherwise |
| 14 | | designated in this
Section, where the statute creating or |
| 15 | | authorizing the creation of the district
permits or |
| 16 | | requires election of candidates of political parties;
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| 17 | | (7) Township officers, including township park |
| 18 | | commissioners, township
library directors, and boards of |
| 19 | | managers of community buildings, and
Multi-Township |
| 20 | | Assessors;
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| 21 | | (8) Highway commissioners and road district clerks;
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| 22 | | (9) Members of school boards in school districts which |
| 23 | | adopt Article 33
of the School Code;
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| 24 | | (10) The directors and chair of the Chain O Lakes - Fox |
| 25 | | River Waterway
Management Agency;
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| 26 | | (11) Forest preserve district commissioners elected |
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| 1 | | under Section 3.5 of
the Downstate Forest Preserve District |
| 2 | | Act;
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| 3 | | (12) Elected members of school boards, school |
| 4 | | trustees, directors of
boards of school directors, |
| 5 | | trustees of county boards of school trustees
(except in |
| 6 | | counties or educational service regions having a |
| 7 | | population
of 2,000,000 or more inhabitants) and members of |
| 8 | | boards of school inspectors,
except school boards in school
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| 9 | | districts that adopt Article 33 of the School Code;
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| 10 | | (13) Members of Community College district boards;
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| 11 | | (14) Trustees of Fire Protection Districts;
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| 12 | | (15) Commissioners of the Springfield Metropolitan |
| 13 | | Exposition and
Auditorium
Authority;
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| 14 | | (16) Elected Trustees of Tuberculosis Sanitarium |
| 15 | | Districts;
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| 16 | | (17) Elected Officers of special districts not |
| 17 | | otherwise designated in
this Section for which the law |
| 18 | | governing those districts does not permit
candidates of |
| 19 | | political parties.
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| 20 | | (d) At the consolidated primary election in each |
| 21 | | odd-numbered year,
candidates of political parties shall be |
| 22 | | nominated for those offices to be
filled at the consolidated |
| 23 | | election in that year, except where pursuant to
law nomination |
| 24 | | of candidates of political parties is made by caucus, and
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| 25 | | except those offices listed in paragraphs (12) through (17) of |
| 26 | | subsection
(c).
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| 1 | | At the consolidated primary election in the appropriate |
| 2 | | odd-numbered years,
the mayor, clerk, treasurer, and aldermen |
| 3 | | shall be elected in
municipalities in which
candidates for |
| 4 | | mayor, clerk, treasurer, or alderman are not permitted by
law |
| 5 | | to be candidates
of political parties, subject to runoff |
| 6 | | elections to be held at the
consolidated election as may be |
| 7 | | required
by law, and municipal officers shall be nominated in a |
| 8 | | nonpartisan election
in municipalities in which pursuant to law |
| 9 | | candidates for such office are
not permitted to be candidates |
| 10 | | of political parties.
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| 11 | | At the consolidated primary election in the appropriate |
| 12 | | odd-numbered years,
municipal officers shall be nominated or |
| 13 | | elected, or elected subject to
a runoff, as may be provided by |
| 14 | | an ordinance providing a form of government
of the municipality |
| 15 | | pursuant to Section 7 of Article VII of the Constitution.
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| 16 | | At the consolidated primary election in 2023 and at the |
| 17 | | consolidated primary election every 4 years thereafter, |
| 18 | | members of the Chicago Board of Education shall be elected in a |
| 19 | | nonpartisan election. |
| 20 | | (e) (Blank).
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| 21 | | (f) At any election established in Section 2A-1.1, public |
| 22 | | questions may
be submitted to voters pursuant to this Code and |
| 23 | | any special election
otherwise required or authorized by law or |
| 24 | | by court order may be conducted
pursuant to this Code.
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| 25 | | Notwithstanding the regular dates for election of officers |
| 26 | | established
in this Article, whenever a referendum is held for |
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| 1 | | the establishment of
a political subdivision whose officers are |
| 2 | | to be elected, the initial officers
shall be elected at the |
| 3 | | election at which such referendum is held if otherwise
so |
| 4 | | provided by law. In such cases, the election of the initial |
| 5 | | officers
shall be subject to the referendum.
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| 6 | | Notwithstanding the regular dates for election of |
| 7 | | officials established
in this Article, any community college |
| 8 | | district which becomes effective by
operation of law pursuant |
| 9 | | to Section 6-6.1 of the Public Community College
Act, as now or |
| 10 | | hereafter amended, shall elect the initial district board
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| 11 | | members at the next regularly scheduled election following the |
| 12 | | effective
date of the new district.
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| 13 | | (g) At any election established in Section 2A-1.1, if in |
| 14 | | any precinct
there are no offices or public questions required |
| 15 | | to be on the ballot under
this Code then no election shall be |
| 16 | | held in the precinct on that date.
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| 17 | | (h) There may be conducted a
referendum in accordance with |
| 18 | | the provisions of Division 6-4 of the
Counties Code.
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| 19 | | (Source: P.A. 100-1027, eff. 1-1-19.)
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| 20 | | (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
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| 21 | | Sec. 2A-48. Board of School Directors and Board of |
| 22 | | Education - Member - Time of Election. A
member of a Board of |
| 23 | | School Directors or a member of an elected Board of
Education, |
| 24 | | as the case may be, shall be elected at each consolidated
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| 25 | | election to succeed each incumbent member whose term ends |
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| 1 | | before the
following consolidated election. A member of the |
| 2 | | Chicago Board of Education shall be elected at the appropriate |
| 3 | | consolidated primary election to succeed each incumbent member |
| 4 | | whose term expires in the year in which the consolidated |
| 5 | | primary election is held.
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| 6 | | (Source: P.A. 90-358, eff. 1-1-98.)
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| 7 | | Section 10. The School Code is amended by changing Sections |
| 8 | | 34-3, 34-4, and 34-13.1 and by adding Sections 34-4.1, 34-4.2, |
| 9 | | and 34-21.9 as follows:
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| 10 | | (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
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| 11 | | Sec. 34-3. Chicago School Reform Board of Trustees; new |
| 12 | | Chicago Board of
Education; members; term; vacancies.
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| 13 | | (a) Within 30 days after the effective date of this |
| 14 | | amendatory Act of
1995, the terms of all members of the Chicago |
| 15 | | Board of Education
holding office on that date are abolished |
| 16 | | and the Mayor shall appoint,
without the consent or approval of |
| 17 | | the City Council, a 5 member
Chicago School Reform Board of |
| 18 | | Trustees which shall take office upon the
appointment of the |
| 19 | | fifth member. The Chicago School
Reform Board of Trustees and |
| 20 | | its members
shall serve until, and the terms of all members of |
| 21 | | the Chicago School
Reform Board of Trustees shall expire on, |
| 22 | | June 30, 1999 or upon the
appointment of a new Chicago Board of |
| 23 | | Education as provided
in subsection (b), whichever is later. |
| 24 | | Any vacancy in the membership of
the Trustees shall be filled |
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| 1 | | through appointment by the Mayor,
without the consent or |
| 2 | | approval of the City Council, for the unexpired term.
One of |
| 3 | | the members appointed by the Mayor to the Trustees shall
be |
| 4 | | designated by the Mayor to serve as President of the Trustees. |
| 5 | | The
Mayor shall appoint a full-time, compensated
chief |
| 6 | | executive officer, and his or her compensation as such chief |
| 7 | | executive
officer shall be determined by the Mayor. The Mayor, |
| 8 | | at his or her discretion,
may appoint the President to serve |
| 9 | | simultaneously as the chief executive
officer.
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| 10 | | (b) This subsection (b) applies until May 9, 2023. Within |
| 11 | | 30 days before the expiration of the terms of the members of
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| 12 | | the Chicago Reform Board of Trustees as provided in subsection |
| 13 | | (a), a new
Chicago Board of Education consisting of 7 members |
| 14 | | shall be appointed by the
Mayor to take office on the later of |
| 15 | | July 1, 1999 or the appointment of the
seventh member. Three of |
| 16 | | the members initially so appointed under this
subsection shall |
| 17 | | serve for terms ending June 30, 2002, 4 of the members
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| 18 | | initially so appointed under this subsection shall serve for |
| 19 | | terms ending
June 30, 2003, and each member initially so |
| 20 | | appointed shall continue to hold
office until his or her |
| 21 | | successor is appointed and qualified. Thereafter at
the |
| 22 | | expiration of the term of any member a successor
shall be |
| 23 | | appointed by the Mayor and shall hold office for a term of 4 |
| 24 | | years,
from July 1 of the year in which the term commences and |
| 25 | | until a successor
is appointed and qualified. Any vacancy in |
| 26 | | the membership of the Chicago Board
of Education shall be |
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| 1 | | filled through appointment by the Mayor for the
unexpired term. |
| 2 | | No appointment to membership on the
Chicago Board of Education |
| 3 | | that is made by the Mayor under
this subsection shall require |
| 4 | | the approval of the City
Council, whether the appointment is |
| 5 | | made for a full term or to fill a vacancy
for an unexpired term |
| 6 | | on the Board. |
| 7 | | (b-5) On May 9, 2023, the terms of all members of the |
| 8 | | Chicago Board of Education appointed under subsection (b) of |
| 9 | | this Section are abolished when the new board, consisting of 15 |
| 10 | | members, is elected by the electors of the school district as |
| 11 | | provided in this subsection (b-5) and takes office. |
| 12 | | Each member shall be elected for a term of 4 years, |
| 13 | | commencing on the second Tuesday in May of the year in which |
| 14 | | the member is elected, and until the member's successor is |
| 15 | | elected and has qualified. For purposes of elections conducted |
| 16 | | pursuant to this subsection (b-5), the City of Chicago shall be |
| 17 | | subdivided into 14 electoral districts for seats on the Chicago |
| 18 | | Board of Education, as provided under Section 34-21.9 of this |
| 19 | | Code. Each district shall be represented by a member, and one |
| 20 | | member shall be elected at large and serve as the president of |
| 21 | | the board. |
| 22 | | Within 28 days after each board enters office, the board |
| 23 | | shall organize by electing its vice president and fixing a time |
| 24 | | and place for the regular meetings. No less than a majority of |
| 25 | | the board's regular meetings shall take place after regular |
| 26 | | business hours in order to maximize community participation. |
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| 1 | | Upon organizing itself as provided in this subsection (b-5), |
| 2 | | the board shall enter upon the discharge of its duties. |
| 3 | | Whenever a vacancy in the board occurs, the remaining |
| 4 | | members of the board shall notify the Mayor of that vacancy |
| 5 | | within 5 days after its occurrence and shall proceed to fill |
| 6 | | the vacancy until the next board election, at which election a |
| 7 | | successor shall be elected to serve the remainder of the |
| 8 | | unexpired term. However, if the vacancy occurs with less than |
| 9 | | 28 months remaining in the term or if the vacancy occurs less |
| 10 | | than 88 days before the next board election, then the person so |
| 11 | | appointed shall serve the remainder of the unexpired term, and |
| 12 | | no election to fill the vacancy shall be held. The successor |
| 13 | | shall have the same residential and other qualifications as his |
| 14 | | or her predecessor. Should the remaining board members fail to |
| 15 | | act within 45 days after the vacancy occurs, the Mayor shall, |
| 16 | | within 30 days after the remaining members have failed to fill |
| 17 | | the vacancy, fill the vacancy as provided for in this Section. |
| 18 | | Upon the Mayor's failure to fill the vacancy, the vacancy shall |
| 19 | | be filled at the next board election. The successor shall have |
| 20 | | the same residential and other qualifications as his or her |
| 21 | | predecessor. |
| 22 | | (b-10) The board shall elect annually from its
number a |
| 23 | | president and vice-president, in such
manner and at such
time |
| 24 | | as the board determines by its rules. The president elected by |
| 25 | | the voters and vice-president elected by the board officers so |
| 26 | | elected shall each
perform the duties imposed upon his or her |
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| 1 | | their respective office by the rules of the
board, provided |
| 2 | | that (i) the president shall preside at meetings of the board
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| 3 | | and vote as any other member but have no power of veto, and |
| 4 | | (ii) the vice
president shall perform the duties of the |
| 5 | | president if that office is vacant or
the president is absent |
| 6 | | or unable to act.
The secretary of the board Board shall be |
| 7 | | selected by the board Board and shall be an
employee of the |
| 8 | | board Board rather than a member of the board Board, |
| 9 | | notwithstanding
subsection (d) of Section 34-3.3. The duties of |
| 10 | | the secretary shall be
imposed by the rules of the board Board.
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| 11 | | (b-15) No member shall have, or be an employee or owner of |
| 12 | | a company that has, a contract with the school district. No |
| 13 | | former officer, member, or employee of the board shall, within |
| 14 | | a period of one year immediately after termination of service |
| 15 | | on the board, knowingly accept employment or receive |
| 16 | | compensation or fees for services from a person or entity if |
| 17 | | the officer, member, or employee, during the year immediately |
| 18 | | preceding termination of service on the board, participated |
| 19 | | personally and substantially in the award of contracts with the |
| 20 | | board or the school district, or the issuance of contract |
| 21 | | change orders with the board or the school district, with a |
| 22 | | cumulative value of $25,000 or more to the person or entity, or |
| 23 | | its parent or subsidiary. |
| 24 | | (c) The board may appoint a student to the board to serve |
| 25 | | in an advisory capacity. The student member shall serve for a |
| 26 | | term as determined by the board. The board may not grant the |
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| 1 | | student member any voting privileges, but shall consider the |
| 2 | | student member as an advisor. The student member may not |
| 3 | | participate in or attend any executive session of the board.
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| 4 | | (Source: P.A. 94-231, eff. 7-14-05.)
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| 5 | | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
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| 6 | | Sec. 34-4. Eligibility. |
| 7 | | (a) To be eligible for election appointment to the board, a
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| 8 | | person shall be a citizen of the United States, shall be a |
| 9 | | registered voter
as provided in the Election Code, shall have |
| 10 | | been a resident of the city and the electoral district for at
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| 11 | | least one year 3 years immediately
preceding his or her |
| 12 | | election appointment, and shall not be a child sex offender
as |
| 13 | | defined in Section 11-9.3 of the
Criminal Code of 2012. A |
| 14 | | person is ineligible for election or appointment to the board |
| 15 | | if that person is an employee of the school district. All |
| 16 | | persons eligible for election to the board shall be nominated |
| 17 | | by a petition signed by no less than 250 voters residing within |
| 18 | | the electoral district on a petition in order to be placed on |
| 19 | | the ballot, except that persons eligible for election to the |
| 20 | | board at large shall be nominated by a petition signed by no |
| 21 | | less than 2,500 voters residing within the city. |
| 22 | | Permanent removal from the city by any member of
the board |
| 23 | | during his or her term of office constitutes a resignation |
| 24 | | therefrom and
creates a vacancy in the board. Board Except for |
| 25 | | the President of the Chicago
School Reform Board of Trustees |
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| 1 | | who may be paid compensation for his or her
services as chief |
| 2 | | executive officer as determined by the Mayor as provided in
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| 3 | | subsection (a) of Section 34-3, board members shall serve |
| 4 | | without any
compensation; provided, that board members shall be |
| 5 | | reimbursed for expenses
incurred while in the performance of |
| 6 | | their duties upon submission of proper
receipts or upon |
| 7 | | submission of a signed voucher in the case of an expense
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| 8 | | allowance evidencing the amount of such reimbursement or |
| 9 | | allowance to the
president of the board for verification and |
| 10 | | approval. Board members The board of
education may continue to |
| 11 | | provide health care insurance coverage, employer
pension |
| 12 | | contributions, employee pension contributions, and life |
| 13 | | insurance
premium payments for an employee required to resign |
| 14 | | from
an administrative, teaching, or career service position in |
| 15 | | order to qualify
as a member of the board of education. They |
| 16 | | shall not hold other public
office under the Federal, State or |
| 17 | | any local government other than that of
Director of the |
| 18 | | Regional Transportation Authority, member of the economic
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| 19 | | development commission of a city having a population exceeding |
| 20 | | 500,000,
notary public or member of the National Guard, and by |
| 21 | | accepting any such
office while members of the board, or by not |
| 22 | | resigning any such office held
at the time of being elected |
| 23 | | appointed to the board within 30 days after such election
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| 24 | | appointment, shall be deemed to have vacated their membership |
| 25 | | in the board.
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| 26 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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| 1 | | (105 ILCS 5/34-4.1 new) |
| 2 | | Sec. 34-4.1. Nomination petitions. In addition to the |
| 3 | | requirements of the general election law, the form of petitions |
| 4 | | under Section 34-4 of this Code shall be substantially as |
| 5 | | follows: |
| 6 | | NOMINATING PETITIONS |
| 7 | | (LEAVE OUT THE INAPPLICABLE PART.) |
| 8 | | To the Board of Election Commissioners for the City of |
| 9 | | Chicago: |
| 10 | | We the undersigned, being (.... or more) of the voters |
| 11 | | residing within said district, hereby petition that .... who |
| 12 | | resides at .... in the City of Chicago shall be a candidate for |
| 13 | | the office of .... of the board of education (full term) |
| 14 | | (vacancy) to be voted for at the election to be held on (insert |
| 15 | | date). |
| 16 | | Name: .................. Address: ................... |
| 17 | | In the designation of the name of a candidate on a petition |
| 18 | | for nomination, the candidate's given name or names, initial or |
| 19 | | initials, a nickname by which the candidate is commonly known, |
| 20 | | or a combination thereof may be used in addition to the |
| 21 | | candidate's surname. If a candidate has changed his or her |
| 22 | | name, whether by a statutory or common law procedure in |
| 23 | | Illinois or any other jurisdiction, within 3 years before the |
| 24 | | last day for filing the petition, then (i) the candidate's name |
| 25 | | on the petition must be followed by "formerly known as (list |
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| 1 | | all prior names during the 3-year period) until name changed on |
| 2 | | (list date of each such name change)" and (ii) the petition |
| 3 | | must be accompanied by the candidate's affidavit stating the |
| 4 | | candidate's previous names during the period specified in |
| 5 | | clause (i) and the date or dates each of those names was |
| 6 | | changed; failure to meet these requirements shall be grounds |
| 7 | | for denying certification of the candidate's name for the |
| 8 | | ballot, but these requirements do not apply to name changes |
| 9 | | resulting from adoption to assume an adoptive parent's or |
| 10 | | parents' surname, marriage to assume a spouse's surname, or |
| 11 | | dissolution of marriage or declaration of invalidity of |
| 12 | | marriage to assume a former surname. No other designation, such |
| 13 | | as a political slogan, as defined by Section 7-17 of the |
| 14 | | Election Code, title or degree, or nickname suggesting or |
| 15 | | implying possession of a title, degree or professional status, |
| 16 | | or similar information may be used in connection with the |
| 17 | | candidate's surname. |
| 18 | | All petitions for the nomination of members of a board of |
| 19 | | education shall be filed with the board of election |
| 20 | | commissioners of the jurisdiction in which the principal office |
| 21 | | of the school district is located within the time provided for |
| 22 | | by the general election law. The board of election |
| 23 | | commissioners shall receive and file only those petitions that |
| 24 | | include a statement of candidacy, the required number of voter |
| 25 | | signatures, the notarized signature of the petition |
| 26 | | circulator, and a receipt from the County Clerk showing that |
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| 1 | | the candidate has filed a statement of economic interest on or |
| 2 | | before the last day to file as required by the Illinois |
| 3 | | Governmental Ethics Act. The board of election commissioners |
| 4 | | may have petition forms available for issuance to potential |
| 5 | | candidates and may give notice of the petition filing period by |
| 6 | | publication in a newspaper of general circulation within the |
| 7 | | school district not less than 10 days prior to the first day of |
| 8 | | filing. The board of election commissioners shall make |
| 9 | | certification to the proper election authorities in accordance |
| 10 | | with the general election law. |
| 11 | | The board of election commissioners of the jurisdiction in |
| 12 | | which the principal office of the school district is located |
| 13 | | shall notify the candidates for whom a petition for nomination |
| 14 | | is filed or the appropriate committee of the obligations under |
| 15 | | Article 9 of the Election Code. Such notice shall be given on a |
| 16 | | form prescribed by the State Board of Elections and in |
| 17 | | accordance with the requirements of the general election law. |
| 18 | | The board of election commissioners shall within 7 days of |
| 19 | | filing or on the last day for filing, whichever is earlier, |
| 20 | | acknowledge to the petitioner in writing the office's |
| 21 | | acceptance of the petition. |
| 22 | | A candidate for membership on the board of education who |
| 23 | | has petitioned for nomination to fill a full term and to fill a |
| 24 | | vacant term to be voted upon at the same election must withdraw |
| 25 | | his or her petition for nomination from either the full term or |
| 26 | | the vacant term by written declaration. |
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| 1 | | Nomination petitions are not valid unless the candidate |
| 2 | | named therein files with the board of election commissioners a |
| 3 | | receipt from the county clerk showing that the candidate has |
| 4 | | filed a statement of economic interests as required by the |
| 5 | | Illinois Governmental Ethics Act. Such receipt shall be so |
| 6 | | filed either previously during the calendar year in which his |
| 7 | | or her nomination papers were filed or within the period for |
| 8 | | the filing of nomination papers in accordance with the general |
| 9 | | election law.
|
| 10 | | (105 ILCS 5/34-4.2 new) |
| 11 | | Sec. 34-4.2. Ballots. The board of election commissioners |
| 12 | | of the jurisdiction in which the principal office of the school |
| 13 | | district is located shall conduct a lottery to determine the |
| 14 | | ballot order of candidates for full terms in the event of any |
| 15 | | simultaneous petition filings. Such candidate lottery shall be |
| 16 | | conducted as follows: |
| 17 | | All petitions filed by persons waiting in line as of 8:00 |
| 18 | | a.m. on the first day for filing, or as of the normal opening |
| 19 | | hour of the office involved on such day, shall be deemed |
| 20 | | simultaneously filed as of 8:00 a.m. or the normal opening |
| 21 | | hour, as the case may be. Petitions filed by mail and received |
| 22 | | after midnight of the first day for filing and in the first |
| 23 | | mail delivery or pickup of that day shall be deemed |
| 24 | | simultaneously filed as of 8:00 a.m. of that day or as of the |
| 25 | | normal opening hour of such day, as the case may be. All |
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| 1 | | petitions received thereafter shall be deemed filed in the |
| 2 | | order of actual receipt. However, 2 or more petitions filed |
| 3 | | within the last hour of the filing deadline shall be deemed |
| 4 | | filed simultaneously. |
| 5 | | Where 2 or more petitions are received simultaneously for |
| 6 | | the same office as of 8:00 a.m. on the first day for petition |
| 7 | | filing or as of the normal opening hour of the office of the |
| 8 | | board of election commissioners with whom such petitions are |
| 9 | | filed, the board of election commissioners shall break ties and |
| 10 | | determine the order of filing by means of a lottery or other |
| 11 | | fair and impartial method of random selection. Such lottery |
| 12 | | shall be conducted within 9 days following the last day for |
| 13 | | petition filing and shall be open to the public. Seven days |
| 14 | | written notice of the time and place of conducting such random |
| 15 | | selection shall be given by the board of election commissioners |
| 16 | | to all candidates who filed their petitions simultaneously and |
| 17 | | to each organization of citizens within the election |
| 18 | | jurisdiction that was entitled, under the general election law, |
| 19 | | at the next preceding election, to have poll watchers present |
| 20 | | on the day of election. The board of election commissioners |
| 21 | | shall post in a conspicuous, open, and public place, at the |
| 22 | | entrance of his or her office, notice of the time and place of |
| 23 | | such lottery. |
| 24 | | All candidates shall be certified in the order in which |
| 25 | | their petitions have been filed and in the manner prescribed by |
| 26 | | Section 10-15 of the Election Code. Where candidates have filed |
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| 1 | | simultaneously, they shall be certified in the order prescribed |
| 2 | | by this Section and prior to candidates who filed for the same |
| 3 | | office at a later time. |
| 4 | | Where elections are conducted for unexpired terms, a second |
| 5 | | lottery to determine ballot order shall be conducted for |
| 6 | | candidates who simultaneously file petitions for such |
| 7 | | unexpired terms. Such lottery shall be conducted in the same |
| 8 | | manner as prescribed by this Section for full term candidates. |
| 9 | | Ballots for the election of school officers shall be in the |
| 10 | | following form:
|
| 11 | | (BALLOT FORMAT |
| 12 | | Ballot position for candidates shall be determined by the |
| 13 | | order of petition filing or lottery held pursuant to this |
| 14 | | Section. |
| 15 | | The school district is divided into 14 electoral districts, |
| 16 | | each of which elects one member to the board of education and |
| 17 | | votes on one member to serve at-large.) |
| 18 | | OFFICIAL BALLOT |
| 19 | | DISTRICT ....... (1 through 14) |
| 20 | | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE |
| 21 | | A FULL 4-YEAR TERM |
| 22 | | VOTE FOR ONE |
| 23 | | ( ) ..................................... |
| 24 | | ( ) ..................................... |
| 25 | | ( ) ..................................... |
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| 1 | | OFFICIAL BALLOT |
| 2 | | AT LARGE |
| 3 | | FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE |
| 4 | | A FULL 4-YEAR TERM |
| 5 | | VOTE FOR ONE |
| 6 | | ( ) ..................................... |
| 7 | | ( ) ..................................... |
| 8 | | ( ) ..................................... |
| 9 | | REVERSE SIDE: |
| 10 | | OFFICIAL BALLOT |
| 11 | | DISTRICT ....... (1 through 14) |
| 12 | | (Precinct name or number) |
| 13 | | School District No. ......, ........... County, Illinois |
| 14 | | Election Tuesday (insert date) |
| 15 | | (facsimile signature of Election Authority) |
| 16 | | (County)
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| 17 | | (105 ILCS 5/34-13.1)
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| 18 | | Sec. 34-13.1. Inspector General.
|
| 19 | | (a) The Inspector General and his office in existence on |
| 20 | | the effective date
of this amendatory Act of 1995 shall be |
| 21 | | transferred to the jurisdiction of the
board upon appointment |
| 22 | | of the Chicago School Reform Board of Trustees. The
Inspector |
| 23 | | General shall have the authority
to conduct investigations into |
| 24 | | allegations of or incidents of waste, fraud, and
financial |
| 25 | | mismanagement in public education within the jurisdiction of |
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| 1 | | the
board by a local school council
member or an
employee, |
| 2 | | contractor, or member of the board or involving
school projects
|
| 3 | | managed or handled by the Public Building Commission. The |
| 4 | | Inspector General
shall make recommendations to the board about |
| 5 | | the
investigations.
The Inspector General in office on the |
| 6 | | effective date of this amendatory Act
of 1996 shall serve for a |
| 7 | | term expiring on June 30, 1998. His or her
successors in office |
| 8 | | shall each be appointed by the Mayor, without the consent
or |
| 9 | | approval of the City Council, for 4 year terms expiring on June |
| 10 | | 30th of an
even numbered year; however, beginning on May 9, |
| 11 | | 2023, successors shall be appointed by the board instead of the |
| 12 | | Mayor.
If the Inspector General leaves office or if a vacancy |
| 13 | | in that office otherwise occurs, the
Mayor shall appoint, |
| 14 | | without the consent or
approval of the City Council, a |
| 15 | | successor to serve under this Section for the
remainder of the |
| 16 | | unexpired term; however, beginning on May 9, 2023, successors |
| 17 | | shall be appointed by the board instead of the Mayor. The
|
| 18 | | Inspector General shall be independent of the operations of the |
| 19 | | board and
the School Finance Authority, and shall perform other |
| 20 | | duties requested by the
board.
|
| 21 | | (b) The Inspector General shall have access to all
|
| 22 | | information and personnel necessary to perform the duties of |
| 23 | | the
office. If the Inspector General determines that a possible
|
| 24 | | criminal act has been committed or that special expertise is
|
| 25 | | required in the investigation, he or she shall immediately |
| 26 | | notify
the Chicago Police Department and the Cook County |
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| 1 | | State's
Attorney. All investigations conducted by the |
| 2 | | Inspector General
shall be conducted in a manner that ensures |
| 3 | | the preservation of
evidence for use in criminal prosecutions.
|
| 4 | | (c) At all times the Inspector General shall be granted
|
| 5 | | access to any building or facility that is owned, operated, or
|
| 6 | | leased by the board, the Public Building Commission, or the
|
| 7 | | city in trust
and for the use and benefit of the schools of the |
| 8 | | district.
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| 9 | | (d) The Inspector General shall have the power to subpoena
|
| 10 | | witnesses and compel the production of books and papers |
| 11 | | pertinent
to an investigation authorized by this Code. Any |
| 12 | | person who (1)
fails to appear in response to a subpoena; (2) |
| 13 | | fails to answer
any question; (3) fails to produce any books or |
| 14 | | papers pertinent
to an investigation under this Code; or (4) |
| 15 | | knowingly gives
false testimony during an investigation under |
| 16 | | this Code, is
guilty of a Class A misdemeanor.
|
| 17 | | (e) The Inspector General shall provide to the board and
|
| 18 | | the Illinois General Assembly a summary of reports and
|
| 19 | | investigations made under this Section for the previous fiscal
|
| 20 | | year no later than January 1 of each year, except that the |
| 21 | | Inspector General
shall provide the summary of reports and |
| 22 | | investigations made under this Section
for the period |
| 23 | | commencing July 1, 1998 and ending April 30, 1999 no later than
|
| 24 | | May 1, 1999. The summaries shall detail the final disposition |
| 25 | | of those
recommendations. The summaries shall not contain any |
| 26 | | confidential or
identifying information concerning the |
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| 1 | | subjects of the reports and
investigations. The summaries shall |
| 2 | | also include detailed recommended
administrative actions and |
| 3 | | matters for consideration by the General Assembly.
|
| 4 | | (f) (Blank).
|
| 5 | | (g) (Blank).
|
| 6 | | (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
|
| 7 | | (105 ILCS 5/34-21.9 new) |
| 8 | | Sec. 34-21.9. Creation of electoral districts; |
| 9 | | reapportionment of districts. |
| 10 | | (a) For purposes of elections conducted pursuant to |
| 11 | | subsection (b-5) of Section 34-3 of this Code, the Chicago City |
| 12 | | Council shall subdivide the City of Chicago into 20 electoral |
| 13 | | districts after the effective date of this amendatory Act of |
| 14 | | the 101st General Assembly for seats on the Chicago Board of |
| 15 | | Education. The electoral districts must be drawn on or before |
| 16 | | May 31, 2022. Each district must be compact, contiguous, and |
| 17 | | substantially equal in population. |
| 18 | | (b) In the year following each decennial census, the |
| 19 | | Chicago Board of Education shall redistrict the electoral |
| 20 | | districts to reflect the results of the decennial census |
| 21 | | consistent with the requirements in subsection (a) of this |
| 22 | | Section. The reapportionment plan shall be completed and |
| 23 | | formally approved by the Chicago Board of Education not less |
| 24 | | than 90 days before the last date established by law for the |
| 25 | | filing of nominating petitions for the second school board |