Bill Text: IL HB1223 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that the county officers electoral board shall also hear objector's petitions for candidates for municipal offices and for candidates for offices in school or community college districts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1223 Detail]

Download: Illinois-2011-HB1223-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1223 Introduced 2/8/2011, by Rep. William Davis SYNOPSIS AS INTRODUCED:
10 ILCS 5/10-9 from Ch. 46, par. 10-9
Amends the Election Code. Provides that the county officers electoral board shall also hear objector's petitions for candidates for municipal offices and for candidates for offices in school or community college districts.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing Section
10-9 as follows:
(10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
Sec. 10-9. The following electoral boards are designated
for the purpose of hearing and passing upon the objector's
petition described in Section 10-8.
1. The State Board of Elections will hear and pass upon
objections to the nominations of candidates for State
offices, nominations of candidates for congressional,
legislative and judicial offices of districts,
subcircuits, or circuits situated in more than one county,
nominations of candidates for the offices of State's
attorney or regional superintendent of schools to be
elected from more than one county, and petitions for
proposed amendments to the Constitution of the State of
Illinois as provided for in Section 3 of Article XIV of the
Constitution.
2. The county officers electoral board to hear and pass
upon objections to the nominations of candidates for county
offices, for congressional, legislative and judicial

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offices of a district, subcircuit, or circuit coterminous
with or less than a county, for school trustees to be voted
for by the electors of the county or by the electors of a
township of the county, for officers of municipalities, for
offices in school or community college districts, for the
office of multi-township assessor where candidates for
such office are nominated in accordance with this Code, and
for all special district offices, shall be composed of the
county clerk, or an assistant designated by the county
clerk, the State's attorney of the county or an Assistant
State's Attorney designated by the State's Attorney, and
the clerk of the circuit court, or an assistant designated
by the clerk of the circuit court, of the county, of whom
the county clerk or his designee shall be the chairman,
except that in any county which has established a county
board of election commissioners that board shall
constitute the county officers electoral board ex-officio.
3. (Blank). The municipal officers electoral board to
hear and pass upon objections to the nominations of
candidates for officers of municipalities shall be
composed of the mayor or president of the board of trustees
of the city, village or incorporated town, and the city,
village or incorporated town clerk, and one member of the
city council or board of trustees, that member being
designated who is eligible to serve on the electoral board
and has served the greatest number of years as a member of

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the city council or board of trustees, of whom the mayor or
president of the board of trustees shall be the chairman.
4. The township officers electoral board to pass upon
objections to the nominations of township officers shall be
composed of the township supervisor, the town clerk, and
that eligible town trustee elected in the township who has
had the longest term of continuous service as town trustee,
of whom the township supervisor shall be the chairman.
5. (Blank). The education officers electoral board to
hear and pass upon objections to the nominations of
candidates for offices in school or community college
districts shall be composed of the presiding officer of the
school or community college district board, who shall be
the chairman, the secretary of the school or community
college district board and the eligible elected school or
community college board member who has the longest term of
continuous service as a board member.
6. (Blank). In all cases, however, where the
Congressional, Legislative, or Representative district is
wholly or partially within the jurisdiction of a single
municipal board of election commissioners in Cook County
and in all cases where the school district or special
district is wholly within the jurisdiction of a municipal
board of election commissioners and in all cases where the
municipality or township is wholly or partially within the
jurisdiction of a municipal board of election

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commissioners, the board of election commissioners shall
ex-officio constitute the electoral board.
For special districts situated in more than one county, the
county officers electoral board of the county in which the
principal office of the district is located has jurisdiction to
hear and pass upon objections. For purposes of this Section,
"special districts" means all political subdivisions other
than counties, municipalities, townships and school and
community college districts.
In the event that any member of the appropriate board is a
candidate for the office with relation to which the objector's
petition is filed, he shall not be eligible to serve on that
board and shall not act as a member of the board and his place
shall be filled as follows:
a. In the county officers electoral board by the county
treasurer, and if he or she is ineligible to serve, by the
sheriff of the county.
b. (Blank). In the municipal officers electoral board
by the eligible elected city council or board of trustees
member who has served the second greatest number of years
as a city council or board of trustees member.
c. In the township officers electoral board by the
eligible elected town trustee who has had the second
longest term of continuous service as a town trustee.
d. (Blank). In the education officers electoral board
by the eligible elected school or community college

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district board member who has had the second longest term
of continuous service as a board member.
In the event that the chairman of the electoral board is
ineligible to act because of the fact that he is a candidate
for the office with relation to which the objector's petition
is filed, then the substitute chosen under the provisions of
this Section shall be the chairman; In this case, the officer
or board with whom the objector's petition is filed, shall
transmit the certificate of nomination or nomination papers as
the case may be, and the objector's petition to the substitute
chairman of the electoral board.
When 2 or more eligible individuals, by reason of their
terms of service on a city council or board of trustees,
township board of trustees, or school or community college
district board, qualify to serve on an electoral board, the one
to serve shall be chosen by lot.
Any vacancies on an electoral board not otherwise filled
pursuant to this Section shall be filled by public members
appointed by the Chief Judge of the Circuit Court for the
county wherein the electoral board hearing is being held upon
notification to the Chief Judge of such vacancies. The Chief
Judge shall be so notified by a member of the electoral board
or the officer or board with whom the objector's petition was
filed. In the event that none of the individuals designated by
this Section to serve on the electoral board are eligible, the
chairman of an electoral board shall be designated by the Chief

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Judge.
(Source: P.A. 96-1008, eff. 7-6-10.)