Bill Text: IL HB4924 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the School Code. In provisions concerning the nominating petitions for school board candidates, provides that the name change requirements do not apply to name changes resulting from a civil union to assume a spouse's surname or dissolution of a civil union or declaration of invalidity of a civil union to assume a former surname or a name change that conforms the candidate's name to the candidate's gender identity. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-03-06 - Added Co-Sponsor Rep. Kelly M. Cassidy [HB4924 Detail]
Download: Illinois-2023-HB4924-Introduced.html
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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, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | |||||||||||||||||||||
5 | 9-10 and 34-4.1 as follows:
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6 | (105 ILCS 5/9-10) (from Ch. 122, par. 9-10) | |||||||||||||||||||||
7 | Sec. 9-10. Candidates for office - nominating petitions. | |||||||||||||||||||||
8 | Candidates for the office of school director shall be | |||||||||||||||||||||
9 | nominated by petition signed by at least 25 voters or 5% of the | |||||||||||||||||||||
10 | voters, whichever is less, residing within the district and | |||||||||||||||||||||
11 | filed with the county clerk or the county board of election | |||||||||||||||||||||
12 | commissioners, as the case may be, of the county in which the | |||||||||||||||||||||
13 | principal office of the school district is located. | |||||||||||||||||||||
14 | Nominations for members of boards of education, including | |||||||||||||||||||||
15 | non-high school boards of education shall be made by a | |||||||||||||||||||||
16 | petition signed by at least 50 voters or 10% of the voters, | |||||||||||||||||||||
17 | whichever is less, residing within the district and shall be | |||||||||||||||||||||
18 | filed with the county clerk or the county board of election | |||||||||||||||||||||
19 | commissioners, as the case may be, of the county in which the | |||||||||||||||||||||
20 | principal office of the school district is located. In | |||||||||||||||||||||
21 | addition to the requirements of the general election law, the | |||||||||||||||||||||
22 | form of such petitions shall be substantially as follows: | |||||||||||||||||||||
23 | NOMINATING PETITIONS |
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1 | (LEAVE OUT THE INAPPLICABLE PART.) | ||||||
2 | To the (County Clerk or County Board of Election | ||||||
3 | Commissioners) .... of .... County: | ||||||
4 | We the undersigned, being (.... or more) (or 10% or more) | ||||||
5 | (or 5% or more) of the voters residing within said district, | ||||||
6 | hereby petition that .... who resides at .... in the (city or | ||||||
7 | village) of .... in Township .... (or who resides outside any | ||||||
8 | city, village or incorporated town and in Township ....) in | ||||||
9 | said district shall be a candidate for the office of .... of | ||||||
10 | the board of education (or board of directors) (full term) | ||||||
11 | (vacancy) to be voted for at the election to be held on (insert | ||||||
12 | date). | ||||||
13 | Name: .................. Address: ...................
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14 | In the designation of the name of a candidate on a petition | ||||||
15 | for nomination, the candidate's given name or names, initial | ||||||
16 | or initials, a nickname by which the candidate is commonly | ||||||
17 | known, or a combination thereof may be used in addition to the | ||||||
18 | candidate's surname. If a candidate has changed his or her | ||||||
19 | name, whether by a statutory or common law procedure in | ||||||
20 | Illinois or any other jurisdiction, within 3 years before the | ||||||
21 | last day for filing the petition, then (i) the candidate's | ||||||
22 | name on the petition must be followed by "formerly known as | ||||||
23 | (list all prior names during the 3-year period) until name | ||||||
24 | changed on (list date of each such name change)" and (ii) the | ||||||
25 | petition must be accompanied by the candidate's affidavit |
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1 | stating the candidate's previous names during the period | ||||||
2 | specified in clause (i) and the date or dates each of those | ||||||
3 | names was changed; failure to meet these requirements shall be | ||||||
4 | grounds for denying certification of the candidate's name for | ||||||
5 | the ballot, but these requirements do not apply to name | ||||||
6 | changes resulting from adoption to assume an adoptive parent's | ||||||
7 | or parents' surname, marriage or civil union to assume a | ||||||
8 | spouse's surname, or dissolution of marriage or civil union or | ||||||
9 | declaration of invalidity of marriage or civil union to assume | ||||||
10 | a former surname or a name change that conforms the | ||||||
11 | candidate's name to the candidate's gender identity . No other | ||||||
12 | designation, such as a political slogan, as defined by Section | ||||||
13 | 7-17 of the Election Code, title or degree, or nickname | ||||||
14 | suggesting or implying possession of a title, degree or | ||||||
15 | professional status, or similar information may be used in | ||||||
16 | connection with the candidate's surname. | ||||||
17 | Nomination papers filed under this Section are not valid | ||||||
18 | unless the candidate named therein files with the county clerk | ||||||
19 | or the county board of election commissioners, as the case may | ||||||
20 | be, of the county in which the principal office of the school | ||||||
21 | district is located a receipt from the county clerk showing | ||||||
22 | that the candidate has filed a statement of economic interests | ||||||
23 | as required by the Illinois Governmental Ethics Act. Such | ||||||
24 | receipt shall be so filed either previously during the | ||||||
25 | calendar year in which his nomination papers were filed or | ||||||
26 | within the period for the filing of nomination papers in |
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1 | accordance with the general election law. | ||||||
2 | All petitions for the nomination of members of a board of | ||||||
3 | education shall be filed with the county clerk or the county | ||||||
4 | board of election commissioners, as the case may be, of the | ||||||
5 | county in which the principal office of the school district is | ||||||
6 | located within the time provided for by the general election | ||||||
7 | law. The county clerk or the county board of election | ||||||
8 | commissioners may have petition forms available for issuance | ||||||
9 | to potential candidates, and may give notice of the petition | ||||||
10 | filing period by publication in a newspaper of general | ||||||
11 | circulation within the school district not less than 10 days | ||||||
12 | prior to the first day of filing. The county clerk or the | ||||||
13 | county board of election commissioners shall make | ||||||
14 | certification to the proper election authorities in accordance | ||||||
15 | with the general election law. | ||||||
16 | The county clerk or the county board of election | ||||||
17 | commissioners, as the case may be, of the county in which the | ||||||
18 | principal office of the school district is located shall | ||||||
19 | notify the candidates for whom a petition for nomination is | ||||||
20 | filed or the appropriate committee of the obligations under | ||||||
21 | the Campaign Financing Act as provided in the general election | ||||||
22 | law. Such notice shall be given on a form prescribed by the | ||||||
23 | State Board of Elections and in accordance with the | ||||||
24 | requirements of the general election law. The county clerk or | ||||||
25 | county board of election commissioners shall within 7 days of | ||||||
26 | filing or on the last day for filing, whichever is earlier, |
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1 | acknowledge to the petitioner in writing the office's | ||||||
2 | acceptance of the petition. | ||||||
3 | A candidate for membership on the board of education or | ||||||
4 | for office as a school director, who has petitioned for | ||||||
5 | nomination to fill a full term and to fill a vacant term to be | ||||||
6 | voted upon at the same election, must withdraw his or her | ||||||
7 | petition for nomination from either the full term or the | ||||||
8 | vacant term by written declaration. | ||||||
9 | In all newly organized districts the petition for the | ||||||
10 | nomination of candidates for members of the board of education | ||||||
11 | at the first election shall be addressed to and filed with the | ||||||
12 | regional superintendent of schools in the manner herein | ||||||
13 | specified for the petitions for members of a board of | ||||||
14 | education. For such election the regional superintendent shall | ||||||
15 | fulfill all duties otherwise assigned to the secretary of the | ||||||
16 | board of education. | ||||||
17 | (Source: P.A. 98-115, eff. 7-29-13; 99-522, eff. 6-30-16.)
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18 | (105 ILCS 5/34-4.1) | ||||||
19 | Sec. 34-4.1. Nomination petitions. In addition to the | ||||||
20 | requirements of the general election law, the form of | ||||||
21 | petitions under Section 34-4 of this Code shall be | ||||||
22 | substantially as follows: | ||||||
23 | NOMINATING PETITIONS | ||||||
24 | (LEAVE OUT THE INAPPLICABLE PART.) | ||||||
25 | To the Board of Election Commissioners for the City of |
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1 | Chicago: | ||||||
2 | We the undersigned, being (.... or more) of the voters | ||||||
3 | residing within said district, hereby petition that .... who | ||||||
4 | resides at .... in the City of Chicago shall be a candidate for | ||||||
5 | the office of .... of the board of education (full term) | ||||||
6 | (vacancy) to be voted for at the election to be held on (insert | ||||||
7 | date). | ||||||
8 | Name: .................. Address: ................... | ||||||
9 | In the designation of the name of a candidate on a petition | ||||||
10 | for nomination, the candidate's given name or names, initial | ||||||
11 | or initials, a nickname by which the candidate is commonly | ||||||
12 | known, or a combination thereof may be used in addition to the | ||||||
13 | candidate's surname. If a candidate has changed his or her | ||||||
14 | name, whether by a statutory or common law procedure in | ||||||
15 | Illinois or any other jurisdiction, within 3 years before the | ||||||
16 | last day for filing the petition, then (i) the candidate's | ||||||
17 | name on the petition must be followed by "formerly known as | ||||||
18 | (list all prior names during the 3-year period) until name | ||||||
19 | changed on (list date of each such name change)" and (ii) the | ||||||
20 | petition must be accompanied by the candidate's affidavit | ||||||
21 | stating the candidate's previous names during the period | ||||||
22 | specified in clause (i) and the date or dates each of those | ||||||
23 | names was changed; failure to meet these requirements shall be | ||||||
24 | grounds for denying certification of the candidate's name for | ||||||
25 | the ballot, but these requirements do not apply to name | ||||||
26 | changes resulting from adoption to assume an adoptive parent's |
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1 | or parents' surname, marriage or civil union to assume a | ||||||
2 | spouse's surname, or dissolution of marriage or civil union or | ||||||
3 | declaration of invalidity of marriage or civil union to assume | ||||||
4 | a former surname or a name change that conforms the | ||||||
5 | candidate's name to the candidate's gender identity . No other | ||||||
6 | designation, such as a political slogan, as defined by Section | ||||||
7 | 7-17 of the Election Code, title or degree, or nickname | ||||||
8 | suggesting or implying possession of a title, degree or | ||||||
9 | professional status, or similar information may be used in | ||||||
10 | connection with the candidate's surname. | ||||||
11 | All petitions for the nomination of members of a board of | ||||||
12 | education shall be filed with the board of election | ||||||
13 | commissioners of the jurisdiction in which the principal | ||||||
14 | office of the school district is located. The board of | ||||||
15 | election commissioners shall receive and file only those | ||||||
16 | petitions that include a statement of candidacy, the required | ||||||
17 | number of voter signatures, the notarized signature of the | ||||||
18 | petition circulator, and a receipt from the county clerk | ||||||
19 | showing that the candidate has filed a statement of economic | ||||||
20 | interest on or before the last day to file as required by the | ||||||
21 | Illinois Governmental Ethics Act. The board of election | ||||||
22 | commissioners may have petition forms available for issuance | ||||||
23 | to potential candidates and may give notice of the petition | ||||||
24 | filing period by publication in a newspaper of general | ||||||
25 | circulation within the school district not less than 10 days | ||||||
26 | prior to the first day of filing. The board of election |
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1 | commissioners shall make certification to the proper election | ||||||
2 | authorities in accordance with the general election law. | ||||||
3 | The board of election commissioners of the jurisdiction in | ||||||
4 | which the principal office of the school district is located | ||||||
5 | shall notify the candidates for whom a petition for nomination | ||||||
6 | is filed or the appropriate committee of the obligations under | ||||||
7 | the Campaign Financing Act as provided in the general election | ||||||
8 | law. Such notice shall be given on a form prescribed by the | ||||||
9 | State Board of Elections and in accordance with the | ||||||
10 | requirements of the general election law. The board of | ||||||
11 | election commissioners shall within 7 days of filing or on the | ||||||
12 | last day for filing, whichever is earlier, acknowledge to the | ||||||
13 | petitioner in writing the office's acceptance of the petition. | ||||||
14 | A candidate for membership on the board of education who | ||||||
15 | has petitioned for nomination to fill a full term and to fill a | ||||||
16 | vacant term to be voted upon at the same election must withdraw | ||||||
17 | his or her petition for nomination from either the full term or | ||||||
18 | the vacant term by written declaration. | ||||||
19 | Nomination petitions are not valid unless the candidate | ||||||
20 | named therein files with the board of election commissioners a | ||||||
21 | receipt from the county clerk showing that the candidate has | ||||||
22 | filed a statement of economic interests as required by the | ||||||
23 | Illinois Governmental Ethics Act. Such receipt shall be so | ||||||
24 | filed either previously during the calendar year in which his | ||||||
25 | or her nomination papers were filed or within the period for | ||||||
26 | the filing of nomination papers in accordance with the general |
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1 | election law. | ||||||
2 | (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; | ||||||
3 | 103-467, eff. 8-4-23.)
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