Bill Text: IL HB5563 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that the trustees for the Fox River Water Reclamation District will be elected at consolidated elections. Provides that where a nomination for election is to be made for a trustee of the Fox River Water Reclamation District, then the petition shall be filed in the office of the county clerk not more than 113 nor less than 106 days prior to the date of the primary. Amends the Sanitary District Act of 1917. Provides that the board of trustees of the Fox River Water Reclamation District shall be elected (rather than appointed) beginning with the 2019 election. Sets forth requirements concerning the number of trustees to be elected and length of terms. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5563 Detail]

Download: Illinois-2017-HB5563-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5563 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
10 ILCS 5/2A-41 from Ch. 46, par. 2A-41
10 ILCS 5/7-12 from Ch. 46, par. 7-12
70 ILCS 2405/3 from Ch. 42, par. 301
Amends the Election Code. Provides that the trustees for the Fox River Water Reclamation District will be elected at consolidated elections. Provides that where a nomination for election is to be made for a trustee of the Fox River Water Reclamation District, then the petition shall be filed in the office of the county clerk not more than 113 nor less than 106 days prior to the date of the primary. Amends the Sanitary District Act of 1917. Provides that the board of trustees of the Fox River Water Reclamation District shall be elected (rather than appointed) beginning with the 2019 election. Sets forth requirements concerning the number of trustees to be elected and length of terms. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
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
Sections 2A-41 and 7-12 as follows:
(10 ILCS 5/2A-41) (from Ch. 46, par. 2A-41)
Sec. 2A-41. Sanitary District - Trustee - Time of Election.
A trustee of a Sanitary District which elects its trustees,
other than the Metropolitan Sanitary District of Greater
Chicago or the Fox River Water Reclamation District, shall be
elected at the general election in each even-numbered year
which immediately precedes the expiration of the term of any
incumbent trustee, to succeed each incumbent trustee whose term
ends before the following general election.
(Source: P.A. 80-936.)
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
Sec. 7-12. All petitions for nomination shall be filed by
mail or in person as follows:
(1) Where the nomination is to be made for a State,
congressional, or judicial office, or for any office a
nomination for which is made for a territorial division or
district which comprises more than one county or is partly

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in one county and partly in another county or counties,
then, except as otherwise provided in this Section, such
petition for nomination shall be filed in the principal
office of the State Board of Elections not more than 113
and not less than 106 days prior to the date of the
primary, but, in the case of petitions for nomination to
fill a vacancy by special election in the office of
representative in Congress from this State, such petition
for nomination shall be filed in the principal office of
the State Board of Elections not more than 85 days and not
less than 82 days prior to the date of the primary.
Where a vacancy occurs in the office of Supreme,
Appellate or Circuit Court Judge within the 3-week period
preceding the 106th day before a general primary election,
petitions for nomination for the office in which the
vacancy has occurred shall be filed in the principal office
of the State Board of Elections not more than 92 nor less
than 85 days prior to the date of the general primary
election.
Where the nomination is to be made for delegates or
alternate delegates to a national nominating convention,
then such petition for nomination shall be filed in the
principal office of the State Board of Elections not more
than 113 and not less than 106 days prior to the date of
the primary; provided, however, that if the rules or
policies of a national political party conflict with such

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requirements for filing petitions for nomination for
delegates or alternate delegates to a national nominating
convention, the chairman of the State central committee of
such national political party shall notify the Board in
writing, citing by reference the rules or policies of the
national political party in conflict, and in such case the
Board shall direct such petitions to be filed in accordance
with the delegate selection plan adopted by the state
central committee of such national political party.
(2) Where the nomination is to be made for a county
office or trustee of a sanitary district or the Fox River
Water Reclamation District, then such petition shall be
filed in the office of the county clerk not more than 113
nor less than 106 days prior to the date of the primary.
(3) Where the nomination is to be made for a municipal
or township office, such petitions for nomination shall be
filed in the office of the local election official, not
more than 99 nor less than 92 days prior to the date of the
primary; provided, where a municipality's or township's
boundaries are coextensive with or are entirely within the
jurisdiction of a municipal board of election
commissioners, the petitions shall be filed in the office
of such board; and provided, that petitions for the office
of multi-township assessor shall be filed with the election
authority.
(4) The petitions of candidates for State central

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committeeman shall be filed in the principal office of the
State Board of Elections not more than 113 nor less than
106 days prior to the date of the primary.
(5) Petitions of candidates for precinct, township or
ward committeemen shall be filed in the office of the
county clerk not more than 113 nor less than 106 days prior
to the date of the primary.
(6) The State Board of Elections and the various
election authorities and local election officials with
whom such petitions for nominations are filed shall specify
the place where filings shall be made and upon receipt
shall endorse thereon the day and hour on which each
petition was filed. All petitions filed by persons waiting
in line as of 8:00 a.m. on the first day for filing, or as
of the normal opening hour of the office involved on such
day, shall be deemed filed as of 8:00 a.m. or the normal
opening hour, as the case may be. Petitions filed by mail
and received after midnight of the first day for filing and
in the first mail delivery or pickup of that day shall be
deemed as filed as of 8:00 a.m. of that day or as of the
normal opening hour of such day, as the case may be. All
petitions received thereafter shall be deemed as filed in
the order of actual receipt. However, 2 or more petitions
filed within the last hour of the filing deadline shall be
deemed filed simultaneously. Where 2 or more petitions are
received simultaneously, the State Board of Elections or

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the various election authorities or local election
officials with whom such petitions are filed shall break
ties and determine the order of filing, by means of a
lottery or other fair and impartial method of random
selection approved by the State Board of Elections. Such
lottery shall be conducted within 9 days following the last
day for petition filing and shall be open to the public.
Seven days written notice of the time and place of
conducting such random selection shall be given by the
State Board of Elections to the chairman of the State
central committee of each established political party, and
by each election authority or local election official, to
the County Chairman of each established political party,
and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the
next preceding election, to have pollwatchers present on
the day of election. The State Board of Elections, election
authority or local election official shall post in a
conspicuous, open and public place, at the entrance of the
office, notice of the time and place of such lottery. The
State Board of Elections shall adopt rules and regulations
governing the procedures for the conduct of such lottery.
All candidates shall be certified in the order in which
their petitions have been filed. Where candidates have
filed simultaneously, they shall be certified in the order
determined by lot and prior to candidates who filed for the

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same office at a later time.
(7) The State Board of Elections or the appropriate
election authority or local election official with whom
such a petition for nomination is filed shall notify the
person for whom a petition for nomination has been filed of
the obligation to file statements of organization, reports
of campaign contributions, and annual reports of campaign
contributions and expenditures under Article 9 of this Act.
Such notice shall be given in the manner prescribed by
paragraph (7) of Section 9-16 of this Code.
(8) Nomination papers filed under this Section are not
valid if the candidate named therein fails to file a
statement of economic interests as required by the Illinois
Governmental Ethics Act in relation to his candidacy with
the appropriate officer by the end of the period for the
filing of nomination papers unless he has filed a statement
of economic interests in relation to the same governmental
unit with that officer within a year preceding the date on
which such nomination papers were filed. If the nomination
papers of any candidate and the statement of economic
interest of that candidate are not required to be filed
with the same officer, the candidate must file with the
officer with whom the nomination papers are filed a receipt
from the officer with whom the statement of economic
interests is filed showing the date on which such statement
was filed. Such receipt shall be so filed not later than

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the last day on which nomination papers may be filed.
(9) Any person for whom a petition for nomination, or
for committeeman or for delegate or alternate delegate to a
national nominating convention has been filed may cause his
name to be withdrawn by request in writing, signed by him
and duly acknowledged before an officer qualified to take
acknowledgments of deeds, and filed in the principal or
permanent branch office of the State Board of Elections or
with the appropriate election authority or local election
official, not later than the date of certification of
candidates for the consolidated primary or general primary
ballot. No names so withdrawn shall be certified or printed
on the primary ballot. If petitions for nomination have
been filed for the same person with respect to more than
one political party, his name shall not be certified nor
printed on the primary ballot of any party. If petitions
for nomination have been filed for the same person for 2 or
more offices which are incompatible so that the same person
could not serve in more than one of such offices if
elected, that person must withdraw as a candidate for all
but one of such offices within the 5 business days
following the last day for petition filing. A candidate in
a judicial election may file petitions for nomination for
only one vacancy in a subcircuit and only one vacancy in a
circuit in any one filing period, and if petitions for
nomination have been filed for the same person for 2 or

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more vacancies in the same circuit or subcircuit in the
same filing period, his or her name shall be certified only
for the first vacancy for which the petitions for
nomination were filed. If he fails to withdraw as a
candidate for all but one of such offices within such time
his name shall not be certified, nor printed on the primary
ballot, for any office. For the purpose of the foregoing
provisions, an office in a political party is not
incompatible with any other office.
(10)(a) Notwithstanding the provisions of any other
statute, no primary shall be held for an established
political party in any township, municipality, or ward
thereof, where the nomination of such party for every
office to be voted upon by the electors of such township,
municipality, or ward thereof, is uncontested. Whenever a
political party's nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted
upon by the electors of a township, municipality, or ward
thereof, then a primary shall be held for that party in
such township, municipality, or ward thereof; provided
that the primary ballot shall not include those offices
within such township, municipality, or ward thereof, for
which the nomination is uncontested. For purposes of this
Article, the nomination of an established political party
of a candidate for election to an office shall be deemed to
be uncontested where not more than the number of persons to

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be nominated have timely filed valid nomination papers
seeking the nomination of such party for election to such
office.
(b) Notwithstanding the provisions of any other
statute, no primary election shall be held for an
established political party for any special primary
election called for the purpose of filling a vacancy in the
office of representative in the United States Congress
where the nomination of such political party for said
office is uncontested. For the purposes of this Article,
the nomination of an established political party of a
candidate for election to said office shall be deemed to be
uncontested where not more than the number of persons to be
nominated have timely filed valid nomination papers
seeking the nomination of such established party for
election to said office. This subsection (b) shall not
apply if such primary election is conducted on a regularly
scheduled election day.
(c) Notwithstanding the provisions in subparagraph (a)
and (b) of this paragraph (10), whenever a person who has
not timely filed valid nomination papers and who intends to
become a write-in candidate for a political party's
nomination for any office for which the nomination is
uncontested files a written statement or notice of that
intent with the State Board of Elections or the local
election official with whom nomination papers for such

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office are filed, a primary ballot shall be prepared and a
primary shall be held for that office. Such statement or
notice shall be filed on or before the date established in
this Article for certifying candidates for the primary
ballot. Such statement or notice shall contain (i) the name
and address of the person intending to become a write-in
candidate, (ii) a statement that the person is a qualified
primary elector of the political party from whom the
nomination is sought, (iii) a statement that the person
intends to become a write-in candidate for the party's
nomination, and (iv) the office the person is seeking as a
write-in candidate. An election authority shall have no
duty to conduct a primary and prepare a primary ballot for
any office for which the nomination is uncontested unless a
statement or notice meeting the requirements of this
Section is filed in a timely manner.
(11) If multiple sets of nomination papers are filed
for a candidate to the same office, the State Board of
Elections, appropriate election authority or local
election official where the petitions are filed shall
within 2 business days notify the candidate of his or her
multiple petition filings and that the candidate has 3
business days after receipt of the notice to notify the
State Board of Elections, appropriate election authority
or local election official that he or she may cancel prior
sets of petitions. If the candidate notifies the State

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Board of Elections, appropriate election authority or
local election official, the last set of petitions filed
shall be the only petitions to be considered valid by the
State Board of Elections, election authority or local
election official. If the candidate fails to notify the
State Board of Elections, election authority or local
election official then only the first set of petitions
filed shall be valid and all subsequent petitions shall be
void.
(12) All nominating petitions shall be available for
public inspection and shall be preserved for a period of
not less than 6 months.
(Source: P.A. 99-221, eff. 7-31-15.)
Section 10. The Sanitary District Act of 1917 is amended by
changing Section 3 as follows:
(70 ILCS 2405/3) (from Ch. 42, par. 301)
Sec. 3. Board of trustees; creation; term. A board of
trustees shall be created, consisting of 5 members in any
sanitary district which includes one or more municipalities
with a population of over 90,000 but less than 500,000
according to the most recent Federal census, and consisting of
3 members in any other district. However, the board of trustees
for the Fox River Water Reclamation District, the Sanitary
District of Decatur, and the Northern Moraine Wastewater

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Reclamation District shall each consist of 5 members. Each
board of trustees shall be created for the government, control
and management of the affairs and business of each sanitary
district organized under this Act shall be created in the
following manner:
(1) If the district's corporate boundaries are located
wholly within a single county, the presiding officer of the
county board, with the advice and consent of the county
board, shall appoint the trustees for the district;
(2) If the district's corporate boundaries are located
in more than one county, the members of the General
Assembly whose legislative districts encompass any portion
of the district shall appoint the trustees for the
district.
In any sanitary district which shall have a 3 member board
of trustees, within 60 days after the adoption of such act, the
appropriate appointing authority shall appoint three trustees
not more than 2 of whom shall be from one incorporated city,
town or village in districts in which are included 2 or more
incorporated cities, towns or villages, or parts of 2 or more
incorporated cities, towns or villages, who shall hold their
office respectively for 1, 2 and 3 years, from the first Monday
of May next after their appointment and until their successors
are appointed and have qualified, and thereafter on or before
the second Monday in April of each year the appropriate
appointing authority shall appoint one trustee whose term shall

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be for 3 years commencing the first Monday in May of the year
in which he is appointed. The length of the term of the first
trustees shall be determined by lot at their first meeting.
In the case of any sanitary district created after January
1, 1978 in which a 5 member board of trustees is required, the
appropriate appointing authority shall appoint 5 trustees, one
of whom shall hold office for one year, two of whom shall hold
office for 2 years, and 2 of whom shall hold office for 3 years
from the first Monday of May next after their respective
appointments and until their successors are appointed and have
qualified. Thereafter, on or before the second Monday in April
of each year the appropriate appointing authority shall appoint
one trustee or 2 trustees, as shall be necessary to maintain a
5 member board of trustees, whose terms shall be for 3 years
commencing the first Monday in May of the year in which they
are respectively appointed. The length of the terms of the
first trustees shall be determined by lot at their first
meeting.
In any sanitary district created prior to January 1, 1978
in which a 5 member board of trustees is required as of January
1, 1978, the two trustees already serving terms which do not
expire on May 1, 1978 shall continue to hold office for the
remainders of their respective terms, and 3 trustees shall be
appointed by the appropriate appointing authority by April 10,
1978 and shall hold office for terms beginning May 1, 1978. Of
the three new trustees, one shall hold office for 2 years and 2

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shall hold office for 3 years from May 1, 1978 and until their
successors are appointed and have qualified. Thereafter, on or
before the second Monday in April of each year the appropriate
appointing authority shall appoint one trustee or 2 trustees,
as shall be necessary to maintain a 5 member board of trustees,
whose terms shall be for 3 years commencing the first Monday in
May of the year in which they are respectively appointed. The
lengths of the terms of the trustees who are to hold office
beginning May 1, 1978 shall be determined by lot at their first
meeting after May 1, 1978.
No more than 3 members of a 5 member board of trustees may
be of the same political party; except that in any sanitary
district which otherwise meets the requirements of this Section
and which lies within 4 counties of the State of Illinois or,
prior to April 30, 2008, in the Fox River Water Reclamation
District; the appointments of the 5 members of the board of
trustees shall be made without regard to political party.
Beginning with the appointments made on April 30, 2008, all
appointments to the board of trustees of the Fox River Water
Reclamation District shall be made so that no more than 3 of
the 5 members are from the same political party.
Beginning with the 2019 municipal election, the board of
trustees of the Fox River Water Reclamation District shall be
elected. The election of trustees shall be in accordance with
Section 2A-1.1 of the Election Code. Any current board members
whose terms do not expire in 2019 shall serve out the remainder

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of their term. The board of trustees shall consist of 5 elected
members. The trustees shall be elected for staggered terms at
the election as provided by the general election law. Two
trustees shall be elected at the 2019 election, and 3 trustees
shall be elected at the following election. Elected trustees
shall take office on the first Tuesday after the first Monday
in the month following the month of their election and shall
hold their offices for 4 years and until their successors are
elected and qualified. In all elections for trustees, each
elector may vote for as many candidates as there are trustees
to be elected, but no elector may give to the candidates more
than one vote. When a vacancy exists on the board of trustees
of the Fox River Water Reclamation District, the vacancy shall
be filled by appointment by the president of the board of
trustees, with the advice and consent of the members of the
board of trustees, until the next regular election at which
trustees of the district are elected, and shall be made a
matter of record in the office of the county clerk in the
county where the district is located. For a vacancy filled by
appointment, the portion of the unexpired term remaining after
the next regular election at which trustees of the district are
elected shall be filled by election, as provided for in this
paragraph.
Within 60 days after the release of Federal census
statistics showing that a sanitary district having a 3 member
board of trustees contains one or more municipalities with a

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population over 90,000 but less than 500,000, or, for the
Northern Moraine Wastewater Reclamation District, within 60
days after the effective date of this amendatory Act of the
95th General Assembly, the appropriate appointing authority
shall appoint 2 additional trustees to the board of trustees,
one to hold office for 2 years and one to hold office for 3
years from the first Monday of May next after their appointment
and until their successors are appointed and have qualified.
The lengths of the terms of these two additional members shall
be determined by lot at the first meeting of the board of
trustees held after the additional members take office. The
three trustees already holding office in the sanitary district
shall continue to hold office for the remainders of their
respective terms. Thereafter, on or before the second Monday in
April of each year the appropriate appointing authority shall
appoint one trustee or 2 trustees, as shall be necessary to
maintain a 5 member board of trustees, whose terms shall be for
3 years commencing the first Monday in May of the year in which
they are respectively appointed.
If any sanitary district having a 5 member board of
trustees shall cease to contain one or more municipalities with
a population over 90,000 but less than 500,000 according to the
most recent Federal census, then, for so long as that sanitary
district does not contain one or more such municipalities, on
or before the second Monday in April of each year the
appropriate appointing authority shall appoint one trustee

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whose term shall be for 3 years commencing the first Monday in
May of the year in which he is appointed. In districts which
include 2 or more incorporated cities, towns, or villages, or
parts of 2 or more incorporated cities, towns, or villages, all
of the trustees shall not be from one incorporated city, town
or village.
If a vacancy occurs on any board of trustees, the
appropriate appointing authority shall within 60 days appoint a
trustee who shall hold office for the remainder of the vacated
term.
The appointing authority shall require each of the trustees
to enter into bond, with security to be approved by the
appointing authority, in such sum as the appointing authority
may determine.
A majority of the board of trustees shall constitute a
quorum but a smaller number may adjourn from day to day. No
trustee or employee of such district shall be directly or
indirectly interested in any contract, work or business of the
district, or the sale of any article, the expense, price or
consideration of which is paid by such district; nor in the
purchase of any real estate or property belonging to the
district, or which shall be sold for taxes or assessments, or
by virtue of legal process at the suit of the district.
Provided, that nothing herein shall be construed as prohibiting
the appointment or selection of any person as trustee or
employee whose only interest in the district is as owner of

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real estate in the district or of contributing to the payment
of taxes levied by the district. The trustees shall have the
power to provide and adopt a corporate seal for the district.
Notwithstanding any other provision in this Section, in any
sanitary district created prior to the effective date of this
amendatory Act of 1985, in which a five member board of
trustees has been appointed and which currently includes one or
more municipalities with a population of over 90,000 but less
than 500,000, the board of trustees shall consist of five
members.
Except as otherwise provided for vacancies, in the event
that the appropriate appointing authority fails to appoint a
trustee under this Section, the appropriate appointing
authority shall reconvene and appoint a successor on or before
July 1 of that year.
(Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)