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| Public Act 101-0523
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| SB0100 Enrolled | LRB101 06953 AWJ 51986 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing |
Sections 2A-41 and 7-12 as follows:
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(10 ILCS 5/2A-41) (from Ch. 46, par. 2A-41)
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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 Metro 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.
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(Source: P.A. 80-936.)
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(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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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 |
(including the Fox Metro Water Reclamation District), |
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.
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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.
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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
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the primary; provided, however, that if the rules or |
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policies of a national
political party conflict with such |
requirements for filing petitions for
nomination for |
delegates or alternate delegates to a national nominating
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convention, the chair 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.
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(2) Where the nomination is to be made for a county |
office or trustee
of a sanitary 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.
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(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
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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
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authority.
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(4) The petitions of candidates for State central |
committeeperson 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.
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(5) Petitions of candidates for precinct, township or |
ward committeepersons
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.
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(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
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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 |
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received
simultaneously, the State Board of Elections or |
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
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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 chair
of the State central |
committee of each established political
party, and by each |
election authority or local election official, to the
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County Chair 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.
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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 |
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determined by lot and prior to candidates who filed
for the |
same office at a later time.
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(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.
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Such notice shall be given in the manner prescribed by |
paragraph (7) of
Section 9-16 of this Code.
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(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
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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 |
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was filed. Such receipt shall be so filed not later than |
the
last day on which nomination papers may be filed.
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(9) Any person for whom a petition for nomination, or |
for committeeperson 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
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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 |
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petitions for nomination have been filed for the same |
person for 2 or 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
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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
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political party is not incompatible with any other office.
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(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
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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
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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 |
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be uncontested where not more than the number of persons
to |
be nominated have timely filed valid nomination papers |
seeking the
nomination of such party for election to such |
office.
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(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
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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.
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(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 |
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election official with whom nomination papers for
such |
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
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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
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Section is filed in a timely manner.
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(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
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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 |
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sets
of petitions. If the candidate notifies the State |
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
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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
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election official then only the first set of petitions |
filed shall be valid
and all subsequent petitions shall be |
void.
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(12) All nominating petitions shall be available for |
public inspection
and shall be preserved for a period of |
not less than 6 months.
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(Source: P.A. 99-221, eff. 7-31-15; 100-1027, eff. 1-1-19.)
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Section 10. The Sanitary District Act of 1917 is amended by |
changing Section 3 as follows:
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(70 ILCS 2405/3) (from Ch. 42, par. 301)
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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 |
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District of Decatur, and the Northern Moraine Wastewater |
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
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following manner:
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(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;
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(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.
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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
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are appointed and have qualified, and thereafter on or before |
the second
Monday in April of each year the appropriate |
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appointing authority shall
appoint one trustee whose term shall |
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.
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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
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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.
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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 |
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the three new trustees, one shall hold office for 2 years and 2 |
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
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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.
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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.
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Beginning with the 2021 municipal election, the board of |
trustees of the Fox Metro Water Reclamation District shall be |
elected as provided in this paragraph. The election of trustees |
shall be in accordance with Section 2A-1.1 of the Election |
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Code. Any board member serving on the effective date of this |
amendatory Act of the 101st General Assembly whose term does |
not expire in 2021 shall serve until his or her successor is |
elected and qualified. The board of trustees of the Fox Metro |
Water Reclamation District shall: on or before January 1, 2020, |
divide the Fox Metro Water Reclamation District into 5 trustee |
districts and assign the trustee districts to reflect the |
results of the most recent federal decennial census; and |
thereafter, in the year following each decennial census, |
redistrict the trustee districts to reflect the results of the |
most recent census. The board of trustees shall consist of 1 |
elected trustee in each trustee district. A petition for |
nomination for election of a trustee of the Fox Metro Water |
Reclamation District shall contain at least 100 signatures of |
registered voters residing within the Fox Metro Water |
Reclamation District. The trustees shall be elected for |
staggered terms at the election as provided by the Election |
Code. Two trustees shall be elected at the 2021 election, and 3 |
trustees shall be elected at the following consolidated |
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. If a vacancy |
occurs before the 2021 election on the board of trustees of the |
Fox Metro Water Reclamation District: (i) the District Manager |
shall, no later than 7 days from the date of the vacancy, |
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notify the State legislators representing any portion of the |
District, publish notification of the vacancy on the District's |
website, and send notification of the vacancy to local |
newspapers, radio stations, and television stations; (ii) each |
notification published or sent shall contain instructions on |
how to apply to the District Manager for the vacant trustee |
position; (iii) applications for the vacancy shall be accepted |
for at least 30 days after the date the notification of the |
vacancy was published and sent; (iv) applications for the |
vacancy shall include a letter of interest and resume; (v) once |
the application period has closed, the District Manager shall |
forward all applications received to the State legislators |
notified of the vacancy in item (i); (vi) the President of the |
board of trustees and the District Manager shall hold a public |
meeting with the State legislators notified of the vacancy to |
review all applications and, by unanimous vote of all State |
legislators representing any portion of the District, select a |
candidate to fill the trustee vacancy; and (vii) the board of |
trustees shall appoint the selected candidate at the next board |
of trustees meeting. If a vacancy exists after the 2021 |
election on the board of trustees of the Fox Metro 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 |
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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 |
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
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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 |
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they are respectively
appointed.
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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 |
whose term shall be for 3 years commencing the first
Monday in |
May of the year in which he is appointed. In districts which
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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.
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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.
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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.
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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 |
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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
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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 |
real estate in the district or of contributing to the
payment |
of taxes levied by the district. The trustees shall have the
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power to provide and adopt a corporate seal for the district.
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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
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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.
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(Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)
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