Bill Text: IL SB1526 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Election Code. Provides for the election of the board of trustees of the City Colleges of Chicago, Illinois Community College District No. 508, at the general primary election in 2022 on a nonpartisan ballot. Provides that a member of the board of trustees shall be elected at each consolidated election thereafter. Makes related changes. Amends the Public Community College Act. Sets forth provisions concerning nominating petitions and ballots. Provides that the City of Chicago shall be subdivided into 20 trustee districts by the General Assembly for seats on the board of trustees, in addition to one at-large trustee. Provides that in the year following each decennial census, the General Assembly shall redistrict the trustee districts to reflect the results of each decennial census. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1526 Detail]

Download: Illinois-2021-SB1526-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1526

Introduced 2/26/2021, by Sen. Omar Aquino

SYNOPSIS AS INTRODUCED:
10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-52 from Ch. 46, par. 2A-52
110 ILCS 805/7-1 from Ch. 122, par. 107-1
110 ILCS 805/7-2 from Ch. 122, par. 107-2
110 ILCS 805/7-2.1 new
110 ILCS 805/7-2.2 new
110 ILCS 805/7-2.3 new
110 ILCS 805/7-3 from Ch. 122, par. 107-3

Amends the Election Code. Provides for the election of the board of trustees of the City Colleges of Chicago, Illinois Community College District No. 508, at the general primary election in 2022 on a nonpartisan ballot. Provides that a member of the board of trustees shall be elected at each consolidated election thereafter. Makes related changes. Amends the Public Community College Act. Sets forth provisions concerning nominating petitions and ballots. Provides that the City of Chicago shall be subdivided into 20 trustee districts by the General Assembly for seats on the board of trustees, in addition to one at-large trustee. Provides that in the year following each decennial census, the General Assembly shall redistrict the trustee districts to reflect the results of each decennial census. Makes other changes. Effective immediately.
LRB102 15239 SMS 20594 b
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

SB1526LRB102 15239 SMS 20594 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 2A-1.2 and 2A-52 as follows:
6 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
7 Sec. 2A-1.2. Consolidated schedule of elections; offices
8elections - offices designated.
9 (a) At the general election in the appropriate
10even-numbered years, the following offices shall be filled or
11shall be on the ballot as otherwise required by this Code:
12 (1) Elector of President and Vice President of the
13 United States;
14 (2) United States Senator and United States
15 Representative;
16 (3) State Executive Branch elected officers;
17 (4) State Senator and State Representative;
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;
22 (6) Circuit Court Clerk;
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;
3 (8) Judges of the Supreme, Appellate and Circuit
4 Courts, on the question of retention, to fill vacancies
5 and newly created judicial offices;
6 (9) (Blank);
7 (10) Trustee of the Metropolitan Water Reclamation
8 Sanitary District of Greater Chicago, and elected Trustee
9 of other Sanitary Districts;
10 (11) Special District elected officers, not otherwise
11 designated in this Section, where the statute creating or
12 authorizing the creation of the district requires an
13 annual election and permits or requires election of
14 candidates of political parties.
15 (b) At the general primary election:
16 (1) in each even-numbered year candidates of political
17 parties shall be nominated for those offices to be filled
18 at the general election in that year, except where
19 pursuant to law nomination of candidates of political
20 parties is made by caucus.
21 (2) in the appropriate even-numbered years the
22 political party offices of State central committeeperson,
23 township committeeperson, ward committeeperson, and
24 precinct committeeperson shall be filled and delegates and
25 alternate delegates to the National nominating conventions
26 shall be elected as may be required pursuant to this Code.

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1 In the even-numbered years in which a Presidential
2 election is to be held, candidates in the Presidential
3 preference primary shall also be on the ballot.
4 (3) in each even-numbered year, where the municipality
5 has provided for annual elections to elect municipal
6 officers pursuant to Section 6(f) or Section 7 of Article
7 VII of the Constitution, pursuant to the Illinois
8 Municipal Code or pursuant to the municipal charter, the
9 offices of such municipal officers shall be filled at an
10 election held on the date of the general primary election,
11 provided that the municipal election shall be a
12 nonpartisan election where required by the Illinois
13 Municipal Code. For partisan municipal elections in
14 even-numbered years, a primary to nominate candidates for
15 municipal office to be elected at the general primary
16 election shall be held on the Tuesday 6 weeks preceding
17 that election.
18 (4) in each school district which has adopted the
19 provisions of Article 33 of the School Code, successors to
20 the members of the board of education whose terms expire
21 in the year in which the general primary is held shall be
22 elected.
23 (5) in the 2022 primary election, the members of the
24 Board of Trustees of the City Colleges of Chicago,
25 Illinois Community College District No. 508, shall be
26 elected to serve a term of 5 years; successors shall be

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1 elected at the consolidated election under subsection (c)
2 to a term of 4 years as provided under Section 2A-48 of
3 this Code. The election of members of the Board of
4 Trustees of the City Colleges of Chicago held in 2022
5 shall be a nonpartisan election as provided for under this
6 Code and conducted on a nonpartisan ballot.
7 (c) At the consolidated election in the appropriate
8odd-numbered years, the following offices shall be filled:
9 (1) Municipal officers, provided that in
10 municipalities in which candidates for alderman or other
11 municipal office are not permitted by law to be candidates
12 of political parties, the runoff election where required
13 by law, or the nonpartisan election where required by law,
14 shall be held on the date of the consolidated election;
15 and provided further, in the case of municipal officers
16 provided for by an ordinance providing the form of
17 government of the municipality pursuant to Section 7 of
18 Article VII of the Constitution, such offices shall be
19 filled by election or by runoff election as may be
20 provided by such ordinance;
21 (2) Village and incorporated town library directors;
22 (3) City boards of stadium commissioners;
23 (4) Commissioners of park districts;
24 (5) Trustees of public library districts;
25 (6) Special District elected officers, not otherwise
26 designated in this Section, where the statute creating or

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1 authorizing the creation of the district permits or
2 requires election of candidates of political parties;
3 (7) Township officers, including township park
4 commissioners, township library directors, and boards of
5 managers of community buildings, and Multi-Township
6 Assessors;
7 (8) Highway commissioners and road district clerks;
8 (9) Members of school boards in school districts which
9 adopt Article 33 of the School Code;
10 (10) The directors and chair of the Chain O Lakes - Fox
11 River Waterway Management Agency;
12 (11) Forest preserve district commissioners elected
13 under Section 3.5 of the Downstate Forest Preserve
14 District Act;
15 (12) Elected members of school boards, school
16 trustees, directors of boards of school directors,
17 trustees of county boards of school trustees (except in
18 counties or educational service regions having a
19 population of 2,000,000 or more inhabitants) and members
20 of boards of school inspectors, except school boards in
21 school districts that adopt Article 33 of the School Code;
22 (13) Members of Community College district boards,
23 except as otherwise provided in paragraph (5) of
24 subsection (b);
25 (14) Trustees of Fire Protection Districts;
26 (15) Commissioners of the Springfield Metropolitan

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1 Exposition and Auditorium Authority;
2 (16) Elected Trustees of Tuberculosis Sanitarium
3 Districts;
4 (17) Elected Officers of special districts not
5 otherwise designated in this Section for which the law
6 governing those districts does not permit candidates of
7 political parties.
8 (d) At the consolidated primary election in each
9odd-numbered year, candidates of political parties shall be
10nominated for those offices to be filled at the consolidated
11election in that year, except where pursuant to law nomination
12of candidates of political parties is made by caucus, and
13except those offices listed in paragraphs (12) through (17) of
14subsection (c).
15 At the consolidated primary election in the appropriate
16odd-numbered years, the mayor, clerk, treasurer, and aldermen
17shall be elected in municipalities in which candidates for
18mayor, clerk, treasurer, or alderman are not permitted by law
19to be candidates of political parties, subject to runoff
20elections to be held at the consolidated election as may be
21required by law, and municipal officers shall be nominated in
22a nonpartisan election in municipalities in which pursuant to
23law candidates for such office are not permitted to be
24candidates of political parties.
25 At the consolidated primary election in the appropriate
26odd-numbered years, municipal officers shall be nominated or

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1elected, or elected subject to a runoff, as may be provided by
2an ordinance providing a form of government of the
3municipality pursuant to Section 7 of Article VII of the
4Constitution.
5 (e) (Blank).
6 (f) At any election established in Section 2A-1.1, public
7questions may be submitted to voters pursuant to this Code and
8any special election otherwise required or authorized by law
9or by court order may be conducted pursuant to this Code.
10 Notwithstanding the regular dates for election of officers
11established in this Article, whenever a referendum is held for
12the establishment of a political subdivision whose officers
13are to be elected, the initial officers shall be elected at the
14election at which such referendum is held if otherwise so
15provided by law. In such cases, the election of the initial
16officers shall be subject to the referendum.
17 Notwithstanding the regular dates for election of
18officials established in this Article, any community college
19district which becomes effective by operation of law pursuant
20to Section 6-6.1 of the Public Community College Act, as now or
21hereafter amended, shall elect the initial district board
22members at the next regularly scheduled election following the
23effective date of the new district.
24 (g) At any election established in Section 2A-1.1, if in
25any precinct there are no offices or public questions required
26to be on the ballot under this Code then no election shall be

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1held in the precinct on that date.
2 (h) There may be conducted a referendum in accordance with
3the provisions of Division 6-4 of the Counties Code.
4(Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
5 (10 ILCS 5/2A-52) (from Ch. 46, par. 2A-52)
6 Sec. 2A-52. Community College District - Member - Time of
7Election. A member of the Board of a Community College
8District shall be elected at each consolidated election to
9succeed each elected incumbent member of the Board whose term
10expires before the following consolidated election. However, a
11member of the Board of Trustees of the City Colleges of
12Chicago, Illinois Community College District No. 508, shall be
13elected at each consolidated election beginning with the April
142023 election to succeed each incumbent member whose term ends
15before the following consolidated election.
16(Source: P.A. 90-358, eff. 1-1-98.)
17 Section 10. The Public Community College Act is amended by
18changing Sections 7-1, 7-2, and 7-3 and by adding Sections
197-2.1, 7-2.2, and 7-2.3 as follows:
20 (110 ILCS 805/7-1) (from Ch. 122, par. 107-1)
21 Sec. 7-1. This Article applies only to community college
22districts in cities having a population of 500,000 or more
23inhabitants. Each such community college district shall

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1maintain a system of community colleges under the charge of a
2board, which is appointed as provided in Section 7-2. Except
3as otherwise provided in this Article, such a community
4college district and its board have all the rights, duties,
5powers and responsibilities and are subject to the same
6limitations as are provided for other community college
7districts in this Act, as now or hereafter amended.
8(Source: P.A. 78-669.)
9 (110 ILCS 805/7-2) (from Ch. 122, par. 107-2)
10 Sec. 7-2. (a) This subsection (a) applies until March 21,
112022. The board shall consist of 7 members, appointed by the
12mayor with the approval of the city council. Prior to the
13expiration of the term of any member his successor shall be
14appointed in like manner and shall hold office for a term of 3
15years from July 1 of the year in which he is appointed and
16until his successor is appointed and qualified. Any vacancy in
17the membership of the board shall be filled through
18appointment by the mayor, with the approval of the city
19council, for the unexpired term. If any appointee fails to
20qualify within 30 days after his appointment, the office shall
21be filled by a new appointment for the unexpired term. To be
22eligible for appointment to a board under this Section, a
23person must possess the same qualifications and meet the same
24requirements as are prescribed by this Act for members of an
25elected board of a community college district.

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1 (b) On March 21, 2022, notwithstanding the provisions of
2Section 3-7 of this Act, the terms of all members of the board
3appointed under subsection (a) are abolished when the new
4board, consisting of 21 members, is elected by the electors of
5the community college district as provided in this subsection
6(b) and takes office.
7 Each member shall be elected for a term of 4 years,
8commencing on the second Tuesday in May of the year in which
9the member is elected, and until the member's successor is
10elected and has qualified, except that members of the board
11elected to terms commencing on March 21, 2022 shall commence
12to serve for terms of 5 years and until the member's successor
13is elected and has qualified. For purposes of elections
14conducted pursuant to this subsection (b), the City of Chicago
15shall be subdivided into 20 trustee districts by the General
16Assembly for seats on the board, as provided under Section
177-2.3 of this Act. Each district shall be represented by a
18member, and one member shall be elected at large and serve as
19the president of the board. To be eligible for election or
20appointment to a board under this Section, a person must
21possess the same qualifications and meet the same requirements
22as are prescribed by this Act for members of an elected board
23of a community college district. A person is ineligible for
24election or appointment to a board under this Section if that
25person is an employee of a community college district within
26the city.

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1 (c) No member shall have or be an employee or owner of a
2company that has a contract with a community college within
3the city. No former officer, member, or employee of the board
4shall, within a period of one year immediately after
5termination of service on the board, knowingly accept
6employment or receive compensation or fees for services from a
7person or entity if the officer, member, or employee, during
8the year immediately preceding termination of service on the
9board, participated personally and substantially in the award
10of contracts with the board, community college district, or
11community colleges within the city, or the issuance of
12contract change orders with the board or the community college
13district, or community college within the city, with a
14cumulative value of $25,000 or more to the person, the entity,
15or the entity's parent or subsidiary.
16 (d) Whenever a vacancy occurs, the remaining members shall
17fill the vacancy, and the person so appointed shall serve
18until a successor is elected at the next regular election for
19board members and is certified in accordance with Sections
2022-17 and 22-18 of the Election Code. If the remaining members
21fail to fill the vacancy within 60 days after the vacancy
22occurs, the chairman of the State Board shall fill that
23vacancy, and the person so appointed shall serve until a
24successor is elected at the next regular election for board
25members and is certified in accordance with Sections 22-17 and
2622-18 of the Election Code. The person appointed to fill a

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1vacancy shall have the same residential qualifications as his
2or her predecessor in office was required to have. However, in
3either instance, if the vacancy occurs with more than 28
4months remaining until the term expires, the appointed member
5shall serve only until a successor is elected and qualified at
6the next scheduled election.
7(Source: P.A. 78-669.)
8 (110 ILCS 805/7-2.1 new)
9 Sec. 7-2.1. Nomination petitions. Notwithstanding Section
103-7.10 of this Act, in addition to the requirements of the
11general election law, the form of petitions under this Section
12shall be substantially as follows:
13
NOMINATING PETITIONS
14
(LEAVE OUT THE INAPPLICABLE PART.)
15 To the Board of Election Commissioners for the City of
16Chicago:
17 We the undersigned, being (.... or more) of the voters
18residing within said district, hereby petition that .... who
19resides at .... in the City of Chicago shall be a candidate for
20the office of .... of the Board of Trustees of the City
21Colleges of Chicago, Illinois Community College District No.
22508, (full term) (vacancy) to be voted for at the election to
23be held on (insert date).
24 Name: .................. Address: ...................
25 In the designation of the name of a candidate on a petition

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1for nomination, the candidate's given name or names, initial
2or initials, a nickname by which the candidate is commonly
3known, or a combination thereof may be used in addition to the
4candidate's surname. If a candidate has changed his or her
5name, whether by a statutory or common law procedure in
6Illinois or any other jurisdiction, within 3 years before the
7last day for filing the petition, then (i) the candidate's
8name on the petition must be followed by "formerly known as
9(list all prior names during the 3-year period) until name
10changed on (list date of each such name change)" and (ii) the
11petition must be accompanied by the candidate's affidavit
12stating the candidate's previous names during the period
13specified in clause (i) and the date or dates each of those
14names was changed; failure to meet these requirements shall be
15grounds for denying certification of the candidate's name for
16the ballot, but these requirements do not apply to name
17changes resulting from adoption to assume an adoptive parent's
18or parents' surname, marriage to assume a spouse's surname, or
19dissolution of marriage or declaration of invalidity of
20marriage to assume a former surname. No other designation,
21such as a political slogan, as defined by Section 7-17 of the
22Election Code, title or degree, or nickname suggesting or
23implying possession of a title, degree or professional status,
24or similar information may be used in connection with the
25candidate's surname.
26 All petitions for the nomination of members of the board

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1shall be filed with the board of election commissioners of the
2jurisdiction in which the principal office of the community
3college district is located within the time provided for by
4the general election law, except that petitions for the
5nomination of members of the board for the March 20, 2022
6election shall be prepared and certified on the same schedule
7as the petition schedule for the candidates for the General
8Assembly. The board of election commissioners shall receive
9and file only those petitions that include a statement of
10candidacy, the required number of voter signatures, the
11notarized signature of the petition circulator, and a receipt
12from the County Clerk showing that the candidate has filed a
13statement of economic interest on or before the last day to
14file as required by the Illinois Governmental Ethics Act. The
15board of election commissioners may have petition forms
16available for issuance to potential candidates and may give
17notice of the petition filing period by publication in a
18newspaper of general circulation within the community college
19district not less than 10 days prior to the first day of
20filing. The board of election commissioners shall make
21certification to the proper election authorities in accordance
22with the general election law.
23 The board of election commissioners of the jurisdiction in
24which the principal office of the community college district
25is located shall notify the candidates for whom a petition for
26nomination is filed or the appropriate committee of the

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1obligations under the Campaign Financing Act as provided in
2the general election law. Such notice shall be given on a form
3prescribed by the State Board of Elections and in accordance
4with the requirements of the general election law. The board
5of election commissioners shall within 7 days of filing or on
6the last day for filing, whichever is earlier, acknowledge to
7the petitioner in writing the office's acceptance of the
8petition.
9 A candidate for membership on the board who has petitioned
10for nomination to fill a full term and to fill a vacant term to
11be voted upon at the same election must withdraw his or her
12petition for nomination from either the full term or the
13vacant term by written declaration.
14 Nomination petitions are not valid unless the candidate
15named therein files with the board of election commissioners a
16receipt from the county clerk showing that the candidate has
17filed a statement of economic interests as required by the
18Illinois Governmental Ethics Act. Such receipt shall be so
19filed either previously during the calendar year in which his
20or her nomination papers were filed or within the period for
21the filing of nomination papers in accordance with the general
22election law.
23 (110 ILCS 805/7-2.2 new)
24 Sec. 7-2.2. Ballots. The board of election commissioners
25of the jurisdiction in which the principal office of the

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1community college district is located shall conduct a lottery
2to determine the ballot order of candidates for full terms in
3the event of any simultaneous petition filings. Such candidate
4lottery shall be conducted as follows:
5 All petitions filed by persons waiting in line as of 8:00
6a.m. on the first day for filing, or as of the normal opening
7hour of the office involved on such day, shall be deemed
8simultaneously filed as of 8:00 a.m. or the normal opening
9hour, as the case may be. Petitions filed by mail and received
10after midnight of the first day for filing and in the first
11mail delivery or pickup of that day shall be deemed
12simultaneously filed as of 8:00 a.m. of that day or as of the
13normal opening hour of such day, as the case may be. All
14petitions received thereafter shall be deemed filed in the
15order of actual receipt. However, 2 or more petitions filed
16within the last hour of the filing deadline shall be deemed
17filed simultaneously.
18 Where 2 or more petitions are received simultaneously for
19the same office as of 8:00 a.m. on the first day for petition
20filing or as of the normal opening hour of the office of the
21board of election commissioners with whom such petitions are
22filed, the board of election commissioners shall break ties
23and determine the order of filing by means of a lottery or
24other fair and impartial method of random selection. Such
25lottery shall be conducted within 9 days following the last
26day for petition filing and shall be open to the public. Seven

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1days written notice of the time and place of conducting such
2random selection shall be given by the board of election
3commissioners to all candidates who filed their petitions
4simultaneously and to each organization of citizens within the
5election jurisdiction that was entitled, under the general
6election law, at the next preceding election, to have poll
7watchers present on the day of election. The board of election
8commissioners shall post in a conspicuous, open, and public
9place, at the entrance of his or her office, notice of the time
10and place of such lottery.
11 All candidates shall be certified in the order in which
12their petitions have been filed and in the manner prescribed
13by Section 10-15 of the Election Code. Where candidates have
14filed simultaneously, they shall be certified in the order
15prescribed by this Section and prior to candidates who filed
16for the same office at a later time.
17 Where elections are conducted for unexpired terms, a
18second lottery to determine ballot order shall be conducted
19for candidates who simultaneously file petitions for such
20unexpired terms. Such lottery shall be conducted in the same
21manner as prescribed by this Section for full term candidates.
22 Ballots for the election of board members shall be in the
23following form:
24(BALLOT FORMAT
25 Ballot position for candidates shall be determined by the

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1order of petition filing or lottery held pursuant to this
2Section.
3 The community college district is divided into 20 trustee
4districts, each of which elects one member to the board and
5votes on one member to serve at-large.)
6
OFFICIAL BALLOT
7
DISTRICT ....... (1 through 20)
8
FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF
9
CHICAGO TO SERVE
10
A FULL 4-YEAR TERM
11
VOTE FOR ONE
12
( ) .....................................
13
( ) .....................................
14
( ) .....................................
15
OFFICIAL BALLOT
16
AT LARGE
17
FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF
18
CHICAGO TO SERVE
19
A FULL 4-YEAR TERM
20
VOTE FOR ONE
21
( ) .....................................
22
( ) .....................................
23
( ) .....................................
24
REVERSE SIDE:
25
OFFICIAL BALLOT
26
DISTRICT ....... (1 through 20)

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1
(Precinct name or number)
2
Community College District No. ......, ........... County,
3
Illinois
4
Election Tuesday (insert date)
5
(facsimile signature of Election Authority)
6
(County)
7 (110 ILCS 805/7-2.3 new)
8 Sec. 7-2.3. Creation of trustee districts; reapportionment
9of districts.
10 (a) For purposes of elections conducted pursuant to
11subsection (b) of Section 7-2 of this Act, the City of Chicago
12shall be subdivided into 20 trustee districts after the
13effective date of this amendatory Act of the 102nd General
14Assembly by the General Assembly for seats on the board. The
15trustee districts must be drawn on or before January 1, 2022.
16Each trustee district must be compact, contiguous, and
17substantially equal in population.
18 (b) In the year following each decennial census, the
19General Assembly shall redistrict the trustee districts to
20reflect the results of the decennial census consistent with
21the requirements in subsection (a). The reapportionment plan
22shall be completed and formally approved by the General
23Assembly not less than 90 days before the last date
24established by law for the filing of nominating petitions for
25the second board election after the decennial census year. If

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1by reapportionment a board member no longer resides within the
2trustee district from which the member was elected, the member
3shall continue to serve in office until the expiration of the
4member's regular term. All new members shall be elected from
5the trustee districts as reapportioned.
6 (110 ILCS 805/7-3) (from Ch. 122, par. 107-3)
7 Sec. 7-3. The organization of the board and election of
8officers for the a board appointed under Section 7-2 shall be
9conducted in accordance with the general election law and this
10Act.
11(Source: P.A. 81-1489.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.
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