Bill Text: IL SB1692 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Drainage Code. In provisions concerning election of commissioners in drainage districts organized under the Farm Drainage Act and certain other districts, provides that an adult owner of property in a drainage district is entitled to one vote per acre or part of an acre within each parcel of land owned by the owner and located in the district. Provides that, if a parcel of land is owned by more than one adult owner, only one of the owners representing all of the owners may cast a ballot for that parcel. Provides that the votes represented by the ballot shall equal the number of acres or part of an acre shown on the face of the ballot. Provides that, by casting a ballot, the voter certifies that he or she is the owner of the land or, when the land is owned by multiple owners, the voter casting the ballot certifies that a majority of the owners have granted him or her the authority to cast the ballot on behalf of the all the owners. Changes the time that the polls may be open. Provides that the commissioners acting as the judges of the election shall not be responsible for determining the ownership of any parcel of land and may rely upon the representations of the person presenting himself or herself as the owner of the parcel or the person authorized by a majority of the other owners of the parcel to cast the ballot on behalf of all the owners. Makes conforming and other changes.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-12-22 - Chief Sponsor Changed to Sen. Don Harmon [SB1692 Detail]

Download: Illinois-2021-SB1692-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1692 Introduced 2/26/2021, by Sen. Scott M. Bennett SYNOPSIS AS INTRODUCED:
70 ILCS 605/4-5 from Ch. 42, par. 4-5
Amends the Illinois Drainage Code. In provisions concerning election of commissioners in drainage districts organized under the Farm Drainage Act and certain other districts, provides that an adult owner of property in a drainage district is entitled to one vote per acre or part of an acre within each parcel of land owned by the owner and located in the district. Provides that, if a parcel of land is owned by more than one adult owner, only one of the owners representing all of the owners may cast a ballot for that parcel. Provides that the votes represented by the ballot shall equal the number of acres or part of an acre shown on the face of the ballot. Provides that, by casting a ballot, the voter certifies that he or she is the owner of the land or, when the land is owned by multiple owners, the voter casting the ballot certifies that a majority of the owners have granted him or her the authority to cast the ballot on behalf of the all the owners. Changes the time that the polls may be open. Provides that the commissioners acting as the judges of the election shall not be responsible for determining the ownership of any parcel of land and may rely upon the representations of the person presenting himself or herself as the owner of the parcel or the person authorized by a majority of the other owners of the parcel to cast the ballot on behalf of all the owners. Makes conforming and other changes.
LRB102 15976 AWJ 21346 b
A BILL FOR
SB1692 LRB102 15976 AWJ 21346 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Drainage Code is amended by
changing Section 4-5 as follows:
(70 ILCS 605/4-5) (from Ch. 42, par. 4-5)
Sec. 4-5. Election of Commissioners in Districts organized
under Farm Drainage Act and certain other Districts.
Commissioners for all districts which, at the time this Act
becomes effective, are operating and existing under the
provisions of the Farm Drainage Act, shall be elected by the
adult owners of land in the district in the manner provided by
this Section unless the landowners have elected to change from
the election to the appointment of commissioners in the manner
provided in Section 4-6.
An election shall be held in all combined, union, special,
user, mutual or other districts which were operating and
existing under the Farm Drainage Act at the time this Act
became effective and in districts which have changed from the
appointment to the election of commissioners as provided in
Section 4-8, on the first Tuesday in September 1956 and
annually thereafter for the purpose of electing a successor to
the commissioner whose term will next expire. Commissioners so

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elected shall serve for a term of 3 years from the date of
their election and until their successors have been elected
and have qualified.
In any case where the commissioners have failed to give
notice and to hold an election as provided in this Section, the
circuit court of the county in which the district is organized
may, on the petition of any owner of land in the district,
designate the time and place for a special election. Any
commissioner elected at such special election shall serve for
the remainder of the term expiring 3 years from the date on
which the election should have been held and until his or her
successor is elected and has qualified.
The commissioners in office shall designate the place
within the district at which the election will be held and they
shall file such designation in writing with the clerk of the
circuit court at least four weeks prior to the date of the
election. The clerk shall give at least two weeks notice of the
time and place of the election by publication for 2 successive
weeks in the manner provided by Section 4-22. Notice by
mailing shall not be required.
Voting shall be by secret ballot. The clerk of the circuit
court shall cause the ballots to be prepared in the manner set
forth in this paragraph. To enable the number of votes cast to
be calculated in conformance with the requirements in the
following paragraph, there shall be a ballot for each parcel
of land listed on the district's then-current assessment roll.

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The face of each ballot shall identify the parcel, the number
of acres or part of an acre within said parcel, and the name or
names of the owner or owners of the parcel. Each ballot The
ballots shall also show on its their face the name of the
district, the date of the election, the term for which a
commissioner is to be elected, the names of the declared
candidates and a blank line for write-in candidates. A square
shall appear before each name and before the blank line. The
reverse side of the ballot shall show the official nature of
the ballot by the certificate of the clerk.
Adult owners Every adult owner of land in the district
shall be entitled to vote in the manner provided for in this
paragraph. An adult owner is entitled to one vote per acre or
part of an acre within each parcel of land owned by the owner
and located in the district. If a parcel of land is owned by
more than one adult owner, only one of the owners representing
all of the owners may cast a ballot for that parcel. The votes
represented by the ballot shall equal the number of acres or
part of an acre shown on the face of the ballot. By casting a
ballot, the voter certifies that he or she is the owner of the
land or, when the land is owned by multiple owners, the voter
casting the ballot certifies that a majority of the owners
have granted him or her the authority to cast the ballot on
behalf of the all the owners. Any qualified person owning land
with the district may declare his or her candidacy for the
office of commissioner and thereby become entitled to have his

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or her name placed on the ballot by filing a statement of his
or her candidacy in writing with the clerk at least 3 weeks
prior to the date of the election.
The commissioners in office at the time of the election
shall be the judges of the election. In the event that one or
more of the commissioners is absent or refuses to serve as
judge then the electors present at the opening of the polls may
choose a person or persons to fill the vacancy or vacancies.
The polls shall open at 4:00 p.m. 2:00 P.M. and close at 6:00
p.m. 4:00 P.M. unless the judges of election shall determine
to hold the polls open a longer period to accommodate the
voters. In no event shall the polls remain open later than 7:00
p.m. 6:00 P.M.
The judges of the election shall not be responsible for
determining the ownership of any parcel of land and may rely
upon the representations of the person presenting himself or
herself as the owner of the parcel or the person authorized by
a majority of the other owners of the parcel to cast the ballot
on behalf of all the owners. If a parcel of land is owned by a
public or private corporation, or other entity or entities,
the person presenting himself or herself on behalf of the
owner or owners certifies that he or she has the authority to
cast the ballot on behalf of the owner or owners. The judges of
election may take reasonable measures to verify that no more
than one person casts a ballot for each parcel of land. Whoever
willfully misrepresents his or her eligibility to cast a

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ballot in an election shall be deemed guilty of a Class A
Misdemeanor.
Upon the closing of the polls the judges of election shall
promptly canvass the ballots and the ballots together with the
poll books, tally lists and the results shall be returned to
the clerk of the circuit court within 48 hours after the
election. The candidate receiving the largest number of votes
shall be declared elected upon the certification of the votes
by the election judges. In case of a tie the judges shall
determine by lot who is elected. The expense of the election
shall be borne by the district.
In the event that a vacancy occurs in the office of
commissioner whether by death, ineligibility, removal from
office or failure to qualify the commissioners in office shall
fill the vacancy by appointment. The commissioner so appointed
shall serve until the next annual election. If the unexpired
term caused by such vacancy be for more than one year then, at
the next annual election, the adult landowners shall elect a
commissioner to complete the then unexpired portion of the
term in addition to electing a commissioner for a regular
term.
Commissioners elected under this Section shall, within 20
days after their election, qualify by subscribing to an oath
of office and giving bond, in the manner provided in Section
4-4.
(Source: P.A. 86-297.)