Public Act 095-0141
 		





HB1872 Enrolled
LRB095 07345 RAS 27486 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 3. The School Code is amended  by changing Section 
9-10 as follows:
 



    (105 ILCS 5/9-10)  (from Ch. 122, par. 9-10)



    Sec. 9-10. Candidates for office - Nominating petitions. 
Candidates for
the office of school director shall be nominated 
by petition signed by at
least 25 voters or 5% of the voters, 
whichever is less, residing within
the district and filed with 
the secretary of the board of school directors
or with a person 
designated by the board to receive nominating petitions.

    Nominations for members of boards of education, including 
non-high school
boards of education shall be made by a petition 
signed by at least 50 voters
or 10% of the voters, whichever is 
less, residing within the district and
shall be filed with the 
secretary of the board of education or with a
person designated 
by the board to receive nominating petitions.  In addition
to 
the requirements of the general election law, the form of such 
petitions
shall be substantially as follows:

NOMINATING PETITIONS


(LEAVE OUT THE INAPPLICABLE PART.)


    To the secretary of the board of education (or board of 
directors)
of district number .... in .... County:

    We the undersigned, being (.... or more) (or 10% or more) 
(or 5% or more)
of the voters residing within said district, 
hereby petition that .... who
resides at .... in the (city or 
village) of .... in Township .... (or who
resides outside any 
city, village or incorporated town and in Township ....) in

said district shall be a candidate for the office of .... of 
the board of
education (or board of directors) (full term) 
(vacancy) to be voted for at the
election to be held on (insert 
date).

    Name: ..................  Address: ...................

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


    Nomination papers filed under this Section are not valid 
unless the candidate
named therein files with the secretary of 
the board of education or a
person designated by the board to 
receive nominating petitions a receipt
from the county clerk 
showing that the candidate has filed a statement of
economic 
interests as required by the Illinois Governmental Ethics Act.

Such receipt shall be so filed either previously during the 
calendar year
in which his nomination papers were filed or 
within the period for the filing
of nomination papers in 
accordance with the general election law.

    All petitions for the nomination of members of a board of 
education shall
be filed with the secretary of the board or a 
person designated by the
board to receive nominating petitions 
within the time provided for
by the general election law.  The 
secretary shall receive and file only
those petitions which 
include a statement of candidacy, the required number
of voter 
signatures, the notarized signature of the petition circulator

and a receipt from the County Clerk showing that the candidate 
has filed
a statement of economic interest on or before the 
last day to file as required
by the Illinois Governmental 
Ethics Act.  The secretary may have petition
forms available
for 
issuance to potential candidates, and may give notice of the 
petition
filing period by publication in a newspaper of general 
circulation within
the school district not less than 10 days 
prior to the first day of filing.
Said secretary shall make 
certification to the proper election authorities
in accordance 
with the general election law.
If the secretary is an incumbent 
school board member seeking re-election,
a disinterested 
person must be a witness to the filing of his petition.

    The secretary of the board of education shall notify the 
candidates
for whom a petition for nomination is filed or the 
appropriate committee
of the obligations under the Campaign 
Financing Act as provided in the general
election law.  Such 
notice
shall be given on a form prescribed by the State Board 
of Elections and
in accordance with the requirements of the 
general election law.  The secretary
shall within 7 days of 
filing or on the last day for filing, whichever is
earlier, 
acknowledge to the petitioner in writing his acceptance of the

petition.

    A candidate for membership on the board of education or for 
office as a
school director, who has petitioned for nomination 
to fill a full term and
to fill a vacant term to be voted upon 
at the same election, must withdraw
his or her petition for 
nomination from either the full term or the vacant
term by 
written declaration.

    In all newly organized districts the petition for the 
nomination of
candidates
for members of the board of education 
at the first election shall be addressed
to and filed with the 
regional superintendent of schools in the manner herein

specified for the petitions for
members of a board of 
education.  For such election the regional superintendent
shall 
fulfill all duties otherwise assigned to the secretary of the 
board
of education.

(Source: P.A. 91-357, eff. 7-29-99.)

 

    (105 ILCS 5/9-18 rep.)

    Section 5. The School Code is amended  by repealing Section 
9-18.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.