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92_SB0170eng SB170 Engrossed LRB9201783NTsbA 1 AN ACT in relation to schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 3A-6 as follows: 6 (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6) 7 Sec. 3A-6. Election of Superintendent for consolidated 8 region - Bond - Vacancies in any educational service region. 9 (a) The regional superintendent to be elected under 10 Section 3A-5 shall be elected at the time provided in the 11 general election law and must possess the qualifications 12 described in Section 3-1 of this Act. 13 (b) The bond required under Section 3-2 shall be filed 14 in the office of the county clerk in the county where the 15 regional office is situated, and a certified copy of that 16 bond shall be filed in the office of the county clerk in each 17 of the other counties in the region. 18 (c) When a vacancy occurs in the office of regional 19 superintendent of schools of any educational service region 20 which is not located in a county which is a home rule unit, 21 such vacancy shall be filled within 60 days (i) by 22 appointment of the chairman of the county board, with the 23 advice and consent of the county board, when such vacancy 24 occurs in a single county educational service region; or (ii) 25 by appointment of a committee composed of the chairmen of the 26 county boards of those counties comprising the affected 27 educational service region when such vacancy occurs in a 28 multicounty educational service region, each committeeman to 29 be entitled to one vote for each vote that was received in 30 the county represented by such committeeman on the committee 31 by the regional superintendent of schools whose office is SB170 Engrossed -2- LRB9201783NTsbA 1 vacant at the last election at which a regional 2 superintendent was elected to such office, and the person 3 receiving the highest number of affirmative votes from the 4 committeemen for such vacant office to be deemed the person 5 appointed by such committee to fill the vacancy. The 6 appointee shall be a member of the same political party as 7 the regional superintendent of schools the appointee succeeds 8 was at the time such regional superintendent of schools last 9 was elected. The appointee shall serve for the remainder of 10 the term. However, if more than 28 months remain in that 11 term, the appointment shall be until the next general 12 election, at which time the vacated office shall be filled by 13 election for the remainder of the term. Nominations shall be 14 made and any vacancy in nomination shall be filled as 15 follows: 16 (1) If the vacancy in office occurs before the 17 first date provided in Section 7-12 of the Election Code 18 for filing nomination papers for county offices for the 19 primary in the next even-numbered year following 20 commencement of the term of office in which the vacancy 21 occurs, nominations for the election for filling the 22 vacancy shall be made pursuant to Article 7 of the 23 Election Code. 24 (2) If the vacancy in office occurs during the time 25 provided in Section 7-12 of the Election Code for filing 26 nomination papers for county offices for the primary in 27 the next even-numbered year following commencement of the 28 term of office in which the vacancy occurs, the time for 29 filing nomination papers for the primary shall not be 30 more than 91 days nor less than 85 days prior to the date 31 of the primary. 32 (3) If the vacancy in office occurs after the last 33 day provided in Section 7-12 of the Election Code for 34 filing nomination papers for county offices for the SB170 Engrossed -3- LRB9201783NTsbA 1 primary in the next even-numbered year following 2 commencement of the term of office in which the vacancy 3 occurs, a vacancy in nomination shall be deemed to have 4 occurred and the county central committee of each 5 established political party (if the vacancy occurs in a 6 single county educational service region) or the 7 multi-county educational service region committee of each 8 established political party (if the vacancy occurs in a 9 multi-county educational service region) shall nominate, 10 by resolution, a candidate to fill the vacancy in 11 nomination for election to the office at the general 12 election. In the nomination proceedings to fill the 13 vacancy in nomination, each member of the county central 14 committee or the multi-county educational service region 15 committee, whichever applies, shall have the voting 16 strength as set forth in Section 7-8 or 7-8.02 of the 17 Election Code, respectively. The name of the candidate 18 so nominated shall not appear on the ballot at the 19 general primary election. The vacancy in nomination 20 shall be filled prior to the date of certification of 21 candidates for the general election. 22 (4) The resolution to fill the vacancy shall be 23 duly acknowledged before an officer qualified to take 24 acknowledgments of deeds and shall include, upon its 25 face, the following information: (A) the name of the 26 original nominee and the office vacated; (B) the date on 27 which the vacancy occurred; and (C) the name and address 28 of the nominee selected to fill the vacancy and the date 29 of selection. The resolution to fill the vacancy shall be 30 accompanied by a statement of candidacy, as prescribed in 31 Section 7-10 of the Election Code, completed by the 32 selected nominee, a certificate from the State Board of 33 Education, as prescribed in Section 3-1 of this Code, and 34 a receipt indicating that the nominee has filed a SB170 Engrossed -4- LRB9201783NTsbA 1 statement of economic interests as required by the 2 Illinois Governmental Ethics Act. 3 The provisions of Sections 10-8 through 10-10.1 of the 4 Election Code relating to objections to nomination papers, 5 hearings on objections, and judicial review shall also apply 6 to and govern objections to nomination papers and resolutions 7 for filling vacancies in nomination filed pursuant to this 8 Section. Unless otherwise specified in this Section, the 9 nomination and election provided for in this Section is 10 governed by the general election law.until the next general11election when a successor shall be elected in accordance with12the general election law for the unexpired term or for a full13term, as the case may require.14 Except as otherwise provided by applicable county 15 ordinance or by law, if a vacancy occurs in the office of 16 regional superintendent of schools of an educational service 17 region that is located in a county that is a home rule unit 18 and that has a population of less than 2,000,000 inhabitants, 19 that vacancy shall be filled by the county board of such home 20 rule county. 21 Until July 1, 1994, if a vacancy occurs in the office of 22 regional superintendent of schools of an educational service 23 region that is located in a county that is a home rule unit 24 and that has a population of 2,000,000 or more inhabitants, 25 that vacancy shall be filled by the county board of that home 26 rule county unless otherwise provided by applicable county 27 ordinance or by law. On and after July 1, 1994, the 28 provisions of this Section shall have no application in any 29 educational service region that is located in any county, 30 including a county that is a home rule unit, if that 31 educational service region has a population of 2,000,000 or 32 more inhabitants. 33 Any person appointed to fill a vacancy in the office of 34 regional superintendent of schools of any educational service SB170 Engrossed -5- LRB9201783NTsbA 1 region must possess the qualifications required to be elected 2 to the position of regional superintendent of schools, and 3 shall obtain a certificate of eligibility from the State 4 Superintendent of Education and file same with the county 5 clerk of the county in which the regional superintendent's 6 office is located. 7 If the regional superintendent of schools is called into 8 the active military service of the United States, his office 9 shall not be deemed to be vacant, but a temporary appointment 10 shall be made as in the case of a vacancy. The appointee 11 shall perform all the duties of the regional superintendent 12 of schools during the time the regional superintendent of 13 schools is in the active military service of the United 14 States, and shall be paid the same compensation apportioned 15 as to the time of service, and such appointment and all 16 authority thereunder shall cease upon the discharge of the 17 regional superintendent of schools from such active military 18 service. The appointee shall give the same bond as is 19 required of a regularly elected regional superintendent of 20 schools. 21 (Source: P.A. 87-654; 87-1251.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.