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Public Act 102-0691
Public Act 0691 102ND GENERAL ASSEMBLY
|
Public Act 102-0691
| | SB1784 Enrolled | LRB102 16111 CMG 21485 b |
|
| AN ACT concerning education.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Election Code is amended by changing | Section 2A-1.2 as follows:
| (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
| (Text of Section before amendment by P.A. 102-177) | Sec. 2A-1.2. Consolidated schedule of elections; offices | designated.
| (a) At the general election in the appropriate | even-numbered years, the
following offices shall be filled or | shall be on the ballot as otherwise
required by this Code:
| (1) Elector of President and Vice President of the | United States;
| (2) United States Senator and United States | Representative;
| (3) State Executive Branch elected officers;
| (4) State Senator and State Representative;
| (5) County elected officers, including State's | Attorney, County Board
member, County Commissioners, and | elected President of the County Board or
County Chief | Executive;
| (6) Circuit Court Clerk;
|
| (7) Regional Superintendent of Schools, except in | counties or
educational service regions in which that | office has been abolished;
| (8) Judges of the Supreme, Appellate and Circuit | Courts, on the question
of retention, to fill vacancies | and newly created judicial offices;
| (9) (Blank);
| (10) Trustee of the Metropolitan Water Reclamation | District of Greater Chicago, and elected
Trustee of other | Sanitary Districts;
| (11) Special District elected officers, not otherwise | designated in this
Section, where the statute creating or | authorizing the creation of
the district requires an | annual election and permits or requires election
of | candidates of political parties.
| (b) At the general primary election:
| (1) in each even-numbered year candidates of political | parties shall be
nominated for those offices to be filled | at the general election in that
year, except where | pursuant to law nomination of candidates of political
| parties is made by caucus.
| (2) in the appropriate even-numbered years the | political party offices of
State central committeeperson, | township committeeperson, ward committeeperson, and
| precinct committeeperson shall be filled and delegates and | alternate delegates
to the National nominating conventions |
| shall be elected as may be required
pursuant to this Code. | In the even-numbered years in which a Presidential
| election is to be held, candidates in the Presidential | preference primary
shall also be on the ballot.
| (3) in each even-numbered year, where the municipality | has provided for
annual elections to elect municipal | officers pursuant to Section 6(f) or
Section 7 of Article | VII of the Constitution, pursuant to the Illinois
| Municipal Code or pursuant to the municipal charter, the | offices of such
municipal officers shall be filled at an | election held on the date of the
general primary election, | provided that the municipal election shall be a
| nonpartisan election where required by the Illinois | Municipal Code. For
partisan municipal elections in | even-numbered years, a primary to nominate
candidates for | municipal office to be elected at the general primary
| election shall be held on the Tuesday 6 weeks preceding | that election.
| (4) in each school district which has adopted the | provisions of
Article 33 of the School Code, successors to | the members of the board
of education whose terms expire | in the year in which the general primary is
held shall be | elected.
| (c) At the consolidated election in the appropriate | odd-numbered years,
the following offices shall be filled:
| (1) Municipal officers, provided that in |
| municipalities in which
candidates for alderperson or | other municipal office are not permitted by law
to be | candidates of political parties, the runoff election where | required
by law, or the nonpartisan election where | required by law, shall be held on
the date of the | consolidated election; and provided further, in the case | of
municipal officers provided for by an ordinance | providing the form of
government of the municipality | pursuant to Section 7 of Article VII of the
Constitution, | such offices shall be filled by election or by runoff
| election as may be provided by such ordinance;
| (2) Village and incorporated town library directors;
| (3) City boards of stadium commissioners;
| (4) Commissioners of park districts;
| (5) Trustees of public library districts;
| (6) Special District elected officers, not otherwise | designated in this
Section, where the statute creating or | authorizing the creation of the district
permits or | requires election of candidates of political parties;
| (7) Township officers, including township park | commissioners, township
library directors, and boards of | managers of community buildings, and
Multi-Township | Assessors;
| (8) Highway commissioners and road district clerks;
| (9) Members of school boards in school districts which | adopt Article 33
of the School Code;
|
| (10) The directors and chair of the Chain O Lakes - Fox | River Waterway
Management Agency;
| (11) Forest preserve district commissioners elected | under Section 3.5 of
the Downstate Forest Preserve | District Act;
| (12) Elected members of school boards, school | trustees, directors of
boards of school directors, | trustees of county boards of school trustees
(except in | counties or educational service regions having a | population
of 2,000,000 or more inhabitants) and members | of boards of school inspectors,
except school boards in | school
districts that adopt Article 33 of the School Code;
| (13) Members of Community College district boards;
| (14) Trustees of Fire Protection Districts;
| (15) Commissioners of the Springfield Metropolitan | Exposition and
Auditorium
Authority;
| (16) Elected Trustees of Tuberculosis Sanitarium | Districts;
| (17) Elected Officers of special districts not | otherwise designated in
this Section for which the law | governing those districts does not permit
candidates of | political parties.
| (d) At the consolidated primary election in each | odd-numbered year,
candidates of political parties shall be | nominated for those offices to be
filled at the consolidated | election in that year, except where pursuant to
law nomination |
| of candidates of political parties is made by caucus, and
| except those offices listed in paragraphs (12) through (17) of | subsection
(c).
| At the consolidated primary election in the appropriate | odd-numbered years,
the mayor, clerk, treasurer, and | alderpersons shall be elected in
municipalities in which
| candidates for mayor, clerk, treasurer, or alderperson are not | permitted by
law to be candidates
of political parties, | subject to runoff elections to be held at the
consolidated | election as may be required
by law, and municipal officers | shall be nominated in a nonpartisan election
in municipalities | in which pursuant to law candidates for such office are
not | permitted to be candidates of political parties.
| At the consolidated primary election in the appropriate | odd-numbered years,
municipal officers shall be nominated or | elected, or elected subject to
a runoff, as may be provided by | an ordinance providing a form of government
of the | municipality pursuant to Section 7 of Article VII of the | Constitution.
| (e) (Blank).
| (f) At any election established in Section 2A-1.1, public | questions may
be submitted to voters pursuant to this Code and | any special election
otherwise required or authorized by law | or by court order may be conducted
pursuant to this Code.
| Notwithstanding the regular dates for election of officers | established
in this Article, whenever a referendum is held for |
| the establishment of
a political subdivision whose officers | are to be elected, the initial officers
shall be elected at the | election at which such referendum is held if otherwise
so | provided by law. In such cases, the election of the initial | officers
shall be subject to the referendum.
| Notwithstanding the regular dates for election of | officials established
in this Article, any community college | district which becomes effective by
operation of law pursuant | to Section 6-6.1 of the Public Community College
Act, as now or | hereafter amended, shall elect the initial district board
| members at the next regularly scheduled election following the | effective
date of the new district.
| (g) At any election established in Section 2A-1.1, if in | any precinct
there are no offices or public questions required | to be on the ballot under
this Code then no election shall be | held in the precinct on that date.
| (h) There may be conducted a
referendum in accordance with | the provisions of Division 6-4 of the
Counties Code.
| (Source: P.A. 102-15, eff. 6-17-21; 102-558, eff. 8-20-21.)
| (Text of Section after amendment by P.A. 102-177)
| Sec. 2A-1.2. Consolidated schedule of elections; offices | designated.
| (a) At the general election in the appropriate | even-numbered years, the
following offices shall be filled or | shall be on the ballot as otherwise
required by this Code:
|
| (1) Elector of President and Vice President of the | United States.
| (2) United States Senator and United States | Representative.
| (3) State Executive Branch elected officers.
| (4) State Senator and State Representative.
| (5) County elected officers, including State's | Attorney, County Board
member, County Commissioners, and | elected President of the County Board or
County Chief | Executive.
| (6) Circuit Court Clerk.
| (7) Regional Superintendent of Schools, except in | counties or
educational service regions in which that | office has been abolished.
| (8) Judges of the Supreme, Appellate and Circuit | Courts, on the question
of retention, to fill vacancies | and newly created judicial offices.
| (9) (Blank).
| (10) Trustee of the Metropolitan Water Reclamation | District of Greater Chicago, and elected
Trustee of other | Sanitary Districts.
| (11) Special District elected officers, not otherwise | designated in this
Section, where the statute creating or | authorizing the creation of
the district requires an | annual election and permits or requires election
of | candidates of political parties. |
| (12) Beginning with the 2024 general election on | November 5, 2024, the elected members of the Chicago Board | of Education; the election of members of the Chicago Board | of Education shall be a nonpartisan
election as provided | for under this Code and may be conducted on
a separate | ballot.
| (b) At the general primary election:
| (1) in each even-numbered year candidates of political | parties shall be
nominated for those offices to be filled | at the general election in that
year, except where | pursuant to law nomination of candidates of political
| parties is made by caucus.
| (2) in the appropriate even-numbered years the | political party offices of
State central committeeperson, | township committeeperson, ward committeeperson, and
| precinct committeeperson shall be filled and delegates and | alternate delegates
to the National nominating conventions | shall be elected as may be required
pursuant to this Code. | In the even-numbered years in which a Presidential
| election is to be held, candidates in the Presidential | preference primary
shall also be on the ballot.
| (3) in each even-numbered year, where the municipality | has provided for
annual elections to elect municipal | officers pursuant to Section 6(f) or
Section 7 of Article | VII of the Constitution, pursuant to the Illinois
| Municipal Code or pursuant to the municipal charter, the |
| offices of such
municipal officers shall be filled at an | election held on the date of the
general primary election, | provided that the municipal election shall be a
| nonpartisan election where required by the Illinois | Municipal Code. For
partisan municipal elections in | even-numbered years, a primary to nominate
candidates for | municipal office to be elected at the general primary
| election shall be held on the Tuesday 6 weeks preceding | that election.
| (4) in each school district which has adopted the | provisions of
Article 33 of the School Code, successors to | the members of the board
of education whose terms expire | in the year in which the general primary is
held shall be | elected.
| (c) At the consolidated election in the appropriate | odd-numbered years,
the following offices shall be filled:
| (1) Municipal officers, provided that in | municipalities in which
candidates for alderperson or | other municipal office are not permitted by law
to be | candidates of political parties, the runoff election where | required
by law, or the nonpartisan election where | required by law, shall be held on
the date of the | consolidated election; and provided further, in the case | of
municipal officers provided for by an ordinance | providing the form of
government of the municipality | pursuant to Section 7 of Article VII of the
Constitution, |
| such offices shall be filled by election or by runoff
| election as may be provided by such ordinance;
| (2) Village and incorporated town library directors;
| (3) City boards of stadium commissioners;
| (4) Commissioners of park districts;
| (5) Trustees of public library districts;
| (6) Special District elected officers, not otherwise | designated in this
Section, where the statute creating or | authorizing the creation of the district
permits or | requires election of candidates of political parties;
| (7) Township officers, including township park | commissioners, township
library directors, and boards of | managers of community buildings, and
Multi-Township | Assessors;
| (8) Highway commissioners and road district clerks;
| (9) Members of school boards in school districts which | adopt Article 33
of the School Code;
| (10) The directors and chair of the Chain O Lakes - Fox | River Waterway
Management Agency;
| (11) Forest preserve district commissioners elected | under Section 3.5 of
the Downstate Forest Preserve | District Act;
| (12) Elected members of school boards, school | trustees, directors of
boards of school directors, | trustees of county boards of school trustees
(except in | counties or educational service regions having a |
| population
of 2,000,000 or more inhabitants) and members | of boards of school inspectors,
except school boards in | school
districts that adopt Article 33 of the School Code;
| (13) Members of Community College district boards;
| (14) Trustees of Fire Protection Districts;
| (15) Commissioners of the Springfield Metropolitan | Exposition and
Auditorium
Authority;
| (16) Elected Trustees of Tuberculosis Sanitarium | Districts;
| (17) Elected Officers of special districts not | otherwise designated in
this Section for which the law | governing those districts does not permit
candidates of | political parties.
| (d) At the consolidated primary election in each | odd-numbered year,
candidates of political parties shall be | nominated for those offices to be
filled at the consolidated | election in that year, except where pursuant to
law nomination | of candidates of political parties is made by caucus, and
| except those offices listed in paragraphs (12) through (17) of | subsection
(c).
| At the consolidated primary election in the appropriate | odd-numbered years,
the mayor, clerk, treasurer, and | alderpersons shall be elected in
municipalities in which
| candidates for mayor, clerk, treasurer, or alderperson are not | permitted by
law to be candidates
of political parties, | subject to runoff elections to be held at the
consolidated |
| election as may be required
by law, and municipal officers | shall be nominated in a nonpartisan election
in municipalities | in which pursuant to law candidates for such office are
not | permitted to be candidates of political parties.
| At the consolidated primary election in the appropriate | odd-numbered years,
municipal officers shall be nominated or | elected, or elected subject to
a runoff, as may be provided by | an ordinance providing a form of government
of the | municipality pursuant to Section 7 of Article VII of the | Constitution.
| (e) (Blank).
| (f) At any election established in Section 2A-1.1, public | questions may
be submitted to voters pursuant to this Code and | any special election
otherwise required or authorized by law | or by court order may be conducted
pursuant to this Code.
| Notwithstanding the regular dates for election of officers | established
in this Article, whenever a referendum is held for | the establishment of
a political subdivision whose officers | are to be elected, the initial officers
shall be elected at the | election at which such referendum is held if otherwise
so | provided by law. In such cases, the election of the initial | officers
shall be subject to the referendum.
| Notwithstanding the regular dates for election of | officials established
in this Article, any community college | district which becomes effective by
operation of law pursuant | to Section 6-6.1 of the Public Community College
Act, as now or |
| hereafter amended, shall elect the initial district board
| members at the next regularly scheduled election following the | effective
date of the new district.
| (g) At any election established in Section 2A-1.1, if in | any precinct
there are no offices or public questions required | to be on the ballot under
this Code then no election shall be | held in the precinct on that date.
| (h) There may be conducted a
referendum in accordance with | the provisions of Division 6-4 of the
Counties Code.
| (Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22; | 102-558, eff. 8-20-21; revised 9-21-21.)
| Section 10. The School Code is amended by changing | Sections 34-3, 34-4, and 34-4.1 and by renumbering and | changing Sections 34-18.67 and 34-21.9, as added by Public Act | 102-177, as follows:
| (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
| (Text of Section before amendment by P.A. 102-177)
| Sec. 34-3. Chicago School Reform Board of Trustees; new | Chicago Board of
Education; members; term; vacancies.
| (a) Within 30 days after the effective date of this | amendatory Act of
1995, the terms of all members of the Chicago | Board of Education
holding office on that date are abolished | and the Mayor shall appoint,
without the consent or approval | of the City Council, a 5 member
Chicago School Reform Board of |
| Trustees which shall take office upon the
appointment of the | fifth member. The Chicago School
Reform Board of Trustees and | its members
shall serve until, and the terms of all members of | the Chicago School
Reform Board of Trustees shall expire on, | June 30, 1999 or upon the
appointment of a new Chicago Board of | Education as provided
in subsection (b), whichever is later. | Any vacancy in the membership of
the Trustees shall be filled | through appointment by the Mayor,
without the consent or | approval of the City Council, for the unexpired term.
One of | the members appointed by the Mayor to the Trustees shall
be | designated by the Mayor to serve as President of the Trustees. | The
Mayor shall appoint a full-time, compensated
chief | executive officer, and his or her compensation as such chief | executive
officer shall be determined by the Mayor. The Mayor, | at his or her discretion,
may appoint the President to serve | simultaneously as the chief executive
officer.
| (b) Within 30 days before the expiration of the terms of | the members of
the Chicago Reform Board of Trustees as | provided in subsection (a), a new
Chicago Board of Education | consisting of 7 members shall be appointed by the
Mayor to take | office on the later of July 1, 1999 or the appointment of the
| seventh member. Three of the members initially so appointed | under this
subsection shall serve for terms ending June 30, | 2002, 4 of the members
initially so appointed under this | subsection shall serve for terms ending
June 30, 2003, and | each member initially so appointed shall continue to hold
|
| office until his or her successor is appointed and qualified. | Thereafter at
the expiration of the term of any member a | successor
shall be appointed by the Mayor and shall hold | office for a term of 4 years,
from July 1 of the year in which | the term commences and until a successor
is appointed and | qualified. Any vacancy in the membership of the Chicago Board
| of Education shall be filled through appointment by the Mayor | for the
unexpired term. No appointment to membership on the
| Chicago Board of Education that is made by the Mayor under
this | subsection shall require the approval of the City
Council, | whether the appointment is made for a full term or to fill a | vacancy
for an unexpired term on the Board. The board shall | elect annually from its
number a president and vice-president, | in such
manner and at such
time as the board determines by its | rules. The officers so elected shall each
perform the duties | imposed upon their respective office by the rules of the
| board, provided that (i) the president shall preside at | meetings of the board
and vote as any other member but have no | power of veto, and (ii) the vice
president shall perform the | duties of the president if that office is vacant or
the | president is absent or unable to act.
The secretary of the | Board shall be selected by the Board and shall be an
employee | of the Board rather than a member of the Board, | notwithstanding
subsection (d) of Section 34-3.3. The duties | of the secretary shall be
imposed by the rules of the Board.
| (c) The board may appoint a student to the board to serve |
| in an advisory capacity. The student member shall serve for a | term as determined by the board. The board may not grant the | student member any voting privileges, but shall consider the | student member as an advisor. The student member may not | participate in or attend any executive session of the board.
| (Source: P.A. 94-231, eff. 7-14-05.)
| (Text of Section after amendment by P.A. 102-177)
| Sec. 34-3. Chicago School Reform Board of Trustees; new | Chicago Board of
Education; members; term; vacancies.
| (a) Within 30 days after the effective date of this | amendatory Act of
1995, the terms of all members of the Chicago | Board of Education
holding office on that date are abolished | and the Mayor shall appoint,
without the consent or approval | of the City Council, a 5 member
Chicago School Reform Board of | Trustees which shall take office upon the
appointment of the | fifth member. The Chicago School
Reform Board of Trustees and | its members
shall serve until, and the terms of all members of | the Chicago School
Reform Board of Trustees shall expire on, | June 30, 1999 or upon the
appointment of a new Chicago Board of | Education as provided
in subsection (b), whichever is later. | Any vacancy in the membership of
the Trustees shall be filled | through appointment by the Mayor,
without the consent or | approval of the City Council, for the unexpired term.
One of | the members appointed by the Mayor to the Trustees shall
be | designated by the Mayor to serve as President of the Trustees. |
| The
Mayor shall appoint a full-time, compensated
chief | executive officer, and his or her compensation as such chief | executive
officer shall be determined by the Mayor. The Mayor, | at his or her discretion,
may appoint the President to serve | simultaneously as the chief executive
officer.
| (b) This subsection applies until January 15, 2025. Within | 30 days before the expiration of the terms of the members of
| the Chicago Reform Board of Trustees as provided in subsection | (a), a new
Chicago Board of Education consisting of 7 members | shall be appointed by the
Mayor to take office on the later of | July 1, 1999 or the appointment of the
seventh member. Three of | the members initially so appointed under this
subsection shall | serve for terms ending June 30, 2002, 4 of the members
| initially so appointed under this subsection shall serve for | terms ending
June 30, 2003, and each member initially so | appointed shall continue to hold
office until his or her | successor is appointed and qualified. | (b-5) On January 15, 2025, the terms of all members of the
| Chicago Board of Education appointed under subsection (b) are
| abolished when the new board, consisting of 21 members, is | appointed by the Mayor and elected by the electors of the | school district as provided under subsections (b-10) and | (b-15) and takes office. | (b-10) By December 16, 2024 for a term of office beginning | on January 15, 2025, the Mayor shall appoint 10 Chicago Board | of Education members, with the advice and consent of the City |
| Council, to serve terms of 2 years. All appointed members | shall serve until a successor is appointed or elected and | qualified. Thereafter at
the expiration of the term of any | member a successor
shall be elected and shall hold office for a | term of 4 years,
from January 15 of the year in which the term | commences and until a successor
is appointed or elected and | qualified. Any vacancy in the appointed membership of the | Chicago Board
of Education shall be filled through appointment | by the Mayor, with the consent of the Board, for the
unexpired | term. The terms of the 10 appointed members under this | subsection shall end on January 14, 2027.
By December 16, 2024 | for a term of office beginning
on January 15, 2025, the Mayor | shall appoint a President of the Board, with the advice and | consent of the City Council, for a term of 2 years. The board | shall elect annually from its
number a vice-president, in such
| manner and at such
time as the board determines by its rules. | The president appointed by the Mayor elected by the voters and | vice-president elected by the board shall each
perform the | duties imposed upon their respective office by the rules of | the
board, provided that (i) the president shall preside at | meetings of the board
and shall only
have voting rights to | break a voting tie of the other Chicago
Board of Education | elected and appointed members and (ii) the vice
president | shall perform the duties of the president if that office is | vacant or
the president is absent or unable to act. Beginning | with the 2026 general election, one member shall be elected at |
| large and serve as the president of the board.
After January | 15, 2027, the president shall preside at meetings of the board | and vote as any other member but have no power of veto.
The | secretary of the Board shall be selected by the Board and shall | be an
employee of the Board rather than a member of the Board, | notwithstanding
subsection (d) of Section 34-3.3. The duties | of the secretary shall be
imposed by the rules of the Board.
| (b-15) Beginning with the 2024 general election, 10 | members of the Chicago Board of Education shall be elected to | serve a term of 4 years in office beginning on January 15, | 2025. Beginning with the 2026 general election, 10 members of | the Chicago Board of Education shall be elected to serve a term | of 4 years in office beginning on January 15, 2027. Whenever a | vacancy of a Chicago Board of Education elected board member | occurs, the President of the Board shall notify the Mayor of | the vacancy within 7 days after its occurrence and shall, | within 30 days, fill the vacancy for the remainder of the | unexpired term by majority vote of the remaining board | members. The successor shall have the same qualifications as | his or her predecessor. | For purposes of elections conducted under this subsection, | the City of Chicago shall be subdivided into electoral | districts as provided under subsection (a) of Section 34-21.10 | 34-21.9. From January 15, 2025 to January 14, 2027, each | district shall be represented by one elected member and one | appointed member. After January 15, 2027, each district shall |
| be represented by one elected member. | (b-30) No member shall have, or be an employee or owner of | a company that has, a contract with the school district. No | former officer, member, or employee of the board shall, within | a period of one year immediately after termination of service | on the board, knowingly accept employment or receive | compensation or fees for services from a person or entity if | the officer, member, or employee, during the year immediately | preceding termination of service on the board, participated | personally and substantially in the award of contracts with | the board or the school district, or the issuance of contract | change orders with the board or the school district, with a | cumulative value of $25,000 or more to the person or entity, or | its parent or subsidiary. | (c) The board may appoint a student to the board to serve | in an advisory capacity. The student member shall serve for a | term as determined by the board. The board may not grant the | student member any voting privileges, but shall consider the | student member as an advisor. The student member may not | participate in or attend any executive session of the board.
| (Source: P.A. 102-177, eff. 6-1-22; revised 10-20-21.)
| (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
| (Text of Section before amendment by P.A. 102-177)
| Sec. 34-4. Eligibility. To be eligible for appointment to | the board, a
person shall be a citizen of the United States, |
| shall be a registered voter
as provided in the Election Code, | shall have been a resident of the city for at
least 3 years | immediately
preceding his or her appointment, and shall not be | a child sex offender
as defined in Section 11-9.3 of the
| Criminal Code of 2012. Permanent removal from the city by any | member of
the board during his term of office constitutes a | resignation therefrom and
creates a vacancy in the board. | Except for the President of the Chicago
School Reform Board of | Trustees who may be paid compensation for his or her
services | as chief executive officer as determined by the Mayor as | provided in
subsection (a) of Section 34-3, board members | shall serve without any
compensation; provided, that board | members shall be reimbursed for expenses
incurred while in the | performance of their duties upon submission of proper
receipts | or upon submission of a signed voucher in the case of an | expense
allowance evidencing the amount of such reimbursement | or allowance to the
president of the board for verification | and approval. The board of
education may continue to provide | health care insurance coverage, employer
pension | contributions, employee pension contributions, and life | insurance
premium payments for an employee required to resign | from
an administrative, teaching, or career service position | in order to qualify
as a member of the board of education. They | shall not hold other public
office under the Federal, State or | any local government other than that of
Director of the | Regional Transportation Authority, member of the economic
|
| development commission of a city having a population exceeding | 500,000,
notary public or member of the National Guard, and by | accepting any such
office while members of the board, or by not | resigning any such office held
at the time of being appointed | to the board within 30 days after such
appointment, shall be | deemed to have vacated their membership in the board.
| (Source: P.A. 97-1150, eff. 1-25-13.)
| (Text of Section after amendment by P.A. 102-177)
| Sec. 34-4. Eligibility. To be eligible for election or | appointment to the board, a
person shall be a citizen of the | United States, shall be a registered voter
as provided in the | Election Code, shall have been a resident of the city and, if | applicable, the electoral district, for at
least one year | immediately
preceding his or her election or appointment, and | shall not be a child sex offender
as defined in Section 11-9.3 | of the
Criminal Code of 2012. A person is ineligible for | election or appointment to the board if that person is an | employee of the school district. All persons eligible for | election to the board shall be nominated by a petition signed | by no less than 250 voters residing within the electoral | district on a petition in order to be placed on the ballot, | except that persons eligible for election to the board at | large shall be nominated by a petition signed by no less than | 2,500 voters residing within the city. Permanent removal from | the city by any member of
the board during his term of office |
| constitutes a resignation therefrom and
creates a vacancy in | the board. Board members shall serve without any
compensation; | however, board members shall be reimbursed for expenses
| incurred while in the performance of their duties upon | submission of proper
receipts or upon submission of a signed | voucher in the case of an expense
allowance evidencing the | amount of such reimbursement or allowance to the
president of | the board for verification and approval. Board members shall | not hold other public
office under the Federal, State or any | local government other than that of
Director of the Regional | Transportation Authority, member of the economic
development | commission of a city having a population exceeding 500,000,
| notary public or member of the National Guard, and by | accepting any such
office while members of the board, or by not | resigning any such office held
at the time of being elected or | appointed to the board within 30 days after such election or
| appointment, shall be deemed to have vacated their membership | in the board.
| (Source: P.A. 102-177, eff. 6-1-22.)
| (105 ILCS 5/34-4.1) | (This Section may contain text from a Public Act with a | delayed effective date) | Sec. 34-4.1. Nomination petitions. In addition to the | requirements of the general election law, the form of | petitions under Section 34-4 of this Code shall be |
| substantially as follows: | NOMINATING PETITIONS | (LEAVE OUT THE INAPPLICABLE PART.) | To the Board of Election Commissioners for the City of | Chicago: | We the undersigned, being (.... or more) of the voters | residing within said district, hereby petition that .... who | resides at .... in the City of Chicago shall be a candidate for | the office of .... of the board of education (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. | All petitions for the nomination of members of a board of | education shall be filed with the board of election | commissioners of the jurisdiction in which the principal | office of the school district is located within the time | provided for by the general election law, except that | petitions for the nomination of members of the board of | education for the 2024 general primary March 15, 2022 election | shall be prepared and certified on the same schedule as the | petition schedule for the candidates for the General Assembly. | The board of election commissioners shall receive and file | only those petitions that 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 board of | election commissioners 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. The board of election | commissioners shall make certification to the proper election | authorities in accordance with the general election law. | The board of election commissioners of the jurisdiction in | which the principal office of the school district is located | 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 board of | election commissioners shall within 7 days of filing or on the | last day for filing, whichever is earlier, acknowledge to the | petitioner in writing the office's acceptance of the petition. | A candidate for membership on the board of education 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. | Nomination petitions are not valid unless the candidate |
| named therein files with the board of election commissioners 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 | or her nomination papers were filed or within the period for | the filing of nomination papers in accordance with the general | election law.
| (Source: P.A. 102-177, eff. 6-1-22.)
| (105 ILCS 5/34-18.70)
| (This Section may contain text from a Public Act with a | delayed effective date) | Sec. 34-18.70 34-18.67. Independent financial review | Financial Review. The Chicago Board of Education shall | commission an independent review and report of the district's | finances and entanglements with the City of Chicago. No later | than October 31, 2022 June 30, 2025, the report shall be | provided to the Governor, the Illinois State Board of | Education, the Illinois General Assembly, the Mayor of the | City of Chicago, and the Chicago Board of Education. No later | than July 1, 2023, the The Illinois State Board of Education | shall review the independent review and report and make | recommendations to the legislature on the Chicago Board of | Education's ability to operate with the financial resources | available to it as an independent unit of local government.
|
| (Source: P.A. 102-177, eff. 6-1-22; revised 10-19-21.)
| (105 ILCS 5/34-21.10)
| (This Section may contain text from a Public Act with a | delayed effective date) | Sec. 34-21.10 34-21.9. Creation of electoral districts; | reapportionment of districts. | (a) For purposes of elections conducted pursuant to | subsection (b-5) of Section 34-3, the City of Chicago shall be | subdivided into 10 electoral districts for the 2024 elections | and into 20 electoral districts for the 2026 elections after | the effective date of this amendatory Act of the 102nd General | Assembly by the General Assembly for seats on the Chicago | Board of Education. The electoral districts must be drawn on | or before July 1, 2023 February 1, 2022. Each district must be | compact, contiguous, and substantially equal in population and | consistent with the Illinois Voting Rights Act. | (b) In the year following each decennial census, the | General Assembly shall redistrict the electoral districts to | reflect the results of the decennial census consistent with | the requirements in subsection (a). The reapportionment plan | shall be completed and formally approved by the General | Assembly not less than 90 days before the last date | established by law for the filing of nominating petitions for | the second school board election after the decennial census | year. If by reapportionment a board member no longer resides |
| within the electoral district from which the member was | elected, the member shall continue to serve in office until | the expiration of the member's regular term. All new members | shall be elected from the electoral districts as | reapportioned.
| (Source: P.A. 102-177, eff. 6-1-22; revised 10-20-21.)
| Section 15. "An Act concerning elections", approved July | 29, 2021, Public Act 102-177, is amended by adding Section 99 | as follows:
| (P.A. 102-177, Sec. 99 new) | Sec. 99. Effective date. This Section and the provisions | changing Section 34-18.69 of the School Code take effect upon | becoming law.
| Section 95. No acceleration or delay. Where this Act makes | changes in a statute that is represented in this Act by text | that is not yet or no longer in effect (for example, a Section | represented by multiple versions), the use of that text does | not accelerate or delay the taking effect of (i) the changes | made by this Act or (ii) provisions derived from any other | Public Act.
| Section 99. Effective date. This Act takes effect on June | 1, 2022, except that this Section and Section 15 take effect | upon becoming law. |
Effective Date: 6/1/2022
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