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Public Act 095-0141
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| HB1872 Enrolled |
LRB095 07345 RAS 27486 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The School Code is amended by changing Section |
9-10 as follows:
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(105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
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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.
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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:
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NOMINATING PETITIONS
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(LEAVE OUT THE INAPPLICABLE PART.)
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To the secretary of the board of education (or board of |
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directors)
of district number .... in .... County:
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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
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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).
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Name: .................. Address: ...................
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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 |
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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.
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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.
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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.
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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 |
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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
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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.
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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
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petition.
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A candidate for membership on the board of education or for |
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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.
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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
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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.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/9-18 rep.)
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Section 5. The School Code is amended by repealing Section |
9-18.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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