Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1758 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1758 Introduced 2/9/2023, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2 10 ILCS 5/2A-56 new 10 ILCS 5/10-6 from Ch. 46, par. 10-6 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/22-1 from Ch. 46, par. 22-1 10 ILCS 5/22-7 from Ch. 46, par. 22-7 105 ILCS 5/1A-1 from Ch. 122, par. 1A-1 105 ILCS 5/1A-2 from Ch. 122, par. 1A-2 105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 Amends the Election Code and the School Code. Provides for 5 new members of the State Board of Education to be elected at the general election in 2024 and every 4 years thereafter (now, the Board consists of 8 members appointed by the Governor with the advice and consent of the Senate). Provides that one member shall be elected from each judicial district. Provides that the 5 members shall be elected on a nonpartisan basis. Provides that a petition for nomination of a candidate for member of the Board shall be signed by at least 0.5% of the total number of registered voters in the judicial district. Provides that beginning on the date when the 5 members initially elected take office, a majority of the Board shall constitute a quorum. Makes related changes. LRB103 30565 BMS 56999 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1758 Introduced 2/9/2023, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2 10 ILCS 5/2A-56 new 10 ILCS 5/10-6 from Ch. 46, par. 10-6 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/22-1 from Ch. 46, par. 22-1 10 ILCS 5/22-7 from Ch. 46, par. 22-7 105 ILCS 5/1A-1 from Ch. 122, par. 1A-1 105 ILCS 5/1A-2 from Ch. 122, par. 1A-2 105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2 10 ILCS 5/2A-56 new 10 ILCS 5/10-6 from Ch. 46, par. 10-6 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/22-1 from Ch. 46, par. 22-1 10 ILCS 5/22-7 from Ch. 46, par. 22-7 105 ILCS 5/1A-1 from Ch. 122, par. 1A-1 105 ILCS 5/1A-2 from Ch. 122, par. 1A-2 105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 Amends the Election Code and the School Code. Provides for 5 new members of the State Board of Education to be elected at the general election in 2024 and every 4 years thereafter (now, the Board consists of 8 members appointed by the Governor with the advice and consent of the Senate). Provides that one member shall be elected from each judicial district. Provides that the 5 members shall be elected on a nonpartisan basis. Provides that a petition for nomination of a candidate for member of the Board shall be signed by at least 0.5% of the total number of registered voters in the judicial district. Provides that beginning on the date when the 5 members initially elected take office, a majority of the Board shall constitute a quorum. Makes related changes. LRB103 30565 BMS 56999 b LRB103 30565 BMS 56999 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1758 Introduced 2/9/2023, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2 10 ILCS 5/2A-56 new 10 ILCS 5/10-6 from Ch. 46, par. 10-6 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/22-1 from Ch. 46, par. 22-1 10 ILCS 5/22-7 from Ch. 46, par. 22-7 105 ILCS 5/1A-1 from Ch. 122, par. 1A-1 105 ILCS 5/1A-2 from Ch. 122, par. 1A-2 105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2 10 ILCS 5/2A-56 new 10 ILCS 5/10-6 from Ch. 46, par. 10-6 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/22-1 from Ch. 46, par. 22-1 10 ILCS 5/22-7 from Ch. 46, par. 22-7 105 ILCS 5/1A-1 from Ch. 122, par. 1A-1 105 ILCS 5/1A-2 from Ch. 122, par. 1A-2 105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
4	4	10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
5	5	10 ILCS 5/2A-56 new
6	6	10 ILCS 5/10-6 from Ch. 46, par. 10-6
7	7	10 ILCS 5/10-9 from Ch. 46, par. 10-9
8	8	10 ILCS 5/22-1 from Ch. 46, par. 22-1
9	9	10 ILCS 5/22-7 from Ch. 46, par. 22-7
10	10	105 ILCS 5/1A-1 from Ch. 122, par. 1A-1
11	11	105 ILCS 5/1A-2 from Ch. 122, par. 1A-2
12	12	105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1
13	13	105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
14	14	Amends the Election Code and the School Code. Provides for 5 new members of the State Board of Education to be elected at the general election in 2024 and every 4 years thereafter (now, the Board consists of 8 members appointed by the Governor with the advice and consent of the Senate). Provides that one member shall be elected from each judicial district. Provides that the 5 members shall be elected on a nonpartisan basis. Provides that a petition for nomination of a candidate for member of the Board shall be signed by at least 0.5% of the total number of registered voters in the judicial district. Provides that beginning on the date when the 5 members initially elected take office, a majority of the Board shall constitute a quorum. Makes related changes.
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17	17	A BILL FOR
18	18	SB1758LRB103 30565 BMS 56999 b SB1758 LRB103 30565 BMS 56999 b
19	19	SB1758 LRB103 30565 BMS 56999 b
20	20	1 AN ACT concerning education.
21	21	2 Be it enacted by the People of the State of Illinois,
22	22	3 represented in the General Assembly:
23	23	4 Section 5. The Election Code is amended by changing
24	24	5 Sections 2A-1.2, 10-6, 10-9, 22-1, and 22-7 and by adding
25	25	6 Section 2A-56 as follows:
26	26	7 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
27	27	8 Sec. 2A-1.2. Consolidated schedule of elections; offices
28	28	9 designated.
29	29	10 (a) At the general election in the appropriate
30	30	11 even-numbered years, the following offices shall be filled or
31	31	12 shall be on the ballot as otherwise required by this Code:
32	32	13 (1) Elector of President and Vice President of the
33	33	14 United States.
34	34	15 (2) United States Senator and United States
35	35	16 Representative.
36	36	17 (3) State Executive Branch elected officers.
37	37	18 (4) State Senator and State Representative.
38	38	19 (5) County elected officers, including State's
39	39	20 Attorney, County Board member, County Commissioners, and
40	40	21 elected President of the County Board or County Chief
41	41	22 Executive.
42	42	23 (6) Circuit Court Clerk.
43	43
44	44
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46	46	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1758 Introduced 2/9/2023, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
47	47	10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2 10 ILCS 5/2A-56 new 10 ILCS 5/10-6 from Ch. 46, par. 10-6 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/22-1 from Ch. 46, par. 22-1 10 ILCS 5/22-7 from Ch. 46, par. 22-7 105 ILCS 5/1A-1 from Ch. 122, par. 1A-1 105 ILCS 5/1A-2 from Ch. 122, par. 1A-2 105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4 10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2 10 ILCS 5/2A-56 new 10 ILCS 5/10-6 from Ch. 46, par. 10-6 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/22-1 from Ch. 46, par. 22-1 10 ILCS 5/22-7 from Ch. 46, par. 22-7 105 ILCS 5/1A-1 from Ch. 122, par. 1A-1 105 ILCS 5/1A-2 from Ch. 122, par. 1A-2 105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1 105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
48	48	10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
49	49	10 ILCS 5/2A-56 new
50	50	10 ILCS 5/10-6 from Ch. 46, par. 10-6
51	51	10 ILCS 5/10-9 from Ch. 46, par. 10-9
52	52	10 ILCS 5/22-1 from Ch. 46, par. 22-1
53	53	10 ILCS 5/22-7 from Ch. 46, par. 22-7
54	54	105 ILCS 5/1A-1 from Ch. 122, par. 1A-1
55	55	105 ILCS 5/1A-2 from Ch. 122, par. 1A-2
56	56	105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1
57	57	105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
58	58	Amends the Election Code and the School Code. Provides for 5 new members of the State Board of Education to be elected at the general election in 2024 and every 4 years thereafter (now, the Board consists of 8 members appointed by the Governor with the advice and consent of the Senate). Provides that one member shall be elected from each judicial district. Provides that the 5 members shall be elected on a nonpartisan basis. Provides that a petition for nomination of a candidate for member of the Board shall be signed by at least 0.5% of the total number of registered voters in the judicial district. Provides that beginning on the date when the 5 members initially elected take office, a majority of the Board shall constitute a quorum. Makes related changes.
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60	60	LRB103 30565 BMS 56999 b
61	61	A BILL FOR
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67	67	10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
68	68	10 ILCS 5/2A-56 new
69	69	10 ILCS 5/10-6 from Ch. 46, par. 10-6
70	70	10 ILCS 5/10-9 from Ch. 46, par. 10-9
71	71	10 ILCS 5/22-1 from Ch. 46, par. 22-1
72	72	10 ILCS 5/22-7 from Ch. 46, par. 22-7
73	73	105 ILCS 5/1A-1 from Ch. 122, par. 1A-1
74	74	105 ILCS 5/1A-2 from Ch. 122, par. 1A-2
75	75	105 ILCS 5/1A-2.1 from Ch. 122, par. 1A-2.1
76	76	105 ILCS 5/1A-4 from Ch. 122, par. 1A-4
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95	95	1 (7) Regional Superintendent of Schools, except in
96	96	2 counties or educational service regions in which that
97	97	3 office has been abolished.
98	98	4 (8) Judges of the Supreme, Appellate and Circuit
99	99	5 Courts, on the question of retention, to fill vacancies
100	100	6 and newly created judicial offices.
101	101	7 (9) (Blank).
102	102	8 (10) Trustee of the Metropolitan Water Reclamation
103	103	9 District of Greater Chicago, and elected Trustee of other
104	104	10 Sanitary Districts.
105	105	11 (11) Special District elected officers, not otherwise
106	106	12 designated in this Section, where the statute creating or
107	107	13 authorizing the creation of the district requires an
108	108	14 annual election and permits or requires election of
109	109	15 candidates of political parties.
110	110	16 (12) Beginning with the 2024 general election, the
111	111	17 elected members of the Chicago Board of Education; the
112	112	18 election of members of the Chicago Board of Education
113	113	19 shall be a nonpartisan election as provided for under this
114	114	20 Code and may be conducted on a separate ballot.
115	115	21 (13) Beginning on November 5, 2024, 5 members of the
116	116	22 State Board of Education.
117	117	23 (b) At the general primary election:
118	118	24 (1) in each even-numbered year candidates of political
119	119	25 parties shall be nominated for those offices to be filled
120	120	26 at the general election in that year, except where
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131	131	1 pursuant to law nomination of candidates of political
132	132	2 parties is made by caucus.
133	133	3 (2) in the appropriate even-numbered years the
134	134	4 political party offices of State central committeeperson,
135	135	5 township committeeperson, ward committeeperson, and
136	136	6 precinct committeeperson shall be filled and delegates and
137	137	7 alternate delegates to the National nominating conventions
138	138	8 shall be elected as may be required pursuant to this Code.
139	139	9 In the even-numbered years in which a Presidential
140	140	10 election is to be held, candidates in the Presidential
141	141	11 preference primary shall also be on the ballot.
142	142	12 (3) in each even-numbered year, where the municipality
143	143	13 has provided for annual elections to elect municipal
144	144	14 officers pursuant to Section 6(f) or Section 7 of Article
145	145	15 VII of the Constitution, pursuant to the Illinois
146	146	16 Municipal Code or pursuant to the municipal charter, the
147	147	17 offices of such municipal officers shall be filled at an
148	148	18 election held on the date of the general primary election,
149	149	19 provided that the municipal election shall be a
150	150	20 nonpartisan election where required by the Illinois
151	151	21 Municipal Code. For partisan municipal elections in
152	152	22 even-numbered years, a primary to nominate candidates for
153	153	23 municipal office to be elected at the general primary
154	154	24 election shall be held on the Tuesday 6 weeks preceding
155	155	25 that election.
156	156	26 (4) in each school district which has adopted the
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167	167	1 provisions of Article 33 of the School Code, successors to
168	168	2 the members of the board of education whose terms expire
169	169	3 in the year in which the general primary is held shall be
170	170	4 elected.
171	171	5 (c) At the consolidated election in the appropriate
172	172	6 odd-numbered years, the following offices shall be filled:
173	173	7 (1) Municipal officers, provided that in
174	174	8 municipalities in which candidates for alderperson or
175	175	9 other municipal office are not permitted by law to be
176	176	10 candidates of political parties, the runoff election where
177	177	11 required by law, or the nonpartisan election where
178	178	12 required by law, shall be held on the date of the
179	179	13 consolidated election; and provided further, in the case
180	180	14 of municipal officers provided for by an ordinance
181	181	15 providing the form of government of the municipality
182	182	16 pursuant to Section 7 of Article VII of the Constitution,
183	183	17 such offices shall be filled by election or by runoff
184	184	18 election as may be provided by such ordinance;
185	185	19 (2) Village and incorporated town library directors;
186	186	20 (3) City boards of stadium commissioners;
187	187	21 (4) Commissioners of park districts;
188	188	22 (5) Trustees of public library districts;
189	189	23 (6) Special District elected officers, not otherwise
190	190	24 designated in this Section, where the statute creating or
191	191	25 authorizing the creation of the district permits or
192	192	26 requires election of candidates of political parties;
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203	203	1 (7) Township officers, including township park
204	204	2 commissioners, township library directors, and boards of
205	205	3 managers of community buildings, and Multi-Township
206	206	4 Assessors;
207	207	5 (8) Highway commissioners and road district clerks;
208	208	6 (9) Members of school boards in school districts which
209	209	7 adopt Article 33 of the School Code;
210	210	8 (10) The directors and chair of the Chain O Lakes - Fox
211	211	9 River Waterway Management Agency;
212	212	10 (11) Forest preserve district commissioners elected
213	213	11 under Section 3.5 of the Downstate Forest Preserve
214	214	12 District Act;
215	215	13 (12) Elected members of school boards, school
216	216	14 trustees, directors of boards of school directors,
217	217	15 trustees of county boards of school trustees (except in
218	218	16 counties or educational service regions having a
219	219	17 population of 2,000,000 or more inhabitants) and members
220	220	18 of boards of school inspectors, except school boards in
221	221	19 school districts that adopt Article 33 of the School Code;
222	222	20 (13) Members of Community College district boards;
223	223	21 (14) Trustees of Fire Protection Districts;
224	224	22 (15) Commissioners of the Springfield Metropolitan
225	225	23 Exposition and Auditorium Authority;
226	226	24 (16) Elected Trustees of Tuberculosis Sanitarium
227	227	25 Districts;
228	228	26 (17) Elected Officers of special districts not
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239	239	1 otherwise designated in this Section for which the law
240	240	2 governing those districts does not permit candidates of
241	241	3 political parties.
242	242	4 (d) At the consolidated primary election in each
243	243	5 odd-numbered year, candidates of political parties shall be
244	244	6 nominated for those offices to be filled at the consolidated
245	245	7 election in that year, except where pursuant to law nomination
246	246	8 of candidates of political parties is made by caucus, and
247	247	9 except those offices listed in paragraphs (12) through (17) of
248	248	10 subsection (c).
249	249	11 At the consolidated primary election in the appropriate
250	250	12 odd-numbered years, the mayor, clerk, treasurer, and
251	251	13 alderpersons shall be elected in municipalities in which
252	252	14 candidates for mayor, clerk, treasurer, or alderperson are not
253	253	15 permitted by law to be candidates of political parties,
254	254	16 subject to runoff elections to be held at the consolidated
255	255	17 election as may be required by law, and municipal officers
256	256	18 shall be nominated in a nonpartisan election in municipalities
257	257	19 in which pursuant to law candidates for such office are not
258	258	20 permitted to be candidates of political parties.
259	259	21 At the consolidated primary election in the appropriate
260	260	22 odd-numbered years, municipal officers shall be nominated or
261	261	23 elected, or elected subject to a runoff, as may be provided by
262	262	24 an ordinance providing a form of government of the
263	263	25 municipality pursuant to Section 7 of Article VII of the
264	264	26 Constitution.
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275	275	1 (e) (Blank).
276	276	2 (f) At any election established in Section 2A-1.1, public
277	277	3 questions may be submitted to voters pursuant to this Code and
278	278	4 any special election otherwise required or authorized by law
279	279	5 or by court order may be conducted pursuant to this Code.
280	280	6 Notwithstanding the regular dates for election of officers
281	281	7 established in this Article, whenever a referendum is held for
282	282	8 the establishment of a political subdivision whose officers
283	283	9 are to be elected, the initial officers shall be elected at the
284	284	10 election at which such referendum is held if otherwise so
285	285	11 provided by law. In such cases, the election of the initial
286	286	12 officers shall be subject to the referendum.
287	287	13 Notwithstanding the regular dates for election of
288	288	14 officials established in this Article, any community college
289	289	15 district which becomes effective by operation of law pursuant
290	290	16 to Section 6-6.1 of the Public Community College Act, as now or
291	291	17 hereafter amended, shall elect the initial district board
292	292	18 members at the next regularly scheduled election following the
293	293	19 effective date of the new district.
294	294	20 (g) At any election established in Section 2A-1.1, if in
295	295	21 any precinct there are no offices or public questions required
296	296	22 to be on the ballot under this Code then no election shall be
297	297	23 held in the precinct on that date.
298	298	24 (h) There may be conducted a referendum in accordance with
299	299	25 the provisions of Division 6-4 of the Counties Code.
300	300	26 (Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22;
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311	311	1 102-558, eff. 8-20-21; 102-691, eff. 12-17-21.)
312	312	2 (10 ILCS 5/2A-56 new)
313	313	3 Sec. 2A-56. State Board of Education; time of election.
314	314	4 Five members of the State Board of Education shall be elected
315	315	5 at the general election in 2024 and at the general election
316	316	6 every 4 years thereafter.
317	317	7 (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
318	318	8 Sec. 10-6. Time and manner of filing. Except as otherwise
319	319	9 provided in this Code, certificates of nomination and
320	320	10 nomination papers for the nomination of candidates for offices
321	321	11 to be filled by electors of the entire State, or any district
322	322	12 not entirely within a county, or for congressional, state
323	323	13 legislative, or judicial offices, or elected members of the
324	324	14 State Board of Education, shall be presented to the principal
325	325	15 office of the State Board of Elections not more than 141 nor
326	326	16 less than 134 days previous to the day of election for which
327	327	17 the candidates are nominated. The State Board of Elections
328	328	18 shall endorse the certificates of nomination or nomination
329	329	19 papers, as the case may be, and the date and hour of
330	330	20 presentment to it. Except as otherwise provided in this Code,
331	331	21 all other certificates for the nomination of candidates shall
332	332	22 be filed with the county clerk of the respective counties not
333	333	23 more than 141 but at least 134 days previous to the day of such
334	334	24 election. Certificates of nomination and nomination papers for
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345	345	1 the nomination of candidates for school district offices to be
346	346	2 filled at consolidated elections shall be filed with the
347	347	3 county clerk or county board of election commissioners of the
348	348	4 county in which the principal office of the school district is
349	349	5 located not more than 113 nor less than 106 days before the
350	350	6 consolidated election. Except as otherwise provided in this
351	351	7 Code, certificates of nomination and nomination papers for the
352	352	8 nomination of candidates for the other offices of political
353	353	9 subdivisions to be filled at regular elections other than the
354	354	10 general election shall be filed with the local election
355	355	11 official of such subdivision:
356	356	12 (1) (Blank);
357	357	13 (2) not more than 113 nor less than 106 days prior to
358	358	14 the consolidated election; or
359	359	15 (3) not more than 113 nor less than 106 days prior to
360	360	16 the general primary in the case of municipal offices to be
361	361	17 filled at the general primary election; or
362	362	18 (4) not more than 99 nor less than 92 days before the
363	363	19 consolidated primary in the case of municipal offices to
364	364	20 be elected on a nonpartisan basis pursuant to law
365	365	21 (including without limitation, those municipal offices
366	366	22 subject to Articles 4 and 5 of the Municipal Code); or
367	367	23 (5) not more than 113 nor less than 106 days before the
368	368	24 municipal primary in even numbered years for such
369	369	25 nonpartisan municipal offices where annual elections are
370	370	26 provided; or
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381	381	1 (6) in the case of petitions for the office of
382	382	2 multi-township assessor, such petitions shall be filed
383	383	3 with the election authority not more than 113 nor less
384	384	4 than 106 days before the consolidated election.
385	385	5 However, where a political subdivision's boundaries are
386	386	6 co-extensive with or are entirely within the jurisdiction of a
387	387	7 municipal board of election commissioners, the certificates of
388	388	8 nomination and nomination papers for candidates for such
389	389	9 political subdivision offices shall be filed in the office of
390	390	10 such Board.
391	391	11 (Source: P.A. 102-15, eff. 6-17-21.)
392	392	12 (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
393	393	13 Sec. 10-9. The following electoral boards are designated
394	394	14 for the purpose of hearing and passing upon the objector's
395	395	15 petition described in Section 10-8.
396	396	16 1. The State Board of Elections will hear and pass
397	397	17 upon objections to the nominations of candidates for State
398	398	18 offices, nominations of candidates for the elected members
399	399	19 of the State Board of Education, nominations of candidates
400	400	20 for congressional or legislative offices that are in more
401	401	21 than one county or are wholly located within a single
402	402	22 county with a population of less than 3,000,000 and
403	403	23 judicial offices of districts, subcircuits, or circuits
404	404	24 situated in more than one county, nominations of
405	405	25 candidates for the offices of State's attorney or regional
406	406
407	407
408	408
409	409
410	410
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412	412
413	413
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416	416	1 superintendent of schools to be elected from more than one
417	417	2 county, and petitions for proposed amendments to the
418	418	3 Constitution of the State of Illinois as provided for in
419	419	4 Section 3 of Article XIV of the Constitution.
420	420	5 2. The county officers electoral board of a county
421	421	6 with a population of less than 3,000,000 to hear and pass
422	422	7 upon objections to the nominations of candidates for
423	423	8 county offices and judicial offices of a district,
424	424	9 subcircuit, or circuit coterminous with or less than a
425	425	10 county, for any school district offices, for the office of
426	426	11 multi-township assessor where candidates for such office
427	427	12 are nominated in accordance with this Code, and for all
428	428	13 special district offices, shall be composed of the county
429	429	14 clerk, or an assistant designated by the county clerk, the
430	430	15 State's attorney of the county or an Assistant State's
431	431	16 Attorney designated by the State's Attorney, and the clerk
432	432	17 of the circuit court, or an assistant designated by the
433	433	18 clerk of the circuit court, of the county, of whom the
434	434	19 county clerk or his designee shall be the chair, except
435	435	20 that in any county which has established a county board of
436	436	21 election commissioners that board shall constitute the
437	437	22 county officers electoral board ex-officio. If a school
438	438	23 district is located in 2 or more counties, the county
439	439	24 officers electoral board of the county in which the
440	440	25 principal office of the school district is located shall
441	441	26 hear and pass upon objections to nominations of candidates
442	442
443	443
444	444
445	445
446	446
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448	448
449	449
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451	451	SB1758 - 12 - LRB103 30565 BMS 56999 b
452	452	1 for school district office in that school district.
453	453	2 2.5. The county officers electoral board of a county
454	454	3 with a population of 3,000,000 or more to hear and pass
455	455	4 upon objections to the nominations of candidates for
456	456	5 county offices, candidates for congressional and
457	457	6 legislative offices if the district is wholly within a
458	458	7 county with a population of 3,000,000 or more, unless the
459	459	8 district is wholly or partially within the jurisdiction of
460	460	9 a municipal board of election commissioners, and judicial
461	461	10 offices of a district, subcircuit, or circuit coterminous
462	462	11 with or less than a county, for any school district
463	463	12 offices, for the office of multi-township assessor where
464	464	13 candidates for such office are nominated in accordance
465	465	14 with this Code, and for all special district offices,
466	466	15 shall be composed of the county clerk, or an assistant
467	467	16 designated by the county clerk, the State's Attorney of
468	468	17 the county or an Assistant State's Attorney designated by
469	469	18 the State's Attorney, and the clerk of the circuit court,
470	470	19 or an assistant designated by the clerk of the circuit
471	471	20 court, of the county, of whom the county clerk or his
472	472	21 designee shall be the chair, except that, in any county
473	473	22 which has established a county board of election
474	474	23 commissioners, that board shall constitute the county
475	475	24 officers electoral board ex-officio. If a school district
476	476	25 is located in 2 or more counties, the county officers
477	477	26 electoral board of the county in which the principal
478	478
479	479
480	480
481	481
482	482
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484	484
485	485
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487	487	SB1758 - 13 - LRB103 30565 BMS 56999 b
488	488	1 office of the school district is located shall hear and
489	489	2 pass upon objections to nominations of candidates for
490	490	3 school district office in that school district.
491	491	4 3. The municipal officers electoral board to hear and
492	492	5 pass upon objections to the nominations of candidates for
493	493	6 officers of municipalities shall be composed of the mayor
494	494	7 or president of the board of trustees of the city, village
495	495	8 or incorporated town, and the city, village or
496	496	9 incorporated town clerk, and one member of the city
497	497	10 council or board of trustees, that member being designated
498	498	11 who is eligible to serve on the electoral board and has
499	499	12 served the greatest number of years as a member of the city
500	500	13 council or board of trustees, of whom the mayor or
501	501	14 president of the board of trustees shall be the chair.
502	502	15 4. The township officers electoral board to pass upon
503	503	16 objections to the nominations of township officers shall
504	504	17 be composed of the township supervisor, the town clerk,
505	505	18 and that eligible town trustee elected in the township who
506	506	19 has had the longest term of continuous service as town
507	507	20 trustee, of whom the township supervisor shall be the
508	508	21 chair.
509	509	22 5. The education officers electoral board to hear and
510	510	23 pass upon objections to the nominations of candidates for
511	511	24 offices in community college districts shall be composed
512	512	25 of the presiding officer of the community college district
513	513	26 board, who shall be the chair, the secretary of the
514	514
515	515
516	516
517	517
518	518
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520	520
521	521
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523	523	SB1758 - 14 - LRB103 30565 BMS 56999 b
524	524	1 community college district board and the eligible elected
525	525	2 community college board member who has the longest term of
526	526	3 continuous service as a board member.
527	527	4 6. In all cases, however, where the Congressional,
528	528	5 Legislative, or Representative district is wholly or
529	529	6 partially within the jurisdiction of a single municipal
530	530	7 board of election commissioners in Cook County and in all
531	531	8 cases where the school district or special district is
532	532	9 wholly within the jurisdiction of a municipal board of
533	533	10 election commissioners and in all cases where the
534	534	11 municipality or township is wholly or partially within the
535	535	12 jurisdiction of a municipal board of election
536	536	13 commissioners, the board of election commissioners shall
537	537	14 ex-officio constitute the electoral board.
538	538	15 For special districts situated in more than one county,
539	539	16 the county officers electoral board of the county in which the
540	540	17 principal office of the district is located has jurisdiction
541	541	18 to hear and pass upon objections. For purposes of this
542	542	19 Section, "special districts" means all political subdivisions
543	543	20 other than counties, municipalities, townships and school and
544	544	21 community college districts.
545	545	22 In the event that any member of the appropriate board is a
546	546	23 candidate for the office with relation to which the objector's
547	547	24 petition is filed, he shall not be eligible to serve on that
548	548	25 board and shall not act as a member of the board and his place
549	549	26 shall be filled as follows:
550	550
551	551
552	552
553	553
554	554
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556	556
557	557
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560	560	1 a. In the county officers electoral board by the
561	561	2 county treasurer, and if he or she is ineligible to serve,
562	562	3 by the sheriff of the county.
563	563	4 b. In the municipal officers electoral board by the
564	564	5 eligible elected city council or board of trustees member
565	565	6 who has served the second greatest number of years as a
566	566	7 city council or board of trustees member.
567	567	8 c. In the township officers electoral board by the
568	568	9 eligible elected town trustee who has had the second
569	569	10 longest term of continuous service as a town trustee.
570	570	11 d. In the education officers electoral board by the
571	571	12 eligible elected community college district board member
572	572	13 who has had the second longest term of continuous service
573	573	14 as a board member.
574	574	15 In the event that the chair of the electoral board is
575	575	16 ineligible to act because of the fact that he or she is a
576	576	17 candidate for the office with relation to which the objector's
577	577	18 petition is filed, then the substitute chosen under the
578	578	19 provisions of this Section shall be the chair; In this case,
579	579	20 the officer or board with whom the objector's petition is
580	580	21 filed, shall transmit the certificate of nomination or
581	581	22 nomination papers as the case may be, and the objector's
582	582	23 petition to the substitute chair of the electoral board.
583	583	24 When 2 or more eligible individuals, by reason of their
584	584	25 terms of service on a city council or board of trustees,
585	585	26 township board of trustees, or community college district
586	586
587	587
588	588
589	589
590	590
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592	592
593	593
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595	595	SB1758 - 16 - LRB103 30565 BMS 56999 b
596	596	1 board, qualify to serve on an electoral board, the one to serve
597	597	2 shall be chosen by lot.
598	598	3 Any vacancies on an electoral board not otherwise filled
599	599	4 pursuant to this Section shall be filled by public members
600	600	5 appointed by the Chief Judge of the Circuit Court for the
601	601	6 county wherein the electoral board hearing is being held upon
602	602	7 notification to the Chief Judge of such vacancies. The Chief
603	603	8 Judge shall be so notified by a member of the electoral board
604	604	9 or the officer or board with whom the objector's petition was
605	605	10 filed. In the event that none of the individuals designated by
606	606	11 this Section to serve on the electoral board are eligible, the
607	607	12 chair of an electoral board shall be designated by the Chief
608	608	13 Judge.
609	609	14 (Source: P.A. 100-1027, eff. 1-1-19.)
610	610	15 (10 ILCS 5/22-1) (from Ch. 46, par. 22-1)
611	611	16 Sec. 22-1. Abstracts of votes. Within 21 days after the
612	612	17 close of the election at which candidates for offices
613	613	18 hereinafter named in this Section are voted upon, the election
614	614	19 authorities of the respective counties shall open the returns
615	615	20 and make abstracts of the votes on a separate sheet for each of
616	616	21 the following:
617	617	22 A. For Governor and Lieutenant Governor;
618	618	23 B. For State officers;
619	619	24 C. For presidential electors;
620	620	25 D. For United States Senators and Representatives to
621	621
622	622
623	623
624	624
625	625
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627	627
628	628
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631	631	1 Congress;
632	632	2 E. For judges of the Supreme Court;
633	633	3 F. For judges of the Appellate Court;
634	634	4 G. For judges of the circuit court;
635	635	5 H. For Senators and Representatives to the General
636	636	6 Assembly;
637	637	7 I. For State's Attorneys elected from 2 or more
638	638	8 counties;
639	639	9 J. For amendments to the Constitution, and for other
640	640	10 propositions submitted to the electors of the entire
641	641	11 State;
642	642	12 K. For county officers and for propositions submitted
643	643	13 to the electors of the county only;
644	644	14 L. For Regional Superintendent of Schools;
645	645	15 M. For trustees of Sanitary Districts; and
646	646	16 N. For Trustee of a Regional Board of School Trustees;
647	647	17 and .
648	648	18 O. For elected members of the State Board of
649	649	19 Education.
650	650	20 Each sheet shall report the returns by precinct or ward.
651	651	21 Multiple originals of each of the sheets shall be prepared
652	652	22 and one of each shall be turned over to the chair of the county
653	653	23 central committee of each of the then existing established
654	654	24 political parties, as defined in Section 10-2, or his duly
655	655	25 authorized representative immediately after the completion of
656	656	26 the entries on the sheets and before the totals have been
657	657
658	658
659	659
660	660
661	661
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663	663
664	664
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666	666	SB1758 - 18 - LRB103 30565 BMS 56999 b
667	667	1 compiled.
668	668	2 The foregoing abstracts shall be preserved by the election
669	669	3 authority in its office.
670	670	4 Whenever any county clerk is unable to canvass the vote,
671	671	5 the deputy county clerk or a designee of the county clerk shall
672	672	6 serve in his or her place.
673	673	7 The powers and duties of the election authority canvassing
674	674	8 the votes are limited to those specified in this Section.
675	675	9 No person who is shown by the election authority's
676	676	10 proclamation to have been elected at the consolidated election
677	677	11 or general election as a write-in candidate shall take office
678	678	12 unless that person has first filed with the certifying office
679	679	13 or board a statement of candidacy pursuant to Section 7-10 or
680	680	14 Section 10-5, a statement pursuant to Section 7-10.1, and a
681	681	15 receipt for filing a statement of economic interests in
682	682	16 relation to the unit of government to which he or she has been
683	683	17 elected. For officers elected at the consolidated election,
684	684	18 the certifying officer shall notify the election authority of
685	685	19 the receipt of those documents, and the county clerk shall
686	686	20 issue the certification of election under the provisions of
687	687	21 Section 22-18.
688	688	22 (Source: P.A. 100-1027, eff. 1-1-19.)
689	689	23 (10 ILCS 5/22-7) (from Ch. 46, par. 22-7)
690	690	24 Sec. 22-7. Canvass of votes; declaration and proclamation
691	691	25 of result. The State Board of Elections, shall proceed within
692	692
693	693
694	694
695	695
696	696
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698	698
699	699
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702	702	1 31 days after the election, and sooner if all the returns are
703	703	2 received, to canvass the votes given for United States
704	704	3 Senators and Representatives to Congress, State executive
705	705	4 officers, elected members of the State Board of Education,
706	706	5 judges of the Supreme Court, judges of the Appellate Court,
707	707	6 judges of the Circuit Court, Senators, Representatives to the
708	708	7 General Assembly, State's Attorneys and Regional
709	709	8 Superintendents of Schools elected from 2 or more counties,
710	710	9 respectively, and the persons having the highest number of
711	711	10 votes for the respective offices shall be declared duly
712	712	11 elected, but if it appears that more than the number of persons
713	713	12 to be elected have the highest and an equal number of votes for
714	714	13 the same office, the electoral board shall decide by lot which
715	715	14 of such persons shall be elected; and to each person duly
716	716	15 elected, the Governor shall give a certificate of election or
717	717	16 commission, as the case may require, and shall cause
718	718	17 proclamation to be made of the result of the canvass, and they
719	719	18 shall at the same time and in the same manner, canvass the vote
720	720	19 cast upon amendments to the Constitution, and upon other
721	721	20 propositions submitted to the electors of the entire State;
722	722	21 and the Governor shall cause to be made such proclamation of
723	723	22 the result of the canvass as the statutes elsewhere provide.
724	724	23 The State Board of Elections shall transmit to the State
725	725	24 Comptroller a list of the persons elected to the various
726	726	25 offices. The State Board of Elections shall also transmit to
727	727	26 the Supreme Court the names of persons elected to judgeships
728	728
729	729
730	730
731	731
732	732
733	733	SB1758 - 19 - LRB103 30565 BMS 56999 b
734	734
735	735
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738	738	1 in adversary elections and the names of judges who fail to win
739	739	2 retention in office.
740	740	3 No person who is shown by the canvassing board's
741	741	4 proclamation to have been elected at the consolidated election
742	742	5 or general election as a write-in candidate shall take office
743	743	6 unless that person has first filed with the certifying office
744	744	7 or board a statement of candidacy pursuant to Section 7-10 or
745	745	8 Section 10-5, a statement pursuant to Section 7-10.1, and a
746	746	9 receipt for filing a statement of economic interests in
747	747	10 relation to the unit of government to which he or she has been
748	748	11 elected. For officers elected at the consolidated election,
749	749	12 the certifying officer shall notify the election authority of
750	750	13 the receipt of those documents, and the county clerk shall
751	751	14 issue the certification of election under the provisions of
752	752	15 Section 22-18.
753	753	16 (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
754	754	17 Section 10. The School Code is amended by changing
755	755	18 Sections 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:
756	756	19 (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
757	757	20 Sec. 1A-1. Members and terms.
758	758	21 (a) (Blank).
759	759	22 (b) The State Board of Education shall consist of 5
760	760	23 members initially to be elected under this amendatory Act of
761	761	24 the 103rd General Assembly and 8 appointed members and a
762	762
763	763
764	764
765	765
766	766
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768	768
769	769
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772	772	1 chairperson, who shall be appointed by the Governor with the
773	773	2 advice and consent of the Senate from a pattern of regional
774	774	3 representation as follows: 2 appointees shall be selected from
775	775	4 among those counties of the State other than Cook County and
776	776	5 the 5 counties contiguous to Cook County, one of whom must
777	777	6 represent the educator community; 2 appointees shall be
778	778	7 selected from Cook County, one of whom shall be a resident of
779	779	8 the City of Chicago and one of whom shall be a resident of that
780	780	9 part of Cook County which lies outside the city limits of
781	781	10 Chicago and of whom one must represent the educator community;
782	782	11 2 appointees shall be selected from among the 5 counties of the
783	783	12 State that are contiguous to Cook County, one of whom must
784	784	13 represent the educator community; and 3 members shall be
785	785	14 selected as members-at-large (one of which shall be the
786	786	15 chairperson). With respect to the educator community
787	787	16 appointments, no more than one member may be employed as a
788	788	17 district superintendent, principal, school business official,
789	789	18 or teacher and no more than one may be employed by the same
790	790	19 school district or school. The changes made to this Section by
791	791	20 this amendatory Act of the 100th General Assembly apply to
792	792	21 appointments made after the effective date of this amendatory
793	793	22 Act of the 100th General Assembly. The Governor who takes
794	794	23 office on the second Monday of January after his or her
795	795	24 election shall be the person who nominates members to fill
796	796	25 vacancies whose terms begin after that date and before the
797	797	26 term of the next Governor begins.
798	798
799	799
800	800
801	801
802	802
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804	804
805	805
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807	807	SB1758 - 22 - LRB103 30565 BMS 56999 b
808	808	1 The term of each member of the State Board of Education
809	809	2 whose term expires on January 12, 2005 shall instead terminate
810	810	3 on the effective date of this amendatory Act of the 93rd
811	811	4 General Assembly. Of these 3 seats, (i) the member initially
812	812	5 appointed pursuant to this amendatory Act of the 93rd General
813	813	6 Assembly whose seat was vacant on April 27, 2004 shall serve
814	814	7 until the second Wednesday of January, 2009 and (ii) the other
815	815	8 2 members initially appointed pursuant to this amendatory Act
816	816	9 of the 93rd General Assembly shall serve until the second
817	817	10 Wednesday of January, 2007.
818	818	11 The term of the member of the State Board of Education
819	819	12 whose seat was vacant on April 27, 2004 and whose term expires
820	820	13 on January 10, 2007 shall instead terminate on the effective
821	821	14 date of this amendatory Act of the 93rd General Assembly. The
822	822	15 member initially appointed pursuant to this amendatory Act of
823	823	16 the 93rd General Assembly to fill this seat shall be the
824	824	17 chairperson and shall serve until the second Wednesday of
825	825	18 January, 2007.
826	826	19 The term of the member of the State Board of Education
827	827	20 whose seat was vacant on May 28, 2004 but after April 27, 2004
828	828	21 and whose term expires on January 10, 2007 shall instead
829	829	22 terminate on the effective date of this amendatory Act of the
830	830	23 93rd General Assembly. The member initially appointed pursuant
831	831	24 to this amendatory Act of the 93rd General Assembly to fill
832	832	25 this seat shall serve until the second Wednesday of January,
833	833	26 2007.
834	834
835	835
836	836
837	837
838	838
839	839	SB1758 - 22 - LRB103 30565 BMS 56999 b
840	840
841	841
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843	843	SB1758 - 23 - LRB103 30565 BMS 56999 b
844	844	1 The term of the other member of the State Board of
845	845	2 Education whose term expires on January 10, 2007 shall instead
846	846	3 terminate on the effective date of this amendatory Act of the
847	847	4 93rd General Assembly. The member initially appointed pursuant
848	848	5 to this amendatory Act of the 93rd General Assembly to fill
849	849	6 this seat shall serve until the second Wednesday of January,
850	850	7 2007.
851	851	8 The term of the member of the State Board of Education
852	852	9 whose term expires on January 14, 2009 and who was selected
853	853	10 from among the 5 counties of the State that are contiguous to
854	854	11 Cook County and is a resident of Lake County shall instead
855	855	12 terminate on the effective date of this amendatory Act of the
856	856	13 93rd General Assembly. The member initially appointed pursuant
857	857	14 to this amendatory Act of the 93rd General Assembly to fill
858	858	15 this seat shall serve until the second Wednesday of January,
859	859	16 2009.
860	860	17 Upon expiration of the terms of the members initially
861	861	18 appointed under this amendatory Act of the 93rd General
862	862	19 Assembly and members whose terms were not terminated by this
863	863	20 amendatory Act of the 93rd General Assembly, their respective
864	864	21 successors shall be appointed for terms of 4 years, from the
865	865	22 second Wednesday in January of each odd numbered year and
866	866	23 until their respective successors are appointed and qualified.
867	867	24 (c) Of the 4 members, excluding the chairperson, whose
868	868	25 terms expire on the second Wednesday of January, 2007 and
869	869	26 every 4 years thereafter, one of those members must be an
870	870
871	871
872	872
873	873
874	874
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876	876
877	877
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879	879	SB1758 - 24 - LRB103 30565 BMS 56999 b
880	880	1 at-large member and at no time may more than 2 of those members
881	881	2 be from one political party. Of the 4 members whose terms
882	882	3 expire on the second Wednesday of January, 2009 and every 4
883	883	4 years thereafter, one of those members must be an at-large
884	884	5 member and at no time may more than 2 of those members be from
885	885	6 one political party. Party membership is defined as having
886	886	7 voted in the primary of the party in the last primary before
887	887	8 appointment.
888	888	9 (c-5) Five members of the Board shall be elected on a
889	889	10 nonpartisan basis at the general election in 2024 and every 4
890	890	11 years thereafter. One member shall be elected from each of the
891	891	12 judicial districts. A petition for nomination of a candidate
892	892	13 for member of the Board shall be signed by at least 0.5% of the
893	893	14 total number of registered voters in the judicial district in
894	894	15 which the person is a candidate for nomination. Each of these
895	895	16 members shall serve for a term of 4 years, from the second
896	896	17 Wednesday of January until after the member's election and
897	897	18 until the member's successor takes office.
898	898	19 (d) Vacancies in appointed terms shall be filled by
899	899	20 appointment by the Governor with the advice and consent of the
900	900	21 Senate for the extent of the unexpired term. If a vacancy in
901	901	22 membership occurs at a time when the Senate is not in session,
902	902	23 the Governor shall make a temporary appointment until the next
903	903	24 meeting of the Senate, when the Governor shall appoint a
904	904	25 person to fill that membership for the remainder of its term.
905	905	26 If the Senate is not in session when appointments for a full
906	906
907	907
908	908
909	909
910	910
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912	912
913	913
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916	916	1 term are made, the appointments shall be made as in the case of
917	917	2 vacancies.
918	918	3 (d-5) Beginning on the date when all of the new members
919	919	4 initially to be elected under this amendatory Act of the 103rd
920	920	5 General Assembly have taken office, vacancies in elected terms
921	921	6 shall be filled by appointment and confirmed by the remaining
922	922	7 members of the State Board of Education. A person selected to
923	923	8 fill a vacancy left by an elected member must meet all
924	924	9 eligibility requirements for the position.
925	925	10 (Source: P.A. 100-1135, eff. 11-28-18.)
926	926	11 (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
927	927	12 Sec. 1A-2. Qualifications. In order to be a member The
928	928	13 members of the State Board of Education, a person must be a
929	929	14 citizen shall be citizens of the United States and a resident
930	930	15 residents of the State of Illinois. To be an elected member, a
931	931	16 person must also be a resident of the judicial district from
932	932	17 which the person was elected. Appointed members and shall be
933	933	18 selected as far as may be practicable on the basis of their
934	934	19 knowledge of, or interest and experience in, problems of
935	935	20 public education. No elected member of the State Board of
936	936	21 Education may be employed by a public or private school; a
937	937	22 college, including community or junior college; a university;
938	938	23 the State Board of Education; a regional office of education;
939	939	24 or any other educational institution. No elected member of the
940	940	25 State Board of Education shall be a member of a board of
941	941
942	942
943	943
944	944
945	945
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947	947
948	948
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950	950	SB1758 - 26 - LRB103 30565 BMS 56999 b
951	951	1 directors of a public school district or private school. No
952	952	2 member of the State Board of Education shall benefit from
953	953	3 funds provided by the State Board of Education to an
954	954	4 institution of higher learning, public or private, within
955	955	5 Illinois, nor shall members be school trustees of a public or
956	956	6 nonpublic college, university or technical institution within
957	957	7 Illinois. No member shall be appointed to more than 2 4-year
958	958	8 terms. No member shall be elected to more than 2 consecutive
959	959	9 4-year terms. Members shall be reimbursed for all ordinary and
960	960	10 necessary expenses incurred in performing their duties as
961	961	11 members of the Board. Expenses shall be approved by the Board
962	962	12 and be consistent with the laws, policies, and requirements of
963	963	13 the State of Illinois regarding such expenditures, plus any
964	964	14 member may include in the member's his or her claim for
965	965	15 expenses $50 per day for meeting days.
966	966	16 (Source: P.A. 100-1135, eff. 11-28-18.)
967	967	17 (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
968	968	18 Sec. 1A-2.1. Vacancies. The Governor may remove for
969	969	19 incompetence, neglect of duty, or malfeasance in office any
970	970	20 member of the State Board of Education. A vacancy also exists
971	971	21 on the State Board of Education when one or more of the
972	972	22 following events occur:
973	973	23 1. A member dies.
974	974	24 2. A member files a written resignation with the
975	975	25 Governor.
976	976
977	977
978	978
979	979
980	980
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982	982
983	983
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985	985	SB1758 - 27 - LRB103 30565 BMS 56999 b
986	986	1 3. A member is adjudicated to be a person under legal
987	987	2 disability under the Probate Act of 1975 or a person
988	988	3 subject to involuntary admission under the Mental Health
989	989	4 and Developmental Disabilities Code.
990	990	5 4. For appointed members, a A member ceases to be a
991	991	6 resident of the region from which the member he or she was
992	992	7 appointed.
993	993	8 5. A member is convicted of an infamous crime or of any
994	994	9 offense involving a violation of his or her duties under
995	995	10 this Code.
996	996	11 6. A member fails to maintain the qualifications
997	997	12 stated in Sections 1A-1 and 1A-2 of this Code.
998	998	13 (Source: P.A. 100-1135, eff. 11-28-18.)
999	999	14 (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
1000	1000	15 Sec. 1A-4. Powers and duties of the Board.
1001	1001	16 A. (Blank).
1002	1002	17 B. The Board shall determine the qualifications of and
1003	1003	18 appoint a chief education officer, to be known as the State
1004	1004	19 Superintendent of Education, who may be proposed by the
1005	1005	20 Governor and who shall serve at the pleasure of the Board and
1006	1006	21 pursuant to a performance-based contract linked to statewide
1007	1007	22 student performance and academic improvement within Illinois
1008	1008	23 schools. Upon expiration or buyout of the contract of the
1009	1009	24 State Superintendent of Education in office on the effective
1010	1010	25 date of this amendatory Act of the 93rd General Assembly, a
1011	1011
1012	1012
1013	1013
1014	1014
1015	1015
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1017	1017
1018	1018
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1021	1021	1 State Superintendent of Education shall be appointed by a
1022	1022	2 State Board of Education that includes the 7 new Board members
1023	1023	3 who were appointed to fill seats of members whose terms were
1024	1024	4 terminated on the effective date of this amendatory Act of the
1025	1025	5 93rd General Assembly. Thereafter, a State Superintendent of
1026	1026	6 Education must, at a minimum, be appointed at the beginning of
1027	1027	7 each term of a Governor after that Governor has made
1028	1028	8 appointments to the Board. A performance-based contract issued
1029	1029	9 for the employment of a State Superintendent of Education
1030	1030	10 entered into on or after the effective date of this amendatory
1031	1031	11 Act of the 93rd General Assembly must expire no later than
1032	1032	12 February 1, 2007, and subsequent contracts must expire no
1033	1033	13 later than February 1 each 4 years thereafter. No contract
1034	1034	14 shall be extended or renewed beyond February 1, 2007 and
1035	1035	15 February 1 each 4 years thereafter, but a State Superintendent
1036	1036	16 of Education shall serve until his or her successor is
1037	1037	17 appointed. Each contract entered into on or before January 8,
1038	1038	18 2007 with a State Superintendent of Education must provide
1039	1039	19 that the State Board of Education may terminate the contract
1040	1040	20 for cause, and the State Board of Education shall not
1041	1041	21 thereafter be liable for further payments under the contract.
1042	1042	22 With regard to this amendatory Act of the 93rd General
1043	1043	23 Assembly, it is the intent of the General Assembly that,
1044	1044	24 beginning with the Governor who takes office on the second
1045	1045	25 Monday of January, 2007, a State Superintendent of Education
1046	1046	26 be appointed at the beginning of each term of a Governor after
1047	1047
1048	1048
1049	1049
1050	1050
1051	1051
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1053	1053
1054	1054
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1057	1057	1 that Governor has made appointments to the Board. The State
1058	1058	2 Superintendent of Education shall not serve as a member of the
1059	1059	3 State Board of Education. The Board shall set the compensation
1060	1060	4 of the State Superintendent of Education who shall serve as
1061	1061	5 the Board's chief executive officer. The Board shall also
1062	1062	6 establish the duties, powers and responsibilities of the State
1063	1063	7 Superintendent, which shall be included in the State
1064	1064	8 Superintendent's performance-based contract along with the
1065	1065	9 goals and indicators of student performance and academic
1066	1066	10 improvement used to measure the performance and effectiveness
1067	1067	11 of the State Superintendent. The State Board of Education may
1068	1068	12 delegate to the State Superintendent of Education the
1069	1069	13 authority to act on the Board's behalf, provided such
1070	1070	14 delegation is made pursuant to adopted board policy or the
1071	1071	15 powers delegated are ministerial in nature. The State Board
1072	1072	16 may not delegate authority under this Section to the State
1073	1073	17 Superintendent to (1) nonrecognize school districts, (2)
1074	1074	18 withhold State payments as a penalty, or (3) make final
1075	1075	19 decisions under the contested case provisions of the Illinois
1076	1076	20 Administrative Procedure Act unless otherwise provided by law.
1077	1077	21 C. The powers and duties of the State Board of Education
1078	1078	22 shall encompass all duties delegated to the Office of
1079	1079	23 Superintendent of Public Instruction on January 12, 1975,
1080	1080	24 except as the law providing for such powers and duties is
1081	1081	25 thereafter amended, and such other powers and duties as the
1082	1082	26 General Assembly shall designate. The Board shall be
1083	1083
1084	1084
1085	1085
1086	1086
1087	1087
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1089	1089
1090	1090
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1093	1093	1 responsible for the educational policies and guidelines for
1094	1094	2 public schools, pre-school through grade 12 and Vocational
1095	1095	3 Education in the State of Illinois. The Board shall analyze
1096	1096	4 the present and future aims, needs, and requirements of
1097	1097	5 education in the State of Illinois and recommend to the
1098	1098	6 General Assembly the powers which should be exercised by the
1099	1099	7 Board. The Board shall recommend the passage and the
1100	1100	8 legislation necessary to determine the appropriate
1101	1101	9 relationship between the Board and local boards of education
1102	1102	10 and the various State agencies and shall recommend desirable
1103	1103	11 modifications in the laws which affect schools.
1104	1104	12 D. Two members of the Board shall be appointed by the
1105	1105	13 chairperson to serve on a standing joint Education Committee,
1106	1106	14 2 others shall be appointed from the Board of Higher
1107	1107	15 Education, 2 others shall be appointed by the chairperson of
1108	1108	16 the Illinois Community College Board, and 2 others shall be
1109	1109	17 appointed by the chairperson of the Human Resource Investment
1110	1110	18 Council. The Committee shall be responsible for making
1111	1111	19 recommendations concerning the submission of any workforce
1112	1112	20 development plan or workforce training program required by
1113	1113	21 federal law or under any block grant authority. The Committee
1114	1114	22 will be responsible for developing policy on matters of mutual
1115	1115	23 concern to elementary, secondary and higher education such as
1116	1116	24 Occupational and Career Education, Teacher Preparation and
1117	1117	25 Licensure, Educational Finance, Articulation between
1118	1118	26 Elementary, Secondary and Higher Education and Research and
1119	1119
1120	1120
1121	1121
1122	1122
1123	1123
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1125	1125
1126	1126
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1129	1129	1 Planning. The joint Education Committee shall meet at least
1130	1130	2 quarterly and submit an annual report of its findings,
1131	1131	3 conclusions, and recommendations to the State Board of
1132	1132	4 Education, the Board of Higher Education, the Illinois
1133	1133	5 Community College Board, the Human Resource Investment
1134	1134	6 Council, the Governor, and the General Assembly. All meetings
1135	1135	7 of this Committee shall be official meetings for reimbursement
1136	1136	8 under this Act. On the effective date of this amendatory Act of
1137	1137	9 the 95th General Assembly, the Joint Education Committee is
1138	1138	10 abolished.
1139	1139	11 E. Until the 5 members initially to be elected under this
1140	1140	12 amendatory Act of the 103rd General Assembly have taken
1141	1141	13 office, 5 Five members of the Board shall constitute a quorum.
1142	1142	14 Beginning on the date when the 5 members initially to be
1143	1143	15 elected under this amendatory Act of the 103rd General
1144	1144	16 Assembly have taken office, a majority of the Board shall
1145	1145	17 constitute a quorum. Until the 5 members initially to be
1146	1146	18 elected under this amendatory Act of the 103rd General
1147	1147	19 Assembly have taken office a A majority vote of the members
1148	1148	20 appointed, confirmed and serving on the Board is required to
1149	1149	21 approve any action, except that the 7 new Board members who
1150	1150	22 were appointed to fill seats of members whose terms were
1151	1151	23 terminated on the effective date of this amendatory act of the
1152	1152	24 93rd General Assembly may vote to approve actions when
1153	1153	25 appointed and serving. Beginning on the date when the 5
1154	1154	26 members initially to be elected under this amendatory Act of
1155	1155
1156	1156
1157	1157
1158	1158
1159	1159
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1161	1161
1162	1162
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1165	1165	1 the 103rd General Assembly have taken office, a majority vote
1166	1166	2 of the elected members and the members appointed, confirmed,
1167	1167	3 and serving on the Board is required to approve any action.
1168	1168	4 F. Upon appointment of the 7 new Board members who were
1169	1169	5 appointed to fill seats of members whose terms were terminated
1170	1170	6 on the effective date of this amendatory Act of the 93rd
1171	1171	7 General Assembly, the Board shall review all of its current
1172	1172	8 rules in an effort to streamline procedures, improve
1173	1173	9 efficiency, and eliminate unnecessary forms and paperwork.
1174	1174	10 (Source: P.A. 102-894, eff. 5-20-22.)
1175	1175
1176	1176
1177	1177
1178	1178
1179	1179
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