Article 9 - Elections - Illinois Statutes

      (105 ILCS 5/Art. 9 heading)ARTICLE 9. ELECTIONS

(105 ILCS 5/9‑1) (from Ch. 122, par. 9‑1)     Sec. 9‑1. Scope of article. All school elections shall be governed by the general election law of the State. (Source: P.A. 81‑1490.)

(105 ILCS 5/9‑1.1) (from Ch. 122, par. 9‑1.1)     Sec. 9‑1.1. Referenda. Whenever a proposition or public question is required to be submitted pursuant to this Act for approval or rejection by the electorate at an election, the time and manner of conducting such referendum shall be in accordance with the general election law of the State. (Source: P.A. 81‑1490.)

(105 ILCS 5/9‑2) (from Ch. 122, par. 9‑2)     Sec. 9‑2. Election Definitions. As used in this Act in connection with elections of school officials and referenda:     (a) "Voter" or "Legal voter" or "elector" means a person qualified to vote under the general election law.     (b) "Certify" and "certification", when used in connection with elections of officers or referenda, refers to the certification in accordance with the general election law of offices, candidates or propositions to county clerks and boards of election commissioners for inclusion on the ballot at an election.     (c) "Submit" and "submission" when used in connection with a referendum on a proposition or question refers to the submission to the voters in accordance with the general election law of the proposition or question by county clerks and boards of election commissioners.     (d) "Local election official" means the secretary of a board of education, the secretary or clerk of a board of school directors, the treasurer of a township board of school trustees, the secretary of township land commissioners and the regional superintendent of schools with respect to the various school officer elections and school referenda for which the regional superintendent is assigned election duties pursuant to this Code. (Source: P.A. 84‑1338.)

(105 ILCS 5/9‑5) (from Ch. 122, par. 9‑5)     Sec. 9‑5. Election dates and terms of offices. The dates upon which school officer elections shall be held are as established in the general election law. Members of boards of education shall unless otherwise provided serve terms of 4 years.     If, at a regularly scheduled election, a proposition is submitted to the voters of a district, as provided by a resolution of the board, on the question of whether board members should serve for 6 year terms and the proposition receives the affirmative vote of those voting thereon, members of the board of education shall thereafter serve for terms of 6 years. (Source: P.A. 82‑1014.)

    (105 ILCS 5/9‑10)(from Ch. 122, par. 9‑10)
    Sec. 9‑10. Candidates for office ‑ Nominating petitions. Candidates for the office of school director shall be nominated by petition signed by at least 25 voters or 5% of the voters, whichever is less, residing within the district and filed with the secretary of the board of school directors or with a person designated by the board to receive nominating petitions.
    Nominations for members of boards of education, including non‑high school boards of education shall be made by a petition signed by at least 50 voters or 10% of the voters, whichever is less, residing within the district and shall be filed with the secretary of the board of education or with a person designated by the board to receive nominating petitions. In addition to the requirements of the general election law, the form of such petitions shall be substantially as follows: NOMINATING PETITIONS (LEAVE OUT THE INAPPLICABLE PART.)     To the secretary of the board of education (or board of directors) of district number .... in .... County:
    We the undersigned, being (.... or more) (or 10% or more) (or 5% or more) of the voters residing within said district, hereby petition that .... who resides at .... in the (city or village) of .... in Township .... (or who resides outside any city, village or incorporated town and in Township ....) in said district shall be a candidate for the office of .... of the board of education (or board of directors) (full term) (vacancy) to be voted for at the election to be held on (insert date).
    Name: .................. Address: ...................
 
    In the designation of the name of a candidate on a petition for nomination, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof may be used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition, then (i) the candidate's name on the petition must be followed by "formerly known as (list all prior names during the 3‑year period) until name changed on (list date of each such name change)" and (ii) the petition must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in clause (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage to assume a spouse's surname, or dissolution of marriage or declaration of invalidity of marriage to assume a former surname. No other designation, such as a political slogan, as defined by Section 7‑17 of the Election Code, title or degree, or nickname suggesting or implying possession of a title, degree or professional status, or similar information may be used in connection with the candidate's surname.
    Nomination papers filed under this Section are not valid unless the candidate named therein files with the secretary of the board of education or a person designated by the board to receive nominating petitions a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such receipt shall be so filed either previously during the calendar year in which his nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law.
    All petitions for the nomination of members of a board of education shall be filed with the secretary of the board or a person designated by the board to receive nominating petitions within the time provided for by the general election law. The secretary shall receive and file only those petitions which include a statement of candidacy, the required number of voter signatures, the notarized signature of the petition circulator and a receipt from the County Clerk showing that the candidate has filed a statement of economic interest on or before the last day to file as required by the Illinois Governmental Ethics Act. The secretary may have petition forms available for issuance to potential candidates, and may give notice of the petition filing period by publication in a newspaper of general circulation within the school district not less than 10 days prior to the first day of filing. Said secretary shall make certification to the proper election authorities in accordance with the general election law. If the secretary is an incumbent school board member seeking re‑election, a disinterested person must be a witness to the filing of his petition.
    The secretary of the board of education shall notify the candidates for whom a petition for nomination is filed or the appropriate committee of the obligations under the Campaign Financing Act as provided in the general election law. Such notice shall be given on a form prescribed by the State Board of Elections and in accordance with the requirements of the general election law. The secretary shall within 7 days of filing or on the last day for filing, whichever is earlier, acknowledge to the petitioner in writing his acceptance of the petition.
    A candidate for membership on the board of education or for office as a school director, who has petitioned for nomination to fill a full term and to fill a vacant term to be voted upon at the same election, must withdraw his or her petition for nomination from either the full term or the vacant term by written declaration.
    In all newly organized districts the petition for the nomination of candidates for members of the board of education at the first election shall be addressed to and filed with the regional superintendent of schools in the manner herein specified for the petitions for members of a board of education. For such election the regional superintendent shall fulfill all duties otherwise assigned to the secretary of the board of education.
(Source: P.A. 95‑141, eff. 8‑13‑07.)

(105 ILCS 5/9‑11) (from Ch. 122, par. 9‑11)     Sec. 9‑11. Tax rate increase ‑ notice of election ‑ ballot. In addition to the notice requirements of the general election law, whenever a proposition to increase a school tax rate is submitted to be voted upon by the voters of any district the notice of such election shall include an estimate of the approximate amount of taxes extendible under the maximum rate then in force and an estimate of the approximate amount of taxes extendible under the proposed increased rate, such amounts being computed upon the last known full, fair cash value; provided that any error, miscalculation or inaccuracy in computing such amounts shall not invalidate or affect the validity of any rate so increased. The board of directors shall make such estimate and the secretary shall certify such amount to the election authority as part of the certification of the proposition as required by the general election law. Such estimate shall appear on the ballot on which the proposition is printed, but shall not appear as a part of the proposition. (Source: P.A. 83‑448.)

(105 ILCS 5/9‑11.1) (from Ch. 122, par. 9‑11.1)     Sec. 9‑11.1. The local election official shall conduct a lottery to determine the ballot order of candidates for full terms in the event of any simultaneous petition filings. Such candidate lottery shall be conducted as follows:     All petitions filed by persons waiting in line as of 8:00 a.m. on the first day for filing, or as of the normal opening hour of the office involved on such day, shall be deemed simultaneously filed as of 8:00 a.m. or the normal opening hour, as the case may be. Petitions filed by mail and received after midnight of the first day for filing and in the first mail delivery or pickup of that day shall be deemed simultaneously filed as of 8:00 a.m. of that day or as of the normal opening hour of such day, as the case may be. All petitions received thereafter shall be deemed filed in the order of actual receipt.     Where 2 or more petitions are received simultaneously for the same office as of 8:00 a.m. on the first day for petition filing, or as of the normal opening hour of the office of the local election official, the local election official with whom such petitions are filed shall break ties and determine the order of filing by means of a lottery or other fair and impartial method of random selection. Such lottery shall be conducted within 9 days following the last day for petition filing and shall be open to the public. Seven days written notice of the time and place of conducting such random selection shall be given by the local election official to all candidates who filed their petitions simultaneously and to each organization of citizens within the election jurisdiction which was entitled, under the general election law, at the next preceding election, to have pollwatchers present on the day of election. The local election official shall post in a conspicuous, open and public place, at the entrance of his or her office, notice of the time and place of such lottery.     All candidates shall be certified in the order in which their petitions have been filed and in the manner prescribed by Section 10‑15 of the general election law. Where candidates have filed simultaneously, they shall be certified in the order prescribed by this Section and prior to candidates who filed for the same office at a later time.     Where elections are conducted for unexpired terms, a second lottery to determine ballot order shall be conducted for candidates who simultaneously file petitions for such unexpired terms. Such lottery shall be conducted in the same manner as prescribed by this Section for full term candidates. (Source: P.A. 84‑1338.)

    (105 ILCS 5/9‑11.2)(from Ch. 122, par. 9‑11.2)
    Sec. 9‑11.2. For all school districts electing candidates to a board of education in a manner other than at large, candidates not elected at large who file nominating petitions for a full term shall be grouped together by area of residence as follows:
    (1) by congressional townships, or
    (2) according to incorporated or unincorporated areas.
    For all school districts electing candidates to a board of education in a manner other than at large, candidates not elected at large who file nominating petitions for an unexpired term shall be grouped together by area of residence as follows:
    (1) by congressional townships, or
    (2) according to incorporated or unincorporated areas.
    Candidate groupings by area of residence for unexpired terms shall precede the candidate groupings by area of residence for full terms on the ballot. In all instances, however, the ballot order of each candidate grouping shall be determined by the order of petition filing or lottery held pursuant to Section 9‑11.1 in the following manner:
    The area of residence of the candidate determined to be first by order of petition filing or by lottery shall be listed first among the candidate groupings on the ballot. All other candidates from the same area of residence will follow according to order of petition filing or the lottery. The area of residence of the candidate determined to be second by the order of petition filing or the lottery shall be listed second among the candidate groupings on the ballot. All other candidates from the same area of residence will follow according to the order of petition filing or the lottery. The ballot order of additional candidate groupings by area of residence shall be established in a like manner.
    In any school district that elects its board members according to area of residence and that has one or more unexpired terms to be filled at an election, the winner or winners of the unexpired term or terms shall be determined first and independently of those running for full terms. The winners of the full terms shall then be determined taking into consideration the areas of residence of those elected to fill the unexpired term or terms.
    "Area of Residence" means congressional township and incorporated and unincorporated territories.
    "Affected school district" means either of the 2 entire elementary school districts that are formed into a combined school district.
(Source: P.A. 93‑1079, eff. 1‑21‑05; 94‑1019, eff. 7‑10‑06.)

    (105 ILCS 5/9‑12)(from Ch. 122, par. 9‑12)
    Sec. 9‑12. Ballots for the election of school officers shall be in one of the following forms:
 
(FORMAT 1
    Ballot position for candidates shall be determined by the order of petition filing or lottery held pursuant to Section 9‑11.1.
    This format is used by Boards of School Directors. School Directors are elected at large.) OFFICIAL BALLOT FOR MEMBERS OF THE BOARD OF SCHOOL DIRECTORS TO SERVE AN UNEXPIRED 2‑YEAR TERM VOTE FOR .... ( ) ....................................... ( ) ....................................... ( ) ....................................... FOR MEMBERS OF THE BOARD OF SCHOOL DIRECTORS TO SERVE A FULL 4‑YEAR TERM VOTE FOR .... ( ) ........................................ ( ) ........................................ ( ) ........................................
(FORMAT 2
    Ballot position for candidates shall be determined by the order of petition filing or lottery held pursuant to Section 9‑11.1.
    This format is used when school board members are elected at large. Membership on the school board is not restricted by area of residence.
    Types of school districts generally using this format are:
    Common school districts;
    Community unit and community consolidated school districts formed on or after January 1, 1975;
    Community unit school districts formed prior to January 1, 1975 that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11A‑8 (now repealed);
    Community unit, community consolidated and combined school districts in which more than 90% of the population is in one congressional township;
    High school districts in which less than 15% of the taxable property is located in unincorporated territory; and unit districts (OLD TYPE);
    Combined school districts formed on or after July 1, 1983;
    Combined school districts formed before July 1, 1983 and community consolidated school districts that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11B‑7 (now repealed).) OFFICIAL BALLOT FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE AN UNEXPIRED 2‑YEAR TERM VOTE FOR .... ( ) ....................................... ( ) ....................................... ( ) ....................................... FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE A FULL 4‑YEAR TERM VOTE FOR .... ( ) ....................................... ( ) ....................................... ( ) .......................................
(FORMAT 3
    Ballot position for incorporated and unincorporated areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9‑11.1 and 9‑11.2.
    This format is used by community unit, community consolidated and combined school districts when the territory is less than 2 congressional townships, or 72 square miles, but consists of more than one congressional township, or 36 square miles, outside of the corporate limits of any city, village or incorporated town within the school district. The School Code requires that not more than 5 board members shall be selected from any city, village or incorporated town in the school district. At least two board members must reside in the unincorporated area of the school district.
    Except for those community unit school districts formed before January 1, 1975 that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11A‑8 (now repealed) and except for combined school districts formed before July 1, 1983 and community consolidated school districts that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11B‑7 (now repealed), this format applies to community unit and community consolidated school districts formed prior to January 1, 1975 and combined school districts formed prior to July 1, 1983.) OFFICIAL BALLOT     Instructions to voter: The board of education shall be composed of members from both the incorporated and the unincorporated area; not more than 5 board members shall be selected from any city, village or incorporated town.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, NOT MORE THAN .... MAY BE ELECTED FROM THE INCORPORATED AREAS. FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE AN UNEXPIRED 2‑YEAR TERM THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS. VOTE FOR A TOTAL OF .... ................... Area
           ( )   ...........................
           ( )   ...........................
................... Area
           ( )   ...........................
           ( )   ...........................FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE A FULL 4‑YEAR TERM VOTE FOR A TOTAL OF .... ................... Area
           ( )   ...........................
           ( )   ...........................
................... Area
           ( )   ...........................
           ( )   ...........................
 
(FORMAT 4
    Ballot position for township areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9‑11.1 and 9‑11.2.
    Except for those community unit school districts formed prior to January 1, 1975 that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11A‑8 (now repealed) and except for those combined school districts formed before July 1, 1983 and community consolidated school districts that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11B‑7 (now repealed), this format applies to community unit and community consolidated school districts formed prior to January 1, 1975 and combined school districts formed prior to July 1, 1983 when the territory of the school district is greater than 2 congressional townships, or 72 square miles. This format applies only when less than 75% of the population is in one congressional township. Congressional townships of less than 100 inhabitants shall not be considered for the purpose of such mandatory board representation. In this case, not more than 3 board members may be selected from any one congressional township.) OFFICIAL BALLOT     Instructions to voter: Membership on the board of education is restricted to a maximum of 3 members from any congressional township.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL TOWNSHIP.
    NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
    NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
    NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
    (Include each remaining congressional township in district as needed) FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE AN UNEXPIRED 2‑YEAR TERM THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS. VOTE FOR A TOTAL OF ....      Township .............. Range ................ ( ) ............................ ( ) ............................      Township .............. Range ................ ( ) ............................ ( ) ............................ FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE A FULL 4‑YEAR TERM VOTE FOR A TOTAL OF ....      Township .............. Range ................ ( ) ............................ ( ) ............................      Township .............. Range ................ ( ) ............................ ( ) ............................
(FORMAT 5
    Ballot position for township areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9‑11.1 and 9‑11.2.
    Except for those community unit school districts formed before January 1, 1975 that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11A‑8 (now repealed) and except for those combined school districts formed before July 1, 1983 and community consolidated school districts that elect board members at large and without restriction by area of residence within the district under subsection (c) of Section 11B‑7 (now repealed), this format is used by community unit and community consolidated school districts formed prior to January 1, 1975, and combined school districts formed prior to July 1, 1983, when the territory of the school district is greater than 2 congressional townships, or 72 square miles and when at least 75%, but not more than 90%, of the population resides in one congressional township. In this case, 4 school board members shall be selected from that one congressional township and the 3 remaining board members shall be selected from the rest of the district. If a school district from which school board members are to be selected is located in a county under township organization and if the surveyed boundaries of a congressional township from which one or more of those school board members is to be selected, as described by township number and range, are coterminous with the boundaries of the township as identified by the township name assigned to it as a political subdivision of the State, then that township may be referred to on the ballot by both its township name and by township number and range.) OFFICIAL BALLOT     Instructions to voter: Membership on the board of education is to consist of 4 members from the congressional township that has at least 75% but not more than 90% of the population, and 3 board members from the remaining congressional townships in the school district.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL TOWNSHIP. FOR MEMBER OF THE BOARD OF EDUCATION TO SERVE AN UNEXPIRED 2‑YEAR TERM FROM (name)........ TOWNSHIP ..... RANGE ..... VOTE FOR ONE ( ).......................... ( ).......................... FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE A FULL 4‑YEAR TERM VOTE FOR .... ..... shall be elected from (name)...... Township ..... Range ...... (name)....... TOWNSHIP ..... RANGE ..... ( ) ............................ ( ) ............................ VOTE FOR .... ...... board members shall be elected from the remaining congressional townships. The Remaining Congressional Townships        ( ) ............................ ( ) ............................
(FORMAT 6
    Ballot position for candidates shall be determined by the order of petition filing or lottery held pursuant to Section 9‑11.1.
    This format is used by school districts in which voters have approved a referendum to elect school board members by school board district. The school district is then divided into 7 school board districts, each of which elects one member to the board of education.) OFFICIAL BALLOT DISTRICT ....... (1 through 7) FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE AN UNEXPIRED 2‑YEAR TERM VOTE FOR ONE ( ) ..................................... ( ) ..................................... ( ) ..................................... (‑OR‑)OFFICIAL BALLOT DISTRICT ....... (1 through 7) FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE A FULL 4‑YEAR TERM VOTE FOR ONE ( ) ..................................... ( ) ..................................... ( ) ..................................... REVERSE SIDE: OFFICIAL BALLOT DISTRICT ....... (1 through 7) (Precinct name or number) School District No. ......, ........... County, Illinois Election Tuesday (insert date) (facsimile signature of Election Authority) (County)
(FORMAT 7
    Ballot position for incorporated and unincorporated areas shall be determined by the order of petition filing or lottery held pursuant to Sections 9‑11.1 and 9‑11.2.
    This format is used by high school districts if more than 15% but less than 30% of the taxable property is located in the unincorporated territory of the school district. In this case, at least one board member shall be a resident of the unincorporated territory.) OFFICIAL BALLOT     Instructions to voter: More than 15% but less than 30% of the taxable property of this high school district is located in the unincorporated territory of the district, therefore, at least one board member shall be a resident of the unincorporated areas.
 
    ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA. FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE AN UNEXPIRED 2‑YEAR TERM THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS. VOTE FOR A TOTAL OF .... ................... Area
           ( )   ...........................
           ( )   ...........................
................... Area
           ( )   ...........................
           ( )   ...........................FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE A FULL 4‑YEAR TERM VOTE FOR A TOTAL OF .... ................... Area
           ( )   ...........................
           ( )   ...........................
................... Area
           ( )   ...........................
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