2016-2017
ELECTION
MANUAL
for
Educational Institutions
www.edlawyer.com
SCARIANO, HIMES AND PETRARCA, CHTD.
We welcome this opportunity to tell you about our firm.
PRACTICE AREAS
Because of the number of school district clients represented by the Firm, our attorneys’
experience is necessarily broad. We provide legal counsel and advice in all areas of school law
including the following areas: labor negotiations; contract administration; client representation
relative to unfair labor practice charges, including interest and grievance arbitrations;
employment discrimination defense; alien employees and students; state and federal litigation;
school finance; school construction contracts and architects’ contract review; teacher discipline
and dismissal proceedings; student discipline proceedings; student residency; defense of tax
objections; property assessment proceedings; school personal injury; unemployment
compensation; workers’ compensation defense; school election matters; and school
desegregation matters.
NO COST SERVICES PROVIDED
Our firm provides a number of free services to its clients, including publications, in- service
training sessions and client seminars. The Firm’s publications include (for more detail, please
visit our “News and Publications” web page):
•
e-Blackboard – Periodic memoranda informing clients of relevant changes in the
law.
•
Newsletter - a quarterly newsletter offering comments on topics in school law.
•
Election Law Manual – a biennial publication apprising clients of laws related to
school board member and referenda elections.
The Firm also offers two annual “School Law Seminars,” to which all clients are invited
to attend, free of charge. The first seminar is intended to address areas of particular interest to
board members. The second seminar is intended to address the day-to-day operational issues
encountered by school administrators. The Firm also occasionally offers other seminars, including
those related to new laws affecting school administrators, or those geared toward administrators
and their day-to-day tasks. Last, the Firm offers five free hours of in-service training annually.
The training may be divided between administrators and board members, and is available on
numerous topics.
OUR PHILOSOPHY AND COMMITMENT
We serve you in the same way we would like to be represented. We understand that each
client has specific goals and objectives. We will help examine every available option, so that
you can make informed decisions. Your legal needs are our priority; accordingly, we promptly
respond to your inquiries and questions. We advocate preventive law over crisis management
and we pride ourselves on our ability to provide the legal services that you need, when you need
them, with the highest degree of professionalism.
PREFACE
Scariano, Himes and Petrarca, Chtd. is pleased to present you with the 2016-2017 Election
Manual for Educational Institutions. Scariano, Himes and Petrarca, Chtd. has been biennially
publishing the Manual since 1983.
We have compiled provisions from the Illinois Election Code (10 ILCS 5/1-1 et seq.); the
Illinois School Code (105 ILCS 5/1-1 et seq.); and the Illinois Public Community College Act (110
ILCS 805/1-1 et seq.) relevant to elections affecting educational institutions. The Manual is intended
as a guide to our clients, and focuses on election-related responsibilities. In compiling this Manual,
we have included information made available through the State Board of Elections and we herein
acknowledge the guidance provided.
SCARIANO, HIMES AND PETRARCA
ATTORNEYS AT LAW * CHARTERED
i
INTRODUCTORY NOTES
SCHOOL DISTRICTS NO LONGER HAVE ANY RESPONSIBILITIES FOR SCHOOL
BOARD MEMBER ELECTIONS
Public Act 98-115 took away all of the duties of school districts regarding the election of
board members. For past elections, school districts received nomination papers and objections to
those papers, conducted lotteries, heard objections, accepted nomination withdrawals, and
certified candidates to the county clerk. Starting with the April 7, 2015 election, school
districts will have none of those responsibilities. Instead, they are performed by the county clerk,
or for some counties, the county board of election commissioners. Although school districts no
longer have responsibilities for board member elections, they still have responsibilities regarding
referenda.
In light of the changes to school districts’ responsibilities regarding school board member
elections, we provide this manual to make clear what duties school districts no longer perform
and what duties they retain, and to assist school districts in informing candidates of the new
procedures and answering questions about them.
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ELECTION MANUAL FOR EDUCATIONAL INSTITUTIONS
TABLE OF CONTENTS
PAGE
I.
TERMS OF BOARD MEMBERS .................................................................................... 1
II.
SCHEDULE OF ELECTIONS FOR EDUCATIONAL INSTITUTIONS ....................... 1
A.
B.
REGULAR SCHEDULE OF ELECTIONS ............................................................ 1
EXCEPTIONS ...................................................................................................... 2
1.
2.
III.
EMERGENCY REFERENDA .................................................................. 2
COURT-ORDERED NEW ELECTIONS ................................................. 2
REGISTRATION AND VOTER IDENTIFICATION ..................................................... 2
A.
B.
C.
REGISTRATION .................................................................................................. 2
NOTICE OF BOUNDARY CHANGES ............................................................... 4
POLL LISTS (OR POLL SHEETS) ..................................................................... 4
IV.
APPOINTMENT OF SCHOOL BOARD SECRETARY DESIGNEE NO
LONGER NECESSARY .................................................................................................. 4
V.
NOMINATION PAPERS AND OBJECTIONS .............................................................. 5
A.
NOMINATION PAPERS ..................................................................................... 5
1.
2.
3.
4.
5.
6.
B.
QUALIFICATIONS ................................................................................. 5
PETITION.................................................................................................. 5
ACCOMPANYING DOCUMENTS ........................................................ 6
TIME OF FILING ..................................................................................... 7
NEW PLACE FOR FILING ..................................................................... 7
ACCEPTANCE OF FILED NOMINATION PAPERS ........................... 8
OBLIGATIONS OF THE SECRETARY OF THE BOARD OF EDUCATION .. 8
1.
NOTICE OF PLACE OF FILING ............................................................. 8
2.
3
C.
OBJECTIONS AND HEARINGS ....................................................................... 10
1.
2.
3.
D.
VI.
NOTIFICATION TO CANDIDATES ABOUT OBLIGATIONS UNDER
THE CAMPAIGN FINANCING ACT ..................................................... 9
SIMULTANEOUS PETITION FILING ................................................. 10
ELECTORAL BOARDS ........................................................................ 11
PLACE OF HEARING ............................................................................ 11
BOARD’S DECISION ............................................................................ 12
WITHDRAWAL OF NOMINATION PETITIONS ........................................... 12
CERTIFICATION OF CANDIDATES ........................................................................... 13
A.
B.
CERTIFICATION OF CANDIDATES IN GENERAL ...................................... 13
ADDITIONAL CERTIFICATION REQUIREMENTS...................................... 13
VII.
PROHIBITED ELECTION ACTIVITIES ...................................................................... 14
VIII.
ELECTION ADMINISTRATION ................................................................................. 15
IX.
CANVASS AND PROCLAMATION OF RESULTS .................................................... 16
A.
B.
C.
D.
X.
RECOUNTS AND CONTESTS ..................................................................................... 19
A.
B.
XI.
DISCOVERY RECOUNTS................................................................................. 19
ELECTION CONTESTS ..................................................................................... 19
VACANCIES AND SPECIAL ELECTIONS ................................................................. 20
A.
B.
XII.
CANVASS PROCEDURES ................................................................................ 16
WRITE-IN CANDIDATES ................................................................................. 17
THE REORGANIZATION MEETING .............................................................. 17
MANDATORY TRAINING FOR ALL ELECTED BOARD MEMBERS ....... 18
VACANCIES IN OFFICE ................................................................................... 20
PROCEDURES FOR FILLING VACANCIES .................................................. 21
PUBLIC QUESTIONS (REFERENDA) ......................................................................... 22
A.
IN GENERAL ...................................................................................................... 22
B.
C.
D.
E.
F.
G.
H.
I.
QUESTIONS HAVING LEGAL EFFECT ......................................................... 22
ADVISORY QUESTIONS.................................................................................. 23
PLACE FOR FILING PETITION ....................................................................... 23
TIME OF PETITION FILING OR ADOPTION OF BOARD RESOLUTION . 23
“BACK-DOOR” REFERENDA .......................................................................... 24
SCHOOL BOARD SECRETARY’S OR DESIGNEE’S DUTIES WHEN A
PETITION IS FILED ........................................................................................... 25
CERTIFICATION ............................................................................................... 25
OBJECTIONS...................................................................................................... 26
1.
2.
J.
K.
MEMBERS OF THE ELECTORAL BOARD ........................................ 27
PLACE FOR CONDUCTING ELECTORAL BOARD HEARINGS .... 27
DISCOVERY RECOUNTS................................................................................. 27
EMERGENCY REFERENDA ............................................................................ 27
XIII. RETENTION AND DISPOSAL OF ELECTION RECORDS ........................................ 28
XIV. COST OF ELECTIONS ................................................................................................... 28
CONSOLIDATED ELECTION APRIL 4, 2017 OFFICES TO BE ELECTED ......................... 29
CONSOLIDATED ELECTION APRIL 4, 2017 TIMELINE ..................................................... 31
CAMPAIGN FINANCE CALENDAR DECEMBER 2016 QUARTERLY REPORT
OCTOBER 1, 2016 THRU DECEMBER 31, 2016 ..................................................................... 34
CAMPAIGN FINANCE CALENDAR CONSOLIDATED ELECTION APRIL 4, 2017.......... 35
CAMPAIGN FINANCE CALENDAR MARCH QUARTERLY REPORT JANUARY 1,
2017 THRU MARCH 31, 2017 ................................................................................................... 36
CAMPAIGN FINANCE CALENDAR JUNE QUARTERLY REPORT APRIL 1,
2017 THRU JUNE 30, 2017 ........................................................................................................ 37
I.
TERMS OF BOARD MEMBERS
Terms of office for members of boards of education are for four years unless a seat has been
rendered vacant by resignation or removal of a board member. The School Code also makes
it possible for boards of education to fix the term of office of its members at six years instead of
four, provided that the electorate approves such action at a referendum conducted at a regular school
board election. (School Code, Sections 9-5, 10-10.)
Members of the board of trustees for a community college district serve for a term of six
years. (Public Community College Act, Section 3-7.)
Members of township boards of school trustees serve for a term of six years. (School
Code, Sections 5-13, 5-14.) Members of regional boards of school trustees also serve for a term of
six years. (School Code, Section 6-17.)
II.
A.
SCHEDULE OF ELECTIONS FOR EDUCATIONAL INSTITUTIONS
REGULAR SCHEDULE OF ELECTIONS
All school board elections, community college board elections and board of school trustees’
elections are held on the first Tuesday in April of each odd-numbered year, except when postponed
to avoid a conflict with Passover. (Election Code, Sections 2A-48, 2A-1.1(b).) The 2017 election
will be conducted on April 4, 2017.
Because public question referenda may be submitted at only one of the four regularly
scheduled elections (except in emergencies), the dates on which those regular elections are held are
given below:
In even-numbered years:
The 3rd Tuesday in March (general primary), and the
1st Tuesday after the 1st Monday in November (general
election). The next general primary will be conducted
on March 20, 2018, and the next general election for
referendum purposes will be conducted on
November 6, 2018. (Referenda will be conducted at
the November 8, 2016 election but by the time you
receive this Manual it will be too late to initiate
referenda for that election.)
1
In odd-numbered years:
The last Tuesday in February (consolidated
primary), and the 1st Tuesday in April (consolidated
election). The 2017 consolidated primary will be
conducted on February 28, 2017.
The 2017
consolidated election will be conducted on April 4,
2017.
(Election Code, Section 2A-1.1.)Because referenda may only be held where a candidate is on the
ballot in some part of the district (Election Code, Section 28-1), a school referendum may not always
be held at a consolidated primary election.
B.
EXCEPTIONS
1.
EMERGENCY REFERENDA
Emergency referenda are available to boards of education and boards of trustees only
where circumstances beyond the control of the board create an immediate need for additional
authority (e.g., taxing, bonding) to maintain its operations or facilities. Emergency referenda
provisions are explained in greater detail later in this Manual. (Section XII (K), p.27.)
2.
COURT-ORDERED NEW ELECTIONS
In the event a court voids a school board election, it may order a new election on another
date without regard to the statutory schedule. (Election Code, Section 2A-1 (e).)
Expenses for conducting a special court-ordered election or emergency referendum are
charged to the school district. (Election Code, Sections 17-30, 17-32, 17-33, 18-18.)
III.
REGISTRATION AND VOTER IDENTIFICATION
Historically, educational institutions have not had any part in the voter registration process,
however, that has changed for the last few elections as the State has made an effort to register more
voters.
A.
REGISTRATION
Under the Election Code, voter registration is required for all elections. All community
colleges must include downloadable, printable voter registration forms on their websites. They
also must include voter registration information and a voter registration form with any student
registration materials mailed to an Illinois address and provide the same to each person who registers
in person. (Election Code, Section 1A-17.) Upon receiving a written request by 1) the principal,
or a qualified person designated by the principal, of any high school or elementary school, or 2)
the president, or a qualified person designated by the president, of any community college, the
county clerk or board of election commissioners shall appoint the person making the request as a
deputy voter registrar. Such deputy voter registrars may accept, at the school or community
college, the registration of any qualified resident of the State. In addition to school principals and
community college presidents, requests to be appointed deputy voter registrars may be submitted
2
by chief librarians, elected officials of labor organizations, elected officials of State civic
organizations, the Directors of the Illinois Departments of Health Care and Family Services and
Employment Security, and the president of any corporation. (Election Code, Sections 4-6.2, 516.2, 6-50.2.) Deputy registrars are appointed for two-year terms. Completed registration materials
must be returned to the county clerk or board of election commissioners 1) by first class mail within
two business days or personal delivery within seven calendar days except 2) when received between
the 35th and 28th days preceding an election, within 48 hours of receipt, or 3) when received on
the 28th day preceding an election, within 24 hours of receipt. (Election Code, Section 4-6.2.)
Registration will close 27 days (35 days if precinct registration is conducted) before the
consolidated primary and consolidated election of odd-numbered years, as well as before the general
primary and general election of even-numbered years. (Election Code, Section, 4-6.2 for counties
of less than 500,000; Section 5-5 for counties of 500,000 or more.)
Section 3-1 of the Election Code prescribes who is entitled to vote in all elections in Illinois:
“Every person (i) who has resided in this State and in the election district 30 days next preceding
any election therein, or (ii) who has resided in and is registered to vote from the election district 30
days next preceding any election therein and has moved to another election district in this State
within said 30 days and has made and subscribed to the affidavit provided in paragraph (b) of
Section 17-10 of this Act, or (iii) who has resided in and is registered to vote from the election
district 30 days next preceding any election therein and has not moved to another residence but
whose address has changed as a result of implementation of a 9-1-1 emergency telephone system
and has made and subscribed to the affidavit provided in subsection (a) of Section 17-10, and who
is a citizen of the United States, of the age of 18 or more years is entitled to vote at such election
for all offices and on all propositions. Any military establishment within the boundaries of
Illinois is “in this State’ even though the government of the United States may have exclusive
jurisdiction over such establishment.”
Note, however, that Section 3-2(b) of the Election Code provides that homeless individuals
need not have a permanent abode, but only a “mailing address” which constitutes his/her
residence to qualify to register to vote.
In counties having a population of 500,000 or more, the offices of city, village, incorporated
town and town clerks shall be open for the purpose of registering voters on all days on which the
office of the county clerk is open for the registration of voters of such cities, villages, incorporated
towns, and townships. (Election Code, Section 5-5.)
Check also with the appropriate registrar as to the procedure for registering persons who
are physically unable to appear at any appointed place of registration.
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B.
NOTICE OF BOUNDARY CHANGES
The boundary lines of school districts may be changed by the following events:
Annexation of new territory;
Disconnection of existing territory; or,
Merger of two or more districts.
The county clerk or board of election commissioners, as the case may be, is required to
maintain permanent records of the boundaries of all school districts partially or wholly within
his/her or its jurisdiction. Therefore, no later than five days after adoption of any such boundary
change, whether by referendum or otherwise, the board of education shall give notice of the
change to each county clerk or board of election commissioners having jurisdiction over any of the
former or new territory in its school district. This notice shall indicate the effective date and contain
a description of the boundary change. (Election Code, Sections 4-21, 5-28.1, 6-31.1.)
The State Board of Elections recommends that a map of the school district showing the
territory affected by the boundary change accompany such notice.
C.
POLL LISTS (OR POLL SHEETS)
Prior to the school board election in April of each odd-numbered year, the county clerk or
the board of election commissioners must compile and make available to the public a “list of
registrants” popularly referred to as “Poll Sheets” or “Poll Lists,” i.e., an up-to-date listing of the
names and addresses of all registered voters, by precinct, usually one precinct to a sheet. These
lists are issued, free of charge, to anyone making a request, in reasonable numbers, although you
may be requested to pick them up at the clerk’s office. Requestors must indicate the township
and precinct numbers for the desired lists. Candidates for office find these lists to be an invaluable
aid when circulating nomination petitions and when campaigning. It should be noted that Sections
3-1 and 3-1.2 of the Election Code provide that some addresses of registered voters may have been
changed as part of the implementation of a 9-1-1 emergency system. These people are still
considered registered to vote.
IV.
APPOINTMENT OF SCHOOL BOARD SECRETARY DESIGNEE NO LONGER
NECESSARY
In the past, the board of education appointed a designee for the board secretary to accept
nomination papers and objections and to certify the candidates to the county clerk or the board of
election commissioners. Appointing a designee for the board secretary is no longer necessary
because board candidate nomination papers and objections are filed with the county clerk or the
county board of election commissioners instead of with the board secretary. (School Code,
Section 9-10.)
4
V.
NOMINATION PAPERS AND OBJECTIONS
A.
NOMINATION PAPERS
1.
QUALIFICATIONS
The qualifications for membership on a board of education are: the board member “on the date
of his or her election, shall be a citizen of the United States of the age of 18 years or over, shall be
a resident of the State and the territory of the district for at least one year immediately preceding
the election, shall be a registered voter as provided in the general election law, shall not be a
school trustee and shall not be a child sex offender.” (School Code, Section 10-10.) The same
qualifications are required for membership on a school board of directors. (School Code, Section
10-3.)
2.
PETITION
The form, content, number of signatures, and other petition requirements are governed by
Section 9-10 of the School Code. The secretary of the board of education may have petition
forms available for issuance to potential candidates. The Illinois State Board of Elections petition
form for school board candidates has been amended to reflect that it is filed with the county clerk or
county board of election commissioners. We recommend that if the school district makes
nomination petitions available, candidates be given that form which indicates “Revised May,
2014” in the upper right hand corner. (Be very careful about supplying forms procured from
commercial sources as they may not be up to date.)
The Election Code includes requirements for candidates who have changed their names
within three years before the last day for filing nomination papers. Those requirements do not
apply to candidates who have changed their names because of:
a.
adoption to assume an adoptive parent’s or parents’ surname;
b.
marriage to assume a spouse’s surname; or,
c.
divorce or declaration of invalidity of marriage to assume a former surname.
Candidates who have changed their names, either by a statutory or common-law
procedure, within the previous three years for reasons other than those discussed above, must:
a.
after stating their names on the nomination papers, include “formerly known as
(list all prior names used during the 3-year period) until name changed on (list
date of each such name change)”; and
b.
include with their nomination papers an affidavit stating the candidates’ previous
names during the previous three years and the date or dates each of those names
was changed.
5
Failure to comply with these requirements is grounds for denying certification of the
candidate’s name for the ballot or for removing the candidate’s name from the ballot. (Election
Code, Section 10-5.1.)
At least 50 voters or 10% of the voters of the school district, whichever is less, must sign
the petition for nomination. (Candidates for the office of school director must be nominated by a
petition signed by at least 25 voters or 5% of the voters, whichever is less.)
If the ballot will contain a two year term to fill a vacancy (or a four year term to fill a
community college board vacancy), the circulated petition sheets must specify whether the
candidate seeks election for a full term or to fill the vacancy. A petition may not be circulated more
than 90 days before the last day for the filing of the petition. (Election Code, Section 10-4.) The
first day that petitions for the April 4, 2017 election may be circulated is September 20, 2016.
Petitions must “be neatly fastened together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable manner, and the sheets shall then be
numbered consecutively. The sheets shall not be fastened by pasting them together end to end,
so as to form a continuous strip or roll. All petition sheets which are filed with the proper local
election officials… shall be the original sheets which have been signed by the voters and by the
circulator, and not photocopies or duplicates of such sheets.” Each circulated petition sheet must
contain the same information in the heading. Once filed, circulated petition sheets cannot be altered
in any way. (Election Code, Section 10-4.)
3.
ACCOMPANYING DOCUMENTS
Other documents must be filed along with the candidate’s circulated petition sheets for
the candidate’s name to be certified for inclusion on the ballot. Those documents are the Statement
of Candidacy and the receipt indicating the candidate filed his/her Statement of Economic Interests.
In addition, the optional Loyalty Oath may be filed.
a.
The Statement of Candidacy must be subscribed and sworn to by the candidate
before some officer authorized to take acknowledgments of deeds in this State.
(Election Code, Section 10-5.) That is typically done before a notary public.
Some school district employees may be notaries. We recommend that they not
notarize the Statement of Candidacy or circulated petition sheets during compensated
time. Like the circulated petition form, the Nonpartisan Statement of Candidacy
can be obtained from the State Board of Elections website.
b.
The Statement of Economic Interests (ethics statement) must be filed with the
county clerk in the calendar year in which the candidate’s nomination papers are
filed. That would be 2016 for the April 4, 2017 election. In the past, school board
members running for re-election had to file a new ethics statement because they filed
their nomination papers in January and their current ethics statement was filed in
the previous year. Those school board members running for re- election no longer
have to file a new ethics statement because they will file their nomination papers in
6
December and the ethics statement they filed earlier in the year will suffice. The
ethics statement must be for the school district or community college to which the
candidate seeks to be elected. It cannot be for another governmental entity. The
candidate must file with the county clerk or county board of election
commissioners, along with the other nominating papers, a receipt showing that the
ethics statement was filed with the county clerk. If such receipt is not filed with the
nomination petition, it must be filed with the county clerk or county board of election
commissioners no later than the last day of the petition filing period. Although
school board members running for re-election do not have to file a new ethics
statement, they still have to file the receipt for the previously filed statement. Please
note that it is not sufficient to file the Statement of Economic Interests or the receipt
with the board secretary, or file the statement with the county clerk but not file the
receipt with the county clerk or county board of election commissioners when filing
the nomination papers. (Election Code, Section 10-5; School Code, Section 9-10.)
c.
Despite the fact that the filing of the Loyalty Oath is required under the Election
Code (Section 10-5), the filing is considered optional because of court precedent
regarding its constitutionality.
4.
TIME OF FILING
The time period for filing board member nomination papers is not more than 113 nor less
than 106 days before the April (consolidated) election in each odd-numbered year. (Election Code,
Section 10-6.) The filing period for the April 4, 2017 election is December 12 to December 19,
2016. The Election Code specifies that the place for filing nomination papers must remain open
until 5:00 p.m. on the last day for filing.
5.
NEW PLACE FOR FILING
In the past, school board candidates filed their nomination petitions with the school board
secretary or his or her designee. Starting with the April 7, 2015 election, nomination petitions
with accompanying documents for the office of member of the board of education must be filed
with the county clerk or the county board of election commissioners if one has been established for
the school district’s county. If a school district is located in two or more counties, nomination
papers are filed with the county clerk or board of election commissioners for the county in which
the school district’s primary office is located. (School Code, Section 9-10.)
Candidates for the office of community college trustee file with the secretary of the board of
trustees or his or her designee. Candidates for the office of township school trustee file with the
township school treasurer. Candidates for the office of regional board of school trustees file with
the county clerk (if single county), or with the State Board of Elections (if multi-county). (School
Code, Sections 5-4, 6-10; Public Community College Act, Section 3-7.10.)
In all newly organized school districts, the nominating papers shall be filed with the regional
superintendent of schools.
7
6.
ACCEPTANCE OF FILED NOMINATION PAPERS
The county clerk or the county board of election commissioners, shall receive and file
only those nominating papers that include:
a.
Statement of Candidacy;
b.
Petitions having the required number of signatures;
c.
Petitions bearing the notarized signatures of the petition circulators; and
d.
A receipt from the county clerk showing the candidate filed a Statement of
Economic Interests. The receipt does not have to be filed at the same time as the
nomination papers. However, the receipt must be filed by the last day for filing the
nomination papers. Reminder: This receipt must be filed even if the statement
itself was filed earlier in the calendar year.
In addition to receiving the nomination papers, the county clerk or county board of election
commissioners also must acknowledge to candidates in writing their acceptance of the candidates’
nominating papers.
B.
OBLIGATIONS
EDUCATION
OF
THE
SECRETARY
1.
NOTICE OF PLACE OF FILING
OF
THE
BOARD
OF
There is no requirement that school districts post notice of the place for filing board
member nomination papers. However, given that the board member nomination papers are now
filed with the county clerk or county board of election commissioners, we recommend that
school districts post a notice at the school district’s administrative office and on its website. We
recommend the following as the form of the notice:
8
NOTICE OF FILING PETITIONS FOR
NOMINATION OF CANDIDATES
FOR ELECTION TO THE BOARD OF EDUCATION,
SCHOOL DISTRICT NUMBER . . .,
… COUNTY, ILLINOIS
NOTICE IS HEREBY GIVEN that candidates for membership on the Board of
Education of School District Number …., ……..County, Illinois, to be voted for at the election to
be held on April …, ….., shall file their petitions for nomination and other required documents
with the County Clerk of ………. County, (or in counties with a county board of election
commissioners, with the County Board of Election Commissioners of ………. County)
There will be …. openings on the Board of Education to fill full terms, and ….openings
to fill vacant terms.
The first day for the filing of nomination papers for the said election is……, ….. and the
last day for the filing of said nomination papers is ………., …. Candidates should contact the
County Clerk’s Office (or the County Board of Election Commissioner’s office) for the times
and place(s) for filing nomination papers.
By order of the Board of Education,
School District Number ….,
………….. County, Illinois.
Dated: ……………………..
…………………………………………….
Secretary, Board of Education,
School District Number ….,
…………… County, Illinois.
2.
NOTIFICATION TO CANDIDATES ABOUT OBLIGATIONS UNDER THE
CAMPAIGN FINANCING ACT
In the past, the board secretary had to notify the candidates for whom nomination papers
were filed of their obligations under the Campaign Financing Act. (Election Code, Sections 916, 10-6.1.) The notice was given on a D-5 form prescribed by the State Board of Elections.
School board secretaries no longer have to notify candidates about the Campaign Financing Act.
9
3
SIMULTANEOUS PETITION FILING
In the past, the secretary of the board of education had the responsibility of conducting a
lottery in the event that nominating petitions were filed simultaneously. Starting with the April
2015 election, the lottery will be conducted by the county clerk or, where applicable, the county
board of election commissioners. For community college districts, the secretary of the board of
trustees still conducts the lottery.
All petitions filed by persons waiting in line at the office designated to receive such
filings as of 8:00 a.m., or the normal opening hour of the office, on the first day of filing, are
considered to be simultaneously filed as of 8:00 a.m. or the opening hour, as the case may be.
Petitions filed by mail and received after midnight of the first day of filing, in the first mail
delivery or pickup on the first day of filing, are deemed simultaneously filed as of 8:00 a.m. or
the opening hour of such office, as the case may be. (School Code, Section 9-11.1; Election
Code, Section 10-6.2.)
Note that separate lotteries are to be held for simultaneously filed petitions for unexpired
terms (vacancies) and for full terms of office. (School Code, Section 9-11.1; Election Code,
Section 10-6.2.)
All petitions received after those that are simultaneously filed are filed in the order of
actual receipt except for those filed within the last hour on the last day for filing. Starting with
the April 7, 2015 election, there will also be a lottery to determine the ballot order for candidates
who file petitions in that final hour. (School Code, Section 9-11.1; Election Code, Section 106.2.) Both kinds of lotteries must be conducted within nine calendar days of the last day for filing
nomination petitions. The last day to conduct a lottery for the April 4, 2017 election is
December 28, 2016.
C.
OBJECTIONS AND HEARINGS
Objections to nomination petitions may be made in writing by “any legal voter” of the
district. In the past, objections to candidate nomination petitions were filed with the secretary of
the board of education or the board of community college trustees. However, starting with the
April 2017 election, objections to the nomination petitions of candidates for boards of education are
filed where the nomination papers were filed, either the county clerk or the county board of election
commissioners. Objections to the nomination papers of candidates to community college boards of
trustees are still filed with the secretary of the board of community college trustees. (Election
Code, Section 10-8.)
The filing period for objections is the five business days after the last day for filing
nomination papers. The last day for filing nomination papers is Monday, December 19, 2016
for the April 4, 2017 election. Christmas falls within the objection filing period but is on a Sunday.
However, it will be observed on Monday, December 26, 2016. The first day for filing objections
is Tuesday, December 20, 2016. The last day for filing objections is Tuesday, December 27, 2016.
10
“The objector’s petition shall give the objector’s name and residence address, and shall state
fully the nature of the objections to the...nomination papers or petitions in question, and shall
state the interest of the objector and shall state what relief is requested of the electoral board.”
Starting with the April 2015 election, objectors must file an original and two copies of their
objections. The Election Code specifies that the objections are not to be accepted if two copies
are not included. (Election Code, Section 10-8.)
1.
ELECTORAL BOARDS
The members of the electoral boards that are designated to hear and pass upon objections to
petitions of candidates for school board, school trustee, and community college offices are as
follows:
a.
County Officers Electoral Board
(1)
Jurisdiction: School districts, county boards of school trustees and special
districts situated in more than one county. If a school district is located in more than one county,
the county officer’s electoral board of the county in which the principal office of the district is
located has jurisdiction to hear and pass upon objections.
(2)
Composition: County Clerk (chairperson), Clerk of the Circuit Court of
the County, and State’s Attorney or their designees. In any county having a county board of
election commissioners, that board shall constitute the county electoral board.
b.
Education Officers Electoral Board
(1)
Jurisdiction: Community college districts.
(2) Composition: Presiding officer of the community college board, the secretary
of the community college board and the community college board member having the longest term
of continuous service.
2.
PLACE OF HEARING
Community college electoral board hearings may be conducted where the community
college boards hold their regular meetings. The county officers’ electoral board is supposed to
meet at the county courthouse, but in some counties rooms in other county buildings are designated
courtrooms for electoral board purposes by the chief judges.
11
3.
BOARD’S DECISION
The electoral board’s decision must be served on the parties at an open meeting of the
electoral board. This requirement is not met if the electoral board adjourns before the decision is
served on all of the parties at the hearing. If a party does not appear at the hearing to receive a
copy of the decision, the decision is deemed served on that party on the date a copy is personally
served on him or her, or on the date when a copy is deposited in the United States mail addressed
to each party or to their attorneys of record. (Election Code, Section 10-10.)
A candidate or objector may seek judicial review of an electoral board decision in the
county in which the electoral board hearing was held. The petition for judicial review must be
filed with the circuit court clerk within five calendar days after service of the decision. However, if
the first or last day of that period falls on a State holiday or a Saturday or Sunday, the filing period
is extended to the next business day. The party seeking judicial review must serve a copy of the
petition on the electoral board and other parties by registered or certified mail within the same fiveday period. (Election Code, Section 10-10.1.)
D.
WITHDRAWAL OF NOMINATION PETITIONS
Nomination petitions may be withdrawn up to the date of certification of candidates for the
ballot, i.e., 68 days before the election. The last day to withdraw nomination petitions for the April
4, 2017 election is January 26, 2017.
A withdrawal must be in the form of a signed, dated and notarized statement. The statement
must be filed where the nomination petition was filed, either with the county clerk or the county
board of election commissioners.
“If the name of the same person has been presented as a candidate for 2 or more offices
which are incompatible so that the same person could not serve in more than one of such offices if
elected, that person must withdraw as a candidate for all but one of such offices within the five
business days following the last day for petition filing. If he fails to withdraw as a candidate for all
but one of such offices within such time, his name shall not be certified, nor printed on the ballot,
for any office.” (Election Code, Section 10-7; School Code, Section 9-10.)
A candidate who has petitioned for nomination to fill a full term and to fill a vacant term, or
for election to the school board and for election to an office that is incompatible with the office
of school board member, must withdraw his or her petition for nomination from either the full term
or the vacant term school board member position, or from the school board or the incompatible
position. The last day to withdraw nomination papers for one of these terms or positions for the
April 4, 2017 election is December 27, 2016. (Christmas falls on Sunday, December 25, 2016 and
will be observed on Monday, December 26, 2016.)
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VI.
A.
CERTIFICATION OF CANDIDATES
CERTIFICATION OF CANDIDATES IN GENERAL
In the past, the school board secretary had to certify the names of candidates to the
county clerk or county board of election commissioners so those public officials knew the names of
the candidates that had to be printed on the ballots. Since the candidate nomination petitions are
now filed with the county clerk or the county board of election commissioners, certification by the
board’s secretary is no longer necessary.
The secretary of the board of community college trustees still certifies candidates to the
county clerk or the county board of election commissioners. The secretary must certify the
names of all candidates who filed nomination papers that were accepted by the secretary in the
order filed. The candidates must be certified at least 68 days before the election. Candidates for
the April 4, 2017 election must be certified by January 26, 2017.
If a community college district is situated in two or more counties, the certification shall be
made to the county clerk or board of election commissioners of each county. If the district is situated
partially within a city under the jurisdiction of a board of election commissioners and partially
within the county, the certification shall be made to such board and to the county clerk.
The names of candidates whose nomination papers have been held invalid by the proper
electoral board shall not be certified until the electoral board decision is reversed by a court.
Instead, the candidate’s name is included on the certification form and the words “OBJECTION
SUSTAINED” must be placed under the title of the office sought for that candidate. If objections
are still pending against a candidate’s nomination papers because the electoral board has not
ruled or because the electoral board’s decision is being reviewed by a court, the words
“OBJECTION PENDING” must be placed under the title of the office sought. (Election Code,
Section 10-15.)
B.
ADDITIONAL CERTIFICATION REQUIREMENTS
The certification shall include the following information, if applicable:
1)
The number of members to be elected to each particular office (e.g., "For Member
of the Board of Trustees, 6 year term, 2 to be Elected," etc.);
2)
Where the voter has the right to vote for more than one candidate for an office;
3)
The terms of the office to be on the ballot and when a vacancy is to be filled for
less than a full term; and
4)
The territories or districts in which the candidates must reside when candidates
are not elected district or county wide but are elected from sub-districts.
(Election Code, Section 10-15.)
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VII.
PROHIBITED ELECTION ACTIVITIES
No public funds may be used to urge any elector to vote for or against any candidate or
proposition, or be appropriated for political or campaign purposes to any candidate or political
organization. Public funds may only be used to disseminate factual information. Violators may
face criminal penalties.
Under the Campaign Financing Act, whenever a school district or other entity spends
$5,000 or more on electioneering communications, it must file as a political committee. School
districts are not exempt from this requirement. However, the definition of “electioneering
communication” was amended to include only communications susceptible to no reasonable
interpretation other than an appeal to vote for or against a referendum. Accordingly, school
districts that disseminate only factual information regarding a referendum no longer have to file as
political committees.
The Ethics Act prohibits public officials and employees from engaging in certain prohibited
activities during compensated time other than vacation, personal or compensatory time off.
Employees cannot perform any prohibited activity during compensated time other than vacation,
personal or compensatory time off. Employees cannot use any public property or resources while
engaging in a prohibited activity.
Public officials and employees cannot require a public employee to perform a prohibited
activity as part of the employee’s employment duties, as a condition of employment, during any
compensated time off or in consideration for being awarded extra compensation or benefits.
Prohibited political activities include:
1)
Preparing for, organizing or participating in a political meeting, rally or other
event;
2)
Soliciting political contributions;
3)
Soliciting, planning the solicitation of, or preparing any document or report
regarding, anything of value intended as a campaign contribution;
4)
Planning, conducting, or participating in a public opinion poll for a political
purpose;
5)
Surveying potential or actual voters to determine probable vote outcome;
6)
Assisting at the polls on election day;
7)
Soliciting votes;
8)
Initiating for circulation, preparing for circulation, or filing any petition on behalf
of a candidate or for or against any referendum;
14
9)
Making contributions on behalf of any candidate;
10)
Preparing or reviewing responses to candidate questionnaires;
11)
Distributing, preparing for distribution, or mailing campaign literature, signs or
other materials;
12)
Campaigning for any elective office or referendum;
13)
Managing or working on a campaign for elective office or any referendum;
14)
Serving as a delegate, alternate or proxy to a political convention; and
15)
Participating in any recount or challenge to the outcome of an election.
(5 ILCS 430/1-5, 5-15.)
VIII.
ELECTION ADMINISTRATION
The administration of all elections for members of boards of education or boards of
community college trustees and of all elections relating to referenda is under the supervision of the
county clerk or the board of election commissioners, as the case may be. This includes
publication of all notices of election, establishment of precincts and polling places, appointment of
election judges, preparation of ballots, issuance of poll-watcher or challenger credentials, the
conduct of the election itself and the form and preparation of election returns, etc.
Precinct Maps
It is the responsibility of the county board to prepare maps for each township in the
county showing all precinct boundaries no later than 90 days before each election. Copies of
these maps are usually available free of charge, if requested in reasonable numbers. The maps
shall show the boundaries of all political subdivisions. (Election Code, Section 11-6.)
Ballot Sequence For Political Subdivision Offices
The ballot sequence for political subdivisions in the odd-numbered year April elections shall
be as follows:
At the consolidated election, the ballot for school district offices
shall precede the ballot for community college district offices, and
thereafter the ballot order of the political subdivision officers to be
elected shall be as determined by the election authority.
(Election Code, Section 16-4.1.)
15
Ballot Sequence and School District Referenda
Public questions of a school district shall be placed on the ballot immediately following the
candidates for nomination or election in that school district. However, if a public question of a
school district is certified for a regular election other than the election at which candidates for
offices in that school district are elected, the public question may be placed at the end of the
ballot or wherever feasible, as determined by the county clerk or board of election
commissioners. (Election Code, Section 16-7.)
Polls
Polls are open from 6:00 a.m. to 7:00 p.m. on each election day.
Election Judges Absence From Work
Any person who is appointed an election judge, and who gives his or her employer at
least 20 days written notice, may be absent from work to serve as an election judge. An
employer may not penalize the employee for that absence other than a deduction in salary. An
employer cannot require an employee to use vacation time or any other form of paid leave to serve
as an election judge. Employers do not have to allow more than 10% of their employees to be absent
to serve as election judges. Employers with less than 25 employees do not have to allow any
employees to be absent from work to serve as election judges. (Election Code, Sections 132.5, 14-4.5.)
Employee Absence In Order to Vote
Any employee can be absent from work on election day for up to two hours to vote.
Employees wishing to be absent from work to vote must make an application for the absence
prior to election day. Employers may specify the hours during which employees may be absent,
except that employers must permit a two hour absence during working hours if the employee’s
working hours begin less than two hours after the opening of the polls and end less than two
hours before the closing of the polls. No employee shall be penalized, including a reduction in
compensation, for exercising this privilege. (Election Code, Section 17-15.)
IX.
A.
CANVASS AND PROCLAMATION OF RESULTS
CANVASS PROCEDURES
Within 21 days after the election, the county clerk or the board of election commissioners
must open and canvass the precinct returns and prepare an abstract of the votes received by
candidates for each office voted upon and for the proposition(s) voted upon. (Election Code,
Sections 22-17, 22-18.) The last day for the county clerk or board of election commissioners to
canvass the results of the April 4, 2017 election is April 25, 2017.
16
When two or more candidates receive the highest and equal number of votes for a particular
office, the county clerk or board of election commissioners must conduct a lottery to break the tie
and determine the winner. The county clerk or board of election commissioners shall issue a
written notice to such candidates indicating the time, day and location of the lottery. (Election Code,
Section 22-12.)
The county clerk must prepare and issue a certificate of election to each person declared
elected to office. For school districts situated in two or more counties, the county clerk of the
county in which the principal office of the school district is located shall prepare and issue such
certificates. In school districts under the jurisdiction of a board of election commissioners, such
boards shall prepare and issue certificates to persons declared elected to office in those school
districts for which the board of election commissioners was the canvassing board. (Election
Code, Section 22-18.)
B.
WRITE-IN CANDIDATES
Write-in votes can be counted for only people who filed notarized declarations of intent to
be write-in candidates no later than 61 days preceding the election. The last day for write-in
candidates to file their declarations for the April 4, 2017 election is February 2, 2017. There is
one exception to that requirement. A candidate who has objections sustained against his or her
nomination papers after the 61st day before the election has until seven days before the election to
file a declaration of intent. Declarations must be filed with the county clerk or the board of
election commissioners. The county clerk’s or board of election commissioners’ office must
provide declaration of intent forms. (Election Code, Section 17-16.1.)
Write-in candidates who are declared winners may not take office unless they file a
Statement of Candidacy and a Statement of Economic Interests receipt with the “certifying office or
board.” Since school districts no longer certify candidates, those documents have to be filed with
the county clerk or the county board of election commissioners. (Election Code, Sections 22-1,
22-7.)
C.
THE REORGANIZATION MEETING
After the county clerk or board of election commissioners has canvassed the votes and
certified the winners, but within 28 days after the election, boards of education shall organize by
seating new members, electing their officers and fixing times and a place for regular meetings. They
shall then enter upon the discharge of their duties. Boards of community college trustees also must
reorganize within 28 days after the election. The reorganization meeting for school boards and
community college boards following the April 4, 2017 election must be conducted by May 2, 2017.
(School Code, Section 10-16.)
Board members must take a statutory oath before they are seated. This requirement
covers incumbent board members who are re-elected as well as those elected for the first time.
(School Code, Section 10-16.5.) The oath has to be in substantially the following form:
17
I, (name of member or successful candidate), do solemnly swear
(or affirm) that I will faithfully discharge the duties of the office of
member of the Board of Education (or Board of School Directors, as
the case may be) of (name of school district), in accordance with the
Constitution of the United States, the Constitution of the State of
Illinois, and the laws of the State of Illinois, to the best of my ability.
I further swear (or affirm) that:
I shall respect taxpayer interests by serving as a faithful protector
of the school district’s assets;
I shall encourage and respect the free expression of opinion by my
fellow board members and others who seek a hearing before the
board, while respecting the privacy of students and employees;
I shall recognize that a board member has no legal authority as an
individual and that decisions can be made only by a majority vote
at a public board meeting; and
I shall abide by majority decisions of the board, while retaining the
right to seek changes in such decisions through ethical and
constructive channels.
The president, vice-president and secretary of the board of education are to be elected for a
term of two years, but the board, by resolution, may establish a policy for such terms of office to
be one year. The secretary or secretary pro-tempore may, but need not, be a member of the board
of education. (School Code, Sections 10-13, 10-13.1, 10-14.)
Among other duties, the vice-president of the board of education is to perform the duties of
the president if there is a vacancy in the office of president or in the event of the president’s absence
or inability to act.
If the secretary is not a board member, his or her compensation, if any, must be fixed
before his or her election to that post. If the secretary is a member of the board of education, he or
she cannot receive compensation for undertaking duties associated with that position that exceeds
$500.00 per year. (School Code, Section 10-14.)
D.
MANDATORY TRAINING FOR ALL ELECTED BOARD MEMBERS
All elected board members, including incumbents, must complete at least four hours of
professional training. They must complete the training within a year of taking office. The training
must include instruction on education and labor law, financial oversight and accountability, and
fiduciary responsibilities of school board members. (School Code, Section 10-16a.)
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X.
A.
RECOUNTS AND CONTESTS
DISCOVERY RECOUNTS
Within five days after the last day for the proclamation of the results of the election, any
losing candidate who received votes equal to 95% of the number of votes received by a winning
candidate for the same office may file a petition with the county clerk (or city or county board of
election commissioners, as the case may be) for a discovery recount only.
Where a recount is sought on a public question, five electors must file a petition and the
recount will be permitted only when the losing side would have prevailed had it received an
additional number of votes equal to 5% of the total votes cast on the question.
The petition for discovery shall ask that ballots, ballot cards or voting machines, as the case
may be, be examined and that ballots, recorded votes or ballot cards be counted in specified precincts
not to exceed 25% of the total number of precincts in which the election for the school district or
community college was held. If there are less than four precincts in the jurisdiction, a recount will
be permitted in only one of the precincts. In addition, such petition shall also ask that any
automatic tabulating equipment (e. g., computer program, ballot counting devices, etc.) used in the
election be tested. Such petitions shall be accompanied by a fee of $10.00 per specified precinct.
Three days’ notice in writing of the time and place of the discovery proceedings must be
given to the successful candidate(s) for the office for which the recount is taking place or for the
other side for referenda. Each affected candidate or a representative may attend the discovery
recount. Equal numbers of referenda proponents and opponents can attend the recount.
The county clerk, or board of election commissioners, conducts the discovery recount.
That office examines the ballots, ballot cards, requests for ballots and voting machines and tests
automatic tabulating equipment.
The results of the discovery examination and recount cannot in any way be used to
change the previously declared outcome of the votes. It is simply used as a tool to help a candidate
decide whether to file an action in court to contest the election. The results are not binding in
an election contest. Last, a discovery recount is not a prerequisite for filing an election contest.
(Election Code, Section 22-9.1.)
B.
ELECTION CONTESTS
Article 23 of the Election Code governs the substantive and procedural requirements for
initiating and conducting any election contest.
19
Within 30 days after the county clerk or board of election commissioners proclaims the
results of the election, any losing candidate for office or any qualified voter in the school district or
community college district may contest the election of the winning candidate by filing a complaint
in the circuit court. Notice of the contest must be filed with the county clerk or board of election
commissioners. (Election Code, Section 23-20.) Referenda results may be contested by any five
electors of the district by filing a complaint in the circuit court within 30 days after the results are
proclaimed. (Election Code, Section 23-24.)
The circuit court determines the election contest. However, it has the option of referring
the case to the county clerk or board of election commissioners to recount the ballots, take testimony
or other evidence, and examine election returns. (Election Code, Section 23-23.)
The party contesting the election results must pay the costs of any recount unless the
court annuls the election or declares as elected someone other than the candidate whose election is
contested. (Election Code, Section 23-23.)
If a new election is ordered as a result of an election contest, the date thereof may be set
without regard to the statutory schedule. If a special election is held, the school district pays the
cost of conducting it. (Election Code, Sections 17-30, 17-32, 17-33, 18-18.)
XI.
A.
VACANCIES AND SPECIAL ELECTIONS
VACANCIES IN OFFICE
A vacancy in the office of school board member occurs upon the happening of any of the
following events before the board member’s term of office expires:
1)
death;
2)
resignation (must be in writing and filed with the board secretary);
3)
disability of a member;
4)
ceasing to be an inhabitant of the school district for which he or she was elected;
5)
conviction of an infamous crime, or of any offense which violates the oath taken,
or of a violent crime against a child;
6)
removal from office;
7)
the decision of a competent tribunal declaring his or her election void; or,
8)
ceasing to be an inhabitant of a subdistrict from which he or she was elected.
No elective office, except as provided above, becomes vacant until the successor of the
incumbent of such office has been appointed or elected, as the case may be, and qualified.
(School Code, Section 10-11; Election Code, Section 25-2.)
20
An unconditional resignation from the position of school board member, effective at a
future date, may not be withdrawn after it is received by the officer authorized to receive it.
Such resignation shall create a vacancy in the office of school board member for the purpose of
determining the period that would require an election. The resigning office holder may continue to
hold such office until the date or events specified in such resignation, but no later than the date at
which his or her successor is elected and qualified. (Election Code, Section 25-2.)
B.
PROCEDURES FOR FILLING VACANCIES
School Boards
Vacancies on boards of education are to be filled as follows. Whenever a vacancy
occurs, the remaining members shall notify the regional superintendent within 5 days of the vacancy
and shall then proceed to fill the vacancy.
If 868 days or more remain in the term and if the vacancy occurs 88 days or more before
the next regularly scheduled election for school board members, the office shall be filled with an
appointed successor until that election, at which time a successor will be elected to serve the
unexpired portion of the term.
However, if less than 868 days remain in the term, or if the vacancy occurs less than 88 days
before the next regularly scheduled election for schools, the vacancy shall be filled by a successor
appointed by the remaining members of the school board for the balance of the unexpired term and
no election to fill the unexpired term shall be held.
If the board fails to exercise its power to fill any vacancy within 45 days after it occurs, it
forfeits such power to the appropriate regional superintendent of schools. The regional
superintendent has an additional 30 days in which to act. Upon the regional superintendent’s
failure to fill the vacancy, the position shall remain vacant until the next election. (School Code,
Section 5/10-10.)
Board of Trustees of Community College
A vacancy in the office of board of trustees of a community college district shall be filled by
the remaining trustees until the next regularly scheduled election for board members. However,
if the vacancy occurs less than four months before the next consolidated election and the term of
the vacating board member is not scheduled to expire at that election, then the term of the person
appointed shall expire at the next succeeding consolidated election. If the trustees fail to act within
60 days after the vacancy occurs, the Chairman of the Illinois Community College Board appoints
an individual to fill the vacancy. The person appointed to fill the vacancy shall have the
same residential qualifications as his or her predecessor in office was required to have. (Public
Community College Act, Section 3-7.)
21
Township Board of School Trustees
A vacancy in the office of township school trustees shall be filled by the remaining trustees
until the next regular school election, at which election a successor shall be elected to serve the
remainder of the unexpired term. However, if the vacancy occurs with less than 28 months
remaining in the term, or if the vacancy occurs less than 88 days before the next regularly
scheduled election for this office, then the person so appointed shall serve the remainder of
the unexpired term and no election to fill the vacancy shall be held. The successor shall have the
same residential qualifications as his or her predecessor. Should the remaining trustees fail to
act within 30 days after the vacancy occurs, the regional superintendent of the region in which
the township lies, or if the township is divided by a county line or lines, the regional
superintendent of the region in which a majority of the children of such township attend school,
shall within 15 days after the remaining trustees have failed to fill the vacancy, fill the vacancy.
(School Code, Section 5-14.)
XII.
A.
PUBLIC QUESTIONS (REFERENDA)
IN GENERAL
Article 28 of the Election Code governs the time and procedures for the initiation and
submission of public questions at regular elections and the requirements for emergency
referenda. This includes:
1)
Questions initiated by resolution of a school board or community college board as
well as questions initiated by the electorate of a school or community college
district by petition.
2)
Questions advisory in nature as well as questions having legally binding effect.
(Election Code, Section 2A-1.)
Note that, except for emergency referenda, a public question can be submitted to the voters
at only a regularly scheduled election at which candidates for election to or retention in any public
office within the district’s territory are also scheduled for election. (Election Code, Section 281.)
B.
QUESTIONS HAVING LEGAL EFFECT
In the case of legally binding public questions authorized by the School Code, or another
statute, the petition requirements specified in the School Code or other statute “govern with respect
to the number of signatures required, the qualifications of persons entitled to sign the petition,
the contents of the petition, the officer with whom the petition must be filed, and the form of the
question to be submitted.” If the School Code or other statute does not specify any petition
requirements, a petition must be signed by a number of voters equal to at least 8% of the total votes
cast by the school district’s voters for candidates for Governor in the preceding gubernatorial
election. (Election Code, Section 28-1.)
22
Where the School Code or other statute so provides, public questions may be initiated by
resolutions adopted by the board of education or board of community college trustees (e.g., bond
issues, tax rate increases, boundary changes, etc.). (Election Code, Section 28-1.)
C.
ADVISORY QUESTIONS
The petition requirements of the Election Code govern the submission of advisory public
questions. Such petitions shall be signed by a number of voters equal to at least 8% of the total
votes cast by the school district’s voters for candidates for Governor in the preceding gubernatorial
election. The board has no discretion in whether to submit the public question to the voters if a
proper petition is filed. The question must be voted upon at a regular election. (Election Code,
Section 28-6.)
D.
PLACE FOR FILING PETITION
Although school board candidate nomination papers are filed with the county clerk or
county board of election commissioners, a petition to place a binding or advisory question on a
ballot is still filed with the secretary of the board of education of the school district. Petitions for
binding or advisory questions are also filed with the secretary of the board of community college
trustees. If the school district or community college district is located entirely within the jurisdiction
of a board of election commissioners, the petition shall be filed with the board of election
commissioners.
E.
TIME
OF PETITION
RESOLUTION
FILING
OR
ADOPTION
OF
BOARD
The deadlines for filing petitions proposing referenda and for approving resolutions placing
referenda on the ballot were changed significantly to require that those actions occur earlier than
in the past. Previously, voters had to file a petition proposing a public question at least 78 days
before the election. Now, a petition for a public question must be filed not less than 92 days
before a regular election. The last day to file a petition to place a public question on the ballot for
the February 28, 2017 primary election is November 28, 2016. The last day to file a petition to
place a public question on the ballot for the April 4, 2017 consolidated election is January 3, 2017.
(The 92nd day prior to the April 4, 2017 election is January 2, 2017. However, New Year’s Day,
January 1, 2017, falls on a Sunday and will be observed on Monday, January 2, 2017.)
Previously, boards of education had to approve resolutions placing referenda on the ballot at
least 65 days before the election. Resolutions initiating public questions must now be adopted by
the board not less than 79 days before a regular election. The last day a board can adopt a
resolution to place a public question on the February 28, 2017 primary election ballot is December
12, 2016. Because of weekends and state holidays, the last day to adopt a resolution to place a
public question on the April 4, 2017 general election ballot is January 17, 2017.
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Unless a particular statute authorizing a public question specifies the regular election at
which such question shall be submitted, the petition or resolution initiating such question may
specify the particular election for its submission, and the question shall be limited to that
election. However, no petition or resolution initiating a public question may specify an election
more than one year after the date on which it was filed or adopted, as the case may be, except
that back door referenda petitions can specify dates up to 15 months after the date on which they
were filed. If the petition does not specify an election for submission, such question ‘shall be
submitted to referendum at the next regular election occurring not less than 92 days after the
filing of the petition.” (Election Code, Section 28-2.)
F.
“BACK-DOOR” REFERENDA
A “back-door” referendum is the submission of a proposition to the voters of a school
district or community college district, initiated by a petition signed by a sufficient number of
voters of the district, for the purpose of accepting or rejecting prior official action taken by the
board of education or board of trustees. The board can proceed with its action if no petition is filed,
or if one is filed, if the action is approved by referendum. A “back-door” referendum must be
authorized by the School Code or some other statute.
Any School Code or other statutory time restrictions on the filing of the “back-door”
petition shall be in addition to the 92-day filing deadline for public question petitions. Thus, if a
statute provides that a “back-door” petition may be filed within 30 days after the publication of a
notice by the board, such petition must still be filed not less than 92 days before the next regular
election to be eligible for submission at that election. Therefore, we recommend that when the
board’s resolution is subject to a “back-door” referendum, the resolution should be adopted and
published in time to have a petition filed prior to the 92-day public question petition filing deadline.
Failure to do so delays the referendum until the next regular election, unless the emergency
referendum provisions apply.
The board must publish notice of the resolution authorizing the action that may be subject to
a back-door referendum. The publication of the resolution shall include notice of:
1)
the specific number of voters required to sign a petition requesting that a public
question be submitted to the voters of the district;
2)
the time in which the petition must be filed; and,
3)
the date of the prospective referendum.
The secretary of the school district or community college district shall provide a petition
form to any individual requesting one. The legal sufficiency of that form cannot be the basis for a
challenge to placing the back-door referendum on the ballot if it is supplied by the board secretary.
Whether that petition contains sufficient signatures can still be challenged. (Election Code, Section
28-2.)
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G.
SCHOOL BOARD SECRETARY’S OR DESIGNEE’S DUTIES WHEN A
PETITION IS FILED
1.
Upon the filing of a referendum petition, the secretary or designated person
a.
Issue a receipt for the petition. The receipt should specify the documents that
were filed and state the number of petition sheets with voters’ signatures that were
filed. The receipt should state the date and time when the petition was filed.
b.
Date and time stamp each page of the petition. This date and time establishes the
filing order and the referenda order on the ballot.
c.
Preserve the petitions for six months. (See Section XIII, p. 28 for a discussion of
the procedure for disposing of nomination papers.)
shall:
(School Code, Section 9-10; Election Code, Sections 10-6.1, 10-6.2, 10-7.)
2.
When petitions for a public question (referendum) are filed with the secretary of
the board, the State Board of Elections recommends that the secretary provide a D-5 notice of
obligations under the Campaign Financing Act to the proponent whose name is indicated on the
certificate attached to the petition or to the attorney for the proponents if no name is listed.
The secretary must keep the receipts for having sent the D-5 notice of obligations under the
Campaign Financing Act for two years. (School Code, Section 9-10; Election Code, Sections 106.1, 9-1 et seq.)
H.
CERTIFICATION
Not less than 68 days before a regular election, the secretary of the board of education or
the secretary of the board of community college trustees shall certify the public question(s) initiated
by petition of the electors or by resolution of the board to the county clerk or board of election
commissioners for submission to the voters at that election. Public questions for the February
28, 2017 consolidated primary election must be certified by December 22, 2016. Public
questions for the A p r i l 4 , 2 0 1 7 consolidated election must be certified by January 26, 2017.
The certification shall include the form of the question for placement on the ballot, the date on
which the question was initiated, and a certified copy of any court order or resolution requiring the
submission of the public question. Certification of propositions for boundary changes must include
a description of the territory in which the proposition is required to be submitted if such territory
is not coterminous with that of an existing school district or community college district.
(Election Code, Section 28-5.)
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Notwithstanding the method of initiation, not more than three public questions per school
district or community college district other than (a) back-door referenda; or (b) referenda held under
the provisions of the Property Tax Extension Limitation Law may be submitted at the same
election. If more than three questions are validly initiated by petition or resolution, (or
combination thereof) for submission at an election, or more than three questions are certified for
such submission to the county clerk or board of election commissioners, the first three filed or
adopted are submitted at that election. (Election Code, Section 28-1.)
The secretary of the board should, therefore, date and time-stamp each set of petitions
upon filing and give receipts to those who file the petitions.
Whenever the three question limitation prevents the certification and submission of a public
question at an election, the secretary of the board in receipt of the initiating petition or resolution,
or the county clerk or board of election commissioners in receipt of the certification, shall give
notice of such limitation by registered mail as follows:
1)
In the case of a petition, to any person designated on an attached certificate as the
proponent or as the attorney for the proponents.
2)
In the case of a certification from a secretary of a board of education or board of
community college trustees, to such secretary who shall notify the proponent or
his or her attorney as in item 1 above or the board of education or board of
community college trustees which adopted the initiating resolution, as the case
may be.
3)
If the certification was from a circuit court clerk or a court order, to such court.
If the petition or resolution initiating the “surplus” public question did not specify a
particular election for its submission, the secretary of the board shall certify the question as provided
in Section 28-5 of the Election Code for submission on the ballot at the next subsequent regular
election no more than one year subsequent to the filing of the initiating petition or the adoption of
the initiating resolution, and the county clerk or the board of election commissioners shall submit
the question at such election, unless the public question is ordered submitted as an emergency
referendum pursuant to Section 2A-1.4 of the Election Code or is withdrawn. (Election Code,
Section 28-5.)
When certifying a public question, the secretary of the board must be careful that the
question reads exactly as shown on the petition, resolution or court order, as the case may be.
I.
OBJECTIONS
The Election Code provides that the electoral board for objections to referenda petitions is
the electoral board that hears objections to the nomination petitions of candidates for the school
board. (Election Code, Section 28-4.) As discussed in Section V(C)(1) of this Manual, objections
to nomination petitions of school board candidates are heard by the County Officers Electoral Board.
Objections to the nomination petitions of candidates for community college boards are heard by the
Education Officers Electoral Board (Election Code, Section 10-9.) Objections to a public question
petition must be filed within five business days of the last day for petition filing. Objections to
26
public questions to be placed on the ballot for the February 28, 2017 primary election must be filed
by December 5, 2016. Objections to public questions for the April 4, 2017 consolidated election
must be filed by January 10, 2017. The provisions of Sections 10-8 through 10-10.1 of the Election
Code relating to objections to candidate nomination petitions, electoral board hearings on
objections and judicial review are applicable to petitions for public questions of school districts,
“insofar as may be practicable.” (Election Code, Section 28-4.)
1.
MEMBERS OF THE ELECTORAL BOARD
a.
The County Officers Electoral Board is composed of the County Clerk, State’s
Attorney and the Clerk of the Circuit Court, or their designees.
b.
The Education Officers Electoral Board is composed of the president of the
community college board, the board secretary and the member with the longest term
of continuous service
(1)
2.
When two or more board members have the longest term of continuous
service, the one to serve on the electoral board is chosen by lot.
PLACE FOR CONDUCTING ELECTORAL BOARD HEARINGS
The County Officers Electoral Board conducts hearings in the county courthouse. The
Education Officers Electoral Board hearings are conducted where the community college board
holds its regular meetings.
J.
DISCOVERY RECOUNTS
Note also that the provisions of Section 22-9.1 of the Election Code relating to discovery
recounts are also applicable to public questions, and Section 23-24 governs contests of public
question elections or referenda results. Any five electors of the school district or community
college district in which such referendum was held may initiate a discovery recount or contest if
the losing side on the public question lost by 5% or less of the total number of votes cast on the
question.
K
EMERGENCY REFERENDA
Section 2A-1.4 of the Election Code provides that a referendum may be conducted on a date
on which an election is not scheduled to be conducted where circumstances beyond the control
of the school district or community college district require the referenda to be considered before the
next scheduled election. The board whose powers or duties are directly affected by the result of
the vote on the public question may petition the circuit court for an order declaring such proposition
to be an emergency and fixing a date other than a regularly scheduled election on which a special
referendum election shall be held for the submission of the public question. (Election Code, Section
2A-1.4.)
The petition to the court must be approved by at least four members of the board and
must set forth:
27
1)
the public question and the action taken which requires the submission of the
question;
2)
the date of the next regularly scheduled election at which the proposition could
otherwise be placed on the ballot;
3)
the estimated costs of conducting a separate special election; and
4)
the reasons why an emergency exists to justify such special election prior to the
next ensuing regular election.
(Election Code, Section 2A-1.4.)
The circuit court shall conduct a hearing on the petition, at which time any resident of the area in
which the referendum is to be conducted may be heard in opposition.
The court may approve the petition for an emergency referendum only upon a finding,
supported by the evidence, that the referendum is necessitated by an imminent need for approval of
additional authority in order to maintain the operations or facilities of the school district or
community college district and that such need is due to circumstances beyond the control of the
board. Upon making such a finding, the court sets a date for holding the emergency referendum.
(Election Code, Section 2A-1.4.)
Expenses for conducting an emergency referendum are charged to the board of education or
the board of community college trustees. (Election Code, Sections 17-30, 17-32, 17-33, 18-18.)
XIII. RETENTION AND DISPOSAL OF ELECTION RECORDS
All nomination papers and referenda petitions must be kept for at least six months. (Election
Code, Section 10-7.) In addition, the receipts and affidavits for having sent the notice of obligations
under the Campaign Financing Act must be kept for two years. The disposal of nomination papers
and referenda petitions is subject to the provisions of the Local Records Act. (Election Code, Section
1-15.) Under the Local Records Act, election records of any kind cannot be disposed of without
the approval of the Local Records Commission. All election records must be included in the
lists or schedules of public records that are submitted to the Local Records Commission for
disposal.
In addition, a Records Disposal Certificate must be filed with the Local Records
Commission at least 60 days before the disposal of the election records.
XIV. COST OF ELECTIONS
Counties are authorized by law to levy a direct tax to pay the cost of regular elections.
However, the cost of emergency referenda and special elections off the regular schedule will be
billed by the county clerk or board of election commissioners to the board of education or board of
community college trustees.
28
Selections From The
ELECTION AND CAMPAIGN FINANCE CALENDAR
2017
Compiled By The Illinois State Board Of Elections
CONSOLIDATED ELECTION
APRIL 4, 2017 OFFICES
TO BE ELECTED
MUNICIPAL
Mayor or President
Clerk
Treasurer
Alderman
Trustees or Commissioners
REGIONAL BOARD OF SCHOOL TRUSTEES
Trustees
SCHOOL DISTRICTS
Board Members
School Directors
TOWNSHIP TRUSTEES OF SCHOOLS
Cook County (only)
SCHOOL DISTRICTS SPECIAL CHARTER (Article 32)
School Inspectors
Board Members
COMMUNITY COLLEGES
Trustees
PARK DISTRICTS
Commissioners
29
PUBLIC, TOWNSHIP AND MUNICIPAL LIBRARIES
Trustees
FIRE PROTECTION DISTRICTS
Trustees
TOWNSHIP LAND COMMISSIONERS
Counties having a population under 220,000
OTHER SPECIAL PURPOSE DISTRICTS
30
CONSOLIDATED ELECTION
APRIL 4, 2017
TIMELINE
TUESDAY, SEPTEMBER 20, 2016
First day to circulate nomination papers for candidates of school boards and community
college boards. (10 ILCS 5/1-4, 10-4)
MONDAY, DECEMBER 12, 2016
First day to file original nomination papers for school board and community college
board candidates. (10 ILCS 5/10-6(2))
MONDAY, DECEMBER 19, 2016
Last day to file original nomination papers for school board and community college
board candidates. (10 ILCS 5/10-6(2))
MONDAY, DECEMBER 19, 2016
Last day for filing a receipt with the county clerk, county board of election
commissioners or community college secretary who received a candidate’s nomination papers
showing that a Statement of Economic Interests was filed by the candidate with the county clerk.
(10 ILCS 5/10-5; 5 ILCS 420/4A)
MONDAY, DECEMBER 19, 2016
Last day for a secretary of a community college district to notify, in writing, a candidate of
the acceptance of his or her nomination papers. (105 ILCS 5/9-10)
TUESDAY, DECEMBER 20, 2016
First day for filing objections to nomination papers of candidates for school district
boards of education and community college district boards of trustees.
TUESDAY, DECEMBER 27, 2016
Last day for an individual who has filed for two or more incompatible offices to
withdraw from all but one of the offices with the office receiving the nomination papers. (10
LCS 5/10-7)
31
TUESDAY, DECEMBER 27, 2016
Last day for filing objections to nomination papers of candidates for school district
boards of education and community college district boards of trustees. (10 ILCS 5/10-8)
WEDNESDAY, DECEMBER 28, 2016
Last day a lottery must be conducted by the county clerk, county board of election
commissioners or community college district when two or more petitions are received
simultaneously for the same office, as of the opening time and the last hour of the filing period. (10
ILCS 5/10-6.2)
TUESDAY, JANUARY 3, 2017
Last day for filing petitions for the submission of public questions for the April 4, 2017
general election. (Exception: proposition to create a political subdivision.) (10 ILCS 5/28-2, 28-6,
28-7)
TUESDAY, JANUARY 10, 2017
Last day for filing objections to petitions for the submission of public questions for the
A p r i l 4 , 2 0 1 7 general election. (Exception: proposition to create a political subdivision.) (10
ILCS 5/10-8, 28-4)
TUESDAY, JANUARY 17, 2017
Last day for school district or community college boards to adopt a resolution to allow a
binding or advisory public question to appear on the ballot for the April 4, 2017 general election.
(10 ILCS 5/28-2)
THURSDAY, JANUARY 26, 2017
Last day candidates may file withdrawal of nomination papers in the office of the county
clerk, county board of election commissioners or community college district. (10 ILCS 5/10-7)
THURSDAY, JANUARY 26, 2017
Last day for community college districts to certify offices and candidates to the election
authority. (10 ILCS 5/10-15)
THURSDAY, JANUARY 26, 2017
Last day for the circuit court clerk, school district or community college to certify any
question of public policy to be placed on the ballot for the April 4, 2017 general election to the
election authority having jurisdiction over the political subdivision. (10 ILCS 5/28-5)
32
THURSDAY, FEBRUARY 2, 2017
Last day a person may file a notarized Declaration of Intent to be a write-in candidate
with the county clerk or board of election commissioners for the April 4, 2017 general election.
(10 ILCS 5/17-16.1)
TUESDAY, APRIL 4, 2017
Consolidated Election
TUESDAY, APRIL 18, 2017
Last day for the county clerk or board of election commissioners to complete the validation
and counting of provisional ballots, and the tabulation of absentee ballots.
TUESDAY, APRIL 25, 2017
Last day for canvassing election results by the county clerk or board of election
commissioners, and proclaiming of winners. (10 ILCS 5/22-17; 105 ILCS 5/9-18)
AFTER PROCLAMATION
TUESDAY, MAY 2, 2017
Last day for boards of education and boards of community college trustees to conduct a
reorganization meeting.
CERTIFICATE OF ELECTION
The election authority shall issue a certificate of election to each person declared elected to
an office by the county clerk or board of election commissioners. (10 ILCS 5/22-18)
For political subdivisions which are multi-county, the election authority of the county
where the principal office of the political subdivision is located shall certify the election. (10
ILCS 5/22-18)
DISCOVERY RECOUNT
Within 5 days after the last day for proclamation, petitions for discovery recounts may be
filed by any qualified individual. (10 ILCS 5/22-9.1)
WRITE-IN CANDIDATES
Each successful write-in candidate must file a Statement of Candidacy, and a receipt for
filing the Statement of Economic Interests (10 ILCS 5/10-5) with the proper local election
official or election authority. (10 ILCS 5/22-1, 22-7) A loyalty oath is optional.
33
CAMPAIGN FINANCE CALENDAR
2016 DECEMBER QUARTERLY REPORT
OCTOBER 1, 2016 THRU DECEMBER 31, 2016
2016
SATURDAY, DECEMBER 31, 2016
Last day of the political committee’s financial activity that is to be included in its December
Quarterly Report of Campaign Contributions and Expenditures. The period covered by the
December Quarterly Report extends from October 1, 2016(or later if the committee was formed
subsequently) through December 31, 2016 inclusively. (10 ILCS 5/9-10)
2017
SUNDAY, JANUARY 1, 2017
First day that any political committee may file its December Quarterly Report of
Campaign Contributions and Expenditures with the State Board of Elections. (10 ILCS 5/9-10)
SUNDAY, JANUARY 17, 2017
Last day for a political committee to file its December Quarterly Report of Campaign
Contributions and Expenditures with the State Board of Elections. (10 ILCS 5/9-10)
34
CAMPAIGN FINANCE CALENDAR
CONSOLIDATED ELECTION
APRIL 4, 2017
FRIDAY, FEBRUARY 3, 2017
First day of period during which any independent expenditure of $1000 or more made by
a political committee must be reported electronically within two (2) business days after making
the independent expenditure. (10 ILCS 5/9-10(e))
SUNDAY, MARCH 5, 2017
First day of period during which any receipt of a contribution in an aggregate of $1000 or
more by a political committee participating in the election must be reported within two (2) business
days follow its receipt. (10 ILCS 5/9-10(c))
MONDAY, APRIL 3, 2017
Last day of period during which any independent expenditure of $1000 or more made by a
political committee must be reported electronically within five (5) business days after making the
independent expenditure. (10 ILCS 5/9-10(e))
MONDAY, APRIL 3, 2017
Last day of period during which any receipt of a contribution in an aggregate of $1000 or
more by a political committee participating in the election must be reported within two (2) business
days following its receipt. (10 ILCS 5/9-10(c))
35
CAMPAIGN FINANCE CALENDAR
MARCH QUARTERLY REPORT
JANUARY 1, 2017 THRU MARCH 31, 2017
SUNDAY, JANUARY 1, 2017
First day of the political committee’s financial activity that is to be included in its March
Quarterly Report of Campaign Contributions and Expenditures. (10 ILCS 5/9-10(b))
FRIDAY, MARCH 31, 2017
Last day of the political committee’s financial activity that is to be included in its March
Quarterly Report of Campaign Contributions and Expenditures. The period covered by the
March Quarterly Report extends from January 1, 2 0 1 7 (or later if the committee was formed
subsequently) through March 31, 2017, inclusive. (10 ILCS 5/9-10(b))
SATURDAY, APRIL 1, 2017
First day that any political committee shall file its March Quarterly Report of Campaign
Contributions and Expenditures with the State Board of Elections. (10 ILCS 5/9-10(b))
MONDAY, APRIL 17, 2017
Last day for a political committee to file its March Quarterly Report of Campaign
Contributions and Expenditures with the State Board of Elections. (10 ILCS 5/9-10(b))
36
CAMPAIGN FINANCE CALENDAR
JUNE QUARTERLY REPORT
APRIL 1, 2017 THRU JUNE 30, 2017
SATURDAY, APRIL 1, 2017
First day of the political committee’s financial activity that is to be included in its June
Quarterly Report of Campaign Contributions and Expenditures. (10 ILCS 5/9-10(b))
FRIDAY, JUNE 30, 2017
Last day of the political committee’s financial activity that is to be included in its June
Quarterly Report of Campaign Contributions and Expenditures. The period covered by the June
Quarterly Report extends from April 1, 2017(or later if the committee was formed subsequently)
through June 30, 2017, inclusive. (10 ILCS 5/9-10(b))
SATURDAY, JULY 1, 2017
First day that any political committee shall file its June Quarterly Report of Campaign
Contributions and Expenditures with the State Board of Elections. (10 ILCS 5/9-10(b))
MONDAY, JULY 17, 2017
Last day for a political committee to file its June Quarterly Report of Campaign
Contributions and Expenditures with the State Board of Elections. (10 ILCS 5/9-10(b))
37
Scariano, Himes and Petrarca
ATTORNEYS AT LAW, CHARTERED
SCARIANO, HIMES AND PETRARCA, CHTD.
CHICAGO OFFICE
Two Prudential Plaza
180 North Stetson, Suite 3100
Chicago, Illinois 60601
Phone (312)565-3100 Fax (312)565-0000
ATTORNEY
EMAIL ADDRESS
EXT.
Dauksas, Adam
Fester, John E.
Gordon, Kevin B.
Himes, A. Lynn
Mullins, Alan M.
Murphy, John J.
Petrarca, Justino D.
Petretti, Paulette A.
Petrungaro, James A.
Scariano, Anthony III
Williams, Darcee C.
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
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