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Full Text of HB1935
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1935
Introduced 2/4/2025, by Rep. Maurice A. West, II
SYNOPSIS AS INTRODUCED:
105 ILCS 5/3A-6
from Ch. 122, par. 3A-6
Amends the Educational Service Regions Article of the School Code.
Provides that when a vacancy occurs in the office of regional
superintendent of schools and more than 28 months remain in that term and
the vacancy occurs at least 130 days before the next general election,
appointment to fill the vacancy shall be until the next general election
(rather than if more than 28 months remain in that term, the appointment
shall be until the next general election). Provides that if the vacancy
occurs during the time provided for filing nomination papers for county
offices for the primary in the next even-numbered year following
commencement of the term of office in which the vacancy occurs, the time
for filing nomination papers for the primary shall not be more than 120
(rather than 91) days nor less than 113 (rather than 85) days prior to the
date of the primary.
LRB104 06957 LNS 16994 b
A BILL FOR
HB1935
LRB104 06957 LNS 16994 b
1
AN ACT concerning education.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The School Code is amended by changing Section
5
3A-6 as follows:
6
(105 ILCS 5/3A-6)
(from Ch. 122, par. 3A-6)
7
Sec. 3A-6.
Election of Superintendent for consolidated
8
region - Bond - Vacancies in any educational service region.
9
(a) The regional superintendent to be elected under
10
Section 3A-5 shall be elected at the time provided in the
11
general election law and must possess the qualifications
12
described in Section 3-1 of this Act.
13
(b) The bond required under Section 3-2 shall be filed in
14
the office of the county clerk in the county where the regional
15
office is situated, and a certified copy of that bond shall be
16
filed in the office of the county clerk in each of the other
17
counties in the region.
18
(c) When a vacancy occurs in the office of regional
19
superintendent of schools of any educational service region
20
which is not located in a county which is a home rule unit,
21
such vacancy shall be filled within 60 days (i) by appointment
22
of the chairman of the county board, with the advice and
23
consent of the county board, when such vacancy occurs in a
HB1935
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LRB104 06957 LNS 16994 b
1
single county educational service region; or (ii) by
2
appointment of a committee composed of the chairmen of the
3
county boards of those counties comprising the affected
4
educational service region when such vacancy occurs in a
5
multicounty educational service region, each committeeman to
6
be entitled to one vote for each vote that was received in the
7
county represented by such committeeman on the committee by
8
the regional superintendent of schools whose office is vacant
9
at the last election at which a regional superintendent was
10
elected to such office, and the person receiving the highest
11
number of affirmative votes from the committeemen for such
12
vacant office to be deemed the person appointed by such
13
committee to fill the vacancy. The appointee shall be a member
14
of the same political party as the regional superintendent of
15
schools the appointee succeeds was at the time such regional
16
superintendent of schools last was elected. The appointee
17
shall serve for the remainder of the term. However, if more
18
than 28 months remain in that term
and the vacancy occurs at
19
least 130 days before the next general election
, the
20
appointment shall be until the next general election, at which
21
time the vacated office shall be filled by election for the
22
remainder of the term. Nominations shall be made and any
23
vacancy in nomination shall be filled as follows:
24
(1) If the vacancy in office occurs before the first
25
date provided in Section 7-12 of the Election Code for
26
filing nomination papers for county offices for the
HB1935
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LRB104 06957 LNS 16994 b
1
primary in the next even-numbered year following
2
commencement of the term of office in which the vacancy
3
occurs, nominations for the election for filling the
4
vacancy shall be made pursuant to Article 7 of the
5
Election Code.
6
(2) If the vacancy in office occurs during the time
7
provided in Section 7-12 of the Election Code for filing
8
nomination papers for county offices for the primary in
9
the next even-numbered year following commencement of the
10
term of office in which the vacancy occurs, the time for
11
filing nomination papers for the primary shall not be more
12
than
120
91
days nor less than
113
85
days prior to the
13
date of the primary.
14
(3) If the vacancy in office occurs after the last day
15
provided in Section 7-12 of the Election Code for filing
16
nomination papers for county offices for the primary in
17
the next even-numbered year following commencement of the
18
term of office in which the vacancy occurs, a vacancy in
19
nomination shall be deemed to have occurred and the county
20
central committee of each established political party (if
21
the vacancy occurs in a single county educational service
22
region) or the multi-county educational service region
23
committee of each established political party (if the
24
vacancy occurs in a multi-county educational service
25
region) shall nominate, by resolution, a candidate to fill
26
the vacancy in nomination for election to the office at
HB1935
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LRB104 06957 LNS 16994 b
1
the general election. In the nomination proceedings to
2
fill the vacancy in nomination, each member of the county
3
central committee or the multi-county educational service
4
region committee, whichever applies, shall have the voting
5
strength as set forth in Section 7-8 or 7-8.02 of the
6
Election Code, respectively. The name of the candidate so
7
nominated shall not appear on the ballot at the general
8
primary election. The vacancy in nomination shall be
9
filled prior to the date of certification of candidates
10
for the general election.
11
(4) The resolution to fill the vacancy shall be duly
12
acknowledged before an officer qualified to take
13
acknowledgments of deeds and shall include, upon its face,
14
the following information: (A) the name of the original
15
nominee and the office vacated; (B) the date on which the
16
vacancy occurred; and (C) the name and address of the
17
nominee selected to fill the vacancy and the date of
18
selection. The resolution to fill the vacancy shall be
19
accompanied by a statement of candidacy, as prescribed in
20
Section 7-10 of the Election Code, completed by the
21
selected nominee, a certificate from the State Board of
22
Education, as prescribed in Section 3-1 of this Code, and
23
a receipt indicating that the nominee has filed a
24
statement of economic interests as required by the
25
Illinois Governmental Ethics Act.
26
The provisions of Sections 10-8 through 10-10.1 of the
HB1935
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LRB104 06957 LNS 16994 b
1
Election Code relating to objections to nomination papers,
2
hearings on objections, and judicial review shall also apply
3
to and govern objections to nomination papers and resolutions
4
for filling vacancies in nomination filed pursuant to this
5
Section. Unless otherwise specified in this Section, the
6
nomination and election provided for in this Section is
7
governed by the general election law.
8
Except as otherwise provided by applicable county
9
ordinance or by law, if a vacancy occurs in the office of
10
regional superintendent of schools of an educational service
11
region that is located in a county that is a home rule unit and
12
that has a population of less than 2,000,000 inhabitants, that
13
vacancy shall be filled by the county board of such home rule
14
county.
15
Any person appointed to fill a vacancy in the office of
16
regional superintendent of schools of any educational service
17
region must possess the qualifications required to be elected
18
to the position of regional superintendent of schools, and
19
shall obtain a certificate of eligibility from the State
20
Superintendent of Education and file same with the county
21
clerk of the county in which the regional superintendent's
22
office is located.
23
If the regional superintendent of schools is called into
24
the active military service of the United States, his office
25
shall not be deemed to be vacant, but a temporary appointment
26
shall be made as in the case of a vacancy. The appointee shall
HB1935
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LRB104 06957 LNS 16994 b
1
perform all the duties of the regional superintendent of
2
schools during the time the regional superintendent of schools
3
is in the active military service of the United States, and
4
shall be paid the same compensation apportioned as to the time
5
of service, and such appointment and all authority thereunder
6
shall cease upon the discharge of the regional superintendent
7
of schools from such active military service. The appointee
8
shall give the same bond as is required of a regularly elected
9
regional superintendent of schools.
10
(Source: P.A. 96-893, eff. 7-1-10.)
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