DRAINAGE DISTRICT ELECTIONS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2930

Introduced 1/27/2026, by Sen. Steve McClure

SYNOPSIS AS INTRODUCED:

70 ILCS 605/4-5

from Ch. 42, par. 4-5

Amends the Illinois Drainage Code. In provisions concerning the
election of commissioners in districts organized under Farm Drainage Act
and certain other districts, provides that an adult landowner is entitled
to one vote per parcel of land owned by the owner. Specifies that, if a
parcel of land is owned by more than one adult owner, then only one of the
owners representing all of the owners may cast a vote per parcel. Provides
that, by casting a vote, the voter certifies that the voter is the owner of
the parcel. Provides that, if a parcel of land is owned by multiple owners,
then the voter casting a vote certifies that a majority of the owners has
granted the voter the authority to cast a vote on behalf of all the owners.
Provides that, if a parcel of land is owned by an entity, then the person
presenting himself or herself on behalf of the entity certifies that the
person has the authority to vote on behalf of the entity. Provides that
only people owning land in a district may be elected as a commissioner of
the district. Provides that a commissioner holding the office that is
being considered for election shall not be a judge of the election.
Provides that the judges of election shall not be responsible for
determining the ownership of any parcel of land. Provides that the judges
of election may take reasonable measures to verify that no more than one
person casts a vote for all the owners of any parcel. Provides that a
person who willfully misrepresents the person's eligibility to cast a vote
in an election under these provisions commits a Class A misdemeanor.
Provides that the polls shall open at 4:00 p.m. (rather than 2:00 p.m.) and
close at 6:00 p.m. (rather than 4:00 p.m.) unless the judges of election
shall determine to hold the polls open a longer period to accommodate the
voters. Provides that in no event shall the polls remain open later than
7:00 p.m. (rather than 6:00 p.m.).
LRB104 18667 RTM 32110 b

A BILL FOR

SB2930
LRB104 18667 RTM 32110 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Drainage Code is amended by
5
changing Section 4-5 as follows:

6

(70 ILCS 605/4-5)

(from Ch. 42, par. 4-5)
7

Sec. 4-5.
Election of
commissioners

Commissioners
in
8
districts

Districts
organized under Farm Drainage Act and
9
certain other
districts

Districts
. Commissioners for all
10
districts
that

which
, at the time this Act becomes effective,
11
are operating and existing under the provisions of the Farm
12
Drainage Act
,
shall be elected by the adult owners of land in
13
the district in the manner provided by this Section unless the
14
landowners have elected to change from the election to the
15
appointment of commissioners in the manner provided in Section
16
4-6.
17

An election shall be held in all combined, union, special,
18
user, mutual
,
or other districts
that

which
were operating and
19
existing under the Farm Drainage Act at the time this Act
20
became effective and in districts
that

which
have changed from
21
the appointment to the election of commissioners as provided
22
in Section 4-8, on the first Tuesday in September 1956 and
23
annually thereafter for the purpose of electing a successor to

SB2930
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LRB104 18667 RTM 32110 b
1
the commissioner whose term will next expire. Commissioners so
2
elected shall serve for a term of 3 years from the date of
3
their election and until their successors have been elected
4
and have qualified.
5

In any case where the commissioners have failed to give
6
notice and to hold an election as provided in this Section, the
7
circuit court of the county in which the district is organized
8
may, on the petition of any owner of land in the district,
9
designate the time and place for a special election. Any
10
commissioner elected at such special election shall serve for
11
the remainder of the term expiring 3 years from the date on
12
which the election should have been held and until his
13
successor is elected and has qualified.
14

The commissioners in office shall designate the place
15
within the district at which the election will be held
,
and
16
they shall file such designation in writing with the clerk of
17
the circuit court at least
4

four
weeks prior to the date of
18
the election. The clerk shall give at least
2

two
weeks notice
19
of the time and place of the election by publication for 2
20
successive weeks in the manner provided by Section 4-22.
21
Notice by mailing shall not be required.
22

Voting shall be by secret ballot. The clerk
of the circuit
23
court
shall cause the ballots to be prepared. The ballots
24
shall show on their face the name of the district, the date of
25
the election, the term for which a commissioner is to be
26
elected, the names of the declared candidates and a blank line

SB2930
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LRB104 18667 RTM 32110 b
1
for write-in candidates. A square shall appear before each
2
name and before the blank line.
There shall also be a space for
3
the voter to write in the number of parcels of land owned by
4
the voter.
The reverse side of the ballot shall show the
5
official nature of the ballot by the certificate of the clerk.
6

Every adult owner of land in the district shall be
7
entitled to vote
in the manner provided for in this paragraph
.
8
An adult landowner is entitled to one vote per parcel of land
9
owned by the owner. If a parcel of land is owned by more than
10
one adult owner, then only one of the owners representing all
11
of the owners may cast a vote per parcel. By casting a vote,
12
the voter certifies that the voter is the owner of the parcel.
13
If a parcel of land is owned by multiple owners, then the voter
14
casting a vote certifies that a majority of the owners have
15
granted the voter the authority to cast a vote on behalf of all
16
the owners. If a parcel of land is owned by an entity, then the
17
person presenting himself or herself on behalf of the entity
18
certifies that the person has the authority to vote on behalf
19
of the entity.

20

Any qualified person
owning land within the district
may
21
declare
the person's

his
candidacy for the office of
22
commissioner and thereby become entitled to have
the person's

23
his
name placed on the ballot by filing a statement of
the
24
person's

his
candidacy in writing with the clerk at least 3
25
weeks prior to the date of the election.
26

The commissioners in office at the time of the election

SB2930
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LRB104 18667 RTM 32110 b
1
shall be the judges of the election
, except that a
2
commissioner holding the office that is being considered for
3
election shall not be a judge of the election
. In the event
4
that one or more of the commissioners is absent or refuses
or
5
cannot

to
serve as judge
,
then the electors present at the
6
opening of the polls may choose a person or persons to fill the
7
vacancy or vacancies. The polls shall open at
4:00 p.m.

2:00
8
P.M.
and close at
6:00 p.m.

4:00 P.M.
unless the judges of
9
election shall determine to hold the polls open a longer
10
period to accommodate the voters. In no event shall the polls
11
remain open later than
7:00 p.m.

6:00 P.M.
12

The judges of election shall not be responsible for
13
determining the ownership of any parcel of land and may rely
14
upon the representations of the person presenting himself or
15
herself as the owner of land or the person authorized by a
16
majority of the other owners of the land to cast a vote on
17
behalf of all the owners. The judges of election may take
18
reasonable measures to verify that no more than one person
19
casts a vote for all the owners of any parcel. A person who
20
willfully misrepresents the person's eligibility to cast a
21
vote in an election under this Section commits a Class A
22
misdemeanor.

23

Upon the closing of the polls the judges of election shall
24
promptly canvass the ballots and the ballots together with the
25
poll books, tally lists and the results shall be returned to
26
the clerk
of the circuit court
within 48 hours after the

SB2930
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LRB104 18667 RTM 32110 b
1
election. The candidate receiving the largest number of votes
2
shall be declared elected. In case of a tie the judges shall
3
determine by lot who is elected. The expense of the election
4
shall be borne by the district.
5

In the event that a vacancy occurs in the office of
6
commissioner whether by death, ineligibility, removal from
7
office or failure to qualify the commissioners in office shall
8
fill the vacancy by appointment. The commissioner so appointed
9
shall serve until the next annual election. If the unexpired
10
term caused by such vacancy be for more than one year then, at
11
the next annual election, the adult landowners shall elect a
12
commissioner to complete the then unexpired portion of the
13
term in addition to electing a commissioner for a regular
14
term.
15

Commissioners elected under this Section shall, within 20
16
days after their election, qualify by subscribing to an oath
17
of office and giving bond, in the manner provided in Section
18
4-4.
19
(Source: P.A. 86-297.)

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