DRAINAGE CD-ELECT COMMISSIONER

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3017

Introduced 1/28/2026, by Sen. Patrick J. Joyce

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 drainage districts organized under the Farm
Drainage Act and certain other districts, provides that an adult owner of
property in a drainage district is entitled to one vote per acre or part of
an acre within each parcel of land owned by the owner and located in the
district. Provides that, if a parcel of land is owned by more than one
adult owner, only one of the owners representing all of the owners may cast
a ballot for that parcel. Provides that the votes represented by the ballot
shall equal the number of acres or part of an acre shown on the face of the
ballot. Provides that, by casting a ballot, the voter certifies that he or
she is the owner of the land or, when the land is owned by multiple owners,
the voter casting the ballot certifies that a majority of the owners have
granted him or her the authority to cast the ballot on behalf of all the
owners. Changes the time that the polls may be open. Provides that the
commissioners acting as the judges of the election shall not be
responsible for determining the ownership of any parcel of land and may
rely upon the representations of the person presenting himself or herself
as the owner of the parcel or the person authorized by a majority of the
other owners of the parcel to cast the ballot on behalf of all the owners.
Makes conforming and other changes.
LRB104 17953 TRT 31390 b

A BILL FOR

SB3017
LRB104 17953 TRT 31390 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 in Districts organized
8
under Farm Drainage Act and certain other Districts.
9
Commissioners for all districts which, at the time this Act
10
becomes effective, are operating and existing under the
11
provisions of the Farm Drainage Act, shall be elected by the
12
adult owners of land in the district in the manner provided by
13
this Section unless the landowners have elected to change from
14
the election to the appointment of commissioners in the manner
15
provided in Section 4-6.
16

An election shall be held in all combined, union, special,
17
user, mutual or other districts which were operating and
18
existing under the Farm Drainage Act at the time this Act
19
became effective and in districts which have changed from the
20
appointment to the election of commissioners as provided in
21
Section 4-8, on the first Tuesday in September 1956 and
22
annually thereafter for the purpose of electing a successor to
23
the commissioner whose term will next expire. Commissioners so

SB3017
- 2 -
LRB104 17953 TRT 31390 b
1
elected shall serve for a term of 3 years from the date of
2
their election and until their successors have been elected
3
and have qualified.
4

In any case where the commissioners have failed to give
5
notice and to hold an election as provided in this Section, the
6
circuit court of the county in which the district is organized
7
may, on the petition of any owner of land in the district,
8
designate the time and place for a special election. Any
9
commissioner elected at such special election shall serve for
10
the remainder of the term expiring 3 years from the date on
11
which the election should have been held and until his
or her

12
successor is elected and has qualified.
13

The commissioners in office shall designate the place
14
within the district at which the election will be held and they
15
shall file such designation in writing with the clerk of the
16
circuit court at least four weeks prior to the date of the
17
election. The clerk shall give at least two weeks notice of the
18
time and place of the election by publication for 2 successive
19
weeks in the manner provided by Section 4-22. Notice by
20
mailing shall not be required.
21

Voting shall be by secret ballot.
The clerk
of the circuit
22
court
shall cause the ballots to be prepared
in the manner set
23
forth in this paragraph. To enable the number of votes cast to
24
be calculated in conformance with the requirements in the
25
following paragraph, there shall be a ballot for each parcel
26
of land listed on the district's then-current assessment roll.

SB3017
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LRB104 17953 TRT 31390 b
1
The face of each ballot shall identify the parcel, the number
2
of acres or part of an acre within said parcel, and the name or
3
names of the owner or owners of the parcel
.
Each ballot

The
4
ballots
shall
also
show on
its

their
face the name of the
5
district, the date of the election, the term for which a
6
commissioner is to be elected, the names of the declared
7
candidates and a blank line for write-in candidates. A square
8
shall appear before each name and before the blank line. The
9
reverse side of the ballot shall show the official nature of
10
the ballot by the certificate of the clerk.
11

Adult owners

Every adult owner
of land in the district
12
shall be entitled to vote
in the manner provided for in this
13
paragraph. An adult owner is entitled to one vote per acre or
14
part of an acre within each parcel of land owned by the owner
15
and located in the district. If a parcel of land is owned by
16
more than one adult owner, only one of the owners representing
17
all of the owners may cast a ballot for that parcel. The votes
18
represented by the ballot shall equal the number of acres or
19
part of an acre shown on the face of the ballot. By casting a
20
ballot, the voter certifies that he or she is the owner of the
21
land or, when the land is owned by multiple owners, the voter
22
casting the ballot certifies that a majority of the owners
23
have granted him or her the authority to cast the ballot on
24
behalf of all the owners
. Any qualified person
owning land
25
with the district
may declare his
or her
candidacy for the
26
office of commissioner and thereby become entitled to have his

SB3017
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LRB104 17953 TRT 31390 b
1
or her
name placed on the ballot by filing a statement of his
2
or her
candidacy in writing with the clerk at least 3 weeks
3
prior to the date of the election.
4

The commissioners in office at the time of the election
5
shall be the judges of the election.
If

In the event that
one
6
or more of the commissioners is absent or refuses to serve as
7
judge
,
then the electors present at the opening of the polls
8
may choose a person or persons to fill the vacancy or
9
vacancies. The polls shall open at
4:00 p.m.

2:00 P.M.
and
10
close at
6:00 p.m.

4:00 P.M.
unless the judges of election
11
shall determine to hold the polls open a longer period to
12
accommodate the voters. In no event shall the polls remain
13
open later than
7:00 p.m.

6:00 P.M.
14

The judges of the election shall not be responsible for
15
determining the ownership of any parcel of land and may rely
16
upon the representations of the person presenting himself or
17
herself as the owner of the parcel or the person authorized by
18
a majority of the other owners of the parcel to cast the ballot
19
on behalf of all the owners. If a parcel of land is owned by a
20
public or private corporation or other entity or entities, the
21
person presenting himself or herself on behalf of the owner or
22
owners certifies that he or she has the authority to cast the
23
ballot on behalf of the owner or owners. The judges of election
24
may take reasonable measures to verify that no more than one
25
person casts a ballot for each parcel of land. Whoever
26
willfully misrepresents his or her eligibility to cast a

SB3017
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LRB104 17953 TRT 31390 b
1
ballot in an election shall be deemed guilty of a Class A
2
Misdemeanor.

3

Upon the closing of the polls the judges of election shall
4
promptly canvass the ballots and the ballots together with the
5
poll books, tally lists and the results shall be returned to
6
the clerk
of the circuit court
within 48 hours after the
7
election. The candidate receiving the largest number of votes
8
shall be declared elected
upon the certification of the votes
9
by the election judges
. In case of a tie the judges shall
10
determine by lot who is elected. The expense of the election
11
shall be borne by the district.
12

In the event that a vacancy occurs in the office of
13
commissioner whether by death, ineligibility, removal from
14
office or failure to qualify the commissioners in office shall
15
fill the vacancy by appointment. The commissioner so appointed
16
shall serve until the next annual election. If the unexpired
17
term caused by such vacancy be for more than one year then, at
18
the next annual election, the adult landowners shall elect a
19
commissioner to complete the then unexpired portion of the
20
term in addition to electing a commissioner for a regular
21
term.
22

Commissioners elected under this Section shall, within 20
23
days after their election, qualify by subscribing to an oath
24
of office and giving bond, in the manner provided in Section
25
4-4.
26
(Source: P.A. 86-297.)

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