Legal/Legislative Scene

By Peter M. Murphy IAPD General Counsel

The Illinois General Assembly, in a rare move, adjourned more than 19 hours before its midnight deadline of June 30. In doing so, legislators ended a session which was relatively free of controversy.

Since last November, more than 2,261 pieces of legislation have been introduced. Of these, only 434 second-year bills passed both houses during the spring session. This amounts to a passage rate of 19 percent.

Legislation of interest to park and forest preserve districts include HB 3261 which amends the Horse Racing Act to extend from May 15,1988 to Jan. 1,1990, the authority for requiring off track betting (OTB) parlors within the jurisdiction of park districts to pay 2/7 of 1 percent of the handle for park districts. All such receipts are required to be used solely for museum purposes and OTB parlors built after the Jan. 1, 1990, date will pay the aforementioned gate receipts into a fund for the Chicago museum system.

HB 3902 provides that a forest preserve district with a population under 600,000, located in a county contiguous to a county over 2 million and also located in a county which is not contiguous to Wisconsin, is restricted in the acquisition of property including that once the district commences an action to acquire land by condemnation, it may not abandon that action without the consent of the property owners.

The Illinois General Assembly also passed, for the second year in a row, legislation creating the Illinois Family Emergency and Medical Leave Act which provides for family emergency and medical leave for employees who are employed for more than 20 hours a week. The legislation entitles an employee to a total of eight weeks of unpaid family emergency leave during any 24 month period. Note that last year the governor vetoed this piece of legislation.

Issues concerning double-barrelled bonds were addressed this year by two

bills. The first, SB 1905, provides that the published notice must contain a statement identifying any revenue source that will be used to pay the principal of and interest on the double-barrelled or alternate bonds. In addition, it provides that the ballot for a backdoor referendum include a statement which also identifies such revenue sources.

HB 3090 increases the time within which a petition for a backdoor referendum may be filed with regard to the issuance of double-barrelled bonds. The filing period is increased from 21 to 30 days. Petition requirements for such backdoor referendum have been eased by decreasing the required number of signatures from 15 percent to the greater of (i) 7.5 percent of the registered voters in the unit of local government, or (ii) 200 of those registered voters or 15 percent of those registered voters whichever is less.

On a positive note, all of the divergent ideas on how to lessen the impact of property taxes in Illinois were sidelined during the 1990 legislative session. All such legislative proposals would have had a significant impact on the ability of Illinois local government to raise money from local property taxes. In particular, this would be true for units of local government like park and forest preserve districts which are totally reliant upon the property tax and did not participate in the largess provided by the temporary income tax increase.

NEW ELECTIONS

Now is the time for park commissioners to start thinking about reelection and for interested members of the public to think about election to the office of park commissioner during 1991. Since this election date is rapidly closing in, I thought it would be helpful to provide an advance schedule of important election dates. These appear on the following pages. If you have any questions with regard to these dates, please do not hesitate to contact me.

PARK DISTRICT ELECTION CALENDAR-1991

The following Park District Election Calendar lists all important dates for the election of park commissioners and the submission of public questions to referendum for the consolidated election to be held on April 2,1991.

This information includes the duties and responsibilities of both the local election official and those of the board of election commissioners.

Consolidated Election
April 2, 1991
Chapter 46, Section 2A-1.1(b)

OCTOBER 1990

Tuesday, October 23,1990
First day to circulate nomination papers (must be original sheets signed by voters and circulators) for nonpartisan candidates for township and municipal libraries, library districts, park and school boards. (Article 33 only). (Chap. 46, Sec. 10-4).

NOVEMBER 1990

Thursday, November 15, 1990
First day notice of intention to file a petition to create a political subdivision whose officers are to be elected, rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory. (Chap. 46, Sec 28-2).

DECEMBER 1990

Saturday, December 15,1990
Last day a notice of intention to file a petition to create a political subdivision whose officers are to be elected, rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory. (Chap. 46, Sec. 28-2).

Monday, December 17,1990
Last day to file petition to create a political subdivision with the appropriate circuit court clerk. (Chap. 46, Sec. 28-2).
NOTE: Objections can be filed on or before the date of the hearing with the appropriate circuit court clerk. (Chap. 46, Sec. 28-4).
NOTE: If initial officers are to be elected at the election for creation of a new unit of government, candidates for such offices shall file nomination papers 78 to 71 days before such election. (Chap. 46, Sec. 10-6).
NOTE: The circuit court clerk shall publish the hearing date for a public policy petition filled in his/her office, not later than 14 days after petition is actually filed, but at least five days before actual hearing (final order within seven days after hearing). (Chap. 46, Sec. 28-4).

Monday, December 24,1990
Last day to file objections to petition to create a political subdivision.

JANUARY 1991

Monday, January 14,1991
First day for filing in the office of the local election official or Board of Election Commissioners original nominating petitions for nonpartisan candidates in township and municipal libraries, library districts, park districts, school boards (Article 33 only). (Chap. 46, Sec. 10-6(2)).

Monday, January 14,1991
Last day for filing of petitions, (must contain original sheets signed by voters and circulators), for referenda for the submission of questions of public policy (local). (Except: proposition to create a political subdivision.) (Chap. 46, Secs. 28-2, 28-6, 28-7).

Monday, January 21,1991
Last day to file objections to petitions for referenda for the submission of questions of public policy. (Except: proposition to create a political subdivision). (Chap. 46, Secs. 10-8, 28-4).

Tuesday, January 22,1991
Last day for filing in the office of the local election official or Board of Election Commissioners original nomination petitions for park districts. (Chap. 46, Sec. 10-6(2)).
NOTE: Seven days written notice of the time and place for conducting lottery for simultaneous filing shall be given by

the local election official or board of election commissioners to the county chairman of established political parties and to each organization of citizens within the election jurisdiction entitled to have pollwatchers present at the last consolidated election. Notice must also be posted. We recommend notifying all candidates involved in the lottery. (Chap. 46, Sec. 10-6.2).

Tuesday, January 22, 1991
Last day for filing a Statement of Economic Interests with the county clerk as required by the Illinois Governmental Ethics Act. The receipt must be filed with the local election official or election authority who received the nomination papers. (Chap. 46, Sec. 10-5; Chap. 127, Sec. 604A).

Monday, January 28,1991
Last day for local governing boards to adopt a resolution or ordinance to allow a binding public question to appear on the ballot. (Chap. 46, Sec. 28-2).

Tuesday, January 29,1991
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 local election official or election authority. (Chap. 46, Sec. 10-7).

Tuesday, January 29,1991
Last day for filing objections to nominate petitions of new political party, nonpartisan and independent candidates and certificates of nomination for established party caucus candidates in the office of the local election official or election authority. (Chap. 46, Sec. 10-8).

**NOTE: For procedures on objections, see page 14.

Wednesday, January 30, 1991
Last day lottery shall be conducted by the local election official or Board of Election Commissioners or State Board of Elections when two or more petitions are received simultaneously for the same offices by more than one (1) independent candidate or more than one (1) new political party; or by more than one (1) nonpartisan candidate, as of the opening hour of the filing period.

Thursday, January 31,1991
Last day candidate may file withdrawal of candidacy in the office of the local election official or election authority. Excluding aldermanic candidates. City of Chicago. (Chap. 46, Sec. 10-7; Chap. 24, Sec. 21-29).

Thursday, January 31,1991
Last day for the circuit court clerk and the local election official to certify any question of public policy to each election authority having jurisdiction over the political subdivision. (Chap. 46, Sec. 28-5).

Thursday, January 31,1991
Last day for local election official to certify offices and the names of candidates to appear on the Consolidated Election ballot to the election authority. (Chap. 46, Sec. 10-15).

FEBRUARY 1991

Thursday, February 21, 1991
First day for any registered voter presently within the confines of the United State who expects to be absent from his county of residence on election day to make application by mail or in person to the election authority for an official ballot. (Chap. 46, Sec. 19-2).

NOTE: Certain situations other than absence from county of residence also permit application for absentee ballot to be made. (Chap. 46, Sec. 19-3).

Thursday, February 21, 1991
For the purpose of issuing pollwatcher credentials; the last day for civic organizations and proposition proponents or opponents to register their names and addresses of their principal officers with the proper election authority. (Chap.46.Secs. 17-23, 18-6).

MARCH 1991

Sunday, March 3,1991
First day for election authority to publish notice of Consolidated Election and notice of referenda. (May include a list of precinct polling place addresses). (Chap. 46, Sees. 12-4, 12-5).

Sunday, March 10,1991
Last day for election authority to supply absentee materials to local election officials who conduct in-person absentee voting.

Monday, March 11,1991
First day for local election official to conduct in-person absentee voting. (Chap. 46, Sec. 19-2.1).

Saturday, March 23,1991
Last day for election authority to publish notice of Consolidated Elections and notice of referenda. (May include a list of precinct polling place addresses). (Chap. 46, Sees. 12-4,12-5).

Thursday, March 28,1991
Last day for election authority to receive application by mail from any registered voter presently within the confines of the United States, who expects to be absent from his county of residence on election day and the last day for the election authority to mail such ballot. (Chap. 46, Sec. 19-2).

NOTE: Certain situations other than absence from county of residence also permit application for absentee ballot to be made. (Chap. 46, Sec. 19-3).

Friday, March 29,1991
Last day (by 5 p.m.) a person may file a notarized declaration of intent to be a write-in candidate with the proper election authority. (Chap. 46, Sec. 17-16.1).

NOTE: If a candidate, whose name is printed on the ballot, dies after 5 p.m., the declaration of intent may be filed no later than noon on Monday, immediately preceding the election.

Write-ins shall be counted only for persons who have filed the declaration of intent.

IMPORTANT: The above write-in information DOES NOT apply where a name is written in for an office for which no candidate has filed a petition for election. (Chap. 46, Sees. 17-16.1,18-9.1).

Friday, March 29,1991
Last day for election authority to have official ballots available for inspection by candidates or their agents. (Chap. 46, Sec. 16-5).

APRIL 1991

Monday, April 1,1991

Last day for election authority in counties having a population under 500,000 to

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publish a list of all the nominations that are to be voted for at the Consolidated Election. (Chap. 46, Sec. 16-10).

Tuesday, April 2,1991 Consolidated Election

Thursday, April 4, 1991
Registration opens in the office of the election authority.

Thursday, April 4, 1991
Last day for election authority to transmit election results to local election officials (two (2) days after election authority receives complete returns). (Chap. 46, Secs. 17-22,18-14).

Friday, April 5,1991
Last day for local election official to transmit election results to canvassing board (24 hours after local election officials receive results.) (Chap. 46, Secs. 17-22,18-14).

BEFORE PROCLAMATION BY LOCAL CANVASSING BOARD:
In those jurisdictions where in-precinct counting equipment is utilized, the election authority shall retabulate the total number of votes cast in 5 percent of the precincts within the election jurisdiction. (Chap. 46.Sec.24A-15).

Tuesday, April 9,1991
Last day for canvassing of election results by local canvassing board and the proclamation of winners. (Chap. 46, Sec. 22-17).

ABSTRACT OF VOTES
NOTE: Each local canvassing board shall immediately transmit a signed copy or original duplicate of its completed abstract of votes to each election authority having jurisdiction over any of the territory of their respective political subdivision and one copy to the State Board of Elections. (Chap. 46. Sec. 22-18).

If a local canvassing board canvassed the results of a public question submitted to referendum by the curcuit court, a signed copy or a duplicate of the abstract of votes shall be transmitted to the proper court separately. (Chap. 46, Sec. 22-18).

AFTER PROCLAMATION CERTIFICATE OF ELECTION
The election authority shall issue a certificate of election to each person declared elected to an office by such local canvassing board. (Chap. 46, Sec. 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 make the certificate of election.

WRITE-IN CANDIDATES
Each successful write-in candidate may file a statement under oath (Chap. 46, Sec. 7-10.1) and shall file a statement of candidacy (Chap. 46, Secs. 7-10, 10.5) and receipt for filing the statement of economic interests (Chap. 46, Secs. 7-10,10-5) with the proper election official or election authority within five days from proclamation

DISCOVERY RECOUNT
Within five days after the last day for proclamation, petitions for discovery recount may be filed by any qualified individual. (Chap. 46, Sec. 22-9.1).

**PROCEDURES ON OBJECTIONS
Nomination papers shall be deemed to be valid unless objections are filed in writing within five business days after last day for filing nomination papers. Not later than noon on the next business day, after receipt of objector's petitions, the election authority or local election official, shall transmit by registered mail or receipted personal delivery the certificate of nomination or nomination papers and original objector's petition to the chairman of proper electoral board. (Chap. 46, Sec. 10-8).

Within 24 hours after receipt of objector's petition, chairman of the electoral board shall send a call to members of electoral board, objector and candidate. (Chap. 46, Sec. 10-10).

Meeting of electoral board shall not be less than three nor more than five days after receipt of objector's petition by chairman of electoral board. (Chap. 46, Sec. 10-10).

Within 10 days after decision of electoral board, candidate or objector aggrieved by decision of board may file petition for judicial review with clerk of the circuit court. Court hearings are to be held within 30 days after filing of petition and decision delivered promptly thereafter. (Chap. 46, Sec. 10-10.1).

If no petition for judicial review has been filed within 10 days, the electoral board shall transmit a copy of its ruling, together with the original nomination paper to the office or board with whom they were on file. (Chap. 46, Sec. 10-10).

* * * DEFINITIONS ELECTION AUTHORITY For purposes of this calendar "Election Authority" means the county clerk, a municipal board of election commissioners or a county board of election commissioners. LOCAL ELECTION OF OFFICIAL "Local Election Official" means the clerk or secretary of a unit of local government or school district. BUSINESS DAY "Business Day" means any day in which the office of an election authority, local election official or the state board of elections is open to the public for a minimum of seven (7) hours. TIMING The time within which any act provided by the election code is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute, and then it shall also be excluded. If the day succeeding such Saturday or Sunday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded. ***