G-834 - 04/24/2007 - BOARD OF TRUSTEES - Ordinances Supporting DocumentsA`w •
•
I'113M 10.11.1)
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 24, 2007
SUBJECT: Newly Elected Officers' Commencement of Terms
FROM: Jeff Moline, Acting Village Manager
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move for passage of Ordinance G -834, An Ordinance
Amending Title 1, Chapter 4, Section 2 of the Village Code of the Village of Oak Brook,
Illinois to Establish the Date for Commencement of Terms of Elected Officers
Background/History:
Per request by the Village Clerk's office, Assistant Village Attorney Barb Gosselar prepared the
attached Ordinance which amends Section 1 -4 -2 of the Village Code regarding the
commencement of terms of newly elected Board members. As you are aware, the current
Village Code reflects the date of May 1 that newly elected officials are to take office in Oak
Brook. However, with the change in dates of the consolidated election, the official election
results will not be available until May 8, 2007 (See Attachment #1), which is also the date of the
first regular Oak Brook Board meeting in May. Further, in order to allow for the possibility of
objections being filed on such results, the County suggests "that any organizing meeting be
scheduled at least a couple of days after the deadline" of May 8, 2007.
As such, the attached ordinance does two things. First, the Village Code would change in that
the May 1St date would be removed and the new language will state that the terms of newly
elected officials shall commence by their inauguration at the first regular or special meeting of
the Village Board in the month of May following the receipt of the official election results.
Second, because this new language then sets the date as the first regular meeting following the
official results, or May 8, which the County suggests not holding the inaugurations until after the
8th, the ordinance moves the date for commencement of terms to May 22"d. This is a unique
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situation, and as such, is set for the Board to review and approve. An alternative to waiting until
May 22 °a would be to hold a Special Meeting after the official results are received on May 8.
Recommendation:
Staff recommends that the Village Board approve Ordinance G -834.
ATTACHM=#1
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f. ---- David Orr, Cook County Clerk
let I N ° �y April 6, 2007
Dear Local Election Official:
A number of you have asked about canvassing of election results, wondering who is
doing it and the date by which it will be done.
On August 22, 2005, the Governor signed Public Act 94 -0647, which abolished local
canvassing boards and transferred their duties to the county clerks. Section 1 -8 of the
Election Code states:
Sec. 1 -8. Canvassing boards abolished. Notwithstanding any other provision of
this Code, local canvassing boards are abolished. In this Code or any other law a
reference to a local or county canvassing board means (i) for elections in which
the political subdivision that is choosing candidates or submitting a public
question is located entirely within the junsdiction of a single election authority,
that election authority and (ii) for elections for offices and public questions not
_ listed in Section 22 -1 of this Code in which the political subdivision that is
choosing candidates or submitting a public question is located within the
jurisdiction of 2 or more election authorities, the election authority having
jurisdiction over the location at which the political subdivision has its principal
office.
The deadline for us to canvass all election results is 21 days after the April 17, 2007
Consolidated Election which will be May 8 2007 Vhu- le- thesC-anv�ass_ and Pro larnation— z
ults_may � '' ° ftA"'tt�.',*`y.""^ET"" T' y y }3.m M, B-�•' 'lam
f_Res .��wel-laoccurrbe foxe trhatldate pr-ude]a typlanning-sugge is t you „schedirl "e- ,
an_y_orgamzmg- �meetirrg�at leasta ca oup of�days aft r t d adlne_p }'
M"J'. NJk-0 1
Results envelopes will no longer be available for pick -up at the_Receiviny Stations on
election night. Unofficial results will be available election night on our website,
w- ww.votennfonet.com. Official canvass results will be available for download on our
website by May 8. We will mail Abstracts of Votes beginning May 9.
We hope this clears up any confusion regarding canvassing. If you have additional,
specific questions about how this will affect your district, please contact your district's
legal counsel. If we can be of further assistance, do not hesitate to call Colleen Gleason
at (312) 603 -1127 or email her at cogleas @cookcountygov.com.
cerely,
c
David Orr
County Clerk
Clem Balanoff
Director of Elections
69 West Washington, 5th Floor, Chicago, Illinois 60602
Voice: Main Office 312 - 603 -5656, Elections 312 - 603 -0906, Ethics & Campaign Disclosure 312 - 603 -0907
Fax: Main Office 312 - 603 -9788, Elections 312- 603 -9786, Ethics & Campaign Disclosure 312- 603 -9787
TDD: 312 - 603 -0902, E -Mail: dorr@cookctyclerk.com; Web: wwwcookctyderk com
r
r 1,OYALTY OATH: (Optional) Filed with nominating papers. SBE No. P -1 C.
y„
-" STATEMENT OF Filed with the county clerk of the county in which the principal office
ECONOMIC of the unit of local government with which the person is associated is
INTERESTS- located See page 19 regarding the filing of the receipt
[5 ILCS 420/4A -106]
FILING DATES: For established political party candidates and nonpartisan candidates
filing fora primary, December 11 -18, 2006 (not more than 78 nor less
than 71 days prior to the Consolidated Primary). For new party
candidates and independent candidates, JJanu_ary 29 February 5 �
2007 (not more than 78 nor less than 71 days prior to the
Consolidated Election). Caucus certificates for nomination for
established party candidates are filed January 29 - February 5, 2007.
WHERE TO FILE.Municipal clerk, or in those cities having a Board of Election
Commissioners, with the clerk of that Board.
CAMPAIGN Original reports must be filed with the State Board of Elections, 1020
FINANCING South Spring Street, Springfield, IL 62704 or 100 West Randolph
DISCLOSURE. Street, Suite 14 -100, Chicago, IL 60601. Copies of such reports must
be filed with the local county clerk. (See NOTE on P. 20 on electronic
filing)
FAIR CAMPAIGN
PRACTICES ACT- Filed with the county clerk. (Voluntary - see page 21 } ,
TERM BEGINS- T rms
he�te`of eleTctedxrf0nicipal officers shall „commence "at the first
regular Nor= wspecial "Yriie'etingof °the'�orpora'ten authorities during the
�rrior�t. r °lVla= y_faGlto. =g the- p'roclamatIonrof`tlieh results of the regularT.
rL� ,munic�palel,ection at which "" such =off cerstwere "electexcept as nj
otherwise be provided by ordinance fixing the date for inauguration of
newly elected officers of a municipality. No such ordinance shall fix
the time for an inauguration of newly elected officers later than the first
regular or special meeting of the corporate authorities in the month, of
June following such election [65 ILCS 5%3.1- 10 -15]
TERM 4 years. The term may be reduced to 2 years by referendum.
OF OFFICE: 65 ILCS 5/3.1 -10 -75 also provides that any municipality of less than
500,000 in population who originally voted to shorten terms may
submit a proposition to lengthen terms.
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CANVASS AND PROCLAMATION
Local Canvassing boards have been abolished as per (PA 94- 0647). A reference to a local or
county canvassing board means (i) for elections in which the political subdivision that is
choosing candidates or submitting a public question is located entirely within the jurisdiction of
a single election authority, that election authority and (ii) for elections for offices and public
questions in which the political subdivision that is choosing candidates or submitting a public
question is located within the jurisdiction of 2 or more election authorities, the election authority
having jurisdiction over the location at which the political subdivision has its principal office.
[10 ILCS 5/1 -8]
RECOUNTS AND CONTESTS
DISCOVERY RECOUNTS
(10 ILCS 5/22 -9.1, 24A -15.1)
Within five days after, the last day for proclaiming the results, of the election, any losing
candidate who received votes equal to 95% of the number of votes received by any successful
candidate for the same office may file a petition for a discovery recount with the election
authorily. Any five electors of the same area within which votes cast for a public question may
file a petition for discovery if the losing side of the question would have prevailed had it received
an additional number of votes equal to 5% of the total votes cast.
The election authority conducts the discovery recount. The results of a discovery recount cannot
be certified and a discovery recount cannot be used to amend or change the abstract of votes or
used to deny the successful candidate his election. A discovery recount does not change the
results for candidate elections or questions of public policy and the recount cannot be used as a
prerequisite for an election contest or prevent an election contest.
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ELECTION CONTESTS
(10 ILCS 5/17 -30, 17 -32, 17 -33, 18-18,23-20,23-26)
Within 30 days after the election authority (canvassing board) proclaims the results of the
Consolidated Election, any losing candidate for office or any qualified voter in that political
subdivision may contest the election of the winning candidate by filing a petition with the clerk
of the circuit court. [Exception: A contest for the office of alderman is filed and heard by the
city council. (65 ILCS 5/3.1- 40 -10)] The deadline for filing a contest for the Consolidated
Primary is 10 days following the proclamation (10 ILCS 5/7 -63). In the City of Chicago, 65
ILCS 20/21 -27 provides for a different deadline for aldermanic races for primary contests (5
days after the election). Copies of the petition for contest shall be delivered to each election
authority having custody of any ballots involved in the contest.
The circuit court shall hear and determine the election contest. If the court enters judgment in
favor of the plaintiff, it shall either declare elected the person who shall appear to be duly elected
or, if evidence of mistake or irregularity in the conduct of the election is so substantial that it is
impossible to determine the true results of the election as a whole, it may void the election and
order a new election without regard to the consolidated election schedule.
A court hearing an election contest shall grant a petition for recount properly filed where, based
on facts alleged in such petition, there appears a reasonable likelihood the recount will change
the results of the election.
If a new election is ordered as a result of an election contest, the affected political subdivision
pays the cost for conducting the election when such special election is not conducted at the time
of a regular election.
ELECTION CONTESTS - REFERENDA
(10 ILCS 5/23 - 24)
In the case of questions of public policy, any five electors of the political subdivision may
contest the results within 30 days after the results have been determined in the same manner as in
other cases of contested elections. The political subdivision is the defendant. Process is served
as in other suits against the political subdivision and like proceedings are held as in other cases
of contested elections before the court.
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