70 ILCS 605/4-5
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 605/ - Illinois Drainage Code.|Article IV - Commissioners And Other Officers--Selection, Qualifications, Powers And Duties

 (from Ch. 42, par. 4-5)Sec. 4-5.         Election of Commissioners in Districts organized  under Farm Drainage Act and certain other Districts.  Commissioners for all districts which, at the time this Act  becomes effective, are operating and existing under the  provisions of the Farm Drainage Act, shall be elected by  the adult owners of land in the district in the manner provided  by this Section unless the landowners have elected to change  from the election to the appointment of commissioners in the  manner provided in Section 4-6.An election shall be held in all combined, union, special,  user, mutual or other districts which were operating and  existing under the Farm Drainage Act at the time this Act  became effective and in districts which have changed from  the appointment to the election of commissioners as provided  in Section 4-8, on the first Tuesday in September 1956 and  annually thereafter for the purpose of electing a successor  to the commissioner whose term will next expire. Commissioners  so elected shall serve for a term of 3 years from the date of  their election and until their successors have been elected  and have qualified.In any case where the commissioners have failed to give notice  and to hold an election as provided in this Section, the circuit  court of the county in which the district is organized may, on  the petition of any owner of land in the district, designate the  time and place for a special election. Any commissioner elected  at such special election shall serve for the remainder of the  term expiring 3 years from the date on which the election should  have been held and until his successor is elected and has qualified.The commissioners in office shall designate the place within the district  at which the election will be held and they shall file such designation in  writing with the clerk of the circuit court at least four weeks prior to  the date of the election. The clerk shall give at least  two weeks notice of the time and place of the election by publication for  2 successive weeks in the manner provided by Section 4-22.  Notice by mailing shall not be required.Voting shall be by secret ballot. The clerk shall cause the  ballots to be prepared. The ballots shall show on their face  the name of the district,  the date of the election, the term for which a commissioner is  to be elected, the names of the declared candidates and a  blank line for write-in candidates. A square shall appear  before each name and before the blank line. The reverse side  of the ballot shall show the official nature of the ballot by  the certificate of the clerk.Every adult owner of land in the district shall be entitled  to vote. Any qualified person may declare his candidacy for  the office of commissioner and thereby become entitled to have  his name placed on the ballot by filing a statement of his  candidacy in writing with the clerk at least 3 weeks prior  to the date of the election.The commissioners in office at the time of the election shall be the  judges of the election. In the event that one or more of the  commissioners is absent or refuses to serve as judge then the electors  present at the opening of the polls may choose a person or persons to  fill the vacancy or vacancies. The polls shall open at 2:00 P.M. and  close at 4:00 P.M. unless the judges of election shall determine to hold  the polls open a longer period to accommodate the voters. In no event  shall the polls remain open later than 6:00 P.M.Upon the closing of the polls the judges of election shall promptly  canvass the ballots and the ballots together with the poll books, tally  lists and the results shall be returned to the clerk within 48 hours  after the election. The candidate receiving the largest number of votes  shall be declared elected. In case of a tie the judges shall determine  by lot who is elected. The expense of the election shall be borne by the  district.In the event that a vacancy occurs in the office of commissioner  whether by death, ineligibility, removal from office or failure to  qualify the commissioners in office shall fill the vacancy by  appointment. The commissioner so appointed shall serve until the next  annual election. If the unexpired term caused by such vacancy be for  more than one year then, at the next annual election, the adult  landowners shall elect a commissioner to complete the then unexpired  portion of the term in addition to electing a commissioner for a regular term.Commissioners elected under this Section shall, within 20 days after  their election, qualify by subscribing to an oath of office and giving  bond, in the manner provided in Section 4-4.    (Source: P.A. 86-297.)