70 ILCS 605/4-6
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. 4-6)Sec. 4-6.         Change  from election to appointment of Commissioners in certain districts.In all districts which were operating and existing under the provisions  of 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, 10 per cent or more of the adult  landowners may petition the court to dispense with the annual election of  commissioners and to appoint commissioners in the same manner as though the  district had been originally organized under this Act. Upon the filing of  any such petition the same shall be presented to the court which shall fix  the date and hour for hearing and direct the time and manner of giving  notice. Upon such hearing the court shall determine whether the petition is  signed by at least 10 per cent of the adult owners of land in the district.  The affidavit of one or more credible persons may be taken as prima facie  evidence as to the proportion of the owners signing the petition. If the  petition is not so signed the petition shall be dismissed at the  petitioners' cost.If at such hearing, the court determines that the petition is signed by  at least 10 per cent of such owners but is not signed by a majority of such  owners then the court shall order the question of whether the commissioners  of the district shall be appointed in the manner provided or elected by the  adult landowners of the district submitted to the adult landowners at the  next annual election in the district and shall direct the clerk of the  district to prepare separate ballots on that question for use in that  election. The ballots shall be canvassed by the judges of the election and  the ballots and the results of the election returned to the clerk at the  same time and in the same manner as is provided in Section 4-5 with  reference to the election of commissioners.Within five days after the results of the election are returned to the  clerk he shall report the results to the court. If a majority of the owners  voting on the question do not favor the appointment of commissioners the  petition shall be dismissed and the question may not again be put to the  landowners until the second succeeding annual election. If a majority of  the owners voting on the question favor the appointment of commissioners in  the manner provided and the dispensing with the annual election of  commissioners the court shall order that thenceforth the annual elections  of the district shall be dispensed with and thereafter the commissioners  shall be appointed in the manner provided in this Act.If at the hearing on the petition the court determines that the petition  is signed by a majority of the adult owners of land in the district then no  referendum on the question shall be necessary and the court shall thereupon  order that thenceforth the annual elections of the district shall be  dispensed with and thereafter the commissioners shall be appointed in the  manner provided by this Act.The commissioners in office at the time an order dispensing with further  elections is given or made shall continue in office until the time that  their successors would have been elected under the provisions of Section  4-5 and until their successors have been appointed and shall have  qualified.    (Source: P.A. 77-701.)