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Sec.[Section] 1. Be it enacted by the people of the state of Illinois represented in the General Assembly. That an Election shall be held on the first Monday ^in August^ next, and on the first Monday in August every two years there after in each county in the state for the purpose of Electing a school commissioner, said commissioners where so Elected shall continue in office for the term of two years, and until their successors are Elected and qualified to office; and previous to entering upon the duties of their respective offices shall enter into bond with approved securities as is now required by law, and which securities shall be approved by the County Commissioners Court.
Sec. 2. The Elections provided for by this act shall be held in the same places and conducted in all respects as is now provided for in the law regulating Elections; and in case of vacancies by death, resignation[,] or otherwise, such vacancies shall be filled in the manner provided, for filling vacancies by a law regulating Elections, in the in the election of County Commissioners; and in all contested Elections of the afore named officers it shall be settled as provided in the act in relation to contested electi[ons] of sheriffs and Coroners.
Sec. 3. Every school commissioner who shall neglect or refuse to deliver over to his successor in office, all papers, books[,] and moneys in his possession, as well as all and every thing appertaining to his respective office, he shall forfeit and pay any sum of money not exceeding the amount of his bonds which penalty when so recovered shall be added to and form a part of the school fund of the county; and shall be
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imprisoned for any term not exceeding six months, and also be liable for any defalcation on his bonds. Provided however that if the county commissioners court on settlement with said school commissioner shall find him in default, they may remove him from office, and in case of removal the vacancy shall be filled in the manner provided for in the second section of this act.
Sec. 4. All laws or parts of laws coming in conflict with the provisions of this act shall be repealed [from?] and [after?] the time when the school commissioners elected by the people as herein provided for shall be duly qualified to enter upon the discharge of the duties of their office

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[ certification ]
01/27/1840
Passed House Reps
Jan 27th 1840
J Calhoun Clk[Clerk] H R.
[ docketing ]
H. R. No 102.
A Bill for an act making School Commissioners Elective by the people
[ docketing ]
[01]/[17]/[1840]
Engrossed
[ docketing ]
26
[ docketing ]
[01]/[27]/[1840]
Passed
1On December 19, 1839, John Moore introduced HB 34 in the House of Representatives, and the House referred the bill to the Committee on Education. On December 27, the committee reported the bill with amendments, and the House agreed to the amendments. The House then voted against a member’s motion to further amend the bill and also voted against a motion to indefinitely postpone the bill and amendments; the vote on the later motion was 25 yeas to 53 nays, with Abraham Lincoln voting yea. After the vote, the House referred the bill to a select committee. On January 13, the select committee reported the bill without further amendment. On January 27, the House passed the bill by a vote of 54 yeas to 27 nays, with Lincoln voting nay. (There is no evidence of Senate action on this bill.)
Journal of the House of Representatives of the Eleventh General Assembly of the State of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 62, 165, 195, 222, 261; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at Their Called Session, Begun and Held in Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 189.

Handwritten Document, 4 page(s), Folder 33, HB 34, GA Session 11-S, Illinois State Archives (Springfield, IL) ,