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Public Act 101-0104
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| HB3141 Enrolled | LRB101 10442 AWJ 55548 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Township Code is amended by changing Section |
60-5 as follows:
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(60 ILCS 1/60-5)
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Sec. 60-5. Filling vacancies in township offices. |
(a) Except for the office of
township or multi-township |
assessor, if a township fails to elect the number of
township |
officers that the township is entitled to by law, or a person |
elected
to any township office fails to qualify, or a vacancy |
in any township office
occurs for any other reason including |
without limitation the resignation of an officer or the |
conviction in any court of the State of Illinois or of the |
United States of an officer for an infamous crime, then the |
township board shall fill the vacancy by
appointment, by |
warrant under their signatures and seals, and the persons so
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appointed shall hold their respective offices for the remainder |
of the
unexpired terms. All persons so appointed shall have the |
same powers and
duties and are subject to the same penalties as |
if they had been elected or
appointed for a full term of |
office. A vacancy in the office of township or
multi-township |
assessor shall be filled only as provided in the Property Tax
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Code.
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For purposes of this subsection (a), a conviction for an |
offense that disqualifies an officer from holding that office |
occurs on the date of (i) the entry of a plea of guilty in |
court, (ii) the return of a guilty verdict, or (iii) in the |
case of a trial by the court, the entry of a finding of guilt. |
(b) If a vacancy on the township board is not filled within |
60 days, then a
special township meeting must be called under |
Section 35-5 to select a
replacement under Section 35-35.
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(b-5) If the vacancy being filled under subsection (a) or |
(b) is for the township supervisor, a trustee shall be |
appointed as deputy supervisor to perform the ministerial |
functions of that office until the vacancy is filled under |
subsections (a) or (b). Once the vacancy is filled under |
subsections (a) or (b), the deputy supervisor's appointment is |
terminated. |
(c) Except as otherwise provided in this Section, whenever |
any township or
multi-township office becomes vacant or |
temporarily vacant due to a physical
incapacity of a township |
officer, the township or multi-township board may
temporarily |
appoint a deputy to perform the ministerial functions of the |
vacant
office until the vacancy has been filled as provided in |
subsection (a) or (b). If the office is temporarily vacant, the |
temporarily appointed deputy may perform the ministerial |
functions of the vacant office until the physically |
incapacitated township officer submits a written
statement to |
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the appropriate board that he or she is physically able to |
resume perform
his or her duties duty. The statement shall be |
sworn to before an officer authorized
to administer oaths in |
this State. A temporary deputy shall not be permitted
to vote |
at any meeting of the township board on any matter properly |
before the
board unless the appointed deputy is a trustee of |
the board at the time of the vote. If the appointed deputy is a |
trustee appointed as a temporary deputy, his or her trustee |
compensation shall be suspended until he or she concludes his |
or her appointment as an appointed deputy upon the permanent |
appointment to fill the vacancy. The compensation of a |
temporary deputy shall be determined by the
appropriate board. |
The township board shall not appoint a deputy clerk if
the |
township clerk has appointed a deputy clerk under Section |
75-45.
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(d) Except for the temporary appointment of a deputy under |
subsection (c), any Any person appointed to fill a vacancy |
under this Section shall be a
member of the same political |
party as the person vacating the office if the
person vacating |
the office was elected as a member of an established
political |
party, under Section 10-2 of the Election Code, that is
still |
in existence at the time of appointment. The appointee shall
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establish his or her political party affiliation by his or her |
record
of voting in party primary
elections or
by holding or |
having held an office in a political party organization before
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appointment. If the appointee has not voted in a party primary |