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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Township Code is amended by changing Section | |||||||||||||||||||
5 | 60-5 as follows:
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6 | (60 ILCS 1/60-5)
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7 | Sec. 60-5. Filling vacancies in township offices. | |||||||||||||||||||
8 | (a) Except for the office of
township or multi-township | |||||||||||||||||||
9 | assessor, if a township fails to elect the number of
township | |||||||||||||||||||
10 | officers that the township is entitled to by law, or a person | |||||||||||||||||||
11 | elected
to any township office fails to qualify, or a vacancy | |||||||||||||||||||
12 | in any township office
occurs for any other reason including | |||||||||||||||||||
13 | without limitation the resignation of an officer or the | |||||||||||||||||||
14 | conviction in any court of the State of Illinois or of the | |||||||||||||||||||
15 | United States of an officer for an infamous crime, then the | |||||||||||||||||||
16 | township board shall fill the vacancy by
appointment, by | |||||||||||||||||||
17 | warrant under their signatures and seals, and the persons so
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18 | appointed shall hold their respective offices for the remainder | |||||||||||||||||||
19 | of the
unexpired terms. All persons so appointed shall have the | |||||||||||||||||||
20 | same powers and
duties and are subject to the same penalties as | |||||||||||||||||||
21 | if they had been elected or
appointed for a full term of | |||||||||||||||||||
22 | office. A vacancy in the office of township or
multi-township | |||||||||||||||||||
23 | assessor shall be filled only as provided in the Property Tax
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1 | Code.
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2 | For purposes of this subsection (a), a conviction for an | ||||||
3 | offense that disqualifies an officer from holding that office | ||||||
4 | occurs on the date of (i) the entry of a plea of guilty in | ||||||
5 | court, (ii) the return of a guilty verdict, or (iii) in the | ||||||
6 | case of a trial by the court, the entry of a finding of guilt. | ||||||
7 | (b) If a vacancy on the township board is not filled within | ||||||
8 | 60 days, then a
special township meeting must be called under | ||||||
9 | Section 35-5 to select a
replacement under Section 35-35.
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10 | (b-5) If the vacancy being filled under subsection (a) or | ||||||
11 | (b) is for the township supervisor, the appointed member shall | ||||||
12 | fulfill the bond requirement under Section 70-5 of this Code. | ||||||
13 | The appointed supervisor may be a trustee appointed by a | ||||||
14 | majority vote of the trustees and shall have one vote on each | ||||||
15 | matter properly before the board. | ||||||
16 | (c) Except as otherwise provided in this Section, whenever | ||||||
17 | any township or
multi-township office becomes vacant or | ||||||
18 | temporarily vacant due to a physical
incapacity of a township | ||||||
19 | officer , the township or multi-township board may
temporarily | ||||||
20 | appoint a deputy to perform the ministerial functions of the | ||||||
21 | vacant
office until the vacancy has been filled as provided in | ||||||
22 | subsection (a) or (b) physically incapacitated township | ||||||
23 | officer submits a written
statement to the appropriate board | ||||||
24 | that he or she is physically able to perform
his or her duty. | ||||||
25 | The statement shall be sworn to before an officer authorized
to | ||||||
26 | administer oaths in this State . A temporary deputy shall not be |
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1 | permitted
to vote at any meeting of the township board on any | ||||||
2 | matter properly before the
board unless the appointed deputy is | ||||||
3 | a trustee of the board at the time of the vote. The | ||||||
4 | compensation of a temporary deputy, including a trustee | ||||||
5 | appointed as a temporary deputy, shall be the same as the | ||||||
6 | compensation set by the board for the vacant position. If the | ||||||
7 | appointed deputy is a trustee appointed as a temporary deputy, | ||||||
8 | his or her trustee compensation shall be suspended until he or | ||||||
9 | she concludes his or her appointment as an appointed deputy | ||||||
10 | upon the permanent appointment to fill the vacancy . The | ||||||
11 | compensation of a temporary deputy shall be determined by the
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12 | appropriate board. The township board shall not appoint a | ||||||
13 | deputy clerk if
the township clerk has appointed a deputy clerk | ||||||
14 | under Section 75-45.
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15 | (d) Except for the temporary appointment of a deputy under | ||||||
16 | subsection (c), any Any person appointed to fill a vacancy | ||||||
17 | under this Section shall be a
member of the same political | ||||||
18 | party as the person vacating the office if the
person vacating | ||||||
19 | the office was elected as a member of an established
political | ||||||
20 | party, under Section 10-2 of the Election Code, that is
still | ||||||
21 | in existence at the time of appointment. The appointee shall
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22 | establish his or her political party affiliation by his or her | ||||||
23 | record
of voting in party primary
elections or
by holding or | ||||||
24 | having held an office in a political party organization before
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25 | appointment. If the appointee has not voted in a party primary | ||||||
26 | election
or
is not holding
or has not held an office in a |
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1 | political party organization before the
appointment, then the
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2 | appointee shall establish his or her political party | ||||||
3 | affiliation by his or her
record of
participating in a | ||||||
4 | political party's nomination or election caucus.
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5 | (Source: P.A. 97-295, eff. 1-1-12.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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