|
| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4574 Introduced 2/3/2026, by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: | | 60 ILCS 1/55-6 rep. | | 65 ILCS 5/3.1-10-5 | from Ch. 24, par. 3.1-10-5 | 65 ILCS 5/6-3-9 | from Ch. 24, par. 6-3-9 |
| Specifies that the amendatory Act may be referred to as the Public Office Eligibility and Criminal Conviction Clarification Act. Amends the Township Code. Repeals a provision that makes a person ineligible to hold any office under the Code if the person, at the time required for taking the oath of office, has been convicted of a felony. Amends the Illinois Municipal Code. In a provision concerning qualification for specified elective offices, deletes provisions which prohibit a person from taking the oath of office if the person has been convicted of a felony. |
| |
| | A BILL FOR |
|
|
| | HB4574 | | LRB104 19027 WRO 32472 b |
|
|
| 1 | | AN ACT concerning local government. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 1. References to Act. This Act may be referred to |
| 5 | | as the Public Office Eligibility and Criminal Conviction |
| 6 | | Clarification Act. |
| 7 | | (60 ILCS 1/55-6 rep.) |
| 8 | | Section 5. The Township Code is amended by repealing |
| 9 | | Section 55-6. |
| 10 | | Section 10. The Illinois Municipal Code is amended by |
| 11 | | changing Sections 3.1-10-5 and 6-3-9 as follows: |
| 12 | | (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5) |
| 13 | | Sec. 3.1-10-5. Qualifications; elective office. |
| 14 | | (a) A person is not eligible for an elective municipal |
| 15 | | office unless that person is a qualified elector of the |
| 16 | | municipality and has resided in the municipality at least one |
| 17 | | year next preceding the election or appointment, except as |
| 18 | | provided in Section 3.1-20-25, subsection (b) of Section |
| 19 | | 3.1-25-75, Section 5-2-2, or Section 5-2-11. |
| 20 | | (b) A person is not eligible to take the oath of office for |
| 21 | | a municipal office if that person is, at the time required for |
|
| | HB4574 | - 2 - | LRB104 19027 WRO 32472 b |
|
|
| 1 | | taking the oath of office, in arrears in the payment of a tax |
| 2 | | or other indebtedness due to the municipality. or has been |
| 3 | | convicted in any court located in the United States of any |
| 4 | | infamous crime, bribery, perjury, or other felony, unless such |
| 5 | | person is again restored to his or her rights of citizenship |
| 6 | | that may have been forfeited under Illinois law as a result of |
| 7 | | a conviction, which includes eligibility to hold elected |
| 8 | | municipal office, by the terms of a pardon for the offense, has |
| 9 | | received a restoration of rights by the Governor, or otherwise |
| 10 | | according to law. Any time after a judgment of conviction is |
| 11 | | rendered, a person convicted of an infamous crime, bribery, |
| 12 | | perjury, or other felony may petition the Governor for a |
| 13 | | restoration of rights. |
| 14 | | The changes made to this subsection by this amendatory Act |
| 15 | | of the 102nd General Assembly are declarative of existing law |
| 16 | | and apply to all persons elected at the April 4, 2017 |
| 17 | | consolidated election and to persons elected or appointed |
| 18 | | thereafter. |
| 19 | | (b-5) (Blank). |
| 20 | | (c) A person is not eligible for the office of alderperson |
| 21 | | of a ward unless that person has resided in the ward that the |
| 22 | | person seeks to represent, and a person is not eligible for the |
| 23 | | office of trustee of a district unless that person has resided |
| 24 | | in the municipality, at least one year next preceding the |
| 25 | | election or appointment, except as provided in Section |
| 26 | | 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, |
|
| | HB4574 | - 3 - | LRB104 19027 WRO 32472 b |
|
|
| 1 | | or Section 5-2-11. |
| 2 | | (d) If a person (i) is a resident of a municipality |
| 3 | | immediately prior to the active duty military service of that |
| 4 | | person or that person's spouse, (ii) resides anywhere outside |
| 5 | | of the municipality during that active duty military service, |
| 6 | | and (iii) immediately upon completion of that active duty |
| 7 | | military service is again a resident of the municipality, then |
| 8 | | the time during which the person resides outside the |
| 9 | | municipality during the active duty military service is deemed |
| 10 | | to be time during which the person is a resident of the |
| 11 | | municipality for purposes of determining the residency |
| 12 | | requirement under subsection (a). |
| 13 | | (Source: P.A. 102-15, eff. 6-17-21.) |
| 14 | | (65 ILCS 5/6-3-9) (from Ch. 24, par. 6-3-9) |
| 15 | | Sec. 6-3-9. Qualifications of mayor, city clerk, city |
| 16 | | treasurer and alderpersons - eligibility for other office. No |
| 17 | | person shall be eligible to the office of mayor, city clerk, |
| 18 | | city treasurer or alderperson: |
| 19 | | (1) Unless he is a qualified elector of the |
| 20 | | municipality and has resided therein at least one year |
| 21 | | next preceding his election or appointment; or |
| 22 | | (2) Unless, in the case of alderpersons, he resides |
| 23 | | within the ward for which he is elected; or |
| 24 | | (3) If he is in arrears in the payment of any tax or |
| 25 | | other indebtedness due to the city. ; or |
|
| | HB4574 | - 4 - | LRB104 19027 WRO 32472 b |
|
|
| 1 | | (4) If he has been convicted in Illinois state courts |
| 2 | | or in courts of the United States of malfeasance in |
| 3 | | office, bribery, or other infamous crime. |
| 4 | | No alderperson shall be eligible to any office, except |
| 5 | | that of acting mayor or mayor pro tem, the salary of which is |
| 6 | | payable out of the city treasury, if at the time of his |
| 7 | | appointment he is a member of the city council. |
| 8 | | (Source: P.A. 102-15, eff. 6-17-21.) |