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.


LRB104 19027 WRO 32472 b

 

 

A BILL FOR

 

HB4574LRB104 19027 WRO 32472 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. References to Act. This Act may be referred to
5as the Public Office Eligibility and Criminal Conviction
6Clarification Act.
 
7    (60 ILCS 1/55-6 rep.)
8    Section 5. The Township Code is amended by repealing
9Section 55-6.
 
10    Section 10. The Illinois Municipal Code is amended by
11changing 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
15office unless that person is a qualified elector of the
16municipality and has resided in the municipality at least one
17year next preceding the election or appointment, except as
18provided in Section 3.1-20-25, subsection (b) of Section
193.1-25-75, Section 5-2-2, or Section 5-2-11.
20    (b) A person is not eligible to take the oath of office for
21a municipal office if that person is, at the time required for

 

 

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1taking the oath of office, in arrears in the payment of a tax
2or other indebtedness due to the municipality. or has been
3convicted in any court located in the United States of any
4infamous crime, bribery, perjury, or other felony, unless such
5person is again restored to his or her rights of citizenship
6that may have been forfeited under Illinois law as a result of
7a conviction, which includes eligibility to hold elected
8municipal office, by the terms of a pardon for the offense, has
9received a restoration of rights by the Governor, or otherwise
10according to law. Any time after a judgment of conviction is
11rendered, a person convicted of an infamous crime, bribery,
12perjury, or other felony may petition the Governor for a
13restoration of rights.
14    The changes made to this subsection by this amendatory Act
15of the 102nd General Assembly are declarative of existing law
16and apply to all persons elected at the April 4, 2017
17consolidated election and to persons elected or appointed
18thereafter.
19    (b-5) (Blank).
20    (c) A person is not eligible for the office of alderperson
21of a ward unless that person has resided in the ward that the
22person seeks to represent, and a person is not eligible for the
23office of trustee of a district unless that person has resided
24in the municipality, at least one year next preceding the
25election or appointment, except as provided in Section
263.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,

 

 

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1or Section 5-2-11.
2    (d) If a person (i) is a resident of a municipality
3immediately prior to the active duty military service of that
4person or that person's spouse, (ii) resides anywhere outside
5of the municipality during that active duty military service,
6and (iii) immediately upon completion of that active duty
7military service is again a resident of the municipality, then
8the time during which the person resides outside the
9municipality during the active duty military service is deemed
10to be time during which the person is a resident of the
11municipality for purposes of determining the residency
12requirement 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
16treasurer and alderpersons - eligibility for other office. No
17person shall be eligible to the office of mayor, city clerk,
18city 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

 

 

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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
5that of acting mayor or mayor pro tem, the salary of which is
6payable out of the city treasury, if at the time of his
7appointment he is a member of the city council.
8(Source: P.A. 102-15, eff. 6-17-21.)