Full Text of HB2930 94th General Assembly
HB2930eng 94TH GENERAL ASSEMBLY
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HB2930 Engrossed |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 3.1-10-50 as follows:
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| (65 ILCS 5/3.1-10-50)
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| Sec. 3.1-10-50. Vacancies.
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| (a) A municipal officer may resign from office. A vacancy | 9 |
| occurs in an
office by reason of resignation, failure to elect | 10 |
| or qualify (in which case
the incumbent shall remain in office | 11 |
| until the vacancy is filled),
death, permanent physical or | 12 |
| mental disability rendering the person
incapable of performing | 13 |
| the duties of his or her office, conviction of a
disqualifying | 14 |
| crime, abandonment of office, removal from office,
or removal | 15 |
| of residence from the municipality or, in the case of aldermen
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| of a ward or trustees of a district, removal of residence from | 17 |
| the ward or
district, as the case may be.
An admission of guilt | 18 |
| of a criminal offense that would, upon conviction,
disqualify | 19 |
| the municipal officer from holding that office, in the form of | 20 |
| a
written agreement with State or federal prosecutors to plead | 21 |
| guilty to
a felony, bribery, perjury, or other infamous crime | 22 |
| under State or federal
law, shall constitute a resignation from | 23 |
| that office, effective at the time the
plea agreement is made. | 24 |
| For purposes of this Section, a conviction for an
offense that | 25 |
| disqualifies the municipal officer from holding that office | 26 |
| shall
occur on the date of the return of a guilty verdict or, | 27 |
| in the case of a trial
by the court, the entry of a finding of | 28 |
| guilt.
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| (b) If a vacancy occurs in an elective municipal office | 30 |
| with
a 4-year term and there remains an unexpired portion of | 31 |
| the term of at
least 28 months, and the vacancy occurs at least | 32 |
| 130 days before the general
municipal election next scheduled |
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| under the general election law, the vacancy
shall be filled for | 2 |
| the remainder of the term at that general municipal
election. | 3 |
| Whenever an election is held for this purpose, the municipal
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| clerk shall certify the office to be filled and the candidates | 5 |
| for the
office to the proper election authorities as provided | 6 |
| in the general
election law. If the vacancy is in the office of | 7 |
| mayor, the city council
shall elect one of their members acting | 8 |
| mayor; if the vacancy is in the
office of president, the | 9 |
| vacancy shall be filled by the appointment by the trustees of | 10 |
| an acting president from the members of
the board of trustees.
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| In villages with a population of less than 5,000, if each of | 12 |
| the members of
the board of trustees either declines the | 13 |
| appointment as acting
president or is not approved for the | 14 |
| appointment by a majority vote of the
trustees presently | 15 |
| holding office, then the
board of trustees may appoint as | 16 |
| acting president any other
village resident who is qualified to | 17 |
| hold municipal office.
The acting mayor or acting president
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| shall perform the duties and possess all the rights and powers | 19 |
| of the mayor
or president until a successor to fill the vacancy | 20 |
| has been elected and has
qualified. If the vacancy is in any | 21 |
| other elective municipal office, then until
the office is | 22 |
| filled by election, the mayor or president shall appoint a
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| qualified person to the office subject to the advice and | 24 |
| consent of the
city council or trustees.
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| (c) In a 2 year term, or if the vacancy occurs later than | 26 |
| the time provided
in subsection (b) in a 4 year term, a vacancy | 27 |
| in the office of mayor shall be
filled by the corporate | 28 |
| authorities electing one of their members acting mayor;
if the | 29 |
| vacancy is in the office of president, the vacancy shall be | 30 |
| filled by
the appointment by the trustees of an acting
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| president from the members of the board of trustees.
In | 32 |
| villages with a population of less than 5,000, if each of the | 33 |
| members of
the board of trustees either declines the | 34 |
| appointment as acting
president or is not approved for the | 35 |
| appointment by a majority vote of the
trustees presently | 36 |
| holding office, then the
board of trustees may appoint as |
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| acting president any other
village resident who is qualified to | 2 |
| hold municipal office.
The acting mayor or
acting president | 3 |
| shall perform the duties and possess all the rights and powers
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| of the mayor or president until a mayor or president is elected | 5 |
| at the next
general municipal election and has qualified. A | 6 |
| vacancy in any elective office
other than mayor or president | 7 |
| shall be filled by appointment by the mayor or
president, with | 8 |
| the advice and consent of the corporate authorities.
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| (d) The election of an acting mayor or acting president in | 10 |
| a municipality with a population under 500,000 does not create | 11 |
| a vacancy in the original office of the person on the city | 12 |
| council or as a trustee, as the case may be, unless the person | 13 |
| resigns from the original office following election as acting | 14 |
| mayor
or acting president. If the person resigns from the | 15 |
| original office following
election as acting mayor or acting | 16 |
| president, then the original office must be filled pursuant to | 17 |
| the terms of this Section and the acting mayor or acting | 18 |
| president shall
exercise the powers of the mayor or president | 19 |
| and shall vote and have veto power in the manner provided by | 20 |
| law for a mayor or president. If the person does not resign | 21 |
| from
the original office following election as acting mayor or | 22 |
| acting president, then the
acting mayor or acting president | 23 |
| shall exercise the powers of the mayor or president but shall | 24 |
| be entitled to vote only in the manner provided for as the | 25 |
| holder of the original office and shall not have the power to | 26 |
| veto. If the person does not resign from the
original office | 27 |
| following election as acting mayor or acting president, and if | 28 |
| that person's original term of office has not expired when a | 29 |
| mayor or president is elected and has
qualified for office, the | 30 |
| acting mayor or acting president shall return to the original | 31 |
| office for the remainder of the term thereof. | 32 |
| (e)
(d) Municipal officers appointed or elected under this | 33 |
| Section shall
hold office until their successors are elected | 34 |
| and have qualified.
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| (f)
(e) An appointment to fill a vacancy in the office of | 36 |
| alderman shall be
made within 60 days after the vacancy occurs. |
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| The requirement that an
appointment be made within 60 days is | 2 |
| an exclusive power and function of the
State and is a denial | 3 |
| and limitation under Article VII, Section 6, subsection
(h) of | 4 |
| the Illinois Constitution of the power of a home rule | 5 |
| municipality to
require that an appointment be made within a | 6 |
| different period after the vacancy
occurs.
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| (Source: P.A. 90-429, eff. 8-15-97; 90-707, eff. 8-7-98; | 8 |
| 91-357, eff.
7-29-99.)
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| Section 99. Effective date. This Act takes effect January | 10 |
| 1, 2006.
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