Full Text of HB0962 95th General Assembly
HB0962enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning vacancies in public office.
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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 Election Code is amended by changing Section | 5 |
| 25-2 as follows:
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| (10 ILCS 5/25-2) (from Ch. 46, par. 25-2)
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| Sec. 25-2. Events on which an elective office becomes | 8 |
| vacant. Every
elective office shall become vacant on the | 9 |
| happening of any
of the following events before the expiration | 10 |
| of the term of such office:
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| (1) The death of the incumbent.
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| (2) His or her resignation.
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| (3) His or her becoming a person under legal
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| disability.
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| (4) His or her ceasing to be an inhabitant of the | 16 |
| State; or if the office
is local, his or her ceasing to be | 17 |
| an inhabitant of the district,
county, town, or precinct | 18 |
| for which he or she was elected; provided, that the
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| provisions of this paragraph shall not apply to township | 20 |
| officers whose
township boundaries are changed in | 21 |
| accordance with Section 10-20 of
the Township Code, to a | 22 |
| township officer after disconnection as set forth in | 23 |
| Section 15-17 of the Township Code, nor to township or |
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| multi-township assessors elected under
Sections 2-5 | 2 |
| through 2-15 of the Property Tax Code.
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| (5) His or her conviction of an infamous crime, or of
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| any offense involving a violation of official oath.
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| (6) His or her removal from office.
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| (7) His or her refusal or neglect to take his or her
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| oath of office, or to give or renew his or her official | 8 |
| bond, or to deposit or
file such oath or bond within the | 9 |
| time prescribed by law.
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| (8) The decision of a competent tribunal declaring his
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| or her election void.
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| No elective office, except as herein otherwise provided, | 13 |
| shall become
vacant until the successor of the incumbent of | 14 |
| such office has been appointed
or elected, as the case may be, | 15 |
| and qualified.
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| An unconditional resignation, effective at a future date, | 17 |
| may not be
withdrawn after it is received by the officer | 18 |
| authorized to fill the
vacancy. Such resignation shall create a | 19 |
| vacancy in office for the purpose
of determining the time | 20 |
| period which would require an election. The
resigning office | 21 |
| holder may continue to hold such office until the date or
event | 22 |
| specified in such resignation, but no later than the date at | 23 |
| which
his or her successor is elected and qualified.
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| An admission of guilt of a criminal offense that would, | 25 |
| upon conviction,
disqualify the holder of an elective office | 26 |
| from holding that office, in the
form of a written agreement |
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| with State or federal prosecutors to plead guilty
to a felony, | 2 |
| bribery, perjury, or other infamous crime under State or | 3 |
| federal
law, shall constitute a resignation from that office, | 4 |
| effective at the time the
plea agreement is made.
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| For purposes of this Section, a conviction for an offense | 6 |
| that disqualifies
the holder of an elective office from holding | 7 |
| that office shall occur on the
date of the return of a guilty | 8 |
| verdict or, in the case of a trial by the court,
the entry of a | 9 |
| finding of guilt.
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| This Section does not apply to any elected or appointed | 11 |
| officers or officials of any municipality having a population | 12 |
| under 500,000.
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| (Source: P.A. 94-529, eff. 8-10-05.)
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| Section 10. The Illinois Municipal Code is amended by | 15 |
| changing Sections 3.1-10-5, 3.1-10-50, 3.1-20-25, 3.1-25-75, | 16 |
| 5-2-11, and 5-2-15 and by adding Section 3.1-10-51 as follows:
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| (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
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| Sec. 3.1-10-5. Qualifications; elective office.
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| (a) A person is not eligible for an elective municipal | 20 |
| office unless that
person is a qualified elector of the | 21 |
| municipality and has resided in the
municipality at least
one | 22 |
| year next preceding the election or appointment, except as | 23 |
| provided in subsection (c) of Section 3.1-20-25, subsection (b) | 24 |
| of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11 .
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| (b) A person is not eligible for an elective municipal | 2 |
| office if that
person is in arrears
in the payment of a tax or | 3 |
| other indebtedness due to the municipality or
has been | 4 |
| convicted in any court located in the United States of any | 5 |
| infamous
crime,
bribery, perjury, or other felony.
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| (c) A person is not eligible for the office of
alderman of | 7 |
| a ward unless that person has resided
in the ward that the | 8 |
| person seeks to represent, and a person is not eligible for the | 9 |
| office of trustee of a district unless that person has resided | 10 |
| in the
municipality, at least one year next
preceding the | 11 |
| election or appointment, except
as provided in subsection (c) | 12 |
| of Section 3.1-20-25, subsection (b) of Section 3.1-25-75, | 13 |
| Section 5-2-2, or Section 5-2-11.
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| (Source: P.A. 93-847, eff. 7-30-04.)
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| (65 ILCS 5/3.1-10-50)
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| Sec. 3.1-10-50. Events upon which an elective office | 17 |
| becomes vacant in municipality with population under 500,000
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| Vacancies .
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| (a) Vacancy by resignation. A resignation is not effective | 20 |
| unless it is in
writing, signed by the person holding the | 21 |
| elective office, and notarized.
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| (1) Unconditional resignation. An unconditional | 23 |
| resignation by a person holding the elective office may | 24 |
| specify a future date, not later than 60 days after the | 25 |
| date the resignation is received by the officer authorized |
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| to fill the vacancy, at
which time it becomes operative, | 2 |
| but the resignation may not be withdrawn after it is
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| received by the officer authorized to fill the vacancy. The | 4 |
| effective date of a resignation that does not specify a | 5 |
| future date at which it becomes operative is the date the
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| resignation is received by the officer authorized to fill | 7 |
| the vacancy. The effective date of
a resignation that has a | 8 |
| specified future effective date is that specified future | 9 |
| date or the date the resignation is received by the officer | 10 |
| authorized to fill the vacancy, whichever date occurs | 11 |
| later. | 12 |
| (2) Conditional resignation. A resignation that does | 13 |
| not become
effective unless a specified event occurs can be | 14 |
| withdrawn at any time prior to the occurrence of the | 15 |
| specified event, but if not withdrawn, the effective date | 16 |
| of the
resignation is the date of the occurrence of the | 17 |
| specified event or the date the resignation is received by | 18 |
| the officer authorized to fill the vacancy, whichever date | 19 |
| occurs later. | 20 |
| (3) Vacancy upon the effective date. For the purpose of | 21 |
| determining the time period that would require an election | 22 |
| to fill the vacancy by resignation or the commencement of | 23 |
| the 60-day time period referred to in subsection (e), the | 24 |
| resignation of an elected officer is deemed to have created | 25 |
| a vacancy as of the effective date of the resignation. | 26 |
| (4) Duty of the clerk. If a resignation is delivered to |
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| the clerk of the municipality, the clerk shall forward a | 2 |
| certified copy of the written resignation to the official | 3 |
| who is authorized to fill the vacancy within 7 business | 4 |
| days after receipt of the resignation. | 5 |
| (b) Vacancy by death or disability. A vacancy occurs in an | 6 |
| office by reason
of the death of the incumbent. The date of the | 7 |
| death may be established by the date shown on the death
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| certificate. A vacancy occurs in an office by permanent | 9 |
| physical or
mental disability rendering the person incapable of | 10 |
| performing the duties of the office.
The corporate authorities | 11 |
| have the authority to make the determination whether an officer | 12 |
| is incapable of performing the duties of the office because of | 13 |
| a permanent physical or mental disability. A finding of mental | 14 |
| disability shall not be made prior to the appointment by a | 15 |
| court of a guardian ad litem for the officer or until a duly | 16 |
| licensed
doctor certifies, in writing, that the officer is | 17 |
| mentally impaired to the extent that the
officer is unable to | 18 |
| effectively perform the duties of the office. If the corporate
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| authorities find that an officer is incapable of performing the | 20 |
| duties of the office due to permanent
physical or mental | 21 |
| disability, that person is removed from the office and the | 22 |
| vacancy of the office occurs on the date of the determination. | 23 |
| (c) Vacancy by other causes. | 24 |
| (1) Abandonment and other causes. A vacancy occurs in | 25 |
| an office by reason of abandonment of office; removal from | 26 |
| office; or failure to qualify; or more than
temporary |
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| removal of residence from the municipality; or in the case | 2 |
| of an alderman of a ward or councilman or trustee of a | 3 |
| district, more than temporary removal of residence
from the | 4 |
| ward or district, as the case may be. The corporate | 5 |
| authorities have the authority to determine whether a | 6 |
| vacancy under this subsection has occurred. If the | 7 |
| corporate authorities determine that a vacancy exists, the | 8 |
| office is deemed vacant as of the date of that | 9 |
| determination for all purposes including the calculation | 10 |
| under subsections (e), (f), and (g). | 11 |
| (2) Guilty of a criminal offense. An admission of guilt | 12 |
| of a criminal
offense that upon conviction would disqualify | 13 |
| the municipal officer from holding the
office, in the form | 14 |
| of a written agreement with State or federal prosecutors to | 15 |
| plead guilty to a felony, bribery, perjury, or other | 16 |
| infamous crime under State or federal law, constitutes a | 17 |
| resignation from that office, effective on the date the | 18 |
| plea agreement is made. For purposes of this Section, a | 19 |
| conviction for an offense that disqualifies a municipal | 20 |
| officer from holding that office occurs on the date of the | 21 |
| return of a guilty verdict or, in the case of a trial by | 22 |
| the court, on the entry of a finding of guilt. | 23 |
| (3) Election declared void. A vacancy occurs on the | 24 |
| date of the decision of a competent tribunal declaring the | 25 |
| election of the officer void. | 26 |
| (d) Election of an acting mayor or acting president. The |
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| election of an acting mayor or acting president pursuant to | 2 |
| subsection (f) or (g) does not create a vacancy in the original | 3 |
| office of the person on the city council or as a trustee, as | 4 |
| the case may be, unless the person resigns from the original | 5 |
| office following election as acting mayor
or acting president. | 6 |
| If the person resigns from the original office following
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| election as acting mayor or acting president, then the original | 8 |
| office must be filled pursuant to the terms of this Section and | 9 |
| the acting mayor or acting president shall
exercise the powers | 10 |
| of the mayor or president and shall vote and have veto power in | 11 |
| the manner provided by law for a mayor or president. If the | 12 |
| person does not resign from
the original office following | 13 |
| election as acting mayor or acting president, then the
acting | 14 |
| mayor or acting president shall exercise the powers of the | 15 |
| mayor or president but shall be entitled to vote only in the | 16 |
| manner provided for as the holder of the original office and | 17 |
| shall not have the power to veto. If the person does not resign | 18 |
| from the
original office following election as acting mayor or | 19 |
| acting president, and if that person's original term of office | 20 |
| has not expired when a mayor or president is elected and has
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| qualified for office, the acting mayor or acting-president | 22 |
| shall return to the original office for the remainder of the | 23 |
| term thereof. | 24 |
| (e) Appointment to fill alderman or trustee vacancy. An | 25 |
| appointment by the
mayor or president or acting mayor or acting | 26 |
| president, as the case may be, of a qualified person as |
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| described in Section 3.1-10-5 of this Code to fill a vacancy in | 2 |
| the office of alderman or trustee must be made within 60 days | 3 |
| after the vacancy occurs. Once the appointment of the qualified | 4 |
| person has been forwarded to the corporate
authorities, the | 5 |
| corporate authorities shall act upon the appointment within 30 | 6 |
| days. If the appointment fails to receive the advice and | 7 |
| consent of the corporate authorities within 30 days, the mayor | 8 |
| or president or acting mayor or acting president shall appoint | 9 |
| and forward to the corporate authorities a second qualified | 10 |
| person as described in Section 3.1-10-5. Once the appointment | 11 |
| of the second qualified person has been
forwarded to the | 12 |
| corporate authorities, the corporate authorities shall act | 13 |
| upon the
appointment within 30 days. If the appointment of the | 14 |
| second qualified person also fails to receive the advice and | 15 |
| consent of the corporate authorities, then the mayor or | 16 |
| president or acting mayor or acting president, without the | 17 |
| advice and consent of the corporate authorities, may make a | 18 |
| temporary appointment from those persons who were appointed but | 19 |
| whose appointments failed to receive the advice and consent of | 20 |
| the corporate authorities. The person receiving the temporary | 21 |
| appointment shall serve until an appointment has received the | 22 |
| advice and consent and the appointee has qualified or until a | 23 |
| person has been elected and has qualified, whichever first | 24 |
| occurs. | 25 |
| (f) Election to fill vacancies in municipal offices with | 26 |
| 4-year terms. If a vacancy occurs in an elective municipal |
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| office with a 4-year term and there remains an unexpired | 2 |
| portion of the term of at least 28 months, and the vacancy | 3 |
| occurs at least 130 days before
the general municipal election | 4 |
| next scheduled under the general election law, then the vacancy | 5 |
| shall be filled for the remainder of the term at that general | 6 |
| municipal election. Whenever
an election is held for this | 7 |
| purpose, the municipal clerk shall certify the office to be | 8 |
| filled and the candidates for the office to the proper election | 9 |
| authorities as provided in the general election law. If a | 10 |
| vacancy occurs with less than 28 months remaining in the
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| unexpired portion of the term or less than 130 days before the | 12 |
| general municipal election, then: | 13 |
| (1) Mayor or president. If the
vacancy is in the office | 14 |
| of mayor or president, the vacancy must be filled by the
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| corporate authorities electing one of their members as | 16 |
| acting mayor or acting president. Except as set forth in | 17 |
| subsection (d), the acting mayor or acting president shall | 18 |
| perform the duties and possess all the rights and powers of | 19 |
| the mayor or president until a mayor or president is | 20 |
| elected at the next general municipal election and has | 21 |
| qualified. However, in
villages with a population of less | 22 |
| than 5,000, if each of the trustees either declines the
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| election as acting president or is not elected by a | 24 |
| majority vote of the trustees presently
holding office, | 25 |
| then the trustees may elect, as acting president, any other | 26 |
| village resident who is qualified to hold municipal office, |
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| and the acting president shall exercise the powers of the | 2 |
| president and shall vote and have veto power in the manner | 3 |
| provided by law for a president. | 4 |
| (2) Alderman or trustee. If the vacancy is in the | 5 |
| office of alderman or
trustee, the vacancy must be filled | 6 |
| by the mayor or president or acting mayor or acting | 7 |
| president, as the case may be, in accordance with | 8 |
| subsection (e). | 9 |
| (3) Other elective office. If the vacancy is in any | 10 |
| elective municipal office other than mayor or president or | 11 |
| alderman or trustee, the mayor or president or acting mayor | 12 |
| or acting president, as the case may be, must appoint a | 13 |
| qualified person to hold the office until the office is | 14 |
| filled by election, subject to the advice and consent of
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| the city council or the board of trustees, as the case may | 16 |
| be. | 17 |
| (g) Vacancies in municipal offices with 2-year terms. In | 18 |
| the case of an elective municipal office with a 2-year term, if | 19 |
| the vacancy occurs at least 130 days before the general | 20 |
| municipal election next scheduled under the general election | 21 |
| law, the vacancy shall be filled for the remainder of the term | 22 |
| at
that general municipal election. If the vacancy occurs less | 23 |
| than 130 days before the general municipal election, then: | 24 |
| (1) Mayor or president. If the
vacancy is in the office | 25 |
| of mayor or president, the vacancy must be filled by the
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| corporate authorities electing one of their members as |
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| acting mayor or acting president. Except as set forth in | 2 |
| subsection (d), the acting mayor or acting president shall | 3 |
| perform the duties and possess all the rights and powers of | 4 |
| the mayor or president until a mayor or president is | 5 |
| elected at the next general municipal election and has | 6 |
| qualified. However, in villages with a population of less | 7 |
| than 5,000, if each of the trustees either declines the
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| election as acting president or is not elected by a | 9 |
| majority vote of the trustees presently holding office, | 10 |
| then the trustees may elect, as acting president, any other | 11 |
| village resident who is qualified to hold municipal office, | 12 |
| and the acting president shall exercise the powers of the | 13 |
| president and shall vote and have veto power in the manner | 14 |
| provided by law for a president. | 15 |
| (2) Alderman or trustee. If the vacancy is in the | 16 |
| office of alderman or trustee, the vacancy must be filled | 17 |
| by the mayor or president or acting mayor or acting | 18 |
| president, as the case may be, in accordance with | 19 |
| subsection (e). | 20 |
| (3) Other elective office. If the vacancy is in any | 21 |
| elective municipal office other than mayor or president or | 22 |
| alderman or trustee, the mayor or president or acting mayor | 23 |
| or acting president, as the case may be, must appoint a | 24 |
| qualified person to
hold the office until the office is | 25 |
| filled by election, subject to the advice and consent of | 26 |
| the city council or the board of trustees, as the case may |
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| be. | 2 |
| (h) In cases of vacancies arising by reason of an election | 3 |
| being declared void pursuant to paragraph (3) of subsection | 4 |
| (c), persons holding elective office prior thereto shall hold
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| office until their successors are elected and qualified or | 6 |
| appointed and confirmed by advice and consent, as the case may | 7 |
| be.
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| (i) This Section applies only to municipalities with | 9 |
| populations under 500,000.
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| (a) A municipal officer may resign from office. A vacancy | 11 |
| occurs in an
office by reason of resignation, failure to elect | 12 |
| or qualify (in which case
the incumbent shall remain in office | 13 |
| until the vacancy is filled),
death, permanent physical or | 14 |
| mental disability rendering the person
incapable of performing | 15 |
| the duties of his or her office, conviction of a
disqualifying | 16 |
| crime, abandonment of office, removal from office,
or removal | 17 |
| 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 | 19 |
| the ward or
district, as the case may be.
An admission of guilt | 20 |
| of a criminal offense that would, upon conviction,
disqualify | 21 |
| the municipal officer from holding that office, in the form of | 22 |
| a
written agreement with State or federal prosecutors to plead | 23 |
| guilty to
a felony, bribery, perjury, or other infamous crime | 24 |
| under State or federal
law, shall constitute a resignation from | 25 |
| that office, effective at the time the
plea agreement is made. | 26 |
| For purposes of this Section, a conviction for an
offense that |
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| disqualifies the municipal officer from holding that office | 2 |
| shall
occur on the date of the return of a guilty verdict or, | 3 |
| in the case of a trial
by the court, the entry of a finding of | 4 |
| guilt.
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| (b) If a vacancy occurs in an elective municipal office | 6 |
| with
a 4-year term and there remains an unexpired portion of | 7 |
| the term of at
least 28 months, and the vacancy occurs at least | 8 |
| 130 days before the general
municipal election next scheduled | 9 |
| under the general election law, the vacancy
shall be filled for | 10 |
| the remainder of the term at that general municipal
election. | 11 |
| Whenever an election is held for this purpose, the municipal
| 12 |
| clerk shall certify the office to be filled and the candidates | 13 |
| for the
office to the proper election authorities as provided | 14 |
| in the general
election law. If the vacancy is in the office of | 15 |
| mayor, the city council
shall elect one of their members acting | 16 |
| mayor; if the vacancy is in the
office of president, the | 17 |
| vacancy shall be filled by the appointment by the trustees of | 18 |
| 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 | 20 |
| the members of
the board of trustees either declines the | 21 |
| appointment as acting
president or is not approved for the | 22 |
| appointment by a majority vote of the
trustees presently | 23 |
| holding office, then the
board of trustees may appoint as | 24 |
| acting president any other
village resident who is qualified to | 25 |
| hold municipal office.
The acting mayor or acting president
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| shall perform the duties and possess all the rights and powers |
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| of the mayor
or president until a successor to fill the vacancy | 2 |
| has been elected and has
qualified. If the vacancy is in any | 3 |
| other elective municipal office, then until
the office is | 4 |
| filled by election, the mayor or president shall appoint a
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| qualified person to the office subject to the advice and | 6 |
| consent of the
city council or trustees.
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| (c) In a 2 year term, or if the vacancy occurs later than | 8 |
| the time provided
in subsection (b) in a 4 year term, a vacancy | 9 |
| in the office of mayor shall be
filled by the corporate | 10 |
| authorities electing one of their members acting mayor;
if the | 11 |
| vacancy is in the office of president, the vacancy shall be | 12 |
| filled by
the appointment by the trustees of an acting
| 13 |
| president from the members of the board of trustees.
In | 14 |
| villages with a population of less than 5,000, if each of the | 15 |
| members of
the board of trustees either declines the | 16 |
| appointment as acting
president or is not approved for the | 17 |
| appointment by a majority vote of the
trustees presently | 18 |
| holding office, then the
board of trustees may appoint as | 19 |
| acting president any other
village resident who is qualified to | 20 |
| hold municipal office.
The acting mayor or
acting president | 21 |
| shall perform the duties and possess all the rights and powers
| 22 |
| of the mayor or president until a mayor or president is elected | 23 |
| at the next
general municipal election and has qualified. A | 24 |
| vacancy in any elective office
other than mayor or president | 25 |
| shall be filled by appointment by the mayor or
president, with | 26 |
| the advice and consent of the corporate authorities.
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HB0962 Enrolled |
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| (d) This subsection applies on and after January 1, 2006. | 2 |
| The election of an acting mayor or acting president in a | 3 |
| municipality with a population under 500,000 does not create a | 4 |
| vacancy in the original office of the person on the city | 5 |
| council or as a trustee, as the case may be, unless the person | 6 |
| resigns from the original office following election as acting | 7 |
| mayor
or acting president. If the person resigns from the | 8 |
| original office following
election as acting mayor or acting | 9 |
| president, then the original office must be filled pursuant to | 10 |
| the terms of this Section and the acting mayor or acting | 11 |
| president shall
exercise the powers of the mayor or president | 12 |
| and shall vote and have veto power in the manner provided by | 13 |
| law for a mayor or president. If the person does not resign | 14 |
| from
the original office following election as acting mayor or | 15 |
| acting president, then the
acting mayor or acting president | 16 |
| shall exercise the powers of the mayor or president but shall | 17 |
| be entitled to vote only in the manner provided for as the | 18 |
| holder of the original office and shall not have the power to | 19 |
| veto. If the person does not resign from the
original office | 20 |
| following election as acting mayor or acting president, and if | 21 |
| that person's original term of office has not expired when a | 22 |
| mayor or president is elected and has
qualified for office, the | 23 |
| acting mayor or acting president shall return to the original | 24 |
| office for the remainder of the term thereof.
| 25 |
| (e) Municipal officers appointed or elected under this | 26 |
| Section shall
hold office until their successors are elected |
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HB0962 Enrolled |
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| and have qualified.
| 2 |
| (f) An appointment to fill a vacancy in the office of | 3 |
| alderman shall be
made within 60 days after the vacancy occurs. | 4 |
| The requirement that an
appointment be made within 60 days is | 5 |
| an exclusive power and function of the
State and is a denial | 6 |
| and limitation under Article VII, Section 6, subsection
(h) of | 7 |
| the Illinois Constitution of the power of a home rule | 8 |
| municipality to
require that an appointment be made within a | 9 |
| different period after the vacancy
occurs.
| 10 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 11 |
| (65 ILCS 5/3.1-10-51 new) | 12 |
| Sec. 3.1-10-51. Vacancies in municipalities with a | 13 |
| population of 500,000 or more. | 14 |
| (a) A municipal officer may resign from office. A vacancy | 15 |
| occurs in an office by
reason of resignation, failure to elect | 16 |
| or qualify (in which case the incumbent shall remain
in office | 17 |
| until the vacancy is filled), death, permanent physical or | 18 |
| mental disability
rendering the person incapable of performing | 19 |
| the duties of his or her office, conviction of a disqualifying | 20 |
| crime, abandonment of office, removal from office, or removal | 21 |
| of residence from the municipality or, in the case of an | 22 |
| alderman of a ward, removal of residence from the ward. An | 23 |
| admission of guilt of a criminal offense that would, upon | 24 |
| conviction, disqualify the municipal officer from holding that | 25 |
| office, in the form of a written agreement with State or |
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HB0962 Enrolled |
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| federal prosecutors to plead guilty to a felony, bribery, | 2 |
| perjury, or other infamous crime under State or federal law, | 3 |
| shall constitute a resignation from that office, effective at | 4 |
| the time the plea agreement is made. For purposes of this | 5 |
| Section, a conviction for an offense that disqualifies the | 6 |
| municipal officer from holding that office occurs on the date | 7 |
| of the return of a guilty verdict or, in the case of a trial
by | 8 |
| the court, the entry of a finding of guilt. | 9 |
| (b) If a vacancy occurs in an elective municipal office | 10 |
| with a 4-year term and
there remains an unexpired portion of | 11 |
| the term of at least 28 months, and the vacancy occurs at least | 12 |
| 130 days before the general municipal election next scheduled | 13 |
| under the general election law, then the vacancy shall be | 14 |
| filled for the remainder of the term at that
general municipal | 15 |
| election. Whenever an election is held for this purpose, the | 16 |
| municipal
clerk shall certify the office to be filled and the | 17 |
| candidates for the office to the proper
election authorities as | 18 |
| provided in the general election law. If the vacancy is in the | 19 |
| office
of mayor, the city council shall elect one of their | 20 |
| members acting mayor. The acting mayor shall perform the duties | 21 |
| and possess all the rights and powers of the mayor until a | 22 |
| successor to fill the vacancy has been elected and has | 23 |
| qualified. If the
vacancy is in any other elective municipal | 24 |
| office, then until the office is filled by election,
the mayor | 25 |
| shall appoint a qualified person to the office subject to the | 26 |
| advice
and consent of the city council. |
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| (c) If a vacancy occurs later than the time provided in | 2 |
| subsection (b) in a 4-year term, a vacancy in the office of | 3 |
| mayor shall be filled by the corporate authorities electing one | 4 |
| of their members acting mayor. The acting mayor shall perform | 5 |
| the duties and possess all the rights and powers of the mayor | 6 |
| until a mayor is elected at the next general municipal election | 7 |
| and has qualified. A vacancy occurring later than the time | 8 |
| provided in subsection (b) in a 4-year term in any elective | 9 |
| office other than mayor shall be filled by appointment by the | 10 |
| mayor, with the advice and consent of the corporate | 11 |
| authorities.
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| (d) A municipal officer appointed or elected under this | 13 |
| Section shall hold office
until the officer's successor is | 14 |
| elected and has qualified. | 15 |
| (e) An appointment to fill a vacancy in the office of | 16 |
| alderman shall be made within 60 days after the vacancy occurs. | 17 |
| The requirement that an appointment be made
within 60 days is | 18 |
| an exclusive power and function of the State and is a denial | 19 |
| and
limitation under Article VII, Section 6, subsection (h) of | 20 |
| the Illinois Constitution of the power of a home rule | 21 |
| municipality to require that an appointment be made within a | 22 |
| different period after the vacancy occurs. | 23 |
| (f) This Section applies only to municipalities with a | 24 |
| population of 500,000 or more.
| 25 |
| (65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25)
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| Sec. 3.1-20-25. Redistricting a city.
| 2 |
| (a) In the formation of wards, the number of
inhabitants of | 3 |
| the city
immediately preceding the division of the city into | 4 |
| wards shall be
as nearly equal in population, and the wards | 5 |
| shall be of as compact and
contiguous territory, as | 6 |
| practicable. Wards shall be created in a
manner so that, as far | 7 |
| as practicable, no precinct shall be divided between
2 or more | 8 |
| wards.
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| (b) Whenever an official
census shows that a city contains | 10 |
| more or fewer wards than it is
entitled to, the city council of | 11 |
| the city, by ordinance, shall redistrict
the city into as many | 12 |
| wards as the city is entitled. This
redistricting shall be | 13 |
| completed not less than 30 days before the first day
set by the | 14 |
| general election law for the filing of candidate petitions for
| 15 |
| the next succeeding election for city officers. At this | 16 |
| election there
shall be elected the number of aldermen to which | 17 |
| the city is entitled,
except as provided in subsection (c).
| 18 |
| (c) If it appears from any official census
that a city has | 19 |
| the requisite number of inhabitants to
authorize it to increase | 20 |
| the number of aldermen, the city council shall
immediately | 21 |
| proceed to redistrict the city
and shall hold the next city | 22 |
| election in
accordance with the new redistricting. At this | 23 |
| election the aldermen whose
terms of office are not expiring | 24 |
| shall be considered aldermen for the new
wards respectively in | 25 |
| which their residences are situated. At this election , in a | 26 |
| municipality that is not a newly incorporated municipality, a |
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| candidate for alderman may be elected from any ward that | 2 |
| contains a part of the ward in which he or she resided at least | 3 |
| one year next preceding the election that follows the | 4 |
| redistricting,
and, if elected, that person may be reelected | 5 |
| from the new ward he or she represents if he or she
resides in | 6 |
| that ward for at least one year next preceding reelection. If | 7 |
| there are 2
or more aldermen with terms of office not expiring | 8 |
| and residing in the same
ward under the new redistricting, the | 9 |
| alderman who holds over for that ward
shall be determined by | 10 |
| lot in the presence of the city council, in the
manner directed | 11 |
| by the council, and all other aldermen shall fill
their | 12 |
| unexpired terms as aldermen-at-large. The aldermen-at-large, | 13 |
| if any,
shall have the same powers and duties as all other | 14 |
| aldermen, but upon the
expiration of their terms the offices of | 15 |
| aldermen-at-large shall be abolished.
| 16 |
| (d) If the redistricting results in one or more wards in | 17 |
| which no aldermen
reside whose terms of office have not | 18 |
| expired, 2 aldermen shall be elected
in accordance with Section | 19 |
| 3.1-20-35, unless the city elected only one
alderman per ward | 20 |
| pursuant to a referendum under subsection (a) of Section
| 21 |
| 3.1-20-20.
| 22 |
| (e) A redistricting ordinance that has decreased the number
| 23 |
| of wards of a city because of a decrease in population of the | 24 |
| city shall
not be effective if, not less than 60 days before | 25 |
| the time fixed for
the next succeeding general municipal | 26 |
| election, an official
census is officially published that shows |
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| that the city has regained a
population that entitles it to the | 2 |
| number of wards that it had just
before the passage of the last | 3 |
| redistricting ordinance.
| 4 |
| (Source: P.A. 93-847, eff. 7-30-04.)
| 5 |
| (65 ILCS 5/3.1-25-75) (from Ch. 24, par. 3.1-25-75)
| 6 |
| Sec. 3.1-25-75. Districts; election of trustees.
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| (a) After a village with a
population of 5,000 or more | 8 |
| adopts the
provisions of this Section in the manner prescribed | 9 |
| in Section 3.1-25-80,
the board of trustees by ordinance shall | 10 |
| divide and, whenever
necessary thereafter, shall redistrict | 11 |
| the village into 6 compact and
contiguous districts of | 12 |
| approximately equal population as required by law.
This | 13 |
| redistricting
shall be completed not less than 30 days before | 14 |
| the first day for the filing
of nominating petitions for the | 15 |
| next succeeding election of village officers
held in accordance | 16 |
| with the general election law.
| 17 |
| (b) Each of the districts shall be represented by one | 18 |
| trustee who shall have
been an actual resident of the district | 19 |
| for at least 6 months immediately
before his or her election in | 20 |
| the first election after a redistricting , unless the trustee is | 21 |
| a resident of a newly incorporated municipality .
Only the | 22 |
| electors of a district shall elect the
trustee from that
| 23 |
| district.
| 24 |
| (c) The provisions of this Code relating to terms of office | 25 |
| of aldermen in
cities shall also apply to the terms of office |
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| of trustees under this
Section.
| 2 |
| (Source: P.A. 87-1119.)
| 3 |
| (65 ILCS 5/5-2-11) (from Ch. 24, par. 5-2-11)
| 4 |
| Sec. 5-2-11. In any village which adopts this Article 5, | 5 |
| the board of
trustees by ordinance shall divide and, whenever | 6 |
| necessary thereafter,
shall redistrict the village into 6 | 7 |
| compact and contiguous districts of
approximately equal | 8 |
| population.
| 9 |
| Each of the districts shall be represented by one trustee | 10 |
| who shall have
been an actual resident of the district for at | 11 |
| least 6 months prior to his
election , unless the trustee is a | 12 |
| resident of a newly incorporated municipality . Only the | 13 |
| electors of a district shall elect the trustee from that
| 14 |
| district.
| 15 |
| The provisions of Section 5-2-8 relating to terms of office | 16 |
| of aldermen
in cities shall also apply to the terms of office | 17 |
| of trustees under this
section.
| 18 |
| (Source: Laws 1961, p. 576.)
| 19 |
| (65 ILCS 5/5-2-15) (from Ch. 24, par. 5-2-15)
| 20 |
| Sec. 5-2-15. Trustees; tenure; vacancies.
| 21 |
| (a) In each village operating under Section 5-2-12, the | 22 |
| electors of the
village shall elect 6 trustees. The term of | 23 |
| office of the trustees shall be 4
years and until their | 24 |
| successors are elected and have qualified. Trustees
elected at |
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| the first election for village officers after a village is
| 2 |
| incorporated, however, shall by lot designate one-half of their | 3 |
| number whose
terms shall be 2 years and until their successors | 4 |
| are elected and have
qualified. In all villages having a | 5 |
| population of less than 50,000 in which
only 3 trustees were | 6 |
| elected for a 4 year term in the year 1941, 3 trustees
shall be | 7 |
| elected for a 4 year term at the regular village election in | 8 |
| the year
1943, and thereafter 3 trustees shall be elected in | 9 |
| each odd numbered year for
a term of 4 years.
| 10 |
| (b) (Blank).
Whenever a vacancy in the office of a trustee | 11 |
| in any village, whether
incorporated under a general or a | 12 |
| special Act, occurs during his or her term,
the vacancy shall | 13 |
| be filled for the remainder of the term as provided in
Section | 14 |
| 3.1-10-50. During the period from the time that the vacancy | 15 |
| occurs
until a trustee is elected under this Section and has | 16 |
| qualified, the vacancy
may be filled by the appointment of a | 17 |
| trustee by the president with the advice
and consent of the | 18 |
| remaining trustees. An appointment to fill a vacancy shall
be | 19 |
| made within 60 days after the vacancy occurs. The requirement | 20 |
| that an
appointment be made within 60 days is an exclusive | 21 |
| power and function of the
State and is a denial and limitation | 22 |
| under Article VII, Section 6, subsection
(h) of the Illinois | 23 |
| Constitution of the power of a home rule municipality to
| 24 |
| require that an appointment be made within a different period | 25 |
| after the vacancy
occurs.
| 26 |
| (Source: P.A. 87-1052; 87-1119; 88-45.)
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| Section 99. Effective date. This Act takes effect January | 2 |
| 1, 2008.
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