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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 65 ILCS 5/Art. 3.1 Div. 10
(65 ILCS 5/Art. 3.1 Div. 10 heading)
DIVISION 10.
GENERAL PROVISIONS
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65 ILCS 5/3.1-10-5
(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
Sec. 3.1-10-5. Qualifications; elective office.
(a) A person is not eligible for an elective municipal office unless that
person is a qualified elector of the municipality and has resided in the
municipality at least
one year next preceding the election or appointment, except as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
(b) A person is not eligible to take the oath of office for a municipal office if that person is, at the time required for taking the oath of office, in arrears in the payment of a tax or other indebtedness due to the municipality or
has been convicted in any court located in the United States of any infamous
crime,
bribery, perjury, or other felony, unless such person is again restored to his or her rights of citizenship that may have been forfeited under Illinois law as a result of a conviction, which includes eligibility to hold elected municipal office, by the terms of a pardon for the offense, has received a restoration of rights by the Governor, or otherwise according to law. Any time after a judgment of conviction is rendered, a person convicted of an infamous crime, bribery, perjury, or other felony may petition the Governor for a restoration of rights. The changes made to this subsection by this amendatory Act of the 102nd General Assembly are declarative of existing law and apply to all persons elected at the April 4, 2017 consolidated election and to persons elected or appointed thereafter.
(b-5) (Blank). (c) A person is not eligible for the office of alderperson
of a ward unless that person has resided
in the ward that the person seeks to represent, and a person is not eligible for the office of trustee of a district unless that person has resided in the
municipality, at least one year next
preceding the election or appointment, except
as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
(d) If a person (i) is a resident of a municipality immediately prior to the active duty military service of that person or that person's spouse, (ii) resides anywhere outside of the municipality during that active duty military service, and (iii) immediately upon completion of that active duty military service is again a resident of the municipality, then the time during which the person resides outside the municipality during the active duty military service is deemed to be time during which the person is a resident of the municipality for purposes of determining the residency requirement under subsection (a).
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/3.1-10-6
(65 ILCS 5/3.1-10-6)
Sec. 3.1-10-6.
Qualifications; appointive office.
(a) No person shall be eligible for any appointive municipal office
unless that person is a qualified elector of the municipality or otherwise
provided by law.
(b) The residency requirements do not apply, however, to municipal
engineers, health officers, attorneys, or other officers who require
technical training or knowledge, to appointed village treasurers,
to appointed village clerks, or to appointed city or village collectors
(unless the city or village has
designated by ordinance that the city or village clerk shall also hold the
office of collector).
(c) Except for incorporated towns that have superseded a civil township,
municipalities having a population of not more than 500,000 may adopt
ordinances that allow firemen and policemen to reside outside of the
corporate limits of the municipality by which they are employed both at the
time of appointment and while serving as a fireman or policeman.
(Source: P.A. 92-354, eff. 8-15-01.)
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65 ILCS 5/3.1-10-10
(65 ILCS 5/3.1-10-10) (from Ch. 24, par. 3.1-10-10)
Sec. 3.1-10-10.
Application of general election law.
The general
election law applies to the scheduling, manner of
conducting, voting at, and contesting of municipal elections.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-10-15
(65 ILCS 5/3.1-10-15) (from Ch. 24, par. 3.1-10-15)
Sec. 3.1-10-15. Commencement of terms. The terms of elected municipal
officers shall commence at the first regular
or special meeting of the corporate authorities after receipt of the official election results from the county clerk of the regular municipal election
at which the officers were elected, except as otherwise provided
by ordinance fixing the date for inauguration of newly elected officers
of a municipality. The ordinance shall not, however, fix the time for
inauguration of newly elected officers later than the first regular or special
meeting of the corporate authorities in the month of June
following the
election.
(Source: P.A. 95-245, eff. 8-17-07.)
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65 ILCS 5/3.1-10-17 (65 ILCS 5/3.1-10-17) Sec. 3.1-10-17. Term limits. (a) The imposition of term limits by referendum, ordinance, or otherwise must be prospective. Elective office held prior to the effective date of any term limit imposed by a municipality shall not prohibit a person otherwise eligible from running for or holding elective office in that municipality. Term limits imposed in a manner inconsistent with this Section remain valid prospectively, but are invalid as they apply to service prior to the enactment of the term limits. (b) The imposition of term limits by referendum, ordinance, or otherwise shall only apply to terms for the same office or that category of municipal office. Term limits imposed in a manner inconsistent with this subsection are invalid as they apply to service in other categories of municipal offices. (c) A home rule unit may not regulate term limits in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (d) This Section applies to all term limits imposed by a municipality by referendum, ordinance, or otherwise passed on or after November 8, 2016.
(Source: P.A. 101-114, eff. 7-19-19.) |
65 ILCS 5/3.1-10-20
(65 ILCS 5/3.1-10-20) (from Ch. 24, par. 3.1-10-20)
Sec. 3.1-10-20.
Results; ties.
The person with the highest number of
votes for an office is the person elected to that office. In case of a tie
vote,
the candidate who shall hold the office shall be
determined under the general election law.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-10-25
(65 ILCS 5/3.1-10-25) (from Ch. 24, par. 3.1-10-25)
Sec. 3.1-10-25.
Oath or affirmation.
Before entering upon the duties of
their respective offices, all municipal officers, whether elected or appointed,
shall take and subscribe the oath or affirmation required by the Illinois
Constitution. The subscribed oath or affirmation shall be filed in the office
of the municipal clerk.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-10-30
(65 ILCS 5/3.1-10-30) (from Ch. 24, par. 3.1-10-30)
Sec. 3.1-10-30. Bond. Before entering upon the duties of their
respective offices, all
municipal officers, except alderpersons and trustees, shall execute a bond with
security, to be approved by the corporate authorities. The bond shall be
payable to the municipality in the penal sum directed by
resolution or ordinance, conditioned upon the faithful performance of the
duties of the office and the payment of all money received by the officer,
according to law and the ordinances of that municipality. The bond
may provide that the obligation of the sureties shall not extend to any
loss sustained by the insolvency, failure, or closing of any bank or savings
and loan association organized
and operating either under the laws of the State of Illinois or the United
States in which the officer has placed funds in the officer's custody, if the
bank
or savings and loan association has been approved by the corporate authorities
as a depository for those
funds. In no case, however, shall the mayor's bond be fixed at less than
$3,000. The treasurer's bond shall be an amount of money that is not less
than 3 times the latest Federal census population or any subsequent
census figure used for Motor Fuel Tax purposes. Bonds shall be filed
with the municipal clerk, except the bond of the clerk, which shall be
filed with the municipal treasurer.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/3.1-10-35
(65 ILCS 5/3.1-10-35) (from Ch. 24, par. 3.1-10-35)
Sec. 3.1-10-35.
Duty to successor.
Within 5 days after written notification
and request, a person who has been an officer of a municipality shall deliver
to the successor in office all property, books, and effects in the former
officer's possession, belonging to the municipality. A former officer who
violates this Section is liable for all the damages caused by the violation and
is subject to the penalty prescribed by ordinance.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-10-40
(65 ILCS 5/3.1-10-40) (from Ch. 24, par. 3.1-10-40)
Sec. 3.1-10-40.
Additional duties.
Every officer shall perform
duties in addition to those which may be prescribed by law, and be subject to
other
rules and regulations, as the corporate authorities may provide by ordinance.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-10-45
(65 ILCS 5/3.1-10-45) (from Ch. 24, par. 3.1-10-45)
Sec. 3.1-10-45.
Appointment of subordinates.
The municipal
comptroller (if there is one), municipal clerk, municipal treasurer, and city
collector, severally, shall appoint the various clerks and subordinates in
their respective offices authorized by the corporate authorities. Those
officers shall be held responsible, severally, for the fidelity of all persons
so appointed by them. This power, however, is subject to the provisions of
Division 1 of Article 10. The power of municipal clerks is also subject to the
provisions of Section 3.1-30-10.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-10-50
(65 ILCS 5/3.1-10-50)
Sec. 3.1-10-50. Events upon which an elective office becomes vacant in municipality with population under 500,000.
(a) Vacancy by resignation. A resignation is not effective unless it is in
writing, signed by the person holding the elective office, and notarized.
(1) Unconditional resignation. An unconditional | | resignation by a person holding the elective office may specify a future date, not later than 60 days after the date the resignation is received by the officer authorized to fill the vacancy, at which time it becomes operative, but the resignation may not be withdrawn after it is received by the officer authorized to fill the vacancy. The effective date of a resignation that does not specify a future date at which it becomes operative is the date the resignation is received by the officer authorized to fill the vacancy. The effective date of a resignation that has a specified future effective date is that specified future date or the date the resignation is received by the officer authorized to fill the vacancy, whichever date occurs later.
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| (2) Conditional resignation. A resignation that does
| | not become effective unless a specified event occurs can be withdrawn at any time prior to the occurrence of the specified event, but if not withdrawn, the effective date of the resignation is the date of the occurrence of the specified event or the date the resignation is received by the officer authorized to fill the vacancy, whichever date occurs later.
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| (3) Vacancy upon the effective date. For the purpose
| | of determining the time period that would require an election to fill the vacancy by resignation or the commencement of the 60-day time period referred to in subsection (e), the resignation of an elected officer is deemed to have created a vacancy as of the effective date of the resignation.
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| (4) Duty of the clerk. If a resignation is delivered
| | to the clerk of the municipality, the clerk shall forward a certified copy of the written resignation to the official who is authorized to fill the vacancy within 7 business days after receipt of the resignation.
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| (b) Vacancy by death or disability. A vacancy occurs in an office by reason
of the death of the incumbent. The date of the death may be established by the date shown on the death
certificate. A vacancy occurs in an office by permanent physical or
mental disability rendering the person incapable of performing the duties of the office.
The corporate authorities have the authority to make the determination whether an officer is incapable of performing the duties of the office because of a permanent physical or mental disability. A finding of mental disability shall not be made prior to the appointment by a court of a guardian ad litem for the officer or until a duly licensed
doctor certifies, in writing, that the officer is mentally impaired to the extent that the
officer is unable to effectively perform the duties of the office. If the corporate
authorities find that an officer is incapable of performing the duties of the office due to permanent
physical or mental disability, that person is removed from the office and the vacancy of the office occurs on the date of the determination.
(c) Vacancy by other causes.
(1) Abandonment and other causes. A vacancy occurs in
| | an office by reason of abandonment of office; removal from office; or failure to qualify; or more than temporary removal of residence from the municipality; or in the case of an alderperson of a ward or councilman or trustee of a district, more than temporary removal of residence from the ward or district, as the case may be. The corporate authorities have the authority to determine whether a vacancy under this subsection has occurred. If the corporate authorities determine that a vacancy exists, the office is deemed vacant as of the date of that determination for all purposes including the calculation under subsections (e), (f), and (g).
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| (2) Guilty of a criminal offense. An admission of
| | guilt of a criminal offense that upon conviction would disqualify the municipal officer from holding the office, in the form of a written agreement with State or federal prosecutors to plead guilty to a felony, bribery, perjury, or other infamous crime under State or federal law, constitutes a resignation from that office, effective on the date the plea agreement is made. For purposes of this Section, a conviction for an offense that disqualifies a municipal officer from holding that office occurs on the date of the return of a guilty verdict or, in the case of a trial by the court, on the entry of a finding of guilt.
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| (3) Election declared void. A vacancy occurs on the
| | date of the decision of a competent tribunal declaring the election of the officer void.
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| (4) Owing a debt to the municipality. A vacancy
| | occurs if a municipal official fails to pay a debt to a municipality in which the official has been elected or appointed to an elected position subject to the following:
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| (A) Before a vacancy may occur under this
| | paragraph (4), the municipal clerk shall deliver, by personal service, a written notice to the municipal official that (i) the municipal official is in arrears of a debt to the municipality, (ii) that municipal official must either pay or contest the debt within 30 days after receipt of the notice or the municipal official will be disqualified and his or her office vacated, and (iii) if the municipal official chooses to contest the debt, the municipal official must provide written notice to the municipal clerk of the contesting of the debt. A copy of the notice, and the notice to contest, shall also be mailed by the municipal clerk to the appointed municipal attorney by certified mail. If the municipal clerk is the municipal official indebted to the municipality, the mayor or president of the municipality shall assume the duties of the municipal clerk required under this paragraph (4).
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| (B) In the event that the municipal official
| | chooses to contest the debt, a hearing shall be held within 30 days of the municipal clerk's receipt of the written notice of contest from the municipal official. An appointed municipal hearing officer shall preside over the hearing, and shall hear testimony and accept evidence relevant to the existence of the debt owed by the municipal officer to the municipality.
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| (C) Upon the conclusion of the hearing, the
| | hearing officer shall make a determination on the basis of the evidence presented as to whether or not the municipal official is in arrears of a debt to the municipality. The determination shall be in writing and shall be designated as findings, decision, and order. The findings, decision, and order shall include: (i) the hearing officer's findings of fact; (ii) a decision of whether or not the municipal official is in arrears of a debt to the municipality based upon the findings of fact; and (iii) an order that either directs the municipal official to pay the debt within 30 days or be disqualified and his or her office vacated or dismisses the matter if a debt owed to the municipality is not proved. A copy of the hearing officer's written determination shall be served upon the municipal official in open proceedings before the hearing officer. If the municipal official does not appear for receipt of the written determination, the written determination shall be deemed to have been served on the municipal official on the date when a copy of the written determination is personally served on the municipal official or on the date when a copy of the written determination is deposited in the United States mail, postage prepaid, addressed to the municipal official at the address on record with the municipality.
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| (D) A municipal official aggrieved by the
| | determination of a hearing officer may secure judicial review of such determination in the circuit court of the county in which the hearing was held. The municipal official seeking judicial review must file a petition with the clerk of the court and must serve a copy of the petition upon the municipality by registered or certified mail within 5 days after service of the determination of the hearing officer. The petition shall contain a brief statement of the reasons why the determination of the hearing officer should be reversed. The municipal official shall file proof of service with the clerk of the court. No answer to the petition need be filed, but the municipality shall cause the record of proceedings before the hearing officer to be filed with the clerk of the court on or before the date of the hearing on the petition or as ordered by the court. The court shall set the matter for hearing to be held within 30 days after the filing of the petition and shall make its decision promptly after such hearing.
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| (E) If a municipal official chooses to pay the
| | debt, or is ordered to pay the debt after the hearing, the municipal official must present proof of payment to the municipal clerk that the debt was paid in full, and, if applicable, within the required time period as ordered by a hearing officer or circuit court judge.
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| (F) A municipal official will be disqualified and
| | his or her office vacated pursuant to this paragraph (4) on the later of the following times if the municipal official: (i) fails to pay or contest the debt within 30 days of the municipal official's receipt of the notice of the debt; (ii) fails to pay the debt within 30 days after being served with a written determination under subparagraph (C) ordering the municipal official to pay the debt; or (iii) fails to pay the debt within 30 days after being served with a decision pursuant to subparagraph (D) upholding a hearing officer's determination that the municipal officer has failed to pay a debt owed to a municipality.
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| (G) For purposes of this paragraph, a "debt"
| | shall mean an arrearage in a definitely ascertainable and quantifiable amount after service of written notice thereof, in the payment of any indebtedness due to the municipality, which has been adjudicated before a tribunal with jurisdiction over the matter. A municipal official is considered in arrears of a debt to a municipality if a debt is more than 30 days overdue from the date the debt was due.
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| (d) Election of an acting mayor or acting president. The election of an acting mayor or acting president pursuant to subsection (f) or (g) does not create a vacancy in the original office of the person on the city council or as a trustee, as the case may be, unless the person resigns from the original office following election as acting mayor
or acting president. If the person resigns from the original office following
election as acting mayor or acting president, then the original office must be filled pursuant to the terms of this Section and the acting mayor or acting president shall
exercise the powers of the mayor or president and shall vote and have veto power in the manner provided by law for a mayor or president. If the person does not resign from
the original office following election as acting mayor or acting president, then the
acting mayor or acting president shall exercise the powers of the mayor or president but shall be entitled to vote only in the manner provided for as the holder of the original office and shall not have the power to veto. If the person does not resign from the
original office following election as acting mayor or acting president, and if that person's original term of office has not expired when a mayor or president is elected and has
qualified for office, the acting mayor or acting-president shall return to the original office for the remainder of the term thereof.
(e) Appointment to fill alderperson or trustee vacancy. An appointment by the
mayor or president or acting mayor or acting president, as the case may be, of a qualified person as described in Section 3.1-10-5 of this Code to fill a vacancy in the office of alderperson or trustee must be made within 60 days after the vacancy occurs. Once the appointment of the qualified person has been forwarded to the corporate
authorities, the corporate authorities shall act upon the appointment within 30 days. If the appointment fails to receive the advice and consent of the corporate authorities within 30 days, the mayor or president or acting mayor or acting president shall appoint and forward to the corporate authorities a second qualified person as described in Section 3.1-10-5. Once the appointment of the second qualified person has been
forwarded to the corporate authorities, the corporate authorities shall act upon the
appointment within 30 days. If the appointment of the second qualified person also fails to receive the advice and consent of the corporate authorities, then the mayor or president or acting mayor or acting president, without the advice and consent of the corporate authorities, may make a temporary appointment from those persons who were appointed but whose appointments failed to receive the advice and consent of the corporate authorities. The person receiving the temporary appointment shall serve until an appointment has received the advice and consent and the appointee has qualified or until a person has been elected and has qualified, whichever first occurs.
(f) Election to fill vacancies in municipal offices with 4-year terms. If a vacancy occurs in an elective municipal office with a 4-year term and there remains an unexpired portion of the term of at least 28 months, and the vacancy occurs at least 130 days before
the general municipal election next scheduled under the general election law, then the vacancy shall be filled for the remainder of the term at that general municipal election. Whenever
an election is held for this purpose, the municipal clerk shall certify the office to be filled and the candidates for the office to the proper election authorities as provided in the general election law. If a vacancy occurs with less than 28 months remaining in the
unexpired portion of the term or less than 130 days before the general municipal election, then:
(1) Mayor or president. If the vacancy is in the
| | office of mayor or president, the vacancy must be filled by the corporate authorities electing one of their members as acting mayor or acting president. Except as set forth in subsection (d), the acting mayor or acting president shall perform the duties and possess all the rights and powers of the mayor or president until a mayor or president is elected at the next general municipal election and has qualified. However, in villages with a population of less than 5,000, if each of the trustees either declines the election as acting president or is not elected by a majority vote of the trustees presently holding office, then the trustees may elect, as acting president, any other village resident who is qualified to hold municipal office, and the acting president shall exercise the powers of the president and shall vote and have veto power in the manner provided by law for a president.
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| (2) Alderperson or trustee. If the vacancy is in the
| | office of alderperson or trustee, the vacancy must be filled by the mayor or president or acting mayor or acting president, as the case may be, in accordance with subsection (e).
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| (3) Other elective office. If the vacancy is in any
| | elective municipal office other than mayor or president or alderperson or trustee, the mayor or president or acting mayor or acting president, as the case may be, must appoint a qualified person to hold the office until the office is filled by election, subject to the advice and consent of the city council or the board of trustees, as the case may be.
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| (g) Vacancies in municipal offices with 2-year terms. In the case of an elective municipal office with a 2-year term, if the vacancy occurs at least 130 days before the general municipal election next scheduled under the general election law, the vacancy shall be filled for the remainder of the term at
that general municipal election. If the vacancy occurs less than 130 days before the general municipal election, then:
(1) Mayor or president. If the vacancy is in the
| | office of mayor or president, the vacancy must be filled by the corporate authorities electing one of their members as acting mayor or acting president. Except as set forth in subsection (d), the acting mayor or acting president shall perform the duties and possess all the rights and powers of the mayor or president until a mayor or president is elected at the next general municipal election and has qualified. However, in villages with a population of less than 5,000, if each of the trustees either declines the election as acting president or is not elected by a majority vote of the trustees presently holding office, then the trustees may elect, as acting president, any other village resident who is qualified to hold municipal office, and the acting president shall exercise the powers of the president and shall vote and have veto power in the manner provided by law for a president.
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| (2) Alderperson or trustee. If the vacancy is in the
| | office of alderperson or trustee, the vacancy must be filled by the mayor or president or acting mayor or acting president, as the case may be, in accordance with subsection (e).
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| (3) Other elective office. If the vacancy is in any
| | elective municipal office other than mayor or president or alderperson or trustee, the mayor or president or acting mayor or acting president, as the case may be, must appoint a qualified person to hold the office until the office is filled by election, subject to the advice and consent of the city council or the board of trustees, as the case may be.
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| (h) In cases of vacancies arising by reason of an election being declared void pursuant to paragraph (3) of subsection (c), persons holding elective office prior thereto shall hold
office until their successors are elected and qualified or appointed and confirmed by advice and consent, as the case may be.
(i) This Section applies only to municipalities with populations under 500,000.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/3.1-10-51 (65 ILCS 5/3.1-10-51) Sec. 3.1-10-51. Vacancies in municipalities with a population of 500,000 or more. (a) Events upon which an elective office in a municipality of 500,000 or more shall become vacant: (1) A municipal officer may resign from office. A | | vacancy occurs in an office by reason of resignation, failure to elect or qualify (in which case the incumbent shall remain in office until the vacancy is filled), death, permanent physical or mental disability rendering the person incapable of performing the duties of his or her office, conviction of a disqualifying crime, abandonment of office, removal from office, or removal of residence from the municipality or, in the case of an alderperson of a ward, removal of residence from the ward.
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| (2) An admission of guilt of a criminal offense that
| | would, upon conviction, disqualify the municipal officer from holding that office, in the form of a written agreement with State or federal prosecutors to plead guilty to a felony, bribery, perjury, or other infamous crime under State or federal law, shall constitute a resignation from that office, effective at the time the plea agreement is made. For purposes of this Section, a conviction for an offense that disqualifies the municipal officer from holding that office occurs on the date of the return of a guilty verdict or, in the case of a trial by the court, the entry of a finding of guilt.
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| (3) Owing a debt to the municipality. A vacancy
| | occurs if a municipal official fails to pay a debt to a municipality in which the official has been elected or appointed to an elected position subject to the following:
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| (A) Before a vacancy may occur under this
| | paragraph (3), the municipal clerk shall deliver, by personal service, a written notice to the municipal official that (i) the municipal official is in arrears of a debt to the municipality, (ii) that municipal official must either pay or contest the debt within 30 days after receipt of the notice or the municipal official will be disqualified and his or her office vacated, and (iii) if the municipal official chooses to contest the debt, the municipal official must provide written notice to the municipal clerk of the contesting of the debt. A copy of the notice, and the notice to contest, shall also be mailed by the municipal clerk to the appointed municipal attorney by certified mail. If the municipal clerk is the municipal official indebted to the municipality, the mayor or president of the municipality shall assume the duties of the municipal clerk required under this paragraph (3).
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| (B) In the event that the municipal official
| | chooses to contest the debt, a hearing shall be held within 30 days of the municipal clerk's receipt of the written notice of contest from the municipal official. An appointed municipal hearing officer shall preside over the hearing, and shall hear testimony and accept evidence relevant to the existence of the debt owed by the municipal officer to the municipality.
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| (C) Upon the conclusion of the hearing, the
| | hearing officer shall make a determination on the basis of the evidence presented as to whether or not the municipal official is in arrears of a debt to the municipality. The determination shall be in writing and shall be designated as findings, decision, and order. The findings, decision, and order shall include: (i) the hearing officer's findings of fact; (ii) a decision of whether or not the municipal official is in arrears of a debt to the municipality based upon the findings of fact; and (iii) an order that either directs the municipal official to pay the debt within 30 days or be disqualified and his or her office vacated or dismisses the matter if a debt owed to the municipality is not proved. A copy of the hearing officer's written determination shall be served upon the municipal official in open proceedings before the hearing officer. If the municipal official does not appear for receipt of the written determination, the written determination shall be deemed to have been served on the municipal official on the date when a copy of the written determination is personally served on the municipal official or on the date when a copy of the written determination is deposited in the United States mail, postage prepaid, addressed to the municipal official at the address on record in the files of the municipality.
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| (D) A municipal official aggrieved by the
| | determination of a hearing officer may secure judicial review of such determination in the circuit court of the county in which the hearing was held. The municipal official seeking judicial review must file a petition with the clerk of the court and must serve a copy of the petition upon the municipality by registered or certified mail within 5 days after service of the determination of the hearing officer. The petition shall contain a brief statement of the reasons why the determination of the hearing officer should be reversed. The municipal official shall file proof of service with the clerk of the court. No answer to the petition need be filed, but the municipality shall cause the record of proceedings before the hearing officer to be filed with the clerk of the court on or before the date of the hearing on the petition or as ordered by the court. The court shall set the matter for hearing to be held within 30 days after the filing of the petition and shall make its decision promptly after such hearing.
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| (E) If a municipal official chooses to pay the
| | debt, or is ordered to pay the debt after the hearing, the municipal official must present proof of payment to the municipal clerk that the debt was paid in full, and, if applicable, within the required time period as ordered by a hearing officer.
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| (F) A municipal official will be disqualified and
| | his or her office vacated pursuant to this paragraph (3) on the later of the following times the municipal official: (i) fails to pay or contest the debt within 30 days of the municipal official's receipt of the notice of the debt; (ii) fails to pay the debt within 30 days after being served with a written determination under subparagraph (C) ordering the municipal official to pay the debt; or (iii) fails to pay the debt within 30 days after being served with a decision pursuant to subparagraph (D) upholding a hearing officer's determination that the municipal officer has failed to pay a debt owed to a municipality.
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| (G) For purposes of this paragraph, a "debt"
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| (b) If a vacancy occurs in an elective municipal office with a 4-year term and
there remains an unexpired portion of the term of at least 28 months, and the vacancy occurs at least 130 days before the general municipal election next scheduled under the general election law, then the vacancy shall be filled for the remainder of the term at that
general municipal election. Whenever an election is held for this purpose, the municipal
clerk shall certify the office to be filled and the candidates for the office to the proper
election authorities as provided in the general election law. If the vacancy is in the office
of mayor, the city council shall elect one of their members acting mayor. The acting mayor shall perform the duties and possess all the rights and powers of the mayor until a successor to fill the vacancy has been elected and has qualified. If the
vacancy is in any other elective municipal office, then until the office is filled by election,
the mayor shall appoint a qualified person to the office subject to the advice
and consent of the city council.
(c) If a vacancy occurs later than the time provided in subsection (b) in a 4-year term, a vacancy in the office of mayor shall be filled by the corporate authorities electing one of their members acting mayor. The acting mayor shall perform the duties and possess all the rights and powers of the mayor until a mayor is elected at the next general municipal election and has qualified. A vacancy occurring later than the time provided in subsection (b) in a 4-year term in any elective office other than mayor shall be filled by appointment by the mayor, with the advice and consent of the corporate authorities.
(d) A municipal officer appointed or elected under this Section shall hold office
until the officer's successor is elected and has qualified.
(e) An appointment to fill a vacancy in the office of alderperson shall be made within 60 days after the vacancy occurs. The requirement that an appointment be made
within 60 days is an exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of the power of a home rule municipality to require that an appointment be made within a different period after the vacancy occurs.
(f) This Section applies only to municipalities with a population of 500,000 or more.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/3.1-10-55
(65 ILCS 5/3.1-10-55) (from Ch. 24, par. 3.1-10-55)
Sec. 3.1-10-55.
Quorum to fill vacancies.
If there is a vacancy in an
elective office and, for any reason, there is not a quorum in office of the
corporate authorities, appointments to fill vacancies may be made or confirmed
by a majority of the corporate authorities holding office at the time the
appointment is made or confirmed.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-10-60
(65 ILCS 5/3.1-10-60) (from Ch. 24, par. 3.1-10-60)
Sec. 3.1-10-60. Interim appointments to vacancies. If a municipality
has no mayor or president, no clerk, and no alderpersons or trustees, the circuit
court may, upon petition signed by at least 100 electors or 10% of the electors
of the municipality, whichever is less, make interim appointments to fill all
vacancies in the elective offices of the municipality from among persons whose
names are submitted by the petition or petitions. The interim appointees shall
serve until the next regularly scheduled election under the general election
law occurring not less than 120 days after all the offices have become vacant.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/3.1-10-65
(65 ILCS 5/3.1-10-65) (from Ch. 24, par. 3.1-10-65)
Sec. 3.1-10-65. Referendum to reduce terms.
(a) In any municipality of less than 500,000 inhabitants, a
proposition to reduce the terms of the elective officers of the
municipality from 4 years to 2 years may be submitted, within the discretion of
the corporate authorities, to the electors of the municipality. The
proposition shall also be submitted if a petition requesting that action is
signed by electors of the municipality numbering not less than 10% of
the total vote cast at the last election for mayor or president of the
municipality and the petition is filed with the municipal clerk and
certified in accordance with the general election law. The proposition shall be
substantially in the following form:
Shall the term of the elective officers of (name of | | municipality) be reduced from 4 years to 2 years?
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(b) If a majority of the electors voting on the proposition vote
against it, the terms of the officers shall remain 4 years. If, however,
a majority of those voting on the proposition vote in favor of it, the
officers elected at the next regular election for officers in the
municipality shall hold their offices for a term of 2 years and until
their successors are elected and have qualified, except in the case of
trustees and alderpersons. In the case of alderpersons and trustees:
(i) at the first election of alderpersons or trustees that occurs in
an odd numbered year following the vote to reduce the length of terms,
successors to alderpersons or trustees whose terms expire in that year shall
be elected for a term of one year and until their successors are elected
and have qualified and (ii) thereafter, one-half of the alderpersons or
trustees shall be elected each year for terms of 2 years and until their
successors are elected and have qualified.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/3.1-10-70
(65 ILCS 5/3.1-10-70) (from Ch. 24, par. 3.1-10-70)
Sec. 3.1-10-70.
Elections for reduced 2 year terms.
In municipalities
that have provided for a 2 year term for elective officers
under Section 3.1-10-65, the first election for municipal officers
shall be held at the next general municipal election following the referendum
at which the terms of the elective officers were reduced. In those
municipalities,
general elections shall be held annually thereafter.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-10-75
(65 ILCS 5/3.1-10-75) (from Ch. 24, par. 3.1-10-75)
Sec. 3.1-10-75. Referendum to lengthen terms.
(a) In any municipality of
less than 500,000 inhabitants
that, under Section 3.1-10-65, has voted to shorten the terms of
elective officers, a proposition to lengthen the terms of the elective
officers of the municipality from 2 years to 4 years may be submitted,
within the discretion of the corporate authorities, to the electors of
the municipality.
The proposition shall be certified by the municipal clerk to the appropriate
election authorities, who shall submit the proposition at an election in
accordance
with the general election law. The proposition shall also be submitted at
an election if a petition requesting that action
is signed by electors of the municipality numbering not less than 10% of
the total vote cast at the last election for mayor or president of the
municipality and the petition is filed with the municipal clerk.
The proposition shall be substantially in the
following form:
Shall the term of the elective officers of (name of | | municipality) be lengthened from 2 years to 4 years?
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(b) If a majority of the electors voting on the proposition vote
against it, the terms of the officers shall remain 2 years. If, however,
a majority of those voting on the proposition vote in favor of it, the
officers elected at the next regular election for officers in the
municipality shall hold their offices for a term of 4 years and until
their successors are elected and have qualified, except in the case of
trustees and alderpersons. In the case of alderpersons and trustees:
(i) if the first election for alderpersons or trustees, after
approval of the proposition, occurs in an even numbered year, the alderpersons
or trustees elected in that even numbered year shall serve for
terms of 3 years and until their successors are elected and have qualified, the
terms for successors to those elected at the first even numbered year
election shall be 4 years and until successors are elected and have qualified,
the alderpersons or trustees elected at the first odd numbered year election
next following the first even numbered year election shall serve for
terms of 4 years and until successors are elected and have qualified, and
successors elected after the first odd numbered year shall also serve 4
year terms and until their successors are elected and have qualified and (ii) if
the first election for alderpersons or trustees, after approval of the
proposition, occurs in an odd numbered year, the alderpersons or trustees
elected in that odd numbered year shall serve for terms of 4 years and
until their successors are elected and have qualified, the terms for successors
to those elected at the first odd numbered year election shall be for 4
years and until successors are elected and have qualified, the alderpersons or
trustees elected at the first even numbered year election next following
the first odd numbered year election shall serve for terms of one year
and until their successors are elected and have qualified, and the terms for
successors to those elected at the first odd numbered year election
shall be 4 years and until their successors are elected and have qualified.
(Source: P.A. 102-15, eff. 6-17-21.)
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