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Illinois Compiled Statutes
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() 65 ILCS 5/Art. 3.1 Div. 25
(65 ILCS 5/Art. 3.1 Div. 25 heading)
DIVISION 25.
ELECTED VILLAGE AND INCORPORATED TOWN OFFICERS
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65 ILCS 5/3.1-25-5
(65 ILCS 5/3.1-25-5) (from Ch. 24, par. 3.1-25-5)
Sec. 3.1-25-5.
Trustees; terms.
In each village incorporated
under this Code, the electors of the village shall elect 6 trustees. The term
of
office of the trustees shall be 4 years and until their successors are elected
and have qualified. Trustees elected at the first election for village
officers after a village is incorporated, however, shall by lot designate
one-half of their number, whose terms shall be 2 years and until their
successors are elected and have qualified.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-10
(65 ILCS 5/3.1-25-10) (from Ch. 24, par. 3.1-25-10)
Sec. 3.1-25-10.
Village board; composition; referendum.
Any village
board of a village of under 5,000 population
incorporated under this Code may by resolution provide for a referendum
on the question of whether the board of trustees
shall be comprised of 4 members rather than 6 members. The referendum
shall be held in accordance with the general election law. If a majority
of those voting on the
question vote in favor of reducing the number of trustees
from 6 to 4, the number of trustees shall be reduced to 4. In order to
provide for the transition from 6 member boards to 4 member boards, 2 trustees
shall be elected at the general municipal election
in each odd numbered year after the adoption of the referendum when trustees
are elected for 4 year terms and at the general municipal
election in each year after the adoption of the referendum
when trustees are elected for 2 year terms. Any village that
changes from a 6 member board to a 4 member board may thereafter return
to a 6 member board by the same procedure.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-15
(65 ILCS 5/3.1-25-15) (from Ch. 24, par. 3.1-25-15)
Sec. 3.1-25-15.
President and trustees; general election.
(a) The election for the president
in villages shall be held at
the general municipal election in accordance with the general election law.
(b) The election for trustees in villages shall be held in accordance
with the general election law, except as provided in Section 3.1-25-70.
(c) The day upon which the elections provided for in this Section are to be
held is subject to the provisions of the general
election law.
(d) Every village or incorporated town incorporated and existing
under a special Act that has, before the effective date of this amendatory
Act of 1992, held a general municipal election
in even numbered years may continue to do so. Every village or incorporated
town may also hold annual municipal elections if it is necessary to comply
with the provisions of Section 3.1-25-70.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-20
(65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
Sec. 3.1-25-20.
Primary election.
A village incorporated under this Code shall
nominate and elect candidates for president and trustees in nonpartisan
primary and general elections as provided in Sections 3.1-25-20 through
3.1-25-55
until the electors of the village vote to require the partisan election of
the president and trustees at a referendum in the manner provided in
Section 3.1-25-65 after January 1, 1992.
The
provisions of Sections 3.1-25-20 through 3.1-25-55 shall
apply to all villages incorporated under this Code that have operated
under those Sections without the adoption of those provisions by the
referendum provided in Section 3.1-25-60 as well as those villages that have
adopted those provisions by the referendum provided in Section 3.1-25-60
until
the electors of those villages vote to require the partisan election of the
president and trustees in the manner provided in Section 3.1-25-65.
Villages that have nominated and elected candidates for president and
trustees in partisan elections prior to January 1, 1992, may continue to
hold partisan elections without conducting a referendum in the manner
provided in Section 3.1-25-65.
All
candidates for nomination to be voted for at all general municipal elections
at which a president or trustees, or both, are to be elected under this
Article shall be nominated from the village at large by a primary election.
Notwithstanding any other provision of law, no primary shall be held in any
village when the nomination for every office to be voted upon by the electors
of the village is uncontested. If the nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted upon by the electors
of the village, then a primary must be held in the village, provided that the
primary ballot shall not include those offices in the village for which the
nomination is uncontested. For the purposes of this Section, an office is
uncontested when not more than the number of persons to be nominated to the
office have timely filed valid nominating papers seeking nomination for
election to that office.
Notwithstanding the preceding paragraph, when a person (i) who has not timely
filed valid nomination papers and (ii) who intends to become a write-in
candidate for nomination for any office for which nomination is uncontested
files a written statement or notice of that intent with the proper election
official with whom the nomination papers for that office are filed, a primary
ballot must be prepared and a primary must be held for the office. The
statement or notice must be filed on or before the 61st day before the
consolidated primary election. The statement
must contain (i) the name and address of the person intending to become a
write-in candidate, (ii) a statement that the person intends to become a
write-in candidate, and (iii) the office the person is seeking as a write-in
candidate. An election authority has no duty to conduct a primary election or
prepare a primary ballot unless a statement meeting the requirements of this
paragraph is filed in a timely manner.
Only the names of those persons nominated in the manner prescribed in
Sections 3.1-25-20 through 3.1-25-65 shall be placed on
the ballot at the general municipal election.
The village clerk shall certify the offices to be filled and the candidates
for those offices to the proper election authority
as provided in the general election law. A primary for those offices, if
required, shall be held in accordance with
the general election law.
(Source: P.A. 91-57, eff. 6-30-99.)
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65 ILCS 5/3.1-25-30
(65 ILCS 5/3.1-25-30) (from Ch. 24, par. 3.1-25-30)
Sec. 3.1-25-30.
Petition of candidacy.
The petition in the nomination papers shall contain
a number of signatures of electors residing within the same village as the
candidate equal to at least 1% of the total vote cast at the last preceding
election in the village for president. The petition shall be in substantially
the form provided in the general election law.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-35
(65 ILCS 5/3.1-25-35) (from Ch. 24, par. 3.1-25-35)
Sec. 3.1-25-35. Primary ballots. The proper election authority, in
accordance with the general
election law, shall have the primary ballots printed in the same manner, in
the same number, and within the same time as ballots are printed under the
general election law, except as otherwise provided in this Code. If the office
of president is to be filled in the succeeding general municipal election,
the names of the candidates for president shall be placed first on the primary
ballots, in substantially the form specified in this Section. Following these
names
shall appear the names of the candidates for trustees in substantially the
form specified in this Section. The primary ballots shall comply with the
general election law, except as otherwise provided in this Code. The ballots
shall designate no party, platform, political principle, appellation, or
mark, nor shall any circle be printed at the head of the primary ballots.
The primary ballots shall be in substantially the following form:
OFFICIAL PRIMARY BALLOT
CANDIDATES FOR NOMINATION FOR (PRESIDENT AND) TRUSTEES OF (NAME OF VILLAGE) AT THE PRIMARY ELECTION.
FOR PRESIDENT
(VOTE FOR ONE)
HENRY WHITE JAMES SMITH LARRY FRANG RALPH WILSON
FOR TRUSTEES
(VOTE FOR NOT MORE THAN (NUMBER))
THOMAS WILLIAMS WILLIAM BURKE ALEXANDER HAMILTON EDWARD STUART MARY KURTIS G.E. HAUSMANN ARTHUR ROBBINS MARK TANDY HARRY BROWN JOSEPH TROUT IMMANUEL KANT ROBERT BUCK GEORGE MILLER SARAH TOLLER
(Source: P.A. 95-862, eff. 8-19-08.)
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65 ILCS 5/3.1-25-40
(65 ILCS 5/3.1-25-40) (from Ch. 24, par. 3.1-25-40)
Sec. 3.1-25-40. Ballots.
(a) If the office of president is to be filled, only the names
of the 4
candidates receiving the highest number of votes for president
shall be placed on the ballot for president at the next succeeding general
municipal election. The names of candidates in a number equal to 4
times
the number of trustee positions to be filled receiving the highest number of
votes for
trustee, or the names of all candidates if less than 4
times the number
of trustee positions to be filled, shall be placed on the ballot for that
office at the municipal election.
(b) An elector, however, at either a primary election or a general municipal
election held under Sections 3.1-25-20 through 3.1-25-55, may write in
the names of the candidates of that elector's choice in accordance with the general
election law. If, however, the name of only one candidate for a particular
office appeared on the primary ballot, the name of the person having the
largest number of write-in votes shall not be placed upon the ballot at
the general municipal election unless the number of votes received in the
primary election by that person was at least 10% of the number of votes received
by the candidate for the same office whose name appeared on the primary ballot.
(c) If a nominee at a general primary election dies or withdraws before the general
municipal election, there shall be placed on the ballot the name of the
candidate receiving the next highest number of votes, and so on in case of
the death or withdrawal of more than one nominee.
(d) If in the application of this Section there occurs the condition
provided
for in Section 3.1-25-45, there shall be placed on the ballot the name
of the candidate who was not chosen by lot under that Section where one
of 2 tied candidates had been placed on the ballot before the death or
withdrawal occurred. If, however, in the application of this Section, the
candidate with the next highest number of votes cannot be determined because
of a tie among 2 or more candidates, the successor nominee whose name shall
be placed on the ballot shall be determined by lot as provided in Section
3.1-25-45.
(Source: P.A. 95-699, eff. 11-9-07.)
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65 ILCS 5/3.1-25-45
(65 ILCS 5/3.1-25-45) (from Ch. 24, par. 3.1-25-45)
Sec. 3.1-25-45.
Nomination; determination by lot.
If, upon the
canvass
of the returns of the primary election
specified in Section 3.1-25-20, the canvassing board finds that there are tied
candidates for president or trustee so that the appropriate number of
candidates
receiving the highest number of votes cannot be determined, the canvassing
board shall determine by lot which of the tied candidates shall be nominated
for the positions for which they are tied.
In these cases the canvassing board shall issue to the tied candidates
written notice of the tie vote, stating in the notice the place, the day (which
shall not be more than 5 days thereafter), and the hour when the nomination
is to be so determined.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-50
(65 ILCS 5/3.1-25-50) (from Ch. 24, par. 3.1-25-50)
Sec. 3.1-25-50. General election; ballot positions. On the ballots
for the general municipal election, if the
office of president is to be filled, the names of the nominees for president
shall be placed first, in substantially the form specified in this Section.
Following
these names, the names of the nominees for trustees shall appear under each
office, in substantially the form specified in this Section.
The ballots shall be in the form provided by the general election law,
except as otherwise provided in this Code, but they shall designate no party,
platform, political principle, appellation, or mark, nor shall
any circle be printed at the head of the ballots. The ballots shall be in
substantially the following form:
OFFICIAL BALLOT
NOMINEES FOR (PRESIDENT AND) TRUSTEES OF (NAME OF VILLAGE) AT THE GENERAL MUNICIPAL ELECTION
FOR PRESIDENT
(VOTE FOR ONE)
JAMES SMITH LARRY FRANG
FOR TRUSTEES
(VOTE FOR NOT MORE THAN (NUMBER))
EDWARD STUART ROBERT BUCK GEORGE MILLER WILLIAM BURKE ARTHUR ROBBINS HARRY BROWN
(Source: P.A. 95-862, eff. 8-19-08.)
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65 ILCS 5/3.1-25-55
(65 ILCS 5/3.1-25-55) (from Ch. 24, par. 3.1-25-55)
Sec. 3.1-25-55.
General election; election contests.
All general
municipal elections under Sections 3.1-25-20 through 3.1-25-50 shall be held,
conducted, and contested under the
general election law, except that the contest of the election of president
and trustees shall be conducted in the circuit court and the board of trustees
shall not be the judge of the election and qualification of its members.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-60
(65 ILCS 5/3.1-25-60) (from Ch. 24, par. 3.1-25-60)
Sec. 3.1-25-60.
Referendum to require primary elections.
Any village
incorporated under this Code that has not
adopted the provisions of Section 3.1-25-45 or Articles 4, 5, or 6 of this Code
may,
by a vote of the electors of the village as provided in this Section, elect to
require
candidates for president and trustees to run in primary elections as provided
in Sections 3.1-25-20 through 3.1-25-55.
The question of requiring candidates for president and trustees to run
in primary elections as provided in Sections 3.1-25-20 through 3.1-25-55 shall
be certified by the village clerk to the proper election authority, who shall
submit the proposition to the electors of the village upon a resolution
adopted by the council or upon petition filed with the village clerk and
signed by electors of the village equal in number to at least 10% of the
number of votes cast for the candidates for president at the last preceding
general municipal election. The proposition shall be in substantially the
following form:
Shall candidates for president and trustees of (name | | of village) be elected in nonpartisan primary and general elections?
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If a majority of the electors in the village voting on the question
vote in the affirmative, candidates for president and trustees of the village
shall be elected as provided in Sections 3.1-25-20 through 3.1-25-55.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-65
(65 ILCS 5/3.1-25-65) (from Ch. 24, par. 3.1-25-65)
Sec. 3.1-25-65.
Referendum to discontinue primary elections.
Any
village operating under the provisions of Sections 3.1-25-20 through 3.1-25-55
may by referendum elect to have the president and trustees nominated and
elected at partisan primary and general elections.
The question may be submitted to the electors of the village by the council
or upon a petition signed by electors of the village equal in number to
at least 10% of the number of votes cast for candidates for president at
the last preceding general municipal election. The question shall be certified
by the village clerk to the proper election authorities, who shall submit
the proposition at
an election in accordance with the general election law. The question shall
be in substantially the following form:
Shall candidates for president and trustees of (name | | of village) no longer be elected in nonpartisan primary and general elections?
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If a majority of the electors in the village voting on the question
vote in the affirmative, candidates for president and trustees shall no
longer be elected as provided in Sections 3.1-25-20 through 3.1-25-55.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-70
(65 ILCS 5/3.1-25-70) (from Ch. 24, par. 3.1-25-70)
Sec. 3.1-25-70. Trustees under special Acts.
(a) In every village and
incorporated town incorporated and
existing under any special Act that, before June 4, 1909, pursuant to
any special Act, annually elected members of its legislative body, the
electors in the village or incorporated town, instead of the legislative
body now provided for by law,
shall elect 6 trustees. They shall hold their offices until their
respective successors are elected and have qualified. At the first meeting
of this board of 6 trustees, the terms of office of the trustees shall be
staggered, and thereafter shall be for the same length of time as provided
for alderpersons in Section 3.1-20-35.
(b) The electors of the village or incorporated town may, however, adopt
a 2 year term for their trustees as provided in Section 3.1-10-65. If this 2
year term is adopted, then at the next general municipal election in the
adopting village or incorporated town, 3 trustees shall be elected, and they
shall hold their offices for terms of one year each. In the next succeeding
year, and in each year thereafter, 3 trustees shall be elected in the
adopting village or incorporated town, and they shall hold their offices
for terms of 2 years each.
(c) A village or incorporated town that, before January 1, 1942, has
adopted a 2 year term for its trustees and is now electing 3 trustees each
year shall continue to elect 3 trustees each year for a term of 2 years
each. A village or incorporated town that, before January 1, 1942,
has adopted a 2 year term for its trustees but is not now electing 3
trustees each year shall elect 3 trustees at the next general municipal
election in that municipality, and they shall hold their offices for terms
of one year each. In the next succeeding year, and in each year thereafter,
3 trustees shall be elected, and they shall hold their offices for terms of
2 years each.
(d) This Section shall not apply to or change the method of election of the
members of the legislative body of incorporated towns that have superseded
civil townships.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/3.1-25-75
(65 ILCS 5/3.1-25-75) (from Ch. 24, par. 3.1-25-75)
Sec. 3.1-25-75. Districts; election of trustees.
(a) After a village with a
population of 5,000 or more adopts the
provisions of this Section in the manner prescribed in Section 3.1-25-80,
the board of trustees by ordinance shall divide and, whenever
necessary thereafter, shall redistrict the village into 6 compact and
contiguous districts of approximately equal population as required by law.
This redistricting
shall be completed not less than 30 days before the first day for the filing
of nominating petitions for the next succeeding election of village officers
held in accordance with the general election law.
(b) Each of the districts shall be represented by one trustee who shall have
been an actual resident of the district for at least 6 months immediately
before his or her election in the first election after a redistricting, unless the trustee is a resident of a newly incorporated municipality.
Only the electors of a district shall elect the
trustee from that
district.
(c) The provisions of this Code relating to terms of office of alderpersons in
cities shall also apply to the terms of office of trustees under this
Section.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/3.1-25-80
(65 ILCS 5/3.1-25-80) (from Ch. 24, par. 3.1-25-80)
Sec. 3.1-25-80.
Referendum; districting and election of trustees.
If
a
petition signed by not less than 5% of the electors
of a village with a population of 5,000 or more requests that the
question of districting the village and electing trustees, one from each
district, be submitted to the electors of the village, this question
shall be certified by the municipal clerk to the proper election authority,
who shall submit the proposition at the next general state or municipal
election in the village. The petition shall be presented in accordance
with the general election law.
The proposition
shall be in substantially the following form:
Shall the village be divided into 6 districts with | | one trustee elected from each district?
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If the question receives the favorable vote of a
majority of all votes cast on the proposition, the board of trustees
shall proceed to district the village, and the election of trustees for
the village thereafter shall be in accordance with Section 3.1-25-75.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-85
(65 ILCS 5/3.1-25-85) (from Ch. 24, par. 3.1-25-85)
Sec. 3.1-25-85.
Method of election of trustees; abandonment.
Any
municipality that has operated for more than 4 years
under the provisions of Section 3.1-25-75 may abandon its method of electing
trustees under that Section and elect its trustees under the provisions
of Section 3.1-25-5 then applicable to villages, by proceeding under this
Section.
When a petition signed by not less than 5% of the electors of the
village requests that the question of abandoning the method of electing
trustees from districts be submitted to the electors of the village,
this question shall be certified by the municipal clerk to the appropriate
election authority, who shall submit the proposition at
the next general municipal election
in the village. The petition shall be presented in accordance with the
general election law.
The proposition shall be in substantially the following form:
Shall (name of village) abandon the method of | | electing trustees from districts so that trustees shall be hereafter elected on a village wide basis?
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If a majority of the votes cast on this proposition are in favor of
it, the trustees elected at the next succeeding general
municipal election shall be elected in the manner then prescribed by
Section 3.1-25-5. The trustees who have been duly elected, have qualified, and
who are acting at the time this proposition takes effect shall continue
in office until their respective terms expire or until they cease to
function as trustees.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-90
(65 ILCS 5/3.1-25-90) (from Ch. 24, par. 3.1-25-90)
Sec. 3.1-25-90.
Election or appointment of clerk; term; vacancy.
(a) Any village of
fewer than 5,000 inhabitants may, by resolution
adopted by not less than two-thirds of the village board, choose to have
a clerk appointed by the village president with the concurrence of the village
board. Otherwise, at the election for trustees in each village and
incorporated
town, whether incorporated under a general or special Act (other than a village
that was incorporated under a special Act and that adopts Section 3.1-30-25),
a clerk of the village or incorporated town shall be elected who shall hold
office for a term of the same length of time as provided in this Article
3.1 for the mayor in a city, except that any such village or incorporated
town that, before January 1, 1942, has adopted a 2 year term for village clerk
shall continue to elect a village clerk for a term of 2 years. Whenever
a vacancy in the office of a clerk elected under this Section occurs during
the term, the vacancy shall be filled for the remainder of the term at the
next general municipal election as provided by Section 3.1-10-50. During the
period from the time the vacancy occurs until a clerk is elected as
provided in this Section and has qualified, the vacancy may be filled by
the appointment of an acting clerk by the president with the advice and
consent of the trustees.
(b) In any village where the clerk is appointed as provided in this
Section, the clerk may later be elected, but only after a referendum initiated
and held as provided in this Section. The question of whether the
village clerk shall be elected, rather than appointed, shall be submitted to
the electors of the village upon the filing of a petition with the village clerk signed by
electors equal
in number to at least 10% of the highest number of votes cast for any
candidate for village office at the last preceding municipal election. The
question shall be certified by the village clerk to the proper election
authorities, who shall submit the proposition at an election in accordance
with the general election law. The question shall be in substantially the
following form:
Shall the clerk in (name of village) be elected, | |
If a majority of the electors in the village voting on the question
vote in the affirmative, the village clerk shall thereafter be elected. If
a majority of the electors voting on the question vote in
the negative, the village clerk shall continue to be appointed.
(Source: P.A. 87-1119.)
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65 ILCS 5/3.1-25-95
(65 ILCS 5/3.1-25-95) (from Ch. 24, par. 3.1-25-95)
Sec. 3.1-25-95.
Incorporated town officers.
For the general municipal
election to be held
in the year 1985 in every incorporated town with a population
of 25,000 or more by the last official census, and every 4 years thereafter,
the municipal clerk shall certify the names of the candidates
to the proper election authority as provided by the general election
law. A president, a clerk, an assessor, a
collector, and a supervisor shall be elected for a term of 4 years
and until their successors are elected
and have qualified. Whenever a vacancy occurs in the office of any of the
specified officers, the vacancy shall
be filled for the remainder of the term at the next general municipal election
in that incorporated town as provided in Section 3.1-10-50. Whenever an
election is held for this purpose, the municipal clerk shall certify the
office to be filled and the candidates for that office to the election
authorities
as provided in the general election law. During the period from the time
a vacancy occurs until a clerk, assessor, collector, or supervisor is elected
and has qualified, the vacancy may be filled by appointment by the president
and board of trustees of that incorporated town voting jointly. During the
period from the time a vacancy occurs until a president is elected and has
qualified, the vacancy may be filled by appointment by the board of trustees
of that incorporated town.
(Source: P.A. 87-1119.)
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