State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ House Amendment 002 ]

90_SB1225

      10 ILCS 5/25-2            from Ch. 46, par. 25-2
      65 ILCS 5/3.1-10-50
          Amends the Election Code and the Illinois Municipal Code.
      Provides that a conviction for an offense  that  disqualifies
      an  office  holder from holding his or her office shall occur
      on the date of the return of a guilty verdict or the entry of
      a finding of guilt.  Further amends  the  Illinois  Municipal
      Code to provide that admission of guilt of a criminal offense
      that  disqualifies  an  office holder from holding his or her
      office, in the form of a written agreement to plead guilty to
      a felony, bribery, perjury, or other  infamous  crime,  shall
      constitute a resignation from office.  Effective immediately.
                                                     LRB9005893MWsb
                                               LRB9005893MWsb
 1        AN ACT in relation to public officials.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Election  Code  is  amended  by  changing
 5    Section 25-2 as follows:
 6        (10 ILCS 5/25-2) (from Ch. 46, par. 25-2)
 7        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
10    expiration of the term of such office:
11             (1)  The death of the incumbent.
12             (2)  His or her resignation.
13             (3)  His  or  her  becoming  a  person  under  legal
14        disability.
15             (4)  His or her ceasing to be an inhabitant  of  the
16        State;  or  if the office is local, his or her ceasing to
17        be an  inhabitant  of  the  district,  county,  town,  or
18        precinct  for which he or she was elected; provided, that
19        the provisions of  this  paragraph  shall  not  apply  to
20        township  officers  whose township boundaries are changed
21        in accordance with Section 10-20 of  the  Township  Code,
22        nor to township or multi-township assessors elected under
23        Sections 2-5 through 2-15 of the Property Tax Code.
24             (5)  His  or her conviction of an infamous crime, or
25        of any offense involving a violation of official oath.
26             (6)  His or her removal from office.
27             (7)  His or her refusal or neglect to  take  his  or
28        her  oath  of  office,  or  to  give  or renew his or her
29        official bond, or to deposit or file such  oath  or  bond
30        within the time prescribed by law.
31             (8)  The  decision of a competent tribunal declaring
                            -2-                LRB9005893MWsb
 1        his or her election void.
 2        No elective office, except as herein otherwise  provided,
 3    shall  become  vacant until the successor of the incumbent of
 4    such office has been appointed or elected, as  the  case  may
 5    be, and qualified.
 6        An unconditional resignation, effective at a future date,
 7    may  not  be  withdrawn  after  it is received by the officer
 8    authorized to  fill  the  vacancy.   Such  resignation  shall
 9    create a vacancy in office for the purpose of determining the
10    time  period  which would require an election.  The resigning
11    office holder may continue to hold such office until the date
12    or event specified in such resignation, but no later than the
13    date at which his or her successor is elected and qualified.
14        An admission of guilt of a criminal offense  that  would,
15    upon  conviction, disqualify the holder of an elective office
16    from holding that office, in the form of a written  agreement
17    with  State  or  federal  prosecutors  to  plead  guilty to a
18    felony, bribery, perjury, or other infamous crime under State
19    or federal law, shall  constitute  a  resignation  from  that
20    office, effective at the time the plea agreement is made.
21    For  purposes  of  this  Section, a conviction for an offense
22    that disqualifies the  holder  of  an  elective  office  from
23    holding  that office shall occur on the date of the return of
24    a guilty verdict or, in the case of a trial by the court, the
25    entry of a finding of guilt.
26    (Source: P.A. 88-419; 88-670, eff. 12-2-94.)
27        Section  10.  The Illinois Municipal Code is  amended  by
28    changing Section 3.1-10-50 as follows:
29        (65 ILCS 5/3.1-10-50)
30        Sec. 3.1-10-50.  Vacancies.
31        (a)  A  municipal  officer  may  resign  from  office.  A
32    vacancy occurs in an office by reason of resignation, failure
                            -3-                LRB9005893MWsb
 1    to elect or qualify (in which case the incumbent shall remain
 2    in  office  until  the  vacancy  is filled), death, permanent
 3    physical or mental disability rendering the person  incapable
 4    of  performing the duties of his or her office, conviction of
 5    a disqualifying crime, abandonment of  office,  removal  from
 6    office,  or removal of residence from the municipality or, in
 7    the case of aldermen of a ward or  trustees  of  a  district,
 8    removal  of  residence from the ward or district, as the case
 9    may be. An admission of guilt  of  a  criminal  offense  that
10    would, upon conviction, disqualify the municipal officer from
11    holding  that office, in the form of a written agreement with
12    State or federal prosecutors to plead  guilty  to  a  felony,
13    bribery,  perjury,  or  other  infamous  crime under State or
14    federal law, shall constitute a resignation from that office,
15    effective at the  time  the  plea  agreement  is  made.   For
16    purposes  of  this  Section, a conviction for an offense that
17    disqualifies the municipal officer from holding  that  office
18    shall occur on the date of the return of a guilty verdict or,
19    in  the  case of a trial by the court, the entry of a finding
20    of guilt.
21        (b)  If a vacancy occurs in an elective municipal  office
22    with  a 4-year term and there remains an unexpired portion of
23    the term of at least 28 months, and  the  vacancy  occurs  at
24    least  130  days  before  the general municipal election next
25    scheduled under the general election law, the  vacancy  shall
26    be  filled  for  the  remainder  of  the term at that general
27    municipal election.  Whenever an election is  held  for  this
28    purpose,  the  municipal clerk shall certify the office to be
29    filled and the  candidates  for  the  office  to  the  proper
30    election authorities as provided in the general election law.
31    If  the  vacancy  is in the office of mayor, the city council
32    shall elect one of their members acting mayor; if the vacancy
33    is in the office of president, the vacancy shall be filled by
34    the appointment of an acting president by the trustees.   The
                            -4-                LRB9005893MWsb
 1    acting mayor or acting president shall perform the duties and
 2    possess  all  the rights and powers of the mayor or president
 3    until a successor to fill the vacancy has  been  elected  and
 4    has  qualified.  If  the  vacancy  is  in  any other elective
 5    municipal  office,  then  until  the  office  is  filled   by
 6    election,  the  mayor  or president shall appoint a qualified
 7    person to the office subject to the advice and consent of the
 8    city council or trustees.
 9        (c)  In a 2 year term, or if  the  vacancy  occurs  later
10    than  the time provided in subsection (b) in a 4 year term, a
11    vacancy in the  office  of  mayor  shall  be  filled  by  the
12    corporate  authorities  electing  one of their members acting
13    mayor; if the vacancy is in  the  office  of  president,  the
14    vacancy  shall  be  filled  by  the  appointment of an acting
15    president by  the  trustees.   The  acting  mayor  or  acting
16    president shall perform the duties and possess all the rights
17    and  powers  of  the  mayor  or  president  until  a mayor or
18    president is elected at the next general  municipal  election
19    and  has  qualified.   A vacancy in any elective office other
20    than mayor or president shall be filled by appointment by the
21    mayor or president,  with  the  advice  and  consent  of  the
22    corporate authorities.
23        (d)  Municipal  officers  appointed or elected under this
24    Section shall hold office until their successors are  elected
25    and have qualified.
26        (e)  An  appointment  to  fill a vacancy in the office of
27    alderman shall be made  within  60  days  after  the  vacancy
28    occurs.   The  requirement that an appointment be made within
29    60 days is an exclusive power and function of the  State  and
30    is  a  denial  and  limitation  under Article VII, Section 6,
31    subsection (h) of the Illinois Constitution of the power of a
32    home rule municipality to require that an appointment be made
33    within a different period after the vacancy occurs.
34    (Source: P.A. 87-1052; 87-1119; 88-45.)
                            -5-                LRB9005893MWsb
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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