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Public Act 102-0015 | ||||
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Election Code is amended by changing | ||||
Sections 2A-1.1, 2A-1.2, 2A-26, 2A-28, 7-4, 7-8, 7-10, 7-10.2, | ||||
7-12, 7-13, 7-14, 7-16, 7-17, 7-43, 7-59, 7-60, 7-61, 8-5, | ||||
8-8, 8-8.1, 8-10, 8-17, 9-8.10, 9-13, 10-3, 10-4, 10-5.1, | ||||
10-6, 10-7, 10-8, 10-14, 16-3, 16-5.01, 17-13, 17-16.1, | ||||
18-9.1, 19-2, 19-3, 19A-15, 19A-20, 23-6.1, 25-6, and 29-15 | ||||
and by adding Sections 1-18, 1A-60, 1A-65, 2A-1.1b, 2A-1.1c, | ||||
11-8, 17-13.5, 19-2.4, and 19-2.5 as follows: | ||||
(10 ILCS 5/1-18 new) | ||||
Sec. 1-18. Cybersecurity. | ||||
(a) Each election authority maintaining a website shall | ||||
begin utilizing a ".gov" website address and a ".gov" | ||||
electronic mail address for each employee within one year of | ||||
the effective date of this amendatory Act of the 102nd General | ||||
Assembly. The integrity of election authorities' websites and | ||||
electronic mail addresses shall be protected using electronic | ||||
mail security products provided by the Illinois Department of | ||||
Innovation and Technology or a third-party vendor. | ||||
(b) Each election authority shall perform an | ||||
organizational risk assessment through the Cyber Navigator |
Program on a biennial basis. | ||
(c) Each election authority shall begin performing monthly | ||
vulnerability scans to defend against cyber breaches within 6 | ||
months after the effective date of this amendatory Act of the | ||
102nd General Assembly. | ||
(d) Each election authority shall begin using endpoint | ||
detection and response security tools on all computers | ||
utilized by employees within one year of the effective date of | ||
this amendatory Act of the 102nd General Assembly. | ||
(10 ILCS 5/1A-60 new) | ||
Sec. 1A-60. High school voter registration. | ||
(a) The State Board of Elections shall prepare a one page | ||
document explaining the process to register to vote to be | ||
disseminated to high school age students. Every high school | ||
must provide students with that document, which may be | ||
disseminated electronically. | ||
(b) No high school may prohibit nonpartisan voter | ||
registration activities on its premises. A high school may | ||
adopt reasonable regulations restricting nonpartisan voter | ||
registration activities. | ||
(10 ILCS 5/1A-65 new) | ||
Sec. 1A-65. Election authority guidance. 90 days before | ||
any election, the State Board of Elections shall provide | ||
written guidance to election authorities on: (1) ballot |
tracking procedures and the proper terminology to be used as | ||
part of those procedures; and (2) summarizing requirements for | ||
voting, curbside voting, early voting, and vote by mail.
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(10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
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Sec. 2A-1.1. All Elections - Consolidated Schedule. | ||
(a) Except as otherwise provided in this Code, in In
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even-numbered years, the general election shall be held on the | ||
first
Tuesday after the first Monday of November; and an | ||
election to be known
as the general primary election shall be | ||
held on the third Tuesday in March;
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(b) In odd-numbered years, an election to be known as the
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consolidated election shall be held on the first Tuesday in | ||
April except
as provided in Section 2A-1.1a of this Act; and
an | ||
election to be known as the consolidated primary election | ||
shall be
held on the last Tuesday in February.
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(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11 .)
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(10 ILCS 5/2A-1.1b new) | ||
Sec. 2A-1.1b. 2022 general primary election and general | ||
election dates. | ||
(a) In addition to the provisions of this Code and
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notwithstanding any other law to the contrary, the provisions
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in this Section shall govern the dates for the conduct of the
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2022 general primary election and for preparing for the 2022 | ||
general election. The provisions of this Code shall
control |
any aspect of the administration or conduct of the 2022
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general primary election and 2022 general election that is not | ||
provided for in this Section,
provided that in the event of | ||
conflict between this Section and
any other provision of this | ||
Code or any other law, the
provisions of this Section shall | ||
control. The provisions of this Section shall apply to all
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election authorities, including, but not limited to, those
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under the jurisdiction of a Board of Election Commissioners. | ||
The provisions of this Section shall apply for the
dates for | ||
the 2022 general primary election and the 2022 general | ||
election only
and the provisions of this amendatory Act of the | ||
102nd General
Assembly shall be in effect through December 31, | ||
2022. | ||
(b) Petitions for nomination for the general primary | ||
election may begin circulation on January 13, 2022. All | ||
petitions for nomination of an established party candidate for | ||
statewide office shall be signed by at least 3,250 but not more | ||
than 6,500 of the qualified primary electors of the | ||
candidate's party. All petitions for nomination of an | ||
established party candidate for the office of Representative | ||
in the General Assembly shall be signed by at least 400 but not | ||
more than 1,000 of the qualified primary electors of the | ||
candidate's party in the candidate's representative district. | ||
All petitions for nomination of an established party candidate | ||
for the office of State Senator shall be signed by at least 650 | ||
but not more than 2,000 of the qualified primary electors of |
the candidate's party in the candidate's legislative district. | ||
The signature requirement for an established party candidate | ||
for all other offices shall be reduced by one-third and any | ||
provision of this Code limiting the maximum number of | ||
signatures that may be submitted for those offices shall be | ||
reduced by one-third. | ||
(c) Petitions for nomination for congressional, or | ||
judicial office, or for any office a nomination for which is | ||
made for a territorial division or district which comprises | ||
more than one county or is partly in one county and partly in | ||
another county or counties (including the Fox Metro Water | ||
Reclamation District) for the general primary election may be | ||
filed in the principal office of the State Board of Elections | ||
beginning on March 7, 2022 but no later than March 14, 2022; a | ||
petition for nomination to fill a vacancy by special election | ||
in the office of representative in Congress from this State | ||
(for vacancies occurring between February 21, 2022 and March | ||
14, 2022) for the general primary election may be filed in the | ||
principal office of the State Board of Elections beginning | ||
March 28, 2022 but no later than April 4, 2022. | ||
(d) Objections to certificates of nomination and | ||
nomination papers and petitions to submit public questions to | ||
a referendum for the general primary election shall be filed | ||
no later than March 21, 2022. | ||
(e) Electors may request vote by mail ballots for the | ||
general primary election beginning on March 30, 2022 but no |
later than June 23, 2022. | ||
(f) Petitions for nomination for independent candidates | ||
and new political party candidates for the general election | ||
may begin circulation on April 13, 2022. | ||
(g) The State Board of Elections shall certify the names | ||
of candidates who filed nomination papers or certificates of | ||
nomination for the general primary election with the Board no | ||
later than April 21, 2022. | ||
(h) A notarized declaration of intent to be a write-in | ||
candidate for the general primary election shall be filed with | ||
the proper election authority or authorities no later than | ||
April 28, 2022. | ||
(i) Each election authority shall mail ballots to each | ||
person who has filed an application for a ballot for the | ||
general primary election under Article 20 no later than May | ||
14, 2022, and any application received after May 12, 2022 | ||
shall be mailed within 2 business days after receipt of the | ||
application. | ||
(j) The period for early voting by personal appearance for | ||
the general primary election shall begin on May 19, 2022. | ||
(k) The general primary election shall be held on June 28, | ||
2022. | ||
(l) The last day for an established party managing | ||
committee to appoint someone to fill a vacancy for the general | ||
election when no candidate was nominated at the general | ||
primary election and for the appointee to file the required |
documentation is August 13, 2022. | ||
(m) Certificates of nomination and nomination papers for | ||
the nomination of new political parties and independent | ||
candidates for offices to be filled by electors of the entire | ||
State, or any district not entirely within a county, or for | ||
congressional, State legislative or judicial offices shall be | ||
presented to the principal office of the State Board of | ||
Elections beginning July 5, 2022 but no later than July 11, | ||
2022. | ||
(n) Objections to certificates of nomination and | ||
nomination papers for new political parties and independent | ||
candidates for the general election shall be filed no later | ||
than July 18, 2022. | ||
(o) A person for whom a petition for nomination has been | ||
filed for the general election may withdraw his or her | ||
petition with the appropriate election authority no later than | ||
August 13, 2022. | ||
(p) The State Board of Elections shall certify to the | ||
county clerks
the names of each of the candidates to appear on | ||
the ballot for the general election no later than September 6, | ||
2022. | ||
(q) This Section is repealed on January 1, 2023. | ||
(10 ILCS 5/2A-1.1c new) | ||
Sec. 2A-1.1c. 2022 Election Day State holiday. | ||
Notwithstanding any other provision of State law to the |
contrary, November 8, 2022 shall be a State holiday known as | ||
2022 General Election Day and shall be observed throughout the | ||
State. November 8, 2022 shall be deemed a legal school holiday | ||
for purposes of the School Code and State Universities Civil | ||
Service Act. Any school closed under this amendatory Act of | ||
the 102nd General Assembly and Section 24-2 of the School Code | ||
shall be made available to an election authority as a polling | ||
place for 2022 General Election Day. | ||
This Section is repealed on January 1, 2023.
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(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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Sec. 2A-1.2. Consolidated schedule of elections; offices | ||
elections - offices designated.
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(a) At the general election in the appropriate | ||
even-numbered years, the
following offices shall be filled or | ||
shall be on the ballot as otherwise
required by this Code:
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(1) Elector of President and Vice President of the | ||
United States;
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(2) United States Senator and United States | ||
Representative;
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(3) State Executive Branch elected officers;
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(4) State Senator and State Representative;
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(5) County elected officers, including State's | ||
Attorney, County Board
member, County Commissioners, and | ||
elected President of the County Board or
County Chief | ||
Executive;
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(6) Circuit Court Clerk;
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(7) Regional Superintendent of Schools, except in | ||
counties or
educational service regions in which that | ||
office has been abolished;
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(8) Judges of the Supreme, Appellate and Circuit | ||
Courts, on the question
of retention, to fill vacancies | ||
and newly created judicial offices;
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(9) (Blank);
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(10) Trustee of the Metropolitan Water Reclamation | ||
Sanitary District of Greater Chicago, and elected
Trustee | ||
of other Sanitary Districts;
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(11) Special District elected officers, not otherwise | ||
designated in this
Section, where the statute creating or | ||
authorizing the creation of
the district requires an | ||
annual election and permits or requires election
of | ||
candidates of political parties.
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(b) At the general primary election:
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(1) in each even-numbered year candidates of political | ||
parties shall be
nominated for those offices to be filled | ||
at the general election in that
year, except where | ||
pursuant to law nomination of candidates of political
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parties is made by caucus.
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(2) in the appropriate even-numbered years the | ||
political party offices of
State central committeeperson, | ||
township committeeperson, ward committeeperson, and
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precinct committeeperson shall be filled and delegates and |
alternate delegates
to the National nominating conventions | ||
shall be elected as may be required
pursuant to this Code. | ||
In the even-numbered years in which a Presidential
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election is to be held, candidates in the Presidential | ||
preference primary
shall also be on the ballot.
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(3) in each even-numbered year, where the municipality | ||
has provided for
annual elections to elect municipal | ||
officers pursuant to Section 6(f) or
Section 7 of Article | ||
VII of the Constitution, pursuant to the Illinois
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Municipal Code or pursuant to the municipal charter, the | ||
offices of such
municipal officers shall be filled at an | ||
election held on the date of the
general primary election, | ||
provided that the municipal election shall be a
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nonpartisan election where required by the Illinois | ||
Municipal Code. For
partisan municipal elections in | ||
even-numbered years, a primary to nominate
candidates for | ||
municipal office to be elected at the general primary
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election shall be held on the Tuesday 6 weeks preceding | ||
that election.
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(4) in each school district which has adopted the | ||
provisions of
Article 33 of the School Code, successors to | ||
the members of the board
of education whose terms expire | ||
in the year in which the general primary is
held shall be | ||
elected.
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(c) At the consolidated election in the appropriate | ||
odd-numbered years,
the following offices shall be filled:
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(1) Municipal officers, provided that in | ||
municipalities in which
candidates for alderperson | ||
alderman or other municipal office are not permitted by | ||
law
to be candidates of political parties, the runoff | ||
election where required
by law, or the nonpartisan | ||
election where required by law, shall be held on
the date | ||
of the consolidated election; and provided further, in the | ||
case of
municipal officers provided for by an ordinance | ||
providing the form of
government of the municipality | ||
pursuant to Section 7 of Article VII of the
Constitution, | ||
such offices shall be filled by election or by runoff
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election as may be provided by such ordinance;
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(2) Village and incorporated town library directors;
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(3) City boards of stadium commissioners;
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(4) Commissioners of park districts;
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(5) Trustees of public library districts;
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(6) Special District elected officers, not otherwise | ||
designated in this
Section, where the statute creating or | ||
authorizing the creation of the district
permits or | ||
requires election of candidates of political parties;
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(7) Township officers, including township park | ||
commissioners, township
library directors, and boards of | ||
managers of community buildings, and
Multi-Township | ||
Assessors;
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(8) Highway commissioners and road district clerks;
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(9) Members of school boards in school districts which |
adopt Article 33
of the School Code;
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(10) The directors and chair of the Chain O Lakes - Fox | ||
River Waterway
Management Agency;
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(11) Forest preserve district commissioners elected | ||
under Section 3.5 of
the Downstate Forest Preserve | ||
District Act;
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(12) Elected members of school boards, school | ||
trustees, directors of
boards of school directors, | ||
trustees of county boards of school trustees
(except in | ||
counties or educational service regions having a | ||
population
of 2,000,000 or more inhabitants) and members | ||
of boards of school inspectors,
except school boards in | ||
school
districts that adopt Article 33 of the School Code;
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(13) Members of Community College district boards;
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(14) Trustees of Fire Protection Districts;
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(15) Commissioners of the Springfield Metropolitan | ||
Exposition and
Auditorium
Authority;
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(16) Elected Trustees of Tuberculosis Sanitarium | ||
Districts;
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(17) Elected Officers of special districts not | ||
otherwise designated in
this Section for which the law | ||
governing those districts does not permit
candidates of | ||
political parties.
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(d) At the consolidated primary election in each | ||
odd-numbered year,
candidates of political parties shall be | ||
nominated for those offices to be
filled at the consolidated |
election in that year, except where pursuant to
law nomination | ||
of candidates of political parties is made by caucus, and
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except those offices listed in paragraphs (12) through (17) of | ||
subsection
(c).
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At the consolidated primary election in the appropriate | ||
odd-numbered years,
the mayor, clerk, treasurer, and | ||
alderpersons aldermen shall be elected in
municipalities in | ||
which
candidates for mayor, clerk, treasurer, or alderperson | ||
alderman are not permitted by
law to be candidates
of | ||
political parties, subject to runoff elections to be held at | ||
the
consolidated election as may be required
by law, and | ||
municipal officers shall be nominated in a nonpartisan | ||
election
in municipalities in which pursuant to law candidates | ||
for such office are
not permitted to be candidates of | ||
political parties.
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At the consolidated primary election in the appropriate | ||
odd-numbered years,
municipal officers shall be nominated or | ||
elected, or elected subject to
a runoff, as may be provided by | ||
an ordinance providing a form of government
of the | ||
municipality pursuant to Section 7 of Article VII of the | ||
Constitution.
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(e) (Blank).
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(f) At any election established in Section 2A-1.1, public | ||
questions may
be submitted to voters pursuant to this Code and | ||
any special election
otherwise required or authorized by law | ||
or by court order may be conducted
pursuant to this Code.
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Notwithstanding the regular dates for election of officers | ||
established
in this Article, whenever a referendum is held for | ||
the establishment of
a political subdivision whose officers | ||
are to be elected, the initial officers
shall be elected at the | ||
election at which such referendum is held if otherwise
so | ||
provided by law. In such cases, the election of the initial | ||
officers
shall be subject to the referendum.
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Notwithstanding the regular dates for election of | ||
officials established
in this Article, any community college | ||
district which becomes effective by
operation of law pursuant | ||
to Section 6-6.1 of the Public Community College
Act, as now or | ||
hereafter amended, shall elect the initial district board
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members at the next regularly scheduled election following the | ||
effective
date of the new district.
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(g) At any election established in Section 2A-1.1, if in | ||
any precinct
there are no offices or public questions required | ||
to be on the ballot under
this Code then no election shall be | ||
held in the precinct on that date.
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(h) There may be conducted a
referendum in accordance with | ||
the provisions of Division 6-4 of the
Counties Code.
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(Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
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(10 ILCS 5/2A-26) (from Ch. 46, par. 2A-26)
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Sec. 2A-26. Chicago Alderpersons Aldermen . Alderpersons | ||
Aldermen of the City of Chicago shall
be elected at the | ||
consolidated primary election in 1979 and at the
consolidated |
primary election every 4 years thereafter. The runoff
election | ||
where necessary, pursuant to law, for Chicago alderpersons | ||
aldermen shall be
held at the consolidated election in 1979, | ||
and every 4 years thereafter.
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(Source: P.A. 80-936.)
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(10 ILCS 5/2A-28) (from Ch. 46, par. 2A-28)
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Sec. 2A-28. Cities Generally - Alderpersons Aldermen - | ||
Time of Election. An alderperson
alderman of a city other than | ||
the City of Chicago shall be elected at
the consolidated or | ||
general primary election in each year to succeed each
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incumbent alderperson alderman whose term ends before the | ||
following consolidated or
general election.
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(Source: P.A. 81-1433.)
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(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
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Sec. 7-4.
The following words and phrases in this Article | ||
7 shall,
unless the same be inconsistent with the context, be | ||
construed as
follows:
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1. The word "primary" the primary elections provided for | ||
in this
Article, which are the general primary, the | ||
consolidated primary, and for
those municipalities which have | ||
annual partisan elections for any officer,
the municipal | ||
primary held 6 weeks prior to the general primary election
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date in even numbered years.
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2. The definition of terms in Section 1-3 of this Act shall |
apply to
this Article.
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3. The word "precinct" a voting district heretofore or | ||
hereafter
established by law within which all qualified | ||
electors vote at one
polling place.
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4. The words "state office" or "state officer", an office | ||
to be
filled, or an officer to be voted for, by qualified | ||
electors of the
entire state, including United States Senator | ||
and Congressperson Congressman at large.
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5. The words "congressional office" or "congressional | ||
officer",
representatives in Congress.
| ||
6. The words "county office" or "county officer," include | ||
an office
to be filled or an officer to be voted for, by the | ||
qualified electors of
the entire county. "County office" or | ||
"county officer" also include the
assessor and board of | ||
appeals and county commissioners and president of
county board | ||
of Cook County, and county board members and the chair
of the | ||
county board in counties subject to "An Act relating to the
| ||
composition and election of county boards in certain | ||
counties", enacted
by the 76th General Assembly.
| ||
7. The words "city office" and "village office," and | ||
"incorporated
town office" or "city officer" and "village | ||
officer", and "incorporated
town officer" an office to be | ||
filled or an officer to be voted for by
the qualified electors | ||
of the entire municipality, including alderpersons aldermen .
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8. The words "town office" or "town officer", an office to | ||
be filled
or an officer to be voted for by the qualified |
electors of an entire
town.
| ||
9. The words "town" and "incorporated town" shall | ||
respectively be
defined as in Section 1-3 of this Act.
| ||
10. The words "delegates and alternate delegates to | ||
National
nominating conventions" include all delegates and | ||
alternate delegates to
National nominating conventions whether | ||
they be elected from the state
at large or from congressional | ||
districts or selected by State convention
unless contrary and | ||
non-inclusive language specifically limits the term
to one | ||
class.
| ||
11. "Judicial office" means a post held by a judge of the | ||
Supreme,
Appellate or Circuit Court.
| ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
| ||
(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
| ||
Sec. 7-8. The State central committee shall be composed of | ||
one or two
members from each congressional district in the | ||
State and shall be elected as
follows:
| ||
State Central Committee
| ||
(a) Within 30 days after January 1, 1984 (the effective | ||
date of Public Act 83-33), the State central committee of each | ||
political party shall certify to
the State Board of Elections | ||
which of the following alternatives it wishes
to apply to the | ||
State central committee of that party.
| ||
Alternative A. At the primary in
1970 and at the general | ||
primary election held every 4 years thereafter, each primary
|
elector may vote for one candidate of his party for member of | ||
the State
central committee for the congressional district in | ||
which he resides.
The candidate receiving the highest number | ||
of votes shall be declared
elected State central | ||
committeeperson from the district. A political party
may, in | ||
lieu of the foregoing, by a majority vote of delegates at any | ||
State
convention of such party, determine to thereafter elect | ||
the State central committeepersons
in the manner following:
| ||
At the county convention held by such political party, | ||
State central committeepersons
shall be elected in the same | ||
manner as provided in this
Article for the election of | ||
officers of the county central committee, and
such election | ||
shall follow the election of officers of the county central
| ||
committee. Each elected ward, township or precinct | ||
committeeperson shall cast
as his vote one vote for each | ||
ballot voted in his ward, township, part of a
township or | ||
precinct in the last preceding primary election of his
| ||
political party. In the case of a county lying partially | ||
within one
congressional district and partially within another | ||
congressional district,
each ward, township or precinct | ||
committeeperson shall vote only with respect
to the | ||
congressional district in which his ward, township, part of a
| ||
township or precinct is located. In the case of a | ||
congressional district
which encompasses more than one county, | ||
each ward, township or precinct committeeperson
residing | ||
within the congressional district shall cast as his
vote one |
vote for each ballot voted in his ward, township, part of a
| ||
township or precinct in the last preceding primary election of | ||
his
political party for one candidate of his party for member | ||
of the State
central committee for the congressional district | ||
in which he resides and
the Chair of the county central | ||
committee shall report the results of
the election to the | ||
State Board of Elections. The State Board of Elections
shall | ||
certify the candidate receiving the highest number of votes | ||
elected
State central committeeperson for that congressional | ||
district.
| ||
The State central committee shall adopt rules to provide | ||
for and govern
the procedures to be followed in the election of | ||
members of the State central
committee.
| ||
After August 6, 1999 (the
effective date of Public Act | ||
91-426), whenever a vacancy occurs in the office of Chair of a | ||
State
central committee, or at the end of the term of office of | ||
Chair, the State
central committee of each political party | ||
that has selected Alternative A shall
elect a Chair who shall | ||
not be required to be a member of the State Central
Committee. | ||
The Chair shall be a
registered voter in this State and of the | ||
same political party as the State
central committee.
| ||
Alternative B. Each congressional committee shall, within | ||
30 days after
the adoption of this alternative, appoint a | ||
person of a different gender than the sex opposite that
of the | ||
incumbent member for that congressional district to serve as | ||
an
additional member of the State central committee until the |
member's his or her successor
is elected at the general | ||
primary election in 1986. Each congressional
committee shall | ||
make this appointment by voting on the basis set forth in
| ||
paragraph (e) of this Section. In each congressional district | ||
at the
general primary election held in 1986 and every 4 years | ||
thereafter, the person
male candidate receiving the highest | ||
number of votes of the party's male
candidates for State | ||
central committeeperson committeeman , and the person of a | ||
different gender female candidate
receiving the highest number | ||
of votes of the party's female candidates for
State central | ||
committeewoman , shall be declared elected State central
| ||
committeepersons committeeman and State central committeewoman | ||
from the district. At the
general primary election held in | ||
1986 and every 4 years thereafter, if all a
party's candidates | ||
for State central committeeperson committeemen or State | ||
central
committeewomen from a congressional district are of | ||
the same gender are of the same sex , the candidate
receiving | ||
the highest number of votes shall be declared elected a State | ||
central committeeperson
committeeman or State central | ||
committeewoman from the district, and, because of
a failure to | ||
elect 2 persons from different genders one male and one female | ||
to the committee, a vacancy shall be
declared to exist in the | ||
office of the second member of the State central
committee | ||
from the district. This vacancy shall be filled by appointment | ||
by
the congressional committee of the political party, and the | ||
person appointed to
fill the vacancy shall be a resident of the |
congressional district and of a different gender than the | ||
committeeperson the
sex opposite that of the committeeman or | ||
committeewoman elected at the general
primary election. Each | ||
congressional committee shall make this appointment by
voting | ||
on the basis set forth in paragraph (e) of this Section.
| ||
The Chair of a State central committee composed as | ||
provided in this
Alternative B must be selected from the | ||
committee's members.
| ||
Except as provided for in Alternative A with respect to | ||
the selection of
the Chair of the State central committee, | ||
under both of the foregoing
alternatives, the
State
central
| ||
committee of each political party shall be composed of members | ||
elected
or appointed from the several congressional districts | ||
of the State,
and of no other person or persons whomsoever. The | ||
members of the State
central committee shall, within 41 days | ||
after each quadrennial election of
the full committee, meet in | ||
the city of Springfield and organize
by electing a Chair, and | ||
may at such time
elect such officers from among their own | ||
number (or otherwise), as they
may deem necessary or | ||
expedient. The outgoing chair of the State
central committee | ||
of the party shall, 10 days before the meeting, notify
each | ||
member of the State central committee elected at the primary | ||
of the
time and place of such meeting. In the organization and | ||
proceedings of
the State central committee, the 2 | ||
committeepersons each State central committeeman and State
| ||
central committeewoman shall each have one vote for each |
ballot voted in their his or her
congressional district by the | ||
primary electors of the committeepersons' his or her party at | ||
the
primary election immediately preceding the meeting of the | ||
State central
committee. Whenever a vacancy occurs in the | ||
State central committee of any
political party, the vacancy | ||
shall be filled by appointment of
the chairmen of the county | ||
central committees of the
political party
of the counties | ||
located within the congressional district in which the vacancy
| ||
occurs and,
if applicable, the ward and township | ||
committeepersons of the
political
party in counties of | ||
2,000,000 or more inhabitants located within the
congressional
| ||
district. If the congressional district in which the vacancy | ||
occurs lies
wholly within a
county of 2,000,000 or more | ||
inhabitants, the ward and township committeepersons
of the | ||
political party in that congressional district shall vote to | ||
fill the
vacancy. In voting to fill the vacancy, each chair of | ||
a county central
committee and
each ward and township | ||
committeeperson in counties of 2,000,000
or
more inhabitants | ||
shall have one vote for each ballot voted in each precinct of
| ||
the congressional district in which the vacancy exists of the | ||
chair's or committeeperson's
his or her
county, township, or | ||
ward cast by the primary electors of the chair's or | ||
committeeperson's his or her party
at the
primary election | ||
immediately preceding the meeting to fill the vacancy in the
| ||
State
central committee. The person appointed to fill the | ||
vacancy shall be a
resident of the
congressional district in |
which the vacancy occurs, shall be a qualified voter,
and, in a | ||
committee composed as provided in Alternative B, shall be of | ||
the same gender be of the
same
sex as the appointee's his or | ||
her
predecessor. A political party may, by a majority vote of | ||
the
delegates of any State convention of such party, determine | ||
to return
to the election of State central committeepersons | ||
committeeman and State central
committeewoman by the vote of | ||
primary electors.
Any action taken by a political party at a | ||
State convention in accordance
with this Section shall be | ||
reported to the State Board of Elections by the chair
and | ||
secretary of such convention within 10 days after such action.
| ||
Ward, Township and Precinct Committeepersons
| ||
(b) At the primary in 1972 and
at the general primary | ||
election every 4 years thereafter, each primary elector in | ||
cities having a
population of 200,000 or over may vote for one | ||
candidate of his party in
his ward for ward committeeperson. | ||
Each candidate for ward committeeperson
must be a resident of | ||
and in the ward where he seeks to be elected ward | ||
committeeperson. The one having the highest number of votes | ||
shall be such
ward committeeperson of such party for such | ||
ward. At the primary election
in 1970 and at the general | ||
primary election every 4 years thereafter,
each primary | ||
elector in counties containing a population of 2,000,000 or
| ||
more, outside of cities containing a population of 200,000 or | ||
more, may
vote for one candidate of his party for township | ||
committeeperson. Each
candidate for township committeeperson |
must be a resident of and in the
township or part of a township | ||
(which lies outside of a city having a
population of 200,000 or | ||
more, in counties containing a population of
2,000,000 or | ||
more), and in which township or part of a township he seeks
to | ||
be elected township committeeperson. The one having the | ||
highest number
of votes shall be such township committeeperson | ||
of such party for such
township or part of a township. At the | ||
primary
in 1970 and at the general primary election every 2 | ||
years thereafter, each primary elector,
except in counties | ||
having a population of 2,000,000 or over, may vote
for one | ||
candidate of his party in his precinct for precinct | ||
committeeperson. Each candidate for precinct committeeperson | ||
must be a bona
fide resident of the precinct where he seeks to | ||
be elected precinct committeeperson. The one having the | ||
highest number of votes shall be such
precinct committeeperson | ||
of such party for such precinct. The official
returns of the | ||
primary shall show the name of the committeeperson of each
| ||
political party.
| ||
Terms of Committeepersons. All precinct committeepersons | ||
elected under the
provisions of this Article shall continue as | ||
such committeepersons until the
date of the primary to be held | ||
in the second year after their election.
Except as otherwise | ||
provided in this Section for certain State central | ||
committeepersons
who have 2 year terms, all State central | ||
committeepersons, township committeepersons
and ward | ||
committeepersons shall continue as such committeepersons
until |
the date of primary to be held in the fourth year after their
| ||
election. However, a vacancy exists in the office of precinct | ||
committeeperson
when a precinct committeeperson ceases to | ||
reside in the precinct in which he
was elected and such | ||
precinct committeeperson shall thereafter neither have
nor | ||
exercise any rights, powers or duties as committeeperson in | ||
that precinct,
even if a successor has not been elected or | ||
appointed.
| ||
(c) The Multi-Township Central Committee shall consist of | ||
the precinct committeepersons
of such party, in the | ||
multi-township assessing district formed
pursuant to Section | ||
2-10 of the Property Tax Code and shall be organized for the | ||
purposes set forth in Section
45-25 of the Township Code. In | ||
the organization and proceedings of the
Multi-Township Central | ||
Committee each precinct committeeperson shall have one vote
| ||
for each ballot voted in his precinct by the primary electors | ||
of his party at
the primary at which he was elected.
| ||
County Central Committee
| ||
(d) The county central committee of each political party | ||
in each
county shall consist of the various township | ||
committeepersons, precinct committeepersons
and ward | ||
committeepersons, if any, of such party in the county.
In the | ||
organization and proceedings of the county central committee,
| ||
each precinct committeeperson shall have one vote for each | ||
ballot voted in
his precinct by the primary electors of his | ||
party at the primary at
which he was elected; each township |
committeeperson shall have one vote for
each ballot voted in | ||
his township or part of a township as the case may
be by the | ||
primary electors of his party at the primary election
for the | ||
nomination of candidates for election to the General Assembly
| ||
immediately preceding the meeting of the county central | ||
committee; and
in the organization and proceedings of the | ||
county central committee,
each ward committeeperson shall have | ||
one vote for each ballot voted in his
ward by the primary | ||
electors of his party at the primary election
for the | ||
nomination of candidates for election to the General Assembly
| ||
immediately preceding the meeting of the county central | ||
committee.
| ||
Cook County Board of Review Election District Committee
| ||
(d-1) Each board of review election district committee of | ||
each political
party in Cook County shall consist of the
| ||
various township committeepersons and ward committeepersons, | ||
if any, of that party in
the portions of the county composing | ||
the board of review election district. In
the organization and | ||
proceedings of each of the 3 election
district committees, | ||
each township committeeperson shall have one vote for each
| ||
ballot voted in the committeeperson's his or her township or | ||
part of a township, as the case may be,
by
the primary electors | ||
of the committeeperson's his or her party at the primary | ||
election immediately
preceding the meeting of the board of | ||
review election district committee; and
in the organization | ||
and proceedings of each of the 3 election district
committees, |
each ward committeeperson shall have one vote for each
ballot | ||
voted in the committeeperson's
his or her ward or part of that | ||
ward, as the case may be, by the primary
electors of the | ||
committeeperson's his or her party at the primary election | ||
immediately preceding the
meeting of the board of review | ||
election district committee.
| ||
Congressional Committee
| ||
(e) The congressional committee of each party in each | ||
congressional
district shall be composed of the chairmen of | ||
the county central
committees of the counties composing the | ||
congressional district, except
that in congressional districts | ||
wholly within the territorial limits of
one county, the | ||
precinct committeepersons, township committeepersons and ward | ||
committeepersons, if any, of
the party representing the | ||
precincts within the limits of the
congressional district, | ||
shall compose the congressional committee. A
State central | ||
committeeperson in each district shall be a member and the | ||
chair
or, when a district has 2 State central | ||
committeepersons, a co-chairperson
of the congressional | ||
committee, but shall not have the right to
vote except in case | ||
of a tie.
| ||
In the organization and proceedings of congressional | ||
committees
composed of precinct committeepersons or township | ||
committeepersons or ward committeepersons, or any combination | ||
thereof, each precinct committeeperson
shall have one vote for | ||
each ballot voted in his precinct by the primary
electors of |
his party at the primary at which he was elected, each
township | ||
committeeperson shall have one vote for each ballot voted in | ||
his
township or part of a township as the case may be by the | ||
primary
electors of his party at the primary election | ||
immediately preceding the
meeting of the congressional | ||
committee, and each ward committeeperson shall
have one vote | ||
for each ballot voted in each precinct of his ward located
in | ||
such congressional district by the primary electors of his | ||
party at
the primary election immediately preceding the | ||
meeting of the
congressional committee; and in the | ||
organization and proceedings of
congressional committees | ||
composed of the chairmen of the county central
committees of | ||
the counties within such district, each chair of such
county | ||
central committee shall have one vote for each ballot voted in
| ||
his county by the primary electors of his party at the primary | ||
election
immediately preceding the meeting of the | ||
congressional committee.
| ||
Judicial District Committee
| ||
(f) The judicial district committee of each political | ||
party in each
judicial district shall be composed of the chair | ||
of the county
central committees of the counties composing the | ||
judicial district.
| ||
In the organization and proceedings of judicial district | ||
committees
composed of the chairmen of the county central | ||
committees of the
counties within such district, each chair of | ||
such county central
committee shall have one vote for each |
ballot voted in his county by the
primary electors of his party | ||
at the primary election immediately
preceding the meeting of | ||
the judicial district committee.
| ||
Circuit Court Committee
| ||
(g) The circuit court committee of each political party in | ||
each
judicial circuit outside Cook County shall be composed of | ||
the chairmen
of the county central committees of the counties | ||
composing the judicial
circuit.
| ||
In the organization and proceedings of circuit court | ||
committees, each chair
of a county central committee shall | ||
have one vote for each
ballot voted in his county by the | ||
primary electors of his party at the
primary election | ||
immediately preceding the meeting of the circuit court
| ||
committee.
| ||
Judicial Subcircuit Committee
| ||
(g-1) The judicial subcircuit committee of each political | ||
party in
each judicial subcircuit in a judicial circuit | ||
divided into subcircuits
shall be composed of (i) the ward and | ||
township committeepersons
of the townships and wards composing | ||
the judicial subcircuit in Cook County and
(ii) the precinct | ||
committeepersons of the precincts
composing the judicial | ||
subcircuit in any county other than Cook County.
| ||
In the organization and proceedings of each judicial | ||
subcircuit committee,
each township committeeperson shall have | ||
one vote for each ballot voted in his
township or part of a | ||
township, as the case may be, in the judicial
subcircuit by the |
primary electors of his party at the primary election
| ||
immediately preceding the meeting of the judicial subcircuit | ||
committee;
each precinct committeeperson shall have one vote | ||
for each ballot voted in his
precinct or part of a precinct, as | ||
the case may be, in the judicial subcircuit
by the primary | ||
electors of his party at the primary election immediately
| ||
preceding the meeting of the judicial subcircuit committee;
| ||
and
each ward committeeperson shall have one vote for each | ||
ballot voted in his
ward or part of a ward, as the case may be, | ||
in the judicial subcircuit by
the primary electors of his | ||
party at the primary election immediately
preceding the | ||
meeting of the judicial subcircuit committee.
| ||
Municipal Central Committee
| ||
(h) The municipal central committee of each political | ||
party shall be
composed of the precinct, township or ward | ||
committeepersons, as the case may
be, of such party | ||
representing the precincts or wards, embraced in such
city, | ||
incorporated town or village. The voting strength of each
| ||
precinct, township or ward committeeperson on the municipal | ||
central
committee shall be the same as his voting strength on | ||
the county central
committee.
| ||
For political parties, other than a statewide political | ||
party,
established only within a municipality or
township, the | ||
municipal or township managing committee shall be composed
of | ||
the party officers of the local established party. The party | ||
officers
of a local established party shall be as follows: the |
chair and
secretary of the caucus for those municipalities and | ||
townships authorized
by statute to nominate candidates by | ||
caucus shall serve as party officers
for the purpose of | ||
filling vacancies in nomination under Section
7-61; for | ||
municipalities and townships authorized by statute or | ||
ordinance
to nominate candidates by petition and primary | ||
election, the party officers
shall be the party's candidates | ||
who are nominated at the primary. If no party
primary was held | ||
because of the provisions of Section 7-5, vacancies in
| ||
nomination shall be filled by the party's remaining candidates | ||
who shall
serve as the party's officers.
| ||
Powers
| ||
(i) Each committee and its officers shall have the powers | ||
usually
exercised by such committees and by the officers | ||
thereof, not
inconsistent with the provisions of this Article. | ||
The several committees
herein provided for shall not have | ||
power to delegate any of their
powers, or functions to any | ||
other person, officer or committee, but this
shall not be | ||
construed to prevent a committee from appointing from its
own | ||
membership proper and necessary subcommittees.
| ||
(j) The State central committee of a political party which | ||
elects its
members by Alternative B under paragraph (a) of | ||
this Section shall adopt a
plan to give effect to the delegate | ||
selection rules of the national political
party and file a | ||
copy of such plan with the State Board of Elections when
| ||
approved by a national political party.
|
(k) For the purpose of the designation of a proxy by a | ||
Congressional
Committee to vote in place of an
absent State | ||
central committeeperson committeeman or committeewoman at | ||
meetings of the
State central committee of a political party | ||
which elects its members by
Alternative B under paragraph (a) | ||
of this Section, the proxy shall be
appointed by the vote of | ||
the ward and township committeepersons, if any, of the
wards | ||
and townships which lie entirely or partially within the
| ||
Congressional District from which the absent State central | ||
committeeperson committeeman or
committeewoman was elected and | ||
the vote of the chairmen of the county
central committees of | ||
those counties which lie entirely or partially within
that | ||
Congressional District and in which there are no ward or | ||
township committeepersons. When voting for such proxy, the | ||
county chair, ward committeeperson
or township | ||
committeeperson, as the case may be, shall have one
vote for | ||
each ballot voted in his county, ward or township, or portion
| ||
thereof within the Congressional District, by the primary | ||
electors of his
party at the primary at which he was elected. | ||
However, the absent State
central committeeperson committeeman | ||
or committeewoman may designate a proxy when permitted
by the | ||
rules of a political party which elects its members by | ||
Alternative B
under paragraph (a) of this Section.
| ||
Notwithstanding any law to the contrary, a person is | ||
ineligible to hold the position of committeeperson in any | ||
committee established pursuant to this Section if he or she is |
statutorily ineligible to vote in a general election because | ||||||||
of conviction of a felony. When a committeeperson is convicted | ||||||||
of a felony, the position occupied by that committeeperson | ||||||||
shall automatically become vacant.
| ||||||||
(Source: P.A. 100-201, eff. 8-18-17; 100-1027, eff. 1-1-19 .)
| ||||||||
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| ||||||||
Sec. 7-10. Form of petition for nomination. The name of no | ||||||||
candidate for
nomination, or State central committeeperson, or | ||||||||
township committeeperson, or
precinct committeeperson, or ward | ||||||||
committeeperson or candidate for delegate or
alternate | ||||||||
delegate to national nominating conventions, shall be printed
| ||||||||
upon the primary ballot unless a petition for nomination has | ||||||||
been filed in
his behalf as provided in this Article in | ||||||||
substantially the following form:
| ||||||||
We, the undersigned, members of and affiliated with the | ||||||||
.... party
and qualified primary electors of the .... party, | ||||||||
in the .... of ....,
in the county of .... and State of | ||||||||
Illinois, do hereby petition that
the following named person | ||||||||
or persons shall be a candidate or candidates
of the .... party | ||||||||
for the nomination for (or in case of committeepersons for
| ||||||||
election to) the office or offices hereinafter specified, to | ||||||||
be voted
for at the primary election to be held on (insert | ||||||||
date).
| ||||||||
|
| ||||||||
Name.................. Address.......................
| ||||||||
State of Illinois)
| ||||||||
) ss.
| ||||||||
County of........)
| ||||||||
I, ...., do hereby certify
that I reside at No. .... | ||||||||
street, in the .... of ...., county of ....,
and State of | ||||||||
....., that I am 18 years of age or older, that
I am a citizen | ||||||||
of the United States, and that the signatures on this sheet
| ||||||||
were signed
in my presence, and are genuine, and that to the | ||||||||
best of my knowledge
and belief the persons so signing were at | ||||||||
the time of signing the
petitions qualified voters of the .... | ||||||||
party, and that their respective
residences are correctly | ||||||||
stated, as above set forth.
| ||||||||
.........................
| ||||||||
Subscribed and sworn to before me on (insert date).
| ||||||||
.........................
| ||||||||
Each sheet of the petition other than the statement of | ||||||||
candidacy and
candidate's statement shall be of uniform size | ||||||||
and shall contain above
the space for signatures an | ||||||||
appropriate heading giving the information
as to name of | ||||||||
candidate or candidates, in whose behalf such petition is
|
signed; the office, the political party represented and place | ||
of
residence; and the heading of each sheet shall be the same.
| ||
Such petition shall be signed by qualified primary | ||
electors residing
in the political division for which the | ||
nomination is sought in their
own proper persons only and | ||
opposite the signature of each signer, his
residence address | ||
shall be written or printed. The residence address
required to | ||
be written or printed opposite each qualified primary | ||
elector's
name shall include the street address or rural route | ||
number of the signer,
as the case may be, as well as the | ||
signer's county, and city, village or
town, and state.
However | ||
the county or city, village or town, and state of residence of
| ||
the electors may be printed on the petition forms where all of | ||
the
electors signing the petition reside in the same county or | ||
city, village
or town, and state. Standard abbreviations may | ||
be used in writing the
residence address, including street | ||
number, if any. At the bottom of
each sheet of such petition | ||
shall be added a circulator statement signed by
a person 18 | ||
years of age or older who is a citizen of the United States,
| ||
stating the street address or rural route number, as the case | ||
may be, as well
as the county, city, village or town, and | ||
state;
and certifying that the signatures on that sheet of the | ||
petition were signed in
his or her presence and certifying | ||
that the signatures are genuine; and
either (1) indicating the | ||
dates on which that sheet was circulated, or (2)
indicating | ||
the first and last dates on which the sheet was circulated, or |
(3)
certifying that none of the signatures on the sheet were | ||
signed more than 90
days preceding the last day for the filing | ||
of the petition and certifying that
to the best of his or her | ||
knowledge and belief the persons so signing were at
the time of | ||
signing the petitions qualified voters of the political party | ||
for
which a nomination is sought. Such statement shall be | ||
sworn to before some
officer authorized to administer oaths in | ||
this State.
| ||
Except as otherwise provided in this Code, no No petition | ||
sheet shall be circulated more than 90 days preceding the
last | ||
day provided in Section 7-12 for the filing of such petition.
| ||
The person circulating the petition, or the candidate on | ||
whose behalf the
petition is circulated, may strike any | ||
signature from the petition,
provided that:
| ||
(1) the person striking the signature shall initial | ||
the petition at
the place where the signature is struck; | ||
and
| ||
(2) the person striking the signature shall sign a | ||
certification
listing the page number and line number of | ||
each signature struck from
the petition. Such | ||
certification shall be filed as a part of the petition.
| ||
Such sheets before being filed shall be neatly fastened | ||
together in
book form, by placing the sheets in a pile and | ||
fastening them together
at one edge in a secure and suitable | ||
manner, and the sheets shall then
be numbered consecutively. | ||
The sheets shall not be fastened by pasting
them together end |
to end, so as to form a continuous strip or roll. All
petition | |||||||||||||||||
sheets which are filed with the proper local election | |||||||||||||||||
officials,
election authorities or the State Board of | |||||||||||||||||
Elections shall be the original
sheets which have been signed | |||||||||||||||||
by the voters and by the circulator thereof,
and not | |||||||||||||||||
photocopies or duplicates of such sheets. Each petition must | |||||||||||||||||
include
as a part thereof, a statement of candidacy for each of | |||||||||||||||||
the candidates filing,
or in whose behalf the petition is | |||||||||||||||||
filed. This statement shall set out the
address of such | |||||||||||||||||
candidate, the office for which he is a candidate, shall state
| |||||||||||||||||
that the candidate is a qualified primary voter of the party to | |||||||||||||||||
which the
petition relates and is qualified for the office | |||||||||||||||||
specified (in the case of a
candidate for State's Attorney it | |||||||||||||||||
shall state that the candidate is at the time
of filing such | |||||||||||||||||
statement a licensed attorney-at-law of this State), shall | |||||||||||||||||
state
that he has filed (or will file before the close of the | |||||||||||||||||
petition filing period)
a statement of economic interests as | |||||||||||||||||
required by the Illinois Governmental
Ethics Act, shall | |||||||||||||||||
request that the candidate's name be placed upon the official
| |||||||||||||||||
ballot, and shall be subscribed and sworn to by such candidate | |||||||||||||||||
before some
officer authorized to take acknowledgment of deeds | |||||||||||||||||
in the State and shall be in
substantially the following form:
| |||||||||||||||||
Statement of Candidacy
| |||||||||||||||||
|
| |||||||
State of Illinois)
| |||||||
) ss.
| |||||||
County of .......)
| |||||||
I, ...., being first duly sworn, say that I reside at .... | |||||||
Street in the city
(or village) of ...., in the county of ...., | |||||||
State of Illinois; that I
am a qualified voter therein and am a | |||||||
qualified primary voter of the ....
party; that I am a | |||||||
candidate for nomination (for election in the case of | |||||||
committeeperson
and delegates and alternate delegates) to the | |||||||
office of ....
to be voted upon at the primary election to be | |||||||
held on (insert date); that I am
legally qualified (including
| |||||||
being the holder of any license that may be an eligibility | |||||||
requirement
for the office I seek the nomination for) to hold | |||||||
such office and that I
have filed (or I will file before the | |||||||
close of the petition filing period)
a statement of economic | |||||||
interests as required by the Illinois
Governmental Ethics Act | |||||||
and I hereby request that my name be printed
upon the official | |||||||
primary ballot for nomination for (or election to in
the case | |||||||
of committeepersons and delegates and alternate delegates) | |||||||
such
office.
| |||||||
Signed ......................
| |||||||
Subscribed and sworn to (or affirmed) before me by ...., | |||||||
who is to me
personally known, on (insert date).
| |||||||
Signed ....................
|
(Official Character)
| ||
(Seal, if officer has one.)
| ||
The petitions, when filed, shall not be withdrawn or added | ||
to, and no
signatures shall be revoked except by revocation | ||
filed in writing with
the State Board of Elections, election | ||
authority or local election
official with whom the petition is | ||
required to be filed, and before the
filing of such petition. | ||
Whoever forges the name of a signer upon any
petition required | ||
by this Article is deemed guilty of a forgery and on
conviction | ||
thereof shall be punished accordingly.
| ||
A candidate for the offices listed in this Section must | ||
obtain the number
of signatures specified in this Section on | ||
his or her petition for nomination.
| ||
(a) Statewide office or delegate to a national nominating | ||
convention. Except as otherwise provided in this Code, if If a
| ||
candidate seeks to run for statewide office or as a delegate or | ||
alternate
delegate to a national nominating convention elected | ||
from the State at-large,
then the candidate's petition for | ||
nomination must contain at least 5,000 but
not more than | ||
10,000 signatures.
| ||
(b) Congressional office or congressional delegate to a | ||
national nominating
convention. Except as otherwise provided | ||
in this Code, if If a candidate seeks to run for United States | ||
Congress or as a
congressional delegate or alternate | ||
congressional delegate to a national
nominating convention |
elected from a congressional district, then the
candidate's | ||
petition for nomination must contain at least the number of
| ||
signatures equal to 0.5% of the qualified primary electors of | ||
his or her party
in his or her congressional district. In the | ||
first primary election following a
redistricting of | ||
congressional districts, a candidate's petition for nomination
| ||
must contain at least 600 signatures of qualified primary | ||
electors of the
candidate's political party in his or her | ||
congressional district.
| ||
(c) County office. Except as otherwise provided in this | ||
Code, if If a candidate seeks to run for any countywide office,
| ||
including but not limited to county board chairperson or | ||
county board
member, elected on an at-large basis, in a county | ||
other than Cook County,
then the candidate's petition for | ||
nomination must contain at least the number
of signatures | ||
equal to 0.5% of the qualified electors of his or her party who
| ||
cast votes at the last preceding general election in his or her | ||
county. If a
candidate
seeks to run for county board member | ||
elected from a county board district, then
the candidate's | ||
petition for nomination must contain at least the number of
| ||
signatures equal to 0.5% of the qualified primary electors of | ||
his or her party
in the
county board district. In the first | ||
primary election following a redistricting
of county board | ||
districts or the initial establishment of county board
| ||
districts, a candidate's petition for nomination must contain | ||
at least the
number of signatures equal to 0.5% of the |
qualified electors of his or her
party
in the entire county who | ||
cast votes at the last preceding general election
divided by | ||
the
total number of county board districts comprising the | ||
county board; provided
that
in no event shall the number of | ||
signatures be less than 25.
| ||
(d) County office; Cook County only.
| ||
(1) If a candidate seeks to run for countywide office | ||
in Cook County,
then the candidate's petition for | ||
nomination must contain at least the number
of signatures | ||
equal to 0.5% of the qualified electors of his or her party | ||
who
cast votes at the last preceding general election in | ||
Cook County.
| ||
(2) If a candidate seeks to run for Cook County Board | ||
Commissioner,
then the candidate's petition for nomination | ||
must contain at least the number
of signatures equal to | ||
0.5% of
the qualified primary electors of his or her party | ||
in his or her county board
district. In the first primary | ||
election following a redistricting of Cook
County Board of | ||
Commissioners districts, a candidate's petition for
| ||
nomination must contain at least the number of signatures | ||
equal to 0.5% of
the qualified electors of his or her party | ||
in the entire county who cast votes
at the last
preceding | ||
general election divided by the total number of county | ||
board
districts comprising the county board; provided that | ||
in no event shall the
number of signatures be less than 25.
| ||
(3) Except as otherwise provided in this Code, if If a |
candidate seeks to run for Cook County Board of Review
| ||
Commissioner, which is elected from a district pursuant to | ||
subsection (c)
of Section 5-5 of the Property Tax Code, | ||
then the candidate's petition for
nomination must contain | ||
at least the number of signatures equal to 0.5% of
the | ||
total number of registered voters in his or her board of
| ||
review district in the last general election at which a | ||
commissioner was
regularly scheduled to be elected from | ||
that board of review district. In no
event shall the | ||
number of signatures required be greater than the | ||
requisite
number for a candidate who seeks countywide | ||
office in Cook County
under subsection (d)(1) of this | ||
Section. In the first primary election
following a | ||
redistricting of Cook County Board of Review districts, a
| ||
candidate's petition for nomination must contain at least | ||
4,000 signatures
or at least the number of signatures | ||
required for a countywide candidate in
Cook County, | ||
whichever is less,
of the qualified electors of his or her | ||
party in the district.
| ||
(e) Municipal or township office. If a candidate seeks to | ||
run for municipal
or township office, then the candidate's | ||
petition for nomination must contain
at least the number of | ||
signatures equal to 0.5% of the qualified primary
electors of | ||
his or her party in the municipality or township. If a | ||
candidate
seeks to run for alderperson alderman of a | ||
municipality, then the candidate's petition for
nomination |
must contain at least the number of signatures equal to 0.5% of | ||
the
qualified primary electors of his or her party of the ward. | ||
In the first
primary election following redistricting of | ||
aldermanic wards or trustee
districts of a municipality or the | ||
initial establishment of wards or districts,
a candidate's | ||
petition for nomination must contain the number of signatures
| ||
equal to at least 0.5% of the total number of votes cast for | ||
the candidate of
that political party who received the highest | ||
number of votes in the entire
municipality at the last regular | ||
election at which an officer was regularly
scheduled to be | ||
elected from
the entire municipality, divided by the number of | ||
wards or districts. In no
event shall the number of signatures | ||
be less than 25.
| ||
(f) State central committeeperson. If a candidate seeks to | ||
run for State
central committeeperson, then the candidate's | ||
petition for nomination must
contain at least 100 signatures | ||
of the primary electors of his or her party of
his or
her | ||
congressional district.
| ||
(g) Sanitary district trustee. Except as otherwise | ||
provided in this Code, if If a candidate seeks to run for | ||
trustee of a
sanitary district in which trustees are not | ||
elected from wards, then the
candidate's petition for | ||
nomination must contain at least the number of
signatures | ||
equal to 0.5% of the primary electors of his or her party from | ||
the
sanitary district. If a candidate seeks to run for trustee
| ||
of a sanitary district in which trustees are elected from |
wards, then the
candidate's petition for
nomination must | ||
contain at least the number of signatures equal to 0.5% of the
| ||
primary electors of his or her party in the ward of that | ||
sanitary district. In
the
first primary election following | ||
redistricting of sanitary districts elected
from wards, a | ||
candidate's petition for nomination must contain at least the
| ||
signatures of 150 qualified primary electors of his or her | ||
ward of that
sanitary district.
| ||
(h) Judicial office. Except as otherwise provided in this | ||
Code, if If a candidate seeks to run for judicial office in a | ||
district, then the candidate's petition for nomination must | ||
contain the number of signatures equal to 0.4% of the number of | ||
votes cast in that district for the candidate for his or her | ||
political party for the office of Governor at the last general | ||
election at which a Governor was elected, but in no event less | ||
than 500 signatures. If a candidate seeks to run for judicial | ||
office in a
circuit or subcircuit, then the candidate's | ||
petition for nomination
must contain the number of signatures | ||
equal to 0.25% of the number of votes
cast for the judicial | ||
candidate of his or her political party who received the
| ||
highest number of votes
at the last general election at which a | ||
judicial
officer from the same circuit or subcircuit was | ||
regularly scheduled
to be elected, but in no event less than | ||
1,000 signatures in circuits and subcircuits located in the | ||
First Judicial District or 500 signatures in every other | ||
Judicial District.
|
(i) Precinct, ward, and township committeeperson. Except | ||
as otherwise provided in this Code, if If a candidate seeks to
| ||
run for precinct committeeperson, then the candidate's | ||
petition for nomination
must contain at least 10 signatures of | ||
the primary electors of his or her
party for the precinct. If a | ||
candidate seeks to run for ward committeeperson,
then the | ||
candidate's petition for nomination must contain no less than | ||
the
number of signatures equal to 10% of the primary electors | ||
of his or her party
of the ward, but no more than 16% of those | ||
same electors; provided that the
maximum number of signatures | ||
may be 50 more than the minimum number, whichever
is greater. | ||
If a candidate seeks to run for township committeeperson, then | ||
the
candidate's petition for nomination must contain no less | ||
than the number of
signatures equal to 5% of the primary | ||
electors of his or her party of the
township, but no more than | ||
8% of those same electors;
provided that the maximum number of | ||
signatures may be 50 more than the
minimum number, whichever | ||
is greater.
| ||
(j) State's attorney or regional superintendent of schools | ||
for multiple
counties. If
a candidate seeks to run for State's | ||
attorney or regional Superintendent of
Schools who serves more | ||
than one county, then the candidate's petition for
nomination | ||
must contain at least the number of signatures equal to 0.5% of | ||
the
primary electors of his or her party in the territory | ||
comprising the counties.
| ||
(k) Any other office. If a candidate seeks any other |
office, then the
candidate's petition for nomination must | ||
contain at least the number of
signatures equal to 0.5% of the | ||
registered voters of the political subdivision,
district, or | ||
division for which the nomination is made or 25 signatures,
| ||
whichever is greater.
| ||
For purposes of this Section the number of primary | ||
electors shall be
determined by taking the total vote cast, in | ||
the applicable district, for the
candidate for that political | ||
party who received the highest number of votes,
statewide, at | ||
the last general election in the State at which electors for
| ||
President of the United States were elected. For political | ||
subdivisions, the
number of primary electors shall be | ||
determined by taking the total vote
cast for the candidate for | ||
that political party who received the highest number
of votes | ||
in the political subdivision at the last regular election at | ||
which an
officer was regularly scheduled to be elected from | ||
that subdivision. For wards
or districts of political | ||
subdivisions, the number of primary electors shall be
| ||
determined by taking the total vote cast for the candidate for | ||
that political
party who received the highest number of votes | ||
in the ward or district at the
last regular election at which | ||
an officer was regularly scheduled to be elected
from that | ||
ward or district.
| ||
A "qualified primary elector" of a party may not
sign | ||
petitions for or be a candidate in the primary of more than
one | ||
party.
|
The changes made to this Section of this amendatory Act of | ||
the 93rd General
Assembly are declarative of existing law, | ||
except for item (3) of subsection
(d).
| ||
Petitions of candidates for nomination for offices herein | ||
specified,
to be filed with the same officer, may contain the | ||
names of 2 or more
candidates of the same political party for | ||
the same or different
offices. In the case of the offices of | ||
Governor and Lieutenant Governor, a joint petition including | ||
one candidate for each of those offices must be filed.
| ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
| ||
(10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
| ||
Sec. 7-10.2. In the designation of the name of a candidate | ||
on a petition for
nomination or certificate of nomination the | ||
candidate's given name or
names, initial or initials, a | ||
nickname by which the candidate is
commonly known, or a | ||
combination thereof, may be used in addition to the
| ||
candidate's surname. If a candidate has changed his or her | ||
name, whether by a statutory or common law procedure in | ||
Illinois or any other jurisdiction, within 3 years before the | ||
last day for filing the petition or certificate for that | ||
office, whichever is applicable, then (i) the candidate's name | ||
on the petition or certificate must be followed by "formerly | ||
known as (list all prior names during the 3-year period) until | ||
name changed on (list date of each such name change)" and (ii) | ||
the petition or certificate must be accompanied by the |
candidate's affidavit stating the candidate's previous names | ||
during the period specified in (i) and the date or dates each | ||
of those names was changed; failure to meet these requirements | ||
shall be grounds for denying certification of the candidate's | ||
name for the ballot or removing the candidate's name from the | ||
ballot, as appropriate, but these requirements do not apply to | ||
name changes resulting from adoption to assume an adoptive | ||
parent's or parents' surname, marriage or civil union to | ||
assume a spouse's surname, or dissolution of marriage or civil | ||
union or declaration of invalidity of marriage or civil union | ||
to assume a former surname or a name change that conforms the | ||
candidate's name to his or her gender identity . No other | ||
designation such as a political slogan, as
defined by Section | ||
7-17, title or degree, or
nickname suggesting or implying | ||
possession of a title, degree or professional
status, or | ||
similar information may be used in connection with the | ||
candidate's
surname.
| ||
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| ||
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| ||
Sec. 7-12. All petitions for nomination shall be filed by | ||
mail or
in person as follows: | ||
(1) Except as otherwise provided in this Code, where | ||
Where the nomination is to be made for a State, | ||
congressional, or
judicial office, or for any office a | ||
nomination for which is made for a
territorial division or |
district which comprises more than one county or
is partly | ||
in one county and partly in another county or counties | ||
(including the Fox Metro Water Reclamation District), | ||
then,
except as otherwise provided in this Section, such | ||
petition for nomination
shall be filed in the principal | ||
office of the State Board of Elections not
more than 113 | ||
and not less than 106 days prior to the date of the | ||
primary,
but, in the case of petitions for nomination to | ||
fill a vacancy by special
election in the office of | ||
representative in Congress from this State, such
petition | ||
for nomination shall be filed in the principal office of | ||
the State
Board of Elections not more than 85 days and not | ||
less than 82 days prior to
the date of the primary.
| ||
Where a vacancy occurs in the office of Supreme, | ||
Appellate or Circuit
Court Judge within the 3-week period | ||
preceding the 106th day before a
general primary election, | ||
petitions for nomination for the office in which
the | ||
vacancy has occurred shall be filed in the principal | ||
office of the
State Board of Elections not more than 92 nor | ||
less than 85 days prior to
the date of the general primary | ||
election.
| ||
Where the nomination is to be made for delegates or | ||
alternate
delegates to a national nominating convention, | ||
then such petition for
nomination shall be filed in the | ||
principal office of the State Board of
Elections not more | ||
than 113 and not less than 106 days prior to the date of
|
the primary; provided, however, that if the rules or | ||
policies of a national
political party conflict with such | ||
requirements for filing petitions for
nomination for | ||
delegates or alternate delegates to a national nominating
| ||
convention, the chair of the State central committee of | ||
such national
political party shall notify the Board in | ||
writing, citing by reference the
rules or policies of the | ||
national political party in conflict, and in such
case the | ||
Board shall direct such petitions to be filed in | ||
accordance with the delegate selection plan adopted by the | ||
state central committee of such national political party.
| ||
(2) Where the nomination is to be made for a county | ||
office or trustee
of a sanitary district then such | ||
petition shall be filed in the office
of the county clerk | ||
not more than 113 nor less than 106 days prior to the
date | ||
of the primary.
| ||
(3) Where the nomination is to be made for a municipal | ||
or township
office, such petitions for nomination shall be | ||
filed in the office of
the local election official, not | ||
more than 99 nor less than 92 days
prior to the date of the | ||
primary; provided, where a municipality's or
township's | ||
boundaries are coextensive with or are entirely within the
| ||
jurisdiction of a municipal board of election | ||
commissioners, the petitions
shall be filed in the office | ||
of such board; and provided, that petitions
for the office | ||
of multi-township assessor shall be filed with the |
election
authority.
| ||
(4) The petitions of candidates for State central | ||
committeeperson shall
be filed in the principal office of | ||
the State Board of Elections not
more than 113 nor less | ||
than 106 days prior to the date of the primary.
| ||
(5) Petitions of candidates for precinct, township or | ||
ward committeepersons
shall be filed in the office of the | ||
county clerk not more
than 113 nor less than 106 days prior | ||
to the date of the primary.
| ||
(6) The State Board of Elections and the various | ||
election authorities
and local election officials with | ||
whom such petitions for nominations
are filed shall | ||
specify the place where filings shall be made and upon
| ||
receipt shall endorse thereon the day and hour on which | ||
each petition
was filed. All petitions filed by persons | ||
waiting in line as of 8:00
a.m. on the first day for | ||
filing, or as of the normal opening hour of
the office | ||
involved on such day, shall be deemed filed as of 8:00 a.m.
| ||
or the normal opening hour, as the case may be. Petitions | ||
filed by mail
and received after midnight of the first day | ||
for filing and in the first
mail delivery or pickup of that | ||
day shall be deemed as filed as of 8:00
a.m. of that day or | ||
as of the normal opening hour of such day, as the
case may | ||
be. All petitions received thereafter shall be deemed as | ||
filed
in the order of actual receipt. However, 2 or more | ||
petitions filed within the last hour of the filing |
deadline shall be deemed filed simultaneously. Where 2 or | ||
more petitions are received
simultaneously, the State | ||
Board of Elections or the various election
authorities or | ||
local election officials with whom such petitions are
| ||
filed shall break ties and determine the order of filing, | ||
by means of a
lottery or other fair and impartial method of | ||
random selection approved
by the State Board of Elections. | ||
Such lottery shall be conducted within
9 days following | ||
the last day for petition filing and shall be open to the
| ||
public. Seven days written notice of the time and place of | ||
conducting such
random selection shall be given by the | ||
State Board of Elections to the chair
of the State central | ||
committee of each established political
party, and by each | ||
election authority or local election official, to the
| ||
County Chair of each established political party, and to | ||
each
organization of citizens within the election | ||
jurisdiction which was
entitled, under this Article, at | ||
the next preceding election, to have
pollwatchers present | ||
on the day of election. The State Board of Elections,
| ||
election authority or local election official shall post | ||
in a conspicuous,
open and public place, at the entrance | ||
of the office, notice of the time
and place of such | ||
lottery. The State Board of Elections shall adopt rules
| ||
and regulations governing the procedures for the conduct | ||
of such lottery.
All candidates shall be certified in the | ||
order in which their petitions
have been filed. Where |
candidates have filed simultaneously, they shall be
| ||
certified in the order determined by lot and prior to | ||
candidates who filed
for the same office at a later time.
| ||
(7) The State Board of Elections or the appropriate | ||
election
authority or local election official with whom | ||
such a petition for
nomination is filed shall notify the | ||
person for whom a petition for
nomination has been filed | ||
of the obligation to file statements of
organization, | ||
reports of campaign contributions, and annual reports of
| ||
campaign contributions and expenditures under Article 9 of | ||
this Act.
Such notice shall be given in the manner | ||
prescribed by paragraph (7) of
Section 9-16 of this Code.
| ||
(8) Nomination papers filed under this Section are not | ||
valid if the
candidate named therein fails to file a | ||
statement of economic interests
as required by the | ||
Illinois Governmental Ethics Act in relation to his
| ||
candidacy with the appropriate officer by the end of the | ||
period for the
filing of nomination papers unless he has | ||
filed a statement of economic
interests in relation to the | ||
same governmental unit with that officer
within a year | ||
preceding the date on which such nomination papers were
| ||
filed. If the nomination papers of any candidate and the | ||
statement of
economic interest of that candidate are not | ||
required to be filed with
the same officer, the candidate | ||
must file with the officer with whom the
nomination papers | ||
are filed a receipt from the officer with whom the
|
statement of economic interests is filed showing the date | ||
on which such
statement was filed. Such receipt shall be | ||
so filed not later than the
last day on which nomination | ||
papers may be filed.
| ||
(9) Except as otherwise provided in this Code, any Any | ||
person for whom a petition for nomination, or for | ||
committeeperson or
for delegate or alternate delegate to a | ||
national nominating convention has
been filed may cause | ||
his name to be withdrawn by request in writing, signed
by | ||
him and duly acknowledged before an officer qualified to | ||
take
acknowledgments of deeds, and filed in the principal | ||
or permanent branch
office of the State Board of Elections | ||
or with the appropriate election
authority or local | ||
election official, not later than the date of
| ||
certification of candidates for the consolidated primary | ||
or general primary
ballot. No names so withdrawn shall be | ||
certified or printed on the
primary ballot. If petitions | ||
for nomination have been filed for the
same person with | ||
respect to more than one political party, his name
shall | ||
not be certified nor printed on the primary ballot of any | ||
party.
If petitions for nomination have been filed for the | ||
same person for 2 or
more offices which are incompatible | ||
so that the same person could not
serve in more than one of | ||
such offices if elected, that person must
withdraw as a | ||
candidate for all but one of such offices within the
5 | ||
business days following the last day for petition filing. |
A candidate in a judicial election may file petitions for | ||
nomination for only one vacancy in a subcircuit and only | ||
one vacancy in a circuit in any one filing period, and if | ||
petitions for nomination have been filed for the same | ||
person for 2 or more vacancies in the same circuit or | ||
subcircuit in the same filing period, his or her name | ||
shall be certified only for the first vacancy for which | ||
the petitions for nomination were filed. If he fails to
| ||
withdraw as a candidate for all but one of such offices | ||
within such time
his name shall not be certified, nor | ||
printed on the primary ballot, for any
office. For the | ||
purpose of the foregoing provisions, an office in a
| ||
political party is not incompatible with any other office.
| ||
(10)(a) Notwithstanding the provisions of any other | ||
statute, no primary
shall be held for an established | ||
political party in any township,
municipality, or ward | ||
thereof, where the nomination of such
party for every | ||
office to be voted upon by the electors of such
township, | ||
municipality, or ward thereof, is uncontested. Whenever a
| ||
political party's nomination of candidates is uncontested | ||
as to one or
more, but not all, of the offices to be voted | ||
upon by the electors of a
township, municipality, or ward | ||
thereof, then a primary shall
be held for that party in | ||
such township, municipality, or ward thereof;
provided | ||
that the primary ballot shall not include those offices
| ||
within such township, municipality, or ward thereof, for |
which the
nomination is uncontested. For purposes of this | ||
Article, the nomination
of an established political party | ||
of a candidate for election to an office
shall be deemed to | ||
be uncontested where not more than the number of persons
| ||
to be nominated have timely filed valid nomination papers | ||
seeking the
nomination of such party for election to such | ||
office.
| ||
(b) Notwithstanding the provisions of any other | ||
statute, no primary
election shall be held for an | ||
established political party for any special
primary | ||
election called for the purpose of filling a vacancy in | ||
the office
of representative in the United States Congress | ||
where the nomination of
such political party for said | ||
office is uncontested. For the purposes of
this Article, | ||
the nomination of an established political party of a
| ||
candidate for election to said office shall be deemed to | ||
be uncontested
where not more than the number of persons | ||
to be nominated have timely filed
valid nomination papers | ||
seeking the nomination of such established party
for | ||
election to said office. This subsection (b) shall not | ||
apply if such
primary election is conducted on a regularly | ||
scheduled election day.
| ||
(c) Notwithstanding the provisions in subparagraph (a) | ||
and (b) of this
paragraph (10), whenever a person who has | ||
not timely filed valid nomination
papers and who intends | ||
to become a write-in candidate for a political
party's |
nomination for any office for which the nomination is | ||
uncontested
files a written statement or notice of that | ||
intent with the State Board of
Elections or the local | ||
election official with whom nomination papers for
such | ||
office are filed, a primary ballot shall be prepared and a | ||
primary
shall be held for that office. Such statement or | ||
notice shall be filed on
or before the date established in | ||
this Article for certifying candidates
for the primary | ||
ballot. Such statement or notice shall contain (i) the
| ||
name and address of the person intending to become a | ||
write-in candidate,
(ii) a statement that the person is a | ||
qualified primary elector of the
political party from whom | ||
the nomination is sought, (iii) a statement that
the | ||
person intends to become a write-in candidate for the | ||
party's
nomination, and (iv) the office the person is | ||
seeking as a write-in
candidate. An election authority | ||
shall have no duty to conduct a primary
and prepare a | ||
primary ballot for any office for which the nomination is
| ||
uncontested unless a statement or notice meeting the | ||
requirements of this
Section is filed in a timely manner.
| ||
(11) If multiple sets of nomination papers are filed | ||
for a candidate to
the same office, the State Board of | ||
Elections, appropriate election
authority or local | ||
election official where the petitions are filed shall
| ||
within 2 business days notify the candidate of his or her | ||
multiple petition
filings and that the candidate has 3 |
business days after receipt of the
notice to notify the | ||
State Board of Elections, appropriate election
authority | ||
or local election official that he or she may cancel prior | ||
sets
of petitions. If the candidate notifies the State | ||
Board of Elections,
appropriate election authority or | ||
local election official, the last set of
petitions filed | ||
shall be the only petitions to be considered valid by the
| ||
State Board of Elections, election authority or local | ||
election official. If
the candidate fails to notify the | ||
State Board of Elections, election authority
or local
| ||
election official then only the first set of petitions | ||
filed shall be valid
and all subsequent petitions shall be | ||
void.
| ||
(12) All nominating petitions shall be available for | ||
public inspection
and shall be preserved for a period of | ||
not less than 6 months.
| ||
(Source: P.A. 100-1027, eff. 1-1-19; 101-523, eff. 8-23-19.)
| ||
(10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
| ||
Sec. 7-13.
The board of election commissioners in cities | ||
of 500,000 or more
population having such board, shall | ||
constitute an electoral board for the
hearing and passing upon | ||
objections to nomination petitions for ward committeepersons.
| ||
Except as otherwise provided in this Code, such Such | ||
objections shall be filed in the office of the county clerk | ||
within 5 business days after the last day for filing |
nomination papers. The objection shall state the name
and | ||
address of the objector, who may be any qualified elector in | ||
the ward,
the specific grounds of objection and the relief | ||
requested of the electoral
board. Upon the receipt of the | ||
objection, the county clerk shall forthwith
transmit such | ||
objection and the petition of the candidate to the board of
| ||
election commissioners. The board of election commissioners | ||
shall forthwith
notify the objector and candidate objected to | ||
of the time and place for
hearing hereon. After a hearing upon | ||
the validity of such objections, the
board shall
certify to | ||
the county clerk its decision stating whether or not the name
| ||
of the candidate shall be printed on the ballot and the county | ||
clerk in his
or her certificate to the board of election | ||
commissioners shall leave off
of the certificate the name of | ||
the candidate for ward committeeperson that the
election | ||
commissioners order not to be printed on the ballot. However, | ||
the
decision of the board of election commissioners is subject | ||
to judicial
review as provided in Section 10-10.1.
| ||
The county electoral board composed as provided in Section | ||
10-9 shall
constitute an electoral board for the hearing and | ||
passing upon objections
to nomination petitions for precinct | ||
and township committeepersons. Such
objections shall be filed | ||
in the office of the county clerk within 5 business days after | ||
the last day for filing nomination papers. The objection shall | ||
state the name and
address of the objector who may be any | ||
qualified elector in the precinct or
in the township or part of |
a township that lies outside of a city having a
population of | ||
500,000 or more, the specific grounds of objection and the
| ||
relief requested of the electoral board. Upon the receipt of | ||
the objection
the county clerk shall forthwith transmit such | ||
objection and the petition
of the candidate to the chair of the | ||
county electoral board. The chair
of the county electoral | ||
board shall forthwith notify the objector,
the candidate whose | ||
petition is objected to and the other members of the
electoral | ||
board of the time and place for hearing thereon. After hearing
| ||
upon the validity of such objections the board shall certify | ||
its decision to the county clerk
stating whether or not the | ||
name of the candidate shall be printed on the
ballot, and the | ||
county clerk, in his or her certificate to the board of
| ||
election commissioners, shall leave off of the certificate the | ||
name of the
candidate ordered by the board not to be printed on | ||
the ballot, and the
county clerk shall also refrain from | ||
printing on the official primary
ballot, the name of any | ||
candidate whose name has been ordered by the
electoral board | ||
not to be printed on the ballot. However, the decision of
the | ||
board is subject to judicial review as provided in Section | ||
10-10.1.
| ||
In such proceedings the electoral boards have the same | ||
powers as other
electoral boards under the provisions of | ||
Section 10-10 of this Act and
their decisions are subject to | ||
judicial review under Section 10-10.1.
| ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
|
(10 ILCS 5/7-14) (from Ch. 46, par. 7-14)
| ||
Sec. 7-14.
Except as otherwise provided in this Code, not | ||
Not less than 68 days before the date of the general primary | ||
the
State Board of Elections shall meet and shall examine all | ||
petitions
filed under this Article 7, in the office of the | ||
State Board of
Elections. The State Board of Elections shall | ||
then certify to the county
clerk of each county, the names of | ||
all candidates whose nomination papers
or certificates of | ||
nomination have been filed with the Board and direct the
| ||
county clerk to place upon the official ballot for the general | ||
primary
election the names of such candidates in the same | ||
manner and in the same
order as shown upon the certification.
| ||
The State Board of Elections shall, in its certificate to | ||
the county
clerk, certify the names of the offices, and the | ||
names of the candidates
in the order in which the offices and | ||
names
shall appear upon the primary ballot;
such names
to | ||
appear
in the order in which petitions have been filed in the | ||
office of the
State Board of Elections except as otherwise | ||
provided in this Article.
| ||
Not less than 62 days before the date of the general | ||
primary, each
county clerk shall certify the names of all | ||
candidates whose nomination
papers have been filed with such | ||
clerk and declare that the names of such
candidates for the | ||
respective offices shall be placed upon the official
ballot | ||
for the general primary in the order in which such nomination |
papers
were filed with the clerk, or as determined by lot, or | ||
as otherwise
specified by statute. Each county clerk shall | ||
place a copy of the
certification on file in his or her office | ||
and at the same time issue to
the board of election | ||
commissioners a copy of the certification that has been
filed | ||
in the county clerk's office, together with a copy of the
| ||
certification that has been issued to the clerk by the State | ||
Board of
Elections, with directions to the board of election | ||
commissioners to place
upon the official ballot for the | ||
general primary in that election
jurisdiction the names of all | ||
candidates that are listed on such
certification in the same | ||
manner and in the same order as shown upon such
| ||
certifications.
| ||
The certification shall indicate, where applicable, the | ||
following:
| ||
(1) The political party affiliation of the candidates | ||
for the respective offices;
| ||
(2) If there is to be more than one candidate elected | ||
or nominated to an
office from the State, political | ||
subdivision or district;
| ||
(3) If the voter has the right to vote for more than | ||
one candidate for an office;
| ||
(4) The term of office, if a vacancy is to be filled | ||
for less than a
full term or if the offices to be filled in | ||
a political subdivision or
district are for different | ||
terms.
|
The State Board of Elections or the county clerk, as the | ||
case may be,
shall issue an amended certification whenever it | ||
is discovered that the
original certification is in error.
| ||
Subject to appeal, the names of candidates whose | ||
nomination papers have
been held invalid by the appropriate | ||
electoral board provided in Section
10-9 of this Code shall | ||
not be certified.
| ||
(Source: P.A. 96-1008, eff. 7-6-10.)
| ||
(10 ILCS 5/7-16) (from Ch. 46, par. 7-16)
| ||
Sec. 7-16.
Each election authority in each county
shall | ||
prepare and cause to be printed the primary ballot of each
| ||
political party for each precinct in his respective | ||
jurisdiction.
| ||
Except as otherwise provided in this Code, the The | ||
election authority shall, at least 45 days prior to the date of | ||
the primary
election, have a sufficient number of ballots | ||
printed so that such
ballots will be available for mailing 45 | ||
days prior to the
primary election to persons who have filed | ||
application for a ballot
under the provisions of Article 20 of | ||
this Act.
| ||
(Source: P.A. 80-1469.)
| ||
(10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
| ||
Sec. 7-17. Candidate ballot name procedures.
| ||
(a) Each election authority in each county shall cause to |
be
printed upon the general primary ballot of each party for | ||
each precinct
in his jurisdiction the name of each candidate | ||
whose petition for
nomination or for committeeperson has been | ||
filed in the office of the
county clerk, as herein provided; | ||
and also the name of each candidate
whose name has been | ||
certified to his office by the State Board of
Elections, and in | ||
the order so certified, except as hereinafter
provided.
| ||
It shall be the duty of the election authority to cause to | ||
be printed
upon the consolidated primary ballot of each | ||
political party for each
precinct in his jurisdiction the name | ||
of each candidate whose name has
been certified to him, as | ||
herein provided and which is to be voted for
in such precinct.
| ||
(b) In the designation of the name of a candidate on the | ||
primary ballot
the candidate's given name or names, initial or | ||
initials, a nickname by
which the candidate is commonly known, | ||
or a combination thereof, may be
used in addition to the | ||
candidate's surname. If a candidate has changed his or her | ||
name, whether by a statutory or common law procedure in | ||
Illinois or any other jurisdiction, within 3 years before the | ||
last day for filing the petition for nomination, nomination | ||
papers, or certificate of nomination for that office, | ||
whichever is applicable, then (i) the candidate's name on the | ||
primary ballot must be followed by "formerly known as (list | ||
all prior names during the 3-year period) until name changed | ||
on (list date of each such name change)" and (ii) the petition, | ||
papers, or certificate must be accompanied by the candidate's |
affidavit stating the candidate's previous names during the | ||
period specified in (i) and the date or dates each of those | ||
names was changed; failure to meet these requirements shall be | ||
grounds for denying certification of the candidate's name for | ||
the ballot or removing the candidate's name from the ballot, | ||
as appropriate, but these requirements do not apply to name | ||
changes resulting from adoption to assume an adoptive parent's | ||
or parents' surname, marriage or civil union to assume a | ||
spouse's surname, or dissolution of marriage or civil union or | ||
declaration of invalidity of marriage or civil union to assume | ||
a former surname or a name change that conforms the | ||
candidate's name to his or her gender identity . No other | ||
designation such
as a political slogan, title, or degree, or | ||
nickname suggesting or
implying possession of
a title, degree | ||
or professional status, or similar information may be
used in | ||
connection
with the candidate's surname.
For purposes of this | ||
Section, a "political slogan" is defined as any
word
or words | ||
expressing or connoting a position, opinion, or belief that | ||
the
candidate may espouse, including but not limited to, any | ||
word or words
conveying any meaning other than that of the | ||
personal identity of the
candidate. A
candidate may not use a | ||
political slogan as part of his or her name on the
ballot, | ||
notwithstanding that the political slogan may be part of the
| ||
candidate's name.
| ||
(c) The State Board of Elections, a local election | ||
official, or an election
authority shall remove any |
candidate's name designation from a ballot that is
| ||
inconsistent with subsection (b) of this Section. In addition, | ||
the State Board
of Elections, a local election official, or an | ||
election authority shall not
certify to any election authority | ||
any candidate name designation that is
inconsistent with | ||
subsection (b) of this Section.
| ||
(d) If the State Board of Elections, a local election | ||
official, or an
election authority removes a candidate's name | ||
designation from a ballot
under subsection (c) of this | ||
Section, then the aggrieved candidate may
seek appropriate | ||
relief in circuit court.
| ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
| ||
(10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
| ||
Sec. 7-43. Every person having resided in this State 6 | ||
months and
in the precinct 30 days next preceding any primary | ||
therein who shall be
a citizen of the United States of the age | ||
of 18 or more
years shall be
entitled to vote at such primary.
| ||
The following regulations shall be applicable to | ||
primaries:
| ||
No person shall be entitled to vote at a primary:
| ||
(a) Unless he declares his party affiliations as | ||
required by this
Article.
| ||
(b) (Blank).
| ||
(c) (Blank).
| ||
(c.5) If that person has participated in the town |
political party caucus,
under Section 45-50 of the | ||
Township Code, of another political party by
signing | ||
an affidavit of voters attending the caucus within 45 | ||
days before the
first day of the calendar month in | ||
which the primary is held.
| ||
(d) (Blank).
| ||
In cities, villages and incorporated towns having a | ||
board of
election commissioners only voters registered as | ||
provided by Article 6
of this Act shall be entitled to vote | ||
at such primary.
| ||
No person shall be entitled to vote at a primary | ||
unless he is
registered under the provisions of Articles | ||
4, 5 or 6 of this Act, when
his registration is required by | ||
any of said Articles to entitle him to
vote at the election | ||
with reference to which the primary is held.
| ||
A person (i) who filed a statement of candidacy for a | ||
partisan office as a qualified primary voter of an established | ||
political party or (ii) who voted the ballot of an established | ||
political party at a general primary election may not file a | ||
statement of candidacy as a candidate of a different | ||
established political party , a new political party, or as an | ||
independent candidate for a partisan office to be filled at | ||
the general election immediately following the general primary | ||
for which the person filed the statement or voted the ballot. A | ||
person may file a statement of candidacy for a partisan office | ||
as a qualified primary voter of an established political party |
regardless of any prior filing of candidacy for a partisan | ||
office or voting the ballot of an established political party | ||
at any prior election. | ||
(Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)
| ||
(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
| ||
Sec. 7-59. (a) The person receiving the highest number of | ||
votes at a
primary as a candidate of a party for the nomination | ||
for an office shall
be the candidate of that party for such | ||
office, and his name as such
candidate shall be placed on the | ||
official ballot at the election then
next ensuing; provided, | ||
that where there are two or more persons to be
nominated for | ||
the same office or board, the requisite number of persons
| ||
receiving the highest number of votes shall be nominated and | ||
their names
shall be placed on the official ballot at the | ||
following election.
| ||
Except as otherwise provided by Section 7-8 of this Act, | ||
the
person receiving the highest number of votes of his party | ||
for
State central committeeperson of his congressional | ||
district shall be
declared elected State central | ||
committeeperson from said congressional
district.
| ||
Unless a national political party specifies that delegates | ||
and
alternate delegates to a National nominating convention be | ||
allocated by
proportional selection representation according | ||
to the results of a
Presidential preference primary, the | ||
requisite number of persons
receiving the highest number of |
votes of their party for delegates and
alternate delegates to | ||
National nominating conventions from the State at
large, and | ||
the requisite number of persons receiving the highest number | ||
of
votes of their party for delegates and alternate delegates | ||
to National
nominating conventions in their respective | ||
congressional districts shall be
declared elected delegates | ||
and alternate delegates to the National
nominating conventions | ||
of their party.
| ||
A political party which elects the members to its State | ||
Central Committee
by Alternative B under paragraph (a) of | ||
Section 7-8 shall select its
congressional district delegates | ||
and alternate delegates to its national
nominating convention | ||
by proportional selection representation according to
the | ||
results of a Presidential preference primary in each | ||
congressional
district in the manner provided by the rules of | ||
the national political
party and the State Central Committee, | ||
when the rules and policies of the
national political party so | ||
require.
| ||
A political party which elects the members to its State | ||
Central Committee
by Alternative B under paragraph (a) of | ||
Section 7-8 shall select its
at large delegates and alternate | ||
delegates to its national
nominating convention by | ||
proportional selection representation according to
the results | ||
of a Presidential preference primary in the whole State in the
| ||
manner provided by the rules of the national political party | ||
and the State
Central Committee, when the rules and policies |
of the national political
party so require.
| ||
The person receiving the highest number of votes of his | ||
party for
precinct committeeperson of his precinct shall be | ||
declared elected precinct committeeperson
from said precinct.
| ||
The person receiving the highest number of votes of his | ||
party for
township committeeperson of his township or part of | ||
a township as the case
may be, shall be declared elected | ||
township committeeperson from said
township or part of a | ||
township as the case may be. In cities where ward | ||
committeepersons
are elected, the person receiving the highest | ||
number of
votes of his party for ward committeeperson of his | ||
ward shall be declared
elected ward committeeperson from said | ||
ward.
| ||
When two or more persons receive an equal and the highest | ||
number of
votes for the nomination for the same office or for | ||
committeeperson of the
same political party, or where more | ||
than one person of the same
political party is to be nominated | ||
as a candidate for office or committeeperson, if it appears | ||
that more than the number of persons to be
nominated for an | ||
office or elected committeeperson have the highest and an
| ||
equal number of votes for the nomination for the same office or | ||
for
election as committeeperson, the election authority by | ||
which the returns of the primary
are canvassed shall decide by | ||
lot which of said persons shall be
nominated or elected, as the | ||
case may be. In such case the election authority shall issue | ||
notice in writing to such persons of such tie vote
stating |
therein the place, the day (which shall not be more than 5 days | ||
thereafter) and the hour when such nomination or election | ||
shall
be so determined.
| ||
(b) Except as otherwise provided in this Code, write-in | ||
Write-in votes shall be counted only for persons who have | ||
filed
notarized declarations of intent to be write-in | ||
candidates with the proper
election authority or authorities | ||
not later than 61 days prior to
the primary. However, whenever | ||
an objection to a candidate's nominating papers or petitions | ||
for any office is sustained under Section 10-10 after the 61st | ||
day before the election, then write-in votes shall be counted | ||
for that candidate if he or she has filed a notarized | ||
declaration of intent to be a write-in candidate for that | ||
office with the proper election authority or authorities not | ||
later than 7 days prior to the election.
| ||
Forms for the declaration of intent to be a write-in | ||
candidate shall be
supplied by the election authorities. Such | ||
declaration shall specify the
office for which the person | ||
seeks nomination or election as a write-in
candidate.
| ||
The election authority or authorities shall deliver a list | ||
of all persons
who have filed such declarations to the | ||
election judges in the appropriate
precincts prior to the | ||
primary.
| ||
(c) (1) Notwithstanding any other provisions of this | ||
Section, where
the number of candidates whose names have been | ||
printed on a party's
ballot for nomination for or election to |
an office at a primary is less
than the number of persons the | ||
party is entitled to nominate for or elect
to the office at the | ||
primary, a person whose name was not printed on the
party's | ||
primary ballot as a candidate for nomination for or election | ||
to the
office, is not nominated for or elected to that office | ||
as a result of a
write-in vote at the primary unless the number | ||
of votes he received equals
or exceeds the number of | ||
signatures required on a petition for nomination
for that | ||
office; or unless the number of votes he receives exceeds the
| ||
number of votes received by at least one of the candidates | ||
whose names were
printed on the primary ballot for nomination | ||
for or election to the same
office.
| ||
(2) Paragraph (1) of this subsection does not apply where | ||
the number
of candidates whose names have been printed on the | ||
party's ballot for
nomination for or election to the office at | ||
the primary equals or exceeds
the number of persons the party | ||
is entitled to nominate for or elect to the
office at the | ||
primary.
| ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
| ||
(10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| ||
Sec. 7-60. Not less than 74 days before the date of the | ||
general
election, the State Board of Elections shall certify | ||
to the county clerks
the names of each of the candidates who | ||
have been nominated as shown by the
proclamation of the State | ||
Board of Elections as a canvassing board or who
have been |
nominated to fill a vacancy in nomination and direct the | ||
election
authority to place upon the official ballot for the | ||
general election the
names of such candidates in the same | ||
manner and in the same order as shown
upon the certification, | ||
except as otherwise provided in this Code Section .
| ||
Except as otherwise provided in this Code, not Not less | ||
than 68 days before the date of the general election, each
| ||
county clerk shall certify the names of each of the candidates | ||
for county
offices who have been nominated as shown by the | ||
proclamation of the county
election authority or who have been | ||
nominated to fill a vacancy in nomination
and declare that the | ||
names of such candidates for the respective offices
shall be | ||
placed upon the official ballot for the general election in | ||
the
same manner and in the same order as shown upon the | ||
certification, except
as otherwise provided by this Section. | ||
Each county clerk shall place a
copy of the certification on | ||
file in his or her office and at the same
time issue to the | ||
State Board of Elections a copy of such certification.
In | ||
addition, each county clerk in whose county there is a board of | ||
election
commissioners shall, not less than 68 days before the | ||
date of the general
election, issue to such board a copy of the | ||
certification that has been
filed in the county clerk's | ||
office, together with a copy of the
certification that has | ||
been issued to the clerk by the State Board of
Elections, with | ||
directions to the board of election commissioners to place
| ||
upon the official ballot for the general election in that |
election
jurisdiction the names of all candidates that are | ||
listed on such
certifications, in the same manner and in the | ||
same order as shown upon such
certifications, except as | ||
otherwise provided in this Section.
| ||
Whenever there are two or more persons nominated by the | ||
same political
party for multiple offices for any board, the | ||
name of the candidate of such
party receiving the highest | ||
number of votes in the primary election as a
candidate for such | ||
office, as shown by the official election returns of the
| ||
primary, shall be certified first under the name of such | ||
offices, and the
names of the remaining candidates of such | ||
party for such offices shall
follow in the order of the number | ||
of votes received by them respectively at
the primary election | ||
as shown by the official election results.
| ||
No person who is shown by the final
proclamation to have
| ||
been nominated or elected at the primary as a write-in | ||
candidate shall have his or her
name certified unless such | ||
person shall have filed with the certifying
office or board | ||
within 10 days after the election authority's proclamation
a | ||
statement of candidacy pursuant to Section 7-10, a statement | ||
pursuant
to Section 7-10.1, and a receipt for the filing of a | ||
statement of economic interests in relation to the unit of | ||
government to which he or she has been elected or nominated.
| ||
Each county clerk and board of election commissioners | ||
shall determine
by a fair and impartial method of random | ||
selection the order of placement
of established political |
party candidates for the general election ballot.
Such | ||
determination shall be made within 30 days following the | ||
canvass and proclamation
of the results of the general primary
| ||
in the office of the county clerk or board of election | ||
commissioners and
shall be open to the public. Seven days | ||
written notice of the time and place
of conducting such random | ||
selection shall be given, by each such election
authority, to | ||
the County Chair of each established political party, and
to | ||
each organization of citizens within the election jurisdiction | ||
which
was entitled, under this Article, at the next preceding | ||
election, to have
pollwatchers present on the day of election. | ||
Each election authority shall
post in a conspicuous, open and | ||
public place, at the entrance of the election
authority | ||
office, notice of the time and place of such lottery. However,
| ||
a board of election commissioners may elect to place | ||
established political
party candidates on the general election | ||
ballot in the same order determined
by the county clerk of the | ||
county in which the city under the jurisdiction
of such board | ||
is located.
| ||
Each certification shall indicate, where applicable, the | ||
following:
| ||
(1) The political party affiliation of the candidates | ||
for the respective offices;
| ||
(2) If there is to be more than one candidate elected | ||
to an office from
the State, political subdivision or | ||
district;
|
(3) If the voter has the right to vote for more than | ||
one candidate for an office;
| ||
(4) The term of office, if a vacancy is to be filled | ||
for less than a
full term or if the offices to be filled in | ||
a political subdivision are for
different terms.
| ||
The State Board of Elections or the county clerk, as the | ||
case may be,
shall issue an amended certification whenever it | ||
is discovered that the
original certification is in error.
| ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
| ||
(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
| ||
Sec. 7-61. Whenever a special election is necessary the | ||
provisions of
this Article are applicable to the nomination of | ||
candidates to be voted
for at such special election.
| ||
In cases where a primary election is required the officer | ||
or board or
commission whose duty it is under the provisions of | ||
this Act relating to
general elections to call an election, | ||
shall fix a date for the primary
for the nomination of | ||
candidates to be voted for at such special
election. Notice of | ||
such primary shall be given at least 15 days prior
to the | ||
maximum time provided for the filing of petitions for such a
| ||
primary as provided in Section 7-12.
| ||
Any vacancy in nomination under the provisions of this | ||
Article 7
occurring on or after the primary and prior to | ||
certification of
candidates by the certifying board or | ||
officer, must be filled prior to the
date of certification. |
Any vacancy in nomination occurring after certification
but | ||
prior to 15 days before the general election shall be filled | ||
within 8 days
after the event creating the vacancy. The | ||
resolution filling the vacancy shall
be sent by U. S. mail or | ||
personal delivery to the certifying officer or board
within 3 | ||
days of the action by which the vacancy was filled; provided, | ||
if such
resolution is sent by mail and the U. S. postmark on | ||
the envelope containing
such resolution is dated prior to the | ||
expiration of such 3 day limit, the
resolution shall be deemed | ||
filed within such 3 day limit. Failure to so
transmit the | ||
resolution within the time specified in this Section shall
| ||
authorize the certifying officer or board to certify the | ||
original candidate.
Vacancies shall be filled by the officers | ||
of a local municipal or township
political party as specified | ||
in subsection (h) of Section 7-8, other than a
statewide | ||
political party, that is established only within a | ||
municipality or
township and the managing committee (or | ||
legislative committee in case of a
candidate for State Senator | ||
or representative committee in the case of a
candidate for | ||
State Representative in the General Assembly or State central | ||
committee in the case of a candidate for statewide office, | ||
including but not limited to the office of United States | ||
Senator) of the respective
political party for the territorial | ||
area in which such vacancy occurs.
| ||
The resolution to fill a vacancy in nomination shall be | ||
duly
acknowledged before an officer qualified to take |
acknowledgements of deeds
and shall include, upon its face, | ||
the following information:
| ||
(a) the name of the original nominee and the office | ||
vacated;
| ||
(b) the date on which the vacancy occurred;
| ||
(c) the name and address of the nominee selected to fill | ||
the vacancy and
the date of selection.
| ||
The resolution to fill a vacancy in nomination shall be | ||
accompanied by a
Statement of Candidacy, as prescribed in | ||
Section 7-10, completed by the
selected nominee and a receipt | ||
indicating that such nominee has filed a
statement of economic | ||
interests as required by the Illinois Governmental
Ethics Act.
| ||
The provisions of Section 10-8 through 10-10.1 relating to | ||
objections to
certificates of nomination and nomination | ||
papers, hearings on objections,
and judicial review, shall | ||
apply to and govern objections to resolutions
for filling a | ||
vacancy in nomination.
| ||
Any vacancy in nomination occurring 15 days or less before | ||
the consolidated
election or the general election shall not be | ||
filled. In this event, the
certification of the original | ||
candidate shall stand and his name shall
appear on the | ||
official ballot to be voted at the general election.
| ||
A vacancy in nomination occurs when a candidate who has | ||
been
nominated under the provisions of this Article 7 dies | ||
before the
election (whether death occurs prior to, on or | ||
after the day of the
primary), or declines the nomination; |
provided that nominations may
become vacant for other reasons.
| ||
If the name of no established political party candidate | ||
was printed on
the consolidated primary ballot for a | ||
particular office
and if no person was nominated as a write-in | ||
candidate for such office,
a vacancy in nomination shall be | ||
created which may be filled in accordance
with the | ||
requirements of this Section. Except as otherwise provided in | ||
this Code, if If the name of no established political
party | ||
candidate was printed on the general primary ballot for a | ||
particular
office and if no person was nominated as a write-in | ||
candidate for such office,
a vacancy in nomination shall be | ||
filled only by a person designated by the appropriate | ||
committee of the political party and only if that designated | ||
person files nominating petitions with the number of | ||
signatures required for an established party candidate for | ||
that office within 75 days after the day of the general | ||
primary. The circulation period for those petitions begins on | ||
the day the appropriate committee designates that person. The | ||
person shall file his or her nominating petitions, statements | ||
of candidacy, notice of appointment by the appropriate | ||
committee, and receipt of filing his or her statement of | ||
economic interests together. These documents shall be filed at | ||
the same location as provided in Section 7-12. The electoral | ||
boards having jurisdiction under Section 10-9 to hear and pass | ||
upon objections to nominating petitions also shall hear and | ||
pass upon objections to nomination petitions filed by |
candidates under this paragraph.
| ||
A candidate for whom a nomination paper has been filed as a | ||
partisan
candidate at a primary election, and who is defeated | ||
for his or her
nomination at such primary election, is | ||
ineligible to be listed on the
ballot at that general or | ||
consolidated election as a candidate of another
political | ||
party.
| ||
A candidate seeking election to an office for which | ||
candidates of
political parties are nominated by caucus who is | ||
a participant in the
caucus and who is defeated for his or her | ||
nomination at such caucus, is
ineligible to be listed on the | ||
ballot at that general or consolidated
election as a candidate | ||
of another political party.
| ||
In the proceedings to nominate a candidate to fill a | ||
vacancy or to
fill a vacancy in the nomination, each precinct, | ||
township, ward, county
or congressional district, as the case | ||
may be, shall through its
representative on such central or | ||
managing committee, be entitled to one
vote for each ballot | ||
voted in such precinct, township, ward, county or
| ||
congressional district, as the case may be, by the primary | ||
electors of
its party at the primary election immediately | ||
preceding the meeting at
which such vacancy is to be filled.
| ||
For purposes of this Section, the words "certify" and | ||
"certification"
shall refer to the act of officially declaring | ||
the names of candidates
entitled to be printed upon the | ||
official ballot at an election and
directing election |
authorities to place the names of such candidates upon
the | ||
official ballot. "Certifying officers or board" shall refer to | ||
the
local election official, election authority or the State | ||
Board of
Elections, as the case may be, with whom nomination | ||
papers, including
certificates of nomination and resolutions | ||
to fill vacancies in nomination,
are filed and whose duty it is | ||
to "certify" candidates.
| ||
(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
| ||
(10 ILCS 5/8-5) (from Ch. 46, par. 8-5)
| ||
Sec. 8-5. Legislative committees; representative | ||
committees. There shall be constituted one legislative | ||
committee for each
political party in each legislative | ||
district and one representative committee
for each political | ||
party in each representative district. Legislative and
| ||
representative committees shall be composed as follows:
| ||
In legislative or representative districts within or | ||
including a portion
of any county containing 2,000,000 or more | ||
inhabitants, the legislative
or representative committee of a
| ||
political party shall consist of the committeepersons of such | ||
party
representing each township or ward of such county any | ||
portion of which
township or ward is included within such | ||
legislative or representative
district and the chair
of each | ||
county central committee of such party of any county
| ||
containing less than 2,000,000 inhabitants any portion of | ||
which county
is included within such legislative or |
representative district.
| ||
In the remainder of the State, the legislative or | ||
representative committee
of a political
party shall consist of | ||
the chair of each county central committee of
such party, any | ||
portion of which county is included within such
legislative or | ||
representative district; but if a legislative or | ||
representative
district comprises only one
county, or part of | ||
a county, its legislative or representative committee
shall | ||
consist of
the chair of the county central committee and 2 | ||
members of the county
central committee appointed who reside | ||
in the legislative or representative district,
as the case may | ||
be, elected by the chair of the county central committee.
| ||
Within 180 days after the primary of the even-numbered | ||
year immediately
following the decennial redistricting | ||
required by Section 3 of Article IV
of the Illinois | ||
Constitution of 1970, the ward committeepersons, township | ||
committeepersons
or chairmen of county central committees | ||
within each of the
redistricted legislative and representative | ||
districts shall meet and
proceed to organize by electing from | ||
among their own number a chair and,
either from among their own | ||
number or otherwise, such other officers as
they may deem | ||
necessary or expedient. The ward committeepersons, township | ||
committeepersons
or chairmen of county central committees | ||
shall determine the
time and place (which shall be in the | ||
limits of such district) of such
meeting. Immediately upon | ||
completion of organization, the chair shall
forward to the |
State Board of Elections the names and addresses of the chair
| ||
and secretary of the committee. A vacancy shall occur when a
| ||
member dies, resigns or ceases to reside in the county, | ||
township or ward
which he represented.
| ||
Within 180 days after the primary of each other | ||
even-numbered year, each
legislative committee and | ||
representative committee shall meet and proceed
to organize by | ||
electing from among its own number a chair, and either
from its | ||
own number or otherwise, such other officers as each committee
| ||
may deem necessary or expedient. Immediately upon completion | ||
of
organization, the chair shall forward to the State Board of
| ||
Elections, the names and addresses of the chair and secretary | ||
of the
committee. The outgoing chair of such committee shall | ||
notify the
members of the time and place (which shall be in the | ||
limits of such
district) of such meeting. A vacancy shall | ||
occur when a member dies,
resigns, or ceases to reside in the | ||
county, township or ward, which he
represented.
| ||
If any change is made in the boundaries of any precinct, | ||
township or
ward, the committeeperson previously elected | ||
therefrom shall continue to
serve, as if no boundary change | ||
had occurred, for the purpose of acting
as a member of a | ||
legislative or representative committee until his successor
is | ||
elected or appointed.
| ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
| ||
(10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
|
Sec. 8-8. Form of petition for nomination. The name of no | ||
candidate for nomination shall be printed
upon the primary | ||
ballot unless a petition for nomination shall have been
filed | ||
in his behalf as provided for in this Section. Each such | ||
petition
shall include as a part thereof the oath required by | ||
Section 7-10.1 of
this Act and a statement of candidacy by the | ||
candidate filing or in
whose behalf the petition is filed. | ||
This statement shall set out the
address of such candidate, | ||
the office for which he is a candidate, shall
state that the | ||
candidate is a qualified primary voter of the party to
which | ||
the petition relates, is qualified for the office specified | ||
and
has filed a statement of economic interests as required by | ||
the Illinois
Governmental Ethics Act, shall request that the | ||
candidate's name be
placed upon the official ballot and shall | ||
be subscribed and sworn by
such candidate before some officer | ||
authorized to take acknowledgment of
deeds in this State and | ||
may be in substantially the following form:
| ||
State of Illinois)
| ||
) ss.
| ||
County ..........)
| ||
I, ...., being first duly sworn, say that I reside at .... | ||
street in
the city (or village of) .... in the county of .... | ||
State of Illinois;
that I am a qualified voter therein and am a | ||
qualified primary voter of
.... party; that I am a candidate | ||
for nomination to the office of ....
to be voted upon at the | ||
primary election to be held on (insert date);
that I am legally |
qualified to hold such office and
that I have filed a statement | ||
of economic interests as required by the
Illinois Governmental | ||
Ethics Act and I hereby request that my name be
printed upon | ||
the official primary ballot for nomination for such office.
| ||
Signed ....................
| ||
Subscribed and sworn to (or affirmed) before me by ...., | ||
who is to me
personally known, on (insert date).
| ||
Signed .... (Official Character)
| ||
(Seal if officer has one.)
| ||
The receipt issued by the Secretary of State indicating | ||
that the candidate has filed the statement of economic | ||
interests required by the Illinois Governmental Ethics Act | ||
must be filed with the petitions for nomination as provided in | ||
subsection (8) of Section 7-12 of this Code.
| ||
Except as otherwise provided in this Code, all All | ||
petitions for nomination for the office of State Senator shall | ||
be signed
by at least 1,000 but not more than 3,000 of the | ||
qualified primary electors of
the candidate's party in his | ||
legislative district.
| ||
Except as otherwise provided in this Code, all All | ||
petitions for nomination for the office of Representative in | ||
the General
Assembly shall be signed by at least 500 but not | ||
more than 1,500 of
the qualified primary electors of the | ||
candidate's party in his or her
representative district.
| ||
Opposite the signature of each qualified primary elector | ||
who signs a
petition for nomination for the office of State |
Representative or State
Senator such elector's residence | ||
address shall be written or printed. The
residence address | ||
required to be written or printed opposite each qualified
| ||
primary elector's name shall include the street address or | ||
rural route
number of the signer, as the case may be, as well | ||
as the signer's county
and city, village or town.
| ||
For the purposes of this Section, the number of primary | ||
electors shall
be determined by taking the total vote cast, in | ||
the applicable district,
for the candidate for such political | ||
party who received the highest number
of votes, state-wide, at | ||
the last general election in the State at which
electors for | ||
President of the United States were elected.
| ||
A "qualified primary elector" of a party may not sign | ||
petitions for or be a
candidate in the primary of more than one | ||
party.
| ||
In the affidavit at the bottom of each sheet, the petition | ||
circulator,
who shall be a person 18 years of age or older who | ||
is a citizen of the United
States, shall state his or her | ||
street address or rural route
number, as the
case may be, as | ||
well as his or her county, city, village or
town, and state; | ||
and
shall certify that the signatures on that sheet of the | ||
petition were signed in
his or her presence; and shall certify | ||
that the signatures are genuine; and
shall certify
that to the | ||
best of his or her knowledge and belief the persons so signing | ||
were
at the time of signing the petition qualified primary | ||
voters for which the
nomination is sought.
|
In the affidavit at the bottom of each petition sheet, the | ||
petition
circulator shall either (1) indicate the dates on | ||
which he or she
circulated that sheet, or (2) indicate the | ||
first and last dates on which
the sheet was circulated, or (3) | ||
certify that none of the signatures on the
sheet were signed | ||
more than 90 days preceding the last day for the filing
of the | ||
petition. No petition sheet shall be circulated more than 90 | ||
days
preceding the last day provided in Section 8-9 for the | ||
filing of such petition.
| ||
All petition sheets which are filed with the State Board | ||
of Elections shall
be the original sheets which have been | ||
signed by the voters and by the
circulator, and not | ||
photocopies or duplicates of such sheets.
| ||
The person circulating the petition, or the candidate on | ||
whose behalf
the petition is circulated, may strike any | ||
signature from the petition,
provided that:
| ||
(1) the person striking the signature shall initial | ||
the petition at
the place where the signature is struck; | ||
and
| ||
(2) the person striking the signature shall sign a | ||
certification
listing the page number and line number of | ||
each signature struck from
the petition. Such | ||
certification shall be filed as a part of the petition.
| ||
(Source: P.A. 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
|
Sec. 8-8.1. In the designation of the name of a candidate | ||
on a petition for
nomination, the candidate's given name or | ||
names, initial or initials, a
nickname by which the candidate | ||
is commonly known, or a combination
thereof, may be used in | ||
addition to the candidate's surname. If a candidate has | ||
changed his or her name, whether by a statutory or common law | ||
procedure in Illinois or any other jurisdiction, within 3 | ||
years before the last day for filing the petition for that | ||
office, then (i) the candidate's name on the petition must be | ||
followed by "formerly known as (list all prior names during | ||
the 3-year period) until name changed on (list date of each | ||
such name change)" and (ii) the petition must be accompanied | ||
by the candidate's affidavit stating the candidate's previous | ||
names during the period specified in (i) and the date or dates | ||
each of those names was changed; failure to meet these | ||
requirements shall be grounds for denying certification of the | ||
candidate's name for the ballot or removing the candidate's | ||
name from the ballot, as appropriate, but these requirements | ||
do not apply to name changes resulting from adoption to assume | ||
an adoptive parent's or parents' surname, marriage or civil | ||
union to assume a spouse's surname, or dissolution of marriage | ||
or civil union or declaration of invalidity of marriage or | ||
civil union to assume a former surname or a name change that | ||
conforms the candidate's name to his or her gender identity . | ||
No other
designation such as a political slogan, title, or | ||
degree, or nickname
suggesting or implying
possession of a |
title, degree or professional status, or similar information
| ||
may be used
in connection with the candidate's surname.
| ||
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| ||
(10 ILCS 5/8-10) (from Ch. 46, par. 8-10)
| ||
Sec. 8-10.
Except as otherwise provided in this Code, not | ||
Not less than 68 days prior to the date of the primary, the | ||
State Board
of Elections shall certify to the county clerk for | ||
each county, the names
of all candidates for legislative | ||
offices, as specified
in the petitions for
nominations on file | ||
in its office, which are to be voted for in such
county, | ||
stating in such certificates the political affiliation of each
| ||
candidate for nomination, as specified in the petitions. The | ||
State Board
of Elections shall, in its
certificate to the | ||
county clerk, certify to the county clerk the names of
the | ||
candidates in the order in which the names shall appear upon | ||
the
primary ballot, the names to appear in the order in which | ||
petitions have
been filed.
| ||
Not less than 62 days prior to the date of the primary, the | ||
county clerk
shall certify to the board of election | ||
commissioners if there be any such
board in his county, the | ||
names of all candidates so certified to him by the
State Board | ||
of Elections in the districts wholly or partly within the
| ||
jurisdiction of said board and in the order in which such names | ||
are
certified to him.
| ||
(Source: P.A. 97-81, eff. 7-5-11.)
|
(10 ILCS 5/8-17) (from Ch. 46, par. 8-17) | ||
Sec. 8-17. The death of any candidate prior to, or on, the | ||
date of the primary
shall not affect the canvass of the | ||
ballots. If the result of such
canvass discloses that such | ||
candidate, if he had lived, would have been
nominated, such | ||
candidate shall be declared nominated. | ||
In the event that a candidate of a party who has been | ||
nominated under
the provisions of this Article shall die | ||
before election (whether death
occurs prior to, or on, or | ||
after, the date of the primary) or decline
the nomination or | ||
should the nomination for any other reason become
vacant, the | ||
legislative or representative committee of such party for
such | ||
district shall
nominate a candidate of such party to fill such | ||
vacancy.
However, if there
was no candidate for the nomination | ||
of the party in the primary, except as otherwise provided in | ||
this Code,
no candidate of that party for that
office may be | ||
listed on the ballot at the general election, unless the
| ||
legislative or representative committee of the party nominates | ||
a candidate
to fill the vacancy in nomination within 75 days | ||
after the date of the
general primary election.
Vacancies in
| ||
nomination occurring under this Article shall be filled by the | ||
appropriate
legislative or representative committee in | ||
accordance with the provisions
of Section 7-61 of this Code. | ||
In proceedings to fill the vacancy in
nomination, the voting | ||
strength of the members of the legislative or
representative |
committee shall be as provided in Section 8-6. | ||
(Source: P.A. 96-1008, eff. 7-6-10.) | ||
(10 ILCS 5/9-8.10)
| ||
Sec. 9-8.10. Use of political committee and other | ||
reporting organization
funds.
| ||
(a) A political committee shall
not
make
expenditures:
| ||
(1) In violation of any law of the United States or of | ||
this State.
| ||
(2) Clearly in excess of the fair market value of the | ||
services,
materials, facilities,
or other things of value | ||
received in exchange.
| ||
(3) For satisfaction or repayment of any debts other | ||
than loans made to
the
committee or to the public official | ||
or candidate on behalf of the committee or
repayment of | ||
goods
and services purchased by the committee under a | ||
credit
agreement. Nothing in this Section authorizes the | ||
use of campaign funds to
repay personal loans. The | ||
repayments shall be made by check written to the
person | ||
who made the loan or credit agreement. The terms and | ||
conditions of any
loan or credit agreement to a
committee | ||
shall be set forth in a written agreement, including but | ||
not limited
to the
method and
amount of repayment, that | ||
shall be executed by the chair or treasurer of the
| ||
committee at the time of the loan or credit agreement. The | ||
loan or agreement
shall also
set forth the rate of |
interest for the loan, if any, which may not
substantially | ||
exceed the
prevailing market interest rate at the time the | ||
agreement is executed.
| ||
(4) For the satisfaction or repayment of any debts or | ||
for the payment of
any expenses relating to a personal | ||
residence.
Campaign funds may not be used as collateral | ||
for home mortgages.
| ||
(5) For clothing or personal laundry expenses, except | ||
clothing items
rented by
the public official or candidate
| ||
for his or her own use exclusively for a specific | ||
campaign-related event,
provided that
committees may | ||
purchase costumes, novelty items, or other accessories | ||
worn
primarily to
advertise the candidacy.
| ||
(6) For the travel expenses of
any person unless the | ||
travel is necessary for fulfillment of political,
| ||
governmental, or public policy duties, activities, or | ||
purposes.
| ||
(7) For membership or club dues charged by | ||
organizations, clubs, or
facilities that
are primarily | ||
engaged in providing health, exercise, or recreational | ||
services;
provided,
however, that funds received under | ||
this Article may be used to rent the clubs
or facilities
| ||
for a specific campaign-related event.
| ||
(8) In payment for anything of value or for | ||
reimbursement of any
expenditure for
which any person has | ||
been reimbursed by the State or any person.
For purposes |
of this item (8), a per diem allowance is not a | ||
reimbursement.
| ||
(9) For the lease or purchase of or installment | ||
payment for a motor vehicle unless
the political committee | ||
can demonstrate that purchase of a motor vehicle is
more | ||
cost-effective than leasing a motor vehicle as permitted | ||
under this item
(9). A political committee may lease or | ||
purchase and insure, maintain, and
repair a motor vehicle | ||
if the vehicle will be used primarily for campaign
| ||
purposes or
for the performance of governmental duties. | ||
Nothing in this paragraph prohibits a political committee | ||
from using political funds to make expenditures related to | ||
vehicles not purchased or leased by a political committee, | ||
provided the expenditure relates to the use of the vehicle | ||
for primarily campaign purposes or the performance of | ||
governmental duties. A committee
shall not make | ||
expenditures for use of the vehicle for non-campaign or
| ||
non-governmental purposes. Persons using vehicles not | ||
purchased or leased by a
political committee may be | ||
reimbursed for actual mileage for the use of the
vehicle | ||
for campaign purposes or for the performance of | ||
governmental duties.
The mileage reimbursements shall be | ||
made at a rate not to exceed the standard
mileage rate | ||
method for computation of business expenses under the | ||
Internal
Revenue Code.
| ||
(10) Directly for an individual's tuition or other |
educational expenses,
except for governmental or political | ||
purposes directly related to a candidate's
or public | ||
official's duties and responsibilities.
| ||
(11) For payments to a public official or candidate or | ||
his or her
family member unless
for compensation for | ||
services actually rendered by that person. The provisions | ||
of this item (11) do not apply to expenditures by a | ||
political committee for expenses related to providing | ||
childcare for a minor child or care for a dependent family | ||
member if the care is reasonably necessary for the public | ||
official or candidate to fulfill political or governmental | ||
duties.
The provisions of this item (11) do not apply to | ||
expenditures by a
political committee in an aggregate
| ||
amount not exceeding the amount of funds reported to and | ||
certified by the State
Board or county clerk as available | ||
as of June 30, 1998, in the semi-annual
report of
| ||
contributions and expenditures filed by the
political | ||
committee for the period concluding June 30, 1998.
| ||
(b) The Board shall have the authority to investigate, | ||
upon
receipt of a verified complaint, violations of the | ||
provisions of this Section.
The Board may levy a fine
on any | ||
person who knowingly makes expenditures in violation of this | ||
Section and
on any person who knowingly makes a malicious and | ||
false accusation of a
violation of this Section.
The Board may | ||
act under this subsection only upon the affirmative vote of at
| ||
least 5 of its members. The fine shall not
exceed $500 for each |
expenditure of $500 or less and shall not exceed the
amount of | ||
the
expenditure plus $500 for each expenditure greater than | ||
$500. The Board shall
also
have the authority
to render | ||
rulings and issue opinions relating to compliance with this
| ||
Section.
| ||
(c) Nothing in this Section prohibits the expenditure of | ||
funds of a
political
committee controlled by an officeholder | ||
or by a candidate to defray the customary and reasonable | ||
expenses of an
officeholder in
connection with the performance | ||
of governmental and public service functions.
| ||
(d) Nothing in this Section prohibits the funds of a | ||
political committee which is controlled by a person convicted | ||
of a violation of any of the offenses listed in subsection (a) | ||
of Section 10 of the Public Corruption Profit Forfeiture Act | ||
from being forfeited to the State under Section 15 of the | ||
Public Corruption Profit Forfeiture Act. | ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
| ||
(10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
| ||
Sec. 9-13. Audits of political committees. | ||
(a) The Board shall have the authority to order a | ||
political committee to conduct an audit of the financial | ||
records required to be maintained by the committee to ensure | ||
compliance with Sections 9-8.5 and 9-10. Audits ordered by the | ||
Board shall be conducted as provided in this Section and as | ||
provided by Board rule. |
(b) The Board may order a political committee to conduct | ||
an audit of its financial records for any of the following | ||
reasons: (i) a discrepancy between the ending balance of a | ||
reporting period and the beginning balance of the next | ||
reporting period, (ii) failure to account for previously | ||
reported investments or loans, or (iii) a discrepancy between | ||
reporting contributions received by or expenditures made for a | ||
political committee that are reported by another political | ||
committee, except the Board shall not order an audit pursuant | ||
to this item (iii) unless there is a willful pattern of | ||
inaccurate reporting or there is a pattern of similar | ||
inaccurate reporting involving similar contributions by the | ||
same contributor. Prior to ordering an audit, the Board shall | ||
afford the political committee due notice and an opportunity | ||
for a closed preliminary hearing. A political committee shall | ||
hire an entity qualified to perform an audit; except, a | ||
political committee shall not hire a person that has | ||
contributed to the political committee during the previous 4 | ||
years. | ||
(c) In each calendar year, the Board shall randomly select | ||
order no more than 3% of registered political committees to | ||
conduct an audit. The Board shall establish a standard, | ||
scientific method of selecting the political committees that | ||
are to be audited so that every political committee has an | ||
equal mathematical chance of being selected. A political | ||
committee selected to conduct an audit through the random |
selection process shall only be required to conduct the audit | ||
if it was required to file at least one quarterly report during | ||
the period to be covered by the audit and has: (i) a fund | ||
balance of $10,000 or more as of the close of the most recent | ||
reporting period; (ii) an average closing fund balance of | ||
$10,000 or more on quarterly reports occurring during the | ||
2-year period to be covered by the audit; or (iii) average | ||
total receipts of $10,000 or more on quarterly reports | ||
occurring during the 2-year period to be covered by the audit. | ||
Notwithstanding any other provision of this subsection, a | ||
political committee owing unpaid fines at the time of its | ||
random selection shall be ordered to conduct an audit. The | ||
Board shall not select additional registered political | ||
committees to conduct an audit to replace any of the | ||
originally selected political committees. | ||
(d) Upon receipt of notification from the Board ordering | ||
an audit, a political committee shall conduct an audit of the | ||
financial records required to be maintained by the committee | ||
to ensure compliance with the contribution limitations | ||
established in Section 9-8.5 and the reporting requirements | ||
established in Section 9-3 and Section 9-10 for a period of 2 | ||
years from the close of the most recent reporting period or the | ||
period since the committee was previously ordered to conduct | ||
an audit, whichever is shorter. The entity performing the | ||
audit shall review the amount of funds and investments | ||
maintained by the political committee and ensure the financial |
records accurately account for any contributions and | ||
expenditures made by the political committee.
A certified copy | ||
of the audit shall be delivered to the Board within 60 calendar | ||
days after receipt of notice from the Board, unless the Board | ||
grants an extension to complete the audit. A political | ||
committee ordered to conduct an audit through the random | ||
selection process shall not be required to conduct another | ||
audit for a minimum of 5 years unless the Board has reason to | ||
believe the political committee is in violation of Section | ||
9-3, 9-8.5, or 9-10. | ||
(e) The Board shall not disclose the name of any political | ||
committee ordered to conduct an audit or any documents in | ||
possession of the Board related to an audit unless, after | ||
review of the audit findings, the Board has reason to believe | ||
the political committee is in violation of Section 9-3, 9-8.5, | ||
or 9-10 and the Board imposed a fine. | ||
(f) Failure to deliver a certified audit in a timely | ||
manner is a business offense punishable by a fine of $250 per | ||
day that the audit is late, up to a maximum of $5,000.
| ||
(Source: P.A. 100-784, eff. 8-10-18.)
| ||
(10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
| ||
Sec. 10-3. Nomination of independent candidates (not | ||
candidates of
any political party), for any office to be | ||
filled by the voters of the
State at large may also be made by | ||
nomination papers signed in the
aggregate for each candidate |
by 1% of the number of voters who voted in
the next preceding | ||
Statewide general election or 25,000 qualified voters
of the | ||
State, whichever is less. Nominations of independent | ||
candidates
for public office within any district or political | ||
subdivision less than
the State, may be made by nomination | ||
papers signed in the aggregate for
each candidate by qualified | ||
voters of such district, or political
subdivision, equaling | ||
not less than 5%, nor more than 8% (or 50 more
than the | ||
minimum, whichever is greater) of the number of persons, who
| ||
voted at the next preceding regular election in such district | ||
or
political subdivision in which such district or political | ||
subdivision
voted as a unit for the election of officers to | ||
serve its respective
territorial area. However, whenever the | ||
minimum
signature requirement for an independent candidate | ||
petition for a
district or political subdivision office shall | ||
exceed the minimum number
of signatures for an independent | ||
candidate petition for an office to be
filled by the voters of | ||
the State at large at the next preceding
State-wide general | ||
election, such State-wide petition signature
requirement shall | ||
be the minimum for an independent candidate petition
for such | ||
district or political subdivision office. For the first
| ||
election following a redistricting of congressional districts,
| ||
nomination papers for an independent candidate for | ||
congressperson congressman shall be
signed by at least 5,000 | ||
qualified voters of the congressional district.
For the first | ||
election following a redistricting of legislative
districts, |
nomination papers for an independent candidate for State
| ||
Senator in the General Assembly shall be signed by at
least | ||
3,000 qualified voters of the legislative district. For the | ||
first
election following a redistricting of representative | ||
districts, nomination
papers for an independent candidate for | ||
State Representative in the General
Assembly shall be signed | ||
by at least 1,500 qualified voters of the
representative | ||
district. For the first election following redistricting of
| ||
county board districts, or of municipal wards or districts, or | ||
for the
first election following the initial establishment of | ||
such districts or
wards in a county or municipality, | ||
nomination papers
for an independent candidate for county | ||
board member, or for alderperson alderman or
trustee of such | ||
municipality, shall be signed by qualified voters of the
| ||
district or ward equal to not less than 5% nor more than 8% (or | ||
50 more
than the minimum, whichever is greater) of the total | ||
number of votes cast
at the preceding general or general | ||
municipal election, as the case
may be, for the county or | ||
municipal office voted on throughout such county
or | ||
municipality for which the greatest total number of votes were | ||
cast for
all candidates, divided by the number of districts or | ||
wards, but in any
event not less than 25 qualified voters of | ||
the district or ward. Each voter
signing a nomination paper | ||
shall add to his signature his place of
residence, and each | ||
voter may subscribe to one nomination for such
office to be | ||
filled, and no more: Provided that the name of any
candidate |
whose name may appear in any other place upon the ballot shall
| ||
not be so added by petition for the same office.
| ||
The person circulating the petition, or the candidate on | ||
whose behalf
the petition is circulated, may strike any | ||
signature from the petition,
provided that;
| ||
(1) the person striking the signature shall initial | ||
the petition at
the place where the signature is struck; | ||
and
| ||
(2) the person striking the signature shall sign a | ||
certification
listing the page number and line number of | ||
each signature struck from
the petition. Such | ||
certification shall be filed as a part of the
petition.
| ||
(3) the persons striking signatures from the petition | ||
shall each
sign an additional certificate specifying the | ||
number of certification
pages listing stricken signatures | ||
which are attached to the petition and
the page numbers | ||
indicated on such certifications. The certificate
shall be | ||
filed as a part of the petition, shall be numbered, and | ||
shall
be attached immediately following the last page of | ||
voters' signatures
and before the certifications of | ||
stricken signatures.
| ||
(4) all of the foregoing requirements shall be | ||
necessary to effect a
valid striking of any signature. The | ||
provisions of this Section
authorizing the striking of | ||
signatures shall not impose any criminal
liability on any | ||
person so authorized for signatures which may be
|
fraudulent.
| ||
In the case of the offices of Governor and Lieutenant | ||
Governor a
joint petition including one candidate for each of | ||
those offices must be
filed.
| ||
A candidate for whom a nomination paper has been filed as a | ||
partisan
candidate at a primary election, and who is defeated | ||
for his or her
nomination at the primary election, is | ||
ineligible to be placed on the
ballot as an independent | ||
candidate for election in that general or
consolidated | ||
election.
| ||
A candidate seeking election to an office for which | ||
candidates of
political parties are nominated by caucus who is | ||
a participant in the
caucus and who is defeated for his or
her | ||
nomination at such caucus, is ineligible to be listed on the | ||
ballot at
that general or consolidated election as an | ||
independent candidate.
| ||
(Source: P.A. 95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
| ||
Sec. 10-4. Form of petition for nomination. All petitions | ||
for nomination
under this Article 10 for
candidates for public | ||
office in this State, shall in addition to other
requirements | ||
provided by law, be as follows: Such petitions shall
consist | ||
of sheets of uniform size and each sheet shall contain, above
| ||
the space for signature, an appropriate heading, giving the | ||
information
as to name of candidate or candidates in whose |
behalf such petition is
signed; the office; the party; place | ||
of residence; and such other
information or wording as | ||
required to make same valid, and the heading
of each sheet | ||
shall be the same. Such petition shall be signed by the
| ||
qualified voters in their own proper persons only, and | ||
opposite the
signature of each signer his residence address | ||
shall be written or
printed. The residence address required to | ||
be written or printed
opposite each qualified primary | ||
elector's name shall include the street
address or rural route | ||
number of the signer, as the case may be, as well as
the | ||
signer's county, and city, village or town, and state. | ||
However,
the county or city, village or
town, and state of | ||
residence of such electors may be printed on the
petition | ||
forms where all of the electors signing the petition
reside in | ||
the same county or city, village or town, and state. Standard
| ||
abbreviations may be used in writing the residence address, | ||
including
street number, if any. Except as otherwise provided | ||
in this Code, no No signature shall be valid or be counted in
| ||
considering the validity or sufficiency of such petition | ||
unless the
requirements of this Section are complied with. At | ||
the bottom of each
sheet of such petition shall be added a | ||
circulator's statement, signed by a
person 18
years of age or | ||
older who is a citizen of the United States; stating the street | ||
address or rural route
number, as the case may be, as well as | ||
the county,
city,
village or town, and state; certifying that | ||
the signatures on that sheet of
the petition
were signed in his |
or her presence; certifying that the signatures are
genuine;
| ||
and either (1) indicating the dates on which that sheet was | ||
circulated, or (2)
indicating the first and last dates on | ||
which the sheet was circulated, or (3)
certifying that none of | ||
the signatures on the sheet were signed more than 90
days | ||
preceding the last day for the filing of the petition; and
| ||
certifying
that to the best of his knowledge and belief the | ||
persons so signing were at the
time of signing the petition | ||
duly registered voters under Articles 4, 5 or 6 of
the Code of | ||
the political subdivision or district for which the candidate | ||
or
candidates shall be nominated, and certifying that their | ||
respective residences
are correctly stated therein. Such | ||
statement shall be sworn to before some
officer authorized to | ||
administer oaths in this State. Except as otherwise provided | ||
in this Code, no No petition sheet shall
be circulated more | ||
than 90 days preceding the last day provided in Section 10-6
| ||
for the filing of such petition. Such sheets, before being | ||
presented to the
electoral board or filed with the proper | ||
officer of the electoral district or
division of the state or | ||
municipality, as the case may be, shall be neatly
fastened | ||
together in book form, by placing the sheets in a pile and | ||
fastening
them together at one edge in a secure and suitable | ||
manner, and the sheets shall
then be numbered consecutively. | ||
The sheets shall not be fastened by pasting
them together end | ||
to end, so as to form a continuous strip or roll. All
petition | ||
sheets which are filed with the proper local election |
officials,
election authorities or the State Board of | ||
Elections shall be the original
sheets which have been signed | ||
by the voters and by the circulator, and not
photocopies or | ||
duplicates of such sheets. A petition, when presented or
| ||
filed, shall not be withdrawn, altered, or added to, and no | ||
signature shall be
revoked except by revocation in writing | ||
presented or filed with the officers or
officer with whom the | ||
petition is required to be presented or filed, and before
the | ||
presentment or filing of such petition. Whoever forges any | ||
name of a
signer upon any petition shall be deemed guilty of a | ||
forgery, and on conviction
thereof, shall be punished | ||
accordingly. The word "petition" or "petition for
nomination", | ||
as used herein, shall mean what is sometimes known as | ||
nomination
papers, in distinction to what is known as a | ||
certificate of nomination. The
words "political division for | ||
which the candidate is nominated", or its
equivalent, shall | ||
mean the largest political division in which all qualified
| ||
voters may vote upon such candidate or candidates, as the | ||
state in the case of
state officers; the township in the case | ||
of township officers et cetera.
Provided, further, that no | ||
person shall circulate or certify petitions for
candidates of | ||
more than one political party, or for an independent candidate | ||
or
candidates in addition to one political party, to be voted | ||
upon at the next
primary or general election, or for such | ||
candidates and parties with respect to
the same political | ||
subdivision at the next consolidated election.
|
(Source: P.A. 98-756, eff. 7-16-14.)
| ||
(10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
| ||
Sec. 10-5.1. In the designation of the name of a candidate | ||
on a certificate of
nomination or nomination papers the | ||
candidate's given name or names,
initial or initials, a | ||
nickname by which the candidate is commonly
known, or a | ||
combination thereof, may be used in addition to the
| ||
candidate's surname. If a candidate has changed his or her | ||
name, whether by a statutory or common law procedure in | ||
Illinois or any other jurisdiction, within 3 years before the | ||
last day for filing the certificate of nomination or | ||
nomination papers for that office, whichever is applicable, | ||
then (i) the candidate's name on the certificate or papers | ||
must be followed by "formerly known as (list all prior names | ||
during the 3-year period) until name changed on (list date of | ||
each such name change)" and (ii) the certificate or paper must | ||
be accompanied by the candidate's affidavit stating the | ||
candidate's previous names during the period specified in (i) | ||
and the date or dates each of those names was changed; failure | ||
to meet these requirements shall be grounds for denying | ||
certification of the candidate's name for the ballot or | ||
removing the candidate's name from the ballot, as appropriate, | ||
but these requirements do not apply to name changes resulting | ||
from adoption to assume an adoptive parent's or parents' | ||
surname, marriage or civil union to assume a spouse's surname, |
or dissolution of marriage or civil union or declaration of | ||
invalidity of marriage or civil union to assume a former | ||
surname or a name change that conforms the candidate's name to | ||
his or her gender identity . No other designation such as a | ||
political slogan,
title, or
degree, or
nickname suggesting or | ||
implying possession of a title, degree or professional
status, | ||
or
similar information may be used in connection with the | ||
candidate's
surname.
| ||
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| ||
(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| ||
Sec. 10-6. Time and manner of filing. Except as otherwise | ||
provided in this Code, certificates Certificates
of
nomination | ||
and nomination papers for the nomination of candidates for
| ||
offices to be filled by electors of the entire State, or any | ||
district
not entirely within a county, or for congressional, | ||
state legislative or
judicial offices, shall be presented to | ||
the principal office of the
State Board of Elections not more | ||
than 141 nor less than 134
days previous
to the day of election | ||
for which the candidates are nominated. The
State Board of | ||
Elections shall endorse the certificates of nomination or
| ||
nomination papers, as the case may be, and the date and hour of
| ||
presentment to it. Except as otherwise provided in this Code | ||
section , all
other certificates for the nomination of | ||
candidates shall be filed with
the county clerk of the | ||
respective counties not more than 141 but at
least 134 days |
previous to the day of such election. Certificates of | ||
nomination and nomination papers for the nomination of | ||
candidates for school district offices to be filled at | ||
consolidated elections shall be filed with the county clerk or | ||
county board of election commissioners of the county in which | ||
the principal office of the school district is located not | ||
more than 113 nor less than 106 days before the consolidated | ||
election. Except as otherwise provided in this Code, | ||
certificates Certificates
of
nomination and nomination papers | ||
for the nomination of candidates for
the other offices of | ||
political subdivisions to be filled at regular elections
other | ||
than the general election shall be filed with the local | ||
election
official of such subdivision:
| ||
(1) (Blank);
| ||
(2) not more than 113 nor less than 106 days prior to | ||
the
consolidated
election; or
| ||
(3) not more than 113 nor less than 106 days prior to | ||
the general
primary in the case of municipal offices to be | ||
filled at the general
primary election; or
| ||
(4) not more than 99 nor less than 92 days before the
| ||
consolidated
primary in the case of municipal offices to | ||
be elected on a nonpartisan
basis pursuant to law | ||
(including without limitation, those municipal
offices | ||
subject to Articles 4 and 5 of the Municipal Code); or
| ||
(5) not more than 113 nor less than 106 days before the | ||
municipal
primary in even numbered years for such |
nonpartisan municipal offices
where annual elections are | ||
provided; or
| ||
(6) in the case of petitions for the office of | ||
multi-township assessor,
such petitions shall be filed | ||
with the election authority not more than
113 nor less | ||
than 106 days before the consolidated election.
| ||
However, where a political subdivision's boundaries are | ||
co-extensive
with or are entirely within the jurisdiction of a | ||
municipal board of
election commissioners, the certificates of | ||
nomination and nomination
papers for candidates for such | ||
political subdivision offices shall be filed
in the office of | ||
such Board.
| ||
(Source: P.A. 98-691, eff. 7-1-14; 99-522, eff. 6-30-16.)
| ||
(10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
| ||
Sec. 10-7.
Except as otherwise provided in this Code, any | ||
Any person whose name has been presented as a candidate, | ||
including nonpartisan and independent candidates,
may cause | ||
his name to be withdrawn from any such nomination by his
| ||
request in writing, signed by him and duly acknowledged before | ||
an
officer qualified to take acknowledgment of deeds, and | ||
presented to the
principal office or permanent branch office | ||
of the Board, the election
authority, or the local election | ||
official, as the case may be, not later
than the date for | ||
certification of candidates for the ballot. No name so
| ||
withdrawn shall be printed upon the ballots under the party |
appellation or
title from which the candidate has withdrawn | ||
his name. If such a request for withdrawal is received after | ||
the date for certification of the candidates for the ballot, | ||
then the votes cast for the withdrawn candidate are invalid | ||
and shall not be reported by the election authority. If the | ||
name of the
same person has been presented as a candidate for 2 | ||
or more offices which
are incompatible so that the same person | ||
could not serve in more than one
of such offices if elected, | ||
that person must withdraw as a candidate for
all but one of | ||
such offices within the 5 business days following the last
day | ||
for petition filing. If he fails to withdraw as a candidate for | ||
all
but one of such offices within such time, his name shall | ||
not be certified,
nor printed on the ballot, for any office. | ||
However, nothing in this section
shall be construed as | ||
precluding a judge who is seeking retention in office
from | ||
also being a candidate for another judicial office. Except as
| ||
otherwise herein provided, in case the certificate of | ||
nomination or
petition as provided for in this Article shall | ||
contain or exhibit the name
of any candidate for any office | ||
upon more than one of said certificates or
petitions (for the | ||
same office), then and in that case the Board or
election | ||
authority or local election official, as the case may be, | ||
shall
immediately notify said candidate of said fact and that | ||
his name appears
unlawfully upon more than one of said | ||
certificates or petitions and that
within 3 days from the | ||
receipt of said notification, said candidate must
elect as to |
which of said political party appellations or groups he | ||
desires
his name to appear and remain under upon said ballot, | ||
and if said candidate
refuses, fails or neglects to make such | ||
election, then and in that case the
Board or election | ||
authority or local election official, as the case may be,
| ||
shall permit the name of said candidate to appear or be printed | ||
or placed
upon said ballot only under the political party | ||
appellation or group
appearing on the certificate of | ||
nomination or petition, as the case may be,
first filed, and | ||
shall strike or cause to be stricken the name of said
candidate | ||
from all certificates of nomination and petitions
filed after | ||
the first such certificate of nomination or petition.
| ||
Whenever the name of a candidate for an office is | ||
withdrawn from a new
political party petition, it shall | ||
constitute a vacancy in nomination for
that office which may | ||
be filled in accordance with Section 10-11 of this
Article; | ||
provided, that if the names of all candidates for all offices | ||
on
a new political party petition are withdrawn or such | ||
petition is declared
invalid by an electoral board or upon | ||
judicial review, no vacancies in
nomination for those offices | ||
shall exist and the filing of any notice or
resolution | ||
purporting to fill vacancies in nomination shall have no legal | ||
effect.
| ||
Whenever the name of an independent candidate for an | ||
office is withdrawn
or an independent candidate's petition is | ||
declared invalid by an electoral
board or upon judicial |
review, no vacancy in nomination for that office
shall exist | ||
and the filing of any notice or resolution purporting to fill
a | ||
vacancy in nomination shall have no legal effect.
| ||
All certificates of nomination and nomination papers when | ||
presented or
filed shall be open, under proper regulation, to | ||
public inspection, and the
State Board of Elections and the | ||
several election authorities and local
election officials | ||
having charge of nomination papers shall preserve the
same in | ||
their respective offices not less than 6 months.
| ||
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
| ||
Sec. 10-8.
Except as otherwise provided in this Code, | ||
certificates Certificates of nomination and nomination papers, | ||
and
petitions to submit public questions to a referendum, | ||
being filed as
required by this Code, and being in apparent | ||
conformity with the
provisions of this Act, shall be deemed to | ||
be valid unless objection
thereto is duly made in writing | ||
within 5 business days after the last day for
filing the | ||
certificate of nomination or nomination papers or petition
for | ||
a public question, with the following exceptions:
| ||
A. In the case of petitions to amend Article IV of the
| ||
Constitution of the State of Illinois, there shall be a | ||
period of 35
business days after the last day for the | ||
filing of such
petitions in which objections can be filed.
| ||
B. In the case of petitions for advisory questions of |
public policy to be
submitted to the voters of the entire | ||
State, there shall be a period of
35 business days after | ||
the last day for the filing of such
petitions in which | ||
objections can be filed.
| ||
Any legal voter of the political subdivision or district | ||
in which the
candidate or public question is to be voted on, or | ||
any legal voter in
the State in the case of a proposed | ||
amendment to Article IV of the
Constitution or an advisory | ||
public question to be submitted to the
voters of the entire | ||
State, having objections to any certificate of nomination
or | ||
nomination papers or petitions filed, shall file an objector's | ||
petition
together with 2 copies thereof in the principal | ||
office or the permanent branch
office of the State Board of | ||
Elections, or in the office of the election
authority or local | ||
election official with whom the certificate of
nomination, | ||
nomination papers or petitions are on file. Objection | ||
petitions that do not include 2 copies thereof, shall not be | ||
accepted.
In the case of nomination papers or certificates of | ||
nomination,
the State Board of Elections, election authority | ||
or local election official
shall note the day and hour upon | ||
which such objector's
petition is filed, and shall, not later | ||
than 12:00
noon on the second business day after receipt of the
| ||
petition, transmit by registered mail or receipted
personal | ||
delivery the certificate of nomination or nomination papers | ||
and
the original objector's petition to the chair of the | ||
proper electoral
board designated in Section 10-9 hereof, or |
his authorized agent, and
shall transmit a copy by registered | ||
mail or receipted personal delivery
of the objector's | ||
petition, to the candidate whose certificate of nomination
or | ||
nomination papers are objected to, addressed to the place of | ||
residence
designated in said certificate of nomination or | ||
nomination papers. In the
case of objections to a petition for | ||
a proposed amendment to Article IV of
the Constitution or for | ||
an advisory public question to be submitted to the
voters of | ||
the entire State, the State Board of Elections shall note the | ||
day
and hour upon which such objector's petition is filed and | ||
shall transmit a
copy of the objector's petition by registered | ||
mail or receipted personal
delivery to the person designated | ||
on a certificate attached to the petition
as the principal | ||
proponent of such proposed amendment or public question,
or as | ||
the proponents' attorney, for the purpose of receiving notice | ||
of
objections. In the case of objections to a petition for a | ||
public question,
to be submitted to the voters of a political | ||
subdivision, or district
thereof, the election authority or | ||
local election official with whom such
petition is filed shall | ||
note the day and hour upon which such
objector's petition was | ||
filed, and shall, not later than 12:00 noon on the
second | ||
business day after receipt of the petition,
transmit by | ||
registered mail or receipted personal delivery
the petition | ||
for the public question and the original objector's petition
| ||
to the chair of the proper electoral board designated in | ||
Section 10-9
hereof, or his authorized agent, and shall |
transmit a copy by
registered mail or receipted personal | ||
delivery, of the objector's petition
to the person designated | ||
on a certificate attached to the petition as the
principal | ||
proponent of the public question, or as the proponent's | ||
attorney,
for the purposes of receiving notice of objections.
| ||
The objector's petition shall give the objector's name and | ||
residence
address, and shall state fully the nature of the | ||
objections to the
certificate of nomination or nomination | ||
papers or petitions in question,
and shall state the interest | ||
of the objector and shall state what relief
is requested of the | ||
electoral board.
| ||
The provisions of this Section and of Sections 10-9, 10-10 | ||
and
10-10.1 shall also apply to and govern objections to | ||
petitions for
nomination filed under Article 7 or Article 8, | ||
except as otherwise
provided in Section 7-13 for cases to | ||
which it is applicable, and also
apply to and govern petitions | ||
for the submission of public questions under
Article 28.
| ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
| ||
(10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
| ||
Sec. 10-14. Except as otherwise provided in this Code, not | ||
Not less than 74 days before the date of the general election
| ||
the State Board of Elections shall certify to the county clerk | ||
of each
county the name of each candidate whose nomination | ||
papers,
certificate of nomination or resolution to fill a | ||
vacancy in nomination
has been filed with
the State Board of |
Elections and direct the county clerk to place upon
the | ||
official ballot for the general election the names of such | ||
candidates
in the same manner and in the same order as shown | ||
upon the certification. The name of no
candidate for an office | ||
to
be filled by the electors of the entire state shall be | ||
placed upon the
official ballot unless his name is duly | ||
certified to the county clerk
upon a certificate signed by the | ||
members of the State Board of
Elections. The names of group | ||
candidates on petitions shall be certified
to the several | ||
county clerks in the order
in which such names appear on such | ||
petitions filed with
the State Board of Elections.
| ||
Except as otherwise provided in this Code, not Not less | ||
than 68 days before the date of the general election, each
| ||
county clerk shall certify the names of each of the candidates | ||
for county
offices whose nomination papers, certificates of | ||
nomination or resolutions
to fill a vacancy in nomination have | ||
been filed with such clerk and declare
that the names of such | ||
candidates for the respective offices shall be
placed upon the | ||
official ballot for the general election in the same manner
| ||
and in the same order as shown upon the certification. Each | ||
county clerk
shall place a copy of the certification on file in | ||
his or her office and at
the same time issue to the State Board | ||
of Elections a copy of such
certification. In addition, each | ||
county clerk in whose county there is a
board of election | ||
commissioners
shall, not
less than 69 days before the | ||
election, certify to the board of election
commissioners the |
name of the person or persons nominated for such
office as | ||
shown by the certificate of the State Board of Elections,
| ||
together with the names of all other candidates as shown
by the | ||
certification of county officers on file in the clerk's | ||
office, and
in the order so certified. The county clerk or | ||
board of election commissioners
shall print
the names of the | ||
nominees on the ballot for each office in the order in
which | ||
they are certified to or filed with the county clerk; | ||
provided,
that in printing the name of nominees for any | ||
office, if any of such
nominees have also been nominated by one | ||
or more political parties
pursuant to this Act, the location | ||
of the name of such candidate on the
ballot for nominations | ||
made under this Article shall be precisely in the
same order in | ||
which it appears on the certification of the State Board
of | ||
Elections to the county clerk.
| ||
For the general election,
the candidates of new political | ||
parties shall be placed on the ballot for
said election after | ||
the established political party candidates
and in the order of | ||
new political party petition filings.
| ||
Each certification shall indicate, where applicable, the | ||
following:
| ||
(1) The political party affiliation if any, of the | ||
candidates for the
respective offices;
| ||
(2) If there is to be more than one candidate elected | ||
to an office from
the State, political subdivision or | ||
district;
|
(3) If the voter has the right to vote for more than | ||
one candidate for an office;
| ||
(4) The term of office, if a vacancy is to be filled | ||
for less than a
full term or if the offices to be filled in | ||
a political subdivision are for
different terms.
| ||
The State Board of Elections or the county clerk, as the | ||
case may be,
shall issue an amended certification whenever it | ||
is discovered that the
original certification is in error.
| ||
(Source: P.A. 96-1008, eff. 7-6-10.)
| ||
(10 ILCS 5/11-8 new) | ||
Sec. 11-8. Vote centers. | ||
(a) Notwithstanding any law to the contrary, election
| ||
authorities shall establish one location to be located at an
| ||
office of the election authority or in the largest | ||
municipality
within its jurisdiction where all voters in its | ||
jurisdiction
are allowed to vote on election day during | ||
polling place hours,
regardless of the precinct in which they | ||
are registered. An
election authority establishing such a | ||
location under this Section shall identify the location, hours | ||
of
operation, and health and safety requirements by the 40th | ||
day
preceding the 2022 general primary election and certify | ||
such to the
State Board of Elections. | ||
(b) This Section is repealed on January 1, 2023.
| ||
(10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
|
Sec. 16-3. (a) The names of all candidates to be voted for | ||
in each
election district or precinct shall be printed on one | ||
ballot, except as
is provided in Sections 16-6.1 and 21-1.01 | ||
of this Act and except as otherwise
provided in this Act with | ||
respect to the odd year regular elections and
the emergency | ||
referenda; all nominations
of any political party being placed | ||
under the party appellation or title
of such party as | ||
designated in the certificates of nomination or
petitions. The | ||
names of all independent candidates shall be printed upon
the | ||
ballot in a column or columns under the heading "independent"
| ||
arranged under the names or titles of the respective offices | ||
for which
such independent candidates shall have been | ||
nominated and so far as
practicable, the name or names of any | ||
independent candidate or
candidates for any office shall be | ||
printed upon the ballot opposite the
name or names of any | ||
candidate or candidates for the same office
contained in any | ||
party column or columns upon said ballot. The ballot
shall | ||
contain no other names, except that in cases of electors for
| ||
President and Vice-President of the United States, the names | ||
of the
candidates for President and Vice-President may be | ||
added to the party
designation and words calculated to aid the | ||
voter in his choice of candidates
may be added, such as "Vote | ||
for one," "Vote for not more than three." If no candidate or | ||
candidates file for an office and if no person or persons file | ||
a declaration as a write-in candidate for that office, then | ||
below the title of that office the election authority instead |
shall print "No Candidate". When an electronic
voting system | ||
is used which utilizes a ballot label booklet, the candidates
| ||
and questions shall appear on the pages of such booklet in the | ||
order
provided by this Code; and, in any case where candidates | ||
for an office
appear on a page which does not contain the name | ||
of any candidate for
another office, and where less than 50% of | ||
the page is utilized, the name of
no candidate shall be printed | ||
on the lowest 25% of such page. On the back or
outside of the | ||
ballot, so as to appear when folded, shall be printed the words
| ||
"Official Ballot", followed by the designation of the polling | ||
place for
which the ballot is prepared, the date of the | ||
election and a facsimile
of the signature of the election | ||
authority who has caused the ballots to
be printed. The | ||
ballots shall be of plain white paper, through which the
| ||
printing or writing cannot be read. However, ballots for use | ||
at the
nonpartisan and consolidated elections may be printed | ||
on different color
paper, except blue paper, whenever | ||
necessary or desirable to facilitate
distinguishing between | ||
ballots for different political subdivisions. In
the case of | ||
nonpartisan elections for officers of a political
subdivision, | ||
unless the statute or an ordinance adopted pursuant to
Article | ||
VII of the Constitution providing the form of government
| ||
therefor requires otherwise, the column listing such | ||
nonpartisan
candidates shall be printed with no appellation or | ||
circle at its head.
The party appellation or title, or the word | ||
"independent" at the head of
any column provided for |
independent candidates, shall be printed in letters not less | ||
than one-fourth of an inch in height
and a
circle one-half inch | ||
in diameter shall be printed at the beginning of
the line in | ||
which such appellation or title is printed, provided,
however, | ||
that no such circle shall be printed at the head of any column
| ||
or columns provided for such independent candidates. The names | ||
of
candidates shall be printed in letters not less than | ||
one-eighth
nor more than one-fourth of an inch in height, and | ||
at the beginning of
each line in which a name of a candidate is | ||
printed a square shall be
printed, the sides of which shall be | ||
not less than one-fourth of an inch
in length. However, the | ||
names of the candidates for Governor and
Lieutenant Governor | ||
on the same ticket shall be printed within a bracket
and a | ||
single square shall be printed in front of the bracket. The | ||
list
of candidates of the several parties and any such list of | ||
independent
candidates shall be placed in separate columns on | ||
the ballot in such
order as the election authorities charged | ||
with the printing of the
ballots shall decide; provided, that | ||
the names of the candidates of the
several political parties, | ||
certified by the State Board of Elections to
the several | ||
county clerks shall be printed by the county clerk of the
| ||
proper county on the official ballot in the order certified by | ||
the State
Board of Elections. Any county clerk refusing, | ||
neglecting or failing to
print on the official ballot the | ||
names of candidates of the several
political parties in the | ||
order certified by the State Board of
Elections, and any |
county clerk who prints or causes to be printed upon
the | ||
official ballot the name of a candidate, for an office to be | ||
filled
by the Electors of the entire State, whose name has not | ||
been duly
certified to him upon a certificate signed by the | ||
State Board of
Elections shall be guilty of a Class C | ||
misdemeanor.
| ||
(b) When an electronic voting system is used which | ||
utilizes a ballot
card,
on the inside flap of each ballot card | ||
envelope there shall be printed
a form for write-in voting | ||
which shall be substantially as follows:
| ||
WRITE-IN VOTES
| ||
(See card of instructions for specific information. | ||
Duplicate form below
by hand for additional write-in votes.)
| ||
_____________________________
| ||
Title of Office
| ||
( ) ____________________________
| ||
Name of Candidate
| ||
Write-in lines equal to the number of candidates for which | ||
a voter may vote shall be printed for an office only if one or | ||
more persons filed declarations of intent to be write-in | ||
candidates or qualify to file declarations to be write-in | ||
candidates under Sections 17-16.1 and 18-9.1 when the | ||
certification of ballot contains the words "OBJECTION | ||
PENDING".
| ||
(c) When an electronic voting system is used which uses a | ||
ballot sheet,
the
instructions to voters on the ballot sheet |
shall refer the voter to the
card of instructions for specific | ||
information on write-in voting. Below
each office appearing on | ||
such ballot sheet there shall be a provision for
the casting of | ||
a write-in vote. Write-in lines equal to the number of | ||
candidates for which a voter may vote shall be printed for an | ||
office only if one or more persons filed declarations of | ||
intent to be write-in candidates or qualify to file | ||
declarations to be write-in candidates under Sections 17-16.1 | ||
and 18-9.1 when the certification of ballot contains the words | ||
"OBJECTION PENDING".
| ||
(d) When such electronic system is used, there shall be | ||
printed on the
back of each ballot card, each ballot card | ||
envelope, and
the first page of the ballot label when a ballot | ||
label is used, the
words "Official Ballot," followed by the | ||
number of the
precinct or other precinct identification, which | ||
may be stamped, in lieu
thereof and, as applicable, the number | ||
and name of the township, ward
or other election district for | ||
which the ballot card, ballot card
envelope, and ballot label | ||
are prepared, the date of the election and a
facsimile of the | ||
signature of the election authority who has caused the
ballots | ||
to be printed. The back of the ballot card shall also include
a | ||
method of identifying the ballot configuration such as a | ||
listing of the
political subdivisions and districts for which | ||
votes may be cast on that
ballot, or a number code identifying | ||
the ballot configuration or color coded
ballots, except that | ||
where there is only one ballot configuration in a
precinct, |
the precinct identification, and any applicable ward
| ||
identification, shall be sufficient. Ballot card envelopes | ||
used in punch
card systems shall be of paper through which no | ||
writing or punches may be
discerned and shall be of sufficient | ||
length to enclose all voting
positions. However, the election | ||
authority may provide
ballot card envelopes on which no | ||
precinct number or township, ward or
other election district | ||
designation, or election date are preprinted, if
space and a | ||
preprinted form are provided below the space provided for
the | ||
names of write-in candidates where such information may be | ||
entered
by the judges of election. Whenever an election | ||
authority utilizes
ballot card envelopes on which the election | ||
date and precinct is not
preprinted, a judge of election shall | ||
mark such information for the
particular precinct and election | ||
on the envelope in ink before tallying
and counting any | ||
write-in vote written thereon.
If some method of insuring | ||
ballot secrecy other than an envelope is used,
such | ||
information must be provided on the ballot itself.
| ||
(e) In the designation of the name of a candidate on the | ||
ballot, the
candidate's given name or names, initial or | ||
initials, a nickname by
which the candidate is commonly known, | ||
or a combination thereof, may be
used in addition to the | ||
candidate's surname. If a candidate has changed his or her | ||
name, whether by a statutory or common law procedure in | ||
Illinois or any other jurisdiction, within 3 years before the | ||
last day for filing the petition for nomination, nomination |
papers, or certificate of nomination for that office, | ||
whichever is applicable, then (i) the candidate's name on the | ||
ballot must be followed by "formerly known as (list all prior | ||
names during the 3-year period) until name changed on (list | ||
date of each such name change)" and (ii) the petition, papers, | ||
or certificate must be accompanied by the candidate's | ||
affidavit stating the candidate's previous names during the | ||
period specified in (i) and the date or dates each of those | ||
names was changed; failure to meet these requirements shall be | ||
grounds for denying certification of the candidate's name for | ||
the ballot or removing the candidate's name from the ballot, | ||
as appropriate, but these requirements do not apply to name | ||
changes resulting from adoption to assume an adoptive parent's | ||
or parents' surname, marriage or civil union to assume a | ||
spouse's surname, or dissolution of marriage or civil union or | ||
declaration of invalidity of marriage or civil union to assume | ||
a former surname or a name change that conforms the | ||
candidate's name to his or her gender identity . No other | ||
designation such
as a political slogan, title, or degree or | ||
nickname suggesting or
implying possession of a
title, degree | ||
or professional status, or similar information may be used
in | ||
connection with the candidate's surname.
For purposes of this | ||
Section, a "political slogan" is defined as any
word or words | ||
expressing or connoting a position, opinion, or belief that | ||
the
candidate may espouse, including but not limited to, any | ||
word or words
conveying any meaning other than that of the |
personal identity of the
candidate. A
candidate may not use a | ||
political slogan as part of his or her name on the
ballot, | ||
notwithstanding that the political slogan may be part of the
| ||
candidate's name.
| ||
(f) The State Board of Elections, a local election | ||
official, or an
election
authority shall remove any | ||
candidate's name designation from a ballot that is
| ||
inconsistent with subsection (e) of this Section. In addition, | ||
the State Board
of Elections, a local election official, or an | ||
election authority shall not
certify to any election authority | ||
any candidate name designation that is
inconsistent with | ||
subsection (e) of this Section.
| ||
(g) If the State Board of Elections, a local election | ||
official, or an
election
authority removes a candidate's name | ||
designation from a ballot under
subsection (f) of this | ||
Section, then the aggrieved candidate may seek
appropriate | ||
relief in circuit court.
| ||
Where voting machines or electronic voting systems are | ||
used, the
provisions of this Section may be modified as | ||
required or authorized by
Article 24 or Article 24A, whichever | ||
is applicable.
| ||
Nothing in this Section shall prohibit election | ||
authorities from using
or reusing ballot card envelopes which | ||
were printed before the effective
date of this amendatory Act | ||
of 1985.
| ||
(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07; |
95-862, eff. 8-19-08.)
| ||
(10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
| ||
Sec. 16-5.01. (a) Except as otherwise provided in this | ||
Code, the The election authority shall, at least 46
days prior | ||
to the date of any election at which federal officers
are | ||
elected and 45 days prior to any other regular election, have a
| ||
sufficient number of ballots printed so that such ballots will | ||
be available
for mailing 45 days prior to the date of the | ||
election to persons who have
filed application for a ballot | ||
under the provisions of Article 20 of this Act.
| ||
(b) If at any election at which federal offices are | ||
elected
or nominated the election authority is unable to | ||
comply with the provisions
of subsection (a), the election | ||
authority shall mail to each such person, in
lieu of the | ||
ballot, a Special Write-in Vote by Mail Voter's Blank Ballot.
| ||
The Special Write-in Vote by Mail Voter's Blank Ballot shall | ||
be used at
all elections at which federal officers are elected | ||
or nominated and shall be
prepared by the election authority | ||
in substantially the following form:
| ||
Special Write-in Vote by Mail Voter's Blank Ballot
| ||
(To vote for a person, write the title of the office and | ||
his or her name
on the lines provided. Place to the left of and | ||
opposite the title of
office a square and place a cross (X) in | ||
the square.)
| ||
Title of Office Name of Candidate
|
( )
| ||
( )
| ||
( )
| ||
( )
| ||
( )
| ||
( )
| ||
The election authority shall send with the Special | ||
Write-in Vote by Mail
Voter's Blank Ballot a list of all | ||
referenda for which the voter is qualified
to vote and all | ||
candidates for whom nomination papers have been filed and
for | ||
whom the voter is qualified to vote. The voter shall be | ||
entitled to
write in the name of any candidate seeking
| ||
election and any referenda for which he or she is entitled to | ||
vote.
| ||
On the back or outside of the ballot, so as to appear when | ||
folded, shall
be printed the words "Official Ballot", the date | ||
of the election and a
facsimile of the signature of the | ||
election authority who has caused the
ballot to be printed.
| ||
The provisions of Article 20, insofar as they may be | ||
applicable to the
Special Write-in Vote by Mail Voter's Blank | ||
Ballot, shall be applicable herein.
| ||
(c) Notwithstanding any provision of this Code or other | ||
law
to the contrary, the governing body of a municipality may | ||
adopt, upon submission of a written statement by the | ||
municipality's election authority attesting to the | ||
administrative ability of the election authority to administer |
an election using a ranked ballot to the municipality's | ||
governing body,
an ordinance requiring, and that | ||
municipality's election
authority shall prepare, a ranked vote | ||
by mail ballot for
municipal and township office candidates to | ||
be voted on in the consolidated
election.
This ranked ballot | ||
shall be for use only by
a qualified voter who either is a | ||
member of the United States
military or will be outside of the | ||
United States on the
consolidated primary election day and the | ||
consolidated
election day. The ranked ballot shall contain a | ||
list of the
titles of all municipal and township offices | ||
potentially contested at both the consolidated
primary | ||
election and the consolidated election and the candidates for | ||
each office and shall
permit the elector to vote in the | ||
consolidated election by
indicating his or her order of | ||
preference for each candidate
for each office. To indicate his | ||
or her order of preference for
each candidate for each office, | ||
the voter shall put the number
one next to the name of the | ||
candidate who is the voter's first
choice, the number 2 for his | ||
or her second choice, and so forth
so that, in consecutive | ||
numerical order, a number indicating
the voter's preference is | ||
written by the voter next to each
candidate's name on the | ||
ranked ballot. The voter shall not be required
to indicate his | ||
or her preference for more than one candidate
on the ranked | ||
ballot. The voter may not cast a write-in vote using the ranked | ||
ballot for the consolidated election. The election authority | ||
shall, if using the
ranked vote by mail ballot authorized by |
this subsection, also
prepare instructions for use of the | ||
ranked ballot. The ranked ballot for the consolidated election | ||
shall be mailed to the voter at the same time that the ballot | ||
for the consolidated primary election is mailed to the voter | ||
and the election authority shall accept the completed ranked | ||
ballot for the consolidated election when the authority | ||
accepts the completed ballot for the consolidated primary | ||
election.
| ||
The voter shall also be sent a vote by mail ballot for the | ||
consolidated election for those races that are not related to | ||
the results of the consolidated primary election as soon as | ||
the consolidated election ballot is certified.
| ||
The State Board of Elections shall adopt rules for | ||
election
authorities for the implementation of this | ||
subsection,
including but not limited to the application for | ||
and counting
of ranked ballots.
| ||
(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
| ||
Sec. 17-13.
(a) In the case of an emergency, as determined | ||
by the
State Board of Elections, or if the Board determines | ||
that all potential
polling places have been surveyed by the | ||
election authority and that no
accessible polling place, as | ||
defined by rule of the State Board of
Elections, is available | ||
within a precinct nor is the election authority
able to make a | ||
polling place within the precinct temporarily accessible,
the |
Board, upon written application by the election authority, is
| ||
authorized to grant an exemption from the accessibility | ||
requirements of the
Federal Voting Accessibility for the | ||
Elderly and Handicapped Act (Public
Law 98-435). Such | ||
exemption shall be valid for a period of 2 years.
| ||
(b) Any voter with a temporary or permanent disability | ||
who,
because of structural features of the building in which | ||
the polling place
is located, is unable to access or enter the | ||
polling place, may request
that 2 judges of election of | ||
opposite party affiliation deliver a ballot to
him or her at | ||
the point where he or she is unable to continue forward
motion | ||
toward the polling place; but, in no case, shall a ballot be
| ||
delivered to the voter beyond 50 feet of the entrance to the | ||
building in
which the polling place is located. Such request | ||
shall be made to the
election authority not later than the | ||
close of business at the election
authority's office on the | ||
day before the election and on a form prescribed
by the State | ||
Board of Elections. The election authority shall notify the
| ||
judges of election for the appropriate precinct polling places | ||
of such requests.
| ||
Weather permitting, 2 judges of election shall deliver to | ||
the
voter with a disability the ballot which he or she is | ||
entitled to vote, a portable
voting booth or other enclosure | ||
that will allow such voter to mark his or
her ballot in | ||
secrecy, and a marking device.
| ||
(c) The voter must complete the entire voting process, |
including the
application for ballot from which the judges of | ||
election shall compare the
voter's signature with the | ||
signature on his or her registration record card
in the | ||
precinct binder.
| ||
(d) Election authorities may establish curb-side voting | ||
for individuals to cast a ballot during early voting or on | ||
election day. An election authority's curb-side voting program | ||
shall designate at least 2 election judges from opposite | ||
parties per vehicle and the individual must have the option to | ||
mark the ballot without interference from the election judges. | ||
After the voter has marked his or her ballot and placed it | ||
in the
ballot envelope (or folded it in the manner prescribed | ||
for paper ballots),
the 2 judges of election shall return the | ||
ballot to the polling place and
give it to the judge in charge | ||
of the ballot box who shall deposit it therein.
| ||
Pollwatchers as provided in Sections 7-34 and 17-23 of | ||
this Code shall
be permitted to accompany the judges and | ||
observe the above procedure.
| ||
No assistance may be given to such voter in marking his or | ||
her ballot,
unless the voter requests assistance and completes | ||
the affidavit required
by Section 17-14 of this Code.
| ||
(Source: P.A. 102-1, eff. 4-2-21.)
| ||
(10 ILCS 5/17-13.5 new) | ||
Sec. 17-13.5. Curbside voting. Election authorities may | ||
establish curbside voting for individuals to cast a ballot |
during early voting or on election day. An election | ||
authority's curbside voting program shall designate at least 2 | ||
election judges from opposite parties per vehicle, and the | ||
individual shall have the opportunity to mark the ballot | ||
without interference from the election judges.
| ||
(10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
| ||
Sec. 17-16.1. Except as otherwise provided in this Code, | ||
write-in Write-in votes shall be counted only for persons who | ||
have
filed notarized declarations of intent to be write-in | ||
candidates with
the proper election authority or authorities | ||
not later than 61 days prior to
the election. However, | ||
whenever an objection to a candidate's nominating papers or | ||
petitions for any office is sustained under Section 10-10 | ||
after the 61st day before the election, then write-in votes | ||
shall be counted for that candidate if he or she has filed a | ||
notarized declaration of intent to be a write-in candidate for | ||
that office with the proper election authority or authorities | ||
not later than 7 days prior to the election.
| ||
Forms for the declaration of intent to be a write-in | ||
candidate shall
be supplied by the election authorities. Such | ||
declaration shall specify
the office for which the person | ||
seeks election as a write-in candidate.
| ||
The election authority or authorities shall deliver a list | ||
of all persons
who have filed such declarations to the | ||
election judges in the appropriate
precincts prior to the |
election.
| ||
A candidate for whom a nomination paper has been filed as a | ||
partisan
candidate at a primary election, and who is defeated | ||
for his or her
nomination at the primary election is | ||
ineligible to file a declaration of
intent to be a write-in | ||
candidate for election in that general or consolidated
| ||
election.
| ||
A candidate seeking election to an office for which | ||
candidates of
political parties are nominated by caucus who is | ||
a participant in the
caucus and who is defeated for his or her | ||
nomination at such caucus is
ineligible to file a declaration | ||
of intent to be a write-in candidate for
election in that | ||
general or consolidated election.
| ||
A candidate seeking election to an office for which | ||
candidates are
nominated at a primary election on a | ||
nonpartisan basis and who is defeated
for his or her | ||
nomination at the primary election is ineligible to file a
| ||
declaration of intent to be a write-in candidate for election | ||
in that
general or consolidated election.
| ||
Nothing in this Section shall be construed to apply to | ||
votes
cast under the provisions of subsection (b) of Section | ||
16-5.01.
| ||
(Source: P.A. 95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
| ||
Sec. 18-9.1. Except as otherwise provided in this Code, |
write-in Write-in votes shall be counted only for persons who | ||
have
filed notarized declarations of intent to be write-in | ||
candidates with
the proper election authority or authorities | ||
not later than 61 days prior to
the election. However, | ||
whenever an objection to a candidate's nominating papers or | ||
petitions is sustained under Section 10-10 after the 61st day | ||
before the election, then write-in votes shall be counted for | ||
that candidate if he or she has filed a notarized declaration | ||
of intent to be a write-in candidate for that office with the | ||
proper election authority or authorities not later than 7 days | ||
prior to the election.
| ||
Forms for the declaration of intent to be a write-in | ||
candidate shall
be supplied by the election authorities. Such | ||
declaration shall specify
the office for which the person | ||
seeks election as a write-in candidate.
| ||
The election authority or authorities shall deliver a list | ||
of all persons
who have filed such declarations to the | ||
election judges in the appropriate
precincts prior to the | ||
election.
| ||
A candidate for whom a nomination paper has been filed as a | ||
partisan
candidate at a primary election, and who is defeated | ||
for his or her
nomination at the primary election, is | ||
ineligible to file a declaration of
intent to be a write-in | ||
candidate for election in that general or
consolidated | ||
election.
| ||
A candidate seeking election to an office for which |
candidates of
political parties are nominated by caucus who is | ||
a participant in the
caucus and who is defeated for his or her | ||
nomination at such caucus is
ineligible to file a declaration | ||
of intent to be a write-in candidate for
election in that | ||
general or consolidated election.
| ||
A candidate seeking election to an office for which | ||
candidates are
nominated at a primary election on a | ||
nonpartisan basis and who is defeated
for his or her | ||
nomination at the primary election is ineligible to file a
| ||
declaration of intent to be a write-in candidate for election | ||
in that
general or consolidated election.
| ||
Nothing in this Section shall be construed to apply to | ||
votes
cast under the provisions of subsection (b) of Section | ||
16-5.01.
| ||
(Source: P.A. 95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | ||
Sec. 19-2. Except as otherwise provided in this Code, any | ||
Any elector as defined in Section 19-1 may by mail or | ||
electronically on the website of the appropriate election | ||
authority, not more than 90 nor less than 5 days prior to the
| ||
date of such election, or by personal delivery not more than 90 | ||
nor less
than one day prior to the date of such election, make | ||
application to the
county clerk or to the Board of Election | ||
Commissioners for an official
ballot for the voter's precinct | ||
to be voted at such election , or be added to a list of |
permanent vote by mail status voters who receive an official | ||
vote by mail ballot for subsequent elections. Voters who make | ||
an application for permanent vote by mail ballot status shall | ||
follow the procedures specified in Section 19-3. Voters whose | ||
application for permanent vote by mail status is accepted by | ||
the election authority shall remain on the permanent vote by | ||
mail list until the voter requests to be removed from | ||
permanent vote by mail status, the voter provides notice to | ||
the election authority of a change in registration, or the | ||
election authority receives confirmation that the voter has | ||
subsequently registered to vote in another county . The URL | ||
address at which voters may electronically request a vote by | ||
mail ballot shall be fixed no later than 90 calendar days | ||
before an election and shall not be changed until after the | ||
election.
Such a ballot shall be delivered to the elector only | ||
upon separate application by the elector for each election.
| ||
(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; | ||
98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/19-2.4 new) | ||
Sec. 19-2.4. Vote by mail; accommodation for voters with a | ||
disability. By December 31, 2021, the State Board of Elections | ||
shall prepare and submit to the General Assembly proposed | ||
legislation establishing a procedure to send vote by mail | ||
ballots via electronic transmission and enable a voter with a | ||
disability to independently and privately mark a ballot using |
assistive technology in order for the voter to vote by mail. | ||
Prior to submission, the State Board of Elections shall | ||
solicit public commentary and conduct at least 2 public | ||
hearings on its proposed legislation. | ||
(10 ILCS 5/19-2.5 new) | ||
Sec. 19-2.5. Notice for vote by mail ballot. An election | ||
authority shall notify all qualified voters, not more than 90 | ||
days nor less than 45 days before a general election, of the | ||
option for permanent vote by mail status using the following | ||
notice and including the application for permanent vote by | ||
mail status in subsection (b) of Section 19-3: | ||
"You may apply to permanently be placed on vote by mail | ||
status using the attached application.". | ||
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||
Sec. 19-3. Application for a vote by mail ballot. | ||
(a) The
application for a vote by mail ballot for a single | ||
election shall be substantially in the
following form: | ||
APPLICATION FOR VOTE BY MAIL BALLOT | ||
To be voted at the .... election in the County of .... and | ||
State of
Illinois, in the .... precinct of the (1) *township of | ||
.... (2) *City of
.... or (3) *.... ward in the City of .... | ||
I state that I am a resident of the .... precinct of the | ||
(1)
*township of .... (2) *City of .... or (3) *.... ward in | ||
the city of
.... residing at .... in such city or town in the |
county of .... and
State of Illinois; that I have lived at such | ||
address for .... month(s)
last past; that I am lawfully | ||
entitled to vote in such precinct at the
.... election to be | ||
held therein on ....; and that I wish to vote by vote by mail | ||
ballot. | ||
I hereby make application for an official ballot or | ||
ballots to be
voted by me at such election, and I agree that I | ||
shall return such ballot or ballots to the
official issuing | ||
the same prior to the closing of the polls on the date
of the | ||
election or, if returned by mail, postmarked no later than | ||
election day, for counting no later than during the period for | ||
counting provisional ballots, the last day of which is the | ||
14th day following election day. | ||
I understand that this application is made for an official | ||
vote by mail ballot or ballots to be voted by me at the | ||
election specified in this application and that I must submit | ||
a separate application for an official vote by mail ballot or | ||
ballots to be voted by me at any subsequent election. | ||
Under penalties as provided by law pursuant to Section | ||
29-10 of the
Election Code, the undersigned certifies that the | ||
statements set forth
in this application are true and correct. | ||
.... | ||
*fill in either (1), (2) or (3). | ||
Post office address to which ballot is mailed: | ||
............... | ||
(b) The application for permanent vote by mail status |
shall be substantially in the following form: | ||
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS | ||
I am currently a registered voter and wish to apply for | ||
permanent vote by mail status. | ||
I state that I am a resident of the City of .... residing | ||
at .... in such city in the county of .... and State of | ||
Illinois; that I have lived at such address for .... month(s) | ||
last past; that I am lawfully entitled to vote in such precinct | ||
at the .... election to be held therein on ....; and that I | ||
wish to vote by vote by mail ballot in: | ||
..... all subsequent elections that do not require a party | ||
designation. | ||
..... all subsequent elections, and I wish to receive a | ||
................... Party vote by mail ballot in | ||
elections that require a party designation. | ||
I hereby make application for an official ballot or | ||
ballots to be voted by me at such election, and I agree that I | ||
shall return such ballot or ballots to the official issuing | ||
the same prior to the closing of the polls on the date of the | ||
election or, if returned by mail, postmarked no later than | ||
election day, for counting no later than during the period for | ||
counting provisional ballots, the last day of which is the | ||
14th day following election day. | ||
Under penalties as provided by law under Section 29-10 of | ||
the Election Code, the undersigned certifies that the | ||
statements set forth in this application are true and correct. |
.... | ||
Post office address to which ballot is mailed: | ||
............................................................. | ||
(c) However, if application is made for a primary election | ||
ballot, such
application shall require the applicant to | ||
designate the name of the political party with which
the | ||
applicant is affiliated. The election authority shall allow | ||
any voter on permanent vote by mail status to change his or her | ||
party affiliation for a primary election ballot by a method | ||
and deadline published and selected by the election authority. | ||
(d) If application is made electronically, the applicant | ||
shall mark the box associated with the above described | ||
statement included as part of the online application | ||
certifying that the statements set forth in the this | ||
application under subsection (a) or (b) are true and correct, | ||
and a signature is not required. | ||
(e) Any person may produce, reproduce, distribute, or | ||
return to an election authority an the application under this | ||
Section for vote by mail ballot . If applications are sent to a | ||
post office box controlled by any individual or organization | ||
that is not an election authority, those applications shall | ||
(i) include a valid and current phone number for the | ||
individual or organization controlling the post office box and | ||
(ii) be turned over to the appropriate election authority | ||
within 7 days of receipt or, if received within 2 weeks of the | ||
election in which an applicant intends to vote, within 2 days |
of receipt. Failure to turn over the applications in | ||
compliance with this paragraph shall constitute a violation of | ||
this Code and shall be punishable as a petty offense with a | ||
fine of $100 per application. Removing, tampering with, or | ||
otherwise knowingly making the postmark on the application | ||
unreadable by the election authority shall establish a | ||
rebuttable presumption of a violation of this paragraph. Upon | ||
receipt, the appropriate election authority shall accept and | ||
promptly process any application under this Section for vote | ||
by mail ballot submitted in a form substantially similar to | ||
that required by this Section, including any substantially | ||
similar production or reproduction generated by the applicant. | ||
(f) An election authority may combine the applications in | ||
subsections (a) and (b) onto one form, but the distinction | ||
between the applications must be clear and the form must | ||
provide check boxes for an applicant to indicate whether he or | ||
she is applying for a single election vote by mail ballot or | ||
for permanent vote by mail status. | ||
(Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.) | ||
(10 ILCS 5/19A-15)
| ||
Sec. 19A-15. Period for early voting; hours.
| ||
(a) Except as otherwise provided in this Code, the The | ||
period for early voting by personal appearance begins the 40th | ||
day preceding a general primary, consolidated primary, | ||
consolidated, or
general election and extends through the end |
of the day before election day.
| ||
(b) Except as otherwise provided by this Section, a | ||
permanent polling place for early voting must remain open | ||
beginning the 15th day before an election through the end of | ||
the day before election day during the
hours of 8:30 a.m. to | ||
4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that | ||
beginning 8 days before election day, a permanent polling | ||
place for early voting must remain open during the hours of | ||
8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and
9:00 | ||
a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to | ||
4 p.m. on Sundays; except that, in addition to the hours | ||
required by this subsection, a permanent polling place | ||
designated by an election authority under subsections (c), | ||
(d), and (e) of Section 19A-10 must remain open for a total of | ||
at least 8 hours on any holiday during the early voting period | ||
and a total of at least 14 hours on the final weekend during | ||
the early voting period.
| ||
(c) Notwithstanding subsection (b), an election authority | ||
may close an early voting polling place if the building in | ||
which the polling place is located has been closed by the State | ||
or unit of local government in response to a severe weather | ||
emergency or other force majeure. The election authority shall | ||
notify the State Board of Elections of any closure and shall | ||
make reasonable efforts to provide notice to the public of an | ||
alternative location for early voting. | ||
(d) (Blank). |
(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, | ||
eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; | ||
98-1171, eff. 6-1-15 .) | ||
(10 ILCS 5/19A-20)
| ||
Sec. 19A-20. Temporary branch polling places.
| ||
(a) In addition to permanent polling places for early | ||
voting, the election
authority may establish temporary branch | ||
polling places for early voting.
| ||
(b) The provisions of subsection (b) of Section 19A-15 do | ||
not apply to a
temporary polling place. Voting at a temporary | ||
branch polling place may be
conducted on any one or more days | ||
and during any hours within the period for
early voting by | ||
personal appearance that are determined by the election
| ||
authority.
| ||
(c) The schedules for conducting voting do not need to be | ||
uniform among the
temporary branch polling places.
| ||
(d) The legal rights and remedies which inure to the owner | ||
or lessor of
private property are not impaired or otherwise | ||
affected by the leasing of the
property for use as a temporary | ||
branch polling place for early voting, except
to the extent | ||
necessary to conduct early voting at that location.
| ||
(e) In a county with a population of : | ||
(1) 3,000,000 or more, the election authority in the | ||
county shall establish a temporary branch polling place | ||
under this Section in the county jail. Only a resident of a |
county who is in custody at the county jail and who has not | ||
been convicted of the offense for which the resident is in | ||
custody is eligible to vote at a temporary branch polling | ||
place established under this paragraph (1) subsection . The | ||
temporary branch polling place established under this | ||
paragraph (1) subsection shall allow a voter to vote in | ||
the same elections that the voter would be entitled to | ||
vote in where the voter resides. To the maximum extent | ||
feasible, voting booths or screens shall be provided to | ||
ensure the privacy of the voter. | ||
(2) less than 3,000,000, the sheriff may establish a | ||
temporary branch polling place at the county jail. Only a | ||
resident of a county who is in custody at the county jail | ||
and who has not been convicted of the offense for which the | ||
resident is in custody is eligible to vote at a temporary | ||
branch polling place established under this paragraph (2). | ||
A temporary branch polling place established under this | ||
paragraph (2) shall allow a voter to vote in the same | ||
elections that the voter would be entitled to vote in | ||
where the voter resides. To the maximum extent feasible, | ||
voting booths or screens shall be provided to ensure the | ||
privacy of the voter. | ||
All provisions of this Code applicable to pollwatchers | ||
shall apply to a temporary branch polling place under this | ||
subsection (e), subject to approval from the election | ||
authority and the county jail, except that nonpartisan |
pollwatchers shall be limited to one per division within the | ||
jail instead of one per precinct. A county that establishes a | ||
temporary branch polling place inside a county jail in | ||
accordance with this subsection (e) shall adhere to all | ||
requirements of this subsection (e). All requirements of the | ||
federal Voting Rights Act of 1965 and Sections 203 and 208 of | ||
the federal Americans with Disabilities Act shall apply to | ||
this subsection (e). | ||
(Source: P.A. 101-442, eff. 1-1-20 .)
| ||
(10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1)
| ||
Sec. 23-6.1.
Whenever an election contest for a municipal | ||
trustee or alderperson alderman
is brought involving ballots | ||
from the same precincts which are subject to
the jurisdiction | ||
of the circuit court by virtue of the pendency of an election
| ||
contest for another office, the municipal council or board of | ||
trustees having
jurisdiction of the municipal election contest | ||
shall have priority of access
and possession of the ballots | ||
and other election materials for the purpose
of conducting a | ||
recount or other related proceedings for a period of 30
days | ||
following the commencement of the municipal election contest. | ||
The
election authority shall notify the court and the | ||
municipal council or board
of the pendency of all other | ||
contests relating to the same
precincts.
| ||
(Source: P.A. 90-655, eff. 7-30-98.)
|
(10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
| ||
Sec. 25-6. General Assembly vacancies. (a) When a | ||
vacancy occurs in the office of State Senator or
| ||
Representative in the General Assembly, the vacancy shall be | ||
filled within
30 days by appointment of the legislative or | ||
representative committee of
that legislative or representative | ||
district of the political
party of which the incumbent was a | ||
candidate at the time of his
election. Prior to holding a | ||
meeting to fill the vacancy, the committee shall make public | ||
(i) the names of the committeeperson on the appropriate | ||
legislative or representative committee, (ii) the date, time, | ||
and location of the meeting to fill the vacancy, and (iii) any | ||
information on how to apply or submit a name for consideration | ||
as the appointee. A meeting to fill a vacancy in office shall | ||
be held in the district or virtually, and any meeting shall be | ||
accessible to the public. The appointee shall be a member of | ||
the same political party as
the person he succeeds was at the | ||
time of his election, and shall be
otherwise eligible to serve | ||
as a member of the General Assembly.
| ||
(b) When a vacancy occurs in the office of a legislator | ||
elected
other than as a candidate of a political party, the | ||
vacancy shall be
filled within 30 days of such occurrence by | ||
appointment of the Governor.
The appointee shall not be a | ||
member of a political party, and shall be
otherwise eligible | ||
to serve as a member of the General Assembly.
Provided, | ||
however, the appropriate body of the General Assembly may, by
|
resolution, allow a legislator elected other than as a | ||
candidate of a
political party to affiliate with a political | ||
party for his term of
office in the General Assembly. A vacancy | ||
occurring in the office of any
such legislator who affiliates | ||
with a political party pursuant to
resolution shall be filled | ||
within 30 days of such occurrence by
appointment of the | ||
appropriate legislative or representative
committee of that | ||
legislative or representative district of the political
party | ||
with which the legislator so affiliates. The appointee shall | ||
be a
member of the political party with which the incumbent | ||
affiliated.
| ||
(c) For purposes of this Section, a person is a member of a
| ||
political party for 23 months after (i) signing a candidate | ||
petition, as
to the political party whose nomination is | ||
sought; (ii) signing a
statement of candidacy, as to the | ||
political party where nomination or
election is sought; (iii) | ||
signing a Petition of Political Party
Formation, as to the | ||
proposed political party; (iv) applying for and
receiving a | ||
primary ballot, as to the political party whose ballot is
| ||
received; or (v) becoming a candidate for election to or | ||
accepting
appointment to the office of ward, township, | ||
precinct or state central committeeperson.
| ||
(d) In making appointments under this Section, each | ||
committeeperson of
the appropriate legislative or | ||
representative committee
shall be entitled to one vote for | ||
each vote that was received, in that
portion of the |
legislative or representative district which he represents
on | ||
the committee, by the Senator or Representative whose seat is | ||
vacant at the
general election at which that legislator was | ||
elected to the seat which
has been vacated and a majority of | ||
the total number of votes received in
such election by the | ||
Senator or Representative whose seat is vacant is
required for | ||
the appointment of his successor; provided,
however, that in | ||
making appointments in legislative or representative
districts | ||
comprising only one county or part of a county
other than a | ||
county containing 2,000,000 or more inhabitants, each | ||
committeeperson
shall be entitled to cast only one vote.
| ||
(e) Appointments made under this Section shall be in | ||
writing
and shall be signed by members of the legislative or | ||
representative committee
whose total votes are sufficient to | ||
make the appointments or by the
Governor, as the case may be. | ||
Such appointments shall be filed with the
Secretary of State | ||
and with the Clerk of the House of Representatives or
the | ||
Secretary of the Senate, whichever is appropriate.
| ||
(f) An appointment made under this Section shall be for | ||
the
remainder of the term, except that, if the appointment is | ||
to fill a
vacancy in the office of State Senator and the | ||
vacancy occurs with more
than 28 months remaining in the term, | ||
the term of the
appointment shall expire at the time of
the | ||
next general election at which time a
Senator shall be elected | ||
for a new term commencing on the determination
of the results | ||
of the election and ending on the second Wednesday of
January |
in the second odd-numbered year next occurring. Whenever a
| ||
Senator has been appointed to fill a vacancy and
was | ||
thereafter elected to that office, the term of service under | ||
the
authority of the election shall
be considered a new term of | ||
service, separate from the term of service
rendered under the | ||
authority of the appointment.
| ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
| ||
(10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
| ||
Sec. 29-15. Conviction deemed infamous. Any person | ||
convicted of an infamous crime as such term is defined in
| ||
Section 124-1 of the Code of Criminal Procedure of 1963, as | ||
amended, shall
thereafter be prohibited from holding any | ||
office of honor, trust, or
profit, unless such person is again | ||
restored to such rights 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 may petition the Governor for a restoration of rights. | ||
The changes made to this Section by this amendatory Act of | ||
the 102nd General Assembly are declarative of existing law.
| ||
(Source: P.A. 83-1097.)
| ||
Section 10. The Illinois Pension Code is amended by | ||
changing Sections 6-230, 7-109, 8-113, 8-232, 8-243, and | ||
8-243.2 as follows: |
(40 ILCS 5/6-230) | ||
Sec. 6-230. Participation by an alderperson alderman or | ||
member of city council. | ||
(a) A person shall be a member under this Article if he or | ||
she (1) is or was employed and receiving a salary as a fireman | ||
under item (a) of Section 6-106, (2) has at least 5 years of | ||
service under this Article, (3) is employed in a position | ||
covered under Section 8-243, (4) made an election under | ||
Article 8 to not receive service credit or be a participant | ||
under that Article, and (5) made an election to participate | ||
under this Article. | ||
(b) For the purposes of determining employee and employer | ||
contributions under this Article, the employee and employer | ||
shall be responsible for any and all contributions otherwise | ||
required if the person was employed and receiving salary as a | ||
fireman under item (a) of Section 6-106.
| ||
(Source: P.A. 100-1144, eff. 11-28-18.)
| ||
(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
| ||
Sec. 7-109. Employee.
| ||
(1) "Employee" means any person who:
| ||
(a) 1. Receives earnings as payment for the | ||
performance of personal
services or official duties out of | ||
the general fund of a municipality,
or out of any special | ||
fund or funds controlled by a municipality, or by
an |
instrumentality thereof, or a participating | ||
instrumentality, including,
in counties, the fees or | ||
earnings of any county fee office; and
| ||
2. Under the usual common law rules applicable in | ||
determining the
employer-employee relationship, has the | ||
status of an employee with a
municipality, or any | ||
instrumentality thereof, or a participating
| ||
instrumentality, including alderpersons aldermen , county | ||
supervisors and other
persons (excepting those employed as | ||
independent contractors) who are
paid compensation, fees, | ||
allowances or other emolument for official
duties, and, in | ||
counties, the several county fee offices.
| ||
(b) Serves as a township treasurer appointed under the | ||
School
Code, as heretofore or hereafter amended, and
who | ||
receives for such services regular compensation as | ||
distinguished
from per diem compensation, and any regular | ||
employee in the office of
any township treasurer whether | ||
or not his earnings are paid from the
income of the | ||
permanent township fund or from funds subject to
| ||
distribution to the several school districts and parts of | ||
school
districts as provided in the School Code, or from | ||
both such sources; or is the chief executive officer, | ||
chief educational officer, chief fiscal officer, or other | ||
employee of a Financial Oversight Panel established | ||
pursuant to Article 1H of the School Code, other than a | ||
superintendent or certified school business official, |
except that such person shall not be treated as an | ||
employee under this Section if that person has negotiated | ||
with the Financial Oversight Panel, in conjunction with | ||
the school district, a contractual agreement for exclusion | ||
from this Section.
| ||
(c) Holds an elective office in a municipality, | ||
instrumentality
thereof or participating instrumentality.
| ||
(2) "Employee" does not include persons who:
| ||
(a) Are eligible for inclusion under any of the | ||
following laws:
| ||
1. "An Act in relation to an Illinois State | ||
Teachers' Pension and
Retirement Fund", approved May | ||
27, 1915, as amended;
| ||
2. Articles 15 and 16 of this Code.
| ||
However, such persons shall be included as employees | ||
to the extent of
earnings that are not eligible for | ||
inclusion under the foregoing laws
for services not of an | ||
instructional nature of any kind.
| ||
However, any member of the armed forces who is | ||
employed as a teacher
of subjects in the Reserve Officers | ||
Training Corps of any school and who
is not certified | ||
under the law governing the certification of teachers
| ||
shall be included as an employee.
| ||
(b) Are designated by the governing body of a | ||
municipality in which a
pension fund is required by law to | ||
be established for policemen or
firemen, respectively, as |
performing police or fire protection duties,
except that | ||
when such persons are the heads of the police or fire
| ||
department and are not eligible to be included within any | ||
such pension
fund, they shall be included within this | ||
Article; provided, that such
persons shall not be excluded | ||
to the extent of concurrent service and
earnings not | ||
designated as being for police or fire protection duties.
| ||
However, (i) any head of a police department who was a | ||
participant under this
Article immediately before October | ||
1, 1977 and did not elect, under Section
3-109 of this Act, | ||
to participate in a police pension fund shall be an
| ||
"employee", and (ii) any chief of police who became a | ||
participating employee under this Article before January | ||
1, 2019 and who elects to participate in this
Fund under | ||
Section 3-109.1 of this Code, regardless of whether such | ||
person
continues to be employed as chief of police or is | ||
employed in some other
rank or capacity within the police | ||
department, shall be an employee under
this Article for so | ||
long as such person is employed to perform police
duties | ||
by a participating municipality and has not lawfully | ||
rescinded that
election. | ||
(b-5) Were not participating employees under this | ||
Article before the effective date of this amendatory Act | ||
of the 100th General Assembly and participated as a chief | ||
of police in a fund under Article 3 and return to work in | ||
any capacity with the police department, with any |
oversight of the police department, or in an advisory | ||
capacity for the police department with the same | ||
municipality with which that pension was earned, | ||
regardless of whether they are considered an employee of | ||
the police department or are eligible for inclusion in the | ||
municipality's Article 3 fund. | ||
(c) Are contributors to or eligible to contribute to a | ||
Taft-Hartley pension plan to which the participating | ||
municipality is required to contribute as the person's | ||
employer based on earnings from the municipality. Nothing | ||
in this paragraph shall affect service credit or | ||
creditable service for any period of service prior to the | ||
effective date of this amendatory Act of the 98th General | ||
Assembly, and this paragraph shall not apply to | ||
individuals who are participating in the Fund prior to the | ||
effective date of this amendatory Act of the 98th General | ||
Assembly.
| ||
(d) Become an employee of any of the following | ||
participating instrumentalities on or after the effective | ||
date of this amendatory Act of the 99th General Assembly: | ||
the Illinois Municipal League; the Illinois Association of | ||
Park Districts; the Illinois Supervisors, County | ||
Commissioners and Superintendents of Highways Association; | ||
an association, or not-for-profit corporation, membership | ||
in which is authorized under Section 85-15 of the Township | ||
Code; the United Counties Council; or the Will County |
Governmental League. | ||
(3) All persons, including, without limitation, public | ||
defenders and
probation officers, who receive earnings from | ||
general or special funds
of a county for performance of | ||
personal services or official duties
within the territorial | ||
limits of the county, are employees of the county
(unless | ||
excluded by subsection (2) of this Section) notwithstanding | ||
that
they may be appointed by and are subject to the direction | ||
of a person or
persons other than a county board or a county | ||
officer. It is hereby
established that an employer-employee | ||
relationship under the usual
common law rules exists between | ||
such employees and the county paying
their salaries by reason | ||
of the fact that the county boards fix their
rates of | ||
compensation, appropriate funds for payment of their earnings
| ||
and otherwise exercise control over them. This finding and | ||
this
amendatory Act shall apply to all such employees from the | ||
date of
appointment whether such date is prior to or after the | ||
effective date of
this amendatory Act and is intended to | ||
clarify existing law pertaining
to their status as | ||
participating employees in the Fund.
| ||
(Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17; | ||
100-1097, eff. 8-26-18.)
| ||
(40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)
| ||
Sec. 8-113. Municipal employee, employee, contributor, or | ||
participant. "Municipal employee", "employee", "contributor", |
or "participant":
| ||
(a) Any employee of an employer employed in the classified | ||
civil service
thereof other than by temporary appointment or | ||
in a position excluded or exempt
from the classified service | ||
by the Civil Service Act, or in the case of a city
operating | ||
under a personnel ordinance, any employee of an employer | ||
employed in
the classified or career service under the | ||
provisions of a personnel ordinance,
other than in a | ||
provisional or exempt position as specified in such ordinance
| ||
or in rules and regulations formulated thereunder.
| ||
(b) Any employee in the service of an employer before the | ||
Civil
Service Act came in effect for the employer.
| ||
(c) Any person employed by the board.
| ||
(d) Any person employed after December 31, 1949, but prior | ||
to January
1, 1984, in the service of the employer by temporary | ||
appointment or in
a position exempt from the classified | ||
service as set forth in the Civil
Service Act, or in a | ||
provisional or exempt position as specified in the
personnel | ||
ordinance, who meets the following qualifications:
| ||
(1) has rendered service during not less than 12 | ||
calendar months to
an employer as an employee, officer, or | ||
official, 4 months of which must
have been consecutive | ||
full normal working months of service rendered
immediately | ||
prior to filing application to be included; and
| ||
(2) files written application with the board, while in | ||
the service,
to be included hereunder.
|
(e) After December 31, 1949, any alderperson alderman or | ||
other officer or
official of the employer, who files, while in | ||
office, written
application with the board to be included | ||
hereunder.
| ||
(f) Beginning January 1, 1984, any person employed by an | ||
employer other
than the Chicago Housing Authority
or the | ||
Public Building Commission of the city, whether or not such | ||
person
is serving by temporary appointment or in a position | ||
exempt from the classified
service as set forth in the Civil | ||
Service Act, or in a provisional or exempt
position as | ||
specified in the personnel ordinance, provided that such | ||
person is
neither (1) an alderperson alderman or other officer | ||
or official of the employer, nor (2)
participating, on the | ||
basis of such employment, in any other pension fund or
| ||
retirement system established under this Act.
| ||
(g) After December 31, 1959, any person employed in the | ||
law
department of the city, or municipal court or Board of | ||
Election
Commissioners of the city, who was a contributor and | ||
participant, on
December 31, 1959, in the annuity and benefit | ||
fund in operation in the
city on said date, by virtue of the | ||
Court and Law Department Employees'
Annuity Act or the Board | ||
of Election Commissioners Employees' Annuity
Act.
| ||
After December 31, 1959, the foregoing definition includes | ||
any other
person employed or to be employed in the law | ||
department, or municipal
court (other than as a judge), or | ||
Board of Election Commissioners (if
his salary is provided by |
appropriation of the city council of the city
and his salary | ||
paid by the city) -- subject, however, in the case of such
| ||
persons not participants on December 31, 1959, to compliance | ||
with the
same qualifications and restrictions otherwise set | ||
forth in this Section
and made generally applicable to | ||
employees or officers of the city
concerning eligibility for | ||
participation or membership.
| ||
Notwithstanding any other provision in this Section, any | ||
person who first becomes employed in the law department of the | ||
city on or after the effective date of this amendatory Act of | ||
the 100th General Assembly shall be included within the | ||
foregoing definition, effective upon the date the person first | ||
becomes so employed, regardless of the nature of the | ||
appointment the person holds under the provisions of a | ||
personnel ordinance. | ||
(h) After December 31, 1965, any person employed in the | ||
public
library of the city -- and any other person -- who was a | ||
contributor and
participant, on December 31, 1965, in the | ||
pension fund in operation in
the city on said date, by virtue | ||
of the Public Library Employees'
Pension Act.
| ||
(i) After December 31, 1968, any person employed in the | ||
house of
correction of the city, who was a contributor and | ||
participant, on
December 31, 1968, in the pension fund in | ||
operation in the city on said
date, by virtue of the House of | ||
Correction Employees' Pension Act.
| ||
(j) Any person employed full-time on or after the |
effective date of this
amendatory Act of the 92nd General | ||
Assembly by the Chicago Housing Authority
who has elected to | ||
participate in this Fund as provided in subsection (a) of
| ||
Section 8-230.9.
| ||
(k) Any person employed full-time by the Public Building | ||
Commission of
the city who has elected to participate in this | ||
Fund as provided in subsection
(d) of Section 8-230.7.
| ||
(Source: P.A. 100-23, eff. 7-6-17.)
| ||
(40 ILCS 5/8-232) (from Ch. 108 1/2, par. 8-232)
| ||
Sec. 8-232. Basis of service credit.
| ||
(a) In computing the period of
service of any employee for | ||
the minimum annuity under Section 8-138, the
following | ||
provisions shall govern:
| ||
(1) All periods prior to the effective date shall be | ||
computed in
accordance with the provisions of Section | ||
8-226, except for a re-entrant
or future entrant who was | ||
not in service on the day before the effective date.
| ||
(2) Service subsequent to the day before the effective | ||
date, shall
include: the actual period of time the | ||
employee performs the duties of
his position and makes | ||
required contributions or performs such duties
and is | ||
given a city contribution for age
and service annuity | ||
purposes; leaves of absence from duty, or vacation,
for | ||
which an employee receives all or part of his salary; | ||
periods
included under item (c) of Section 8-226; periods |
during
which the employee is temporarily assigned to | ||
another position in the
service and permitted to make | ||
contributions to the fund; periods during
which the | ||
employee has had contributions for annuity purposes made | ||
for
him in accordance with law while on military leave of | ||
absence during
World War II; periods during which the | ||
employee receives disability
benefit under this Article, | ||
or a temporary total disability benefit under
the Workers' | ||
Compensation Act if the disability results from a | ||
condition
commonly termed heart attack or stroke or any | ||
other condition falling
within the broad field of coronary | ||
involvement or heart disease;
| ||
(3) Service during 6 or more months in any year shall | ||
constitute a
year of service, and service of less than 6 | ||
months but at least 1 month
in any year shall constitute a | ||
half year of service. However the right
to have certain | ||
periods of time considered as service as stated in
| ||
paragraph 2 of Section 8-168 or in Section 8-243 relating | ||
to service as Alderperson
Alderman shall not apply for | ||
minimum annuity purposes under Section
8-138 of this | ||
Article.
| ||
(b) For all other purposes of this Article, the following | ||
schedule
shall govern the computation of service of an | ||
employee whose salary or
wages is on the basis stated, and any | ||
fractional part of a year of
service shall be determined | ||
according to said schedule:
|
Annual or Monthly basis: Service during 4 months in any 1 | ||
calendar
year shall constitute a year of service.
| ||
Weekly basis: Service during any week shall constitute a | ||
week of
service and service during any 17 weeks in any 1 | ||
calendar year shall
constitute a year of service.
| ||
Daily basis: Service during any day shall constitute a day | ||
of service
and service during 100 days in any 1 calendar year | ||
shall constitute a
year of service.
| ||
Hourly basis: Service during any hour shall constitute an | ||
hour of
service and service during 700 hours in any 1 calendar | ||
year shall
constitute a year of service.
| ||
(Source: P.A. 85-964; 86-1488.)
| ||
(40 ILCS 5/8-243) (from Ch. 108 1/2, par. 8-243)
| ||
Sec. 8-243. Service as alderperson alderman or member of | ||
city council. Whenever any person has served or hereafter | ||
serves as a duly elected alderperson
alderman or member of the | ||
city council of any city of more than 500,000
inhabitants and | ||
is or hereafter becomes a contributing participant in any
| ||
pension fund or any annuity and benefit fund in existence in | ||
such city by
operation of law, the period of service as such | ||
alderperson alderman or member of the
city council shall be | ||
counted as a period of service in computing any
annuity or | ||
pension which such person may become entitled to receive from
| ||
such fund upon separation from the service, except as ruled | ||
out for minimum
annuity purposes in Section 8-232(a)(3).
|
(Source: Laws 1963, p. 161 .)
| ||
(40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2)
| ||
Sec. 8-243.2. Alternative annuity for city officers.
| ||
(a) For the purposes of this Section and Sections 8-243.1 | ||
and 8-243.3,
"city officer" means the city clerk, the city | ||
treasurer, or an alderperson alderman of
the city elected by | ||
vote of the people, while serving in that capacity or as
| ||
provided in subsection (f), who has elected to participate in | ||
the Fund.
| ||
(b) Any elected city officer, while serving in that | ||
capacity or as
provided in subsection (f), may elect to | ||
establish alternative credits for
an alternative annuity by | ||
electing in writing to make additional optional
contributions | ||
in accordance with this Section and the procedures
established | ||
by the board. Such elected city officer may discontinue making
| ||
the additional optional contributions by notifying the Fund in | ||
writing in
accordance with this Section and procedures | ||
established by the board.
| ||
Additional optional contributions for the alternative | ||
annuity shall
be as follows:
| ||
(1) For service after the option is elected, an | ||
additional contribution
of 3% of salary shall be | ||
contributed to the Fund on the same basis and
under the | ||
same conditions as contributions required under Sections | ||
8-174
and 8-182.
|
(2) For service before the option is elected, an | ||
additional
contribution of 3% of the salary for the | ||
applicable period of service, plus
interest at the | ||
effective rate from the date of service to the date of
| ||
payment. All payments for past service must be paid in | ||
full before credit
is given. No additional optional | ||
contributions may be made for any period
of service for | ||
which credit has been previously forfeited by acceptance | ||
of
a refund, unless the refund is repaid in full with | ||
interest at the
effective rate from the date of refund to | ||
the date of repayment.
| ||
(c) In lieu of the retirement annuity otherwise payable | ||
under this
Article, any city officer elected by vote of the | ||
people who (1) has
elected to participate in the Fund and make | ||
additional optional
contributions in accordance with this | ||
Section, and (2) has attained
age 55 with at least 10 years of | ||
service credit, or has
attained age 60 with at least 8 years of | ||
service credit, may
elect to have his retirement annuity | ||
computed as follows: 3% of the
participant's salary at the | ||
time of termination of service for each of the
first 8 years of | ||
service credit, plus 4% of such salary for each of the
next 4 | ||
years of service credit, plus 5% of such salary for each year | ||
of
service credit in excess of 12 years, subject to a maximum | ||
of 80% of such
salary. To the extent such elected city officer | ||
has made additional
optional contributions with respect to | ||
only a portion of his years of
service credit, his retirement |
annuity will first be determined in
accordance with this | ||
Section to the extent such additional optional
contributions | ||
were made, and then in accordance with the remaining Sections
| ||
of this Article to the extent of years of service credit with | ||
respect to
which additional optional contributions were not | ||
made.
| ||
(d) In lieu of the disability benefits otherwise payable | ||
under this
Article, any city officer elected by vote of the | ||
people who (1) has
elected to participate in the Fund, and (2) | ||
has become
permanently disabled and as a consequence is unable | ||
to perform the duties
of his office, and (3) was making | ||
optional contributions in accordance with
this Section at the | ||
time the disability was incurred, may elect to receive
a | ||
disability annuity calculated in accordance with the formula | ||
in
subsection (c). For the purposes of this subsection, such | ||
elected city
officer shall be considered permanently disabled | ||
only if: (i) disability
occurs while in service as an elected | ||
city officer and is of such a nature
as to prevent him from | ||
reasonably performing the duties of his office at
the time; | ||
and (ii) the board has received a written certification by at
| ||
least 2 licensed physicians appointed by it stating that such | ||
officer is
disabled and that the disability is likely to be | ||
permanent.
| ||
(e) Refunds of additional optional contributions shall be | ||
made on the
same basis and under the same conditions as | ||
provided under Sections 8-168,
8-170 and 8-171. Interest shall |
be credited at the effective rate on the
same basis and under | ||
the same conditions as for other contributions.
Optional | ||
contributions shall be accounted for in a separate Elected | ||
City
Officer Optional Contribution Reserve. Optional | ||
contributions under this
Section shall be included in the | ||
amount of employee contributions used to
compute the tax levy | ||
under Section 8-173.
| ||
(f) The effective date of this plan of optional | ||
alternative benefits
and contributions shall be July 1, 1990, | ||
or the date upon which approval is
received from the U.S. | ||
Internal Revenue Service, whichever is later.
| ||
The plan of optional alternative benefits and | ||
contributions shall
not be available to any former city | ||
officer or employee receiving an
annuity from the Fund on the | ||
effective date of the plan, unless he
re-enters service as an | ||
elected city officer and renders at least 3 years
of | ||
additional service after the date of re-entry. However, a | ||
person who
holds office as a city officer on June 1, 1995 may
| ||
elect to participate in the plan, to transfer credits into the | ||
Fund from
other Articles of this Code, and to make the | ||
contributions required for prior
service, until 30 days after | ||
the effective date of this amendatory Act
of the 92nd General | ||
Assembly, notwithstanding the
ending of his term of
office | ||
prior to that effective date; in the event that the person is | ||
already
receiving an annuity from this Fund or any other | ||
Article of this Code at the
time of making this election, the |
annuity shall be recalculated to include any
increase | ||
resulting from participation in the plan, with such increase | ||
taking
effect on the effective date of the election.
| ||
(g) Notwithstanding any other provision in this Section or | ||
in this Code to the contrary, any person who first becomes a | ||
city officer, as defined in this Section, on or after the | ||
effective date of this amendatory Act of the 100th General | ||
Assembly, shall not be eligible for the alternative annuity or | ||
alternative disability benefits as provided in subsections | ||
(a), (b), (c), and (d) of this Section or for the alternative | ||
survivor's benefits as provided in Section 8-243.3. Such | ||
person shall not be eligible, or be required, to make any | ||
additional contributions beyond those required of other | ||
participants under Sections 8-137, 8-174, and 8-182. The | ||
retirement annuity, disability benefits, and survivor's | ||
benefits for a person who first becomes a city officer on or | ||
after the effective date of this amendatory Act of the 100th | ||
General Assembly shall be determined pursuant to the | ||
provisions otherwise provided in this Article. | ||
(Source: P.A. 100-23, eff. 7-6-17.)
| ||
Section 15. The Public Officer Prohibited Activities Act | ||
is amended by changing Sections 1, 1.3, 2, and 4 as follows:
| ||
(50 ILCS 105/1) (from Ch. 102, par. 1)
| ||
Sec. 1. County board. No member of a county board, during |
the term of
office for which
he or she is elected, may be | ||
appointed to, accept, or hold any office other
than (i) | ||
chairman of the county board or member of the regional | ||
planning
commission by appointment or election of the board of | ||
which he or she is a
member, (ii) alderperson alderman of a | ||
city or member of the board of trustees of a
village or | ||
incorporated town if the city, village, or incorporated town | ||
has
fewer than 1,000 inhabitants and is located in a county | ||
having fewer than
50,000 inhabitants, or (iii) trustee of a | ||
forest preserve district created under Section 18.5 of the | ||
Conservation District Act, unless he or she first resigns from | ||
the office
of county board
member or unless the holding of | ||
another office is authorized by law.
Any such prohibited | ||
appointment or election is void. This Section shall not
| ||
preclude a member of the county board from being appointed or | ||
selected to serve as (i) a member of a County
Extension
Board | ||
as provided in Section 7 of the County Cooperative Extension | ||
Law, (ii)
a member of an Emergency Telephone System Board as | ||
provided in Section
15.4 of the Emergency Telephone System | ||
Act, (iii) a member of the
board of review as provided in | ||
Section 6-30 of the Property Tax Code, or (iv) a public | ||
administrator or public guardian as provided in Section 13-1 | ||
of the Probate Act of 1975.
Nothing in this Act shall be | ||
construed to prohibit an elected county official
from holding | ||
elected office in another unit of local government so long as
| ||
there is no contractual relationship between the county and |
the other unit of
local government. This amendatory Act of | ||
1995 is declarative of existing law
and is not a new enactment.
| ||
(Source: P.A. 100-290, eff. 8-24-17.)
| ||
(50 ILCS 105/1.3)
| ||
Sec. 1.3. Municipal board member; education office. In a
| ||
city, village, or incorporated town
with fewer than 2,500 | ||
inhabitants, an alderperson alderman of the city or a member | ||
of the
board of
trustees of a village or incorporated town, | ||
during the term of office for which
he or she is elected, may | ||
also
hold the office of
member of the board of education, | ||
regional board of school trustees, board of
school directors, | ||
or board of school inspectors.
| ||
(Source: P.A. 91-161, eff. 7-16-99.)
| ||
(50 ILCS 105/2) (from Ch. 102, par. 2)
| ||
Sec. 2.
No alderperson alderman of any city, or member of | ||
the board of trustees of
any village, during the term of office | ||
for which he or she is elected, may
accept, be appointed to, or | ||
hold any office by the appointment of the mayor
or president of | ||
the board of trustees, unless the alderperson alderman or | ||
board member
is granted a leave of absence from such office, or | ||
unless he or she first
resigns from the office of alderperson | ||
alderman or member of the board of trustees,
or unless the | ||
holding of another office is authorized by law. The | ||
alderperson
alderman or board member may, however, serve as a |
volunteer fireman and
receive compensation for that service. | ||
The alderperson alderman may also serve as a commissioner of | ||
the Beardstown Regional Flood Prevention District board. Any | ||
appointment in violation of this
Section is void.
Nothing in | ||
this Act shall be construed to prohibit an elected municipal
| ||
official from holding elected office in another unit of local | ||
government as
long as there is no contractual relationship | ||
between the municipality and the
other unit of local | ||
government. This amendatory Act of 1995 is declarative of
| ||
existing law and is not a new enactment.
| ||
(Source: P.A. 97-309, eff. 8-11-11.)
| ||
(50 ILCS 105/4) (from Ch. 102, par. 4)
| ||
Sec. 4.
Any alderperson alderman , member of a board of | ||
trustees, supervisor or county
commissioner, or other person | ||
holding any office, either by election or
appointment under | ||
the laws or constitution of this state, who violates any
| ||
provision of the preceding sections, is guilty of a Class 4 | ||
felony and in
addition thereto, any office or official | ||
position held by any person so
convicted shall become vacant, | ||
and shall be so declared as part of the
judgment of court. This | ||
Section does not apply to a violation of subsection (b) of | ||
Section 2a.
| ||
(Source: P.A. 100-868, eff. 1-1-19 .)
| ||
Section 20. The Public Officer Simultaneous Tenure Act is |
amended by changing Section 1 and by adding Section 5 as | ||
follows:
| ||
(50 ILCS 110/1) (from Ch. 102, par. 4.10)
| ||
Sec. 1. Legislative findings; purpose ) . The General | ||
Assembly finds and
declares that questions raised regarding | ||
the legality of simultaneously
holding the office of county | ||
board member and township supervisor are
unwarranted, and in | ||
counties of less than 100,000 population such questions
| ||
regarding the legality of simultaneously holding the office of | ||
county board
member and township trustee are unwarranted;
that | ||
the General Assembly viewed the office of township supervisor, | ||
and
in counties of less than 100,000 population the office of | ||
township trustee,
and the office of county board member as | ||
compatible; and that to settle
the question
of legality and | ||
avoid confusion among such counties and townships as may
be | ||
affected by such questions it is lawful to hold the office of | ||
county
board member simultaneously with the office of township | ||
supervisor, and
in counties of less than 100,000 population | ||
with the office of township
trustee, in accordance with | ||
Sections 2 and 3 this Act .
| ||
(Source: P.A. 82-554.)
| ||
(50 ILCS 110/5 new) | ||
Sec. 5. Members of the General Assembly; elected officers | ||
of units of local government. Notwithstanding any other |
provision of law, a unit of local government may not adopt an | ||
ordinance, referendum, or resolution that requires a member of | ||
the General Assembly to resign his or her office in order to be | ||
eligible to seek elected office in the unit of local | ||
government. Any ordinance, referendum, or resolution that | ||
contains such a provision is void. | ||
A home rule unit may not regulate the eligibility | ||
requirements for those seeking elected office in the unit of | ||
local government 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. | ||
This Section applies to ordinances, referenda, or | ||
resolutions adopted on or after November 8, 2016. | ||
Section 25. The Counties Code is amended by changing | ||
Sections 2-3001, 2-3002, 2-3003, 2-3004, 3-6002, and 3-14036 | ||
as follows:
| ||
(55 ILCS 5/2-3001) (from Ch. 34, par. 2-3001)
| ||
Sec. 2-3001. Definitions. As used in this Division,
unless | ||
the context otherwise requires:
| ||
a. "District" means a county board district established as | ||
provided in
this Division.
| ||
b. "County apportionment commission" or "commission" means |
the county
clerk, the State's Attorney, the Attorney General | ||
or his designated
representative and the chairmen of the | ||
county central committees of the
first leading political party | ||
and the second leading political party as
defined in Section | ||
1-3 of The Election Code.
| ||
c. "Population" means the number of inhabitants as | ||
determined by the
last preceding federal decennial census. For | ||
the reapportionment of 2021, "population" means the number of | ||
inhabitants as determined by the county board by any | ||
reasonable method, including, but not limited to, the most | ||
recent American Community Survey 5-year data.
| ||
d. "Member" or "board member" means a person elected to | ||
serve on the
county board.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/2-3002) (from Ch. 34, par. 2-3002)
| ||
Sec. 2-3002.
Counties with population of less than | ||
3,000,000 and
with township form of government.
| ||
(a) Reapportionment required. By July 1, 1971, and each 10 | ||
years
thereafter, the county board of
each county having a | ||
population of less than 3,000,000 inhabitants and
the township | ||
form of government shall reapportion its county so that
each | ||
member of the county board represents the same number of
| ||
inhabitants , except that, for the reapportionment of 2021, the | ||
county board shall reapportion its county by December 31, | ||
2021 . In reapportioning its county, the county board shall |
first
determine the size of the county board to be elected, | ||
which may consist
of not less than 5 nor more than 29 members | ||
and may not exceed the size
of the county board in that county | ||
on October 2, 1969.
The county board shall also determine
| ||
whether board members shall be
elected at large from the | ||
county or by county board districts.
| ||
If the chairman of the county board is to be elected by the | ||
voters in a
county of less than 450,000 population as provided | ||
in Section 2-3007,
such chairman shall not be counted as a | ||
member of the county board
for the purpose of the limitations | ||
on the size of a county board provided
in this Section.
| ||
(b) Advisory referenda. The voters of a county may advise | ||
the county
board,
through an advisory referendum, on questions | ||
concerning (i) the number of
members of the
county board
to be | ||
elected, (ii) whether the board members should be elected from
| ||
single-member
districts, multi-member districts, or at-large, | ||
(iii)
whether voters will have cumulative voting rights in the | ||
election of county
board members, or (iv) any combination of | ||
the preceding 3 questions.
The advisory
referendum may be
| ||
initiated either by petition or by ordinance of the county | ||
board. A written
petition for an
advisory referendum | ||
authorized by this Section must contain the signatures of
at | ||
least 8% of the
votes cast for candidates for Governor in the | ||
preceding gubernatorial election
by the registered voters of | ||
the county and must be filed with the appropriate
election
| ||
authority. An ordinance
initiating
an advisory referendum |
authorized by this Section must be approved by a
majority of | ||
the
members of the county board and must be filed with the | ||
appropriate election
authority. An advisory
referendum | ||
initiated under this Section shall be placed on the ballot at | ||
the
general
election designated in the petition or ordinance.
| ||
(Source: P.A. 93-308, eff. 7-23-03.)
| ||
(55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
| ||
Sec. 2-3003. Apportionment plan.
| ||
(1) If the county board determines
that members shall be | ||
elected by districts, it shall develop an
apportionment plan | ||
and specify the number of districts and the number of
county | ||
board members to be elected from each district and whether | ||
voters will
have cumulative voting rights in multi-member | ||
districts. Each such district:
| ||
a. Shall be substantially equal in population to each | ||
other district;
| ||
b. Shall be comprised of contiguous territory, as | ||
nearly compact as
practicable; and
| ||
c. May divide townships or municipalities only when | ||
necessary to conform
to the population requirement of | ||
paragraph a. of this Section.
| ||
d. Shall be created in such a manner so that no | ||
precinct shall be
divided between 2 or more districts, | ||
insofar as is practicable.
| ||
(2) The county board of each county having a population of |
less than
3,000,000 inhabitants may, if it should so decide, | ||
provide within that
county for single member districts outside | ||
the corporate limits and
multi-member districts within the | ||
corporate limits of any municipality with
a population in | ||
excess of 75,000. Paragraphs a, b, c and d of subsection
(1) of | ||
this Section shall apply to the apportionment of both single | ||
and
multi-member districts within a county to the extent that | ||
compliance with
paragraphs a, b, c and d still permit the | ||
establishment of such districts,
except that the population of | ||
any multi-member district shall be equal to
the population of | ||
any single member district, times the number of members
found | ||
within that multi-member district. | ||
(3) In a county where the Chairman of the County Board is | ||
elected by the voters of the county as provided in Section | ||
2-3007, the Chairman of the County Board may develop and | ||
present to the Board by the third Wednesday in May in the year | ||
after a federal decennial census year an apportionment plan in | ||
accordance with the provisions of subsection (1) of this | ||
Section. If the Chairman presents a plan to the Board by the | ||
third Wednesday in May, the Board shall conduct at least one | ||
public hearing to receive comments and to discuss the | ||
apportionment plan, the hearing shall be held at least 6 days | ||
but not more than 21 days after the Chairman's plan was | ||
presented to the Board, and the public shall be given notice of | ||
the hearing at least 6 days in advance. If the Chairman | ||
presents a plan by the third Wednesday in May, the Board is |
prohibited from enacting an apportionment plan until after a | ||
hearing on the plan presented by the Chairman. The Chairman | ||
shall have access to the federal decennial census available to | ||
the Board. | ||
(4) In a county where a County Executive is elected by the | ||
voters of the county as provided in Section 2-5007 of the | ||
Counties Code, the County Executive may develop and present to | ||
the Board by the third Wednesday in May in the year after a | ||
federal decennial census year an apportionment plan in | ||
accordance with the provisions of subsection (1) of this | ||
Section. If the Executive presents a plan to the Board by the | ||
third Wednesday in May, the Board shall conduct at least one | ||
public hearing to receive comments and to discuss the | ||
apportionment plan, the hearing shall be held at least 6 days | ||
but not more than 21 days after the Executive's plan was | ||
presented to the Board, and the public shall be given notice of | ||
the hearing at least 6 days in advance. If the Executive | ||
presents a plan by the third Wednesday in May, the Board is | ||
prohibited from enacting an apportionment plan until after a | ||
hearing on the plan presented by the Executive. The Executive | ||
shall have access to the federal decennial census available to | ||
the Board.
| ||
(5) For the reapportionment of 2021, the Chairman of the | ||
County Board or County Executive may develop and present (or | ||
redevelop and represent) to the Board by the third Wednesday | ||
in November in the year after a federal decennial census year |
an apportionment plan and the Board shall conduct its public | ||
hearing as provided in paragraphs (3) and (4) following | ||
receipt of the apportionment plan. | ||
(Source: P.A. 96-1540, eff. 3-7-11; 97-986, eff. 8-17-12.)
| ||
(55 ILCS 5/2-3004) (from Ch. 34, par. 2-3004)
| ||
Sec. 2-3004. Failure to complete reapportionment. If any | ||
county board fails to complete the reapportionment of its | ||
county
by July 1 in 2011 or any 10 years thereafter or by the | ||
day after the county board's regularly scheduled July meeting | ||
in 2011 or any 10 years thereafter, or for the reapportionment | ||
of 2021, by the third Wednesday in November in the year after a | ||
federal decennial census year, whichever is later, the county | ||
clerk of that
county shall convene the county apportionment | ||
commission. Three members of
the commission shall constitute a | ||
quorum, but a majority of all the members
must vote | ||
affirmatively on any determination made by the commission. The
| ||
commission shall adopt rules for its procedure.
| ||
The commission shall develop an apportionment plan for the | ||
county in the
manner provided by Section 2-3003, dividing the | ||
county into the same number of
districts as determined by the | ||
county board. If the county board has failed
to determine the | ||
size of the county board to be elected, then the number of
| ||
districts and the number of members to be elected shall be the | ||
largest
number to which the county is entitled under Section | ||
2-3002.
|
The commission shall submit its apportionment plan by | ||
October 1 in the
year that it is convened, except that the | ||
circuit court, for good cause
shown, may grant an extension of | ||
time, not exceeding a total of 60 days,
within which such a | ||
plan may be submitted.
| ||
(Source: P.A. 96-1540, eff. 3-7-11.)
| ||
(55 ILCS 5/3-6002) (from Ch. 34, par. 3-6002)
| ||
Sec. 3-6002. Commencement of duties. The sheriff shall | ||
enter upon
the duties of his or her office on the first day in | ||
the month of December 1
following his or her election on which | ||
the office of the sheriff is
required, by statute or by action | ||
of the county board, to be open .
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/3-14036) (from Ch. 34, par. 3-14036)
| ||
Sec. 3-14036.
Payments of political contributions to | ||
public
officers prohibited. No officer or employee in the | ||
classified civil
service of said county, or named in Section | ||
3-14022, shall directly or
indirectly, give or hand over to | ||
any officer or employee, or to any senator
or representative | ||
or alderperson alderman , councilman, or commissioner, any | ||
money or
other valuable thing on account of or to be applied to | ||
the promotion of any
party or political object whatever.
| ||
(Source: P.A. 86-976.)
|
Section 30. The Township Code is amended by changing | ||
Section 45-10 as follows:
| ||
(60 ILCS 1/45-10)
| ||
Sec. 45-10. Political party caucus in township; notice.
| ||
(a) On the first Tuesday in December preceding the date of | ||
the regular
township election, a caucus shall be held by the | ||
voters of each established
political party in a township to | ||
nominate its candidates for the various
offices to be filled | ||
at the election. Notice of the caucus shall be given at
least | ||
10 days before it is held by publication in some newspaper | ||
having a
general circulation in the township. Not less than 30 | ||
days before the caucus,
the township clerk shall notify the | ||
chairman or membership of each township
central committee by | ||
first-class mail of the chairman's or membership's
obligation | ||
to report the time and location of the political party's | ||
caucus.
Not less than 20 days before the caucus, each chairman | ||
of the township central
committee shall notify the township | ||
clerk by first-class mail of the time and
location of the | ||
political party's caucus. If the time and location of 2 or
more | ||
political party caucuses conflict, the township clerk shall | ||
establish, by
a fair and impartial public lottery, the time | ||
and location for each caucus. | ||
If the chairperson of the township central committee fails | ||
to meet within the township or to meet any of the other | ||
requirements of this Section, the chairperson's political |
party shall not be permitted to nominate a candidate, either | ||
by caucus as provided for in this Section or as otherwise | ||
authorized by the Election Code, in the next upcoming | ||
consolidated election for any office for which a nomination | ||
could have been made at the caucus should the chairperson of | ||
the township central committee have met the requirements of | ||
this Section.
| ||
(b) Except as provided in this Section, the township board | ||
shall cause
notices of the caucuses to be published. The | ||
notice shall state the time and
place where the caucus for each | ||
political party will be held. The board shall
fix a place | ||
within the township for holding the caucus for each | ||
established
political party. When a new township has been | ||
established under Section 10-25,
the county board shall cause | ||
notice of the caucuses to be published as required
by this | ||
Section and shall fix the place within the new township for | ||
holding the
caucuses.
| ||
(Source: P.A. 97-81, eff. 7-5-11; 98-443, eff. 8-16-13.)
| ||
Section 35. The Illinois Municipal Code is amended by | ||
changing Sections 1-1-2, 2-2-9, 3.1-10-5, 3.1-10-30, | ||
3.1-10-50, 3.1-10-51, 3.1-10-60, 3.1-10-65, 3.1-10-75, | ||
3.1-15-5, 3.1-15-15, 3.1-15-25, 3.1-15-30, 3.1-15-35, | ||
3.1-15-40, 3.1-20-10, 3.1-20-15, 3.1-20-20, 3.1-20-22, | ||
3.1-20-25, 3.1-20-30, 3.1-20-35, 3.1-20-40, 3.1-20-45, | ||
3.1-25-70, 3.1-25-75, 3.1-35-35, 3.1-40-5, 3.1-40-10, |
3.1-40-15, 3.1-40-25, 3.1-40-30, 3.1-40-35, 3.1-40-40, | ||
3.1-40-50, 3.1-40-55, 3.1-45-5, 3.1-45-15, 3.1-55-5, 4-1-2, | ||
4-10-1, 5-1-4, 5-2-1, 5-2-2, 5-2-3, 5-2-3.1, 5-2-4, 5-2-5, | ||
5-2-7, 5-2-8, 5-2-11, 5-2-12, 5-2-17, 5-2-18, 5-2-18.1, | ||
5-2-18.2, 5-2-18.7, 5-2-19, 5-3-1, 5-3-3, 5-3-4, 5-3-5, 5-3-7, | ||
5-3-8, 5-4-1, 5-4-3, 5-5-1, 5-5-5, 6-3-2, 6-3-3, 6-3-4, 6-3-5, | ||
6-3-6, 6-3-7, 6-3-8, 6-3-9, 6-3-10, 6-4-3, 6-4-4, 6-5-1, | ||
7-1-15, 7-1-39, 7-1-42, 7-2-1, 7-2-19, 7-2-28, 8-9-1, 10-1-30, | ||
10-3-5, 11-13-1.1, 11-13-10, 11-13-14, 11-13-14.1, 11-80-5, | ||
11-91-1, and 11-101-2 as follows:
| ||
(65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)
| ||
Sec. 1-1-2. Definitions. In this Code:
| ||
(1) "Municipal" or "municipality" means a city, village, | ||
or incorporated
town in the State of Illinois, but, unless the | ||
context otherwise provides,
"municipal" or "municipality" does | ||
not include a township, town when used
as the equivalent of a | ||
township, incorporated town that has
superseded
a civil | ||
township, county, school district, park district, sanitary | ||
district,
or any other similar governmental district. If | ||
"municipal" or "municipality"
is given a different definition | ||
in any particular Division or Section of
this Act, that | ||
definition shall control in that
division or Section only.
| ||
(2) "Corporate authorities" means (a) the mayor and | ||
alderpersons aldermen or similar body
when the reference is to | ||
cities, (b) the president and trustees
or similar body
when |
the reference is to villages or incorporated towns, and (c) | ||
the council
when the reference is to municipalities under the | ||
commission form of municipal
government.
| ||
(3) "Electors" means persons qualified to vote for | ||
elective officers at
municipal elections.
| ||
(4) "Person" means any individual, partnership, | ||
corporation, joint stock
association, or the State of Illinois | ||
or any subdivision of the State; and includes
any trustee, | ||
receiver, assignee, or personal representative of any of
those | ||
entities.
| ||
(5) Except as otherwise provided by ordinance, "fiscal | ||
year" in all municipalities
with fewer than 500,000 | ||
inhabitants, and "municipal year" in
all municipalities,
means | ||
the period elapsing (a) between general municipal elections in | ||
succeeding
calendar years, or (b) if general municipal | ||
elections are held biennially,
then between a general | ||
municipal election and the same day of the same month
of the | ||
following calendar year, and between that day and the next | ||
succeeding
general municipal election, or (c) if general | ||
municipal elections are held
quadrennially, then between a | ||
general municipal election and the same day
of the same month | ||
of the following calendar year, and between that day and
the | ||
same day of the same month of the next following calendar year, | ||
and
between the last mentioned day and the same day of the same | ||
month of the
next following calendar year, and between the | ||
last mentioned day and the
next succeeding general municipal |
election. The fiscal year of each municipality
with 500,000 or | ||
more inhabitants shall commence on January 1.
| ||
(6) Where reference is made to a county within which a | ||
municipality,
district, area, or territory is situated, the | ||
reference is to the county
within which is situated the major | ||
part of the area of that
municipality, district, area, or | ||
territory, in case the municipality,
district, area, or | ||
territory is situated in 2 or more counties.
| ||
(7) Where reference is made for any purpose to any other | ||
Act, either specifically
or generally, the reference shall be | ||
to that Act and to all amendments to
that Act
now in force or | ||
that may be hereafter enacted.
| ||
(8) Wherever the words "city council", " alderpersons | ||
aldermen ", "commissioners", or
"mayor" occur, the provisions | ||
containing these words shall apply to the
board of trustees, | ||
trustees, and president, respectively, of villages and
| ||
incorporated towns and councilmen in cities, so far as those | ||
provisions
are applicable to them.
| ||
(9) The terms "special charter" and "special Act" are | ||
synonymous.
| ||
(10) "General municipal election" means the biennial | ||
regularly scheduled
election for the election of officers of | ||
cities, villages, and incorporated
towns, as prescribed by the | ||
general election law; in the case of municipalities
that elect | ||
officers annually, "general municipal election"
means each | ||
regularly
scheduled election for the election of officers of |
cities, villages, and
incorporated
towns.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/2-2-9) (from Ch. 24, par. 2-2-9)
| ||
Sec. 2-2-9.
The election for city officers in any | ||
incorporated town or
village which has voted to incorporate as | ||
a city shall be held at the time
of the next regularly | ||
scheduled election
for officers, in accordance with the | ||
general election law. The corporate
authorities of such | ||
incorporated
town or village shall cause the result to be | ||
entered upon
the records of the city. Alderpersons Aldermen
| ||
may be elected on a general ticket at the election.
| ||
(Source: P.A. 81-1490.)
| ||
(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
| ||
alderman 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. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)
| ||
(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 aldermen 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. 87-1119.)
| ||
(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. | ||
(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. | ||
(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. | ||
(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. | ||
(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 alderman 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). | ||
(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. | ||
(3) Election declared void. A vacancy occurs on the | ||
date of the decision of a competent tribunal declaring the | ||
election of the officer void. | ||
(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: | ||
(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). | ||
(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. | ||
(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. | ||
(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. | ||
(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. | ||
(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. | ||
(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. | ||
(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 alderman 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 alderman 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. | ||
(2) Alderperson Alderman or trustee. If the vacancy is | ||
in the office of alderperson alderman 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). | ||
(3) Other elective office. If the vacancy is in any | ||
elective municipal office other than mayor or president or | ||
alderperson alderman 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. | ||
(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. | ||
(2) Alderperson Alderman or trustee. If the vacancy is | ||
in the office of alderperson alderman 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). | ||
(3) Other elective office. If the vacancy is in any | ||
elective municipal office other than mayor or president or | ||
alderperson alderman 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. | ||
(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. 99-449, eff. 8-24-15.)
| ||
(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 alderman of a ward, removal of residence from | ||
the ward. | ||
(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. | ||
(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: | ||
(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). | ||
(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. | ||
(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. | ||
(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. | ||
(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. | ||
(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. | ||
(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. | ||
(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 alderman 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. 99-449, eff. 8-24-15.)
| ||
(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 aldermen 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. 87-1119.)
|
(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?
| ||
(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 aldermen . In the case of | ||
alderpersons aldermen and trustees:
(i) at the first election |
of alderpersons aldermen or trustees that occurs in
an odd | ||
numbered year following the vote to reduce the length of | ||
terms,
successors to alderpersons aldermen 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 aldermen or
| ||
trustees shall be elected each year for terms of 2 years and | ||
until their
successors are elected and have qualified.
| ||
(Source: P.A. 87-1119.)
| ||
(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?
| ||
(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 aldermen . In the case of | ||
alderpersons aldermen and trustees:
(i) if the first election | ||
for alderpersons aldermen or trustees, after
approval of the | ||
proposition, occurs in an even numbered year, the alderpersons
| ||
aldermen 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 aldermen 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 | ||
aldermen or trustees, after approval of the
proposition, | ||
occurs in an odd numbered year, the alderpersons aldermen 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 aldermen 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. 87-1119.)
| ||
(65 ILCS 5/3.1-15-5) (from Ch. 24, par. 3.1-15-5)
| ||
Sec. 3.1-15-5. Officers to be elected. In all cities | ||
incorporated
under this Code there shall be elected a mayor, | ||
alderpersons aldermen , a city clerk, and a
city treasurer | ||
(except in the case of a city of 10,000 or fewer inhabitants
| ||
that, by ordinance, allows for the appointment of a city | ||
treasurer by the
mayor, subject to the advice and consent of | ||
the city council). In all villages
and incorporated towns, | ||
there shall be elected a president, trustees, and a
clerk, |
except as otherwise provided in this Code.
| ||
(Source: P.A. 87-1119; 88-572, eff. 8-11-94.)
| ||
(65 ILCS 5/3.1-15-15) (from Ch. 24, par. 3.1-15-15)
| ||
Sec. 3.1-15-15. Holding other offices. A mayor, president, | ||
alderperson
alderman , trustee, clerk, or
treasurer shall not | ||
hold
any other office under the municipal government during
| ||
the term of that office, except when the officer is granted a | ||
leave of absence
from that office or
except as otherwise | ||
provided in Sections 3.1-10-50, 3.1-35-135, and 8-2-9.1.
| ||
Moreover, an officer may serve as a volunteer fireman and | ||
receive compensation
for
that service.
| ||
(Source: P.A. 99-386, eff. 8-17-15.)
| ||
(65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
| ||
Sec. 3.1-15-25. Conservators of the peace; service of | ||
warrants.
| ||
(a) After receiving a certificate attesting to the | ||
successful completion
of
a training course administered by the | ||
Illinois Law Enforcement Training
Standards Board, the mayor, | ||
alderpersons aldermen ,
president, trustees, marshal, deputy
| ||
marshals, and policemen in municipalities shall be | ||
conservators
of the peace. Those persons and others authorized | ||
by
ordinance shall have power (i) to arrest or cause to be | ||
arrested, with or
without process, all persons who break the | ||
peace or are found violating
any municipal ordinance or any |
criminal law of the State, (ii) to commit
arrested persons for | ||
examination, (iii) if necessary, to detain arrested
persons in | ||
custody over night or Sunday in any safe place or until they
| ||
can be brought before the proper court, and (iv) to exercise | ||
all other
powers as conservators of the peace prescribed by | ||
the corporate authorities.
| ||
(b) All warrants for the violation of municipal ordinances | ||
or the State
criminal law, directed to any person, may be | ||
served and executed within the
limits of a municipality by any | ||
policeman or marshal of the
municipality. For that purpose, | ||
policemen and marshals have all the
common law and statutory | ||
powers of sheriffs.
| ||
(Source: P.A. 90-540, eff. 12-1-97.)
| ||
(65 ILCS 5/3.1-15-30) (from Ch. 24, par. 3.1-15-30)
| ||
Sec. 3.1-15-30. Minority representation.
| ||
(a) Whenever the question of
incorporation as a city under
| ||
this Code is submitted for adoption to the electors of any | ||
territory,
village, incorporated town, or city under special | ||
charter, there may be
submitted at the same time for adoption | ||
or rejection the question of
minority representation in the | ||
city council. The proposition shall be
in the following form:
| ||
Shall minority representation in the city council be | ||
adopted?
| ||
(b) If a majority of the votes cast on the question at any | ||
election are
for minority representation in the city council, |
the members of the city
council, except as otherwise provided, | ||
thereafter shall be elected as
provided in Section 3.1-15-35.
| ||
(c) The city council, at least 30 days before the first day | ||
fixed
by law for the filing of candidate petitions for the next | ||
general municipal
election, shall apportion the city by | ||
dividing its population,
as ascertained by an official | ||
publication of any national,
state, school, or city census, by | ||
any number not less than 2 nor more
than 6. The quotient shall | ||
be the ratio of representation in the city
council. Districts | ||
shall be formed of contiguous and compact territory
and | ||
contain, as near as practicable, an equal number of | ||
inhabitants.
| ||
(d) If a majority of the votes cast on the question at any | ||
election are
against minority representation in the city | ||
council, the members of the
city council shall be elected as | ||
otherwise provided in this Code.
| ||
(e) At any time after the incorporation of a city under | ||
this
Code, on petition of electors equal in number to | ||
one-eighth the number
of legal votes cast at the next | ||
preceding general municipal election,
the city clerk shall | ||
certify
the question of the adoption or
retention of minority | ||
representation to the proper election authority
for submission | ||
to the electors of that city. The proposition
shall be in the | ||
same form as provided in this Section, except
that the word | ||
"retained" shall be substituted for the word "adopted"
when | ||
appropriate. A question of minority representation, however, |
shall not be
submitted more than once within 32 months.
| ||
(f) If the city council of any city adopting minority | ||
representation
as provided in this Section has not fixed a | ||
ratio of representation and
formed the districts by the time | ||
specified in this Section, those acts
may be done by any later | ||
city council. All official acts
done and ordinances passed by | ||
a city council
elected at large by the electors of a city that | ||
has adopted a
minority representation plan shall be as valid | ||
and binding as if the alderpersons
aldermen had been elected | ||
from districts.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-15-35) (from Ch. 24, par. 3.1-15-35)
| ||
Sec. 3.1-15-35. Alderpersons Aldermen under minority | ||
representation plan. Every
district under a minority | ||
representation plan shall be entitled to 3 alderpersons | ||
aldermen . Alderpersons
Aldermen shall hold their offices for 4 | ||
years and until their successors have
been elected and | ||
qualified, except in cities that have adopted a 2 year term
| ||
under Section 3.1-10-65. There shall be elected in each | ||
district as many alderpersons
aldermen as the district is | ||
entitled to. In all of these elections for alderpersons
| ||
aldermen , each elector may cast as many votes as there are | ||
alderpersons aldermen to be
elected in the elector's district, | ||
or may distribute his or her votes, or equal
parts of the | ||
votes, among the candidates as the elector sees fit. The |
candidate
highest in votes is elected if only one alderperson | ||
alderman is elected; the candidates
highest and next highest | ||
in votes are elected if only 2 alderpersons aldermen are | ||
elected;
and the 3 highest candidates in votes are elected | ||
when 3 alderpersons aldermen are elected.
Vacancies shall be | ||
filled as provided in Sections 3.1-10-50 and 3.1-10-55 by
| ||
either interim election or appointment. An appointment to fill | ||
a vacancy 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.
| ||
(Source: P.A. 87-1052; 87-1119; 88-45.)
| ||
(65 ILCS 5/3.1-15-40) (from Ch. 24, par. 3.1-15-40)
| ||
Sec. 3.1-15-40. Staggered elections under minority plans. | ||
In all
cities
that adopt or have adopted the minority | ||
representation plan for the
election of alderpersons aldermen | ||
and have
not already staggered the terms of their alderpersons | ||
aldermen , the city council may
provide by ordinance that at | ||
any ensuing general municipal election
for city officers the | ||
alderpersons aldermen in every alternate district shall be | ||
elected
for one term of 2 years and, at the expiration of that | ||
term of 2 years,
for regular terms of 4 years. This Section |
does not prohibit a city from
voting in favor of a 2 year term | ||
for city officers as provided in Section
3.1-10-65. The | ||
provisions of the general election law shall govern elections
| ||
under this Section.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-20-10) (from Ch. 24, par. 3.1-20-10)
| ||
Sec. 3.1-20-10. Alderpersons Aldermen ; number.
| ||
(a) Except as otherwise provided in this
Section, Section | ||
3.1-20-20, or as otherwise provided in the case of | ||
alderpersons-at-large
aldermen-at-large ,
the number of | ||
alderpersons aldermen , when not elected by the minority
| ||
representation plan, shall be determined using the most recent | ||
federal decennial census results as follows: | ||
(1) in cities not exceeding 3,000
inhabitants, 6 | ||
alderpersons aldermen ; | ||
(2) in cities exceeding 3,000 but not exceeding | ||
15,000, 8 alderpersons aldermen ;
| ||
(3) in cities exceeding 15,000 but not exceeding | ||
20,000, 10 alderpersons aldermen ; | ||
(4) in cities exceeding 20,000 but
not exceeding | ||
50,000, 14 alderpersons aldermen ; | ||
(5) in cities exceeding 50,000 but not exceeding | ||
70,000,
16 alderpersons aldermen ; | ||
(6) in cities exceeding 70,000 but not exceeding | ||
90,000, 18 alderpersons aldermen ; and |
(7) in cities exceeding
90,000 but not exceeding | ||
500,000, 20 alderpersons aldermen .
| ||
(b) Instead of the number of alderpersons aldermen set | ||
forth in subsection (a), a
municipality with 15,000 or more | ||
inhabitants may adopt, either by ordinance
or by resolution, | ||
not more than one year after the municipality's receipt of the | ||
new federal decennial census
results, the following number of | ||
alderpersons aldermen : in cities exceeding 15,000 but not
| ||
exceeding 20,000, 8 alderpersons aldermen ; exceeding 20,000 | ||
but not
exceeding 50,000, 10 alderpersons aldermen ; exceeding | ||
50,000 but not exceeding 70,000, 14 alderpersons
aldermen ; | ||
exceeding 70,000 but not exceeding 90,000, 16 alderpersons | ||
aldermen ; and exceeding
90,000 but not exceeding 500,000, 18 | ||
alderpersons aldermen .
| ||
(c) Instead of the number of alderpersons aldermen set | ||
forth in subsection (a), a
municipality with 40,000 or more | ||
inhabitants may adopt, either by ordinance
or by resolution, | ||
not more than one year after the municipality's receipt of the | ||
new federal decennial census
results, the following number of | ||
alderpersons aldermen : in cities exceeding 40,000 but
not | ||
exceeding 50,000, 16 alderpersons aldermen .
| ||
(d) If, according to the most recent federal decennial | ||
census results, the population of a municipality increases or | ||
decreases under this Section, then the municipality may adopt | ||
an ordinance or resolution to retain the number of | ||
alderpersons aldermen that existed before the most recent |
federal decennial census results. The ordinance or resolution | ||
may not be adopted more than one year after the municipality's | ||
receipt of the most recent federal decennial census results. | ||
(Source: P.A. 96-1156, eff. 7-21-10; 97-301, eff. 8-11-11; | ||
97-1091, eff. 8-24-12.)
| ||
(65 ILCS 5/3.1-20-15) (from Ch. 24, par. 3.1-20-15)
| ||
Sec. 3.1-20-15. Division into wards. Except as otherwise | ||
provided in
Section 3.1-20-20, every city shall
have one-half | ||
as many wards as the total number of alderpersons aldermen to | ||
which the
city is entitled. The city council, from time to | ||
time, shall divide the city
into that number of wards.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-20-20) (from Ch. 24, par. 3.1-20-20)
| ||
Sec. 3.1-20-20. Alderpersons Aldermen ; restrict or | ||
reinstate number.
| ||
(a) In a city of less than 100,000 inhabitants, a
| ||
proposition to restrict the number of alderpersons aldermen to | ||
one-half of the total
authorized by Section 3.1-20-10, with | ||
one alderperson alderman representing each ward,
shall be | ||
certified by the city clerk to the proper election | ||
authorities,
who shall submit the proposition at an election | ||
in accordance with the general
election law, if a petition | ||
requesting that action
is signed by electors of the city | ||
numbering not less than 10% of the
total vote cast at the last |
election for mayor of the city and the petition
is filed with | ||
the city clerk.
| ||
The proposition shall be substantially in the
following | ||
form:
| ||
Shall (name of city) restrict
the number of | ||
alderpersons aldermen to (state number) (one-half
of the | ||
total authorized by Section
3.1-20-10 of the Illinois | ||
Municipal
Code), with one alderperson alderman | ||
representing
each ward?
| ||
If a majority of those voting on the proposition vote in | ||
favor of
it, all existing aldermanic terms of alderpersons | ||
shall expire as of the date of the
next regular aldermanic | ||
election of alderpersons , at which time a full complement of | ||
alderpersons
aldermen shall be elected for the full term.
| ||
(b) In a city of less than 100,000 inhabitants, a
| ||
proposition to restrict the number of alderpersons aldermen to
| ||
one alderperson alderman per ward, with one alderperson | ||
alderman representing each ward,
plus an additional number of | ||
alderpersons aldermen not to exceed the number of
wards in the | ||
city to be elected at large, shall be certified by the city
| ||
clerk to the proper election authorities,
who shall submit the | ||
proposition at an election in accordance with the general
| ||
election law, if a petition requesting that action
is signed | ||
by electors of the city numbering not less than 10% of the
| ||
total vote cast at the last election for mayor of the city and | ||
the petition
is filed with the city clerk.
|
The proposition shall be substantially in the
following | ||
form:
| ||
Shall (name of city) restrict
the number of | ||
alderpersons aldermen to (number),
with one alderperson | ||
alderman representing
each ward, plus an additional | ||
(number) alderperson
alderman ( alderpersons aldermen ) to | ||
be elected at large?
| ||
If a majority of those voting on the proposition vote in | ||
favor of
it, all existing aldermanic terms of alderpersons | ||
shall expire as of the date of the
next regular aldermanic | ||
election of alderpersons , at which time a full complement of | ||
alderpersons
aldermen shall be elected for the full term.
| ||
(c) In a city of less than 100,000 inhabitants where a | ||
proposition
under subsection (a) or (b) has been successful, a | ||
proposition to reinstate the
number of alderpersons aldermen | ||
in accordance with Section 3.1-20-10 shall be certified by
the | ||
city clerk to the proper election authorities, who shall | ||
submit the
proposition at an election in accordance with the | ||
general election law, if a
petition requesting that action has | ||
been signed by electors of the city
numbering not less than 10% | ||
of the total vote cast at the last election for
mayor of the | ||
city and the petition has been filed with the city clerk.
| ||
The election authority must submit the proposition in | ||
substantially
the following form:
| ||
Shall (name of city) reinstate the number of | ||
alderpersons aldermen to
(number of alderpersons aldermen |
allowed by Section 3.1-20-10)?
| ||
The election authority must record the votes as "Yes" or "No".
| ||
If a majority of the electors voting on the proposition | ||
vote in the
affirmative, then, if the restriction in the | ||
number of alderpersons aldermen has taken
effect, all existing | ||
aldermanic terms of alderpersons shall expire as of the date | ||
of the next
regular aldermanic election of alderpersons , at | ||
which time a full complement of alderpersons aldermen shall
be | ||
elected for the full term and thereafter terms shall be | ||
determined in
accordance with Section 3.1-20-35.
| ||
(Source: P.A. 92-727, eff. 7-25-02.)
| ||
(65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)
| ||
Sec. 3.1-20-22. Alderpersons Aldermen ; staggered terms. In | ||
any city of less than
100,000 inhabitants, a
proposition to | ||
stagger the terms of alderpersons aldermen , with as nearly as | ||
possible
one-half of the alderpersons aldermen elected every 2 | ||
years, shall be certified by the
city clerk to the proper | ||
election authority, who shall submit the
proposition at an | ||
election in accordance with the general election law, if
a | ||
petition requesting that action is signed by electors of the | ||
city
numbering at least 10% of the total vote cast at the last | ||
election for mayor of
the
city and is filed with the city | ||
clerk.
| ||
The ballot shall have printed on it, but not as a part of | ||
the
proposition submitted, the following information for |
voters: one alderperson alderman
elected from each | ||
even-numbered ward shall serve a term of 2 years; one | ||
alderperson
alderman elected from each odd-numbered ward shall | ||
serve a term of 4 years.
| ||
The proposition shall be substantially in the following | ||
form:
| ||
Shall (name of city) adopt
a system of staggered terms
| ||
for alderpersons aldermen ?
| ||
If a majority of those voting on the proposition vote in | ||
favor of it, then at
the next regular election for | ||
alderpersons aldermen one alderperson alderman shall be | ||
elected from
each even-numbered ward for a term of 2 years and | ||
one alderperson alderman shall be
elected from each | ||
odd-numbered ward for a term of 4 years. Thereafter,
their | ||
successors shall be elected for terms of 4 years.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25)
| ||
Sec. 3.1-20-25. Redistricting a city.
| ||
(a) In the formation of wards, the number of
inhabitants | ||
of the city
immediately preceding the division of the city | ||
into wards shall be
as nearly equal in population, and the | ||
wards shall be of as compact and
contiguous territory, as | ||
practicable. Wards shall be created in a
manner so that, as far | ||
as practicable, no precinct shall be divided between
2 or more | ||
wards.
|
(b) Whenever an official
decennial census shows that a | ||
city contains more or fewer wards than it is
entitled to, the | ||
city council of the city, by ordinance, shall redistrict
the | ||
city into as many wards as the city is entitled. This
| ||
redistricting shall be completed not less than 30 days before | ||
the first day
set by the general election law for the filing of | ||
candidate petitions for
the next succeeding election for city | ||
officers. At this election there
shall be elected the number | ||
of alderpersons aldermen to which the city is entitled,
except | ||
as provided in subsection (c).
| ||
(c) If it appears from any official decennial census
that | ||
it is necessary to redistrict under subsection (b) or for any | ||
other reason, the city council shall
immediately proceed to | ||
redistrict the city
and shall hold the next city election in
| ||
accordance with the new redistricting. At this election the | ||
alderpersons aldermen whose
terms of office are not expiring | ||
shall be considered alderpersons aldermen for the new
wards | ||
respectively in which their residences are situated. At this | ||
election, in a municipality that is not a newly incorporated | ||
municipality, a candidate for alderperson alderman may be | ||
elected from any ward that contains a part of the ward in which | ||
he or she resided at least one year next preceding the election | ||
that follows the redistricting,
and, if elected, that person | ||
may be reelected from the new ward he or she represents if he | ||
or she
resides in that ward for at least one year next | ||
preceding reelection. If there are 2
or more alderpersons |
aldermen with terms of office not expiring and residing in the | ||
same
ward under the new redistricting, the alderperson | ||
alderman who holds over for that ward
shall be determined by | ||
lot in the presence of the city council, in the
manner directed | ||
by the council, and all other alderpersons aldermen shall fill
| ||
their unexpired terms as alderpersons-at-large | ||
aldermen-at-large . The alderpersons-at-large | ||
aldermen-at-large , if any,
shall have the same powers and | ||
duties as all other alderpersons aldermen , but upon the
| ||
expiration of their terms the offices of alderpersons-at-large | ||
aldermen-at-large shall be abolished.
| ||
(d) If the redistricting results in one or more wards in | ||
which no alderpersons aldermen
reside whose terms of office | ||
have not expired, 2 alderpersons aldermen shall be elected
in | ||
accordance with Section 3.1-20-35, unless the city elected | ||
only one alderperson
alderman per ward pursuant to a | ||
referendum under subsection (a) of Section
3.1-20-20.
| ||
(e) A redistricting ordinance that has decreased the | ||
number
of wards of a city because of a decrease in population | ||
of the city shall
not be effective if, not less than 60 days | ||
before the time fixed for
the next succeeding general | ||
municipal election, an official
census is officially published | ||
that shows that the city has regained a
population that | ||
entitles it to the number of wards that it had just
before the | ||
passage of the last redistricting ordinance.
| ||
(Source: P.A. 97-1091, eff. 8-24-12.)
|
(65 ILCS 5/3.1-20-30) (from Ch. 24, par. 3.1-20-30)
| ||
Sec. 3.1-20-30. Validation of actions. After an official | ||
census is
officially published, if a city
is divided into a | ||
greater number of wards and has elected a greater number
of | ||
alderpersons aldermen than the city is entitled to, the | ||
division and
election shall, nevertheless, be valid and all | ||
acts, resolutions, and
ordinances of the
city council of that | ||
city, if in other respects in compliance with law, are
valid.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-20-35) (from Ch. 24, par. 3.1-20-35)
| ||
Sec. 3.1-20-35. Determining terms.
| ||
(a) Alderpersons Aldermen elected at the first election | ||
for city officers after
the election of alderpersons aldermen | ||
for the initial terms provided for in Section
2-2-11 shall | ||
draw lots to determine which alderpersons aldermen in each | ||
ward
shall hold office for a 4 year term, and until a successor | ||
is elected and has
qualified, and which alderpersons aldermen | ||
in each ward shall hold office for a 2 year
term, and until a | ||
successor is elected and has qualified. All alderpersons | ||
aldermen
thereafter elected
shall hold office for a term of 4 | ||
years, and until their successors are
elected and have | ||
qualified, except in cities that adopt a 2 year term
under | ||
Section 3.1-10-65 and except as otherwise provided in Section
| ||
3.1-20-20.
|
(b) If a city that has had the minority representation | ||
plan has voted not
to retain the plan, then at the first | ||
election for city officers following
the vote 2 alderpersons | ||
aldermen shall be elected from each ward in the city and their
| ||
terms shall be staggered in the manner set forth in subsection | ||
(a).
The
tenure of these alderpersons aldermen and their | ||
successors shall be the same as that
stated in subsection (a).
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-20-40) (from Ch. 24, par. 3.1-20-40)
| ||
Sec. 3.1-20-40. Other officers; election rather than | ||
appointment.
Instead of providing for the appointment of the
| ||
following officers as provided in Section 3.1-30-5, the city | ||
council, in
its discretion, may provide by ordinance passed by | ||
a two-thirds vote of
all the alderpersons aldermen elected for | ||
the election by the electors of the city of
a city collector, a | ||
city marshal, a city superintendent of streets, a
corporation | ||
counsel, a city comptroller, or any of them, and any other
| ||
officers which the city council considers necessary or | ||
expedient. By
ordinance or resolution, to take effect at the | ||
end of the current fiscal
year, the city council, by a like | ||
vote, may discontinue any office so
created and devolve the | ||
duties of that office on any other city
officer. After | ||
discontinuance of an office, no officer filling that office
| ||
before its discontinuance shall have any claim against the | ||
city for salary
alleged to
accrue after the date of |
discontinuance.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-20-45)
| ||
Sec. 3.1-20-45. Nonpartisan primary elections; uncontested | ||
office. A city
incorporated under this Code that elects | ||
municipal officers at nonpartisan
primary and
general | ||
elections shall conduct the elections as provided in the | ||
Election Code,
except that
no office for which nomination is | ||
uncontested shall be included on the primary
ballot and
no | ||
primary shall be held for that office. For the purposes of this | ||
Section, an
office is
uncontested when not more than 4
persons | ||
to be nominated for each
office
have timely filed valid | ||
nominating papers seeking nomination for the election
to that
| ||
office.
| ||
Notwithstanding any other provision of law 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, no primary ballot | ||
shall be printed. Where no primary is held, a person intending | ||
to become a write-in candidate at the general primary election | ||
shall refile a declaration of intent to be a write-in | ||
candidate for the general election with the appropriate |
election authority or authorities if the write-in candidate | ||
becomes the fifth candidate 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 . | ||
If there is a primary election, then candidates shall be | ||
placed on the ballot for the next succeeding general municipal | ||
election in the following manner: | ||
(1) If one officer is to be elected, then the 2 | ||
candidates who receive the highest number of votes shall | ||
be placed on the ballot for the next succeeding general | ||
municipal election. | ||
(2) If 2 alderpersons aldermen are to be elected at | ||
large, then the 4 candidates who receive the highest | ||
number of votes shall be placed on the ballot for the next | ||
succeeding general municipal election. | ||
(3) If 3 alderpersons aldermen are to be elected at | ||
large, then the 6 candidates who receive the highest | ||
number of votes shall be placed on the ballot for the next |
succeeding general municipal election. | ||
The name of a write-in candidate may not be placed on the | ||
ballot for the next succeeding general municipal election | ||
unless he or she receives a number of votes in the primary | ||
election that equals or exceeds the number of signatures | ||
required on a petition for nomination for that office or that | ||
exceeds the number of votes received by at least one of the | ||
candidates whose names were printed on the primary ballot for | ||
nomination for or election to the same office.
| ||
(Source: P.A. 97-81, eff. 7-5-11.)
| ||
(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 aldermen 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. 87-1119.)
| ||
(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 aldermen in
cities shall also apply to | ||
the terms of office of trustees under this
Section.
| ||
(Source: P.A. 95-646, eff. 1-1-08.)
| ||
(65 ILCS 5/3.1-35-35) (from Ch. 24, par. 3.1-35-35)
| ||
Sec. 3.1-35-35. Mayor or president pro tem; temporary | ||
chairman.
| ||
(a) If the mayor or president is temporarily absent |
because of an
incapacity to perform official duties, but the | ||
incapacity does not create a
vacancy in the office, the | ||
corporate authorities shall elect one of their
members to
act | ||
as mayor or president pro tem. The mayor or president pro tem, | ||
during
this absence or disability,
shall perform the duties | ||
and possess all the rights and powers of the
mayor or president | ||
but shall not be entitled to vote both as mayor or
president | ||
pro tem and as alderperson alderman or trustee.
| ||
(b) In the absence of the mayor, president, acting mayor | ||
or president,
or mayor or president pro tem, the corporate | ||
authorities may elect one of
their members to act as a | ||
temporary chairman.
The temporary chairman shall have only the | ||
powers of a presiding
officer and a right to vote only in
the | ||
capacity as alderperson alderman or trustee on any ordinance, | ||
resolution, or
motion.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-40-5) (from Ch. 24, par. 3.1-40-5)
| ||
Sec. 3.1-40-5. Composition. The city council shall consist | ||
of the
mayor
and alderpersons aldermen . It
shall meet in | ||
accordance with the Open Meetings Act. It shall keep a journal
| ||
of its own
proceedings.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-40-10) (from Ch. 24, par. 3.1-40-10)
| ||
Sec. 3.1-40-10. Judge of elections. The city council shall |
be the
sole
judge of the election to
office of the alderpersons | ||
aldermen . It shall also be the sole judge whether under
| ||
Section 3.1-10-5 alderpersons aldermen are eligible to hold | ||
their offices. A court,
however,
shall not be prohibited from | ||
hearing and determining a proceeding in quo
warranto.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-40-15) (from Ch. 24, par. 3.1-40-15)
| ||
Sec. 3.1-40-15. Rules; expulsion. The city council shall | ||
determine
its
own rules of proceeding
and punish its members | ||
for disorderly conduct. With the concurrence of
two-thirds of | ||
the alderpersons aldermen then holding office, it may expel an | ||
alderperson alderman
from a meeting, but not a
second time for | ||
the same incident.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-40-25) (from Ch. 24, par. 3.1-40-25)
| ||
Sec. 3.1-40-25. Meetings. The city council may prescribe, | ||
by
ordinance, the times and
places of the council meetings and | ||
the manner in which special council
meetings may be called. | ||
The mayor or any 3 alderpersons aldermen may call special
| ||
meetings of the city council. In addition to any notice | ||
requirement
prescribed by the city council, public notice of | ||
meetings must be given as
prescribed in Sections 2.02 and 2.03 | ||
of the Open Meetings Act.
| ||
(Source: P.A. 87-1119.)
|
(65 ILCS 5/3.1-40-30) (from Ch. 24, par. 3.1-40-30)
| ||
Sec. 3.1-40-30. Mayor presides. The mayor shall preside at | ||
all
meetings
of the city council. Except as provided in | ||
Articles 4 and 5 of this Code,
the mayor shall not vote on any | ||
ordinance, resolution,
or motion except the following: (i) | ||
where
the vote of the alderpersons aldermen has resulted in a | ||
tie; (ii) where one-half of
the alderpersons aldermen elected | ||
have voted in favor of an ordinance, resolution, or
motion | ||
even though there is no tie vote; or (iii) where a vote greater | ||
than a
majority of the corporate authorities is required by | ||
this Code or an ordinance
to adopt an
ordinance, resolution, | ||
or motion.
Nothing in this Section shall deprive an acting | ||
mayor or mayor
pro tem from voting in the capacity as | ||
alderperson alderman , but he or she shall not be
entitled to | ||
another vote in the capacity as acting mayor or mayor pro
tem.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-40-35) (from Ch. 24, par. 3.1-40-35)
| ||
Sec. 3.1-40-35. Deferral of committee reports. Upon the | ||
request of any
2 alderpersons
aldermen present, any report of | ||
a
committee of the council shall be deferred for final action | ||
to
the next regular meeting of the council after the report is | ||
made.
| ||
(Source: P.A. 87-1119.)
|
(65 ILCS 5/3.1-40-40) (from Ch. 24, par. 3.1-40-40)
| ||
Sec. 3.1-40-40. Vote required. The passage of all | ||
ordinances for
whatever purpose, and of
any resolution or | ||
motion (i) to create any liability against a city or (ii)
for | ||
the expenditure or appropriation of its money shall require | ||
the
concurrence of a majority of all members then holding | ||
office on the city
council, including the mayor, unless | ||
otherwise expressly provided by this
Code or any other Act | ||
governing the passage of any ordinance, resolution,
or motion. | ||
Where the council consists of an odd number of alderpersons
| ||
aldermen , however, the vote of the majority of the | ||
alderpersons aldermen shall be sufficient
to
pass an | ||
ordinance. The passage of an ordinance, resolution, or motion | ||
to
sell any school property shall require the concurrence of | ||
three-fourths of
all alderpersons aldermen then holding | ||
office. The yeas and nays shall be taken upon the
question of | ||
the passage of the designated ordinances, resolutions, or
| ||
motions and recorded in the journal of the city council. In | ||
addition, the
corporate authorities at any meeting may by | ||
unanimous consent take a single
vote by yeas and nays on the | ||
several questions of the passage of any 2 or
more of the | ||
designated ordinances, orders, resolutions, or motions placed
| ||
together for voting purposes in a single group. The single | ||
vote shall
be entered separately in the journal
under the | ||
designation "omnibus vote", and in that event the clerk may | ||
enter
the words "omnibus vote" or "consent agenda" in the |
journal in each case
instead of entering
the names of the | ||
members of city council voting "yea" and those voting
"nay" on | ||
the passage of each of the designated ordinances, orders,
| ||
resolutions, and motions included in the omnibus group or | ||
consent agenda. The taking of a
single or omnibus vote and the | ||
entries of the words "omnibus vote" or
"consent agenda" in the
| ||
journal shall be a sufficient compliance with the requirements | ||
of this
Section to all intents and purposes and with like | ||
effect as if the vote in
each case had been taken separately by | ||
yeas and nays on the question of the
passage of each ordinance, | ||
order, resolution, and motion included in the
omnibus group | ||
and separately recorded in the journal. Likewise, the yeas
and | ||
nays shall be taken upon the question of the passage of any | ||
other
resolution or motion at the request of any alderperson | ||
alderman and shall be recorded
in the journal.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-40-50) (from Ch. 24, par. 3.1-40-50)
| ||
Sec. 3.1-40-50. Reconsideration; passing over veto. Every | ||
resolution
and motion specified in Section 3.1-40-45, and | ||
every ordinance, that is
returned to the city council by
the | ||
mayor shall be reconsidered by the city council at the next | ||
regular
meeting following the regular meeting at which the | ||
city council receives the
mayor's written objection. If, after
| ||
reconsideration, two-thirds of all the alderpersons aldermen | ||
then holding office on
the city council agree at that regular |
meeting to pass an ordinance,
resolution, or
motion, | ||
notwithstanding the mayor's refusal to approve it, then it | ||
shall
be effective. The vote on the question of passage over | ||
the mayor's veto
shall be by yeas and nays and shall be | ||
recorded in the journal.
| ||
This Section does not apply to municipalities with more | ||
than 500,000
inhabitants.
| ||
(Source: P.A. 91-489, eff. 1-1-00.)
| ||
(65 ILCS 5/3.1-40-55) (from Ch. 24, par. 3.1-40-55)
| ||
Sec. 3.1-40-55. Reconsideration; requisites. No vote of | ||
the city
council shall be reconsidered or
rescinded at a | ||
special meeting unless there are present at the special
| ||
meeting at least as many alderpersons aldermen as were present | ||
when the vote was taken.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-45-5) (from Ch. 24, par. 3.1-45-5)
| ||
Sec. 3.1-45-5. Composition; manner of acting. The board of | ||
trustees
shall consist of the president and
trustees and, | ||
except as otherwise provided in this Code, shall exercise
the | ||
same powers and perform the same duties as the city council in
| ||
cities. It shall pass ordinances, resolutions, and motions in | ||
the same
manner as a city council. The president of the board | ||
of trustees may
exercise the same veto power and powers in | ||
Section 3.1-40-30, and with like
effect, as the mayor of a
|
city. The trustees may pass motions, resolutions, and | ||
ordinances over
the president's veto in like manner as the | ||
alderpersons aldermen of a city council.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-45-15) (from Ch. 24, par. 3.1-45-15)
| ||
Sec. 3.1-45-15. Powers and duties. The trustees, except as | ||
otherwise
provided in this Code, shall
perform the duties and | ||
exercise the powers conferred upon the alderpersons aldermen | ||
of a
city.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/3.1-55-5) (from Ch. 24, par. 3.1-55-5)
| ||
Sec. 3.1-55-5. Certificate of appointment. Whenever a | ||
person has been
appointed or elected to office, the
mayor or | ||
president shall issue a certificate of appointment or | ||
election,
under the corporate seal, to the municipal clerk. | ||
All officers elected or
appointed under this Code, except the | ||
municipal clerk, alderperson alderman , mayor,
trustees, and | ||
president, shall be commissioned by warrant, under the
| ||
corporate seal, signed by the municipal clerk and the mayor, | ||
acting mayor,
or mayor pro tem, or presiding officer of the | ||
corporate authorities.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/4-1-2) (from Ch. 24, par. 4-1-2)
|
Sec. 4-1-2. Definitions. In this Article, unless the | ||
context
otherwise requires:
| ||
(a) Any office or officer named in Any act referred to in | ||
this Article,
when applied to cities or villages under the | ||
commission form of municipal
government, means the office or | ||
officer having the same functions or duties
under this Article | ||
or under ordinances passed by authority of this
Article.
| ||
(b) "Commissioner", " alderperson alderman ", or "village | ||
trustee" means
commissioner when applied to duties under this | ||
Article.
| ||
(c) "City council", "board of
trustees", or
"corporate | ||
authorities" means "council" when applied to duties under this
| ||
Article.
| ||
(d) "Franchise" includes every special privilege or right | ||
in the
streets, alleys, highways, bridges, subways, viaducts, | ||
air, waters, public
places, and other public property that | ||
does not belong to the citizens
generally by common right, | ||
whether granted by the State or the city or
village.
| ||
(e) "City" includes village.
| ||
(f) "Municipal" or "municipality" means either city or | ||
village.
| ||
(g) "Treating" means the entertaining of a person with | ||
food, drink,
tobacco, or drugs.
| ||
(h) "Treats" means the food, drink, tobacco, or drugs, | ||
requested,
offered, given, or received, in treating or for the | ||
entertainment of a
person.
|
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/4-10-1) (from Ch. 24, par. 4-10-1)
| ||
Sec. 4-10-1.
Any municipality, which has operated for more | ||
than 2 years
under the commission form of municipal | ||
government, may abandon its operation
under this article and | ||
accept the provisions of the general law of the State
then | ||
applicable to municipalities, by proceedings as follows:
| ||
When a petition signed by electors of the municipality | ||
equal in number
to at least 25% of the number of votes cast for | ||
the candidates for mayor
at the last preceding general | ||
quadrennial municipal election is filed with
the municipal | ||
clerk, the clerk shall certify the proposition
to the proper | ||
election authorities for submission to the electors
of the | ||
municipality. The proposition
shall be in substantially the | ||
following form:
| ||
-------------------------------------------------------------
| ||
Shall the city (or village) YES
| ||
of.... retain the commission ----------------------------
| ||
form of municipal government? NO
| ||
-------------------------------------------------------------
| ||
In municipalities which have adopted the City Election | ||
Law, however, this
proposition shall be filed with the clerk | ||
of that
board. However, in municipalities with less than | ||
50,000 inhabitants this
proposition shall only be submitted | ||
within the year preceding the expiration
of the terms of |
office of the elective officers of the municipality and
shall | ||
not be submitted more often than once in that year.
In | ||
municipalities with 50,000 or more inhabitants this | ||
proposition shall
not be submitted more often than once in 22 | ||
months.
| ||
If a majority of the votes cast on this proposition are | ||
against the proposition,
the officers elected at the next | ||
succeeding general municipal election shall
be those then | ||
prescribed in Article 3. Upon the qualification of these | ||
officers
the municipality shall become a city or village under | ||
this Code, but this
change shall not affect in any manner or | ||
degree the property rights or liabilities
of any nature of the | ||
municipality, but shall merely extend to the change
in its | ||
form of government.
| ||
The first city council or board of trustees elected after | ||
the abandonment
of the commission form of municipal government | ||
shall have the same number
of alderpersons aldermen or | ||
trustees as were provided in the municipality at the time
of | ||
its adoption of this article, and the municipality shall have | ||
the same
ward and precinct boundaries.
| ||
(Source: P.A. 81-1489 .)
| ||
(65 ILCS 5/5-1-4) (from Ch. 24, par. 5-1-4)
| ||
Sec. 5-1-4. Procedure for adopting managerial form of | ||
government.
| ||
(a) Cities and villages described in Section 5-1-1, in |
order
to vest themselves with the managerial form of municipal | ||
government,
shall act in accordance with the procedure | ||
provided in Sections 5-1-4
through 5-1-11 unless modified | ||
elsewhere in this Article 5. In cities
that are operating | ||
under Section 3.1-20-10 and
villages operating under
Section | ||
3.1-25-75 at the time of the adoption of this Article 5,
the | ||
forms
of petition and ballot prescribed in Sections 5-1-5 and | ||
5-1-7 may at the
option of the petitioners be modified to | ||
contain the following
additional proposition:
| ||
Shall (name of city or village), if it
adopts the | ||
managerial
form of municipal government, continue to elect | ||
alderpersons aldermen (or trustees)
from wards (or | ||
districts)?
| ||
(b) In any city operating under Section 3.1-20-10 at
the | ||
time of adoption of
this Article 5, at the option of the | ||
petitioners and in addition to the
optional proposition | ||
provided for in subsection (a), the forms
of petition and | ||
ballot prescribed in Sections 5-1-6 and 5-1-8 may be
further | ||
modified to contain the following additional proposition:
| ||
Shall only one alderperson alderman hereafter be | ||
elected from each ward if (name of
city) adopts the | ||
managerial form of municipal government and also
elects to | ||
continue the alderperson aldermanic organization for the | ||
city council?
| ||
(c) If 2 or more forms of petition allowed under this
| ||
Section are presented to the chief judge of the circuit court |
or
any judge of that circuit designated by the chief judge, the | ||
judge shall
cause only the question or questions contained in | ||
the first petition so
presented to be submitted to referendum, | ||
if he or she finds
that the petition
is in proper form and | ||
legally sufficient.
| ||
(d) If a majority of the electors voting on the | ||
proposition
vote to adopt
the managerial form of municipal | ||
government, then this Article 5 shall
become effective in the | ||
city or village upon the date of the next
general municipal | ||
election at which any corporate authority is elected. The | ||
operation of the managerial form of municipal government,
for | ||
purposes of voting on the question to abandon set out in | ||
Section
5-5-1, however, shall not be deemed to begin until a | ||
manager is appointed.
| ||
(e) The city council or board of trustees of a city or | ||
village
that adopts the
provisions of this Article 5 under | ||
this Section may, if it so
desires, by the adoption of an | ||
ordinance immediately after the
adoption
of this Article 5 has | ||
been proclaimed, appoint a city or village
manager and | ||
reorganize
the administration of the municipality in | ||
conformance with this Article 5. This
Article 5,
except as
to | ||
the membership of the council in cities or villages in which | ||
representation
by wards or
districts has not been retained, | ||
shall be in effect upon the
proclamation of the results of the | ||
adopting referendum.
| ||
(Source: P.A. 87-1119.)
|
(65 ILCS 5/5-2-1) (from Ch. 24, par. 5-2-1)
| ||
Sec. 5-2-1.
If a city or village adopts the managerial | ||
form of municipal
government and also elects to choose | ||
alderpersons aldermen or trustees, as the case may
be, from | ||
wards or districts, then the city council shall be constituted | ||
as
provided in Sections 5-2-2 through 5-2-10 and the village | ||
board shall be
constituted as provided in Section 5-2-11 and | ||
the incumbent alderpersons aldermen ,
trustees, mayor, | ||
president, clerk and treasurer shall continue in office
until | ||
expiration of their present terms. If a city has voted to elect | ||
only
one alderperson alderman from each ward then no election | ||
for a successor for the alderperson
alderman from each ward | ||
whose term next expires shall be held, and upon the
expiration | ||
of the terms of the alderpersons aldermen having the longest | ||
time to serve at
the time of adoption of this Article 5 only | ||
one successor shall be elected
from each ward. In case a city | ||
votes to elect only one alderperson alderman from each
ward, | ||
the number of alderpersons aldermen prescribed by Section | ||
5-2-2 shall be halved,
for the purposes of this Article 5 and | ||
the provisions of Section 5-2-4
prescribing the number of | ||
wards shall not apply but such city shall have an
equal number | ||
of wards and alderpersons aldermen . The mayor of a city and the | ||
president
of a village board shall be elected from the city or | ||
village at large.
| ||
(Source: Laws 1961, p. 576.)
|
(65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)
| ||
Sec. 5-2-2. Except as otherwise provided in Section 5-2-3, | ||
the number of alderpersons
aldermen , when not elected by the | ||
minority representation plan, shall be as
follows: In cities | ||
not exceeding 3,000 inhabitants, 6 alderpersons aldermen ; | ||
exceeding
3,000, but not exceeding 15,000, 8 alderpersons | ||
aldermen ; exceeding 15,000 but not
exceeding 20,000, 10 | ||
alderpersons aldermen ; exceeding 20,000 but not exceeding | ||
30,000,
14 alderpersons aldermen ; and 2 additional | ||
alderpersons aldermen for every 20,000 inhabitants over
| ||
30,000. In all cities of less than 500,000, 20 alderpersons | ||
aldermen shall be the
maximum number permitted except as | ||
otherwise provided in the case of alderpersons-at-large
| ||
aldermen-at-large . No redistricting shall be required in order | ||
to reduce
the number of alderpersons aldermen heretofore | ||
provided for. Two alderpersons aldermen shall be
elected to | ||
represent each ward.
| ||
If it appears from any census specified in Section 5-2-5 | ||
and taken not
earlier than 1940 that any city has the requisite | ||
number of inhabitants to
authorize it to increase the number | ||
of alderpersons aldermen , the city council shall
immediately | ||
proceed to redistrict the city in accordance with the
| ||
provisions of Section 5-2-5, and it shall hold the next city | ||
election in
accordance with the new redistricting. At this | ||
election the alderpersons aldermen whose
terms of office are |
not expiring shall be considered alderpersons aldermen for the | ||
new
wards respectively in which their residences are situated. | ||
At this election a candidate for alderperson alderman may be | ||
elected from any ward that contains a part of the ward in which | ||
he or she resided at least one year next preceding the election | ||
that follows the redistricting,
and, if elected, that person | ||
may be reelected from the new ward he or she represents if he | ||
or she
resides in that ward for at least one year next | ||
preceding reelection. If there are 2
or more alderpersons | ||
aldermen with terms of office not expiring and residing in the | ||
same
ward under the new redistricting, the alderperson | ||
alderman who holds over for that ward
shall be determined by | ||
lot in the presence of the city council, in whatever
manner the | ||
council shall direct and all other alderpersons aldermen shall | ||
fill their
unexpired terms as alderpersons-at-large | ||
aldermen-at-large . The alderpersons-at-large | ||
aldermen-at-large , if any, shall
have the same power and | ||
duties as all other alderpersons aldermen but upon expiration | ||
of
their terms the offices of alderpersons-at-large | ||
aldermen-at-large shall be abolished.
| ||
If the re-districting results in one or more wards in | ||
which no alderpersons aldermen
reside whose terms of office | ||
have not expired, 2 alderpersons aldermen shall be elected
in | ||
accordance with the provisions of Section 5-2-8.
| ||
(Source: P.A. 93-847, eff. 7-30-04.)
|
(65 ILCS 5/5-2-3) (from Ch. 24, par. 5-2-3)
| ||
Sec. 5-2-3.
In any city or village of less than 100,000 | ||
inhabitants,
a proposition to restrict the number of | ||
alderpersons aldermen to one-half of the
total authorized by | ||
Section 5-2-2, with one alderperson alderman representing each
| ||
ward, shall be certified by the municipal clerk to the proper | ||
election
authority who shall submit the proposition at an | ||
election in accordance
with the general election law, if a | ||
petition
requesting such
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 board | ||
of trustees of the municipality, and is filed with the city
or | ||
village clerk in accordance with the general election law.
| ||
The proposition shall be substantially in the
following | ||
form:
| ||
-------------------------------------------------------------
| ||
Shall the City (or Village) of
| ||
........ restrict the number of alderpersons YES
| ||
aldermen to one-half of the total
| ||
authorized by Section 5-2-2 of the ------------------------
| ||
Illinois Municipal Code, with one NO
| ||
alderperson alderman representing each ward?
| ||
-------------------------------------------------------------
| ||
If a majority of those voting upon the proposition vote in | ||
favor of
it, all existing aldermanic terms of alderpersons | ||
shall expire as of the date of the
next regular aldermanic |
election of alderpersons , at which time a full complement of | ||
alderpersons
aldermen shall be elected for the full term.
| ||
(Source: P.A. 81-1489 .)
| ||
(65 ILCS 5/5-2-3.1) (from Ch. 24, par. 5-2-3.1)
| ||
Sec. 5-2-3.1.
In any municipality in which only one | ||
alderperson alderman is elected from each
ward, a proposition | ||
to stagger the terms of alderpersons aldermen , with as nearly | ||
as
possible one-half of the alderpersons aldermen elected | ||
every 2 years, shall be
certified to the proper election | ||
authority who shall submit the proposition
at an election in | ||
accordance with the general election law, if a petition
| ||
requesting such action is signed
by electors of the | ||
municipality numbering at least 10% of the total vote
cast at | ||
the last election for mayor or president of the board of
| ||
trustees of the municipality and is filed with the municipal | ||
clerk.
| ||
The proposition shall be substantially in the
following | ||
form:
| ||
-------------------------------------------------------------
| ||
Shall the City (or Village) of YES
| ||
............ adopt a system of ---------------------------
| ||
staggered terms for alderpersons aldermen ? NO
| ||
-------------------------------------------------------------
| ||
If a majority of those voting on the proposition vote in | ||
favor of it,
at the next regular election for alderpersons |
aldermen , one alderperson alderman shall be elected
from each | ||
even-numbered ward for a term of 2 years, and one alderperson | ||
alderman
shall be elected from each odd-numbered ward for a | ||
term of 4 years.
Thereafter, their successors shall be elected | ||
for terms of 4 years.
| ||
(Source: P.A. 81-1489 .)
| ||
(65 ILCS 5/5-2-4) (from Ch. 24, par. 5-2-4)
| ||
Sec. 5-2-4.
Except as otherwise provided in Section 5-2-3, | ||
every city shall
have one-half as many wards as the total | ||
number of alderpersons aldermen to which the
city is entitled. | ||
The city council, from time to time shall divide the city
into | ||
that number of wards. In the formation of wards the population | ||
of each
shall be as nearly equal, and the wards shall be of as | ||
compact and
contiguous territory, as practicable.
| ||
(Source: Laws 1961, p. 576.)
| ||
(65 ILCS 5/5-2-5) (from Ch. 24, par. 5-2-5)
| ||
Sec. 5-2-5.
Whenever an official publication of any | ||
national, state,
school, or city census shows that any city | ||
contains more or less wards
than it is entitled to, the city | ||
council of the city, by ordinance,
shall redistrict the city | ||
into as many wards only as the city is
entitled. This | ||
redistricting shall be completed not less than 30 days
before | ||
the first date fixed by law for the filing of candidate
| ||
petitions for the next succeeding election for city
officers. |
At this election there shall be elected the number of | ||
alderpersons aldermen
to which the city is entitled.
| ||
(Source: P.A. 81-1489.)
| ||
(65 ILCS 5/5-2-7) (from Ch. 24, par. 5-2-7)
| ||
Sec. 5-2-7.
If, after a specified census is officially | ||
published, any city
is divided into a greater number of wards | ||
and has elected a greater number
of alderpersons aldermen than | ||
the city is entitled, nevertheless such division and
election | ||
shall be valid and all acts, resolutions, and ordinances of | ||
the
city council of such city, if in other respects in | ||
compliance with law, are
valid.
| ||
(Source: Laws 1961, p. 576.)
| ||
(65 ILCS 5/5-2-8) (from Ch. 24, par. 5-2-8)
| ||
Sec. 5-2-8. Staggered terms; tenure.
| ||
(a) Alderpersons Aldermen elected at the first
election | ||
for city officers after
the election of alderpersons aldermen | ||
for the initial terms provided for in Section
2-2-11 shall | ||
draw lots to determine (i) which of the alderpersons aldermen | ||
in each ward
shall hold for a 4 year term and until a successor | ||
is elected
and has
qualified and (ii) which in each ward shall | ||
hold for a 2 year
term and until
a successor is elected and has | ||
qualified. All alderpersons aldermen elected
after that first | ||
election shall hold office for a term of 4 years
and until | ||
their successors are
elected and have qualified, except in |
cities that adopt a 2 year term as
provided in Section | ||
3.1-10-65 and except as is otherwise provided in Section
| ||
5-2-3.
| ||
(b) If a city that has had the minority representation
| ||
plan has voted not
to retain the plan, then, at the first | ||
election for city officers following
the vote, 2 alderpersons | ||
aldermen shall be elected from each ward in the city.
Their
| ||
terms shall be staggered by the process specified in this | ||
Section. The
tenure of these alderpersons aldermen and their | ||
successors shall be the same as that
stated in subsection (a).
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/5-2-11) (from Ch. 24, par. 5-2-11)
| ||
Sec. 5-2-11. In any village which adopts this Article 5, | ||
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.
| ||
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 prior to his
election, unless the trustee is a | ||
resident of a newly incorporated municipality. Only the | ||
electors of a district shall elect the trustee from that
| ||
district.
| ||
The provisions of Section 5-2-8 relating to terms of | ||
office of alderpersons aldermen
in cities shall also apply to |
the terms of office of trustees under this
section.
| ||
(Source: P.A. 95-646, eff. 1-1-08.)
| ||
(65 ILCS 5/5-2-12) (from Ch. 24, par. 5-2-12)
| ||
Sec. 5-2-12. Alderpersons Aldermen or trustees elected at | ||
large; vacancies;
mayor or president to preside.
| ||
(a) If a city or village adopts the managerial
form of | ||
municipal
government but does not elect to choose alderpersons | ||
aldermen or trustees from wards
or districts, then the | ||
following provisions of this Section shall be
applicable.
| ||
(b) The city council shall be elected at large. In cities | ||
of less than
50,000
population, the council shall consist of | ||
(i) the mayor and 4 councilmen or (ii) the mayor and 6 | ||
councilmen if the size of the city council is increased under | ||
subsection (k). In
cities
of at least 50,000 but less than | ||
100,000 population,
the council shall consist of
the mayor and | ||
6 councilmen. In cities of at least 100,000 but not more than | ||
500,000
population, the council shall consist of the mayor and | ||
8 councilmen.
| ||
(c) Except in villages that were governed by Article 4
| ||
immediately before
the adoption of the managerial form of | ||
municipal government, the village
board shall be elected at | ||
large and shall consist of a president and the number
of | ||
trustees provided for in Section 5-2-15 or 5-2-17,
whichever | ||
is applicable.
| ||
(d) The term of office of the mayor and councilmen shall be |
4 years, provided
that in cities of less than 50,000, the 2 | ||
councilmen receiving the lowest
vote at the first election | ||
shall serve for 2 years only; in cities of at
least 50,000 but | ||
less than 100,000, the 3 councilmen receiving the lowest vote | ||
at the
first election shall serve for 2 years only; and in | ||
cities of at least
100,000 but
not more than 500,000, the 4 | ||
councilmen receiving the lowest vote at the
first election | ||
shall serve for 2 years only.
| ||
(e) The election of councilmen shall be every 2 years. | ||
After the first election,
only 2 councilmen in cities of less | ||
than
50,000, 3 councilmen in cities
of at least 50,000 but less | ||
than 100,000, or 4
councilmen in cities of at least 100,000 but
| ||
not more than 500,000, shall be voted for by each elector at | ||
the primary
elections, and only 2, 3, or 4 councilmen, as the | ||
case may be, shall be voted
for by each elector at each | ||
biennial general municipal election,
to serve for 4 years.
| ||
(f) In addition to the requirements of the general | ||
election law, the ballots
shall be in the form set out in | ||
Section 5-2-13. In cities with less than
50,000, the form of | ||
ballot prescribed in Section 5-2-13 shall be further
modified | ||
by printing in the place relating to councilmen the words | ||
"Vote
for not more than Two", or "Vote for not more than Three" | ||
if the size of the city council is increased under subsection | ||
(k), instead of the words "Vote for not more than Four". In | ||
cities of
at least 50,000 but
less than 100,000, the ballot | ||
shall be modified in that place by printing
the words "Vote for |
not more than Three" instead of the words "Vote for not more | ||
than Four". Sections 4-3-5 through 4-3-18, insofar as they may | ||
be applicable, shall
govern the election of a mayor and | ||
councilmen under this Section.
| ||
(g) If a vacancy occurs in the office of mayor or | ||
councilman, the remaining
members of the council, within 60 | ||
days after the
vacancy occurs, shall fill the vacancy by | ||
appointment of some person to
the office for
the balance of the | ||
unexpired term or until the vacancy is filled by interim
| ||
election under Section 3.1-10-50, and
until the successor is | ||
elected and
has qualified.
| ||
(h) Except in villages that were governed by Article 4
| ||
immediately before
the adoption of the managerial form of | ||
municipal government, in villages
that have adopted this | ||
Article 5 the term of office of the
president, the
number of | ||
trustees to be elected, their terms of office, and the manner | ||
of
filling vacancies shall be governed by Sections
5-2-14 | ||
through 5-2-17.
| ||
(i) Any village that adopts the managerial form of
| ||
municipal government under
this Article 5 and that, | ||
immediately before that
adoption, was governed by the
| ||
provisions of Article 4, shall continue to elect a mayor and
4 | ||
commissioners in accordance with Sections 4-3-5 through
| ||
4-3-18, insofar as they may be applicable, except that the 2 | ||
commissioners
receiving the lowest vote among those elected at | ||
the first election after
this Article 5 becomes effective in |
the village shall serve for 2
years
only. After that first | ||
election, the election of
commissioners shall be every 2 | ||
years, and
2 commissioners shall be elected at each election | ||
to serve for 4
years. | ||
(j) The mayor or president shall preside at all meetings | ||
of the council
or
board and on all ceremonial occasions. | ||
(k) In cities of less than 50,000 population, the city | ||
council may, by ordinance, provide that the city council | ||
shall, after the next biennial general municipal election, | ||
consist of 6 instead of 4 councilmen. If the size of the | ||
council is increased to 6 councilmen, then at the next | ||
biennial general municipal election, the electors shall vote | ||
for 4 instead of 2 councilmen. Of the 4 councilmen elected at | ||
that next election, the one receiving the lowest
vote at that | ||
election shall serve a 2-year term. Thereafter, all terms | ||
shall be for 4 years.
| ||
(Source: P.A. 95-862, eff. 8-19-08.)
| ||
(65 ILCS 5/5-2-17) (from Ch. 24, par. 5-2-17)
| ||
Sec. 5-2-17.
Trustees; certain villages incorporated under | ||
special
Acts.
| ||
(a) In every village specified in Section 5-2-12 | ||
incorporated and
existing under any special Act that, before
| ||
June 4, 1909, under
any special Act, annually elected members | ||
of its legislative body, the
electors of the village, 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. Thereafter, the terms shall be | ||
for the same
length of time as provided
for alderpersons | ||
aldermen in Section 3.1-20-35.
| ||
(b) The electors of a village or
incorporated town | ||
described in subsection (a) 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, 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,
and they | ||
shall hold their offices for terms of 2 years each.
| ||
(c) Any village described in subsection (a) that, before | ||
January 2, 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. Any village
| ||
described in subsection (a) that, before January 2, 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 village, 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.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/5-2-18) (from Ch. 24, par. 5-2-18)
| ||
Sec. 5-2-18.
In any city which has adopted this Article 5 | ||
and which elects
a mayor and councilmen as provided in Section | ||
5-2-12, a proposition to elect alderpersons
aldermen from | ||
wards as provided in Article 3 of this Code, except that only
| ||
one alderperson alderman may be elected from each ward, shall | ||
be certified by the
city clerk to the proper election | ||
authority who shall submit such proposition
at the general | ||
municipal election in accordance with the general election
| ||
law, if a petition signed by electors
of the city numbering not | ||
less than 10% of the total vote cast for mayor
at the last | ||
preceding election, is filed with the city clerk.
| ||
The proposition shall be substantially in the
following | ||
form:
| ||
-------------------------------------------------------------
| ||
Shall the city of.... be divided
| ||
into wards with one alderperson alderman to be YES
| ||
elected from each ward, but with the ----------------------
| ||
mayor to be elected from the city NO
| ||
at large?
| ||
-------------------------------------------------------------
| ||
If a majority of those voting on the proposition vote | ||
"yes", then the
sitting city council shall proceed to divide |
the city into wards in the
manner provided in Article 3 and one | ||
alderperson alderman shall be elected from each
ward at the | ||
next general municipal election of any city officer. Upon
the | ||
election and qualification of such alderpersons aldermen the | ||
terms of office of
all sitting councilmen shall expire. After | ||
the adoption of such
proposition the provisions of Article 3 | ||
shall be applicable to the
division of the city into wards and | ||
to the election of the mayor and alderpersons
aldermen of such | ||
city, except that only one alderperson alderman shall be | ||
elected
from each ward.
| ||
(Source: P.A. 81-1489 .)
| ||
(65 ILCS 5/5-2-18.1) (from Ch. 24, par. 5-2-18.1)
| ||
Sec. 5-2-18.1.
In any city or village which has adopted | ||
this Article and also has
elected to choose alderpersons | ||
aldermen from wards or trustees from districts, as the
case | ||
may be, a proposition to elect the city council at large shall | ||
be
submitted to the electors in the manner herein provided.
| ||
Electors of such city or village, equal to not less than | ||
10% of the
total vote cast for all candidates for mayor or | ||
president in the last
preceding municipal election for such | ||
office, may petition for the submission
to a vote of the | ||
electors of that city or village the
proposition whether the | ||
city council shall be elected at large. The
petition shall be | ||
in the same form as prescribed in Section 5-1-6,
except that | ||
said petition shall be modified as to the wording of the
|
proposition to be voted upon to conform to the wording of the
| ||
proposition as hereinafter set forth, and shall
be filed with | ||
the city clerk in accordance with the general election law.
| ||
The clerk shall certify the proposition to the proper election | ||
authorities
who shall submit the proposition at an election in | ||
accordance with the general
election law.
| ||
However,
such proposition shall not be submitted at the
| ||
general primary election for the municipality.
| ||
The proposition shall be in substantially the
following | ||
form:
| ||
-------------------------------------------------------------
| ||
Shall the city (or village) of
| ||
.... elect the city council at YES
| ||
large instead of alderpersons aldermen ------------
| ||
(or trustees) from wards (or NO
| ||
districts)?
| ||
-------------------------------------------------------------
| ||
If a majority of those voting on the proposition vote | ||
"yes", then the
city council shall be elected at large at the | ||
next general municipal
election and the provisions of Section | ||
5-2-12 shall be applicable. Upon
the election and | ||
qualification of such council men or trustees, the
terms of | ||
all sitting alderpersons aldermen shall expire.
| ||
(Source: P.A. 81-1489 .)
| ||
(65 ILCS 5/5-2-18.2) (from Ch. 24, par. 5-2-18.2)
|
Sec. 5-2-18.2.
In any city which has adopted this Article, | ||
and also has elected to
choose alderpersons aldermen from | ||
wards, a proposition to elect part of the city
council at large | ||
and part from districts shall be submitted to the
electors | ||
upon the petition herein provided.
| ||
Electors of such city, equal in number to not less than 10% | ||
of the
total vote cast for all candidates for mayor in the last | ||
preceding
municipal election for such office, may petition for | ||
the submission
to a vote of the electors of that city the
| ||
proposition whether part of the city council shall be elected | ||
at large
and part from districts. The petition shall be in the | ||
same form as
prescribed in Section 5-1-6, except that said | ||
petition shall be modified
as to the wording of the | ||
proposition to be voted upon, to conform to the
wording of the | ||
proposition as hereinafter set
forth, and shall be filed with | ||
the city clerk in accordance with the general
election law. | ||
The city clerk shall certify the proposition to the proper
| ||
election authorities who shall submit the proposition at an | ||
election in
accordance with the general election law.
| ||
However, such proposition shall not be submitted at the | ||
general primary
election for the municipality.
| ||
The proposition shall be substantially in the
following | ||
form:
| ||
-------------------------------------------------------------
| ||
Shall the city of....
| ||
elect part of the councilmen YES
|
at large and part of ----------------------------
| ||
the councilmen from NO
| ||
districts?
| ||
-------------------------------------------------------------
| ||
If a majority of those voting on the proposition vote | ||
"yes", then at
the next general municipal election and every 4 | ||
years thereafter, a
mayor and part of the councilmen shall be | ||
elected at large and part of
the councilmen shall be elected | ||
from wards, the total number of
councilmen to be elected to | ||
equal the number of alderpersons aldermen authorized to
be | ||
elected prior to adoption of the proposition.
| ||
The city council shall divide the city, whenever necessary
| ||
thereafter, into districts which shall be of as compact and | ||
contiguous
territory as practicable and of approximately equal | ||
population. The
number of such districts shall be equal to | ||
half the number of alderpersons aldermen
then authorized to be | ||
elected to office in such city. If there is an odd
number of | ||
such alderpersons aldermen , the number of districts | ||
established shall be
equal to the number which represents a | ||
majority of the number of such alderpersons
aldermen .
| ||
One councilman, who is an actual resident of the district, | ||
shall be
elected from each district. Only the electors of a | ||
district shall elect
a councilman from that district. The rest | ||
of the number of councilmen
authorized shall be elected at | ||
large.
| ||
The mayor and councilmen shall hold their respective |
offices for the
term of 4 years and until their successors are | ||
elected and qualified.
Upon the election and qualification of | ||
the councilmen, the terms of all
sitting alderpersons aldermen | ||
shall expire.
| ||
(Source: P.A. 81-1489 .)
| ||
(65 ILCS 5/5-2-18.7) (from Ch. 24, par. 5-2-18.7)
| ||
Sec. 5-2-18.7. In any city which has adopted this Article, | ||
and is electing the city
council at large or has elected to | ||
choose alderpersons aldermen from wards, a
proposition to | ||
elect part of the city council at large and part from
districts | ||
with staggered four year terms and biennial elections for
| ||
councilmen shall be submitted to the electors upon initiation | ||
in the manner
herein provided.
| ||
Electors of such city, equal in number to not less than 10% | ||
of the
total vote cast for all candidates for mayor in the last | ||
preceding
municipal election for such office, may petition for | ||
submission, or, in
the alternative, the city council may by
| ||
ordinance without a petition cause to be submitted, to a vote | ||
of the
electors of that city the proposition whether part of | ||
the city council
shall be elected at large and part from | ||
districts with staggered four
year terms and biennial | ||
elections for councilmen. The petition shall be
in the same | ||
form as prescribed in Section 5-1-6, except that the
petition | ||
shall be modified as to the wording of the proposition to be
| ||
voted upon, to conform to the wording of the proposition as |
hereinafter
set forth, and shall be filed with the city clerk | ||
in accordance with the
general election law. The city clerk | ||
shall certify the proposition to the
proper election | ||
authorities who shall submit the proposition at an election
in | ||
accordance with the general election law.
| ||
However, such proposition shall not be submitted at
the | ||
general primary election for the municipality.
| ||
The proposition shall be substantially in the
following | ||
form:
| ||
-------------------------------------------------------------
| ||
Shall the city of....
| ||
elect part of the councilmen at large YES
| ||
and part of the councilmen from ----------------------
| ||
districts with staggered four year NO
| ||
terms and biennial elections?
| ||
-------------------------------------------------------------
| ||
If a majority of those voting on the proposition vote | ||
"yes", then at
the next general municipal election at which a | ||
mayor is to be elected, a
mayor and councilmen shall be elected | ||
as hereinafter provided.
| ||
In cities of less than 50,000 population, the council | ||
shall consist
of the mayor and 6 councilmen, 2 councilmen | ||
being elected at large and 4
councilmen being elected from | ||
districts. In cities of 50,000 and not
more than 500,000 | ||
population, the council shall consist of the mayor and
8 | ||
councilmen, 3 councilmen being elected at large and 5 |
councilmen being
elected from districts.
| ||
The city council shall divide the city, whenever necessary
| ||
thereafter, into districts which shall be of as compact and | ||
contiguous
territory as practicable and of approximately equal | ||
population. The
number of such districts shall be the same as | ||
the number of councilmen
to be elected from districts.
| ||
One councilman who is an actual resident of the district, | ||
shall be
elected from each district. Only the electors of a | ||
district shall elect
a councilman from that district. The rest | ||
of the number of councilmen
authorized shall be elected at | ||
large.
| ||
The term of office of the Mayor and Councilmen shall be 4 | ||
years,
provided that at the first election the Councilmen | ||
elected at large
shall serve for 2 years only. Thereafter the | ||
election of Councilmen
shall be biennial, and after the first | ||
election the Mayor and all
Councilmen shall be elected for 4 | ||
year terms to fill expiring terms of
incumbents.
| ||
The Mayor and Councilmen shall hold their respective | ||
offices for the
term of 4 years as herein provided, and until | ||
their successors are
elected and qualified. Upon the election | ||
and qualification of the
Councilmen, the terms of all sitting | ||
alderpersons aldermen or councilmen elected at
large pursuant | ||
to the provisions of Section 5-2-12 shall expire.
| ||
For the first primary election a distinct ballot shall be | ||
printed for each
district. At the top of the ballot shall be | ||
the following:
CANDIDATES FOR NOMINATION FOR MAYOR (when Mayor |
is to be elected) AND
COUNCILMEN OF THE CITY OF.... AT THE | ||
PRIMARY ELECTION. Under the
subtitle of FOR MAYOR (when | ||
applicable) shall be placed the following:
(VOTE FOR ONE). | ||
There shall be placed below the names of the candidates
for | ||
Mayor, if any, another subtitle as follows: FOR COUNCILMEN AT
| ||
LARGE. Following this subtitle there shall be an instruction | ||
in this
form, to be altered, however, to conform to the facts: | ||
(VOTE FOR NOT MORE THAN....)
(Insert number of Councilmen | ||
being elected). Following the names of the
candidates for | ||
councilmen at large, there shall be another subtitle in
the | ||
following form: FOR DISTRICT COUNCILMAN. Following this | ||
subtitle
there shall be the following direction: (VOTE FOR | ||
ONE). In other
respects the ballots shall conform to the | ||
applicable provisions of
Sections 4-3-10 and 5-2-13.
| ||
To determine the number of nominees who shall be placed on | ||
the ballot
under each subtitle at the general municipal | ||
election, the number of
officers who will be chosen under each | ||
subtitle shall be multiplied by
2. Only those candidates at | ||
the primary election shall be nominees under
each subtitle at | ||
the general municipal election and, where but one
officer is | ||
to be elected, the 2 candidates receiving the highest number
| ||
of votes shall be placed upon the ballot for the next | ||
succeeding general
municipal election. Where 2 councilmen are | ||
to be elected, the 4
candidates receiving the highest number | ||
of votes shall be placed upon
the ballot. Where 3 councilmen | ||
are to be elected, the names of the 6
candidates receiving the |
highest number of votes shall be placed upon
the ballot.
| ||
The ballots for the election of officers at the first | ||
general
municipal election shall be prepared in compliance | ||
with Section 4-3-16,
with the following changes:
| ||
(1) Following the names of the candidates for Mayor (when
| ||
applicable) there shall be printed a subtitle: FOR COUNCILMAN | ||
AT LARGE:
following this subtitle shall be an instruction in | ||
this form: (VOTE FOR
NOT MORE THAN ....) (Insert number of | ||
councilmen to be elected). The names of the
nominees for | ||
councilmen at large shall follow the instruction.
| ||
(2) Following the names of the nominees for councilmen at | ||
large
shall be printed another subtitle: FOR DISTRICT | ||
COUNCILMAN. Following
this subtitle shall be an instruction in | ||
this form: (VOTE FOR ONE) and
following this instruction shall | ||
be printed the names of the 2 nominees.
| ||
Thereafter, the ballots for the biennial election shall be | ||
prepared
as hereinafter provided.
| ||
For the primary election at which Councilmen at large are | ||
to be
elected the form of the ballot shall be as follows:
| ||
At the top of the ballot shall be the following: | ||
CANDIDATES FOR
NOMINATION FOR MAYOR (when Mayor is to be | ||
elected) AND COUNCILMEN OF THE
CITY OF.... AT THE PRIMARY | ||
ELECTION. Under the subtitle of FOR MAYOR
(when applicable) | ||
shall be placed the following: (VOTE FOR ONE). There
shall be | ||
placed below the names of the candidates for Mayor, if any,
| ||
another subtitle as follows: FOR COUNCILMEN AT LARGE. |
Following this
subtitle there shall be an instruction in this | ||
form, to be altered,
however, to conform to the facts: (VOTE | ||
FOR NOT MORE THAN....) (Insert number of
Councilmen being | ||
elected).
| ||
For the primary election at which District Councilmen are | ||
to be
elected, a distinct ballot shall be printed for each | ||
District. There
shall be placed below the names of the | ||
candidates for Mayor (when
applicable) another subtitle as | ||
follows: FOR DISTRICT COUNCILMAN.
Following this subtitle | ||
there shall be an instruction in this form:
VOTE FOR ONE. In | ||
all other respects the ballot shall conform to the
applicable | ||
provisions of Sections 4-3-10 and 5-2-13.
| ||
To determine the number of nominees who shall be placed on | ||
the ballot
under each subtitle at the general municipal | ||
election, the number of
officers who will be chosen under each | ||
subtitle shall be multiplied by
2. Only those candidates at | ||
the primary election shall be nominees under
each subtitle at | ||
the general municipal election and, where but one
officer is | ||
to be elected, the 2 candidates receiving the highest number
| ||
of votes shall be placed upon the ballot for the next | ||
succeeding general
municipal election. Where 2 councilmen are | ||
to be elected, the 4
candidates receiving the highest number | ||
of votes shall be placed upon
the ballot. Where 3 councilmen | ||
are to be elected, the names of the 6
candidates receiving the | ||
highest number of votes shall be placed upon
the ballot.
| ||
The ballots for the election of officers at the general |
municipal
election shall be prepared in compliance with | ||
Section 4-3-16, with the
following changes:
| ||
(1) For elections where candidates for Councilmen at large | ||
are being
elected, following the names of candidates for Mayor | ||
(when applicable)
there shall be printed a subtitle as | ||
follows: FOR COUNCILMEN AT LARGE.
Following this subtitle | ||
there shall be an instruction in this form:
(VOTE FOR NOT MORE | ||
THAN....) (Insert number of Councilmen to be elected). The | ||
names
of the nominees for Councilmen at large shall follow the | ||
instruction.
| ||
(2) For elections where district Councilmen are to be | ||
elected, a
distinct ballot shall be printed for each district, | ||
and following the
names of the candidates for Mayor (when | ||
applicable) there shall be
printed a subtitle as follows: FOR | ||
DISTRICT COUNCILMAN. Following this
subtitle there shall be an | ||
instruction in this form: (VOTE FOR ONE) and
following this | ||
instruction shall be printed the names of the 2 nominees
for | ||
district Councilman.
| ||
Vacancies shall be filled as prescribed in Section 5-2-12, | ||
provided
that a vacancy in the office of a District Councilman | ||
shall be filled by
a person who is an actual resident of the | ||
district in which the vacancy
occurs.
| ||
(Source: P.A. 95-862, eff. 8-19-08 .)
| ||
(65 ILCS 5/5-2-19) (from Ch. 24, par. 5-2-19)
| ||
Sec. 5-2-19. In any city which was operating under the |
alderperson aldermanic form
of government as provided in | ||
Article 3 at the time of adoption of this Article
5 which did | ||
not also elect to continue to choose alderpersons aldermen | ||
from wards, the
city clerk and city treasurer shall be | ||
nominated and elected in the same
manner as provided in this | ||
Article 5 for the nomination and election of
the mayor and | ||
councilmen. To achieve this result: wherever the term "mayor
| ||
or commissioners" appears in Sections 4-3-7 through 4-3-18, it | ||
shall be
construed to include the words "or clerk or | ||
treasurer". The names of candidates
for nomination shall be | ||
placed on the primary election ballot prescribed
in Section | ||
5-2-13 and such ballot shall be modified to include the | ||
heading
"For Clerk--Vote for one" immediately following the | ||
names of candidates
for councilmen and to include the heading | ||
"For Treasurer--Vote for one"
immediately following the names | ||
of candidates for clerk. The names of the
4
candidates | ||
receiving the highest number of votes for each of the | ||
respective
offices shall be placed on the general municipal | ||
election ballot
prescribed in Section 5-2-13 which ballot | ||
shall be modified to include
such offices and names in the same | ||
manner as is provided in this section
for the primary ballot. | ||
If any candidate nominated for the office of
clerk or | ||
treasurer dies or withdraws before the general municipal
| ||
election the name of the person receiving the fifth
highest | ||
number of
votes for nomination to that office shall be placed | ||
on the ballot for
that election.
|
However, in any city not exceeding 100,000 inhabitants | ||
which adopts this
Article 5 and elects a mayor and | ||
alderpersons aldermen or councilmen as provided in Section | ||
5-2-12,
or Sections 5-2-18 through 5-2-18.8, the council may, | ||
in lieu of electing
a clerk and treasurer as provided in the | ||
above paragraph, provide by ordinance
that the clerk or | ||
treasurer or both for such city be appointed by the mayor
with | ||
the approval of the city council. If such officers are | ||
appointed their
terms of office, duties, compensation and | ||
amount of bond required shall
be the same as if they were | ||
elected.
| ||
(Source: P.A. 95-699, eff. 11-9-07.)
| ||
(65 ILCS 5/5-3-1) (from Ch. 24, par. 5-3-1)
| ||
Sec. 5-3-1.
In cities which do not elect to choose | ||
alderpersons aldermen from wards and
in cities which elect to | ||
choose councilmen as provided in Sections 5-2-18.1 through
| ||
5-2-18.7, the mayor shall have the right to vote on all | ||
questions
coming before the council but shall have no power to | ||
veto. The mayor and
president shall be recognized as the | ||
official head of the city or village
by the courts for the | ||
purpose of serving civil process and by the Governor
for all | ||
legal purposes.
| ||
The mayor or president of any city or village which adopts | ||
this Article
5, other than one which at the time of adoption | ||
was operating under or
adopted the commission form of |
government as provided in Article 4 or
which does not retain | ||
the election of alderpersons aldermen by wards or trustees by
| ||
districts, shall have veto power as provided in Sections 5-3-2 | ||
through
5-3-4, and ordinances or measures may be passed over | ||
his veto as therein
provided. Such mayor or president shall | ||
have the power to vote as provided
in Section 5-3-5.
| ||
If any other Acts or any Article of this Code, other than | ||
Article 3 or
Article 4, provides for the appointment of a | ||
board, commission, or other
agency by the mayor or president, | ||
such appointments shall be made in manner
so provided.
| ||
(Source: P.A. 100-863, eff. 8-14-18.)
| ||
(65 ILCS 5/5-3-3) (from Ch. 24, par. 5-3-3)
| ||
Sec. 5-3-3.
Every resolution and motion, specified in | ||
Section 5-3-2, and
every ordinance, which is returned to the | ||
council or board by the mayor or
president shall be | ||
reconsidered by the council or board. If, after such
| ||
reconsideration, two-thirds of all the alderpersons aldermen | ||
then holding office on the
city council or two-thirds of all | ||
the trustees then holding office on the
village board agree to | ||
pass an ordinance, resolution, or motion,
notwithstanding the | ||
mayor's or president's refusal to approve it, then it
shall be | ||
effective. The vote on the question of passage over the | ||
mayor's or
president's veto shall be by yeas and nays, and | ||
shall be recorded in the
journal.
| ||
(Source: Laws 1967, p. 3425.)
|
(65 ILCS 5/5-3-4) (from Ch. 24, par. 5-3-4)
| ||
Sec. 5-3-4.
No vote of the city council or village board | ||
shall be
reconsidered or rescinded at a special meeting, | ||
unless there are present at
the special meeting as many | ||
alderpersons aldermen or trustees as were present when the
| ||
vote was taken.
| ||
(Source: Laws 1961, p. 576.)
| ||
(65 ILCS 5/5-3-5) (from Ch. 24, par. 5-3-5)
| ||
Sec. 5-3-5.
The mayor or president of any city or village | ||
which elects alderpersons
aldermen by wards or trustees by | ||
districts shall not vote on any ordinance,
resolution or | ||
motion except: (1) where the vote of the alderpersons aldermen | ||
or trustees
has resulted in a tie; (or) (2) where one-half of | ||
the alderpersons aldermen or trustees
then holding office have | ||
voted in favor of an ordinance, resolution or
motion even | ||
though there is no tie vote; or (3) where a vote greater than a
| ||
majority of the corporate authorities is required by this Code | ||
to adopt an
ordinance, resolution or motion. In each instance | ||
specified, the mayor or
president shall vote. The following | ||
mayors and presidents may vote on all
questions coming before | ||
the council or board: (1) mayors and presidents of
cities and | ||
villages operating under this article and Article 4, and (2)
| ||
mayors and presidents of cities and villages which do not | ||
elect alderpersons aldermen by
wards and trustees by |
districts.
| ||
Nothing in this section shall deprive an acting mayor or | ||
president or
mayor or president pro tem from voting in his | ||
capacity as alderperson alderman or
trustee, but he shall not | ||
be entitled to another vote in his capacity as
acting mayor or | ||
president or mayor or president pro tem.
| ||
(Source: Laws 1967, p. 3425.)
| ||
(65 ILCS 5/5-3-7) (from Ch. 24, par. 5-3-7)
| ||
Sec. 5-3-7.
The council or board of trustees, as the case | ||
may be,
shall appoint a municipal manager, who shall be the | ||
administrative head
of the municipal government and who shall | ||
be responsible for the
efficient administration of all | ||
departments. He shall be appointed
without regard to his | ||
political beliefs and need not be a resident of
the city or | ||
village when appointed. The manager shall be appointed for
an | ||
indefinite term, and the conditions of the manager's | ||
employment may be
set forth in an agreement. In the case of the | ||
absence or disability of the
manager, the council or village | ||
board may designate a qualified
administrative officer of the | ||
municipality to perform the duties of the
manager during such | ||
absence or disability. The manager may at any time
be removed | ||
from office by a majority vote of the members of the council
or | ||
the board.
| ||
The powers and duties of the manager shall be:
| ||
(1) To enforce the laws and ordinances within the |
municipality;
| ||
(2) To appoint and remove all directors of departments. No
| ||
appointment shall be made upon any basis other than that of | ||
merit and
fitness except that if the chief of the fire | ||
department or the chief of
the police department or both of | ||
them are appointed in the manner as provided
by ordinance | ||
under Section 10-2.1-4 of this code, they may be removed or
| ||
discharged by the appointing authority. In such case the | ||
appointing authority
shall file with the corporate authorities | ||
the reasons for such removal or
discharge, which removal or | ||
discharge shall not become effective unless
confirmed by a | ||
majority vote of the corporate authorities;
| ||
(3) To exercise control of all departments and divisions | ||
thereof
created in this Article 5, or that may be created by | ||
the council or
board of trustees;
| ||
(4) If the city or village was subject to the alderperson | ||
aldermanic form
provisions of Article 3 at the time of | ||
adoption of this Article 5 to
appoint and remove all officers | ||
who are not required to be elected by
Article 3;
| ||
(5) To have all the powers and exercise all the duties | ||
granted
elsewhere in this Code to municipal clerks and | ||
comptrollers with respect
to the preparation of a report of | ||
estimated funds necessary to defray
the expenses of the city | ||
or village for the fiscal year for the
consideration of the | ||
corporate authorities prior to the preparation of
the annual | ||
appropriation ordinance;
|
(6) To attend all meetings of the council or board of | ||
trustees with
the right to take part in the discussions, but | ||
with no right to vote;
| ||
(7) To recommend to the council or board of trustees for | ||
adoption
such measures as he may deem necessary or expedient;
| ||
(8) To perform such other duties as may be prescribed by | ||
this
Article 5 or may be required of him by ordinance or | ||
resolution of the
board of trustees or council.
| ||
(Source: P.A. 86-1023; 86-1039.)
| ||
(65 ILCS 5/5-3-8) (from Ch. 24, par. 5-3-8)
| ||
Sec. 5-3-8.
Under the general supervision and | ||
administrative control of the
manager, there shall be such | ||
departments as the council or village board
may prescribe by | ||
ordinance.
| ||
All officers of any city or village shall take and | ||
subscribe the oath
required by Section 5-3-9. All such | ||
officers, except the mayor, president, alderpersons
aldermen , | ||
councilmen, and trustees, shall execute bonds in the manner
| ||
provided by Section 5-3-9, which bonds shall be filed with the | ||
clerk of the
council or clerk of the village board.
| ||
(Source: Laws 1961, p. 576.)
| ||
(65 ILCS 5/5-4-1) (from Ch. 24, par. 5-4-1)
| ||
Sec. 5-4-1.
The mayor and councilmen elected under the | ||
provisions of
Section 5-2-12 shall each receive for the |
performance of their respective
duties annual salaries fixed | ||
by the council or village board. The corporate
authorities in | ||
cities which retain the election of alderpersons aldermen by | ||
wards and
the corporate authorities in villages shall receive | ||
salaries as allowed in
Sections 3-13-4 through 3-13-7, | ||
whichever is appropriate.
| ||
(Source: Laws 1961, p. 576.)
| ||
(65 ILCS 5/5-4-3) (from Ch. 24, par. 5-4-3)
| ||
Sec. 5-4-3.
In cities of not less than 100,000 and not more | ||
than 500,000
population which did not also elect to continue | ||
to choose alderpersons aldermen from
wards, the city clerk | ||
shall receive a salary of not less than $8,500 per
year and the | ||
city treasurer shall receive a salary of not less than $7,000
| ||
per year.
| ||
(Source: Laws 1961, p. 576.)
| ||
(65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
| ||
Sec. 5-5-1. Petition for abandonment of managerial form; | ||
referendum;
succeeding elections of officers and alderpersons | ||
aldermen or trustees.
| ||
(a) A city or village that has operated for 4
years or more | ||
under the
managerial form of municipal government may abandon | ||
that
organization as provided in this Section. For the | ||
purposes of this
Article, the
operation of the managerial form | ||
of municipal government shall be deemed
to begin on the date of |
the appointment of the first manager in
the city or village. | ||
When a petition for abandonment
signed by electors of the
| ||
municipality equal in number to at least 10% of the number of | ||
votes cast
for candidates for mayor at the preceding general | ||
quadrennial municipal
election is filed with the circuit court | ||
for the county in which that
city or village is located, the | ||
court shall set a date not less than 10
nor more than 30 days | ||
thereafter for a hearing on the sufficiency of the
petition. | ||
Notice of the filing of the petition and of the date of the
| ||
hearing shall be given in writing to the city or village clerk | ||
and to
the mayor or village president at least 7 days before | ||
the date of the
hearing. If the petition is found sufficient, | ||
the court shall enter an
order directing that the
proposition | ||
be submitted at an election other than a primary election for
| ||
the municipality. The clerk of the court shall certify the | ||
proposition to
the proper election authorities for submission.
| ||
The proposition shall be in substantially the following form:
| ||
Shall (name of city or village) retain the managerial | ||
form of municipal government?
| ||
(b) If the majority of the votes at the
election are "yes", | ||
then the
proposition to abandon is rejected and the | ||
municipality shall continue
operating under this Article 5. If | ||
the majority of the votes are "no",
then the proposition to | ||
abandon operation under this Article 5 is
approved.
| ||
(c) If the proposition for abandonment is approved, the | ||
city or village
shall become subject to Article 3.1 or Article |
4,
whichever Article was in force in the city or village
| ||
immediately before the adoption of the plan authorized by this | ||
Article 5, upon the
election and qualification of officers to | ||
be elected at the next
succeeding general municipal election. | ||
Those officers shall be those
prescribed by Article 3.1 or | ||
Article 4, as the case may be, but the
change shall not in any | ||
manner or degree affect the property rights or
liabilities of | ||
the city or village. The mayor, clerk, and treasurer and
all | ||
other elected officers of a city or village in office at the | ||
time
the proposition for abandonment is approved shall | ||
continue in office
until the expiration of the term for which | ||
they were elected.
| ||
(d) If a city or village operating under this Article 5 has | ||
alderpersons aldermen or
trustees elected from wards or | ||
districts and a proposition to abandon operation under this | ||
Article 5 is approved, then the officers
to be elected at the | ||
next
succeeding general municipal election shall be elected | ||
from the same
wards or districts as exist immediately before | ||
the abandonment.
| ||
(e) If a city or village operating under this Article 5 has | ||
a council or
village board elected from the municipality at | ||
large and a proposition
to abandon operation under this | ||
Article 5 is approved, then
the first group of alderpersons | ||
aldermen ,
board of trustees, or commissioners so elected shall | ||
be of the same
number as was provided for in the municipality | ||
at the time of the
adoption of a plan under this Article 5, |
with the same ward or district
boundaries in cities or | ||
villages that immediately before the adoption
of this Article | ||
5 had wards or districts, unless the municipal
boundaries have | ||
been changed. If there has been such a change,
the council or | ||
village board shall so alter the former ward or district
| ||
boundaries so as to conform as nearly as possible to the former
| ||
division. If the plan authorized by this Article 5 is
| ||
abandoned, the next general municipal election for officers | ||
shall be
held at the time specified in Section 3.1-10-75 or
| ||
3.1-25-15 for that
election. The alderpersons aldermen or | ||
trustees elected at that election shall, if
the city or | ||
village was operating under Article 3 at the time of
adoption | ||
of this Article 5 and had at that time staggered 4 year terms
| ||
of office for the alderpersons aldermen or trustees, choose by | ||
lot which shall serve
initial 2 year terms as provided by | ||
Section 3.1-20-35 or
3.1-15-5, whichever
may be applicable, in | ||
the case of election of those officers at
the first
election | ||
after a municipality is incorporated.
| ||
(f) The proposition to abandon the managerial form of | ||
municipal
government shall not be submitted in any city or | ||
village oftener than
once in 46 months.
| ||
(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
| ||
(65 ILCS 5/5-5-5) (from Ch. 24, par. 5-5-5)
| ||
Sec. 5-5-5.
Any city or village which has adopted this | ||
Article 5 and was
operating under Article 4 at the time of such |
adoption may upon
abandonment of this Article 5 also abandon | ||
operation under Article 4, as
provided in Section 4-10-1, and | ||
by so doing shall become subject to the alderperson
aldermanic | ||
form provisions of Article 3 and shall be subject to the
| ||
provisions of that Article 3 the same as if it had been | ||
operating under
Article 3 at the time this Article 5 was | ||
adopted, except for any period of
time after abandonment of | ||
this Article 5 necessary to make the provisions
of Article 3 | ||
fully and completely applicable.
| ||
Any city or village which has adopted this Article 5 and | ||
was operating
under Article 3 at the time of such adoption may | ||
upon abandonment of this
Article 5 also abandon operation | ||
under Article 3 by adopting Article 4, as
provided in Sections | ||
4-2-2 through 4-2-9, and by so doing shall become
subject to | ||
the provisions of Article 4 and shall be subject to the
| ||
provisions of that Article 4 the same as if it had been | ||
operating under
Article 4 at the time this Article 5 was | ||
adopted, except for any period of
time after abandonment of | ||
this Article 5 necessary to make the provisions
of Article 4 | ||
fully and completely applicable.
| ||
(Source: Laws 1961, p. 576.)
| ||
(65 ILCS 5/6-3-2) (from Ch. 24, par. 6-3-2)
| ||
Sec. 6-3-2. Termination of terms of office.
| ||
The terms of office of all elected municipal officers | ||
holding office at
the time of the issuance of the certificate |
of adoption of the strong mayor
form of government by the | ||
municipality pursuant to Division 2 of this
Article 6 shall | ||
terminate upon the election and qualification for office of
| ||
municipal officers pursuant to this Division 3 of Article 6, | ||
except that
where an existing form of municipal government has | ||
the same number of wards
as would be required hereunder, the | ||
alderpersons aldermen holding office at the time of
the | ||
issuance of the certificate of adoption shall serve until the
| ||
expiration of the terms for which they were elected.
| ||
(Source: P.A. 76-746.)
| ||
(65 ILCS 5/6-3-3) (from Ch. 24, par. 6-3-3)
| ||
Sec. 6-3-3. Municipal officers - Terms.
| ||
The municipality shall have the following elected | ||
officers: one mayor,
one municipal clerk and one municipal | ||
treasurer, all of whom shall be
elected at large, and | ||
alderpersons aldermen , the number of which shall be as | ||
follows: In
cities not exceeding 25,000 inhabitants, 8 | ||
alderpersons aldermen ; between 25,001 and
40,000, 10 | ||
alderpersons aldermen ; between 40,001 and 60,000, 14 | ||
alderpersons aldermen ; between 60,001
and 80,000, 16 | ||
alderpersons aldermen ; and exceeding 80,000, 20 alderpersons | ||
aldermen . Two alderpersons aldermen
shall be elected to | ||
represent each ward.
| ||
(Source: P.A. 76-746.)
|
(65 ILCS 5/6-3-4) (from Ch. 24, par. 6-3-4)
| ||
Sec. 6-3-4.
Terms
of office.
| ||
All terms of office of officials elected pursuant to this | ||
Division 3 of
Article 6 shall be for terms of 4 years, except | ||
that alderpersons aldermen elected at
the first election for | ||
city officers held pursuant to this Article 6 shall
draw lots | ||
so that one-half of the alderpersons aldermen shall hold for a | ||
4 year term,
and until their successors are elected and | ||
qualified, and one-half of the alderpersons
aldermen shall | ||
hold for a 2 year term, and until their successors are
elected | ||
and qualified. All alderpersons aldermen thereafter elected | ||
shall hold office
for a term of 4 years, and until their | ||
successors are elected and have
qualified.
| ||
(Source: P.A. 76-746.)
| ||
(65 ILCS 5/6-3-5) (from Ch. 24, par. 6-3-5)
| ||
Sec. 6-3-5. Division into wards.
| ||
Every city shall have as many wards as one-half the total | ||
number of alderpersons
aldermen to which the city is entitled. | ||
The city council, from time to time
shall divide the city into | ||
that number of wards. In the formation of wards
the population | ||
of each ward as determined by the latest city, state or
| ||
national census shall be as nearly equal and the wards shall be | ||
of as
compact and contiguous territory, as practicable.
| ||
(Source: P.A. 76-746.)
|
(65 ILCS 5/6-3-6) (from Ch. 24, par. 6-3-6)
| ||
Sec. 6-3-6. Redistricting of city. Whenever an official | ||
publication of any national, state, school, or
city census | ||
shows that any city contains more or less wards than it is
| ||
entitled to, the city council of the city, by ordinance, shall
| ||
redistrict the city into as many wards only as the city is | ||
entitled.
This redistricting shall be completed not less than | ||
30 days before
the first date on which candidate petitions may | ||
be filed
for the next succeeding general municipal election.
| ||
At this election there shall be elected the number of | ||
alderpersons aldermen to which
the city is entitled.
| ||
(Source: P.A. 81-1489.)
| ||
(65 ILCS 5/6-3-7) (from Ch. 24, par. 6-3-7)
| ||
Sec. 6-3-7.
Ward
division and election of alderpersons | ||
aldermen - Validation.
| ||
If, after a census is officially published, any city is | ||
divided into a
greater or lesser number of wards and has | ||
elected a greater or lesser
number of alderpersons aldermen | ||
than the city is entitled, nevertheless such division
and | ||
election shall be valid and all acts, resolutions and | ||
ordinances of the
city council of such city, if in other | ||
respects in compliance with law, are
valid.
| ||
(Source: P.A. 76-746.)
| ||
(65 ILCS 5/6-3-8) (from Ch. 24, par. 6-3-8)
|
Sec. 6-3-8. Resignation; vacancy. An alderperson alderman | ||
may resign from his or her
office. A vacancy occurs in the | ||
office of alderperson alderman by reason of resignation,
| ||
failure to elect or qualify, death, permanent physical or | ||
mental disability,
conviction of a disqualifying crime, | ||
abandonment of office, or removal from
office. If a vacancy | ||
occurs in the office of alderperson alderman in one of these | ||
ways or
otherwise, the vacancy shall be filled as provided in | ||
Sections 3.1-10-50 and
3.1-10-55. An appointment to fill a | ||
vacancy 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.
| ||
(Source: P.A. 87-1052; 87-1119; 88-45.)
| ||
(65 ILCS 5/6-3-9) (from Ch. 24, par. 6-3-9)
| ||
Sec. 6-3-9.
Qualifications of mayor, city clerk, city | ||
treasurer and alderpersons aldermen
- Eligibility for other | ||
office.
| ||
No person shall be eligible to the office of mayor, city | ||
clerk, city
treasurer or alderperson alderman :
| ||
(1) Unless he is a qualified elector of the municipality | ||
and has resided
therein at least one year next preceding his |
election or appointment; or
| ||
(2) Unless, in the case of alderpersons aldermen , he | ||
resides within the ward for
which he is elected; or
| ||
(3) If he is in arrears in the payment of any tax or other | ||
indebtedness
due to the city; or
| ||
(4) If he has been convicted in Illinois state courts or in | ||
courts of
the United States of malfeasance in office, bribery, | ||
or other infamous
crime.
| ||
No alderperson alderman shall be eligible to any office, | ||
except that of acting mayor
or mayor pro tem, the salary of | ||
which is payable out of the city treasury,
if at the time of | ||
his appointment he is a member of the city council.
| ||
(Source: P.A. 76-746.)
| ||
(65 ILCS 5/6-3-10) (from Ch. 24, par. 6-3-10)
| ||
Sec. 6-3-10. General elections - Time for.
| ||
The first general election pursuant to this Division 3 of | ||
Article 6
shall be held at the time the next general municipal | ||
election would have
been held had the municipality not adopted | ||
this Article 6. At the first
general election so held, one | ||
mayor, one municipal clerk, one municipal
treasurer shall be | ||
elected at large and two alderpersons aldermen shall be | ||
elected from
each ward.
| ||
(Source: P.A. 76-746.)
| ||
(65 ILCS 5/6-4-3) (from Ch. 24, par. 6-4-3)
|
Sec. 6-4-3. Reconsideration - Passage over veto.
| ||
Every ordinance, which is returned to the council by the | ||
mayor shall be
reconsidered by the council. If, after such | ||
reconsideration, three-fifths
of all the alderpersons aldermen | ||
then holding office on the city council agree to pass
an | ||
ordinance, resolution, or motion, notwithstanding the mayor's | ||
refusal to
approve it, then it shall be effective.
| ||
(Source: P.A. 76-746.)
| ||
(65 ILCS 5/6-4-4) (from Ch. 24, par. 6-4-4)
| ||
Sec. 6-4-4.
Vote
of city council - Reconsideration.
| ||
No vote of the city council shall be reconsidered or | ||
rescinded at a
special meeting, unless there are present at | ||
the special meeting as many alderpersons
aldermen as were | ||
present when the vote was taken.
| ||
(Source: P.A. 76-746.)
| ||
(65 ILCS 5/6-5-1) (from Ch. 24, par. 6-5-1)
| ||
Sec. 6-5-1.
Mayor,
clerk, treasurer and alderpersons | ||
aldermen .
| ||
The mayor, clerk, treasurer and alderpersons aldermen | ||
elected under the provisions of
this Article 6 shall each | ||
receive for the performance of their respective
duties annual | ||
salaries fixed by the city council. Such salaries shall not
be | ||
increased or decreased during any term of office. They must be
| ||
established six months prior to general municipal elections at |
which such
officials are to be voted on.
| ||
(Source: P.A. 76-746.)
| ||
(65 ILCS 5/7-1-15) (from Ch. 24, par. 7-1-15)
| ||
Sec. 7-1-15.
Any municipality may be annexed to another | ||
municipality to which it
adjoins, by ordinances passed by a | ||
majority vote of all the alderpersons aldermen ,
trustees, or | ||
commissioners then holding office in each municipality
| ||
desiring annexation. These ordinances shall specify the terms | ||
of the
annexation, and they shall be a binding contract if, but | ||
only if:
| ||
(1) the annexation provided in these ordinances is | ||
certified by the clerk
to the proper election authority who | ||
shall submit the question to a
vote of the electors of both | ||
municipalities at an election in accordance
with the general | ||
election law; and if
| ||
(2) the annexation is approved in each municipality by a | ||
majority of
all the voters voting on that question in each | ||
municipality. If the
ordinances fail to specify the terms of | ||
annexation or specify only
partially the terms of annexation, | ||
the provisions of this article
relating to the annexation of | ||
one municipality to another shall apply
but not as to any terms | ||
agreed to in the ordinances of annexation.
| ||
The proposition shall be in substantially
the following | ||
form:
| ||
-------------------------------------------------------------
|
Shall the municipality of YES
| ||
.... be annexed to the municipality ------------------------
| ||
of....? NO
| ||
-------------------------------------------------------------
| ||
Annexation shall neither affect nor impair any rights or | ||
liabilities
either in favor of or against either municipality. | ||
Actions founded upon
any right or liability may be commenced | ||
despite the annexation and,
together with pending actions, may | ||
be prosecuted to final
judgment and the enforcement thereof as | ||
if annexation had not taken place.
| ||
(Source: P.A. 84-546 .)
| ||
(65 ILCS 5/7-1-39) (from Ch. 24, par. 7-1-39)
| ||
Sec. 7-1-39.
After a part of a municipality is annexed to | ||
another
municipality, any mayor, president, alderperson | ||
alderman , trustee, clerk, treasurer, or
attorney for the | ||
disconnecting municipality, who resides in the detached
| ||
territory, shall continue in office as an officer of the | ||
disconnecting
municipality until his successor has been | ||
elected at the next regular
municipal election in this | ||
municipality and has qualified for office, or
has been | ||
appointed and has qualified following this election.
| ||
(Source: Laws 1961, p. 576.)
| ||
(65 ILCS 5/7-1-42) (from Ch. 24, par. 7-1-42)
| ||
Sec. 7-1-42. Redistricting after annexation.
|
(a) If the increase in
population resulting from the | ||
annexation of
any territory to a city under the alderperson | ||
aldermanic form of government is
sufficient to entitle that | ||
city to an increase in the number of alderpersons aldermen
as | ||
provided in Section 3.1-20-10, the corporate authorities shall
| ||
redistrict
the city in accordance with Sections 3.1-20-15 and | ||
3.1-20-25. Section 3.1-20-10
shall
govern as to the hold-over | ||
alderpersons aldermen .
| ||
(b) If the increase in population is not sufficient to
| ||
entitle the city to
an increase in the number of alderpersons | ||
aldermen , the corporate authorities shall make
the annexed | ||
territory a part of the ward or wards that it adjoins.
| ||
(c) If a village of over 25,000 population is divided into | ||
6 districts as
provided in Section 3.1-25-75, the corporate | ||
authorities shall make any
territory annexed to the village a | ||
part of the districts that the
territory adjoins.
| ||
(d) Nothing contained in this Section 7-1-42 shall prevent | ||
the corporate
authorities of any municipality from | ||
redistricting the municipality
according to law. Whenever the | ||
enlarged annexing municipality is
redistricted, the corporate | ||
authorities are under no duty to treat the
annexed territory | ||
as a unit and they may divide it as if it had always been
a | ||
part of the municipality.
| ||
(e) The number of inhabitants determined by the last | ||
national, state, or
school census in the annexed territory and | ||
in the annexing municipality
controls in the application of |
this Section.
| ||
(Source: P.A. 87-1119.)
| ||
(65 ILCS 5/7-2-1) (from Ch. 24, par. 7-2-1)
| ||
Sec. 7-2-1.
Any 2 or more incorporated contiguous | ||
municipalities
wholly or substantially situated in a single | ||
county may be united into
one incorporated city by a | ||
compliance with Sections 7-1-16 and 7-1-17, with
the following | ||
exceptions:
| ||
(1) The petition (a) shall be signed by electors of each of | ||
the
municipalities seeking a union, (b) shall state the name | ||
by which the
united municipality is to be known, and (c) shall | ||
state the form of
municipal government under which the united | ||
municipality is to be
governed.
| ||
(2) The question shall be in substantially the following | ||
form:
| ||
-------------------------------------------------------------
| ||
Shall the city, village, or
| ||
incorporated town (as the
| ||
case may be) of............
| ||
and the city, village, or
| ||
incorporated town (as the case YES
| ||
may be) of..........., (and
| ||
in this manner as far as
| ||
necessary, filling blanks with
| ||
the names of the municipalities
|
to be united), be united --------------------------
| ||
into a single municipality
| ||
under the name of..........
| ||
with the........... form of
| ||
municipal government (filling
| ||
the blank with the word NO
| ||
"Alderperson" "Aldermanic" or "Commission"
| ||
or the words "Managerial With
| ||
Alderpersons Aldermen Chosen From Wards Or
| ||
Districts" as the case may be)?
| ||
-------------------------------------------------------------
| ||
No other proposition shall appear thereon.
| ||
If the majority of the votes cast in each municipality | ||
specified in
the petition is in favor of the proposition, the | ||
municipalities are
united.
| ||
(Source: P.A. 87-278 .)
| ||
(65 ILCS 5/7-2-19) (from Ch. 24, par. 7-2-19)
| ||
Sec. 7-2-19.
Whenever a united city is formed by a | ||
compliance with Section
7-2-1 and the decision is in favor of | ||
an alderperson aldermanic form of municipal
government, the | ||
united city shall be governed, after the first election
held | ||
in compliance with Section 7-2-7, by a council composed of a | ||
mayor and
a board of alderpersons aldermen selected by the | ||
electors of the united city as provided
by the provisions of | ||
this Code relating to the election of city officers,
except |
that all elections in a united city are controlled by the City
| ||
Election Law as provided in Section 7-2-6.
| ||
(Source: Laws 1961, p. 576.)
| ||
(65 ILCS 5/7-2-28) (from Ch. 24, par. 7-2-28)
| ||
Sec. 7-2-28.
Whenever a united city is formed by a | ||
compliance with Section
7-2-1 of municipal government with | ||
alderpersons aldermen chosen from wards or districts,
the | ||
united city shall be and the decision is in favor of a | ||
managerial form
governed, after the first election held in | ||
compliance with Section 7-2-7,
by a council composed of a | ||
mayor and a board of alderpersons aldermen selected by the
| ||
electors of the united city as provided by the provisions of | ||
this Code
relating to the election of city officers, except | ||
all elections in a united
city are controlled by the City | ||
Election Law as provided in Section 7-2-6,
and by a municipal | ||
manager appointed by the council as provided in Article
5.
| ||
(Source: Laws 1965, p. 1267.)
| ||
(65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
| ||
Sec. 8-9-1. In municipalities of less than 500,000 except
| ||
as otherwise provided in Articles 4 and 5 any work or other
| ||
public improvement which is not to be paid for in whole or in
| ||
part by special assessment or special taxation, when the | ||
expense
thereof will exceed $25,000, shall be constructed | ||
either (1)
by a contract let to the lowest responsible bidder |
after
advertising for bids, in the manner prescribed by | ||
ordinance,
except that any such contract may be entered into | ||
by the proper
officers without advertising for bids, if | ||
authorized by a vote
of two-thirds of all the alderpersons | ||
aldermen or trustees then holding office;
or (2) in the | ||
following manner, if authorized by a vote of
two-thirds of all | ||
the alderpersons aldermen or trustees then holding office,
| ||
to-wit: the commissioner of public works or other proper | ||
officers
to be designated by ordinance, shall superintend and | ||
cause to
be carried out the construction of the work or other | ||
public
improvement and shall employ exclusively for the | ||
performance
of all manual labor thereon, laborers and artisans | ||
whom the
municipality shall pay by the day or hour; and all | ||
material
of the value of $25,000 and upward used in the | ||
construction of
the work or other public improvement, shall be | ||
purchased by
contract let to the lowest responsible bidder in | ||
the manner
to be prescribed by ordinance. However, nothing | ||
contained
in this section shall apply to any contract by a | ||
city, village
or incorporated town with the federal government | ||
or any agency thereof.
| ||
In every city which has adopted Division 1 of Article 10,
| ||
every such laborer or artisan shall be certified by the civil
| ||
service commission to the commissioner of public works or | ||
other
proper officers, in accordance with the requirement of | ||
that division.
| ||
In municipalities of 500,000 or more population the |
letting of
contracts for work or other public improvements of | ||
the character
described in this section shall be governed by | ||
the provisions of
Division 10 of this Article 8.
| ||
(Source: P.A. 100-338, eff. 8-25-17.)
| ||
(65 ILCS 5/10-1-30) (from Ch. 24, par. 10-1-30)
| ||
Sec. 10-1-30.
No officer or employee in the service of | ||
such municipality
shall, directly or indirectly, give or hand | ||
over to any officer or employee
in such service, or to any | ||
senator or representative or alderperson alderman ,
councilman, | ||
trustee or commissioner, any money or other valuable thing, on
| ||
account of or to be applied to the promotion of any party or | ||
political
object whatever.
| ||
(Source: Laws 1961, p. 3252.)
| ||
(65 ILCS 5/10-3-5) (from Ch. 24, par. 10-3-5)
| ||
Sec. 10-3-5.
Any mayor, president, commissioner, | ||
alderperson alderman , or trustee, who
violates the provisions | ||
of Section 10-3-3, is guilty of a Class B
misdemeanor.
| ||
(Source: P.A. 77-2500.)
| ||
(65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1)
| ||
Sec. 11-13-1.1.
The corporate authorities of any | ||
municipality may in its
ordinances passed under the authority | ||
of this Division 13 provide for the
classification of special | ||
uses. Such uses may include but are not limited
to public and |
quasi-public uses affected with the public interest, uses
| ||
which may have a unique, special or unusual impact upon the use | ||
or
enjoyment of neighboring property, and planned | ||
developments. A use may be a
permitted use in one or more | ||
zoning districts, and a special use in one or
more other zoning | ||
districts. A special use shall be permitted only after a
| ||
public hearing before some commission or committee designated | ||
by the
corporate authorities, with prior notice thereof given | ||
in the manner as
provided in Section 11-13-6 and 11-13-7. Any | ||
notice required by this Section need not include a metes and | ||
bounds legal description of the area classified for special | ||
uses, provided that the notice includes: (i) the common street | ||
address or addresses and (ii) the property index number | ||
("PIN") or numbers of all the parcels of real property | ||
contained in the area classified for special uses. A special | ||
use shall be permitted
only upon evidence that such use meets | ||
standards established for such
classification in the | ||
ordinances, and the granting of permission therefor
may be | ||
subject to conditions reasonably necessary to meet such | ||
standards.
In addition, any proposed special use which fails | ||
to receive the approval
of the commission or committee | ||
designated by the corporate authorities to
hold the public | ||
hearing shall not be approved by the corporate authorities
| ||
except by a favorable majority vote of all alderpersons | ||
aldermen , commissioners or
trustees of the municipality then | ||
holding office; however, the corporate
authorities may by |
ordinance increase the vote requirement to two-thirds of
all | ||
alderpersons aldermen , commissioners or trustees of the | ||
municipality then holding office.
| ||
(Source: P.A. 97-336, eff. 8-12-11.)
| ||
(65 ILCS 5/11-13-10) (from Ch. 24, par. 11-13-10)
| ||
Sec. 11-13-10.
In municipalities of less than 500,000 | ||
population, where a
variation is to be made by ordinance, upon | ||
the report of the board of
appeals, the corporate authorities, | ||
by ordinance, without further public
hearing, may adopt any | ||
proposed variation or may refer it back to the board
for | ||
further consideration, and any proposed variation which fails | ||
to
receive the approval of the board of appeals shall not be | ||
passed except by
the favorable vote of two-thirds of all | ||
alderpersons aldermen or trustees of the
municipality.
| ||
(Source: Laws 1961, p. 576.)
| ||
(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
| ||
Sec. 11-13-14.
The regulations imposed and the districts | ||
created under
the authority of this Division 13 may be amended | ||
from time to time by
ordinance after the ordinance | ||
establishing them has gone into effect, but
no such amendments | ||
shall be made without a hearing before some commission
or | ||
committee designated by the corporate authorities. Notice | ||
shall be given
of the time and place of the hearing, not more | ||
than 30 nor less than 15
days before the hearing, by publishing |
a notice thereof at least once in
one or more newspapers | ||
published in the municipality, or, if no newspaper
is | ||
published therein, then in one or more newspapers with a | ||
general
circulation within the municipality. In municipalities | ||
with less than 500
population in which no newspaper is | ||
published, publication may be made
instead by posting a notice | ||
in 3 prominent places within municipality. In
case of a | ||
written protest against any proposed amendment of the | ||
regulations
or districts, signed and acknowledged by the | ||
owners of 20% of the frontage
proposed to be altered, or by the | ||
owners of 20% of the frontage immediately
adjoining or across | ||
an alley therefrom, or by the owners of the 20% of the
frontage | ||
directly opposite the frontage proposed to be altered, is | ||
filed
with the clerk of the municipality, the amendment shall | ||
not be passed
except by a favorable vote of two-thirds of the | ||
alderpersons aldermen or trustees of the
municipality then | ||
holding office. In such cases, a copy of the written
protest | ||
shall be served by the protestor or protestors on the | ||
applicant for
the proposed amendments and a copy upon the | ||
applicant's attorney, if any,
by certified mail at the address | ||
of such applicant and attorney shown in
the application for | ||
the proposed amendment. Any notice required by this Section | ||
need not include a metes and bounds legal description, | ||
provided that the notice includes: (i) the common street | ||
address or addresses and (ii) the property index number | ||
("PIN") or numbers of all the parcels of real property |
contained in the affected area.
| ||
(Source: P.A. 97-336, eff. 8-12-11.)
| ||
(65 ILCS 5/11-13-14.1) (from Ch. 24, par. 11-13-14.1)
| ||
Sec. 11-13-14.1.
Notwithstanding any other provision to | ||
the contrary in
this Division 13:
| ||
(A) The corporate authorities of any municipality may by | ||
ordinance establish
the position of hearing officer and | ||
delegate to a hearing officer the authority
to: (i) conduct | ||
any public hearing -- other than a public hearing provided
for | ||
in Section 11-13-2 -- required to be held under this Division | ||
13 in
connection with applications for any special use, | ||
variation, amendment or
other change or modification in any | ||
ordinance of the municipality adopted
pursuant to this | ||
Division 13; and (ii) hear and decide appeals from and
review | ||
any order, requirement, decision or determination made by an
| ||
administrative official charged with the enforcement of any | ||
ordinance
adopted pursuant to this Division 13.
| ||
(B) When a hearing officer is designated to conduct a | ||
public hearing in
a matter otherwise required to be heard in | ||
accordance with this Division
13 by some commission or | ||
committee designated by the corporate authorities
of the | ||
municipality: (i) notice of such hearing shall be given in the | ||
same
time and manner as is provided by this Division 13 for the | ||
giving of notice
of hearing when any such matter is to be heard | ||
by some commission or committee
designated by the corporate |
authorities; (ii) the hearing officer shall
exercise and | ||
perform the same powers and duties as such commission or | ||
committee
is required to exercise and perform when conducting | ||
a public hearing in
any such matter; and (iii) the hearing | ||
officer shall render a written
recommendation to the corporate | ||
authorities within such time and in such
manner and form as the | ||
corporate authorities shall require.
| ||
(C) When a hearing officer is designated to conduct a | ||
public hearing in
a matter otherwise required to be heard in | ||
accordance with this Division
13 by the board of appeals, or | ||
when a hearing officer is designated to hear
and decide | ||
appeals from and review any order, requirement, decision or
| ||
determination made by an administrative official charged with | ||
the
enforcement of any ordinance adopted pursuant to this | ||
Division 13: (i)
notice of hearing shall be given
in the same | ||
time and manner as is provided by this Division 13 for the | ||
giving
of notice of hearing when any such matter is to be heard | ||
by the board of
appeals; (ii) the hearing officer in passing | ||
upon and determining any matter
otherwise within the | ||
jurisdiction of the board of appeals shall be governed
by all | ||
of the standards, rules and conditions imposed by this | ||
Division 13
to govern the board of appeals when it passes upon | ||
and determines any such
matter; and (iii) the hearing officer | ||
shall exercise and perform all of
the powers and duties of the | ||
board of appeals in the same manner and to
the same effect as | ||
provided in this Division 13 with respect to the board
of |
appeals, provided that:
| ||
1. When the hearing officer is passing upon an application | ||
for variation
or special use and the power to determine and | ||
approve such variation or
special use is reserved to the | ||
corporate authorities, then upon report of
the hearing officer | ||
the corporate authorities may by ordinance without further
| ||
public hearing adopt any proposed variation or special use or | ||
may refer
it back to the hearing officer for further | ||
consideration, and any proposed
variation or special use which | ||
fails to receive the approval of the hearing
officer shall not | ||
be passed except by the favorable vote of 2/3 of all | ||
alderperson alderman
or trustees of the municipality;
| ||
2. When the hearing officer is passing upon an application | ||
for variation
or special use and the power to determine and | ||
approve such variation or
special use is not reserved to the | ||
corporate authorities, or when the hearing
officer is hearing | ||
and deciding appeals from or reviewing any order,
requirement, | ||
decision or determination made by an administrative official
| ||
charged with the enforcement of any ordinance adopted pursuant | ||
to this
Division 13, the determination made by the hearing | ||
officer with respect to
any such matter shall constitute a | ||
final administrative decision which is
subject to judicial | ||
review pursuant to the provisions of the
"Administrative | ||
Review Law", as now or hereafter amended.
| ||
(D) The corporate authorities of the municipality may | ||
provide general
or specific rules implementing but not |
inconsistent with the provisions
of this Section, including | ||
rules relative to the time and manner in which
hearing | ||
officers are designated to conduct public hearings and rules | ||
governing
the manner in which such hearings are conducted and | ||
matters heard therein
passed upon and determined.
| ||
(E) Hearing officers shall be appointed on the basis of | ||
training and
experience which qualifies them to conduct | ||
hearings, make recommendations
or findings of fact and | ||
conclusions on the matters heard and otherwise
exercise and | ||
perform the powers, duties and functions delegated in
| ||
accordance with this Section. Hearing officers shall receive | ||
such
compensation as the corporate authorities of the | ||
municipality shall
provide, and any municipality may establish | ||
a schedule of fees to defray
the costs of providing a hearing | ||
officer.
| ||
(F) This Section is intended to furnish an alternative or | ||
supplemental
procedure which a municipality in its discretion | ||
may provide for hearing,
determining, reviewing and deciding | ||
matters which arise under any ordinance
adopted by the | ||
municipality pursuant to this Division 13, but nothing in
this | ||
Section shall be deemed to limit or prevent the use of any | ||
existing
procedure available to a municipality under this | ||
Division 13 for hearing,
approving or denying applications for | ||
a special use, variation, amendment
or other change or | ||
modification of any such ordinance, or for hearing and
| ||
deciding appeals from and reviewing any order, requirement, |
decision or
determination made by an administrative official | ||
charged with the enforcement
of any such ordinance.
| ||
(Source: P.A. 84-960.)
| ||
(65 ILCS 5/11-80-5) (from Ch. 24, par. 11-80-5)
| ||
Sec. 11-80-5.
The corporate authorities of each | ||
municipality, with
the concurrence of two-thirds of all of the | ||
alderpersons aldermen , trustees or
commissioners elected | ||
therein, may levy and collect annually, in
addition to all | ||
other taxes now authorized by law, a tax of not to
exceed .05% | ||
of the value, as equalized or assessed by the Department of
| ||
Revenue, of the taxable property in the municipality,
to be | ||
used exclusively for the purpose of lighting streets. The tax
| ||
authorized by this Section is in addition to taxes for general | ||
corporate
purposes authorized by Section 8-3-1.
| ||
The foregoing tax rate limitation, insofar as it is | ||
applicable to
municipalities of less than 500,000 population, | ||
may be increased or
decreased under the referendum provisions | ||
of the General Revenue Law of
Illinois.
| ||
(Source: P.A. 86-280.)
| ||
(65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1)
| ||
Sec. 11-91-1. Whenever the corporate authorities of any | ||
municipality,
whether
incorporated by special act or under any | ||
general law, determine that the public
interest will be | ||
subserved by vacating any street or alley, or part thereof,
|
within their jurisdiction in any incorporated area, they may | ||
vacate that street
or alley, or part thereof, by an ordinance. | ||
The ordinance shall provide the
legal description or permanent | ||
index number of the particular parcel or parcels
of property | ||
acquiring title to the vacated property. But this ordinance
| ||
shall be passed
by the affirmative vote of at least | ||
three-fourths of the alderpersons aldermen , trustees or
| ||
commissioners then holding office. This vote shall be taken by | ||
ayes and noes
and entered on the records of the corporate | ||
authorities.
| ||
No ordinance shall be passed vacating any street or alley | ||
under a
municipality's jurisdiction and within an | ||
unincorporated area without notice
thereof and a hearing | ||
thereon. At least 15 days prior to such a hearing,
notice of | ||
its time, place and subject matter shall be published in a | ||
newspaper
of general circulation within the unincorporated | ||
area which the street or alley
proposed for vacation serves. | ||
At the hearing all interested persons shall be
heard | ||
concerning the proposal for vacation.
| ||
The ordinance may provide that it shall not become | ||
effective until the owners
of all property or the owner or | ||
owners of a particular parcel or parcels
of property abutting | ||
upon the street or alley, or part thereof so vacated,
shall pay | ||
compensation in an amount which, in the judgment of the | ||
corporate
authorities, shall be the fair market value of the | ||
property acquired or of
the benefits which will accrue to them |
by reason of that
vacation, and if there are any public service | ||
facilities in such street or
alley, or part thereof, the | ||
ordinance shall also reserve to the municipality or
to the | ||
public utility, as the case may be, owning such facilities, | ||
such
property, rights of way and easements as, in the judgment | ||
of the corporate
authorities, are necessary or desirable for | ||
continuing public service by means
of those facilities and for | ||
the maintenance, renewal and reconstruction
thereof. If the | ||
ordinance provides that only the owner or owners of one
| ||
particular parcel of abutting property shall make payment, | ||
then the owner or
owners of the particular parcel shall | ||
acquire title to the entire vacated
street or alley, or the | ||
part thereof vacated.
| ||
The determination of the corporate authorities that the | ||
nature and extent of
the public use or public interest to be | ||
subserved in such as to warrant the
vacation of any street or | ||
alley, or part thereof, is conclusive, and the
passage
of such | ||
an ordinance is sufficient evidence of that determination, | ||
whether so
recited in the ordinance or not. The relief to the | ||
public from further burden
and responsibility of maintaining | ||
any street or alley, or part thereof,
constitutes a public use | ||
or public interest authorizing the vacation.
| ||
When property is damaged by the vacation or closing of any | ||
street or alley,
the
damage shall be ascertained and paid as | ||
provided by law.
| ||
(Source: P.A. 93-383, eff. 7-25-03; 93-703, eff. 7-9-04.)
|
(65 ILCS 5/11-101-2) (from Ch. 24, par. 11-101-2)
| ||
Sec. 11-101-2.
Whenever the corporate authorities of any | ||
municipality have
established an airport outside the corporate | ||
limits of the municipality
and have determined that it is | ||
essential to the proper and safe construction
and maintenance | ||
of such airport to vacate any roads, highways, streets,
| ||
alleys, or parts thereof in unincorporated territory lying | ||
within the airport
area or any enlargement thereof, and have | ||
determined that the public interest
will be subserved by such | ||
vacation, they may vacate such roads, highways,
streets, | ||
alleys, or parts thereof, by an ordinance. Provided however, | ||
that
such municipality shall have first acquired the land on | ||
both sides of such
roads, highways, streets, alleys, or parts | ||
thereof; provided, also, that
in the case of a road, highway, | ||
street or alley or part thereof, under the
jurisdiction of the | ||
Department of Transportation, the consent of the Department
| ||
shall be obtained before the ordinance shall become effective. | ||
Such ordinance
shall be passed by the affirmative vote of at | ||
least 3/4
of all alderpersons aldermen , trustees or
| ||
commissioners authorized by
law to be elected. Such vacation | ||
shall be effective upon passage of the
ordinance and recording | ||
of a certified copy thereof with the recorder of
the county | ||
within which the roads, highways, streets, alleys,
or parts | ||
thereof are situated.
| ||
(Source: P.A. 83-358.)
|
Section 40. The Revised Cities and Villages Act of 1941 is | ||
amended by changing the heading of Article prec. Sec. 21-22 | ||
and Sections 21-5.1, 21-7, 21-12, 21-14, 21-22, 21-23, 21-24, | ||
21-25, 21-26, 21-27, 21-28, 21-29, 21-30, 21-32, 21-33, 21-34, | ||
21-38, 21-39, 21-40, and 21-41 as follows:
| ||
(65 ILCS 20/21-5.1) (from Ch. 24, par. 21-5.1)
| ||
Sec. 21-5.1.
Vice Mayor - Election - Duties - | ||
Compensation.) Following
election and qualification of | ||
alderpersons aldermen at a general election as provided
by | ||
Section 21-22 of this Act, the City Council shall elect, from | ||
among its
members, a Vice Mayor, to serve as interim Mayor of | ||
Chicago in the event
that a vacancy occurs in the office of | ||
Mayor or in the event that the Council
determines, by 3/5 vote, | ||
that the Mayor is under a permanent or protracted
disability | ||
caused by illness or injury which renders the Mayor unable to
| ||
serve. The Vice Mayor shall serve as interim Mayor. He will | ||
serve until
the City Council shall elect one of its members | ||
acting Mayor or until the
mayoral term expires.
| ||
The Vice Mayor shall receive no compensation as such, but | ||
shall receive
compensation as an alderperson alderman even | ||
while serving as interim Mayor. While
serving as interim | ||
Mayor, the Vice Mayor shall possess all rights and powers
and | ||
shall perform the duties of Mayor.
| ||
(Source: P.A. 80-308.)
|
(65 ILCS 20/21-7) (from Ch. 24, par. 21-7)
| ||
Sec. 21-7. Compensation of officers.
| ||
The compensation of all officers shall be by salary. No | ||
officer shall be
allowed any fees, perquisites or emoluments | ||
or any reward or compensation
aside from his salary, but all | ||
fees and earnings of his office or
department shall be paid by | ||
him into the city treasury. The city council
shall fix the | ||
salaries of all officers, except those who are elected or
| ||
appointed for a definite term fixed by statute, in the annual | ||
appropriation
ordinance and those salaries shall not be | ||
altered during the same fiscal
year. The city council, by | ||
ordinance other than the appropriation
ordinance, shall fix | ||
the compensation of each officer who is elected or
appointed | ||
for a definite term fixed by statute and his salary shall not | ||
be
increased or diminished during his term of office. The | ||
chairman of the
finance committee of the city council shall | ||
receive in addition to his or her
salary as an alderperson | ||
alderman such additional compensation, not exceeding $3,500.00
| ||
per annum, as may be provided in the annual appropriation | ||
ordinance for his or her
services as chairman of said | ||
committee.
| ||
(Source: Laws 1947, p. 497.)
| ||
(65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
| ||
Sec. 21-12. City clerk and city treasurer; election; |
tenure. At the time of election of the mayor there shall be | ||
elected also in a nonpartisan election a city
clerk and a city | ||
treasurer. The candidates receiving a majority of the votes
| ||
cast for clerk and treasurer at the consolidated primary | ||
election shall be
declared the clerk and treasurer. If no | ||
candidate receives a majority of the
votes for one of the | ||
offices, a runoff election shall be held at the
consolidated | ||
election, when only the names of the candidates receiving the
| ||
highest and second highest number of votes for that office at | ||
the consolidated
primary election shall appear on the ballot. | ||
If more than one candidate
received the highest or second | ||
highest number of votes for one of the offices
at the | ||
consolidated primary election, the names of all candidates | ||
receiving the
highest and second highest number of votes for | ||
that office shall appear on the
ballot at the consolidated | ||
election. The candidate receiving the highest
number of votes | ||
at the consolidated election shall be declared elected.
| ||
The clerk and treasurer each shall hold office for a
term | ||
of 4 years beginning at noon on the third Monday in May
| ||
following the election and until a successor is elected and | ||
qualified. No
person, however, shall be elected to the office | ||
of city treasurer for 2
terms in succession unless the city, by | ||
ordinance, establishes different succession terms .
| ||
(Source: P.A. 98-115, eff. 7-29-13.)
| ||
(65 ILCS 20/21-14) (from Ch. 24, par. 21-14)
|
Sec. 21-14. Member residency before election; member not | ||
to hold other
office.
| ||
(a) No member may be elected or appointed to the city | ||
council after the
effective date of this amendatory Act of the | ||
93rd General Assembly unless he or
she has resided in the ward | ||
he or she seeks to represent at least one year next preceding | ||
the date of the election or appointment. In the election | ||
following
redistricting, a candidate for alderperson alderman | ||
may be elected from any ward containing
a part of the ward in | ||
which he or she resided for at least one year next preceding | ||
the
election that follows the redistricting,
and, if elected, | ||
that person may be reelected from the new ward he or she | ||
represents if he or she
resides in that ward for at least one | ||
year next preceding the reelection.
| ||
(b) No member of the city council shall at the same time | ||
hold any other
civil service office under the federal, state | ||
or city government, except
if such member is granted a leave of | ||
absence from such civil service
office, or except in the | ||
National Guard, or as a notary public, and
except such | ||
honorary offices as go by appointment without compensation.
| ||
(Source: P.A. 93-847, eff. 7-30-04.)
| ||
(65 ILCS 20/prec. Sec. 21-22 heading)
| ||
ELECTION OF ALDERPERSONS ALDERMEN
| ||
(65 ILCS 20/21-22) (from Ch. 24, par. 21-22)
|
Sec. 21-22. General election for alderpersons aldermen ; | ||
vacancies.
| ||
(a) A general election for alderpersons aldermen shall be | ||
held in the year 1943 and every
4 years thereafter, at which | ||
one alderperson alderman shall be elected from each of the 50
| ||
wards provided for by this Article. The alderpersons aldermen | ||
elected shall serve for a
term of 4 years beginning at noon on | ||
the third Monday in May following
the election of city | ||
officers, and until their successors are elected and have
| ||
qualified. All elections for alderpersons aldermen shall be in | ||
accordance with the
provisions of law in force and operative | ||
in the City of Chicago for such
elections at the time the | ||
elections are held.
| ||
(b) Vacancies occurring in the office of alderperson | ||
alderman shall be filled in the
manner prescribed for filling | ||
vacancies in Section 3.1-10-51 of the Illinois
Municipal Code. | ||
An appointment to fill a vacancy 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.
| ||
(Source: P.A. 95-1041, eff. 3-25-09.)
|
(65 ILCS 20/21-23) (from Ch. 24, par. 21-23)
| ||
Sec. 21-23. Salaries of alderpersons aldermen .
| ||
The alderpersons aldermen in office when this article is | ||
adopted and the alderpersons aldermen
elected under the | ||
provisions of this article may receive for their services
such | ||
compensation as shall be fixed by ordinance, at the rate of not | ||
to
exceed eight thousand dollars per annum for each | ||
alderperson alderman .
| ||
(Source: Laws 1953, p. 1781.)
| ||
(65 ILCS 20/21-24) (from Ch. 24, par. 21-24)
| ||
Sec. 21-24. Application - Recall elections. The provisions | ||
of this Article shall apply to all elections for alderpersons
| ||
aldermen in the city of Chicago. The name of no person shall be | ||
printed
upon the official ballot as a candidate for | ||
alderperson alderman , unless the terms
of this Article shall | ||
have been complied with. If recall elections are
provided for, | ||
to be held within the city of Chicago, the provisions of
this | ||
Article shall apply to such elections, except to the extent | ||
that
provisions inconsistent herewith are made by the law | ||
providing for such
recall elections.
| ||
(Source: Laws 1941, vol. 2, p. 19 .)
| ||
(65 ILCS 20/21-25) (from Ch. 24, par. 21-25)
| ||
Sec. 21-25.
Times for elections.) General elections for | ||
alderpersons aldermen
shall be held in the year or years fixed |
by law for holding the same, on
the last Tuesday of February of | ||
such year. Any supplementary election
for alderpersons | ||
aldermen held under the provisions of this article shall be | ||
held on
the first Tuesday of April next following the holding | ||
of such general
aldermanic election of alderpersons .
| ||
(Source: P.A. 80-1469.)
| ||
(65 ILCS 20/21-26) (from Ch. 24, par. 21-26)
| ||
Sec. 21-26. Candidates receiving majority elected - | ||
Supplementary elections.
| ||
The candidate receiving a majority of the votes cast for | ||
alderperson alderman in
each ward at any general or special | ||
election shall be declared elected. In
the event that no | ||
candidate receives a majority of such votes in any ward
or | ||
wards a supplementary election shall be held at the time | ||
prescribed in
Section 21-25. At such supplementary election | ||
the names of the candidates
in each of such wards receiving the | ||
highest and second highest number of
votes at the preceding | ||
general or special election and no others shall be
placed on | ||
the official ballot: Provided, however, that if there be any
| ||
candidate who, under the provisions of this Section would have | ||
been
entitled to a place on the ballot at the supplementary | ||
election except for
the fact that some other candidate | ||
received an equal number of votes, then
all such candidates | ||
receiving such equal number of votes shall have their
names | ||
printed on the ballot as candidates at such succeeding |
supplementary
election. The candidate receiving the highest | ||
number of votes at such
supplementary election shall be | ||
declared elected. Such supplementary
election shall be deemed | ||
a special election under the election and ballot
laws in force | ||
in the city of Chicago and shall be governed thereby except
in | ||
so far as such laws are inconsistent with the provisions of | ||
this
article.
| ||
(Source: Laws 1941, vol. 2, p. 19 .)
| ||
(65 ILCS 20/21-27) (from Ch. 24, par. 21-27)
| ||
Sec. 21-27. Election contest-Complaint. Any candidate
| ||
whose name appears on the ballots used in any ward of the city | ||
at any election
for alderperson alderman , may contest the | ||
election of the candidate who appears to be
elected from such | ||
ward on the face of the returns, or may contest the right
of | ||
the candidates who appear to have received the highest and | ||
second highest
number of votes to places on the official | ||
ballot at any supplementary election,
by filing within 5 days | ||
after such election with the Clerk of the Circuit
Court of Cook | ||
County, a
complaint in writing, verified by the candidate | ||
making the contest, setting
forth the grounds of the contest. | ||
The contestant in each contest shall also
serve notice on all | ||
persons who were candidates for alderperson alderman of such | ||
ward
at the election, within such 5 days, informing them that | ||
such complaint has
been or will be filed. The Circuit Court of | ||
Cook County shall
have jurisdiction to hear and determine such |
contest. All proceedings in
relation to such contest after the | ||
filing of such complaint shall be the
same, as near as may be, | ||
as provided for in the case of a contest at a
primary election | ||
in such city. In case the court shall decide that the
complaint | ||
is insufficient in law, or that the candidate who appears to | ||
have
been elected on the face of the return has been duly | ||
elected, the complaint
shall be dismissed. If it shall appear | ||
to the satisfaction of the court
that the face of the returns | ||
are not correct, and that the candidate who
appears thereby to | ||
have been elected was not in fact elected, then the
candidates | ||
having the highest and second highest number of votes as
| ||
determined by such contest shall be candidates at the | ||
subsequent
supplementary election as provided for in section | ||
21-26.
| ||
(Source: P.A. 83-334.)
| ||
(65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
| ||
Sec. 21-28. Nomination by petition. | ||
(a) All nominations for alderperson alderman of any ward | ||
in the city shall be by
petition. Each petition for nomination | ||
of a candidate shall be signed by at least 473 legal voters of | ||
the ward. | ||
(b) All nominations for mayor, city clerk, and city | ||
treasurer in the city shall be by petition. Each petition for | ||
nomination of a candidate must be signed by at least 12,500 | ||
legal voters of the city.
|
(c) All such petitions, and procedure with
respect | ||
thereto,
shall conform in other respects to the provisions of | ||
the election and
ballot laws then in force in the city of | ||
Chicago concerning the nomination
of independent candidates | ||
for public office by petition. The method of
nomination herein | ||
provided is exclusive of and replaces all other methods
| ||
heretofore provided by law.
| ||
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
| ||
(65 ILCS 20/21-29) (from Ch. 24, par. 21-29)
| ||
Sec. 21-29. Withdrawals and substitution of candidates.
| ||
Any candidate for alderperson alderman under the | ||
provisions of this article may
withdraw his name as a | ||
candidate by filing with the board of election
commissioners | ||
of the city of Chicago not later than the date of certification | ||
of the ballot his written request signed by him and duly
| ||
acknowledged before an officer qualified to take | ||
acknowledgements of
deeds, whereupon his name shall not be | ||
printed as a candidate upon the
official ballot.
| ||
If any candidate at an aldermanic election of alderpersons | ||
who was not elected as
provided for in this article but who | ||
shall have received sufficient votes
to entitle him to a place | ||
on the official ballot at the ensuing
supplementary election | ||
shall die or withdraw his candidacy before such
supplementary | ||
election, the name of the candidate who shall receive the
next | ||
highest number of votes shall be printed on the ballot in lieu |
of the
name of the candidate who shall have died or withdrawn | ||
his candidacy.
| ||
(Source: P.A. 96-1008, eff. 7-6-10.)
| ||
(65 ILCS 20/21-30) (from Ch. 24, par. 21-30)
| ||
Sec. 21-30. Form
of ballot.
Ballots to be used at any | ||
general, supplementary or special election for alderpersons
| ||
aldermen held under the provisions of this Article, in | ||
addition to other
requirements of law, shall conform to the | ||
following requirements:
| ||
(1) At the top of the ballots shall be printed in | ||
capital letters the
words designating the ballot. If a | ||
general aldermanic election of alderpersons the words
| ||
shall be "Official aldermanic election of alderpersons | ||
ballot"; if a supplementary election
the designating words | ||
shall be "Official supplementary aldermanic election of | ||
alderpersons
ballot"; if a special aldermanic election of | ||
alderpersons , the words shall be "Special
aldermanic | ||
election of alderpersons ballot."
| ||
(2) Beginning not less than one inch below such | ||
designating words and
extending across the face of the | ||
ballot, the title of each office to be
filled shall be | ||
printed in capital letters.
| ||
(3) The names of candidates for different terms of | ||
service therein (if
any there be), shall be arranged and | ||
printed in groups according to the
length of such terms.
|
(4) Immediately below the title of each office or | ||
group heading
indicating the term of office, shall be | ||
printed in small letters the
directions to voters, "Vote | ||
for one."
| ||
(5) Following thereupon shall be printed the names of | ||
the candidates for
such office according to the title and | ||
the term thereof and below the name
of each candidate | ||
shall be printed his place of residence, stating the
| ||
street and number (if any). The names of candidates shall | ||
be printed in
capital letters not less than one-eighth nor | ||
more than one-quarter of an
inch in height, and | ||
immediately at the left of the name of each candidate
| ||
shall be printed a square, the sides of which shall not be | ||
less than
one-quarter of an inch in length. The names of | ||
all the candidates for each
office shall be printed in a | ||
column and arranged in the order hereinafter
designated; | ||
all names of candidates shall be printed in uniform type; | ||
the
places of residence of such candidates shall be | ||
printed in uniform type;
and squares upon said ballots | ||
shall be of uniform size; and spaces between
the names of | ||
the candidates for the same office shall be of uniform | ||
size.
| ||
(6) The names of the candidates for alderperson | ||
alderman shall appear upon the
ballot in the order in | ||
which petitions for nomination have been filed in
the | ||
office of the board of election commissioners. However, 2 |
or more petitions filed within the last hour of the filing | ||
deadline shall be deemed filed simultaneously. Where 2 or | ||
more
petitions are received simultaneously, the board of | ||
election commissioners
shall break ties and determine the | ||
order of filing by means of a lottery or
other fair and | ||
impartial method of random selection approved by the board
| ||
of election commissioners. Such lottery shall be conducted | ||
within 9 days
following the last day for petition filing | ||
and shall be open to the public. Seven
days written notice | ||
of the time and place of conducting such random
selection | ||
shall be given, by the board of election commissioners, to | ||
the
Chairman of each political party and to each | ||
organization of citizens
within the city which was | ||
entitled, under the Election Code, at the next
preceding | ||
election, to have pollwatchers present on the day of | ||
election.
The board of election commissioners shall post | ||
in a conspicuous, open and
public place, at the entrance | ||
of the office, notice of the time and place
of such | ||
lottery. The board of election commissioners shall adopt | ||
rules and
regulations governing the procedures for the | ||
conduct of such lottery.
| ||
(Source: P.A. 98-115, eff. 7-29-13.)
| ||
(65 ILCS 20/21-32) (from Ch. 24, par. 21-32)
| ||
Sec. 21-32. Party
designations prohibited - Ballot to be | ||
separate from other ballots. No party name, party initial, |
party circle platform, principle,
appellation or | ||
distinguishing mark of any kind shall be printed upon any
| ||
election ballot used at any election for mayor, city clerk, | ||
city treasurer, or alderperson alderman held under the | ||
provisions
of this Article.
| ||
(Source: P.A. 98-115, eff. 7-29-13.)
| ||
(65 ILCS 20/21-33) (from Ch. 24, par. 21-33)
| ||
Sec. 21-33. Challengers and watchers.
| ||
Any candidate for alderperson alderman under the terms of | ||
this article may appoint
in writing over his signature not | ||
more than one representative for each
place of voting, who | ||
shall have the right to act as challenger and watcher
for such | ||
candidate at any election at which his name is being voted | ||
upon.
Such challenger and watcher shall have the same powers | ||
and privileges as a
challenger and watcher under the election | ||
laws of this State applicable to
Chicago. No political party | ||
shall have the right to keep any challenger or
watcher at any | ||
polling place at any election held under the provisions of
| ||
this article unless candidates for some office other than | ||
alderperson alderman are to
be voted for at the same time.
| ||
(Source: Laws 1941, vol. 2, p. 19 .)
| ||
(65 ILCS 20/21-34) (from Ch. 24, par. 21-34)
| ||
Sec. 21-34. Certificate of election.
| ||
No certificate of election shall be given to any candidate |
who shall be
declared elected at any general aldermanic | ||
election of alderpersons until after the date
fixed by this | ||
Article for the holding of the supplementary election
provided | ||
for in this Article.
| ||
(Source: Laws 1941, vol. 2, p. 19 .)
| ||
(65 ILCS 20/21-38) (from Ch. 24, par. 21-38)
| ||
Sec. 21-38. Redistricting every ten years.
| ||
If the city council has not redistricted the city of | ||
Chicago since the
taking of the national census of 1940, then | ||
within three months after the
adoption of this article by the | ||
voters it shall be the duty of the city
council to pass an | ||
ordinance redistricting the city into fifty wards in
| ||
accordance with the provisions of this article.
| ||
On or before the first day of December, of the year | ||
following the year
in which the national census is taken, and | ||
every ten years thereafter, the
city council shall by | ||
ordinance redistrict the city on the basis of the
national | ||
census of the preceding year. All elections of alderpersons | ||
aldermen shall be
held from the existing wards until a | ||
redistricting is had as provided for
in this article.
| ||
(Source: Laws 1941, vol. 2, p. 19 .)
| ||
(65 ILCS 20/21-39) (from Ch. 24, par. 21-39)
| ||
Sec. 21-39.
When redistricting ordinance takes effect - | ||
Substitute
ordinance may be submitted.
No such redistricting |
ordinance shall take effect until the
expiration of 15 days | ||
after its passage. If within such 15 days
1/5 or more of the | ||
alderpersons aldermen elected, who did not vote to pass such
| ||
redistricting ordinance, file with the city clerk a proposed | ||
substitute
ordinance redistricting the city in accordance with | ||
the provisions of
this article, together with a petition | ||
signed by them demanding that the
question of the adoption of | ||
the redistricting ordinance passed by the
city council, | ||
together with the question of the adoption of such
substitute | ||
ordinance, be submitted to the voters, then such
redistricting | ||
ordinance passed by the city council shall not go into
effect | ||
until the question of this adoption shall have been submitted | ||
to
a popular vote: Provided, that no alderperson alderman | ||
shall have the right to sign
more than one such petition. Upon | ||
the expiration of such 15 days the
city clerk shall promptly | ||
certify to the board of election commissioners
of the city of | ||
Chicago, the ordinance passed by the city council and
such | ||
substitute ordinance or ordinances and petition or petitions, | ||
and
it shall thereupon be the duty of the board of election | ||
commissioners to
submit the ordinances so certified to a | ||
popular vote at the next
general or municipal election, to be | ||
held in and for the
entire city not less than 40 days after the | ||
passage of such
redistricting ordinance by the city council.
| ||
(Source: P.A. 81-1489.)
| ||
(65 ILCS 20/21-40) (from Ch. 24, par. 21-40)
|
Sec. 21-40.
Failure of council to act - One-fifth of the | ||
alderpersons aldermen may submit
redistricting ordinance.
| ||
If the city council shall fail at any time to pass a | ||
redistricting
ordinance as required in this article, one-fifth | ||
or more of the alderpersons aldermen
elected shall have the | ||
right to file with the city clerk, not less than 40
days before | ||
the date of holding any general, municipal, or special
| ||
election, to be held in and for the entire city, an ordinance | ||
redistricting
the city in accordance with the provisions of | ||
this article, together with a
petition signed by them | ||
demanding that such ordinance be submitted to the
legal voters | ||
at the next such election in and for the entire city to be
held | ||
not less than 40 days after the filing of such ordinance and | ||
petition:
Provided, that no alderperson alderman shall have | ||
the right to sign more than one such
petition. Upon the | ||
expiration of the time for filing any such ordinance the
city | ||
clerk shall promptly certify to the board of election | ||
commissioners of
the city of Chicago any ordinance or | ||
ordinances, together with any petition
or petitions, so filed | ||
and thereupon it shall be the duty of the board of
election | ||
commissioners to submit such ordinance or ordinances to a | ||
popular
vote at the election specified in such petition or | ||
petitions: Provided,
that if, after the filing of any such | ||
ordinance and petition and not less
than 40 days prior to such | ||
election, the city council shall pass an
ordinance | ||
redistricting the city, then the question of the adoption of |
any
ordinance or ordinances filed with the city clerk in | ||
accordance with the
provisions of this section shall not be | ||
submitted to a popular vote.
However, after such action by the | ||
city council, a substitute ordinance or
ordinances may be | ||
proposed in the manner provided in this article.
| ||
(Source: Laws 1941, vol. 2, p. 19 .)
| ||
(65 ILCS 20/21-41) (from Ch. 24, par. 21-41)
| ||
Sec. 21-41. Redistricting ordinance submitted - Form of | ||
ballot.
| ||
If the question of the adoption of one of two or more | ||
redistricting
ordinances is submitted to the voters at any | ||
election, the ballots used for
the submission of such | ||
proposition shall, in addition to the other
requirements of | ||
law, conform substantially to the following requirements:
| ||
1. Above the propositions submitted the following words | ||
shall be printed
in capital letters:
| ||
"PROPOSITIONS FOR THE REDISTRICTING OF THE CITY OF | ||
CHICAGO."
| ||
2. Immediately below said words shall be printed in small | ||
letters the
direction to voters:
| ||
"Vote for One."
| ||
3. Following thereupon shall be printed each proposition | ||
to be voted
upon in substantially the following form:
| ||
-------------------------------------------------------------
|
For the adoption of an ordinance for the redistricting | ||
of the City of
Chicago (here insert "passed by the city | ||
council" or "proposed by Alderpersons Aldermen
(here | ||
insert names of the alderpersons aldermen signing | ||
petition)" as the case may
require.
| ||
-------------------------------------------------------------
| ||
For the adoption of an ordinance for the redistricting | ||
of the City of
Chicago proposed by Alderpersons Aldermen | ||
(here insert names of the alderpersons aldermen signing | ||
the
petition).
| ||
-------------------------------------------------------------
| ||
Whenever the question of the adoption of but one | ||
redistricting ordinance
shall be submitted to the voters, the | ||
form of the ballot shall be
substantially as follows:
| ||
-------------------------------------------------------------
| ||
Shall the ordinance proposed by Alderpersons Aldermen | ||
(Here insert the names of the alderpersons
aldermen | ||
signing the petition) be adopted?
| ||
---------------------------------------------------------
| ||
YES NO
| ||
-------------------------------------------------------------
| ||
4. All the propositions shall be printed in uniform type.
| ||
(Source: Laws 1941, vol. 2, p. 19 .)
|
Section 45. The Civic Center Code is amended by changing | ||
Sections 210-20, 210-25, 270-20, and 270-25 as follows:
| ||
(70 ILCS 200/210-20)
| ||
Sec. 210-20. Board members designated. The mayor and | ||
alderpersons
aldermen , ex officio, of the City of
Pontiac | ||
shall be the members of the Board.
Before entering upon the | ||
duties of his office, each member of the Board shall
take and | ||
subscribe the constitutional oath of office and file it in the | ||
office
of the Secretary of State.
| ||
(Source: P.A. 90-328, eff. 1-1-98.)
| ||
(70 ILCS 200/210-25)
| ||
Sec. 210-25. Board members; terms. Members of the
Board | ||
shall hold office until their
respective successors as mayor | ||
or alderpersons aldermen of the City of Pontiac have been
| ||
appointed and qualified.
| ||
(Source: P.A. 90-328, eff. 1-1-98.)
| ||
(70 ILCS 200/270-20)
| ||
Sec. 270-20. Board members. The mayor and alderpersons | ||
aldermen ,
ex officio, of the City of
Waukegan shall be the | ||
members of the Board.
Before
entering upon the duties of his | ||
office, each member of the Board shall take
and subscribe the | ||
constitutional oath of office and file it in the office
of the |
Secretary of State.
| ||
(Source: P.A. 90-328, eff. 1-1-98.)
| ||
(70 ILCS 200/270-25)
| ||
Sec. 270-25. Board member terms. Members of the Board
| ||
shall hold office until their
respective successors as mayor | ||
or alderpersons aldermen of the City of Waukegan have
been
| ||
appointed and qualified.
| ||
(Source: P.A. 90-328, eff. 1-1-98.)
| ||
Section 50. The Metropolitan Pier and Exposition Authority | ||
Act is amended by changing Section 5.6 as follows: | ||
(70 ILCS 210/5.6) | ||
Sec. 5.6. Marketing agreement. | ||
(a) The Authority shall enter into a marketing agreement | ||
with a not-for-profit organization headquartered in Chicago | ||
and recognized by the Department of Commerce and Economic | ||
Opportunity as a certified local tourism and convention bureau | ||
entitled to receive State tourism grant funds, provided the | ||
bylaws of the organization establish a board of the | ||
organization that is comprised of 35 members serving 3-year | ||
staggered terms, including the following: | ||
(1) no less than 8 members appointed by the Mayor of | ||
Chicago, to include: | ||
(A) a Chair of the board of the organization |
appointed by the Mayor of the City of Chicago from | ||
among the business and civic leaders of Chicago who | ||
are not engaged in the hospitality business or who | ||
have not served as a member of the Board or as chief | ||
executive officer of the Authority; and | ||
(B) 7 members from among the cultural, economic | ||
development, or civic leaders of Chicago; | ||
(2) the chairperson of the interim board or Board of | ||
the Authority, or his or her designee; | ||
(3) a representative from the department in the City | ||
of Chicago that is responsible for the operation of | ||
Chicago-area airports; | ||
(4) a representative from the department in the City | ||
of Chicago that is responsible for the regulation of | ||
Chicago-area livery vehicles; | ||
(5) at least 1, but no more than: | ||
(A) 5 members from the hotel industry; | ||
(B) 5 members representing Chicago arts and | ||
cultural institutions or projects; | ||
(C) 2 members from the restaurant industry; | ||
(D) 2 members employed by or representing an | ||
entity responsible for a trade show; | ||
(E) 2 members representing unions; | ||
(F) 2 members from the attractions industry; and | ||
(6) the Director of the Illinois Department of | ||
Commerce and Economic Opportunity, ex officio. |
The bylaws of the organization may provide for the | ||
appointment of a City of Chicago alderperson alderman as an ex | ||
officio member, and may provide for other ex officio members | ||
who shall serve terms of one year. | ||
Persons with a real or apparent conflict of interest shall | ||
not be appointed to the board. Members of the board of the | ||
organization shall not serve more than 2 terms. The bylaws | ||
shall require the following: (i) that the Chair of the | ||
organization name no less than 5 and no more than 9 members to | ||
the Executive Committee of the organization, one of whom must | ||
be the chairperson of the interim board or Board of the | ||
Authority, and (ii) a provision concerning conflict of | ||
interest and a requirement that a member abstain from | ||
participating in board action if there is a threat to the | ||
independence of judgment created by any conflict of interest | ||
or if participation is likely to have a negative effect on | ||
public confidence in the integrity of the board. | ||
(b) The Authority shall notify the Department of Revenue | ||
within 10 days after entering into a contract pursuant to this | ||
Section.
| ||
(Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10; | ||
97-1122, eff. 8-27-12.) | ||
Section 55. The Beardstown Regional Flood Prevention | ||
District Act is amended by changing Section 10 as follows: |
(70 ILCS 755/10)
| ||
Sec. 10. Commissioners. | ||
(a) The affairs of the district shall be managed by a board | ||
of 7 commissioners: one shall be appointed by the chairperson | ||
of the county board; one shall be appointed by the Mayor of the | ||
City of Beardstown; one shall be appointed by the Beardstown | ||
Sanitary District; one shall be appointed by the South | ||
Beardstown Levee and Drainage District; one shall be appointed | ||
by the Valley Levee and Drainage District; one shall be | ||
appointed by the Lost Creek Levee and Drainage District; and | ||
one shall be appointed by a majority vote of the other 6 | ||
commissioners. All initial appointments under this Section | ||
must be made within 60 days after the district is organized. | ||
(b) Of the initial appointments, 3 commissioners shall | ||
serve a 2-year term and 4 commissioners shall serve a 4-year | ||
term, as determined by lot. Their successors shall be | ||
appointed for 4-year terms. No commissioner may serve for more | ||
than 20 years. Vacancies shall be filled in the same manner as | ||
original appointments. | ||
(c) Each commissioner must be a legal voter in Cass | ||
County, and all commissioners shall reside in and own property | ||
that is located within the district. Commissioners shall serve | ||
without compensation, but may be reimbursed for reasonable | ||
expenses incurred in the performance of their duties.
| ||
(d) A majority of the commissioners shall constitute a | ||
quorum of the board for the transaction of business. An |
affirmative vote of a majority of the commissioners shall be | ||
sufficient to approve any action or expenditure. | ||
(e) An alderperson alderman of the City of Beardstown, a | ||
member of the county board, and a commissioner of each of the | ||
aforementioned drainage districts and sanitation district may | ||
be appointed to serve concurrently as commissioners of the | ||
district, and the appointment shall be deemed lawful and not | ||
to constitute a violation of the Public Officer Prohibited | ||
Activities Act, nor to create an impermissible conflict of | ||
interest or incompatibility of offices.
| ||
(Source: P.A. 97-309, eff. 8-11-11.) | ||
Section 60. The Park System Civil Service Act is amended | ||
by changing Section 23 as follows:
| ||
(70 ILCS 1210/23) (from Ch. 24 1/2, par. 102)
| ||
Sec. 23.
No officer or employee in the service of any such | ||
park district
shall, directly or indirectly, give or hand over | ||
to any officer or employee
in said classified civil service, | ||
or to any senator or representative or alderperson
alderman , | ||
councilman or park commissioner, any money or other valuable
| ||
thing on account of or to be applied to the promotion of any | ||
party or
political object whatever.
| ||
(Source: Laws 1911, p. 211.)
| ||
Section 65. The Park Annuity and Benefit Fund Civil |
Service Act is amended by changing Section 25 as follows:
| ||
(70 ILCS 1215/25) (from Ch. 24 1/2, par. 138)
| ||
Sec. 25.
No officer or employee in the service of such Park | ||
Employees' and
Retirement Board Employees' Annuity and Benefit | ||
Fund shall, directly or
indirectly, give or hand over to any | ||
officer or employee in said classified
civil service, or to | ||
any senator, representative, alderperson alderman , councilman,
| ||
park commissioner or trustee, any money or other valuable | ||
thing on account
of or to be applied to the promotion of any | ||
party or political object
whatever.
| ||
(Source: Laws 1963, p. 138.)
| ||
Section 70. The Metropolitan Water Reclamation District | ||
Act is amended by changing Section 4.25 as follows:
| ||
(70 ILCS 2605/4.25) (from Ch. 42, par. 323.25)
| ||
Sec. 4.25. Political contributions and campaigns. | ||
(a) During a commissioner's or an employee's compensated | ||
time, other than vacation, personal, holiday, or compensatory | ||
time off, a commissioner or an employee in the service of the | ||
sanitary district
shall not, directly or indirectly, give or | ||
hand over to any commissioner or employee, or to any senator, | ||
representative, alderperson
alderman , councilman, or trustee, | ||
any money or other valuable thing on
account of or to be | ||
applied to the promotion of any party or political
object |
whatever. | ||
(b) During an employee's compensated time, other than | ||
vacation, personal, holiday, or compensatory time off, an | ||
employee shall not take any part
in the management or affairs | ||
of any political party or in any political
campaign, except to | ||
exercise his or her right as a citizen privately to express
his | ||
or her opinion, and to cast his or her vote, provided, however, | ||
that an employee
shall have the right to hold any public | ||
office, either by appointment or
election, that is not | ||
incompatible with his or her duties as an employee of the
| ||
District, and provided further that the employee does not | ||
campaign or otherwise
engage in political activity during his | ||
or her compensated time other than vacation, personal, | ||
holiday, or compensatory time off. | ||
(c) This Section shall
not be deemed to authorize conduct | ||
prohibited by the Federal Hatch Act by
employees subject to | ||
that Act.
| ||
(d) For the purposes of this Section, "compensated time" | ||
means any time worked by or credited to an employee that counts | ||
toward any minimum work time requirement imposed as a | ||
condition of employment with the sanitary district, but does | ||
not include any designated holidays or any period when the | ||
employee is on a leave of absence. With respect to | ||
commissioners, "compensated time" means any period of time | ||
when the commissioner is on the premises under the control of | ||
the sanitary district and any other time when the commissioner |
is executing his or her official duties, regardless of | ||
location. | ||
For the purposes of this Section, "compensatory time off" | ||
means authorized time off earned by or awarded to an employee | ||
to compensate in whole or in part for time worked in excess of | ||
the minimum work time required of that employee as a condition | ||
of employment with the sanitary district. | ||
(Source: P.A. 97-125, eff. 7-14-11.)
| ||
Section 75. The School Code is amended by changing | ||
Sections 24-2, 34-210, 34-230, and 34-235 as follows:
| ||
(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
| ||
Sec. 24-2. Holidays. | ||
(a) Teachers shall not be required
to teach on Saturdays, | ||
nor, except as provided in subsection (b) of this Section, | ||
shall teachers or other school
employees, other than | ||
noncertificated school employees whose presence is
necessary | ||
because of an emergency or for the continued operation and
| ||
maintenance of school facilities or property, be
required to | ||
work on legal school
holidays, which are January 1, New Year's | ||
Day; the third Monday in
January, the Birthday of Dr. Martin | ||
Luther King, Jr.; February 12, the
Birthday of President | ||
Abraham Lincoln; the
first Monday in March (to be known as | ||
Casimir Pulaski's birthday); Good
Friday; the day designated | ||
as Memorial Day by federal law; July 4,
Independence Day; the |
first Monday in September, Labor Day; the second Monday
in | ||
October, Columbus Day; November 11, Veterans' Day; the | ||
Thursday in
November commonly called Thanksgiving Day; and | ||
December 25, Christmas Day.
School boards may grant special | ||
holidays whenever in their judgment such
action is advisable. | ||
No deduction shall
be made from the time or
compensation of a | ||
school employee on account of any legal
or special holiday.
| ||
(b) A school board or other entity eligible to apply for | ||
waivers and modifications under Section 2-3.25g of this Code | ||
is authorized to hold school or schedule teachers' institutes, | ||
parent-teacher conferences, or staff development on the third | ||
Monday in January (the Birthday of Dr. Martin Luther King, | ||
Jr.); February 12 (the Birthday of President Abraham Lincoln); | ||
the first Monday in March (known as Casimir Pulaski's | ||
birthday); the second Monday in October (Columbus Day); and | ||
November 11 (Veterans' Day), provided that: | ||
(1) the person or persons honored by the holiday are | ||
recognized through instructional activities conducted on | ||
that day or, if the day is not used for student attendance, | ||
on the first school day preceding or following that day; | ||
and | ||
(2) the entity that chooses to exercise this authority | ||
first holds a public hearing about the proposal. The | ||
entity shall provide notice preceding the public hearing | ||
to both educators and parents. The notice shall set forth | ||
the time, date, and place of the hearing, describe the |
proposal, and indicate that the entity will take testimony | ||
from educators and parents about the proposal.
| ||
(c) Commemorative holidays, which recognize specified | ||
patriotic, civic,
cultural or historical persons, activities, | ||
or events, are regular school
days. Commemorative
holidays | ||
are: January 28 (to be known as Christa McAuliffe Day and
| ||
observed as a commemoration of space exploration), February 15 | ||
(the
birthday of Susan B. Anthony), March 29 (Viet Nam War | ||
Veterans' Day),
September 11 (September 11th Day of | ||
Remembrance), the school day
immediately preceding Veterans' | ||
Day (Korean War Veterans'
Day), October 1 (Recycling Day), | ||
October 7 (Iraq and Afghanistan Veterans Remembrance Day), | ||
December 7 (Pearl Harbor Veterans' Day), and
any day so | ||
appointed by the President or
Governor. School boards may | ||
establish commemorative holidays whenever in
their judgment | ||
such action is advisable.
School boards shall include | ||
instruction relative to commemorated persons,
activities, or
| ||
events on the commemorative holiday or at any other time | ||
during the school
year and at any point in the curriculum when | ||
such instruction may be deemed
appropriate. The State Board of | ||
Education shall prepare and make available
to school boards | ||
instructional materials relative to commemorated persons,
| ||
activities,
or events which may be used by school boards in | ||
conjunction with any
instruction provided pursuant to this | ||
paragraph.
| ||
(d) City of Chicago School District 299 shall observe |
March 4 of each year as
a commemorative holiday. This holiday | ||
shall be known as Mayors' Day which
shall be a day to | ||
commemorate and be reminded of the past Chief Executive
| ||
Officers of the City of Chicago, and in particular the late | ||
Mayor Richard
J. Daley and the late Mayor Harold Washington. | ||
If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be | ||
observed on the following Monday. | ||
(e) Notwithstanding any other provision of State law to | ||
the contrary, November 3, 2020 shall be a State holiday known | ||
as 2020 General Election Day and shall be observed throughout | ||
the State pursuant to this amendatory Act of the 101st General | ||
Assembly. All government offices, with the exception of | ||
election authorities, shall be closed unless authorized to be | ||
used as a location for election day services or as a polling | ||
place. | ||
Notwithstanding any other provision of State law to the | ||
contrary, November 8, 2022 shall be a State holiday known as | ||
2022 General Election Day and shall be observed throughout the | ||
State under this amendatory Act of the 102nd General Assembly.
| ||
(Source: P.A. 101-642, eff. 6-16-20.)
| ||
(105 ILCS 5/34-210) | ||
Sec. 34-210. The Educational Facility Master Plan. | ||
(a) In accordance with the schedule set forth in this | ||
Article, the chief executive officer or his or her designee | ||
shall prepare a 10-year educational facility master plan every |
5 years, with updates 2 1/2 years after the approval of the | ||
initial 10-year plan, with the first such educational facility | ||
master plan to be approved on or before October 1, 2013. | ||
(b) The educational facility master plan shall provide | ||
community area level plans and individual school master plans | ||
with options for addressing the facility and space needs for | ||
each facility operated by the district over a 10-year period. | ||
(c) The data, information, and analysis that shall inform | ||
the educational facility master plan shall be published on the | ||
district's Internet website and shall include the following: | ||
(1) a description of the district's guiding | ||
educational goals and standards; | ||
(2) a brief description of the types of instructional | ||
programs and services delivered in each school, including | ||
specific plans for special education programs, early | ||
childhood education programs, career and technical | ||
education programs, and any other programs that are space | ||
sensitive to avoid space irregularities; | ||
(3) a description of the process, procedure, and | ||
timeline for community participation in the development of | ||
the plan; | ||
(3.5) A description of a communications and community | ||
involvement plan for each community in the City of Chicago | ||
that includes the engagement of students, school | ||
personnel, parents, and key stakeholders throughout the | ||
community and all of the following: |
(A) community action councils; | ||
(B) local school councils or, if not present, | ||
alternative parent and community governance for that | ||
school; | ||
(C) the Chicago Teachers Union; and | ||
(D) all current principals. | ||
(4) the enrollment capacity of each school and its | ||
rate of enrollment and historical and projected | ||
enrollment, and current and projected demographic | ||
information for the neighborhood surrounding the district | ||
based on census data; | ||
(5) a report on the assessment of individual building | ||
and site conditions; | ||
(6) a data table with historical and projected | ||
enrollment data by school by grade; | ||
(7) community analysis, including a study of current | ||
and projected demographics, land usage, transportation | ||
plans, residential housing and commercial development, | ||
private schools, plans for water and sewage service | ||
expansion or redevelopment, and institutions of higher | ||
education; | ||
(8) an analysis of the facility needs and requirements | ||
and a process to address critical facility capital needs | ||
of every
school building, which shall be publicly | ||
available on the
district's Internet website for schools | ||
and communities to
have access to the information; |
(9) identification of potential sources of funding for | ||
the implementation of the Educational Facility Master | ||
Plan, including financial options through tax increment | ||
financing, property tax levies for schools, and bonds that | ||
address critical facility needs; and | ||
(10) any school building disposition, including a plan | ||
delineating the process through which citizen involvement | ||
is facilitated and establishing the criteria that is | ||
utilized in building disposition decisions, one of which | ||
shall be consideration of the impact of any proposed new | ||
use of a school building on the neighborhood in which the | ||
school building is located and how it may impact | ||
enrollment of schools in that community area. | ||
(d) On or before May 1, 2013, the chief executive officer | ||
or his or her designee shall prepare and distribute for | ||
comment a preliminary draft of the Educational Facility Master | ||
Plan. The draft plan shall be distributed to the City of | ||
Chicago, the County of Cook, the Chicago Park District, the | ||
Chicago Housing Authority, the Chicago Transit Authority, | ||
attendance centers operated by the district, and charter | ||
schools operating within the district. Each attendance center | ||
shall make the draft plan available to the local school | ||
council at the annual organizational meeting or to an | ||
alternative advisory body and to the parents, guardians, and | ||
staff of the school. The draft plan also shall be distributed | ||
to each State Senator and State Representative with a district |
in the City of Chicago, to the Mayor of the City of Chicago, | ||
and to each alderperson alderman of the City. | ||
(e) The chief executive or his or her designee shall | ||
publish a procedure for conducting regional public hearings | ||
and submitting public comments on the draft plan and an annual | ||
capital improvement hearing that shall discuss the district's | ||
annual capital budget and that is not in conjunction with | ||
operating budget hearings. | ||
(f) After consideration of public input on the draft plan, | ||
the chief executive officer or his or her designee shall | ||
prepare and publish a report describing the public input | ||
gathered and the process used to incorporate public input in | ||
the development of the final plan to be recommended to the | ||
Board. | ||
(g) The chief executive officer shall present the final | ||
plan and report to the Board for final consideration and | ||
approval. | ||
(h) The final approved Educational Facility Master Plan | ||
shall be published on the district's website. | ||
(i) No later than July 1, 2016, and every 5 years | ||
thereafter, the chief executive officer or his or her designee | ||
shall prepare and submit for public comment a draft revised | ||
Educational Facility Master Plan following the procedures | ||
required for development of the original plan. | ||
(j) This proposed revised plan shall reflect the progress | ||
achieved during the first 2 1/2 years of the Educational |
Facility Master Plan.
| ||
(k) On or before December 1, 2018, the Board shall adopt a | ||
policy to address under-enrolled schools. The policy must | ||
contain a list of potential interventions to address schools | ||
with declining enrollment, including, but not limited to, | ||
action by the district to:
(i) create a request for proposals | ||
for joint use of the school with an intergovernmental rental | ||
or other outside entity rental,
(ii) except for a charter | ||
school, cease any potential plans for school expansion that | ||
may negatively impact enrollment at the under-enrolled school,
| ||
(iii) redraft attendance boundaries to maximize enrollment of | ||
additional students, or
(iv) work with under-enrolled schools | ||
to identify opportunities to increase enrollment and lower the | ||
costs of occupancy through joint use agreements. | ||
(Source: P.A. 99-531, eff. 7-8-16; 100-965, eff. 8-19-18.) | ||
(105 ILCS 5/34-230) | ||
Sec. 34-230. School action public meetings and hearings. | ||
(a) By October 1 of each year, the chief executive officer | ||
shall prepare and publish guidelines for school actions. The | ||
guidelines shall outline the academic and non-academic | ||
criteria for a school action. These guidelines shall be | ||
created with the involvement of local school councils, | ||
parents, educators, and community organizations. These | ||
guidelines, and each subsequent revision, shall be subject to | ||
a public comment period of at least 21 days before their |
approval. | ||
(b) The chief executive officer shall announce all | ||
proposed school actions to be taken at the close of the current | ||
academic year consistent with the guidelines by December 1 of | ||
each year. | ||
(c) On or before December 1 of each year, the chief | ||
executive officer shall publish notice of the proposed school | ||
actions. | ||
(1) Notice of the proposal for a school action shall | ||
include a written statement of the basis for the school | ||
action, an explanation of how the school action meets the | ||
criteria set forth in the guidelines, and a draft School | ||
Transition Plan identifying the items required in Section | ||
34-225 of this Code for all schools affected by the school | ||
action. The notice shall state the date, time, and place | ||
of the hearing or meeting. For a school closure only, 8 | ||
months after notice is given, the chief executive officer | ||
must publish on the district's website a full financial | ||
report on the closure that includes an analysis of the | ||
closure's costs and benefits to the district. | ||
(2) The chief executive officer or his or her designee | ||
shall provide notice to the principal, staff, local school | ||
council, and parents or guardians of any school that is | ||
subject to the proposed school action. | ||
(3) The chief executive officer shall provide written | ||
notice of any proposed school action to the State Senator, |
State Representative, and alderperson alderman for the | ||
school or schools that are subject to the proposed school | ||
action. | ||
(4) The chief executive officer shall publish notice | ||
of proposed school actions on the district's Internet | ||
website. | ||
(5) The chief executive officer shall provide notice | ||
of proposed school actions at least 30 calendar days in | ||
advance of a public hearing or meeting. The notice shall | ||
state the date, time, and place of the hearing or meeting. | ||
No Board decision regarding a proposed school action may | ||
take place less than 60 days after the announcement of the | ||
proposed school action. | ||
(d) The chief executive officer shall publish a brief | ||
summary of the proposed school actions and the date, time, and | ||
place of the hearings or meetings in a newspaper of general | ||
circulation. | ||
(e) The chief executive officer shall designate at least 3 | ||
opportunities to elicit public comment at a hearing or meeting | ||
on a proposed school action and shall do the following: | ||
(1) Convene at least one public hearing at the | ||
centrally located office of the Board. | ||
(2) Convene at least 2 additional public hearings or | ||
meetings at a location convenient to the school community | ||
subject to the proposed school action. | ||
(f) Public hearings shall be conducted by a qualified |
independent hearing officer chosen from a list of independent | ||
hearing officers. The general counsel shall compile and | ||
publish a list of independent hearing officers by November 1 | ||
of each school year. The independent hearing officer shall | ||
have the following qualifications: | ||
(1) he or she must be a licensed attorney eligible to | ||
practice law in Illinois; | ||
(2) he or she must not be an employee of the Board; and | ||
(3) he or she must not have represented the Board, its | ||
employees or any labor organization representing its | ||
employees, any local school council, or any charter or | ||
contract school in any capacity within the last year. | ||
The independent hearing officer shall issue a written | ||
report that summarizes the hearing and determines whether the | ||
chief executive officer complied with the requirements of this | ||
Section and the guidelines. | ||
The chief executive officer shall publish the report on | ||
the district's Internet website within 5 calendar days after | ||
receiving the report and at least 15 days prior to any Board | ||
action being taken. | ||
(g) Public meetings shall be conducted by a representative | ||
of the chief executive officer. A summary of the public | ||
meeting shall be published on the district's Internet website | ||
within 5 calendar days after the meeting. | ||
(h) If the chief executive officer proposes a school | ||
action without following the mandates set forth in this |
Section, the proposed school action shall not be approved by | ||
the Board during the school year in which the school action was | ||
proposed.
| ||
(Source: P.A. 101-133, eff. 7-26-19.) | ||
(105 ILCS 5/34-235) | ||
(Text of Section from P.A. 97-473) | ||
Sec. 34-235. Emergencies. Nothing in Sections 34-200 | ||
through 34-235 of this Code prevents the district from taking | ||
emergency action to protect the health and safety of students | ||
and staff in an attendance center. In the event of an emergency | ||
that requires the district to close all or part of a school | ||
facility, including compliance with a directive of a duly | ||
authorized public safety agency, the chief executive officer | ||
or his or her designees are authorized to take all steps | ||
necessary to protect the safety of students and staff, | ||
including relocation of the attendance center to another | ||
location or closing the attendance center. In such cases, the | ||
chief executive officer shall provide written notice of the | ||
basis for the emergency action within 3 days after declaring | ||
the emergency and shall publish the steps that have been taken | ||
or will be taken to address the emergency within 10 days after | ||
declaring the emergency. The notice shall be posted on the | ||
district's website and provided to the principal, the local | ||
school council, and the State Senator, the State | ||
Representative, and the alderperson Alderman of the school |
that is the subject of the emergency action. The notice shall | ||
explain why the district could not comply with the provisions | ||
in Sections 34-200 through 34-235 of this Code.
| ||
(Source: P.A. 97-473, eff. 1-1-12.) | ||
(Text of Section from P.A. 97-474) | ||
Sec. 34-235. Emergencies. Nothing in Sections 34-200 | ||
through 34-235 of this Code prevents the district from taking | ||
emergency action to protect the health and safety of students | ||
and staff in an attendance center. In the event of an emergency | ||
that requires the district to close all or part of a school | ||
facility, including compliance with a directive of a duly | ||
authorized public safety agency, the chief executive officer | ||
or his or her designees are authorized to take all steps | ||
necessary to protect the safety of students and staff, | ||
including relocation of the attendance center to another | ||
location or closing the attendance center. In such cases, the | ||
chief executive officer shall provide written notice of the | ||
basis for the emergency action within 3 days after declaring | ||
the emergency and shall publish the steps that have been taken | ||
or will be taken to address the emergency within 10 days after | ||
declaring the emergency. The notice shall be posted on the | ||
district's website and provided to the principal, the local | ||
school council, and the State Senator, the State | ||
Representative, and the alderperson alderman of the school | ||
that is the subject of the emergency action. The notice shall |
explain why the district could not comply with the provisions | ||
in Sections 34-200 through 34-235 of this Code.
| ||
(Source: P.A. 97-474, eff. 8-22-11.) | ||
Section 85. The State Universities Civil Service Act is | ||
amended by changing Section 45a as follows:
| ||
(110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1)
| ||
Sec. 45a.
Except as provided in the second sentence of | ||
this Section,
all officers and employees subject to this Act, | ||
shall have the
following days as holidays, for which they | ||
shall receive their usual
compensation: New Year's Day, | ||
January 1, Memorial Day, as determined by
the law of the State | ||
of Illinois, Independence Day, July 4, Labor Day,
the first | ||
Monday in September, Thanksgiving Day, the fourth Thursday of
| ||
November, Christmas Day, December 25, and five holidays to be | ||
designated
by each college, university, agency and community | ||
college subject to
this Act. Craft and trade employees subject | ||
to this Act shall be paid
for all paid holidays included in | ||
their area agreement, and will be paid
for all five holidays | ||
designated by their employer pursuant to this
section. | ||
Notwithstanding any other provision of State law to the | ||
contrary, November 3, 2020 shall be a State holiday known as | ||
2020 General Election Day and shall be observed throughout the | ||
State pursuant to this amendatory Act of the 101st General | ||
Assembly. All government offices, with the exception of |
election authorities, shall be closed unless authorized to be | ||
used as a location for election day services or as a polling | ||
place. | ||
Notwithstanding any other provision of State law to the | ||
contrary, November 8, 2022 shall be a State holiday known as | ||
2022 General Election Day and shall be observed throughout the | ||
State under this amendatory Act of the 102nd General Assembly.
| ||
(Source: P.A. 101-642, eff. 6-16-20.)
| ||
Section 90. The Liquor Control Act of 1934 is amended by | ||
changing Sections 4-1, 6-2, and 6-11 as follows:
| ||
(235 ILCS 5/4-1) (from Ch. 43, par. 110)
| ||
Sec. 4-1.
In every city, village or incorporated town, the | ||
city council or
president and board of trustees, and in | ||
counties in respect of territory
outside the limits of any | ||
such city, village or incorporated town the
county board shall | ||
have the power by general ordinance or resolution to
determine | ||
the number, kind and classification of licenses, for sale at
| ||
retail of alcoholic liquor not inconsistent with this Act and | ||
the amount
of the local licensee fees to be paid for the | ||
various kinds of licenses to
be issued in their political | ||
subdivision, except those issued to the
specific non-beverage | ||
users exempt from payment of license fees under
Section 5-3 | ||
which shall be issued without payment of
any local license | ||
fees, and the manner of distribution of such fees after
their |
collection; to regulate or prohibit the presence of persons | ||
under
the age of 21 on the premises of licensed retail | ||
establishments of various
kinds and classifications where | ||
alcoholic liquor is drawn, poured, mixed or
otherwise served | ||
for consumption on the premises; to prohibit any minor
from | ||
drawing, pouring, or mixing any alcoholic
liquor as an | ||
employee of any retail licensee; and to prohibit any minor
| ||
from at any time attending any bar and from drawing, pouring or | ||
mixing any
alcoholic liquor in any licensed retail premises; | ||
and to establish such
further regulations and restrictions | ||
upon the issuance of and operations
under local licenses not | ||
inconsistent with law as the public good and
convenience may | ||
require; and to provide penalties for the violation of
| ||
regulations and restrictions, including those made by county | ||
boards,
relative to operation under local licenses; provided, | ||
however, that in the
exercise of any of the powers granted in | ||
this section, the issuance of such
licenses shall not be | ||
prohibited except for reasons specifically enumerated
in | ||
Sections 6-2, 6-11, 6-12 and 6-25 of this Act.
| ||
However, in any municipality with a population exceeding | ||
1,000,000 that
has adopted the form of government authorized | ||
under "An Act concerning cities,
villages, and incorporated | ||
towns, and to repeal certain Acts herein named",
approved | ||
August 15, 1941, as amended, no person shall be granted any | ||
license
or privilege to sell alcoholic liquors between the | ||
hours of two o'clock
a.m. and seven o'clock a.m. on week days |
unless such person has given
at least 14 days prior written | ||
notice to the alderperson alderman of the ward in which
such | ||
person's licensed premises are located stating his intention | ||
to make
application for such license or privilege and unless | ||
evidence confirming
service of such written notice is included
| ||
in such application. Any license or privilege granted in | ||
violation of this
paragraph shall be null and void.
| ||
(Source: P.A. 99-46, eff. 7-15-15.)
| ||
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
| ||
Sec. 6-2. Issuance of licenses to certain persons | ||
prohibited.
| ||
(a) Except as otherwise provided in subsection (b) of this | ||
Section and in paragraph (1) of subsection (a) of Section | ||
3-12, no license
of any kind issued by the State Commission or | ||
any local
commission shall be issued to:
| ||
(1) A person who is not a resident of any city, village | ||
or county in
which the premises covered by the license are | ||
located; except in case of
railroad or boat licenses.
| ||
(2) A person who is not of good character and | ||
reputation in the
community in which he resides.
| ||
(3) (Blank).
| ||
(4) A person who has been convicted of a felony under | ||
any Federal or
State law, unless the Commission determines | ||
that such
person will not be impaired by the conviction in | ||
engaging in the licensed practice
after considering |
matters set forth in such person's application in | ||
accordance with Section 6-2.5 of this Act and the
| ||
Commission's investigation.
| ||
(5) A person who has been convicted of keeping a place | ||
of prostitution or keeping a place of juvenile | ||
prostitution, promoting prostitution that involves keeping | ||
a place of prostitution, or promoting juvenile | ||
prostitution that involves keeping a place of juvenile | ||
prostitution.
| ||
(6) A person who has been convicted of pandering.
| ||
(7) A person whose license issued under this Act has | ||
been revoked for
cause.
| ||
(8) A person who at the time of application for | ||
renewal of any license
issued hereunder would not be | ||
eligible for such license upon a first
application.
| ||
(9) A copartnership, if any general partnership | ||
thereof, or any
limited partnership thereof, owning more | ||
than 5% of the aggregate limited
partner interest in such | ||
copartnership would not be eligible to receive a
license | ||
hereunder for any reason other than residence within the | ||
political
subdivision, unless residency is required by | ||
local ordinance.
| ||
(10) A corporation or limited liability company, if | ||
any member, officer, manager or director thereof, or
any | ||
stockholder or stockholders owning in the aggregate more | ||
than 5% of the
stock of such corporation, would not be |
eligible to receive a license
hereunder for any reason | ||
other than residence within the
political subdivision.
| ||
(10a) A corporation or limited liability company | ||
unless it is incorporated or organized in Illinois, or | ||
unless it
is a foreign corporation or foreign limited | ||
liability company which is qualified under the Business
| ||
Corporation Act of 1983 or the Limited Liability Company | ||
Act to transact business in Illinois. The Commission shall | ||
permit and accept from an applicant for a license under | ||
this Act proof prepared from the Secretary of State's | ||
website that the corporation or limited liability company | ||
is in good standing and is qualified under the Business
| ||
Corporation Act of 1983 or the Limited Liability Company | ||
Act to transact business in Illinois.
| ||
(11) A person whose place of business is conducted by | ||
a manager or agent
unless the manager or agent possesses | ||
the same qualifications required by
the licensee.
| ||
(12) A person who has been convicted of a violation of | ||
any Federal or
State law concerning the manufacture, | ||
possession or sale of alcoholic
liquor, subsequent to the | ||
passage of this Act or has forfeited his bond to
appear in | ||
court to answer charges for any such violation, unless the | ||
Commission determines, in accordance with Section 6-2.5 of | ||
this Act, that the person will not be impaired by the | ||
conviction in engaging in the licensed practice.
| ||
(13) A person who does not beneficially own the |
premises for which a
license is sought, or does not have a | ||
lease thereon for the full period for
which the license is | ||
to be issued.
| ||
(14) Any law enforcing public official, including | ||
members
of local liquor control commissions,
any mayor, | ||
alderperson alderman , or member of the
city council or | ||
commission, any president of the village board of | ||
trustees,
any member of a village board of trustees, or | ||
any president or member of a
county board; and no such | ||
official shall have a direct interest in the
manufacture, | ||
sale, or distribution of alcoholic liquor, except that a
| ||
license
may be granted to such official in relation to | ||
premises that are
not
located within the territory subject | ||
to the jurisdiction of that official
if the issuance of | ||
such license is approved by the State Liquor Control
| ||
Commission
and except that a license may be granted, in a | ||
city or village with a
population of 55,000 or less, to any | ||
alderperson alderman , member of a city council, or
member | ||
of a village board of trustees in relation to premises | ||
that are located
within the territory
subject to the | ||
jurisdiction of that official if (i) the sale of alcoholic
| ||
liquor pursuant to the license is incidental to the | ||
selling of food, (ii) the
issuance of the license is | ||
approved by the State Commission, (iii) the
issuance of | ||
the license is in accordance with all applicable local | ||
ordinances
in effect where the premises are located, and |
(iv) the official granted a
license does not vote on | ||
alcoholic liquor issues pending before the board or
| ||
council to which the license holder is elected. | ||
Notwithstanding any provision of this paragraph (14) to | ||
the contrary, an alderperson alderman or member of a city | ||
council or commission, a member of a village board of | ||
trustees other than the president of the village board of | ||
trustees, or a member of a county board other than the | ||
president of a county board may have a direct interest in | ||
the manufacture, sale, or distribution of alcoholic liquor | ||
as long as he or she is not a law enforcing public | ||
official, a mayor, a village board president, or president | ||
of a county board. To prevent any conflict of interest, | ||
the elected official with the direct interest in the | ||
manufacture, sale, or distribution of alcoholic liquor | ||
shall not participate in any meetings, hearings, or | ||
decisions on matters impacting the manufacture, sale, or | ||
distribution of alcoholic liquor. Furthermore, the mayor | ||
of a city with a population of 55,000 or less or the | ||
president of a village with a population of 55,000 or less | ||
may have an interest in the manufacture, sale, or | ||
distribution of alcoholic liquor as long as the council or | ||
board over which he or she presides has made a local liquor | ||
control commissioner appointment that complies with the | ||
requirements of Section 4-2 of this Act.
| ||
(15) A person who is not a beneficial owner of the |
business to be
operated by the licensee.
| ||
(16) A person who has been convicted of a gambling | ||
offense as
proscribed by any of subsections (a) (3) | ||
through (a)
(11) of
Section 28-1 of, or as
proscribed by | ||
Section 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | ||
Criminal Code of 2012, or as proscribed by a
statute
| ||
replaced by any of the aforesaid statutory provisions.
| ||
(17) A person or entity to whom a federal wagering | ||
stamp has been
issued by the
federal government, unless | ||
the person or entity is eligible to be issued a
license | ||
under the Raffles and Poker Runs Act or the Illinois Pull | ||
Tabs and Jar Games Act.
| ||
(18) A person who intends to sell alcoholic liquors | ||
for use or
consumption on his or her licensed retail | ||
premises who does not have liquor
liability insurance | ||
coverage for that premises in an amount that is at least
| ||
equal to the maximum liability amounts set out in | ||
subsection (a) of Section
6-21.
| ||
(19) A person who is licensed by any licensing | ||
authority as a manufacturer of beer, or any partnership, | ||
corporation, limited liability company, or trust or any | ||
subsidiary, affiliate, or agent thereof, or any other form | ||
of business enterprise licensed as a manufacturer of beer, | ||
having any legal, equitable, or beneficial interest, | ||
directly or indirectly, in a person licensed in this State | ||
as a distributor or importing distributor. For purposes of |
this paragraph (19), a person who is licensed by any | ||
licensing authority as a "manufacturer of beer" shall also | ||
mean a brewer and a non-resident dealer who is also a | ||
manufacturer of beer, including a partnership, | ||
corporation, limited liability company, or trust or any | ||
subsidiary, affiliate, or agent thereof, or any other form | ||
of business enterprise licensed as a manufacturer of beer. | ||
(20) A person who is licensed in this State as a | ||
distributor or importing distributor, or any partnership, | ||
corporation, limited liability company, or trust or any | ||
subsidiary, affiliate, or agent thereof, or any other form | ||
of business enterprise licensed in this State as a | ||
distributor or importing distributor having any legal, | ||
equitable, or beneficial interest, directly or indirectly, | ||
in a person licensed as a manufacturer of beer by any | ||
licensing authority, or any partnership, corporation, | ||
limited liability company, or trust or any subsidiary, | ||
affiliate, or agent thereof, or any other form of business | ||
enterprise, except for a person who owns, on or after the | ||
effective date of this amendatory Act of the 98th General | ||
Assembly, no more than 5% of the outstanding shares of a | ||
manufacturer of beer whose shares are publicly traded on | ||
an exchange within the meaning of the Securities Exchange | ||
Act of 1934. For the purposes of this paragraph (20), a | ||
person who is licensed by any licensing authority as a | ||
"manufacturer of beer" shall also mean a brewer and a |
non-resident dealer who is also a manufacturer of beer, | ||
including a partnership, corporation, limited liability | ||
company, or trust or any subsidiary, affiliate, or agent | ||
thereof, or any other form of business enterprise licensed | ||
as a manufacturer of beer. | ||
(b) A criminal conviction of a corporation is not grounds | ||
for the
denial, suspension, or revocation of a license applied | ||
for or held by the
corporation if the criminal conviction was | ||
not the result of a violation of any
federal or State law | ||
concerning the manufacture, possession or sale of
alcoholic | ||
liquor, the offense that led to the conviction did not result | ||
in any
financial gain to the corporation and the corporation | ||
has terminated its
relationship with each director, officer, | ||
employee, or controlling shareholder
whose actions directly | ||
contributed to the conviction of the corporation. The
| ||
Commission shall determine if all provisions of this | ||
subsection (b) have been
met before any action on the | ||
corporation's license is initiated.
| ||
(Source: P.A. 100-286, eff. 1-1-18; 101-541, eff. 8-23-19.)
| ||
(235 ILCS 5/6-11)
| ||
Sec. 6-11. Sale near churches, schools, and hospitals.
| ||
(a) No license shall be issued for the sale at retail of | ||
any
alcoholic liquor within 100 feet of any church, school | ||
other than an
institution of higher learning, hospital, home | ||
for aged or indigent
persons or for veterans, their spouses or |
children or any military or
naval station, provided, that this | ||
prohibition shall not apply to hotels
offering restaurant | ||
service, regularly organized clubs, or to
restaurants, food | ||
shops or other places where sale of alcoholic liquors
is not | ||
the principal business carried on if the place of business so
| ||
exempted is not located in a municipality of more than 500,000 | ||
persons,
unless required by local ordinance; nor to the | ||
renewal of a license for the
sale at retail of alcoholic liquor | ||
on premises within 100 feet of any church
or school where the | ||
church or school has been established within such
100 feet | ||
since the issuance of the original license. In the case of a
| ||
church, the distance of 100 feet shall be measured to the | ||
nearest part
of any building used for worship services or | ||
educational programs and
not to property boundaries.
| ||
(a-5) Notwithstanding any provision of this Section to the | ||
contrary, a local liquor control commissioner may grant an | ||
exemption to the prohibition in subsection (a) of this Section | ||
if a local rule or ordinance authorizes the local liquor | ||
control commissioner to grant that exemption. | ||
(b) Nothing in this Section shall prohibit the issuance of | ||
a retail
license
authorizing the sale of alcoholic liquor to a | ||
restaurant, the primary business
of which is the sale of goods | ||
baked on the premises if (i) the restaurant is
newly | ||
constructed and located on a lot of not less than 10,000 square | ||
feet,
(ii) the restaurant costs at least $1,000,000 to | ||
construct, (iii) the licensee
is the titleholder to the |
premises and resides on the premises, and (iv) the
| ||
construction of the restaurant is completed within 18 months | ||
of July 10, 1998 (the effective
date of Public Act 90-617).
| ||
(c) Nothing in this Section shall prohibit the issuance of | ||
a retail
license
authorizing the sale of alcoholic liquor | ||
incidental to a restaurant if (1) the
primary
business of the | ||
restaurant consists of the sale of food where the sale of
| ||
liquor is incidental to the sale of food and the applicant is a | ||
completely new
owner of the restaurant, (2) the immediately
| ||
prior owner or operator of the premises where the restaurant | ||
is located
operated the premises as a restaurant and held a | ||
valid retail license
authorizing the
sale of alcoholic liquor | ||
at the restaurant for at least part of the 24 months
before the
| ||
change of ownership, and (3) the restaurant is located 75 or | ||
more feet from a
school.
| ||
(d) In the interest of further developing Illinois' | ||
economy in the area
of
commerce, tourism, convention, and | ||
banquet business, nothing in this
Section shall
prohibit | ||
issuance of a retail license authorizing the sale of alcoholic
| ||
beverages to a restaurant, banquet facility, grocery store, or | ||
hotel having
not fewer than
150 guest room accommodations | ||
located in a municipality of more than 500,000
persons, | ||
notwithstanding the proximity of such hotel, restaurant,
| ||
banquet facility, or grocery store to any church or school, if | ||
the licensed
premises
described on the license are located | ||
within an enclosed mall or building of a
height of at least 6 |
stories, or 60 feet in the case of a building that has
been | ||
registered as a national landmark, or in a grocery store | ||
having a
minimum of 56,010 square feet of floor space in a | ||
single story building in an
open mall of at least 3.96 acres | ||
that is adjacent to a public school that
opened as a boys | ||
technical high school in 1934, or in a grocery store having a | ||
minimum of 31,000 square feet of floor space in a single story | ||
building located a distance of more than 90 feet but less than | ||
100 feet from a high school that opened in 1928 as a junior | ||
high school and became a senior high school in 1933, and in | ||
each of these
cases if the sale of
alcoholic liquors is not the | ||
principal business carried on by the licensee.
| ||
For purposes of this Section, a "banquet facility" is any | ||
part of a
building that caters to private parties and where the | ||
sale of alcoholic liquors
is not the principal business.
| ||
(e) Nothing in this Section shall prohibit the issuance of | ||
a license to
a
church or private school to sell at retail | ||
alcoholic liquor if any such
sales are limited to periods when | ||
groups are assembled on the premises
solely for the promotion | ||
of some common object other than the sale or
consumption of | ||
alcoholic liquors.
| ||
(f) Nothing in this Section shall prohibit a church or | ||
church affiliated
school
located in a home rule municipality | ||
or in a municipality with 75,000 or more
inhabitants from | ||
locating
within 100 feet of a property for which there is a | ||
preexisting license to sell
alcoholic liquor at retail. In |
these instances, the local zoning authority
may, by ordinance | ||
adopted simultaneously with the granting of an initial
special | ||
use zoning permit for the church or church affiliated school, | ||
provide
that the 100-foot restriction in this Section shall | ||
not apply to that church or
church affiliated school and | ||
future retail liquor licenses.
| ||
(g) Nothing in this Section shall prohibit the issuance of | ||
a retail
license authorizing the sale of alcoholic liquor at | ||
premises within 100 feet,
but not less than 90 feet, of a | ||
public school if (1) the premises have been
continuously | ||
licensed to sell alcoholic liquor
for a period of at least 50 | ||
years,
(2) the premises are located in a municipality having a | ||
population of over
500,000 inhabitants, (3) the licensee is an | ||
individual who is a member of a
family that has held the | ||
previous 3 licenses for that location for more than 25
years, | ||
(4) the
principal of the school and the alderperson alderman | ||
of the ward in which the school is
located have delivered a | ||
written statement to the local liquor control
commissioner | ||
stating that they do not object to the issuance of a license
| ||
under this subsection (g), and (5) the local liquor control | ||
commissioner has
received the written consent of a majority of | ||
the registered voters who live
within 200 feet of the | ||
premises.
| ||
(h) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic |
liquor within premises and at an outdoor patio area attached | ||
to premises that are located in a municipality with a | ||
population in excess of 300,000 inhabitants and that are | ||
within 100 feet of a church if:
| ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food,
| ||
(2) the sale of liquor is not the principal business | ||
carried on by the licensee at the premises, | ||
(3) the premises are less than 1,000 square feet, | ||
(4) the premises are owned by the University of | ||
Illinois, | ||
(5) the premises are immediately adjacent to property | ||
owned by a church and are not less than 20 nor more than 40 | ||
feet from the church space used for worship services, and | ||
(6) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing.
| ||
(i) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 300,000 inhabitants and is within 100 feet of a | ||
church, synagogue, or other place of worship if: | ||
(1) the primary entrance of the premises and the | ||
primary entrance of the church, synagogue, or other place | ||
of worship are at least 100 feet apart, on parallel |
streets, and separated by an alley; and | ||
(2) the principal religious leader at the place of | ||
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing. | ||
(j) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
of a retail
license authorizing the sale of alcoholic liquor | ||
at a theater that is within 100 feet of a church if (1) the | ||
church owns the theater, (2) the church leases the theater to | ||
one or more entities, and
(3) the theater is used by at least 5 | ||
different not-for-profit theater groups. | ||
(k) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and is | ||
within 100 feet of a school if:
| ||
(1) the primary entrance of the premises and the | ||
primary entrance of the school are parallel, on different | ||
streets, and separated by an alley; | ||
(2) the southeast corner of the premises are at least | ||
350 feet from the southwest corner of the school; | ||
(3) the school was built in 1978; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; | ||
(6) the applicant is the owner of the restaurant and | ||
has held a valid license authorizing the sale of alcoholic | ||
liquor for the business to be conducted on the premises at | ||
a different location for more than 7 years; and | ||
(7) the premises is at least 2,300 square feet and | ||
sits on a lot that is between 6,100 and 6,150 square feet. | ||
(l) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and is | ||
within 100 feet of a church or school if: | ||
(1) the primary entrance of the premises and the | ||
closest entrance of the church or school is at least 90 | ||
feet apart and no greater than 95 feet apart; | ||
(2) the shortest distance between the premises and the | ||
church or school is at least 80 feet apart and no greater | ||
than 85 feet apart; | ||
(3) the applicant is the owner of the restaurant and | ||
on November 15, 2006 held a valid license authorizing the | ||
sale of alcoholic liquor for the business to be conducted | ||
on the premises for at least 14 different locations; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal |
business carried on by the licensee at the premises; | ||
(6) the premises is at least 3,200 square feet and | ||
sits on a lot that is between 7,150 and 7,200 square feet; | ||
and | ||
(7) the principal religious leader at the place of | ||
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing.
| ||
(m) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and is | ||
within 100 feet of a church if: | ||
(1) the premises and the church are perpendicular, and | ||
the primary entrance of the premises faces South while the | ||
primary entrance of the church faces West and the distance | ||
between the two entrances is more than 100 feet; | ||
(2) the shortest distance between the premises lot | ||
line and the exterior wall of the church is at least 80 | ||
feet; | ||
(3) the church was established at the current location | ||
in 1916 and the present structure was erected in 1925; | ||
(4) the premises is a single story, single use | ||
building with at least 1,750 square feet and no more than | ||
2,000 square feet; | ||
(5) the sale of alcoholic liquor at the premises is |
incidental to the sale of food; | ||
(6) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; and | ||
(7) the principal religious leader at the place of | ||
worship has not indicated his or her opposition to the | ||
issuance or renewal of the license in writing. | ||
(n) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and is | ||
within 100 feet of a school if: | ||
(1) the school is a City of Chicago School District | ||
299 school; | ||
(2) the school is located within subarea E of City of | ||
Chicago Residential Business Planned Development Number | ||
70; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(4) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; and | ||
(5) the administration of City of Chicago School | ||
District 299 has expressed, in writing, its support for | ||
the issuance of the license. | ||
(o) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a retail license authorizing the sale of | ||
alcoholic liquor at a premises that is located within a | ||
municipality in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the premises is located on a street that runs | ||
perpendicular to the street on which the church is | ||
located; | ||
(4) the primary entrance of the premises is at least | ||
100 feet from the primary entrance of the church; | ||
(5) the shortest distance between any part of the | ||
premises and any part of the church is at least 60 feet; | ||
(6) the premises is between 3,600 and 4,000 square | ||
feet and sits on a lot that is between 3,600 and 4,000 | ||
square feet; and | ||
(7) the premises was built in the year 1909. | ||
For purposes of this subsection (o), "premises" means a | ||
place of business together with a privately owned outdoor | ||
location that is adjacent to the place of business. | ||
(p) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality |
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a church if: | ||
(1) the shortest distance between the backdoor of the | ||
premises, which is used as an emergency exit, and the | ||
church is at least 80 feet; | ||
(2) the church was established at the current location | ||
in 1889; and | ||
(3) liquor has been sold on the premises since at | ||
least 1985. | ||
(q) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a premises that is located in a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a church-owned property if: | ||
(1) the premises is located within a larger building | ||
operated as a grocery store; | ||
(2) the area of the premises does not exceed 720 | ||
square feet and the area of the larger building exceeds | ||
18,000 square feet; | ||
(3) the larger building containing the premises is | ||
within 100 feet of the nearest property line of a | ||
church-owned property on which a church-affiliated school | ||
is located; | ||
(4) the sale of liquor is not the principal business | ||
carried on within the larger building; |
(5) the primary entrance of the larger building and | ||
the premises and the primary entrance of the | ||
church-affiliated school are on different, parallel | ||
streets, and the distance between the 2 primary entrances | ||
is more than 100 feet; | ||
(6) the larger building is separated from the | ||
church-owned property and church-affiliated school by an | ||
alley; | ||
(7) the larger building containing the premises and | ||
the church building front are on perpendicular streets and | ||
are separated by a street; and | ||
(8) (Blank). | ||
(r) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance, | ||
renewal, or maintenance of a license authorizing the sale of | ||
alcoholic liquor incidental to the sale of food within a | ||
restaurant established in a premises that is located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the primary entrance of the church and the primary | ||
entrance of the restaurant are at least 100 feet apart; | ||
(2) the restaurant has operated on the ground floor | ||
and lower level of a multi-story, multi-use building for | ||
more than 40 years; | ||
(3) the primary business of the restaurant consists of | ||
the sale of food where the sale of liquor is incidental to |
the sale of food; | ||
(4) the sale of alcoholic liquor is conducted | ||
primarily in the below-grade level of the restaurant to | ||
which the only public access is by a staircase located | ||
inside the restaurant; and | ||
(5) the restaurant has held a license authorizing the | ||
sale of alcoholic liquor on the premises for more than 40 | ||
years. | ||
(s) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit renewal of a | ||
license authorizing the sale of alcoholic liquor at a premises | ||
that is located within a municipality with a population more | ||
than 5,000 and less than 10,000 and is within 100 feet of a | ||
church if: | ||
(1) the church was established at the location within | ||
100 feet of the premises after a license for the sale of | ||
alcoholic liquor at the premises was first issued; | ||
(2) a license for sale of alcoholic liquor at the | ||
premises was first issued before January 1, 2007; and | ||
(3) a license for the sale of alcoholic liquor on the | ||
premises has been continuously in effect since January 1, | ||
2007, except for interruptions between licenses of no more | ||
than 90 days. | ||
(t) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a
license authorizing the sale of alcoholic |
liquor
incidental to the sale of food within a restaurant that | ||
is established in a premises that is located in a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a school and a church if: | ||
(1) the restaurant is located inside a five-story | ||
building with over 16,800 square feet of commercial space; | ||
(2) the area of the premises does not exceed 31,050 | ||
square feet; | ||
(3) the area of the restaurant does not exceed 5,800 | ||
square feet; | ||
(4) the building has no less than 78 condominium | ||
units; | ||
(5) the construction of the building in which the | ||
restaurant is located was completed in 2006; | ||
(6) the building has 10 storefront properties, 3 of | ||
which are used for the restaurant; | ||
(7) the restaurant will open for business in 2010; | ||
(8) the building is north of the school and separated | ||
by an alley; and | ||
(9) the principal religious leader of the church and | ||
either the alderperson alderman of the ward in which the | ||
school is located or the principal of the school have | ||
delivered a written statement to the local liquor control | ||
commissioner stating that he or she does not object to the | ||
issuance of a license under this subsection (t). | ||
(u) Notwithstanding any provision in this Section to the |
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a | ||
school if: | ||
(1) the premises operates as a restaurant and has been | ||
in operation since February 2008; | ||
(2) the applicant is the owner of the premises; | ||
(3) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(4) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(5) the premises occupy the first floor of a 3-story | ||
building that is at least 90 years old; | ||
(6) the rear lot of the school and the rear corner of | ||
the building that the premises occupy are separated by an | ||
alley; | ||
(7) the distance from the southwest corner of the | ||
property line of the school and the northeast corner of | ||
the building that the premises occupy is at least 16 feet, | ||
5 inches; | ||
(8) the distance from the rear door of the premises to | ||
the southwest corner of the property line of the school is | ||
at least 93 feet; | ||
(9) the school is a City of Chicago School District | ||
299 school; |
(10) the school's main structure was erected in 1902 | ||
and an addition was built to the main structure in 1959; | ||
and | ||
(11) the principal of the school and the alderperson | ||
alderman in whose district the premises are located have | ||
expressed, in writing, their support for the issuance of | ||
the license. | ||
(v) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and is | ||
within 100 feet of a school if: | ||
(1) the total land area of the premises for which the | ||
license or renewal is sought is more than 600,000 square | ||
feet; | ||
(2) the premises for which the license or renewal is | ||
sought has more than 600 parking stalls; | ||
(3) the total area of all buildings on the premises | ||
for which the license or renewal is sought exceeds 140,000 | ||
square feet; | ||
(4) the property line of the premises for which the | ||
license or renewal is sought is separated from the | ||
property line of the school by a street; | ||
(5) the distance from the school's property line to | ||
the property line of the premises for which the license or |
renewal is sought is at least 60 feet; | ||
(6) as of June 14, 2011 (the effective date of Public | ||
Act 97-9), the premises for which the license or renewal | ||
is sought is located in the Illinois Medical District. | ||
(w) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license to sell alcoholic liquor at a premises | ||
that is located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a | ||
church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal
| ||
business carried on by the licensee at the premises; | ||
(3) the premises occupy the first floor and basement | ||
of a 2-story building that is 106 years old; | ||
(4) the premises is at least 7,000 square feet and | ||
located on a lot that is at least 11,000 square feet; | ||
(5) the premises is located directly west of the | ||
church, on perpendicular streets, and separated by an | ||
alley; | ||
(6) the distance between the
property line of the | ||
premises and the property line of the church is at least 20 | ||
feet; | ||
(7) the distance between the primary entrance of the | ||
premises and the primary entrance of the church is at |
least 130 feet; and | ||
(8) the church has been at its location for at least 40 | ||
years. | ||
(x) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the church has been operating in its current | ||
location since 1973; | ||
(3) the premises has been operating in its current | ||
location since 1988; | ||
(4) the church and the premises are owned by the same | ||
parish; | ||
(5) the premises is used for cultural and educational | ||
purposes; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the church are located on the same | ||
street; | ||
(7) the principal religious leader of the church has | ||
indicated his support of the issuance of the license; | ||
(8) the premises is a 2-story building of | ||
approximately 23,000 square feet; and |
(9) the premises houses a ballroom on its ground floor | ||
of approximately 5,000 square feet. | ||
(y) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(3) according to the municipality, the distance | ||
between the east property line of the premises and the | ||
west property line of the school is 97.8 feet; | ||
(4) the school is a City of Chicago School District | ||
299 school; | ||
(5) the school has been operating since 1959; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the school are located on the same | ||
street; | ||
(7) the street on which the entrances of the premises | ||
and the school are located is a major diagonal | ||
thoroughfare; | ||
(8) the premises is a single-story building of | ||
approximately 2,900 square feet; and |
(9) the premises is used for commercial purposes only. | ||
(z) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a mosque if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain having | ||
over 100 locations within the municipality; | ||
(4) the licensee has over 8,000 locations nationwide; | ||
(5) the licensee has locations in all 50 states; | ||
(6) the premises is located in the North-East quadrant | ||
of the municipality; | ||
(7) the premises is a free-standing building that has | ||
"drive-through" pharmacy service; | ||
(8) the premises has approximately 14,490 square feet | ||
of retail space; | ||
(9) the premises has approximately 799 square feet of | ||
pharmacy space; | ||
(10) the premises is located on a major arterial | ||
street that runs east-west and accepts truck traffic; and | ||
(11) the alderperson alderman of the ward in which the |
premises is located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(aa) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain having | ||
over 100 locations within the municipality; | ||
(4) the licensee has over 8,000 locations nationwide; | ||
(5) the licensee has locations in all 50 states; | ||
(6) the premises is located in the North-East quadrant | ||
of the municipality; | ||
(7) the premises is located across the street from a | ||
national grocery chain outlet; | ||
(8) the premises has approximately 16,148 square feet | ||
of retail space; | ||
(9) the premises has approximately 992 square feet of | ||
pharmacy space; | ||
(10) the premises is located on a major arterial | ||
street that runs north-south and accepts truck traffic; |
and | ||
(11) the alderperson alderman of the ward in which the | ||
premises is located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(bb) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(3) the primary entrance to the premises and the | ||
primary entrance to the church are located on the same | ||
street; | ||
(4) the premises is across the street from the church; | ||
(5) the street on which the premises and the church | ||
are located is a major arterial street that runs | ||
east-west; | ||
(6) the church is an elder-led and Bible-based | ||
Assyrian church; | ||
(7) the premises and the church are both single-story | ||
buildings; | ||
(8) the storefront directly west of the church is |
being used as a restaurant; and | ||
(9) the distance between the northern-most property | ||
line of the premises and the southern-most property line | ||
of the church is 65 feet. | ||
(cc) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors at | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of October 25, 2011, the licensee has 1,767 | ||
stores operating nationwide, 87 stores operating in the | ||
State, and 10 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 124,000 | ||
square feet of space in the basement and first and second | ||
floors of a building located across the street from a | ||
school; | ||
(6) the school opened in August of 2009 and occupies | ||
approximately 67,000 square feet of space; and | ||
(7) the building in which the premises shall be | ||
located has been listed on the National Register of |
Historic Places since April 17, 1970. | ||
(dd) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at a premises that | ||
is located within a municipality with a population in excess | ||
of 1,000,000 inhabitants and is within 100 feet of a school if: | ||
(1) the premises is constructed on land that was | ||
purchased from the municipality at a fair market price; | ||
(2) the premises is constructed on land that was | ||
previously used as a parking facility for public safety | ||
employees; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(4) the main entrance to the store is more than 100 | ||
feet from the main entrance to the school; | ||
(5) the premises is to be new construction; | ||
(6) the school is a private school; | ||
(7) the principal of the school has given written | ||
approval for the license; | ||
(8) the alderperson alderman of the ward where the | ||
premises is located has given written approval of the | ||
issuance of the license; | ||
(9) the grocery store level of the premises is between | ||
60,000 and 70,000 square feet; and | ||
(10) the owner and operator of the grocery store |
operates 2 other grocery stores that have alcoholic liquor | ||
licenses within the same municipality. | ||
(ee) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at a premises that | ||
is located within a municipality with a population in excess | ||
of 1,000,000 inhabitants and is within 100 feet of a school if: | ||
(1) the premises is constructed on land that once | ||
contained an industrial steel facility; | ||
(2) the premises is located on land that has undergone | ||
environmental remediation; | ||
(3) the premises is located within a retail complex | ||
containing retail stores where some of the stores sell | ||
alcoholic beverages; | ||
(4) the principal activity of any restaurant in the | ||
retail complex is the sale of food, and the sale of | ||
alcoholic liquor is incidental to the sale of food; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the grocery store; | ||
(6) the entrance to any business that sells alcoholic | ||
liquor is more than 100 feet from the entrance to the | ||
school; | ||
(7) the alderperson alderman of the ward where the | ||
premises is located has given written approval of the | ||
issuance of the license; and |
(8) the principal of the school has given written | ||
consent to the issuance of the license. | ||
(ff) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a theater; | ||
(3) the premises is a one and one-half-story building | ||
of approximately 10,000 square feet; | ||
(4) the school is a City of Chicago School District | ||
299 school; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the school are at least 300 feet apart | ||
and no more than 400 feet apart; | ||
(6) the alderperson alderman of the ward in which the | ||
premises is located has expressed, in writing, his support | ||
for the issuance of the license; and | ||
(7) the principal of the school has expressed, in | ||
writing, that there is no objection to the issuance of a | ||
license under this subsection (ff). | ||
(gg) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor incidental to the sale of food within a restaurant or | ||
banquet facility established in a premises that is located in | ||
a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the property on which the church is located and | ||
the property on which the premises are located are both | ||
within a district originally listed on the National | ||
Register of Historic Places on February 14, 1979; | ||
(3) the property on which the premises are located | ||
contains one or more multi-story buildings that are at | ||
least 95 years old and have no more than three stories; | ||
(4) the building in which the church is located is at | ||
least 120 years old; | ||
(5) the property on which the church is located is | ||
immediately adjacent to and west of the property on which | ||
the premises are located; | ||
(6) the western boundary of the property on which the | ||
premises are located is no less than 118 feet in length and | ||
no more than 122 feet in length; | ||
(7) as of December 31, 2012, both the church property | ||
and the property on which the premises are located are | ||
within 250 feet of City of Chicago Business-Residential |
Planned Development Number 38; | ||
(8) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing; and | ||
(9) the alderperson alderman in whose district the | ||
premises are located has expressed his or her support for | ||
the issuance of the license in writing. | ||
For the purposes of this subsection, "banquet facility" | ||
means the part of the building that is located on the floor | ||
above a restaurant and caters to private parties and where the | ||
sale of alcoholic liquors is not the principal business. | ||
(hh) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a hotel and at an outdoor patio area attached to | ||
the hotel that are located in a municipality with a population | ||
in excess of 1,000,000 inhabitants and that are within 100 | ||
feet of a hospital if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the hotel; | ||
(2) the hotel is located within the City of Chicago | ||
Business Planned Development Number 468; and | ||
(3) the hospital is located within the City of Chicago | ||
Institutional Planned Development Number 3. | ||
(ii) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a restaurant and at an outdoor patio area | ||
attached to the restaurant that are located in a municipality | ||
with a population in excess of 1,000,000 inhabitants and that | ||
are within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
not the principal business carried on by the licensee and | ||
is incidental to the sale of food; | ||
(2) the restaurant has been operated on the street | ||
level of a 2-story building located on a corner lot since | ||
2008; | ||
(3) the restaurant is between 3,700 and 4,000 square | ||
feet and sits on a lot that is no more than 6,200 square | ||
feet; | ||
(4) the primary entrance to the restaurant and the | ||
primary entrance to the church are located on the same | ||
street; | ||
(5) the street on which the restaurant and the church | ||
are located is a major east-west street; | ||
(6) the restaurant and the church are separated by a | ||
one-way northbound street; | ||
(7) the church is located to the west of and no more | ||
than 65 feet from the restaurant; and | ||
(8) the principal religious leader at the place of | ||
worship has indicated his or her consent to the issuance | ||
of the license in writing. |
(jj) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(3) the premises are located east of the church, on | ||
perpendicular streets, and separated by an alley; | ||
(4) the distance between the primary entrance of the | ||
premises and the primary entrance of the church is at | ||
least 175 feet; | ||
(5) the distance between the property line of the | ||
premises and the property line of the church is at least 40 | ||
feet; | ||
(6) the licensee has been operating at the premises | ||
since 2012; | ||
(7) the church was constructed in 1904; | ||
(8) the alderperson alderman of the ward in which the | ||
premises is located has expressed, in writing, his or her | ||
support for the issuance of the license; and | ||
(9) the principal religious leader of the church has | ||
delivered a written statement that he or she does not |
object to the issuance of a license under this subsection | ||
(jj). | ||
(kk) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors on | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of February 27, 2013, the licensee had 1,778 | ||
stores operating nationwide, 89 operating in this State, | ||
and 11 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 169,048 | ||
square feet of space within a building that is located | ||
across the street from a tuition-based preschool; and | ||
(6) the alderperson alderman of the ward in which the | ||
premises is located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(ll) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality |
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the licensee shall only sell packaged liquors on | ||
the premises; | ||
(3) the licensee is a national retail chain; | ||
(4) as of February 27, 2013, the licensee had 1,778 | ||
stores operating nationwide, 89 operating in this State, | ||
and 11 stores operating within the municipality; | ||
(5) the licensee shall occupy approximately 191,535 | ||
square feet of space within a building that is located | ||
across the street from an elementary school; and | ||
(6) the alderperson alderman of the ward in which the | ||
premises is located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(mm) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within premises and at an outdoor patio or sidewalk | ||
cafe, or both, attached to premises that are located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and that are within 100 feet of a hospital if: | ||
(1) the primary business of the restaurant consists of | ||
the sale of food where the sale of liquor is incidental to | ||
the sale of food; |
(2) as a restaurant, the premises may or may not offer | ||
catering as an incidental part of food service; | ||
(3) the primary business of the restaurant is | ||
conducted in space owned by a hospital or an entity owned | ||
or controlled by, under common control with, or that | ||
controls a hospital, and the chief hospital administrator | ||
has expressed his or her support for the issuance of the | ||
license in writing; and | ||
(4) the hospital is an adult acute care facility | ||
primarily located within the City of Chicago Institutional | ||
Planned Development Number 3. | ||
(nn) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried out on the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a theater; | ||
(3) the premises are a building that was constructed | ||
in 1913 and opened on May 24, 1915 as a vaudeville theater, | ||
and the premises were converted to a motion picture | ||
theater in 1935; | ||
(4) the church was constructed in 1889 with a stone |
exterior; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the church are at least 100 feet | ||
apart; | ||
(6) the principal religious leader at the place of | ||
worship has indicated his or her consent to the issuance | ||
of the license in writing; and | ||
(7) the alderperson alderman in whose ward the | ||
premises are located has expressed his or her support for | ||
the issuance of the license in writing. | ||
(oo) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a premises that is located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a mosque, church, or other place of worship | ||
if: | ||
(1) the primary entrance of the premises and the | ||
primary entrance of the mosque, church, or other place of | ||
worship are perpendicular and are on different streets; | ||
(2) the primary entrance to the premises faces West | ||
and the primary entrance to the mosque, church, or other | ||
place of worship faces South; | ||
(3) the distance between the 2 primary entrances is at | ||
least 100 feet; | ||
(4) the mosque, church, or other place of worship was |
established in a location within 100 feet of the premises | ||
after a license for the sale of alcohol at the premises was | ||
first issued; | ||
(5) the mosque, church, or other place of worship was | ||
established on or around January 1, 2011; | ||
(6) a license for the sale of alcohol at the premises | ||
was first issued on or before January 1, 1985; | ||
(7) a license for the sale of alcohol at the premises | ||
has been continuously in effect since January 1, 1985, | ||
except for interruptions between licenses of no more than | ||
90 days; and | ||
(8) the premises are a single-story, single-use | ||
building of at least 3,000 square feet and no more than | ||
3,380 square feet. | ||
(pp) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor incidental to the sale of food within a restaurant or | ||
banquet facility established on premises that are located in a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of at least one church if: | ||
(1) the sale of liquor shall not be the principal | ||
business carried on by the licensee at the premises; | ||
(2) the premises are at least 2,000 square feet and no | ||
more than 10,000 square feet and is located in a | ||
single-story building; |
(3) the property on which the premises are located is | ||
within an area that, as of 2009, was designated as a | ||
Renewal Community by the United States Department of | ||
Housing and Urban Development; | ||
(4) the property on which the premises are located and | ||
the properties on which the churches are located are on | ||
the same street; | ||
(5) the property on which the premises are located is | ||
immediately adjacent to and east of the property on which | ||
at least one of the churches is located; | ||
(6) the property on which the premises are located is | ||
across the street and southwest of the property on which | ||
another church is located; | ||
(7) the principal religious leaders of the churches | ||
have indicated their support for the issuance of the | ||
license in writing; and | ||
(8) the alderperson alderman in whose ward the | ||
premises are located has expressed his or her support for | ||
the issuance of the license in writing. | ||
For purposes of this subsection (pp), "banquet facility" | ||
means the part of the building that caters to private parties | ||
and where the sale of alcoholic liquors is not the principal | ||
business. | ||
(qq) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic |
liquor on premises that are located within a municipality with | ||
a population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church or school if: | ||
(1) the primary entrance of the premises and the | ||
closest entrance of the church or school are at least 200 | ||
feet apart and no greater than 300 feet apart; | ||
(2) the shortest distance between the premises and the | ||
church or school is at least 66 feet apart and no greater | ||
than 81 feet apart; | ||
(3) the premises are a single-story, steel-framed | ||
commercial building with at least 18,042 square feet, and | ||
was constructed in 1925 and 1997; | ||
(4) the owner of the business operated within the | ||
premises has been the general manager of a similar | ||
supermarket within one mile from the premises, which has | ||
had a valid license authorizing the sale of alcoholic | ||
liquor since 2002, and is in good standing with the City of | ||
Chicago; | ||
(5) the principal religious leader at the place of | ||
worship has indicated his or her support to the issuance | ||
or renewal of the license in writing; | ||
(6) the alderperson alderman of the ward has indicated | ||
his or her support to the issuance or renewal of the | ||
license in writing; and | ||
(7) the principal of the school has indicated his or | ||
her support to the issuance or renewal of the license in |
writing. | ||
(rr) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a club that leases space to a school if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried out on the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a grocery store; | ||
(3) the premises are a building of approximately 1,750 | ||
square feet and is rented by the owners of the grocery | ||
store from a family member; | ||
(4) the property line of the premises is approximately | ||
68 feet from the property line of the club; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of the club where the school leases space | ||
are at least 100 feet apart; | ||
(6) the director of the club renting space to the | ||
school has indicated his or her consent to the issuance of | ||
the license in writing; and | ||
(7) the alderperson alderman in whose district the | ||
premises are located has expressed his or her support for | ||
the issuance of the license in writing. | ||
(ss) Notwithstanding any provision of this Section to the |
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are located within a 15 unit building | ||
with 13 residential apartments and 2 commercial spaces, | ||
and the licensee will occupy both commercial spaces; | ||
(2) a restaurant has been operated on the premises | ||
since June 2011; | ||
(3) the restaurant currently occupies 1,075 square | ||
feet, but will be expanding to include 975 additional | ||
square feet; | ||
(4) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(5) the premises are located south of the church and | ||
on the same street and are separated by a one-way | ||
westbound street; | ||
(6) the primary entrance of the premises is at least | ||
93 feet from the primary entrance of the church; | ||
(7) the shortest distance between any part of the | ||
premises and any part of the church is at least 72 feet; | ||
(8) the building in which the restaurant is located | ||
was built in 1910; | ||
(9) the alderperson alderman of the ward in which the | ||
premises are located has expressed, in writing, his or her |
support for the issuance of the license; and | ||
(10) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(ss). | ||
(tt) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(3) the sale of alcoholic liquor at the premises was | ||
previously authorized by a package goods liquor license; | ||
(4) the premises are at least 40,000 square feet with | ||
25 parking spaces in the contiguous surface lot to the | ||
north of the store and 93 parking spaces on the roof; | ||
(5) the shortest distance between the lot line of the | ||
parking lot of the premises and the exterior wall of the | ||
church is at least 80 feet; | ||
(6) the distance between the building in which the | ||
church is located and the building in which the premises | ||
are located is at least 180 feet; |
(7) the main entrance to the church faces west and is | ||
at least 257 feet from the main entrance of the premises; | ||
and | ||
(8) the applicant is the owner of 10 similar grocery | ||
stores within the City of Chicago and the surrounding area | ||
and has been in business for more than 30 years. | ||
(uu) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
operation of a grocery store; | ||
(3) the premises are located in a building that is | ||
approximately 68,000 square feet with 157 parking spaces | ||
on property that was previously vacant land; | ||
(4) the main entrance to the church faces west and is | ||
at least 500 feet from the entrance of the premises, which | ||
faces north; | ||
(5) the church and the premises are separated by an | ||
alley; | ||
(6) the applicant is the owner of 9 similar grocery | ||
stores in the City of Chicago and the surrounding area and |
has been in business for more than 40 years; and | ||
(7) the alderperson alderman of the ward in which the | ||
premises are located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(vv) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor is primary to the | ||
sale of food; | ||
(3) the premises are located south of the church and | ||
on perpendicular streets and are separated by a driveway; | ||
(4) the primary entrance of the premises is at least | ||
100 feet from the primary entrance of the church; | ||
(5) the shortest distance between any part of the | ||
premises and any part of the church is at least 15 feet; | ||
(6) the premises are less than 100 feet from the | ||
church center, but greater than 100 feet from the area | ||
within the building where church services are held; | ||
(7) the premises are 25,830 square feet and sit on a | ||
lot that is 0.48 acres; | ||
(8) the premises were once designated as a Korean |
American Presbyterian Church and were once used as a | ||
Masonic Temple; | ||
(9) the premises were built in 1910; | ||
(10) the alderperson alderman of the ward in which the | ||
premises are located has expressed, in writing, his or her | ||
support for the issuance of the license; and | ||
(11) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(vv). | ||
For the purposes of this subsection (vv), "premises" means | ||
a place of business together with a privately owned outdoor | ||
location that is adjacent to the place of business.
| ||
(ww) Notwithstanding any provision of this Section to the
| ||
contrary, nothing in this Section shall prohibit the issuance
| ||
or renewal of a license authorizing the sale of alcoholic
| ||
liquor at premises located within a municipality with a
| ||
population in excess of 1,000,000 inhabitants and within 100
| ||
feet of a school if: | ||
(1) the school is located within Sub Area III of City | ||
of Chicago Residential-Business Planned Development Number | ||
523, as amended; and | ||
(2) the premises are located within Sub Area I, Sub | ||
Area II, or Sub Area IV of City of Chicago | ||
Residential-Business Planned Development Number 523, as | ||
amended. |
(xx) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of wine or wine-related products is the | ||
exclusive business carried on by the licensee at the | ||
premises; | ||
(2) the primary entrance of the premises and the | ||
primary entrance of the church are at least 100 feet apart | ||
and are located on different streets; | ||
(3) the building in which the premises are located and | ||
the building in which the church is located are separated | ||
by an alley; | ||
(4) the premises consists of less than 2,000 square | ||
feet of floor area dedicated to the sale of wine or | ||
wine-related products; | ||
(5) the premises are located on the first floor of a | ||
2-story building that is at least 99 years old and has a | ||
residential unit on the second floor; and | ||
(6) the principal religious leader at the church has | ||
indicated his or her support for the issuance or renewal | ||
of the license in writing. | ||
(yy) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are a 27-story hotel containing 191 | ||
guest rooms; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises and is | ||
limited to a restaurant located on the first floor of the | ||
hotel; | ||
(3) the hotel is adjacent to the church; | ||
(4) the site is zoned as DX-16; | ||
(5) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(yy); and | ||
(6) the alderperson alderman of the ward in which the | ||
premises are located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(zz) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are a 15-story hotel containing 143 |
guest rooms; | ||
(2) the premises are approximately 85,691 square feet; | ||
(3) a restaurant is operated on the premises; | ||
(4) the restaurant is located in the first floor lobby | ||
of the hotel; | ||
(5) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(6) the hotel is located approximately 50 feet from | ||
the church and is separated from the church by a public | ||
street on the ground level and by air space on the upper | ||
level, which is where the public entrances are located; | ||
(7) the site is zoned as DX-16; | ||
(8) the principal religious leader of the church has | ||
delivered a written statement that he or she does not | ||
object to the issuance of a license under this subsection | ||
(zz); and | ||
(9) the alderperson alderman of the ward in which the | ||
premises are located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(aaa) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at premises located | ||
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a school if: | ||
(1) the sale of alcoholic liquor is not the primary |
business activity of the grocery store; | ||
(2) the premises are newly constructed on land that | ||
was formerly used by the Young Men's Christian | ||
Association; | ||
(3) the grocery store is located within a planned | ||
development that was approved by the municipality in 2007; | ||
(4) the premises are located in a multi-building, | ||
mixed-use complex; | ||
(5) the entrance to the grocery store is located more | ||
than 200 feet from the entrance to the school; | ||
(6) the entrance to the grocery store is located | ||
across the street from the back of the school building, | ||
which is not used for student or public access; | ||
(7) the grocery store executed a binding lease for the | ||
property in 2008; | ||
(8) the premises consist of 2 levels and occupy more | ||
than 80,000 square feet; | ||
(9) the owner and operator of the grocery store | ||
operates at least 10 other grocery stores that have | ||
alcoholic liquor licenses within the same municipality; | ||
and | ||
(10) the director of the school has expressed, in | ||
writing, his or her support for the issuance of the | ||
license. | ||
(bbb) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance |
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the premises are located in a single-story | ||
building of primarily brick construction containing at | ||
least 6 commercial units constructed before 1940; | ||
(3) the premises are located in a B3-2 zoning | ||
district; | ||
(4) the premises are less than 4,000 square feet; | ||
(5) the church established its congregation in 1891 | ||
and completed construction of the church building in 1990; | ||
(6) the premises are located south of the church; | ||
(7) the premises and church are located on the same | ||
street and are separated by a one-way westbound street; | ||
and | ||
(8) the principal religious leader of the church has | ||
not indicated his or her opposition to the issuance or | ||
renewal of the license in writing. | ||
(ccc) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor within a full-service grocery store at premises located | ||
within a municipality with a population in excess of 1,000,000 |
inhabitants and within 100 feet of a church and school if: | ||
(1) as of March 14, 2007, the premises are located in a | ||
City of Chicago Residential-Business Planned Development | ||
No. 1052; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the sale of alcoholic liquor is incidental to the | ||
operation of a grocery store and comprises no more than | ||
10% of the total in-store sales; | ||
(4) the owner and operator of the grocery store | ||
operates at least 10 other grocery stores that have | ||
alcoholic liquor licenses within the same municipality; | ||
(5) the premises are new construction when the license | ||
is first issued; | ||
(6) the constructed premises are to be no less than | ||
50,000 square feet; | ||
(7) the school is a private church-affiliated school; | ||
(8) the premises and the property containing the | ||
church and church-affiliated school are located on | ||
perpendicular streets and the school and church are | ||
adjacent to one another; | ||
(9) the pastor of the church and school has expressed, | ||
in writing, support for the issuance of the license; and | ||
(10) the alderperson alderman of the ward in which the | ||
premises are located has expressed, in writing, his or her | ||
support for the issuance of the license. |
(ddd) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church or school if: | ||
(1) the business has been issued a license from the | ||
municipality to allow the business to operate a theater on | ||
the premises; | ||
(2) the theater has less than 200 seats; | ||
(3) the premises are approximately 2,700 to 3,100 | ||
square feet of space; | ||
(4) the premises are located to the north of the | ||
church; | ||
(5) the primary entrance of the premises and the | ||
primary entrance of any church within 100 feet of the | ||
premises are located either on a different street or | ||
across a right-of-way from the premises; | ||
(6) the primary entrance of the premises and the | ||
primary entrance of any school within 100 feet of the | ||
premises are located either on a different street or | ||
across a right-of-way from the premises; | ||
(7) the premises are located in a building that is at | ||
least 100 years old; and | ||
(8) any church or school located within 100 feet of | ||
the premises has indicated its support for the issuance or |
renewal of the license to the premises in writing. | ||
(eee) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church and school if: | ||
(1) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the applicant on the premises; | ||
(3) a family-owned restaurant has operated on the | ||
premises since 1957; | ||
(4) the premises occupy the first floor of a 3-story | ||
building that is at least 90 years old; | ||
(5) the distance between the property line of the | ||
premises and the property line of the church is at least 20 | ||
feet; | ||
(6) the church was established at its current location | ||
and the present structure was erected before 1900; | ||
(7) the primary entrance of the premises is at least | ||
75 feet from the primary entrance of the church; | ||
(8) the school is affiliated with the church; | ||
(9) the principal religious leader at the place of | ||
worship has indicated his or her support for the issuance | ||
of the license in writing; |
(10) the principal of the school has indicated in | ||
writing that he or she is not opposed to the issuance of | ||
the license; and | ||
(11) the alderperson alderman of the ward in which the | ||
premises are located has expressed, in writing, his or her | ||
lack of an objection to the issuance of the license. | ||
(fff) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a grocery store; | ||
(3) the premises are a one-story building containing | ||
approximately 10,000 square feet and are rented by the | ||
owners of the grocery store; | ||
(4) the sale of alcoholic liquor at the premises | ||
occurs in a retail area of the grocery store that is | ||
approximately 3,500 square feet; | ||
(5) the grocery store has operated at the location | ||
since 1984; | ||
(6) the grocery store is closed on Sundays; | ||
(7) the property on which the premises are located is |
a corner lot that is bound by 3 streets and an alley, where | ||
one street is a one-way street that runs north-south, one | ||
street runs east-west, and one street runs | ||
northwest-southeast; | ||
(8) the property line of the premises is approximately | ||
16 feet from the property line of the building where the | ||
church is located; | ||
(9) the premises are separated from the building | ||
containing the church by a public alley; | ||
(10) the primary entrance of the premises and the | ||
primary entrance of the church are at least 100 feet | ||
apart; | ||
(11) representatives of the church have delivered a | ||
written statement that the church does not object to the | ||
issuance of a license under this subsection (fff); and | ||
(12) the alderperson alderman of the ward in which the | ||
grocery store is located has expressed, in writing, his or | ||
her support for the issuance of the license. | ||
(ggg) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic | ||
liquor within a restaurant or lobby coffee house at premises | ||
located within a municipality with a population in excess of | ||
1,000,000 inhabitants and within 100 feet of a church and | ||
school if: | ||
(1) a residential retirement home formerly operated on |
the premises and the premises are being converted into a | ||
new apartment living complex containing studio and | ||
one-bedroom apartments with ground floor retail space; | ||
(2) the restaurant and lobby coffee house are located | ||
within a Community Shopping District within the | ||
municipality; | ||
(3) the premises are located in a single-building, | ||
mixed-use complex that, in addition to the restaurant and | ||
lobby coffee house, contains apartment residences, a | ||
fitness center for the residents of the apartment | ||
building, a lobby designed as a social center for the | ||
residents, a rooftop deck, and a patio with a dog run for | ||
the exclusive use of the residents; | ||
(4) the sale of alcoholic liquor is not the primary | ||
business activity of the apartment complex, restaurant, or | ||
lobby coffee house; | ||
(5) the entrance to the apartment residence is more | ||
than 310 feet from the entrance to the school and church; | ||
(6) the entrance to the apartment residence is located | ||
at the end of the block around the corner from the south | ||
side of the school building; | ||
(7) the school is affiliated with the church; | ||
(8) the pastor of the parish, principal of the school, | ||
and the titleholder to the church and school have given | ||
written consent to the issuance of the license; | ||
(9) the alderperson alderman of the ward in which the |
premises are located has given written consent to the | ||
issuance of the license; and | ||
(10) the neighborhood block club has given written | ||
consent to the issuance of the license. | ||
(hhh) Notwithstanding any provision of this Section to
the | ||
contrary, nothing in this Section shall prohibit the
issuance | ||
or renewal of a license to sell alcoholic liquor at
premises | ||
located within a municipality with a population
in excess of | ||
1,000,000 inhabitants and within 100 feet of a home for | ||
indigent persons or a church if: | ||
(1) a restaurant operates on the premises and has
been | ||
in operation since January of 2014; | ||
(2) the sale of alcoholic liquor is incidental to the | ||
sale of food; | ||
(3) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(4) the premises occupy the first floor of a 3-story
| ||
building that is at least 100 years old; | ||
(5) the primary entrance to the premises is more than | ||
100 feet from the primary entrance to the home for | ||
indigent persons, which opened in 1989 and is operated to | ||
address homelessness and provide shelter; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the home for indigent persons are | ||
located on different streets; | ||
(7) the executive director of the home for indigent |
persons has given written consent to the issuance of the | ||
license; | ||
(8) the entrance to the premises is located within 100 | ||
feet of a Buddhist temple; | ||
(9) the entrance to the premises is more than 100 feet | ||
from where any worship or educational programming is | ||
conducted by the Buddhist temple and is located in an area | ||
used only for other purposes; and | ||
(10) the president and the board of directors of the | ||
Buddhist temple have given written consent to the issuance | ||
of the license. | ||
(iii) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality in excess of | ||
1,000,000 inhabitants and within 100 feet of a home for the | ||
aged if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee on the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the operation of a restaurant; | ||
(3) the premises are on the ground floor of a | ||
multi-floor, university-affiliated housing facility; | ||
(4) the premises occupy 1,916 square feet of space, | ||
with the total square footage from which liquor will be | ||
sold, served, and consumed to be 900 square feet; |
(5) the premises are separated from the home for the | ||
aged by an alley; | ||
(6) the primary entrance to the premises and the | ||
primary entrance to the home for the aged are at least 500 | ||
feet apart and located on different streets; | ||
(7) representatives of the home for the aged have | ||
expressed, in writing, that the home does not object to | ||
the issuance of a license under this subsection; and | ||
(8) the alderperson alderman of the ward in which the | ||
restaurant is located has expressed, in writing, his or | ||
her support for the issuance of the license. | ||
(jjj) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a school if: | ||
(1) as of January 1, 2016, the premises were used for | ||
the sale of alcoholic liquor for consumption on the | ||
premises and were authorized to do so pursuant to a retail | ||
tavern license held by an individual as the sole | ||
proprietor of the premises; | ||
(2) the primary entrance to the school and the primary | ||
entrance to the premises are on the same street; | ||
(3) the school was founded in 1949; | ||
(4) the building in which the premises are situated |
was constructed before 1930; | ||
(5) the building in which the premises are situated is | ||
immediately across the street from the school; and | ||
(6) the school has not indicated its opposition to the | ||
issuance or renewal of the license in writing. | ||
(kkk) (Blank). | ||
(lll) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a synagogue or school if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the premises are located on the same street on | ||
which the synagogue or school is located; | ||
(4) the primary entrance to the premises and the | ||
closest entrance to the synagogue or school is at least | ||
100 feet apart; | ||
(5) the shortest distance between the premises and the | ||
synagogue or school is at least 65 feet apart and no | ||
greater than 70 feet apart; | ||
(6) the premises are between 1,800 and 2,000 square | ||
feet; |
(7) the synagogue was founded in 1861; and | ||
(8) the leader of the synagogue has indicated, in | ||
writing, the synagogue's support for the issuance or | ||
renewal of the license. | ||
(mmm) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic | ||
liquor within a restaurant or lobby coffee house at premises | ||
located within a municipality with a population in excess of | ||
1,000,000 inhabitants and within 100 feet of a church if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food in a restaurant; | ||
(3) the restaurant has been run by the same family for | ||
at least 19 consecutive years; | ||
(4) the premises are located in a 3-story building in | ||
the most easterly part of the first floor; | ||
(5) the building in which the premises are located has | ||
residential housing on the second and third floors; | ||
(6) the primary entrance to the premises is on a | ||
north-south street around the corner and across an alley | ||
from the primary entrance to the church, which is on an | ||
east-west street; | ||
(7) the primary entrance to the church and the primary | ||
entrance to the premises are more than 160 feet apart; and |
(8) the church has expressed, in writing, its support | ||
for the issuance of a license under this subsection. | ||
(nnn) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic | ||
liquor within a restaurant or lobby coffee house at premises | ||
located within a municipality with a population in excess of | ||
1,000,000 inhabitants and within 100 feet of a school and | ||
church or synagogue if: | ||
(1) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(2) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food in a restaurant; | ||
(3) the front door of the synagogue faces east on the | ||
next north-south street east of and parallel to the | ||
north-south street on which the restaurant is located | ||
where the restaurant's front door faces west; | ||
(4) the closest exterior pedestrian entrance that | ||
leads to the school or the synagogue is across an | ||
east-west street and at least 300 feet from the primary | ||
entrance to the restaurant; | ||
(5) the nearest church-related or school-related | ||
building is a community center building; | ||
(6) the restaurant is on the ground floor of a 3-story | ||
building constructed in 1896 with a brick facade; | ||
(7) the restaurant shares the ground floor with a |
theater, and the second and third floors of the building | ||
in which the restaurant is located consists of residential | ||
housing; | ||
(8) the leader of the synagogue and school has | ||
expressed, in writing, that the synagogue does not object | ||
to the issuance of a license under this subsection; and | ||
(9) the alderperson alderman of the ward in which the | ||
premises is located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(ooo) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 2,000 but less than 5,000 inhabitants | ||
in a county with a population in excess of 3,000,000 and within | ||
100 feet of a home for the aged if: | ||
(1) as of March 1, 2016, the premises were used to sell | ||
alcohol pursuant to a retail tavern and packaged goods | ||
license issued by the municipality and held by a limited | ||
liability company as the proprietor of the premises; | ||
(2) the home for the aged was completed in 2015; | ||
(3) the home for the aged is a 5-story structure; | ||
(4) the building in which the premises are situated is | ||
directly adjacent to the home for the aged; | ||
(5) the building in which the premises are situated | ||
was constructed before 1950; |
(6) the home for the aged has not indicated its | ||
opposition to the issuance or renewal of the license; and | ||
(7) the president of the municipality has expressed in | ||
writing that he or she does not object to the issuance or | ||
renewal of the license. | ||
(ppp) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church or churches if: | ||
(1) the shortest distance between the premises and a | ||
church is at least 78 feet apart and no greater than 95 | ||
feet apart; | ||
(2) the premises are a single-story, brick commercial | ||
building and between 3,600 to 4,000 square feet and the | ||
original building was built before 1922; | ||
(3) the premises are located in a B3-2 zoning | ||
district; | ||
(4) the premises are separated from the buildings | ||
containing the churches by a street; | ||
(5) the previous owners of the business located on the | ||
premises held a liquor license for at least 10 years; | ||
(6) the new owner of the business located on the | ||
premises has managed 2 other food and liquor stores since | ||
1997; |
(7) the principal religious leaders at the places of | ||
worship have indicated their support for the issuance or | ||
renewal of the license in writing; and | ||
(8) the alderperson alderman of the ward in which the | ||
premises are located has indicated his or her support for | ||
the issuance or renewal of the license in writing. | ||
(qqq) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the premises are located on the opposite side of | ||
the same street on which the church is located; | ||
(4) the church is located on a corner lot; | ||
(5) the shortest distance between the premises and the | ||
church is at least 90 feet apart and no greater than 95 | ||
feet apart; | ||
(6) the premises are at least 3,000 but no more than | ||
5,000 square feet; | ||
(7) the church's original chapel was built in 1858; | ||
(8) the church's first congregation was organized in |
1860; and | ||
(9) the leaders of the church and the alderperson | ||
alderman of the ward in which the premises are located has | ||
expressed, in writing, their support for the issuance of | ||
the license. | ||
(rrr) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a restaurant or banquet facility established within | ||
premises located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and within 100 feet of a | ||
church or school if: | ||
(1) the sale of alcoholic liquor at the premises is | ||
incidental to the sale of food; | ||
(2) the sale of alcoholic liquor is not the principal | ||
business carried on by the licensee at the premises; | ||
(3) the immediately prior owner or the operator of the | ||
restaurant or banquet facility held a valid retail license | ||
authorizing the sale of alcoholic liquor at the premises | ||
for at least part of the 24 months before a change of | ||
ownership; | ||
(4) the premises are located immediately east and | ||
across the street from an elementary school; | ||
(5) the premises and elementary school are part of an | ||
approximately 100-acre campus owned by the church; | ||
(6) the school opened in 1999 and was named after the |
founder of the church; and | ||
(7) the alderperson alderman of the ward in which the | ||
premises are located has expressed, in writing, his or her | ||
support for the issuance of the license. | ||
(sss) Notwithstanding any provision of this Section to the
| ||
contrary, nothing in this Section shall prohibit the issuance
| ||
or renewal of a license authorizing the sale of alcoholic
| ||
liquor at premises located within a municipality with a
| ||
population in excess of 1,000,000 inhabitants and within 100
| ||
feet of a church or school if: | ||
(1) the premises are at least 5,300 square feet and
| ||
located in a building that was built prior to 1940; | ||
(2) the shortest distance between the property line of
| ||
the premises and the exterior wall of the building in | ||
which
the church is located is at least 109 feet; | ||
(3) the distance between the building in which the | ||
church is located and the building in which the premises
| ||
are located is at least 118 feet; | ||
(4) the main entrance to the church faces west and is
| ||
at least 602 feet from the main entrance of the premises; | ||
(5) the shortest distance between the property line of
| ||
the premises and the property line of the school is at
| ||
least 177 feet; | ||
(6) the applicant has been in business for more than | ||
10
years; | ||
(7) the principal religious leader of the church has |
indicated his or her support for the issuance or
renewal | ||
of the license in writing; | ||
(8) the principal of the school has indicated in
| ||
writing that he or she is not opposed to the issuance of
| ||
the license; and | ||
(9) the alderperson alderman of the ward in which the | ||
premises are
located has expressed, in writing, his or her | ||
support for
the issuance of the license. | ||
(ttt) Notwithstanding any provision of this Section to the
| ||
contrary, nothing in this Section shall prohibit the issuance
| ||
or renewal of a license authorizing the sale of alcoholic
| ||
liquor at premises located within a municipality with a
| ||
population in excess of 1,000,000 inhabitants and within 100
| ||
feet of a church or school if: | ||
(1) the premises are at least 59,000 square feet and
| ||
located in a building that was built prior to 1940; | ||
(2) the shortest distance between the west property
| ||
line of the premises and the exterior wall of the church is | ||
at least 99 feet; | ||
(3) the distance between the building in which the
| ||
church is located and the building in which the premises
| ||
are located is at least 102 feet; | ||
(4) the main entrance to the church faces west and is
| ||
at least 457 feet from the main entrance of the premises; | ||
(5) the shortest distance between the property line of
| ||
the premises and the property line of the school is at
|
least 66 feet; | ||
(6) the applicant has been in business for more than | ||
10
years; | ||
(7) the principal religious leader of the church has | ||
indicated his or her support for the issuance or
renewal | ||
of the license in writing; | ||
(8) the principal of the school has indicated in
| ||
writing that he or she is not opposed to the issuance of
| ||
the license; and | ||
(9) the alderperson alderman of the ward in which the | ||
premises are
located has expressed, in writing, his or her | ||
support for
the issuance of the license. | ||
(uuu) Notwithstanding any provision of this Section to the
| ||
contrary, nothing in this Section shall prohibit the issuance
| ||
or renewal of a license authorizing the sale of alcoholic
| ||
liquor at premises located within a municipality with a
| ||
population in excess of 1,000,000 inhabitants and within 100
| ||
feet of a place of worship if: | ||
(1) the sale of liquor is incidental to the sale of
| ||
food; | ||
(2) the premises are at least 7,100 square feet; | ||
(3) the shortest distance between the north property
| ||
line of the premises and the nearest exterior wall of the
| ||
place of worship is at least 86 feet; | ||
(4) the main entrance to the place of worship faces | ||
north and is more than 150 feet from the
main entrance of |
the premises; | ||
(5) the applicant has been in business for more than | ||
20
years at the location; | ||
(6) the principal religious leader of the place of
| ||
worship has indicated his or her support for the issuance
| ||
or renewal of the license in writing; and | ||
(7) the alderperson alderman of the ward in which the | ||
premises are
located has expressed, in writing, his or her | ||
support for
the issuance of the license. | ||
(vvv) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of 2 churches if: | ||
(1) as of January 1, 2015, the premises were used for | ||
the sale of alcoholic liquor for consumption on the | ||
premises and the sale was authorized pursuant to a retail | ||
tavern license held by an individual as the sole | ||
proprietor of the premises; | ||
(2) a primary entrance of the church situated to the | ||
south of the premises is located on a street running | ||
perpendicular to the street upon which a primary entrance | ||
of the premises is situated; | ||
(3) the church located to the south of the premises is | ||
a 3-story structure that was constructed in 2006; |
(4) a parking lot separates the premises from the | ||
church located to the south of the premises; | ||
(5) the building in which the premises are situated | ||
was constructed before 1930; | ||
(6) the building in which the premises are situated is | ||
a 2-story, mixed-use commercial and residential structure | ||
containing more than 20,000 total square feet and | ||
containing at least 7 residential units on the second | ||
floor and 3 commercial units on the first floor; | ||
(7) the building in which the premises are situated is | ||
immediately adjacent to the church located to the north of | ||
the premises; | ||
(8) the primary entrance of the church located to the | ||
north of the premises and the primary entrance of the | ||
premises are located on the same street;
| ||
(9) the churches have not indicated their opposition | ||
to the issuance or renewal of the license in writing; and | ||
(10) the alderperson alderman of the ward in which the | ||
premises are
located has expressed, in writing, his or her | ||
support for
the issuance of the license. | ||
(www) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of licenses authorizing the sale of alcoholic | ||
liquor within a restaurant at premises located within a | ||
municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a school if: |
(1) the sale of alcoholic liquor is incidental to the | ||
sale of food and is not the principal business of the | ||
restaurant; | ||
(2) the building in which the restaurant is located | ||
was constructed in 1909 and is a 2-story structure; | ||
(3) the restaurant has been operating continuously | ||
since 1962, has been located at the existing premises | ||
since 1989, and has been owned and operated by the same | ||
family, which also operates a deli in a building located | ||
immediately to the east and adjacent and connected to the | ||
restaurant; | ||
(4) the entrance to the restaurant is more than 200 | ||
feet from the entrance to the school; | ||
(5) the building in which the restaurant is located | ||
and the building in which the school is located are | ||
separated by a traffic-congested major street; | ||
(6) the building in which the restaurant is located | ||
faces a public park located to the east of the school, | ||
cannot be seen from the windows of the school, and is not | ||
directly across the street from the school; | ||
(7) the school building is located 2 blocks from a | ||
major private university; | ||
(8) the school is a public school that has | ||
pre-kindergarten through eighth grade classes, is an open | ||
enrollment school, and has a preschool program that has | ||
earned a Gold Circle of Quality award; |
(9) the local school council has given written consent | ||
for the issuance of the liquor license; and | ||
(10) the alderperson alderman of the ward in which the | ||
premises are located has given written consent for the | ||
issuance of the liquor license. | ||
(xxx) (Blank). | ||
(yyy) Notwithstanding any provision in this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at a store that is located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are primarily used for the sale of | ||
alcoholic liquor; | ||
(2) on January 1, 2017, the store was authorized to | ||
sell alcoholic liquor pursuant to a package goods liquor | ||
license; | ||
(3) on January 1, 2017, the store occupied | ||
approximately 5,560 square feet and will be expanded to | ||
include 440 additional square feet for the purpose of | ||
storage; | ||
(4) the store was in existence before the church; | ||
(5) the building in which the store is located was | ||
built in 1956 and is immediately south of the church; | ||
(6) the store and church are separated by an east-west | ||
street; |
(7) the owner of the store received his first liquor | ||
license in 1986; | ||
(8) the church has not indicated its opposition to the | ||
issuance or renewal of the license in writing; and | ||
(9) the alderperson alderman of the ward in which the | ||
store is located has expressed his or her support for the | ||
issuance or renewal of the license. | ||
(zzz) Notwithstanding any provision of this Section to the | ||
contrary, nothing in this Section shall prohibit the issuance | ||
or renewal of a license authorizing the sale of alcoholic | ||
liquor at premises located within a municipality with a | ||
population in excess of 1,000,000 inhabitants and within 100 | ||
feet of a church if: | ||
(1) the premises are approximately 2,800 square feet | ||
with east frontage on South Allport Street and north | ||
frontage on West 18th Street in the City of Chicago; | ||
(2) the shortest distance between the north property | ||
line of the premises and the nearest exterior wall of the | ||
church is 95 feet; | ||
(3) the main entrance to the church is on West 18th | ||
Street, faces south, and is more than 100 feet from the | ||
main entrance to the premises; | ||
(4) the sale of alcoholic liquor is incidental to the | ||
sale of food in a restaurant; | ||
(5) the principal religious leader of the church has | ||
not indicated his or her opposition to the issuance or |
renewal of the license in writing; and | ||
(6) the alderperson alderman of the ward in which the | ||
premises are located has indicated his or her support for | ||
the issuance or renewal of the license in writing. | ||
(aaaa) Notwithstanding any provision of this Section to | ||
the contrary, nothing in this Section shall prohibit the | ||
issuance or renewal of a license authorizing the sale of | ||
alcoholic liquor at premises located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a church if: | ||
(1) the shortest distance between the premises and the | ||
church is at least 65 feet apart and no greater than 70 | ||
feet apart; | ||
(2) the premises are located on the ground floor of a | ||
freestanding, 3-story building of brick construction with | ||
2 stories of residential apartments above the premises; | ||
(3) the premises are approximately 2,557 square feet; | ||
(4) the premises and the church are located on | ||
opposite corners and are separated by sidewalks and a | ||
street; | ||
(5) the sale of alcohol is not the principal business | ||
carried on by the licensee at the premises; | ||
(6) the pastor of the church has not indicated his or | ||
her opposition to the issuance or renewal of the license | ||
in writing; and | ||
(7) the alderperson alderman of the ward in which the |
premises are located has not indicated his or her | ||
opposition to the issuance or renewal of the license in | ||
writing. | ||
(bbbb) Notwithstanding any other provision of this Section | ||
to the contrary, nothing in this Section shall prohibit the | ||
issuance or renewal of a license authorizing the sale of | ||
alcoholic liquor at premises or an outdoor location at the | ||
premises located within a municipality with a population in | ||
excess of 1,000,000 inhabitants and that are within 100 feet | ||
of a church or school if: | ||
(1) the church was a Catholic cathedral on January 1, | ||
2018; | ||
(2) the church has been in existence for at least 150 | ||
years; | ||
(3) the school is affiliated with the church; | ||
(4) the premises are bordered by State Street on the | ||
east, Superior Street on the south, Dearborn Street on the | ||
west, and Chicago Avenue on the north; | ||
(5) the premises are located within 2 miles of Lake | ||
Michigan and the Chicago River; | ||
(6) the premises are located in and adjacent to a | ||
building for which construction commenced after January 1, | ||
2018; | ||
(7) the alderperson alderman who represents the | ||
district in which the premises are located has written a | ||
letter of support for the issuance of a license; and |
(8) the principal religious leader of the church and | ||
the principal of the school have both signed a letter of | ||
support for the issuance of a license. | ||
(cccc) Notwithstanding any other provision of this Section | ||
to the contrary, nothing in this Section shall prohibit the | ||
issuance or renewal of a license authorizing the sale of | ||
alcoholic liquor within a restaurant at premises located | ||
within a municipality with a population in excess of 1,000,000 | ||
inhabitants and within 100 feet of a school if: | ||
(1) the sale of alcoholic liquor is incidental to the | ||
sale of food and is not the principal business of the | ||
restaurant; | ||
(2) the building in which the restaurant is located | ||
was constructed in 1912 and is a 3-story structure; | ||
(3) the restaurant has been in operation since 2015 | ||
and its entrance faces North Western Avenue; | ||
(4) the entrance to the school faces West Augusta | ||
Boulevard; | ||
(5) the entrance to the restaurant is more than 100 | ||
feet from the entrance to the school; | ||
(6) the school is a Catholic school affiliated with | ||
the nearby Catholic Parish church; | ||
(7) the building in which the restaurant is located | ||
and the building in which the school is located are | ||
separated by an alley; | ||
(8) the principal of the school has not indicated his |
or her opposition to the issuance or renewal of the | ||
license in writing; and | ||
(9) the alderperson alderman of the ward in which the | ||
restaurant is located has expressed his or her support for | ||
the issuance or renewal of the license. | ||
(dddd) Notwithstanding any provision of this Section to | ||
the contrary, nothing in this Section shall prohibit the | ||
issuance or renewal of a license authorizing the sale of | ||
alcoholic liquor at premises located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a school if: | ||
(1) the premises are approximately 6,250 square feet | ||
with south frontage on Bryn Mawr Avenue and north frontage | ||
on the alley 125 feet north of Bryn Mawr Avenue in the City | ||
of Chicago; | ||
(2) the shortest distance between the south property | ||
line of the premises and the nearest exterior wall of the | ||
school is 248 feet; | ||
(3) the main entrance to the school is on Christiana | ||
Avenue, faces east, and is more than 100 feet from the main | ||
entrance to the premises; | ||
(4) the sale of alcoholic liquor is incidental to the | ||
sale of food in a restaurant; | ||
(5) the principal of the school has not indicated his | ||
or her opposition to the issuance or
renewal of the | ||
license in writing; and |
(6) the alderperson alderman of the ward in which the | ||
premises are located has indicated his or her support for | ||
the issuance or renewal of the license in writing. | ||
(eeee) Notwithstanding any provision of this Section to | ||
the contrary, nothing in this Section shall prohibit the | ||
issuance or renewal of a license authorizing the sale of | ||
alcoholic liquor at premises located within a municipality | ||
with a population in excess of 1,000,000 inhabitants and | ||
within 100 feet of a school if: | ||
(1) the premises are approximately 2,300 square feet | ||
with south frontage on 53rd Street in the City of Chicago | ||
and the eastern property line of the premises abuts a | ||
private alleyway; | ||
(2) the shortest distance between the south property | ||
line of the premises and the nearest exterior wall of the | ||
school is approximately 187 feet; | ||
(3) the main entrance to the school is on Cornell | ||
Avenue, faces west, and is more than 100 feet from the main | ||
entrance to the premises; | ||
(4) the sale of alcoholic liquor is incidental to the | ||
sale of food in a restaurant; | ||
(5) the principal of the school has not indicated his | ||
or her opposition to the issuance or
renewal of the | ||
license in writing; and | ||
(6) the alderperson alderman of the ward in which the | ||
premises are located has indicated his or her support for |
the issuance or renewal of the license in writing. | ||
(Source: P.A. 100-36, eff. 8-4-17; 100-38, eff. 8-4-17; | ||
100-201, eff. 8-18-17; 100-579, eff. 2-13-18; 100-663, eff. | ||
8-2-18; 100-863, eff. 8-14-18; 100-1036, eff. 8-22-18; 101-81, | ||
eff. 7-12-19 .)
| ||
Section 95. The Cannabis Regulation and Tax Act is amended | ||
by changing Section 55-28 as follows: | ||
(410 ILCS 705/55-28)
| ||
Sec. 55-28. Restricted cannabis zones. | ||
(a) As used in this Section: | ||
"Legal voter" means a person: | ||
(1) who is duly registered to vote in a municipality | ||
with a population of over 500,000; | ||
(2) whose name appears on a poll list compiled by the | ||
city board of election commissioners since the last | ||
preceding election, regardless of whether the election was | ||
a primary, general, or special election; | ||
(3) who, at the relevant time, is a resident of the | ||
address at which he or she is registered to vote; and | ||
(4) whose address, at the relevant time, is located in | ||
the precinct where such person seeks to file a notice of | ||
intent to initiate a petition process, circulate a | ||
petition, or sign a petition under this Section. | ||
As used in the definition of "legal voter", "relevant |
time" means any time that: | ||
(i) a notice of intent is filed, pursuant to | ||
subsection (c) of this Section, to initiate the petition | ||
process under this Section; | ||
(ii) the petition is circulated for signature in the | ||
applicable precinct; or | ||
(iii) the petition is signed by registered voters in | ||
the applicable precinct. | ||
"Petition" means the petition described in this Section. | ||
"Precinct" means the smallest constituent territory within | ||
a municipality with a population of over 500,000 in which | ||
electors vote as a unit at the same polling place in any | ||
election governed by the Election Code. | ||
"Restricted cannabis zone" means a precinct within which | ||
home cultivation, one or more types of cannabis business | ||
establishments, or both has been prohibited pursuant to an | ||
ordinance initiated by a petition under this Section. | ||
(b) The legal voters of any precinct within a municipality | ||
with a population of over 500,000 may petition their local | ||
alderperson alderman , using a petition form made available | ||
online by the city clerk, to introduce an ordinance | ||
establishing the precinct as a restricted zone. Such petition | ||
shall specify whether it seeks an ordinance to prohibit, | ||
within the precinct: (i) home cultivation; (ii) one or more | ||
types of cannabis business establishments; or (iii) home | ||
cultivation and one or more types of cannabis business |
establishments. | ||
Upon receiving a petition containing the signatures of at | ||
least 25% of the registered voters of the precinct, and | ||
concluding that the petition is legally sufficient following | ||
the posting and review process in subsection (c) of this | ||
Section, the city clerk shall notify the local alderperson | ||
alderman of the ward in which the precinct is located. Upon | ||
being notified, that alderperson alderman , following an | ||
assessment of relevant factors within the precinct, including | ||
but not limited to, its geography, density and character, the | ||
prevalence of residentially zoned property, current licensed | ||
cannabis business establishments in the precinct, the current | ||
amount of home cultivation in the precinct, and the prevailing | ||
viewpoint with regard to the issue raised in the petition, may | ||
introduce an ordinance to the municipality's governing body | ||
creating a restricted cannabis zone in that precinct. | ||
(c) A person seeking to initiate the petition process | ||
described in this Section shall first submit to the city clerk | ||
notice of intent to do so, on a form made available online by | ||
the city clerk. That notice shall include a description of the | ||
potentially affected area and the scope of the restriction | ||
sought. The city clerk shall publicly post the submitted | ||
notice online. | ||
To be legally sufficient, a petition must contain the | ||
requisite number of valid signatures and all such signatures | ||
must be obtained within 90 days of the date that the city clerk |
publicly posts the notice of intent. Upon receipt, the city | ||
clerk shall post the petition on the municipality's website | ||
for a 30-day comment period. The city clerk is authorized to | ||
take all necessary and appropriate steps to verify the legal | ||
sufficiency of a submitted petition. Following the petition | ||
review and comment period, the city clerk shall publicly post | ||
online the status of the petition as accepted or rejected, and | ||
if rejected, the reasons therefor. If the city clerk rejects a | ||
petition as legally insufficient, a minimum of 12 months must | ||
elapse from the time the city clerk posts the rejection notice | ||
before a new notice of intent for that same precinct may be | ||
submitted. | ||
(c-5) Within 3 days after receiving an application for | ||
zoning approval to locate a cannabis business establishment | ||
within a municipality with a population of over 500,000, the | ||
municipality shall post a public notice of the filing on its | ||
website and notify the alderman of the ward in which the | ||
proposed cannabis business establishment is to be located of | ||
the filing. No action shall be taken on the zoning application | ||
for 7 business days following the notice of the filing for | ||
zoning approval. | ||
If a notice of intent to initiate the petition process to | ||
prohibit the type of cannabis business establishment proposed | ||
in the precinct of the proposed cannabis business | ||
establishment is filed prior to the filing of the application | ||
or within the 7-day period after the filing of the |
application, the municipality shall not approve the | ||
application for at least 90 days after the city clerk publicly | ||
posts the notice of intent to initiate the petition process. | ||
If a petition is filed within the 90-day petition-gathering | ||
period described in subsection (c), the municipality shall not | ||
approve the application for an additional 90 days after the | ||
city clerk's receipt of the petition; provided that if the | ||
city clerk rejects a petition as legally insufficient, the | ||
municipality may approve the application prior to the end of | ||
the 90 days. If a petition is not submitted within the 90-day | ||
petition-gathering period described in subsection (c), the | ||
municipality may approve the application unless the approval | ||
is otherwise stayed pursuant to this subsection by a separate | ||
notice of intent to initiate the petition process filed timely | ||
within the 7-day period. | ||
If no legally sufficient petition is timely filed, a | ||
minimum of 12 months must elapse before a new notice of intent | ||
for that same precinct may be submitted. | ||
(d) Notwithstanding any law to the contrary, the | ||
municipality may enact an ordinance creating a restricted | ||
cannabis zone. The ordinance shall: | ||
(1) identify the applicable precinct boundaries as of | ||
the date of the petition; | ||
(2) state whether the ordinance prohibits within the | ||
defined boundaries of the precinct, and in what | ||
combination: (A) one or more types of cannabis business |
establishments; or (B) home cultivation; | ||
(3) be in effect for 4 years, unless repealed earlier; | ||
and | ||
(4) once in effect, be subject to renewal by ordinance | ||
at the expiration of the 4-year period without the need | ||
for another supporting petition.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||
Section 100. The Illinois Vehicle Code is amended by | ||
changing Section 3-610 as follows:
| ||
(625 ILCS 5/3-610) (from Ch. 95 1/2, par. 3-610)
| ||
Sec. 3-610. Members of Congress. Upon receiving an | ||
application for a certificate of registration for a
motor | ||
vehicle from a member of the Congress of the United States from
| ||
Illinois, accompanied with payments of the registration fees | ||
and taxes
required under this Act, the Secretary of State | ||
instead of issuing to such
member number plates as hereinabove | ||
provided, shall, if such member so
requests, issue to him two | ||
number plates as described in this Section. Two duplicate
sets | ||
of these number plates may be issued if requested and may be | ||
used on 2 different
motor vehicles. There shall appear, in | ||
addition
to the designation of the State and the year for which | ||
such license was
issued, if he is a member of the House of | ||
Representatives, the number of
the congressional district of | ||
such member in the center of the plate
followed in the next |
line by the words "U. S. Congressperson Congressman "; if he is | ||
the
senior Senator from Illinois, the number 1 shall be in the | ||
center of the
plate followed in the next line by the word | ||
"Senator"; and if he is the
junior Senator, the number 2 shall | ||
be in the center of the plate followed
in the next line by the | ||
word "Senator".
| ||
Such plates may be issued for a 2 year period beginning | ||
January 1st
of each odd-numbered year and ending December 31st | ||
of the subsequent
even-numbered years.
| ||
(Source: P.A. 85-413.)
| ||
Section 105. The Code of Civil Procedure is amended by | ||
changing Section 15-1503 as follows:
| ||
(735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
| ||
Sec. 15-1503. Notice of foreclosure. | ||
(a) A notice of foreclosure, whether
the foreclosure is | ||
initiated by complaint or
counterclaim, made in accordance | ||
with this Section and recorded in the
county in which the | ||
mortgaged real estate is located shall be constructive
notice | ||
of the pendency of the foreclosure to every person claiming an
| ||
interest in or lien on the mortgaged real estate, whose | ||
interest or lien
has not been recorded prior to the recording | ||
of such notice of foreclosure.
Such notice of foreclosure must | ||
be executed by any party or any party's
attorney and shall | ||
include (i) the names of all plaintiffs and the case
number, |
(ii) the court in which the action was brought, (iii) the names | ||
of
title holders of record, (iv) a legal description of the | ||
real estate
sufficient to identify it with reasonable | ||
certainty, (v) a common address
or description of the location | ||
of the real estate and (vi) identification
of the mortgage | ||
sought to be foreclosed. An incorrect common address or
| ||
description of the location, or an immaterial error in the | ||
identification
of a plaintiff or title holder of record, shall | ||
not invalidate the lis
pendens effect of the notice under this | ||
Section.
A notice which complies with this Section shall be | ||
deemed to comply with
Section 2-1901 of the Code of Civil
| ||
Procedure and shall have the same effect as a notice filed | ||
pursuant to
that Section; however, a notice which complies | ||
with Section 2-1901 shall
not be constructive notice unless it | ||
also complies with the requirements of
this Section.
| ||
(b) With respect to residential real estate, a copy of the | ||
notice of foreclosure described in subsection (a) of Section | ||
15-1503 shall be sent by first class mail, postage prepaid, to | ||
the municipality within the boundary of which the mortgaged | ||
real estate is located, or to the county within the boundary of | ||
which the mortgaged real estate is located if the mortgaged | ||
real estate is located in an unincorporated territory. A | ||
municipality or county must clearly publish on its website a | ||
single address to which such notice shall be sent. If a | ||
municipality or county does not maintain a website, then the | ||
municipality or county must publicly post in its main office a |
single address to which such notice shall be sent. In the event | ||
that a municipality or county has not complied with the | ||
publication requirement in this subsection (b), then the copy | ||
of the notice to the municipality or county shall be sent by | ||
first class mail, postage prepaid, to the chairperson of the | ||
county board or county clerk in the case of a county, to the | ||
mayor or city clerk in the case of a city, to the president of | ||
the board of trustees or village clerk in the case of a | ||
village, or to the president or town clerk in the case of a | ||
town. Additionally, if the real estate is located in a city | ||
with a population of more than 2,000,000, regardless of | ||
whether that city has complied with the publication | ||
requirement in this subsection (b), the party must, within 10 | ||
days after filing the complaint or counterclaim: (i) send by | ||
first class mail, postage prepaid, a copy of the notice of | ||
foreclosure to the alderperson alderman for the ward in which | ||
the real estate is located and (ii) file an affidavit with the | ||
court attesting to the fact that the notice was sent to the | ||
alderperson alderman for the ward in which the real estate is | ||
located. The failure to send a copy of the notice to the | ||
alderperson alderman or to file an affidavit as required shall | ||
result in a stay of the foreclosure action on a motion of a | ||
party or the court. If the foreclosure action has been stayed | ||
by an order of the court, the plaintiff or the plaintiff's | ||
representative shall send the notice by certified mail, return | ||
receipt requested, or by private carrier that provides proof |
of delivery, and tender the return receipt or the proof of | ||
delivery to the court. After proof of delivery is tendered to | ||
the court, the court shall lift the stay of the foreclosure | ||
action. | ||
(Source: P.A. 101-399, eff. 8-16-19.)
| ||
Section 110. The City Sale or Lease of Land for Cemeteries | ||
Act is amended by changing Section 1 as follows:
| ||
(765 ILCS 825/1) (from Ch. 21, par. 7)
| ||
Sec. 1.
That in all cities of which the mayor and | ||
alderpersons
aldermen have heretofore been incorporated by any | ||
special act, as a
cemetery association or body politic, it | ||
shall be lawful, a majority of
their number assenting thereto, | ||
for such association or body politic to
demise for a term of | ||
years, or to convey in perpetuity any real estate
which it may | ||
have acquired by purchase or otherwise; and the real estate so
| ||
conveyed shall be devoted exclusively for burial or cemetery | ||
purposes by
the grantee or lessee thereof.
| ||
(Source: Laws 1875, p. 40.)
| ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law, except that the changes to Section 7-8 of the | ||
Election Code take effect on July 1, 2023.
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