State of Illinois
91st General Assembly
Legislation

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91_HB2005enr

 
HB2005 Enrolled                                LRB9103736MWks

 1        AN  ACT in relation to municipal officers, amending named
 2    Acts.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Illinois  Municipal  Code is amended by
 6    changing Section 3.1-10-5 as follows:

 7        (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
 8        Sec. 3.1-10-5.  Qualifications; elective office.
 9        (a)  A person is not eligible for an  elective  municipal
10    office  unless  that  person  is  a  qualified elector of the
11    municipality and has resided in the municipality at least one
12    year next preceding the election.
13        (b)  A person is not eligible for an  elective  municipal
14    office  if  that person is in arrears in the payment of a tax
15    or other indebtedness due to the  municipality  or  has  been
16    convicted  in  any  court located in the United States of any
17    infamous crime, bribery, perjury, or other felony.
18        (c)  A person is not eligible for the office of  alderman
19    of  a  ward  or  trustee of a district unless that person has
20    resided in the municipality, as the case may be, at least one
21    year next preceding the election or  appointment,  except  as
22    provided in subsection (b) of Section 3.1-25-75.
23        (d)  In  municipalities  with  a  population of more than
24    500,000, a person is not eligible for the office of  alderman
25    of  a  ward unless that person resides in the ward from which
26    he or she is elected, except that in an election following  a
27    redistricting, whether the redistricting is under the Revised
28    Cities and Villages Act of 1941 or pursuant to court order, a
29    person may be eligible for the office of alderman of any ward
30    that  contains  a part of the ward in which he or she resided
31    at the time of the redistricting.  A  person  who,  following
 
HB2005 Enrolled            -2-                 LRB9103736MWks
 1    redistricting, is elected to the office of alderman of a ward
 2    in  which  he  or  she does not reside must reside within the
 3    ward no later than 12 months following the election,  or  the
 4    alderman  will  be  considered  to  have  removed  his or her
 5    residence from the ward.
 6    (Source: P.A. 87-1119.)

 7        Section 10.  The Revised Cities and Villages Act of  1941
 8    is  amended  by  changing  Sections 21-5, 21-12, and 21-22 as
 9    follows:

10        (65 ILCS 20/21-5) (from Ch. 24, par. 21-5)
11        Sec. 21-5. Mayor; Term of office.
12        (a)  The mayor of the city of Chicago shall be elected in
13    1943 and quadrennially thereafter in a nonpartisan  election.
14    The  candidate  receiving  a  majority  of the votes cast for
15    mayor at the consolidated primary election shall be  declared
16    mayor.    If no candidate receives a majority of the votes, a
17    runoff election shall be held at the  consolidated  election,
18    when  only  the names of the candidates receiving the highest
19    and second  highest  number  of  votes  at  the  consolidated
20    primary  election  shall  appear on the ballot.  If more than
21    one candidate received the highest or second  highest  number
22    of  votes  at the consolidated primary election, the names of
23    all candidates  receiving  the  highest  and  second  highest
24    number   of   votes   shall  appear  on  the  ballot  at  the
25    consolidated election.  The candidate receiving  the  highest
26    number  of  votes  at  the  consolidated  election  shall  be
27    declared elected.
28        (b)  The  mayor  shall  hold his or her office for 4 four
29    years beginning at noon on the first Monday  in  May  of  the
30    month  following  his  or  her election, and until his or her
31    successor is elected and qualified.
32    (Source: P.A. 89-95, eff. 1-1-96.)
 
HB2005 Enrolled            -3-                 LRB9103736MWks
 1        (65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
 2        Sec. 21-12. City  clerk  and  city  treasurer;  Election;
 3    Tenure.  At  the time of election of the mayor there shall be
 4    elected  also  a  city  clerk  and  a  city  treasurer.   The
 5    candidates receiving a majority of the votes cast  for  clerk
 6    and  treasurer  at the consolidated primary election shall be
 7    declared the clerk and treasurer.  If no candidate receives a
 8    majority of the votes  for  one  of  the  offices,  a  runoff
 9    election  shall  be  held  at the consolidated election, when
10    only the names of the candidates receiving  the  highest  and
11    second  highest  number  of  votes  for  that  office  at the
12    consolidated primary election shall appear on the ballot.  If
13    more than  one  candidate  received  the  highest  or  second
14    highest  number  of  votes  for  one  of  the  offices at the
15    consolidated primary election, the names  of  all  candidates
16    receiving  the highest and second highest number of votes for
17    that office shall appear on the ballot  at  the  consolidated
18    election.   The  candidate  receiving  the  highest number of
19    votes at the consolidated election shall be declared elected.
20        The clerk and treasurer each shall hold office for a term
21    of 4 years beginning at noon on the first Monday  in  May  of
22    the  month  following  the  election and until a successor is
23    elected and qualified.  No person, however, shall be  elected
24    to the office of city treasurer for 2 terms in succession.
25    (Source: P.A. 89-95, eff. 1-1-96.)

26        (65 ILCS 20/21-22) (from Ch. 24, par. 21-22)
27        Sec. 21-22.  General election for aldermen; vacancies.
28        (a)  A general election for aldermen shall be held in the
29    year 1943 and every 4 years thereafter, at which one alderman
30    shall  be  elected  from each of the 50 wards provided for by
31    this Article.  The aldermen elected shall serve for a term of
32    4 years beginning at noon on the first Monday in May  of  the
33    month  following  the  election  of  city officers, and until
 
HB2005 Enrolled            -4-                 LRB9103736MWks
 1    their  successors  are  elected  and  have   qualified.   All
 2    elections  for  aldermen  shall  be  in  accordance  with the
 3    provisions of law in force  and  operative  in  the  City  of
 4    Chicago  for  such  elections  at  the time the elections are
 5    held.
 6        (b)  Vacancies occurring in the office of alderman  shall
 7    be  filled  in the manner prescribed for filling vacancies in
 8    Section  3.1-10-50  of  the  Illinois  Municipal   Code.   An
 9    appointment  to  fill  a vacancy shall be made within 60 days
10    after  the  vacancy  occurs.    The   requirement   that   an
11    appointment  be made within 60 days is an exclusive power and
12    function of the State and is a denial  and  limitation  under
13    Article  VII,  Section  6,  subsection  (h)  of  the Illinois
14    Constitution of the power of  a  home  rule  municipality  to
15    require that an appointment be made within a different period
16    after the vacancy occurs.
17    (Source: P.A. 87-1052; 87-1119; 88-45.)

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