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91_HB2005ren HB2005 Re-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 (Source: P.A. 87-1119.) 24 Section 10. The Revised Cities and Villages Act of 1941 25 is amended by changing Sections 21-5, 21-12, and 21-22 as 26 follows: 27 (65 ILCS 20/21-5) (from Ch. 24, par. 21-5) 28 Sec. 21-5. Mayor; Term of office. 29 (a) The mayor of the city of Chicago shall be elected in HB2005 Re-Enrolled -2- LRB9103736MWks 1 1943 and quadrennially thereafter in a nonpartisan election. 2 The candidate receiving a majority of the votes cast for 3 mayor at the consolidated primary election shall be declared 4 mayor. If no candidate receives a majority of the votes, a 5 runoff election shall be held at the consolidated election, 6 when only the names of the candidates receiving the highest 7 and second highest number of votes at the consolidated 8 primary election shall appear on the ballot. If more than 9 one candidate received the highest or second highest number 10 of votes at the consolidated primary election, the names of 11 all candidates receiving the highest and second highest 12 number of votes shall appear on the ballot at the 13 consolidated election. The candidate receiving the highest 14 number of votes at the consolidated election shall be 15 declared elected. 16 (b) The mayor shall hold his or her office for 4four17 years beginning at noon on the first Monday in Mayof the18monthfollowing his or her election, and until his or her 19 successor is elected and qualified. 20 (Source: P.A. 89-95, eff. 1-1-96.) 21 (65 ILCS 20/21-12) (from Ch. 24, par. 21-12) 22 Sec. 21-12. City clerk and city treasurer; Election; 23 Tenure. At the time of election of the mayor there shall be 24 elected also a city clerk and a city treasurer. The 25 candidates receiving a majority of the votes cast for clerk 26 and treasurer at the consolidated primary election shall be 27 declared the clerk and treasurer. If no candidate receives a 28 majority of the votes for one of the offices, a runoff 29 election shall be held at the consolidated election, when 30 only the names of the candidates receiving the highest and 31 second highest number of votes for that office at the 32 consolidated primary election shall appear on the ballot. If 33 more than one candidate received the highest or second HB2005 Re-Enrolled -3- LRB9103736MWks 1 highest number of votes for one of the offices at the 2 consolidated primary election, the names of all candidates 3 receiving the highest and second highest number of votes for 4 that office shall appear on the ballot at the consolidated 5 election. The candidate receiving the highest number of 6 votes at the consolidated election shall be declared elected. 7 The clerk and treasurer each shall hold office for a term 8 of 4 years beginning at noon on the first Monday in Mayof9the monthfollowing the election and until a successor is 10 elected and qualified. No person, however, shall be elected 11 to the office of city treasurer for 2 terms in succession. 12 (Source: P.A. 89-95, eff. 1-1-96.) 13 (65 ILCS 20/21-22) (from Ch. 24, par. 21-22) 14 Sec. 21-22. General election for aldermen; vacancies. 15 (a) A general election for aldermen shall be held in the 16 year 1943 and every 4 years thereafter, at which one alderman 17 shall be elected from each of the 50 wards provided for by 18 this Article. The aldermen elected shall serve for a term of 19 4 years beginning at noon on the first Monday in Mayof the20monthfollowing the election of city officers, and until 21 their successors are elected and have qualified. All 22 elections for aldermen shall be in accordance with the 23 provisions of law in force and operative in the City of 24 Chicago for such elections at the time the elections are 25 held. 26 (b) Vacancies occurring in the office of alderman shall 27 be filled in the manner prescribed for filling vacancies in 28 Section 3.1-10-50 of the Illinois Municipal Code. An 29 appointment to fill a vacancy shall be made within 60 days 30 after the vacancy occurs. The requirement that an 31 appointment be made within 60 days is an exclusive power and 32 function of the State and is a denial and limitation under 33 Article VII, Section 6, subsection (h) of the Illinois HB2005 Re-Enrolled -4- LRB9103736MWks 1 Constitution of the power of a home rule municipality to 2 require that an appointment be made within a different period 3 after the vacancy occurs. 4 (Source: P.A. 87-1052; 87-1119; 88-45.)