State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 002 ]
[ Senate Amendment 003 ]


92_HB5368sam001

 










                                          SRS92HB5368PMcpam01

 1                    AMENDMENT TO HOUSE BILL 5368

 2        AMENDMENT NO.     .  Amend House Bill 5368 on page  1  by
 3    replacing  everything  after  the  enacting  clause  with the
 4    following:

 5        "(60 ILCS 1/60-5)
 6        Sec. 60-5.  Filling vacancies in township offices. Except
 7    for the office of township or multi-township assessor,  if  a
 8    township  fails to elect the number of township officers that
 9    the township is entitled to by law, or a  person  elected  to
10    any  township  office  fails  to qualify, or a vacancy in any
11    township  office  occurs  for  any  other  reason,  then  the
12    township board shall fill  the  vacancy  by  appointment,  by
13    warrant  under their signatures and seals, and the persons so
14    appointed  shall  hold  their  respective  offices  for   the
15    remainder  of  the unexpired terms. No office holder vacating
16    his or her office shall be eligible to vote for  his  or  her
17    replacement.  If  a  township clerk vacates his or her office
18    upon death or at the  time  of  his  or  her  resignation  or
19    removal from office, then the township board shall appoint an
20    interim clerk until a permanent replacement can be appointed.
21    All  persons  so  appointed  shall  have  the same powers and
22    duties and are subject to the same penalties as if  they  had
23    been  elected  or  appointed  for  a  full term of office.  A
 
                            -2-           SRS92HB5368PMcpam01
 1    vacancy in the office of township or multi-township  assessor
 2    shall be filled only as provided in the Property Tax Code.
 3        If  a  vacancy on the township board is not filled within
 4    60 days, then a special township meeting must be called under
 5    Section 35-5 to select a replacement under Section 35-35.
 6        Except as otherwise provided in  this  Section,  whenever
 7    any  township  or  multi-township  office  becomes  vacant or
 8    temporarily vacant due to a physical incapacity of a township
 9    officer, the township or multi-township board may temporarily
10    appoint a deputy to perform the ministerial functions of  the
11    vacant  office  until  the  physically incapacitated township
12    officer submits a written statement to the appropriate  board
13    that he or she is physically able to perform his or her duty.
14    The  statement shall be sworn to before an officer authorized
15    to administer oaths in this State.  A temporary deputy  shall
16    not be permitted to vote at any meeting of the township board
17    on any matter properly before the board.  The compensation of
18    a  temporary  deputy  shall  be determined by the appropriate
19    board.  The township board shall not appoint a  deputy  clerk
20    if  the  township  clerk  has  appointed a deputy clerk under
21    Section 75-45.
22        Any person appointed to fill a vacancy under this Section
23    shall be a member of the same political party as  the  person
24    vacating  the  office  if  the person vacating the office was
25    elected as a member of an established political party,  under
26    Section 10-2 of the Election Code, that is still in existence
27    at  the  time  of appointment.  The appointee shall establish
28    his or her political party affiliation by his or  her  record
29    of  voting in party primary elections or by holding or having
30    held an office  in  a  political  party  organization  before
31    appointment.   If  the  appointee  has  not  voted in a party
32    primary election or is not holding or has not held an  office
33    in  a  political  party  organization before the appointment,
34    then the appointee shall establish his or her political party
 
                            -3-           SRS92HB5368PMcpam01
 1    affiliation by his  or  her  record  of  participating  in  a
 2    political party's nomination or election caucus.
 3    (Source: P.A. 90-748, eff. 8-14-98.)".

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