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Public Act 095-0646
Public Act 0646 95TH GENERAL ASSEMBLY
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Public Act 095-0646 |
HB0962 Enrolled |
LRB095 05356 JAM 25441 b |
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| AN ACT concerning vacancies in public office.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Election Code is amended by changing Section | 25-2 as follows:
| (10 ILCS 5/25-2) (from Ch. 46, par. 25-2)
| Sec. 25-2. Events on which an elective office becomes | vacant. Every
elective office shall become vacant on the | happening of any
of the following events before the expiration | of the term of such office:
| (1) The death of the incumbent.
| (2) His or her resignation.
| (3) His or her becoming a person under legal
| disability.
| (4) His or her ceasing to be an inhabitant of the | State; or if the office
is local, his or her ceasing to be | an inhabitant of the district,
county, town, or precinct | for which he or she was elected; provided, that the
| provisions of this paragraph shall not apply to township | officers whose
township boundaries are changed in | accordance with Section 10-20 of
the Township Code, to a | township officer after disconnection as set forth in | Section 15-17 of the Township Code, nor to township or |
| multi-township assessors elected under
Sections 2-5 | through 2-15 of the Property Tax Code.
| (5) His or her conviction of an infamous crime, or of
| any offense involving a violation of official oath.
| (6) His or her removal from office.
| (7) His or her refusal or neglect to take his or her
| oath of office, or to give or renew his or her official | bond, or to deposit or
file such oath or bond within the | time prescribed by law.
| (8) The decision of a competent tribunal declaring his
| or her election void.
| No elective office, except as herein otherwise provided, | shall become
vacant until the successor of the incumbent of | such office has been appointed
or elected, as the case may be, | and qualified.
| An unconditional resignation, effective at a future date, | may not be
withdrawn after it is received by the officer | authorized to fill the
vacancy. Such resignation shall create a | vacancy in office for the purpose
of determining the time | period which would require an election. The
resigning office | holder may continue to hold such office until the date or
event | specified in such resignation, but no later than the date at | which
his or her successor is elected and qualified.
| An admission of guilt of a criminal offense that would, | upon conviction,
disqualify the holder of an elective office | 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 holder of an elective office from holding | that office shall occur 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.
| This Section does not apply to any elected or appointed | officers or officials of any municipality having a population | under 500,000.
| (Source: P.A. 94-529, eff. 8-10-05.)
| Section 10. The Illinois Municipal Code is amended by | changing Sections 3.1-10-5, 3.1-10-50, 3.1-20-25, 3.1-25-75, | 5-2-11, and 5-2-15 and by adding Section 3.1-10-51 as follows:
| (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 subsection (c) of 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 for an elective municipal | office if that
person is 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.
| (c) A person is not eligible for the office of
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 subsection (c) | of Section 3.1-20-25, subsection (b) of Section 3.1-25-75, | Section 5-2-2, or Section 5-2-11.
| (Source: P.A. 93-847, eff. 7-30-04.)
| (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
| Vacancies .
| (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 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. | (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 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 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) Alderman or trustee. If the vacancy is in the | office of 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 | 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) Alderman or trustee. If the vacancy is in the | office of 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 | 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.
| (a) 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 aldermen
| of a ward or trustees of a district, removal of residence from | the ward or
district, as the case may be.
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 | shall
occur 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.
| (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, 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; if the vacancy is in the
office of president, the | vacancy shall be filled by the appointment by the trustees of | an acting president from the members of
the board of trustees.
| In villages with a population of less than 5,000, if each of | the members of
the board of trustees either declines the | appointment as acting
president or is not approved for the | appointment by a majority vote of the
trustees presently | holding office, then the
board of trustees may appoint as | acting president any other
village resident who is qualified to | hold municipal office.
The acting mayor or acting president
| shall perform the duties and possess all the rights and powers |
| of the mayor
or president 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 or president shall appoint a
| qualified person to the office subject to the advice and | consent of the
city council or trustees.
| (c) In a 2 year term, or if the 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;
if the | vacancy is in the office of president, the vacancy shall be | filled by
the appointment by the trustees of an acting
| president from the members of the board of trustees.
In | villages with a population of less than 5,000, if each of the | members of
the board of trustees either declines the | appointment as acting
president or is not approved for the | appointment by a majority vote of the
trustees presently | holding office, then the
board of trustees may appoint as | acting president any other
village resident who is qualified to | hold municipal office.
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. A | vacancy in any elective office
other than mayor or president | shall be filled by appointment by the mayor or
president, with | the advice and consent of the corporate authorities.
|
| (d) This subsection applies on and after January 1, 2006. | The election of an acting mayor or acting president in a | municipality with a population under 500,000 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) Municipal officers appointed or elected under this | Section shall
hold office until their successors are elected |
| and have qualified.
| (f) An appointment to fill a vacancy in the office of | 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.
| (Source: P.A. 94-645, eff. 8-22-05.)
| (65 ILCS 5/3.1-10-51 new) | Sec. 3.1-10-51. Vacancies in municipalities with a | population of 500,000 or more. | (a) 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 | alderman of a ward, removal of residence from the ward. 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. | (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 | 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.
| (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
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 aldermen to which | the city is entitled,
except as provided in subsection (c).
| (c) If it appears from any official census
that a city has | the requisite number of inhabitants to
authorize it to increase | the number of aldermen, 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 aldermen whose
terms of office are not expiring | shall be considered 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 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 aldermen with terms of office not expiring | and residing in the same
ward under the new redistricting, the | 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 aldermen shall fill
their | unexpired terms as aldermen-at-large. The aldermen-at-large, | if any,
shall have the same powers and duties as all other | aldermen, but upon the
expiration of their terms the offices of | aldermen-at-large shall be abolished.
| (d) If the redistricting results in one or more wards in | which no aldermen
reside whose terms of office have not | expired, 2 aldermen shall be elected
in accordance with Section | 3.1-20-35, unless the city elected only one
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. 93-847, eff. 7-30-04.)
| (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 aldermen in
cities shall also apply to the terms of office |
| of trustees under this
Section.
| (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 aldermen
in cities shall also apply to the terms of office | of trustees under this
section.
| (Source: Laws 1961, p. 576.)
| (65 ILCS 5/5-2-15) (from Ch. 24, par. 5-2-15)
| Sec. 5-2-15. Trustees; tenure; vacancies.
| (a) In each village operating under Section 5-2-12, the | electors of the
village shall elect 6 trustees. The term of | office of the trustees shall be 4
years and until their | successors are elected and have qualified. Trustees
elected at |
| the first election for village officers after a village is
| incorporated, however, shall by lot designate one-half of their | number whose
terms shall be 2 years and until their successors | are elected and have
qualified. In all villages having a | population of less than 50,000 in which
only 3 trustees were | elected for a 4 year term in the year 1941, 3 trustees
shall be | elected for a 4 year term at the regular village election in | the year
1943, and thereafter 3 trustees shall be elected in | each odd numbered year for
a term of 4 years.
| (b) (Blank).
Whenever a vacancy in the office of a trustee | in any village, whether
incorporated under a general or a | special Act, occurs during his or her term,
the vacancy shall | be filled for the remainder of the term as provided in
Section | 3.1-10-50. During the period from the time that the vacancy | occurs
until a trustee is elected under this Section and has | qualified, the vacancy
may be filled by the appointment of a | trustee by the president with the advice
and consent of the | remaining trustees. 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.)
|
| Section 99. Effective date. This Act takes effect January | 1, 2008.
|
Effective Date: 1/1/2008
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