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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/24C-19
(10 ILCS 5/24C-19)
Sec. 24C-19.
Additional Method of Voting.
The
foregoing Sections of this Article shall be deemed to
provide a method of voting in addition to the methods
otherwise provided in this Code.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/Art. 25
(10 ILCS 5/Art. 25 heading)
ARTICLE 25.
RESIGNATIONS AND VACANCIES
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10 ILCS 5/25-1
(10 ILCS 5/25-1) (from Ch. 46, par. 25-1)
Sec. 25-1.
Except as otherwise provided in Section 25-2, resignations of
elective offices shall be made to the officer, court or county board authorized
by law to fill a vacancy in such office by appointment, or to order an election
to fill such vacancy.
(Source: P.A. 88-419.)
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10 ILCS 5/25-2
(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 | |
(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.
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(5) His or her conviction of an infamous crime, or of
| | any offense involving a violation of official oath.
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(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.
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(8) The decision of a competent tribunal declaring
| | his or her election void.
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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; 95-646, eff. 1-1-08.)
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10 ILCS 5/25-3
(10 ILCS 5/25-3) (from Ch. 46, par. 25-3)
Sec. 25-3.
(a) Whenever it is alleged that a vacancy in any office
exists, the officer, body, or county board who has authority to fill the
vacancy by appointment, or to order an election to fill such vacancy, shall
have power to determine whether or not the facts occasioning such vacancy
exist.
(b) On or before the 100th day previous to the day of election for
which judicial candidates are to be nominated:
(1) The Chief Justice of the Supreme Court shall | | certify to the State Board of Elections the names of all judges who have died, resigned, retired or forfeited their office since the last general election and whose vacancies will be filled at the next general election.
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(2) The secretary of the Illinois Courts Commission
| | shall certify to the State Board of Elections the names of judges who have been removed from office and whose vacancies will be filled at the next general election.
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(3) The Secretary of State shall certify to the State
| | Board of Elections the names of judges who were eligible to stand for retention at the next general election, but failed to file a declaration of candidacy to succeed themselves in office or, having timely filed such a declaration, withdrew it.
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(4) The State Board of Elections shall determine
| | whether the General Assembly has created new judgeships which are to be filled at the next general election.
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If one of the events described in subsection (a) of Section 2A-9 of this
Code occurs between the 100th day and the 92nd day previous to the day of
election for which judicial candidates are to be nominated, the appropriate
aforementioned officer shall promptly certify the vacancy to the State Board of
Elections.
(c) Except with regard to new judgeships which have been created by the
General Assembly, the State Board of Elections may rely upon the
certifications from the Supreme Court, the Illinois Courts Commission and
the Secretary of State to determine (1) when vacancies in judicial office
exist and (2) the judicial positions for which elections are to be held.
(Source: P.A. 86-1348 .)
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10 ILCS 5/25-4
(10 ILCS 5/25-4) (from Ch. 46, par. 25-4)
Sec. 25-4.
In case of vacancies in the offices of Governor and
Lieutenant-Governor, the officer performing the duties of the office of
Governor, or if there is no such officer, the Secretary of State, shall
issue a proclamation appointing a day for a special election to fill such
vacancies, and shall issue a writ of election to the county clerks of the
several counties in the state, and shall also, when necessary, call a
special session of the General Assembly to canvass the votes cast at such
election; but if such vacancy shall occur not more than ninety (90) days
before a general election for members of the legislature, the vacancies
shall be filled at such general election, in which case no special session
of the General Assembly to canvass the votes shall be deemed necessary.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/25-5
(10 ILCS 5/25-5) (from Ch. 46, par. 25-5)
Sec. 25-5.
In accordance with Section 7 of Article V of the Illinois Constitution of 1970, if the Attorney General, Secretary of State, Comptroller, or Treasurer fails to qualify, or if his or her office becomes vacant, the Governor shall fill the office by appointment. If there are 28 months or less remaining in the term at the time of the vacancy or failure to qualify, the appointed officer shall serve for the remainder of the term. If there are more than 28 months remaining in the term at the time of the vacancy or failure to qualify, the office shall be filled by a special election to be held at the next general election. In the case of a special election pursuant to this Section, the appointed officer shall serve until the election results are certified and the person elected at the special election is qualified. Nominations shall be made in accordance with Section 7-68 of this Code. For purposes of this Section, a special election shall not be held if the person elected to the office failed to qualify for a period of less than 30 calendar days. The office to be filled by special election shall appear on the regular ballot at the general election, and shall not require the use of a separate ballot.
(Source: P.A. 98-1170, eff. 1-12-15.)
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10 ILCS 5/25-6
(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. 102-15, eff. 6-17-21.)
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