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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 5/25-10
(10 ILCS 5/25-10) (from Ch. 46, par. 25-10)
Sec. 25-10.
This Section applies only to counties of 3,000,000 or more
population. When a vacancy occurs in the office of Clerk of the Circuit
Court of any of the counties in this State, it shall be the duty of the
Circuit Judges of the respective judicial circuit in which
such vacancy may occur, to make an appointment to fill the vacancy for
the remainder of the unexpired term. However, if more than 28 months
remain in the term, the appointment shall be until the next general
election, at which time a clerk of the circuit court shall be elected for
the balance of the unexpired term. 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 Clerk of the Circuit
Court. The Circuit Judges may appoint a Clerk Pro Tempore for whatever
period is necessary while reviewing the qualifications of candidates for
appointment to the office.
(Source: P.A. 90-672, eff. 7-31-98.)
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10 ILCS 5/25-11
(10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
Sec. 25-11.
Except as otherwise provided in this paragraph, when a vacancy occurs in any elective county office, or in a
county of less than 3,000,000 population in the office of clerk of the circuit
court, in a county which is not a home rule unit, the county board or board
of county commissioners shall declare that such vacancy exists and
notification thereof
shall be given to the county central committee or the appropriate county board
or board of county commissioners district committee of each established
political party within 3 days of the
occurrence of the vacancy. The vacancy shall be filled
within 60 days by appointment of the chair of the county board
or board of county commissioners with the advice and consent of the county
board or board of county commissioners.
In counties other than Champaign County operating under the county executive form of government under Division 2-5 of the Counties Code, when a vacancy occurs in an elected county office other than in the office of an elected member of the county board, the county executive shall declare that such vacancy exists and then notification of the vacancy shall be given to the county central committee of each established political party within 3 days of the occurrence of the vacancy, and the vacancy shall be filled within 60 days by appointment of the county executive with the advice and consent of the county board. However, when a vacancy occurs in the office of an elected member of the county board in a county other than Champaign County that is operating under the county executive form of government under Division 2-5 of the Counties Code, the elected county board speaker or county board chair, as the case may be, shall declare that such vacancy exists and then notification shall be given to the appropriate county board district committee of each established political party within 3 days of the occurrence of the vacancy, and the vacancy shall be filled within 60 days by appointment of the elected county board speaker or county board chair, as the case may be, with the advice and consent of the county board. In Champaign County while operating under the county executive form of government under Division 2-5 of the Counties Code, when a vacancy occurs in an elected county office or in the office of an elected member of the county board, the elected county board speaker or county board chair, as the case may be, shall declare that such vacancy exists and then notification shall be given to the county central committee or the appropriate county board district committee of each established political party within 3 days of the occurrence of the vacancy; and the vacancy shall be filled within 60 days by appointment of the elected county board speaker or county board chair, as the case may be, with the advice and consent of the county board. In counties in which forest preserve district commissioners are
elected by districts and are not also members of the county board, however,
vacancies in the office of forest preserve district commissioner shall be
filled within 60 days by appointment of the president of the forest preserve
district board of commissioners with the advice and consent of the forest
preserve district board of commissioners. In counties in which the forest
preserve district president is not also a member of the county board, vacancies
in
the office of forest preserve district president shall be filled within 60 days
by the forest preserve district board of commissioners by appointing one of the
commissioners to serve as president.
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.
The appointee shall serve the remainder of the unexpired term. However, if
more than 28 months remain in the term, the appointment shall be until the
next general election at which time the vacated office shall be
filled by election for the remainder of the term. In the
case of a vacancy in a seat on a county board or board of county
commissioners which
has been divided into districts under Section 2-3003 or 2-4006.5 of
the Counties Code, the appointee must also be a resident of the
county board or county commission district.
If a county commissioner ceases to reside in the district that he or
she represents, a vacancy in that office exists.
Except as otherwise provided by county ordinance or by law, in
any county which is a home rule unit, vacancies in elective
county offices, other than the office of chief executive officer,
and vacancies in the office of clerk of the circuit court in a county of
less than 3,000,000 population, shall be filled
by the county board or board of county commissioners.
(Source: P.A. 102-1120, eff. 1-23-23.)
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10 ILCS 5/25-11.1
(10 ILCS 5/25-11.1) (from Ch. 46, par. 25-11.1)
Sec. 25-11.1.
A vacancy in the office of a State's Attorney or
superintendent of an educational service region who serves 2 or more
counties shall be filled by joint appointment of the county boards of those
counties until the next general election when a successor shall be elected
for the balance of the unexpired term or for a full term, as the case may be.
(Source: P.A. 84-861.)
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10 ILCS 5/Art. 28
(10 ILCS 5/Art. 28 heading)
ARTICLE 28.
SUBMITTING PUBLIC QUESTIONS
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