Illinois Compiled Statutes
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ELECTIONS10 ILCS 5/Art. 25
(10 ILCS 5/) Election Code.
(10 ILCS 5/Art. 25 heading)
RESIGNATIONS AND VACANCIES
10 ILCS 5/25-1
(10 ILCS 5/25-1)
(from Ch. 46, par. 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.)
10 ILCS 5/25-2
(10 ILCS 5/25-2)
(from Ch. 46, par. 25-2)
Events on which an elective office becomes vacant.
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.
(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withdrawn after it is received by the officer authorized to fill the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; 95-646, eff. 1-1-08.)
10 ILCS 5/25-3
(10 ILCS 5/25-3)
(from Ch. 46, par. 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
(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.
(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.
(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.
(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.
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
(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
10 ILCS 5/25-4
(10 ILCS 5/25-4)
(from Ch. 46, par. 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.)
10 ILCS 5/25-5
(10 ILCS 5/25-5)
(from Ch. 46, par. 25-5)
When a vacancy shall occur in the office of Secretary of State, State
Comptroller, Treasurer or Attorney General, the Governor shall fill the
same by appointment, and the appointee shall hold his office during the
remainder of the term, and until his successor is elected and qualified.
(Source: P.A. 78-592.)
10 ILCS 5/25-6
(10 ILCS 5/25-6)
(from Ch. 46, par. 25-6)
(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. 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
(d) In making appointments under this Section, each committeeman 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
committeeman 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. 97-81, eff. 7-5-11.)
10 ILCS 5/25-7
(10 ILCS 5/25-7)
(from Ch. 46, par. 25-7)
(a) When any vacancy shall occur in the office of representative in congress
from this state more than 180 days before the next general election, the
Governor shall issue a writ of election within 5 days after the occurrence
of that vacancy to the county clerks of the several counties in the
district where the vacancy exists, appointing a day within 115 days of issuance of the writ to hold
a special election to fill such vacancy.
(b) Notwithstanding subsection (a) of this Section or any other law to the contrary, a special election to fill a vacancy in the office of representative in congress occurring less than 60 days following the 2012 general election shall be held as provided in this subsection (b). A special primary election shall be held on February 26, 2013, and a special election shall be held on April 9, 2013.
Except as provided in this subsection (b), the provisions of Article 7 of this Code are applicable to petitions for the special primary election and special election. Petitions for nomination in accordance with Article 7 shall be filed in the principal office of the State Board of Elections not more than 54 and not less than 50 days prior to the date of the special primary election, excluding Saturday and Sunday. Petitions for the nomination of independent candidates and candidates of new political parties shall be filed in the principal office of the State Board of Elections not more than 68 and not less than 64 days prior to the date of the special election, excluding Saturday and Sunday.
Except as provided in this subsection, the State Board of Elections shall have authority to establish, in conjunction with the impacted election authorities, an election calendar for the special election and special primary.
If an election authority is unable to have a sufficient number of ballots printed so that ballots will be available for mailing at least 46 days prior to the special primary election or special election to persons who have filed an application for a ballot under the provisions of Article 20 of this Code, the election authority shall, no later than 45 days prior to each election, mail to each of those persons a Special Write-in Absentee Voter's Blank Ballot in accordance with Section 16-5.01 of this Code. The election authority shall advise those persons that the names of candidates to be nominated or elected shall be available on the election authority's website and shall provide a phone number the person may call to request the names of the candidates for nomination or election.
(Source: P.A. 97-1134, eff. 12-3-12.)
10 ILCS 5/25-8
(10 ILCS 5/25-8)
(from Ch. 46, par. 25-8)
When a vacancy shall occur in the office of United States
Senator from this state, the Governor shall make temporary appointment to
fill such vacancy until the next election of representatives in Congress,
at which time such vacancy shall be filled by election, and the senator so
elected shall take office as soon thereafter as he shall receive his
certificate of election.
(Source: Laws 1943, vol. 2, p. 1.)
10 ILCS 5/25-10
(10 ILCS 5/25-10)
(from Ch. 46, par. 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.)
10 ILCS 5/25-11
(10 ILCS 5/25-11)
(from Ch. 46, par. 25-11)
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
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 chairman 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 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
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.
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
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. 92-189, eff. 8-1-01; 92-583, eff. 6-26-02.)
10 ILCS 5/25-11.1
(10 ILCS 5/25-11.1)
(from Ch. 46, par. 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.)