Public Act 90-0707 of the 90th General Assembly
Public Act 90-0707
HB3139 Enrolled LRB9005893MWsb
AN ACT in relation to public officials.
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,
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may not be withdrawn after it is received by the officer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.
(Source: P.A. 88-419; 88-670, eff. 12-2-94.)
Section 10. The Illinois Municipal Code is amended by
changing Section 3.1-10-50 as follows:
(65 ILCS 5/3.1-10-50)
Sec. 3.1-10-50. Vacancies.
(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 of an acting president by the trustees. 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 of an acting
president by the trustees. 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) Municipal officers appointed or elected under this
Section shall hold office until their successors are elected
and have 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.
(Source: P.A. 87-1052; 87-1119; 88-45.)
Section 99. Effective date. This Act takes effect upon
becoming law.