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92nd General Assembly

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Public Act 92-0189

HB1008 Enrolled                               LRB9201943MWdvA

    AN ACT concerning county commissioners.

    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 25-11 as follows:

    (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
    Sec. 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
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 chairman of the county board or board of
county commissioners with  the  advice  and  consent  of  the
county board or board of county commissioners.  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 "An Act
relating  to  the composition of an election of county boards
in certain counties", approved October 2, 1969,  as  amended,
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. 90-672, eff. 7-31-98.)

    Section  10.   The  Counties  Code is amended by changing
Sections 2-4006 and 2-4006.5 as follows:

    (55 ILCS 5/2-4006)
    Sec. 2-4006.  Terms  of  commissioners.   (a)   In  every
county not under township organization having 3 commissioners
elected  at  large as described in subsection (b) or (c), the
commissioners shall be elected as provided in this Section.
    (b)  In a county in which one commissioner was elected at
the general election in 1992 to serve for a term of  4  years
and  in  which 2 commissioners will be elected at the general
election in  1994,  the  commissioner  elected  in  1994  and
receiving the greatest number of votes shall serve for a term
of  6  years.   The  other commissioner elected in 1994 shall
serve for a term of 4 years.  At the general election in 1996
and at each general  election  thereafter,  one  commissioner
shall be elected to serve for a term of 6 years.
    (c)  In a county in which 2 commissioners were elected at
the  general  election  in 1992 to serve for terms of 4 years
and in which one commissioner will be elected at the  general
election  in  1994,  the  commissioner  elected in 1994 shall
serve for a term of 4 years.   The  commissioner  elected  in
1996  and  receiving the greatest number of votes shall serve
for a term of 6 years.  The  other  commissioner  elected  in
1996  shall  serve  for  a  term  of 4 years.  At the general
election in 1998 and at each general election thereafter, one
commissioner shall be elected to serve for a term of 6 years.
    (d)  The provisions of  this  Section  do  not  apply  to
commissioners elected under Section 2-4006.5 of this Code.
(Source: P.A. 88-572, eff. 8-11-94.)

    (55 ILCS 5/2-4006.5)
    Sec. 2-4006.5. Commissioners in certain counties.
    (a)  If  a  county  elects 3 commissioners at large under
Section 2-4006, registered voters of such county  may,  by  a
vote  of  a  majority  of  those  voting on such proposition,
determine to change the  method  of  electing  the  board  of
county  commissioners  by electing either 3 or 5 members from
single member districts. In order for  such  question  to  be
placed  upon  the  ballot,  such  petition  must  contain the
signatures of not fewer than 10% of the registered voters  of
such county.
    Commissioners  may  not  be  elected  from  single member
districts until the  question  of  electing  either  3  or  5
commissioners from single member districts has been submitted
to  the  electors  of  the  county  at a regular election and
approved  by  a  majority  of  the  electors  voting  on  the
question.  The commissioners must certify the question to the
proper election authority, which must submit the question  at
an election in accordance with the Election Code.
    The question must be in substantially the following form:
         Shall  the board of county commissioners of (name of
    county) consist of (insert either 3 or  5)  commissioners
    elected from single member districts?
The votes must be recorded as "Yes" or "No".
    If a majority of the electors voting on the question vote
in  the  affirmative,  a 3-member or 5-member board of county
commissioners, as the case may be, shall be established to be
elected from single member districts.
    (b)  If the voters of the county decide to elect either 3
or 5 commissioners from single member districts, the board of
county commissioners shall on or before August 31 of the year
following the 2000 federal decennial census divide the county
into either 3 or 5 compact and contiguous  county  commission
districts  that are substantially equal in population.  On or
before May 31 of the year following  each  federal  decennial
census  thereafter,  the  board of county commissioners shall
reapportion the county commission districts  to  be  compact,
contiguous, and substantially equal in population.
    (c)  The  commissioners elected at large at or before the
general election in 2000 shall continue to  serve  until  the
expiration  of  their  terms.  Of  those  commissioners,  the
commissioner  whose term expires in 2002 shall be assigned to
district 1; the commissioner whose term expires in 2004 shall
be assigned to district 2; and the  commissioner  whose  term
expires in 2006 shall be assigned to district 3.
    (d)  If  the  voters  of  the  county  decide  to elect 5
commissioners from single member districts,  at  the  general
election  in 2002, one commissioner from and residing in each
of districts 1, 4, and 5 shall be elected.   At  the  general
election  in 2004, one commissioner from and residing in each
of districts 1, 2, and 5 shall be elected.   At  the  general
election  in 2006, one commissioner from and residing in each
of districts 2, 3, and 4 shall be elected.   At  the  general
election  in 2008, one commissioner from and residing in each
of districts 1, 3, and 5 shall be elected.   At  the  general
election  in  2010, one commissioner from each of districts 2
and 4 shall be elected.  At the  general  election  in  2012,
commissioners  from  and  residing  in each district shall be
elected.  Thereafter, commissioners shall be elected at  each
general  election  to  fill  expired terms. Each commissioner
must reside in the district that he or  she  represents  from
the  time  that  he or she files his or her nomination papers
until his or her term expires.
    In the year following the decennial census  of  2010  and
every  10  years  thereafter,  the commissioners, publicly by
lot, shall divide the districts into  2  groups.   One  group
shall  serve  terms  of 4 years, 4 years, and 2 years and one
group shall serve terms of 2 years, 4 years, and 4 years.
(Source: P.A. 91-846, eff. 6-22-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 10, 2001.
    Approved August 01, 2001.

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