SB0225sam001 100TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 7/20/2017

10000SB0225sam001 LRB100 04899 MLM 28068 a

AMENDMENT TO SENATE BILL 225

AMENDMENT NO. ______. Amend Senate Bill 225 by replacing everything after the enacting clause with the following:

"Section 5. The Township Code is amended by changing Section 55-6 as follows:

(60 ILCS 1/55-6)

Sec. 55-6. Criminal conviction. A person is not eligible to hold any office if that person, at the time required for taking the oath of office, has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony unless the person: (1) is again restored to such rights by the terms of a pardon for the offense; (2) has completed the sentence issued by the court for the offense at least 15 years prior to taking office, has not had another criminal conviction in the 15 years following the completion of the sentence, and has submitted to the appropriate election authority a signed affidavit which includes the date of all criminal convictions, the date of completion of any sentences, and an assertion that the person believes they qualify under this exemption; or (3) is otherwise eligible according to law.

The person seeking office under exemption (2) of this Section must submit with their petitions, statement of candidacy, and other filing paperwork the signed affidavit asserting that exemption. When a person submits the affidavit to the appropriate election authority, any registered voter in that political subdivision may, within 21 days of the affidavit being filed, challenge the affidavit as false by providing evidence, and the election authority shall make a determination as to its accuracy.

If the election authority determines that the person seeking election does not qualify for exemption (2) under this Section, the person shall be prohibited from the ballot. If no challenge to the accuracy of the affidavit is made within 21 days, then the affidavit shall be deemed accurate and the person may stand for election to the office being sought.

If the person seeking office is required to file an affidavit under this Section and fails to do so, and then is elected to office, the failure to file the affidavit constitutes grounds for immediate removal from office. Any registered voter in the political subdivision may bring to the election authority a request to remove the official from office under this Section, and upon determination by the election authority of a failure to file an affidavit, the office shall immediately become vacant.

(Source: P.A. 99-546, eff. 7-15-16.)

Section 10. The Illinois Municipal Code is amended by changing Section 3.1-10-5 as follows:

(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)

Sec. 3.1-10-5. Qualifications; elective office.

(a) A person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one year next preceding the election or appointment, except as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.

(b) A person is not eligible to take the oath of office for a municipal office if that person is, at the time required for taking the oath of office, in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony unless the person (1) is again restored to such rights by the terms of a pardon for the offense; (2) has completed the sentence issued by the court for the offense at least 15 years prior to taking office, has not had another criminal conviction in the 15 years following the completion of the sentence, and has submitted to the appropriate election authority a signed affidavit which includes the date of all criminal convictions, the date of completion of any sentences, and an assertion that the person believes they qualify under this exemption; or (3) is otherwise eligible according to law.

The person seeking office under exemption (2) of this subsection (b) must submit with their petitions, statement of candidacy, and other filing paperwork the signed affidavit asserting that exemption. When a person submits the affidavit to the appropriate election authority, any registered voter in that political subdivision may, within 21 days of the affidavit being filed, challenge the affidavit as false by providing evidence, and the election authority shall make a determination as to its accuracy.

If the election authority determines that the person seeking election does not qualify for exemption (2) under this subsection (b), the person shall be prohibited from the ballot. If no challenge to the accuracy of the affidavit is made within 21 days, then the affidavit shall be deemed accurate and the person may stand for election to the office being sought.

If the person seeking office is required to file an affidavit under this subsection (b) and fails to do so, and then is elected to office, the failure to file the affidavit constitutes grounds for immediate removal from office. Any registered voter in the political subdivision may bring to the election authority a request to remove the official from office under this subsection (b), and upon determination by the election authority of a failure to file an affidavit, the office shall immediately become vacant.

(b-5) (Blank).

(c) A person is not eligible for the office of alderman of a ward unless that person has resided in the ward that the person seeks to represent, and a person is not eligible for the office of trustee of a district unless that person has resided in the municipality, at least one year next preceding the election or appointment, except as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.

(d) If a person (i) is a resident of a municipality immediately prior to the active duty military service of that person or that person's spouse, (ii) resides anywhere outside of the municipality during that active duty military service, and (iii) immediately upon completion of that active duty military service is again a resident of the municipality, then the time during which the person resides outside the municipality during the active duty military service is deemed to be time during which the person is a resident of the municipality for purposes of determining the residency requirement under subsection (a).

(Source: P.A. 98-115, eff. 7-29-13; 99-449, eff. 8-24-15.)

Section 15. The School Code is amended by changing Section 10-11 as follows:

(105 ILCS 5/10-11) (from Ch. 122, par. 10-11)

Sec. 10-11. Vacancies. Elective offices become vacant within the meaning of the Act, unless the context indicates otherwise, 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 in writing filed with the Secretary or Clerk of the Board.

3. His or her becoming a person under legal disability.

4. His or her ceasing to be an inhabitant of the district for which he or she was elected.

5. His or her conviction of an infamous crime, of any offense involving a violation of official oath, or of a violent crime against a child.

6. His or her removal from office.

7. The decision of a competent tribunal declaring his or her election void.

8. His ceasing to be an inhabitant of a particular area from which he was elected, if the residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code are violated.

No elective office except as herein otherwise provided becomes vacant until the successor of the incumbent of such office has been appointed or elected, as the case may be, and qualified. The successor shall have the same type of residential qualifications as his or her predecessor and, if the residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code apply, the successor, whether elected or appointed by the remaining members or a regional superintendent, shall be an inhabitant of the particular area from which his or her predecessor was elected.

For the purpose of this Section, an elective office does not become vacant if the person previously convicted of an infamous crime: (i) received a pardon for the offense; (ii) has completed the sentence issued by the court for the offense at least 15 years prior to taking office, has not had another criminal conviction in the 15 years following the completion of the sentence, and has submitted to the secretary of the school board prior to taking office or within 30 days of the effective date of this amendatory Act of the 100th General Assembly, whichever is later, a signed affidavit which includes the date of all criminal convictions, the date of completion of any sentences, and an assertion that the person believes they qualify under this exemption; or (iii) is otherwise eligible according to law. An affidavit submitted under item (ii) of this paragraph shall be submitted to the appropriate State's attorney upon request. However, this paragraph shall not apply to a person who is a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012.

(Source: P.A. 94-1019, eff. 7-10-06.)

Section 99. Effective date. This Act takes effect upon becoming law.".