103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2851

 

Introduced 1/19/2024, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
60 ILCS 1/60-5

    Amends the Township Code. Provides that a person appointed to a fill vacant office on the township board does not need to be a member of the same political party as the person vacating the office if appointed during a special township meeting after a vacancy of more than 60 days.


LRB103 36633 AWJ 66742 b

 

 

A BILL FOR

 

SB2851LRB103 36633 AWJ 66742 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by changing
5Section 60-5 as follows:
 
6    (60 ILCS 1/60-5)
7    Sec. 60-5. Filling vacancies in township offices.
8    (a) Except for the office of township or multi-township
9assessor, if a township fails to elect the number of township
10officers that the township is entitled to by law, or a person
11elected to any township office fails to qualify, or a vacancy
12in any township office occurs for any other reason including
13without limitation the resignation of an officer or the
14conviction in any court of the State of Illinois or of the
15United States of an officer for an infamous crime, then the
16township board shall fill the vacancy by appointment, by
17warrant under their signatures and seals, and the persons so
18appointed shall hold their respective offices for the
19remainder of the unexpired terms. All persons so appointed
20shall have the same powers and duties and are subject to the
21same penalties as if they had been elected or appointed for a
22full term of office. A vacancy in the office of township or
23multi-township assessor shall be filled only as provided in

 

 

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1the Property Tax Code.
2    For purposes of this subsection (a), a conviction for an
3offense that disqualifies an officer from holding that office
4occurs on the date of (i) the entry of a plea of guilty in
5court, (ii) the return of a guilty verdict, or (iii) in the
6case of a trial by the court, the entry of a finding of guilt.
7    (b) If a vacancy on the township board is not filled within
860 days, then a special township meeting must be called under
9Section 35-5 to select a replacement under Section 35-35.
10    (b-5) If the vacancy being filled under subsection (a) or
11(b) is for the township supervisor, a trustee shall be
12appointed as deputy supervisor to perform the ministerial
13functions of that office until the vacancy is filled under
14subsections (a) or (b). Once the vacancy is filled under
15subsections (a) or (b), the deputy supervisor's appointment is
16terminated.
17    (c) Except as otherwise provided in this Section, whenever
18any township or multi-township office becomes vacant or
19temporarily vacant, the township or multi-township board may
20temporarily appoint a deputy to perform the ministerial
21functions of the vacant office until the vacancy has been
22filled as provided in subsection (a) or (b). If the office is
23temporarily vacant, the temporarily appointed deputy may
24perform the ministerial functions of the vacant office until
25the township officer submits a written statement to the
26appropriate board that he or she is able to resume his or her

 

 

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1duties. The statement shall be sworn to before an officer
2authorized to administer oaths in this State. A temporary
3deputy shall not be permitted to vote at any meeting of the
4township board on any matter properly before the board unless
5the appointed deputy is a trustee of the board at the time of
6the vote. If the appointed deputy is a trustee appointed as a
7temporary deputy, his or her trustee compensation shall be
8suspended until he or she concludes his or her appointment as
9an appointed deputy upon the permanent appointment to fill the
10vacancy. The compensation of a temporary deputy shall be
11determined by the appropriate board. The township board shall
12not appoint a deputy clerk if the township clerk has appointed
13a deputy clerk under Section 75-45.
14    (d) Except for the temporary appointment of a deputy under
15subsection (c) or an appointment filled under subsection (b),
16any person appointed to fill a vacancy under this Section
17shall be a member of the same political party as the person
18vacating the office if the person vacating the office was
19elected as a member of an established political party, under
20Section 10-2 of the Election Code, that is still in existence
21at the time of appointment. The appointee shall establish his
22or her political party affiliation by his or her record of
23voting in party primary elections or by holding or having held
24an office in a political party organization before
25appointment. If the appointee has not voted in a party primary
26election or is not holding or has not held an office in a

 

 

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1political party organization before the appointment, then the
2appointee shall establish his or her political party
3affiliation by his or her record of participating in a
4political party's nomination or election caucus.
5(Source: P.A. 101-104, eff. 7-19-19.)