093_HB2482

 
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 1        AN ACT in relation to municipalities.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Election  Code  is  amended by changing
 5    Section 25-2 as follows:

 6        (10 ILCS 5/25-2) (from Ch. 46, par. 25-2)
 7        Sec. 25-2.  Events on which an  elective  office  becomes
 8    vacant.  Every  elective  office  shall  become vacant on the
 9    happening  of  any  of  the  following  events   before   the
10    expiration of the term of such office:
11             (1)  The death of the incumbent.
12             (2)  His or her resignation.
13             (3)  His  or  her  becoming  a  person  under  legal
14        disability.
15             (4)  His  or  her ceasing to be an inhabitant of the
16        State; or if the office is local, his or her  ceasing  to
17        be  an  inhabitant  of  the  district,  county,  town, or
18        precinct for which he or she was elected; provided,  that
19        the  provisions  of  this  paragraph  shall  not apply to
20        township officers whose township boundaries  are  changed
21        in  accordance  with  Section 10-20 of the Township Code,
22        nor to township or multi-township assessors elected under
23        Sections 2-5 through 2-15 of the Property Tax Code.
24             (5)  His or her conviction of an infamous crime,  or
25        of any offense involving a violation of official oath.
26             (6)  His or her removal from office.
27             (7)  His  or  her  refusal or neglect to take his or
28        her oath of office, or  to  give  or  renew  his  or  her
29        official  bond,  or  to deposit or file such oath or bond
30        within the time prescribed by law.
31             (8)  The decision of a competent tribunal  declaring
 
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 1        his or her election void.
 2        No  elective office, except as herein otherwise provided,
 3    shall become vacant until the successor of the  incumbent  of
 4    such  office  has  been appointed or elected, as the case may
 5    be, and qualified.
 6        An unconditional resignation, effective at a future date,
 7    may not be withdrawn after it  is  received  by  the  officer
 8    authorized  to  fill  the  vacancy.   Such  resignation shall
 9    create a vacancy in office for the purpose of determining the
10    time period which would require an election.   The  resigning
11    office holder may continue to hold such office until the date
12    or event specified in such resignation, but no later than the
13    date at which his or her successor is elected and qualified.
14        An  admission  of guilt of a criminal offense that would,
15    upon conviction, disqualify the holder of an elective  office
16    from  holding that office, in the form of a written agreement
17    with State or  federal  prosecutors  to  plead  guilty  to  a
18    felony, bribery, perjury, or other infamous crime under State
19    or  federal  law,  shall  constitute  a resignation from that
20    office, effective at the time the plea agreement is made.
21        For purposes of this Section, a conviction for an offense
22    that disqualifies the  holder  of  an  elective  office  from
23    holding  that office shall occur on the date of the return of
24    a guilty verdict or, in the case of a trial by the court, the
25    entry of a finding of guilt.
26        This Section does not apply to any elected  or  appointed
27    officers or officials of municipalities.
28    (Source: P.A. 90-707, eff. 8-7-98.)

29        Section  10.  The  Illinois  Municipal Code is amended by
30    changing Sections 3.1-10-5 and 3.1-10-50 as follows:

31        (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
32        Sec. 3.1-10-5.  Qualifications; elective office.
 
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 1        (a)  A person is not eligible for an  elective  municipal
 2    office  unless  that  person  is  a  qualified elector of the
 3    municipality and has resided in the municipality at least one
 4    year next preceding the election.
 5        (b)  A person is not eligible for an  elective  municipal
 6    office  if  that person is in arrears in the payment of a tax
 7    or other indebtedness due to the  municipality  or  has  been
 8    convicted  in  any  court located in the United States of any
 9    infamous crime, bribery, perjury, or other felony.
10        (c)  A person is not eligible for the office of  alderman
11    of  a  ward  or  trustee of a district unless that person has
12    resided in the municipality at least one year next  preceding
13    the election or appointment, except as provided in subsection
14    (b) of Section 3.1-25-75.
15    (Source: P.A. 91-667, eff. 6-1-00.)

16        (65 ILCS 5/3.1-10-50)
17        Sec. 3.1-10-50.  Vacancies.
18        (a)  Vacancy by resignation.
19             (1)  An   unconditional  resignation  by  either  an
20        elected official  or  appointed  officer  can  specify  a
21        future  date,  no  longer  than 60 days, at which time it
22        becomes  operative,  but  the  resignation  may  not   be
23        withdrawn  after it is received by the officer authorized
24        to fill the vacancy. The effective date of a  resignation
25        that  does  not specify a future date at which it becomes
26        operative is the date the resignation is received by  the
27        officer  authorized  to  fill  the vacancy. The effective
28        date  of  a  resignation  that  has  a  specified  future
29        effective date is that specified future date.
30             (2)  A resignation that does  not  become  effective
31        unless  a  specified event occurs can be withdrawn at any
32        time prior to the occurrence of the specified event,  but
33        if  not  withdrawn, the effective date of the resignation
 
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 1        is the happening of the specified event.
 2             (3)  For the purpose of determining the time  period
 3        that  would  require  an  election to fill the vacancy by
 4        resignation or the commencement of the 60-day time period
 5        referred to in  paragraph  (e),  the  resignation  of  an
 6        elected officer is deemed to have created a vacancy as of
 7        the effective date of the resignation.
 8             (4)  If  a  written  resignation is delivered to the
 9        clerk of the municipality, the clerk shall forward a true
10        copy of the written resignation to the  official  who  is
11        authorized to fill the vacancy.
12        (b)  Vacancy  by death or disability. A vacancy occurs in
13    an office by reason of death. The date of the  death  may  be
14    established  by  the  date  shown on the death certificate or
15    other evidence. A vacancy occurs in an  office  by  permanent
16    physical  or mental disability rendering the person incapable
17    of performing the duties of his or her office. The  corporate
18    authorities  have  the  authority  to  make the determination
19    whether an official or officer is incapable of performing the
20    duties of his or her office because of a  permanent  physical
21    or  mental  disability.  A finding of mental disability shall
22    not be made prior to the appointment by a court of a guardian
23    ad litem for the official or officer or until a duly licensed
24    doctor certifies, in writing, that the official or officer is
25    mentally impaired to the extent that the official or  officer
26    is unable to effectively perform the duties of the office. If
27    the  corporate  authorities  find  an  official or officer is
28    incapable of performing the duties of his or her  office  due
29    to  permanent  physical  or mental disability, that person is
30    disqualified from that office and the vacancy of that  office
31    occurs on the date of that determination.
32        (c)  Vacancy by other causes.
33             (1)  Abandonment  of  office. A vacancy occurs in an
34        office by reason of abandonment of office,  removal  from
 
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 1        office,  or  failure  to  qualify, or more than temporary
 2        removal of residence from the municipality,  or,  in  the
 3        case of an alderman of a ward or councilman or trustee of
 4        a district, more than temporary removal of residence from
 5        the  ward  or district, as the case may be. The corporate
 6        authorities have the authority  to  determine  whether  a
 7        vacancy  under  this  subsection  has  occurred.  If  the
 8        corporate  authorities  determine  that a vacancy exists,
 9        the office is deemed  vacant  as  of  the  date  of  that
10        determination  for  the  purposes  of  calculation  under
11        subsections (e), (f), and (g).
12             (2)  Admission  of  guilt  of a criminal offense. An
13        admission of guilt of a criminal offense that would, upon
14        conviction, disqualify the municipal officer from holding
15        the office, in the form of a written agreement with State
16        or federal prosecutors  to  plead  guilty  to  a  felony,
17        bribery,  perjury, or other infamous crime under State or
18        federal law, constitutes a resignation from that  office,
19        effective  at  the  time  the plea agreement is made. For
20        purposes of this Section, a  conviction  for  an  offense
21        that  disqualifies  a municipal officer from holding that
22        office occurs on the date  of  the  return  of  a  guilty
23        verdict  or,  in the case of a trial by the court, on the
24        entry of a finding of guilt.
25             (3)  Election declared void. A vacancy occurs on the
26        date of the decision of a  competent  tribunal  declaring
27        the election of the officer or official void.
28        (d)  Election  of  an  acting  mayor  or  president.  The
29    election  of  an acting mayor or acting president pursuant to
30    subsection (f) or (g) does not create a vacancy on  the  city
31    council  or board of trustees, as the case may be, unless the
32    acting mayor or president resigns the position of trustee  or
33    member  of the city council. If the acting mayor or president
34    does resign his or her office as trustee  or  member  of  the
 
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 1    council,  then  that  office  must  be filled pursuant to the
 2    terms of this Section. In that  case,  the  acting  mayor  or
 3    president shall exercise the powers of the mayor or president
 4    and  shall  vote and veto in the manner provided by law for a
 5    mayor or president. If the acting mayor or president does not
 6    resign the position of trustee or member of the council, then
 7    he or she shall exercise the powers of the mayor or president
 8    but shall be entitled to vote only as a trustee or member  of
 9    the  council,  and  shall  not have the power to veto. If the
10    acting mayor or president does not resign his or  her  office
11    as  trustee  or  member  of the council, and if that person's
12    term of office has not expired when a new mayor or  president
13    assumes  that  office,  the  acting  mayor or president shall
14    return to the position as trustee or councilman  to  complete
15    the term of office.
16        (e)  Alderman  vacancy.  An appointment to fill a vacancy
17    in the office of alderman must be made within 60  days  after
18    the vacancy occurs. If the council or board fails to give its
19    advice and consent to an appointment of a qualified person to
20    an elected office other than the office of mayor or president
21    prior  to  the  60th  day  after a vacancy occurs and, if the
22    mayor or president has nominated a minimum of 2  persons  for
23    appointment  and  each person has failed to be confirmed, the
24    mayor or president may  make  a  temporary  appointment  from
25    those  persons  who were nominated but failed to be confirmed
26    by the council or board. The  appointed  person  shall  serve
27    until   an  appointee  has  been  nominated,  confirmed,  and
28    qualified or until a person has been elected and qualified.
29        (f)  Vacancies in municipal offices with 4-year terms. If
30    a vacancy occurs in  an  elective  municipal  office  with  a
31    4-year  term,  there remains an unexpired portion of the term
32    of at least 28 months, and the vacancy occurs  at  least  130
33    days  before  the  general  municipal election next scheduled
34    under the general election law, the vacancy shall  be  filled
 
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 1    for  the  remainder  of  the  term  at that general municipal
 2    election. Whenever an election is held for this purpose,  the
 3    municipal clerk shall certify the office to be filled and the
 4    candidates  for the office to the proper election authorities
 5    as provided in the general election law. If the vacancy is in
 6    the office of mayor, the city  council  shall  elect  one  of
 7    their  members  acting mayor; if the vacancy is in the office
 8    of president, the vacancy shall be filled by the  appointment
 9    by  the  trustees  of an acting president from the members of
10    the board of trustees. In villages with a population of  less
11    than  5,000,  if each of the members of the board of trustees
12    either declines the appointment as acting president or is not
13    approved for the  appointment  by  a  majority  vote  of  the
14    trustees presently holding office, then the board of trustees
15    may  appoint, as acting president, any other village resident
16    who is qualified to hold municipal office. If the vacancy  is
17    in  any  other  elective  municipal  office,  then, until the
18    office is filled by election, the  mayor  or  president  must
19    appoint  a  qualified  person  to  the  office subject to the
20    advice and consent of the city council or trustees.
21        (g)  Vacancies in municipal offices  with  2-year  terms;
22    vacancies in 4-year term offices occurring less than 130 days
23    before  the  next  scheduled  municipal election. In a 2-year
24    term or, if the vacancy occurs later than the  time  provided
25    in  subsection  (f) in a 4-year term, a vacancy in the office
26    of mayor must be filled by the corporate authorities electing
27    one of their members as acting mayor. If the  vacancy  is  in
28    the  office  of president, the vacancy shall be filled by the
29    appointment by the trustees of an acting president  from  the
30    members  of  the  board  of  trustees.  In  villages  with  a
31    population  of less than 5,000, if each of the members of the
32    board of trustees either declines the appointment  as  acting
33    president  or  is  not  approved  for  the  appointment  by a
34    majority vote of the trustees presently holding office,  then
 
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 1    the  board  of  trustees  may appoint as acting president any
 2    other village resident who is  qualified  to  hold  municipal
 3    office.  The  acting  mayor or acting president shall perform
 4    the duties and possess all the rights and powers of the mayor
 5    or president until a mayor or president  is  elected  at  the
 6    next  general municipal election and has qualified. A vacancy
 7    in any elective office other than mayor or president must  be
 8    filled  by appointment by the mayor or president, with advice
 9    and consent of the corporate authorities.
10    (a)  A municipal officer may resign from  office.  A  vacancy
11    occurs  in  an  office  by  reason of resignation, failure to
12    elect or qualify (in which case the incumbent shall remain in
13    office  until  the  vacancy  is  filled),  death,   permanent
14    physical  or mental disability rendering the person incapable
15    of performing the duties of his or her office, conviction  of
16    a  disqualifying  crime,  abandonment of office, removal from
17    office, or removal of residence from the municipality or,  in
18    the  case  of  aldermen  of a ward or trustees of a district,
19    removal of residence from the ward or district, as  the  case
20    may  be.  An  admission  of  guilt of a criminal offense that
21    would, upon conviction, disqualify the municipal officer from
22    holding that office, in the form of a written agreement  with
23    State  or  federal  prosecutors  to plead guilty to a felony,
24    bribery, perjury, or other  infamous  crime  under  State  or
25    federal law, shall constitute a resignation from that office,
26    effective  at  the  time  the  plea  agreement  is made.  For
27    purposes of this Section, a conviction for  an  offense  that
28    disqualifies  the  municipal officer from holding that office
29    shall occur on the date of the return of a guilty verdict or,
30    in the case of a trial by the court, the entry of  a  finding
31    of guilt.
32        (b)  If  a vacancy occurs in an elective municipal office
33    with a 4-year term and there remains an unexpired portion  of
34    the  term  of  at  least 28 months, and the vacancy occurs at
 
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 1    least 130 days before the  general  municipal  election  next
 2    scheduled  under  the general election law, the vacancy shall
 3    be filled for the remainder  of  the  term  at  that  general
 4    municipal  election.   Whenever  an election is held for this
 5    purpose, the municipal clerk shall certify the office  to  be
 6    filled  and  the  candidates  for  the  office  to the proper
 7    election authorities as provided in the general election law.
 8    If the vacancy is in the office of mayor,  the  city  council
 9    shall elect one of their members acting mayor; if the vacancy
10    is in the office of president, the vacancy shall be filled by
11    the  appointment  by the trustees of an acting president from
12    the members of the board of  trustees.  In  villages  with  a
13    population  of less than 5,000, if each of the members of the
14    board of trustees either declines the appointment  as  acting
15    president  or  is  not  approved  for  the  appointment  by a
16    majority vote of the trustees presently holding office,  then
17    the  board  of  trustees  may appoint as acting president any
18    other  village resident who is qualified  to  hold  municipal
19    office.  The  acting  mayor or acting president shall perform
20    the duties and possess all the rights and powers of the mayor
21    or president until a successor to fill the vacancy  has  been
22    elected  and  has  qualified.  If the vacancy is in any other
23    elective municipal office, then until the office is filled by
24    election, the mayor or president shall  appoint  a  qualified
25    person to the office subject to the advice and consent of the
26    city council or trustees.
27        (c)  In  a  2  year  term, or if the vacancy occurs later
28    than the time provided in subsection (b) in a 4 year term,  a
29    vacancy  in  the  office  of  mayor  shall  be  filled by the
30    corporate authorities electing one of  their  members  acting
31    mayor;  if  the  vacancy  is  in the office of president, the
32    vacancy shall be filled by the appointment by the trustees of
33    an  acting  president  from  the  members  of  the  board  of
34    trustees. In villages with a population of less  than  5,000,
 
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 1    if  each  of  the  members  of  the  board of trustees either
 2    declines the  appointment  as  acting  president  or  is  not
 3    approved  for  the  appointment  by  a  majority  vote of the
 4    trustees presently holding office, then the board of trustees
 5    may appoint as acting president any other   village  resident
 6    who  is  qualified to hold municipal office. The acting mayor
 7    or acting president shall perform the duties and possess  all
 8    the rights and powers of the mayor or president until a mayor
 9    or  president  is  elected  at  the  next  general  municipal
10    election and has qualified.  A vacancy in any elective office
11    other  than mayor or president shall be filled by appointment
12    by the mayor or president, with the advice and consent of the
13    corporate authorities.
14        (d)  Municipal officers appointed or elected  under  this
15    Section  shall hold office until their successors are elected
16    and have qualified.
17        (e)  An appointment to fill a vacancy in  the  office  of
18    alderman  shall  be  made  within  60  days after the vacancy
19    occurs.  The requirement that an appointment be  made  within
20    60  days  is an exclusive power and function of the State and
21    is a denial and limitation  under  Article  VII,  Section  6,
22    subsection (h) of the Illinois Constitution of the power of a
23    home rule municipality to require that an appointment be made
24    within a different period after the vacancy occurs.
25    (Source: P.A.  90-429,  eff.  8-15-97;  90-707,  eff. 8-7-98;
26    91-357, eff. 7-29-99.)

27        Section 99.  Effective date.  This Act  takes  effect  on
28    January 1, 2004.