Bill Amendment: IL SB0225 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ELECTIONS-TECH

Status: 2019-01-09 - Session Sine Die [SB0225 Detail]

Download: Illinois-2017-SB0225-Senate_Amendment_001.html

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Sen. Terry Link

Filed: 7/20/2017

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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

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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

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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

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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

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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

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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

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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.)

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