Bill Amendment: IL SB2289 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ELECTIONS-VACANCY APPOINTMENT

Status: 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB2289 Detail]

Download: Illinois-2023-SB2289-Senate_Amendment_001.html

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Sen. Sue Rezin

Filed: 3/3/2023

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AMENDMENT TO SENATE BILL 2289
AMENDMENT NO. ______. Amend Senate Bill 2289 by replacing
everything after the enacting clause with the following:
"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. Except as otherwise provided in this
paragraph, 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

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vacancy shall be filled within 60 days by appointment of the
chair of the county board or board of county commissioners
with the advice and consent of the county board or board of
county commissioners. In a county In counties other than
Champaign County operating under the county executive form of
government under Division 2-5 of the Counties Code, when a
vacancy occurs in an elected county office other than in the
office of an elected member of the county board, the county
executive shall declare that such vacancy exists and then
notification of the vacancy shall be given to the county
central committee of each established political party within 3
days of the occurrence of the vacancy, and the vacancy shall be
filled within 60 days by appointment of the county executive
with the advice and consent of the county board. However, when
a vacancy occurs in the office of an elected member of the
county board in a county other than Champaign County that is
operating under the county executive form of government under
Division 2-5 of the Counties Code, the elected county board
speaker or county board chair, as the case may be, shall
declare that such vacancy exists and then notification shall
be given to the appropriate county board district committee of
each established political party within 3 days of the
occurrence of the vacancy, and the vacancy shall be filled
within 60 days by appointment of the elected county board
speaker or county board chair, as the case may be, with the
advice and consent of the county board. In Champaign County

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while operating under the county executive form of government
under Division 2-5 of the Counties Code, when a vacancy occurs
in an elected county office or in the office of an elected
member of the county board, the elected county board speaker
or county board chair, as the case may be, shall declare that
such vacancy exists and then notification shall be given to
the county central committee or the appropriate county board
district committee of each established political party within
3 days of the occurrence of the vacancy; and the vacancy shall
be filled within 60 days by appointment of the elected county
board speaker or county board chair, as the case may be, with
the advice and consent of the county board. In counties in
which forest preserve district commissioners are elected by
districts and are not also members of the county board,
however, vacancies in the office of forest preserve district
commissioner shall be filled within 60 days by appointment of
the president of the forest preserve district board of
commissioners with the advice and consent of the forest
preserve district board of commissioners. In counties in which
the forest preserve district president is not also a member of
the county board, vacancies in the office of forest preserve
district president shall be filled within 60 days by the
forest preserve district board of commissioners by appointing
one of the commissioners to serve as president. 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

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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, 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.
For any vacancy in any elective office filled under this
Section, the appointee shall be a member of the same political
party as the person he or she succeeds was at the time of his
or her election and shall be otherwise eligible to serve.
(Source: P.A. 102-1120, eff. 1-23-23.)
Section 10. The Counties Code is amended by changing

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Section 2-5009 as follows:
(55 ILCS 5/2-5009) (from Ch. 34, par. 2-5009)
Sec. 2-5009. Duties and powers of county executive. Any
county executive elected under this Division shall:
(a) see that all of the orders, resolutions and
regulations of the board are faithfully executed;
(b) coordinate and direct by executive order or otherwise
all administrative and management functions of the county
government except the offices of elected county officers;
(b-5) control the internal operations of the county
executive's office and procure the necessary equipment,
materials, and services to perform the duties of that office;
(c) prepare and submit to the board for its approval the
annual budget for the county required by Division 6-1 of this
Code;
(d) appoint, with the advice and consent of the board,
persons to serve on the various boards and commissions to
which appointments are provided by law to be made by the board;
(d-5) make appointments to fill vacancies occurring in the
office of an elected county officer other than the office of an
elected member of the county board in accordance with Section
25-11 of the Election Code in counties, other than Champaign
County, operating under the county executive form of
government under this Division;
(e) appoint, with the advice and consent of the board,

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persons to serve on various special districts within the
county except where appointment to serve on such districts is
otherwise provided by law;
(e-5) except as otherwise provided by law, remove or
suspend, in the county executive's discretion and after notice
and hearing, anyone whom the county executive has the power to
appoint under subsection (d) or (e);
(f) make an annual report to the board on the affairs of
the county, on such date and at such time as the board shall
designate, and keep the board fully advised as to the
financial condition of the county and its future financial
needs;
(f-5) appoint, with the advice and consent of the board,
all department heads for any county departments;
(g) hire such subordinate deputies, employees and
appointees for the general administration of county affairs as
considered necessary, except those deputies, employees and
appointees in the office of an elected county officer or
county board member;
(h) except as otherwise provided by law, remove or
suspend, in the discretion of the county executive, department
heads for a county department and anyone whom the county
executive has the power to hire under subsection (g);
(i) require reports and examine accounts, records and
operations of all county administrative units;
(j) supervise the care and custody of all county property

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including institutions and agencies;
(k) approve or veto ordinances or resolutions pursuant to
Section 2-5010;
(l) preside over board meetings; however, the county
executive is not entitled to vote except to break a tie vote;
(l-5) for a county executive of a county that has adopted
the executive form of government on or before the effective
date of this amendatory Act of the 96th General Assembly, if
the County Executive is temporarily not available to preside
over a board meeting, the County Executive shall designate a
board member to preside over the board meeting;
(m) call a special meeting of the county board, by a
written executive order signed by the county executive and
upon 24 hours notice by delivery of a copy of such order to the
residence of each board member;
(n) with the advice and consent of the county board, enter
into intergovernmental agreements with other governmental
units;
(o) with the advice and consent of the county board,
negotiate on behalf of the county with governmental units and
the private sector for the purpose of promoting economic
growth and development;
(p) at the discretion of the county executive, appoint a
person to serve as legal counsel at an annual salary no greater
than the annual salary of the state's attorney of the county;
(q) perform such other duties as shall be required of the

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county executive by the board.
(Source: P.A. 102-1120, eff. 1-23-23.)".