Bill Text: IL HB3755 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Provides that "unless otherwise specified" in another provision of the Illinois Municipal Code, an elective office becomes vacant in a municipality with a population of under 500,000 if certain specified events occur.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB3755 Detail]

Download: Illinois-2009-HB3755-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3755 Introduced 2/25/2009, by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED:
65 ILCS 5/3.1-10-50
Amends the Illinois Municipal Code. Provides that "unless otherwise specified" in another provision of the Illinois Municipal Code, an elective office becomes vacant in a municipality with a population of under 500,000 if certain specified events occur.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 3.1-10-50 as follows:
(65 ILCS 5/3.1-10-50)
Sec. 3.1-10-50. Events upon which an elective office
becomes vacant in municipality with population under 500,000.
Unless otherwise specified in another provision of this Code,
an elective office becomes vacant in a municipality with a
population of under 500,000 if any of the following events
occur.
(a) Vacancy by resignation. A resignation is not effective
unless it is in writing, signed by the person holding the
elective office, and notarized.
(1) Unconditional resignation. An unconditional
resignation by a person holding the elective office may
specify a future date, not later than 60 days after the
date the resignation is received by the officer authorized
to fill the vacancy, at which time it becomes operative,
but the resignation may not be withdrawn after it is
received by the officer authorized to fill the vacancy. The
effective date of a resignation that does not specify a

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future date at which it becomes operative is the date the
resignation is received by the officer authorized to fill
the vacancy. The effective date of a resignation that has a
specified future effective date is that specified future
date or the date the resignation is received by the officer
authorized to fill the vacancy, whichever date occurs
later.
(2) Conditional resignation. A resignation that does
not become effective unless a specified event occurs can be
withdrawn at any time prior to the occurrence of the
specified event, but if not withdrawn, the effective date
of the resignation is the date of the occurrence of the
specified event or the date the resignation is received by
the officer authorized to fill the vacancy, whichever date
occurs later.
(3) Vacancy upon the effective date. For the purpose of
determining the time period that would require an election
to fill the vacancy by resignation or the commencement of
the 60-day time period referred to in subsection (e), the
resignation of an elected officer is deemed to have created
a vacancy as of the effective date of the resignation.
(4) Duty of the clerk. If a resignation is delivered to
the clerk of the municipality, the clerk shall forward a
certified copy of the written resignation to the official
who is authorized to fill the vacancy within 7 business
days after receipt of the resignation.

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(b) Vacancy by death or disability. A vacancy occurs in an
office by reason of the death of the incumbent. The date of the
death may be established by the date shown on the death
certificate. A vacancy occurs in an office by permanent
physical or mental disability rendering the person incapable of
performing the duties of the office. The corporate authorities
have the authority to make the determination whether an officer
is incapable of performing the duties of the office because of
a permanent physical or mental disability. A finding of mental
disability shall not be made prior to the appointment by a
court of a guardian ad litem for the officer or until a duly
licensed doctor certifies, in writing, that the officer is
mentally impaired to the extent that the officer is unable to
effectively perform the duties of the office. If the corporate
authorities find that an officer is incapable of performing the
duties of the office due to permanent physical or mental
disability, that person is removed from the office and the
vacancy of the office occurs on the date of the determination.
(c) Vacancy by other causes.
(1) Abandonment and other causes. A vacancy occurs in
an office by reason of abandonment of office; removal from
office; or failure to qualify; or more than temporary
removal of residence from the municipality; or in the case
of an alderman of a ward or councilman or trustee of a
district, more than temporary removal of residence from the
ward or district, as the case may be. The corporate

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authorities have the authority to determine whether a
vacancy under this subsection has occurred. If the
corporate authorities determine that a vacancy exists, the
office is deemed vacant as of the date of that
determination for all purposes including the calculation
under subsections (e), (f), and (g).
(2) Guilty of a criminal offense. An admission of guilt
of a criminal offense that upon conviction would disqualify
the municipal officer from holding the office, in the form
of a written agreement with State or federal prosecutors to
plead guilty to a felony, bribery, perjury, or other
infamous crime under State or federal law, constitutes a
resignation from that office, effective on the date the
plea agreement is made. For purposes of this Section, a
conviction for an offense that disqualifies a municipal
officer from holding that office occurs on the date of the
return of a guilty verdict or, in the case of a trial by
the court, on the entry of a finding of guilt.
(3) Election declared void. A vacancy occurs on the
date of the decision of a competent tribunal declaring the
election of the officer void.
(d) Election of an acting mayor or acting president. The
election of an acting mayor or acting president pursuant to
subsection (f) or (g) does not create a vacancy in the original
office of the person on the city council or as a trustee, as
the case may be, unless the person resigns from the original

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office following election as acting mayor or acting president.
If the person resigns from the original office following
election as acting mayor or acting president, then the original
office must be filled pursuant to the terms of this Section and
the acting mayor or acting president shall exercise the powers
of the mayor or president and shall vote and have veto power in
the manner provided by law for a mayor or president. If the
person does not resign from the original office following
election as acting mayor or acting president, then the acting
mayor or acting president shall exercise the powers of the
mayor or president but shall be entitled to vote only in the
manner provided for as the holder of the original office and
shall not have the power to veto. If the person does not resign
from the original office following election as acting mayor or
acting president, and if that person's original term of office
has not expired when a mayor or president is elected and has
qualified for office, the acting mayor or acting-president
shall return to the original office for the remainder of the
term thereof.
(e) Appointment to fill alderman or trustee vacancy. An
appointment by the mayor or president or acting mayor or acting
president, as the case may be, of a qualified person as
described in Section 3.1-10-5 of this Code to fill a vacancy in
the office of alderman or trustee must be made within 60 days
after the vacancy occurs. Once the appointment of the qualified
person has been forwarded to the corporate authorities, the

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corporate authorities shall act upon the appointment within 30
days. If the appointment fails to receive the advice and
consent of the corporate authorities within 30 days, the mayor
or president or acting mayor or acting president shall appoint
and forward to the corporate authorities a second qualified
person as described in Section 3.1-10-5. Once the appointment
of the second qualified person has been forwarded to the
corporate authorities, the corporate authorities shall act
upon the appointment within 30 days. If the appointment of the
second qualified person also fails to receive the advice and
consent of the corporate authorities, then the mayor or
president or acting mayor or acting president, without the
advice and consent of the corporate authorities, may make a
temporary appointment from those persons who were appointed but
whose appointments failed to receive the advice and consent of
the corporate authorities. The person receiving the temporary
appointment shall serve until an appointment has received the
advice and consent and the appointee has qualified or until a
person has been elected and has qualified, whichever first
occurs.
(f) Election to fill vacancies in municipal offices with
4-year terms. If a vacancy occurs in an elective municipal
office with a 4-year term and there remains an unexpired
portion of the term of at least 28 months, and the vacancy
occurs at least 130 days before the general municipal election
next scheduled under the general election law, then the vacancy

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shall be filled for the remainder of the term at that general
municipal election. Whenever an election is held for this
purpose, the municipal clerk shall certify the office to be
filled and the candidates for the office to the proper election
authorities as provided in the general election law. If a
vacancy occurs with less than 28 months remaining in the
unexpired portion of the term or less than 130 days before the
general municipal election, then:
(1) Mayor or president. If the vacancy is in the office
of mayor or president, the vacancy must be filled by the
corporate authorities electing one of their members as
acting mayor or acting president. Except as set forth in
subsection (d), the acting mayor or acting president shall
perform the duties and possess all the rights and powers of
the mayor or president until a mayor or president is
elected at the next general municipal election and has
qualified. However, in villages with a population of less
than 5,000, if each of the trustees either declines the
election as acting president or is not elected by a
majority vote of the trustees presently holding office,
then the trustees may elect, as acting president, any other
village resident who is qualified to hold municipal office,
and the acting president shall exercise the powers of the
president and shall vote and have veto power in the manner
provided by law for a president.
(2) Alderman or trustee. If the vacancy is in the

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office of alderman or trustee, the vacancy must be filled
by the mayor or president or acting mayor or acting
president, as the case may be, in accordance with
subsection (e).
(3) Other elective office. If the vacancy is in any
elective municipal office other than mayor or president or
alderman or trustee, the mayor or president or acting mayor
or acting president, as the case may be, must appoint a
qualified person to hold the office until the office is
filled by election, subject to the advice and consent of
the city council or the board of trustees, as the case may
be.
(g) Vacancies in municipal offices with 2-year terms. In
the case of an elective municipal office with a 2-year term, if
the vacancy occurs at least 130 days before the general
municipal election next scheduled under the general election
law, the vacancy shall be filled for the remainder of the term
at that general municipal election. If the vacancy occurs less
than 130 days before the general municipal election, then:
(1) Mayor or president. If the vacancy is in the office
of mayor or president, the vacancy must be filled by the
corporate authorities electing one of their members as
acting mayor or acting president. Except as set forth in
subsection (d), the acting mayor or acting president shall
perform the duties and possess all the rights and powers of
the mayor or president until a mayor or president is

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elected at the next general municipal election and has
qualified. However, in villages with a population of less
than 5,000, if each of the trustees either declines the
election as acting president or is not elected by a
majority vote of the trustees presently holding office,
then the trustees may elect, as acting president, any other
village resident who is qualified to hold municipal office,
and the acting president shall exercise the powers of the
president and shall vote and have veto power in the manner
provided by law for a president.
(2) Alderman or trustee. If the vacancy is in the
office of alderman or trustee, the vacancy must be filled
by the mayor or president or acting mayor or acting
president, as the case may be, in accordance with
subsection (e).
(3) Other elective office. If the vacancy is in any
elective municipal office other than mayor or president or
alderman or trustee, the mayor or president or acting mayor
or acting president, as the case may be, must appoint a
qualified person to hold the office until the office is
filled by election, subject to the advice and consent of
the city council or the board of trustees, as the case may
be.
(h) In cases of vacancies arising by reason of an election
being declared void pursuant to paragraph (3) of subsection
(c), persons holding elective office prior thereto shall hold

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office until their successors are elected and qualified or
appointed and confirmed by advice and consent, as the case may
be.
(i) This Section applies only to municipalities with
populations under 500,000.
(Source: P.A. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)