Bill Text: IL HB4355 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Provides that no later than 30 days after the effective date of the amendatory Act, the corporate authorities of a municipality with a population of fewer than 40,000 inhabitants in which alderpersons or trustees are elected for 2-year terms shall adopt an ordinance providing that, at the first election of alderpersons or trustees that occurs after July 1, 2022 (if the effective date of the amendatory Act is on or before July 1, 2022) or July 1, 2023 (if the effective date of the amendatory Act is after July 1, 2022), one alderperson or trustee shall be elected from each even-numbered ward for a 2-year term and one alderperson or trustee shall be elected from each odd-numbered ward for a 4-year term, after which their successors shall be elected for 4-year terms. Provides that, if the municipality elects its alderpersons or trustees from at-large districts, then one-half of the alderpersons or trustees (plus one if there is an odd number of alderpersons or trustees) shall be elected to a 2-year term and one-half shall be elected to a 4-year term, after which their successors shall be elected to 4-year terms. Prohibits municipalities from reducing the length of the terms from 4 years to 2 years. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - Referred to Rules Committee [HB4355 Detail]

Download: Illinois-2021-HB4355-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4355 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
65 ILCS 5/3.1-10-65 from Ch. 24, par. 3.1-10-65
65 ILCS 5/3.1-10-75 from Ch. 24, par. 3.1-10-75
65 ILCS 5/3.1-15-40 from Ch. 24, par. 3.1-15-40
65 ILCS 5/3.1-20-22 from Ch. 24, par. 3.1-20-22
Amends the Illinois Municipal Code. Provides that no later than 30 days after the effective date of the amendatory Act, the corporate authorities of a municipality with a population of fewer than 40,000 inhabitants in which alderpersons or trustees are elected for 2-year terms shall adopt an ordinance providing that, at the first election of alderpersons or trustees that occurs after July 1, 2022 (if the effective date of the amendatory Act is on or before July 1, 2022) or July 1, 2023 (if the effective date of the amendatory Act is after July 1, 2022), one alderperson or trustee shall be elected from each even-numbered ward for a 2-year term and one alderperson or trustee shall be elected from each odd-numbered ward for a 4-year term, after which their successors shall be elected for 4-year terms. Provides that, if the municipality elects its alderpersons or trustees from at-large districts, then one-half of the alderpersons or trustees (plus one if there is an odd number of alderpersons or trustees) shall be elected to a 2-year term and one-half shall be elected to a 4-year term, after which their successors shall be elected to 4-year terms. Prohibits municipalities from reducing the length of the terms from 4 years to 2 years. Effective immediately.
LRB102 22697 AWJ 31843 b
A BILL FOR
HB4355 LRB102 22697 AWJ 31843 b
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 Sections 3.1-10-65, 3.1-10-75, 3.1-15-40, and
3.1-20-22 as follows:
(65 ILCS 5/3.1-10-65) (from Ch. 24, par. 3.1-10-65)
Sec. 3.1-10-65. Referendum to reduce terms.
(a) Except as otherwise provided in subsection (c), in In
any municipality of less than 500,000 inhabitants, a
proposition to reduce the terms of the elective officers of
the municipality from 4 years to 2 years may be submitted,
within the discretion of the corporate authorities, to the
electors of the municipality. The proposition shall also be
submitted if a petition requesting that action is signed by
electors of the municipality numbering not less than 10% of
the total vote cast at the last election for mayor or president
of the municipality and the petition is filed with the
municipal clerk and certified in accordance with the general
election law. The proposition shall be substantially in the
following form:
Shall the term of the elective officers of (name of
municipality) be reduced from 4 years to 2 years?

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(b) If a majority of the electors voting on the
proposition vote against it, the terms of the officers shall
remain 4 years. If, however, a majority of those voting on the
proposition vote in favor of it, the officers elected at the
next regular election for officers in the municipality shall
hold their offices for a term of 2 years and until their
successors are elected and have qualified, except in the case
of trustees and alderpersons. In the case of alderpersons and
trustees: (i) at the first election of alderpersons or
trustees that occurs in an odd numbered year following the
vote to reduce the length of terms, successors to alderpersons
or trustees whose terms expire in that year shall be elected
for a term of one year and until their successors are elected
and have qualified and (ii) thereafter, one-half of the
alderpersons or trustees shall be elected each year for terms
of 2 years and until their successors are elected and have
qualified.
(c) No later than 30 days after the effective date of this
amendatory Act of the 102nd General Assembly, the corporate
authorities of a municipality with a population of fewer than
40,000 inhabitants in which alderpersons or trustees are
elected for 2-year terms shall adopt an ordinance providing
that, at the first election of alderpersons or trustees that
occurs after July 1, 2022 (if the effective date of this
amendatory Act of the 102nd General Assembly is on or before
July 1, 2022) or July 1, 2023 (if the effective date of this

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amendatory Act of the 102nd General Assembly is after July 1,
2022), one alderperson or trustee shall be elected from each
even-numbered ward for a 2-year term and one alderperson or
trustee shall be elected from each odd-numbered ward for a
4-year term, after which their successors shall be elected for
4-year terms. If the municipality elects its alderpersons or
trustees from at-large districts, then one-half of the
alderpersons or trustees (plus one if there is an odd number of
alderpersons or trustees) shall be elected to a 2-year term
and one-half shall be elected to a 4-year term, after which
their successors shall be elected to 4-year terms.
Notwithstanding the provisions of subsections (a) and (b),
on and after the effective date of this amendatory Act of the
102nd General Assembly, a municipality with a population of
fewer than 40,000 may not reduce the length of terms of the
alderpersons or trustees of the municipality from 4 years to 2
years by referendum or otherwise.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-10-75) (from Ch. 24, par. 3.1-10-75)
Sec. 3.1-10-75. Referendum to lengthen terms.
(a) Except as otherwise provided in subsection (c), in In
any municipality of less than 500,000 inhabitants that, under
Section 3.1-10-65, has voted to shorten the terms of elective
officers, a proposition to lengthen the terms of the elective
officers of the municipality from 2 years to 4 years may be

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submitted, within the discretion of the corporate authorities,
to the electors of the municipality. The proposition shall be
certified by the municipal clerk to the appropriate election
authorities, who shall submit the proposition at an election
in accordance with the general election law. The proposition
shall also be submitted at an election if a petition
requesting that action is signed by electors of the
municipality numbering not less than 10% of the total vote
cast at the last election for mayor or president of the
municipality and the petition is filed with the municipal
clerk. The proposition shall be substantially in the following
form:
Shall the term of the elective officers of (name of
municipality) be lengthened from 2 years to 4 years?
(b) If a majority of the electors voting on the
proposition vote against it, the terms of the officers shall
remain 2 years. If, however, a majority of those voting on the
proposition vote in favor of it, the officers elected at the
next regular election for officers in the municipality shall
hold their offices for a term of 4 years and until their
successors are elected and have qualified, except in the case
of trustees and alderpersons. In the case of alderpersons and
trustees: (i) if the first election for alderpersons or
trustees, after approval of the proposition, occurs in an even
numbered year, the alderpersons or trustees elected in that
even numbered year shall serve for terms of 3 years and until

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their successors are elected and have qualified, the terms for
successors to those elected at the first even numbered year
election shall be 4 years and until successors are elected and
have qualified, the alderpersons or trustees elected at the
first odd numbered year election next following the first even
numbered year election shall serve for terms of 4 years and
until successors are elected and have qualified, and
successors elected after the first odd numbered year shall
also serve 4 year terms and until their successors are elected
and have qualified and (ii) if the first election for
alderpersons or trustees, after approval of the proposition,
occurs in an odd numbered year, the alderpersons or trustees
elected in that odd numbered year shall serve for terms of 4
years and until their successors are elected and have
qualified, the terms for successors to those elected at the
first odd numbered year election shall be for 4 years and until
successors are elected and have qualified, the alderpersons or
trustees elected at the first even numbered year election next
following the first odd numbered year election shall serve for
terms of one year and until their successors are elected and
have qualified, and the terms for successors to those elected
at the first odd numbered year election shall be 4 years and
until their successors are elected and have qualified.
(c) Notwithstanding the provisions of subsections (a) and
(b), no later than 30 days after the effective date of this
amendatory Act of the 102nd General Assembly, the corporate

HB4355 - 6 - LRB102 22697 AWJ 31843 b
authorities of a municipality with a population of fewer than
40,000 inhabitants in which alderpersons or trustees are
elected for 2-year terms shall adopt an ordinance providing
that, at the first election of alderpersons or trustees that
occurs after July 1, 2022 (if the effective date of this
amendatory Act of the 102nd General Assembly is on or before
July 1, 2022) or July 1, 2023 (if the effective date of this
amendatory Act of the 102nd General Assembly is after July 1,
2022), one alderperson or trustee shall be elected from each
even-numbered ward for a 2-year term and one alderperson or
trustee shall be elected from each odd-numbered ward for a
4-year term, after which their successors shall be elected for
4-year terms. If the municipality elects its alderpersons or
trustees from at-large districts, then one-half of the
alderpersons or trustees (plus one if there is an odd number of
alderpersons or trustees) shall be elected to a 2-year term
and one-half shall be elected to a 4-year term, after which
their successors shall be elected to 4-year terms.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-15-40) (from Ch. 24, par. 3.1-15-40)
Sec. 3.1-15-40. Staggered elections under minority plans.
In a municipality with a population of fewer than 40,000, the
corporate authorities shall, no later than 30 days after the
effective date of this amendatory Act of the 102nd General
Assembly, provide by ordinance that that at any ensuing

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general municipal election for city officers the alderpersons
in every alternate district shall be elected for one term of 2
years and, at the expiration of that term of 2 years, for
regular terms of 4 years. If the municipality elects its
alderpersons or trustees from at-large districts, then
one-half of the alderpersons or trustees (plus one if there is
an odd number of alderpersons or trustees) shall be elected to
a 2-year term and one-half shall be elected to a 4-year term,
after which their successors shall be elected to 4-year terms.
In all other cities that adopt or have adopted the minority
representation plan for the election of alderpersons and have
not already staggered the terms of their alderpersons, the
city council may provide by ordinance that at any ensuing
general municipal election for city officers the alderpersons
in every alternate district shall be elected for one term of 2
years and, at the expiration of that term of 2 years, for
regular terms of 4 years. This Section does not prohibit a city
from voting in favor of a 2 year term for city officers as
provided in Section 3.1-10-65. The provisions of the general
election law shall govern elections under this Section.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)
Sec. 3.1-20-22. Alderpersons; staggered terms.
(a) Except as otherwise provided in subsection (b), in In
any city of less than 100,000 inhabitants, a proposition to

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stagger the terms of alderpersons, with as nearly as possible
one-half of the alderpersons elected every 2 years, shall be
certified by the city clerk to the proper election authority,
who shall submit the proposition at an election in accordance
with the general election law, if a petition requesting that
action is signed by electors of the city numbering at least 10%
of the total vote cast at the last election for mayor of the
city and is filed with the city clerk.
The ballot shall have printed on it, but not as a part of
the proposition submitted, the following information for
voters: one alderperson elected from each even-numbered ward
shall serve a term of 2 years; one alderperson elected from
each odd-numbered ward shall serve a term of 4 years.
The proposition shall be substantially in the following
form:
Shall (name of city) adopt a system of staggered terms
for alderpersons?
If a majority of those voting on the proposition vote in
favor of it, then at the next regular election for
alderpersons one alderperson shall be elected from each
even-numbered ward for a term of 2 years and one alderperson
shall be elected from each odd-numbered ward for a term of 4
years. Thereafter, their successors shall be elected for terms
of 4 years.
(b) In a municipality with a population of fewer than
40,000, no later than 30 days after the effective date of this

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amendatory Act of the 102nd General Assembly, the corporate
authorities of the municipality shall adopt an ordinance
providing that, at the first election of alderpersons that
occurs after July 1, 2022 (if the effective date of this
amendatory Act of the 102nd General Assembly is on or before
July 1, 2022) or July 1, 2023 (if the effective date of this
amendatory Act of the 102nd General Assembly is after July 1,
2022), one alderperson shall be elected from each
even-numbered ward for a 2-year term and one alderperson shall
be elected from each odd-numbered ward for a 4-year term,
after which their successors shall be elected for 4-year
terms. If the municipality elects its alderpersons or trustees
from at-large districts, then one-half of the alderpersons or
trustees (plus one if there is an odd number of alderpersons or
trustees) shall be elected to a 2-year term and one-half shall
be elected to a 4-year term, after which their successors
shall be elected to 4-year terms.
(Source: P.A. 102-15, eff. 6-17-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.