Bill Text: IL SB0825 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Amends the Election Code. Provides dates for the 2022 general primary election and dates to prepare for the 2022 general election. Repeals the provisions on January 1, 2023. Provides that in a county with a population of less than 3,000,000, the sheriff may establish a temporary branch polling place at the county jail. Limits eligibility to a resident of a county who is in custody at the county jail and who has not been convicted of the offense for which the resident is in custody. Allows an elector to be added to a list of permanent vote by mail status voters who receive an official vote by mail ballot for all subsequent elections. Provides that a voter whose application for permanent vote by mail status is accepted by the election authority shall remain on the permanent vote by mail list until the voter requests to be removed from permanent vote by mail status, the voter provides notice to the election authority of a change in registration, or the election authority receives confirmation that the voter has subsequently registered to vote in another county. Provides the notice to be sent by election authorities to all qualified voters before a general election for the option to be placed on the list of permanent vote by mail status voters. Provides the application form for permanent vote by mail status. Allows an election authority to combine the applications for single election vote by mail and permanent vote by mail status on one form. Provides that a political committee selected to conduct an audit shall only be required to conduct the audit if it was required to file at least one quarterly report during the period to be covered by the audit and has a fund balance of $10,000 or more, an average closing fund balance of $10,000 or more on quarterly reports, or average total receipts of $10,000 or more on quarterly reports. Requires a political committee owing unpaid fines at the time of its random selection to conduct an audit. Amends the Public Officer Simultaneous Tenure Act. Provides that a unit of local government may not adopt an ordinance or resolution that requires a member of the General Assembly to resign his or her office in order to be eligible to seek elected office in the unit of local government and that any such ordinance or resolution is void. Provides that the Section apply to ordinances or resolutions adopted on or after November 8, 2016. Limits home rule powers. Amends the Counties Code. Provides that a sheriff shall enter upon the duties of his or her office on the December 1 following his or her election (rather than on the first day in the month of December following his or her election on which the office of the sheriff is required, by statute or by action of the county board, to be open) Amends the Township Code. Amends the Illinois Municipal Code. Provides that when a person who intends to be a write-in candidate for an uncontested nonpartisan office has not timely filed nomination papers but has filed a written statement or notice of his or her intent, no primary ballot shall be printed (rather than requiring a primary ballot to be prepared and a primary election held if the write-in candidate is the fifth candidate filed). Provides that where no primary is held, a person intending to become a write-in candidate shall refile a declaration of intent to be a write-in candidate for the general election with the appropriate election authority or authorities. Removes language: concerning requirements for the written statement or notice; and providing that an election authority has no duty to conduct a primary and prepare a ballot for an uncontested office, unless the written statement or notice is filed in a timely manner. Amends the Revised Cities and Villages Act of 1941. In the provisions concerning the prohibition on the city treasurer serving 2 terms in succession, allows the city to establish different succession terms by ordinance. Amends various Acts and Codes. Changes all statutory references of alderman and aldermen to alderperson and alderpersons. Changes all statutory references of congressman to congressperson. Makes other and conforming changes. Effective immediately, except certain provisions of the Election Code are effective on July 1, 2023.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2021-06-17 - Public Act . . . . . . . . . 102-0015 [SB0825 Detail]

Download: Illinois-2021-SB0825-Chaptered.html



Public Act 102-0015
SB0825 EnrolledLRB102 04623 SMS 14642 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 2A-1.1, 2A-1.2, 2A-26, 2A-28, 7-4, 7-8, 7-10, 7-10.2,
7-12, 7-13, 7-14, 7-16, 7-17, 7-43, 7-59, 7-60, 7-61, 8-5,
8-8, 8-8.1, 8-10, 8-17, 9-8.10, 9-13, 10-3, 10-4, 10-5.1,
10-6, 10-7, 10-8, 10-14, 16-3, 16-5.01, 17-13, 17-16.1,
18-9.1, 19-2, 19-3, 19A-15, 19A-20, 23-6.1, 25-6, and 29-15
and by adding Sections 1-18, 1A-60, 1A-65, 2A-1.1b, 2A-1.1c,
11-8, 17-13.5, 19-2.4, and 19-2.5 as follows:
(10 ILCS 5/1-18 new)
Sec. 1-18. Cybersecurity.
(a) Each election authority maintaining a website shall
begin utilizing a ".gov" website address and a ".gov"
electronic mail address for each employee within one year of
the effective date of this amendatory Act of the 102nd General
Assembly. The integrity of election authorities' websites and
electronic mail addresses shall be protected using electronic
mail security products provided by the Illinois Department of
Innovation and Technology or a third-party vendor.
(b) Each election authority shall perform an
organizational risk assessment through the Cyber Navigator
Program on a biennial basis.
(c) Each election authority shall begin performing monthly
vulnerability scans to defend against cyber breaches within 6
months after the effective date of this amendatory Act of the
102nd General Assembly.
(d) Each election authority shall begin using endpoint
detection and response security tools on all computers
utilized by employees within one year of the effective date of
this amendatory Act of the 102nd General Assembly.
(10 ILCS 5/1A-60 new)
Sec. 1A-60. High school voter registration.
(a) The State Board of Elections shall prepare a one page
document explaining the process to register to vote to be
disseminated to high school age students. Every high school
must provide students with that document, which may be
disseminated electronically.
(b) No high school may prohibit nonpartisan voter
registration activities on its premises. A high school may
adopt reasonable regulations restricting nonpartisan voter
registration activities.
(10 ILCS 5/1A-65 new)
Sec. 1A-65. Election authority guidance. 90 days before
any election, the State Board of Elections shall provide
written guidance to election authorities on: (1) ballot
tracking procedures and the proper terminology to be used as
part of those procedures; and (2) summarizing requirements for
voting, curbside voting, early voting, and vote by mail.
(10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
Sec. 2A-1.1. All Elections - Consolidated Schedule.
(a) Except as otherwise provided in this Code, in In
even-numbered years, the general election shall be held on the
first Tuesday after the first Monday of November; and an
election to be known as the general primary election shall be
held on the third Tuesday in March;
(b) In odd-numbered years, an election to be known as the
consolidated election shall be held on the first Tuesday in
April except as provided in Section 2A-1.1a of this Act; and an
election to be known as the consolidated primary election
shall be held on the last Tuesday in February.
(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11.)
(10 ILCS 5/2A-1.1b new)
Sec. 2A-1.1b. 2022 general primary election and general
election dates.
(a) In addition to the provisions of this Code and
notwithstanding any other law to the contrary, the provisions
in this Section shall govern the dates for the conduct of the
2022 general primary election and for preparing for the 2022
general election. The provisions of this Code shall control
any aspect of the administration or conduct of the 2022
general primary election and 2022 general election that is not
provided for in this Section, provided that in the event of
conflict between this Section and any other provision of this
Code or any other law, the provisions of this Section shall
control. The provisions of this Section shall apply to all
election authorities, including, but not limited to, those
under the jurisdiction of a Board of Election Commissioners.
The provisions of this Section shall apply for the dates for
the 2022 general primary election and the 2022 general
election only and the provisions of this amendatory Act of the
102nd General Assembly shall be in effect through December 31,
2022.
(b) Petitions for nomination for the general primary
election may begin circulation on January 13, 2022. All
petitions for nomination of an established party candidate for
statewide office shall be signed by at least 3,250 but not more
than 6,500 of the qualified primary electors of the
candidate's party. All petitions for nomination of an
established party candidate for the office of Representative
in the General Assembly shall be signed by at least 400 but not
more than 1,000 of the qualified primary electors of the
candidate's party in the candidate's representative district.
All petitions for nomination of an established party candidate
for the office of State Senator shall be signed by at least 650
but not more than 2,000 of the qualified primary electors of
the candidate's party in the candidate's legislative district.
The signature requirement for an established party candidate
for all other offices shall be reduced by one-third and any
provision of this Code limiting the maximum number of
signatures that may be submitted for those offices shall be
reduced by one-third.
(c) Petitions for nomination for congressional, or
judicial office, or for any office a nomination for which is
made for a territorial division or district which comprises
more than one county or is partly in one county and partly in
another county or counties (including the Fox Metro Water
Reclamation District) for the general primary election may be
filed in the principal office of the State Board of Elections
beginning on March 7, 2022 but no later than March 14, 2022; a
petition for nomination to fill a vacancy by special election
in the office of representative in Congress from this State
(for vacancies occurring between February 21, 2022 and March
14, 2022) for the general primary election may be filed in the
principal office of the State Board of Elections beginning
March 28, 2022 but no later than April 4, 2022.
(d) Objections to certificates of nomination and
nomination papers and petitions to submit public questions to
a referendum for the general primary election shall be filed
no later than March 21, 2022.
(e) Electors may request vote by mail ballots for the
general primary election beginning on March 30, 2022 but no
later than June 23, 2022.
(f) Petitions for nomination for independent candidates
and new political party candidates for the general election
may begin circulation on April 13, 2022.
(g) The State Board of Elections shall certify the names
of candidates who filed nomination papers or certificates of
nomination for the general primary election with the Board no
later than April 21, 2022.
(h) A notarized declaration of intent to be a write-in
candidate for the general primary election shall be filed with
the proper election authority or authorities no later than
April 28, 2022.
(i) Each election authority shall mail ballots to each
person who has filed an application for a ballot for the
general primary election under Article 20 no later than May
14, 2022, and any application received after May 12, 2022
shall be mailed within 2 business days after receipt of the
application.
(j) The period for early voting by personal appearance for
the general primary election shall begin on May 19, 2022.
(k) The general primary election shall be held on June 28,
2022.
(l) The last day for an established party managing
committee to appoint someone to fill a vacancy for the general
election when no candidate was nominated at the general
primary election and for the appointee to file the required
documentation is August 13, 2022.
(m) Certificates of nomination and nomination papers for
the nomination of new political parties and independent
candidates for offices to be filled by electors of the entire
State, or any district not entirely within a county, or for
congressional, State legislative or judicial offices shall be
presented to the principal office of the State Board of
Elections beginning July 5, 2022 but no later than July 11,
2022.
(n) Objections to certificates of nomination and
nomination papers for new political parties and independent
candidates for the general election shall be filed no later
than July 18, 2022.
(o) A person for whom a petition for nomination has been
filed for the general election may withdraw his or her
petition with the appropriate election authority no later than
August 13, 2022.
(p) The State Board of Elections shall certify to the
county clerks the names of each of the candidates to appear on
the ballot for the general election no later than September 6,
2022.
(q) This Section is repealed on January 1, 2023.
(10 ILCS 5/2A-1.1c new)
Sec. 2A-1.1c. 2022 Election Day State holiday.
Notwithstanding any other provision of State law to the
contrary, November 8, 2022 shall be a State holiday known as
2022 General Election Day and shall be observed throughout the
State. November 8, 2022 shall be deemed a legal school holiday
for purposes of the School Code and State Universities Civil
Service Act. Any school closed under this amendatory Act of
the 102nd General Assembly and Section 24-2 of the School Code
shall be made available to an election authority as a polling
place for 2022 General Election Day.
This Section is repealed on January 1, 2023.
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2. Consolidated schedule of elections; offices
elections - offices designated.
(a) At the general election in the appropriate
even-numbered years, the following offices shall be filled or
shall be on the ballot as otherwise required by this Code:
(1) Elector of President and Vice President of the
United States;
(2) United States Senator and United States
Representative;
(3) State Executive Branch elected officers;
(4) State Senator and State Representative;
(5) County elected officers, including State's
Attorney, County Board member, County Commissioners, and
elected President of the County Board or County Chief
Executive;
(6) Circuit Court Clerk;
(7) Regional Superintendent of Schools, except in
counties or educational service regions in which that
office has been abolished;
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies
and newly created judicial offices;
(9) (Blank);
(10) Trustee of the Metropolitan Water Reclamation
Sanitary District of Greater Chicago, and elected Trustee
of other Sanitary Districts;
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an
annual election and permits or requires election of
candidates of political parties.
(b) At the general primary election:
(1) in each even-numbered year candidates of political
parties shall be nominated for those offices to be filled
at the general election in that year, except where
pursuant to law nomination of candidates of political
parties is made by caucus.
(2) in the appropriate even-numbered years the
political party offices of State central committeeperson,
township committeeperson, ward committeeperson, and
precinct committeeperson shall be filled and delegates and
alternate delegates to the National nominating conventions
shall be elected as may be required pursuant to this Code.
In the even-numbered years in which a Presidential
election is to be held, candidates in the Presidential
preference primary shall also be on the ballot.
(3) in each even-numbered year, where the municipality
has provided for annual elections to elect municipal
officers pursuant to Section 6(f) or Section 7 of Article
VII of the Constitution, pursuant to the Illinois
Municipal Code or pursuant to the municipal charter, the
offices of such municipal officers shall be filled at an
election held on the date of the general primary election,
provided that the municipal election shall be a
nonpartisan election where required by the Illinois
Municipal Code. For partisan municipal elections in
even-numbered years, a primary to nominate candidates for
municipal office to be elected at the general primary
election shall be held on the Tuesday 6 weeks preceding
that election.
(4) in each school district which has adopted the
provisions of Article 33 of the School Code, successors to
the members of the board of education whose terms expire
in the year in which the general primary is held shall be
elected.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(1) Municipal officers, provided that in
municipalities in which candidates for alderperson
alderman or other municipal office are not permitted by
law to be candidates of political parties, the runoff
election where required by law, or the nonpartisan
election where required by law, shall be held on the date
of the consolidated election; and provided further, in the
case of municipal officers provided for by an ordinance
providing the form of government of the municipality
pursuant to Section 7 of Article VII of the Constitution,
such offices shall be filled by election or by runoff
election as may be provided by such ordinance;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district permits or
requires election of candidates of political parties;
(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township
Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chair of the Chain O Lakes - Fox
River Waterway Management Agency;
(11) Forest preserve district commissioners elected
under Section 3.5 of the Downstate Forest Preserve
District Act;
(12) Elected members of school boards, school
trustees, directors of boards of school directors,
trustees of county boards of school trustees (except in
counties or educational service regions having a
population of 2,000,000 or more inhabitants) and members
of boards of school inspectors, except school boards in
school districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium
Districts;
(17) Elected Officers of special districts not
otherwise designated in this Section for which the law
governing those districts does not permit candidates of
political parties.
(d) At the consolidated primary election in each
odd-numbered year, candidates of political parties shall be
nominated for those offices to be filled at the consolidated
election in that year, except where pursuant to law nomination
of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of
subsection (c).
At the consolidated primary election in the appropriate
odd-numbered years, the mayor, clerk, treasurer, and
alderpersons aldermen shall be elected in municipalities in
which candidates for mayor, clerk, treasurer, or alderperson
alderman are not permitted by law to be candidates of
political parties, subject to runoff elections to be held at
the consolidated election as may be required by law, and
municipal officers shall be nominated in a nonpartisan
election in municipalities in which pursuant to law candidates
for such office are not permitted to be candidates of
political parties.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
elected, or elected subject to a runoff, as may be provided by
an ordinance providing a form of government of the
municipality pursuant to Section 7 of Article VII of the
Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public
questions may be submitted to voters pursuant to this Code and
any special election otherwise required or authorized by law
or by court order may be conducted pursuant to this Code.
Notwithstanding the regular dates for election of officers
established in this Article, whenever a referendum is held for
the establishment of a political subdivision whose officers
are to be elected, the initial officers shall be elected at the
election at which such referendum is held if otherwise so
provided by law. In such cases, the election of the initial
officers shall be subject to the referendum.
Notwithstanding the regular dates for election of
officials established in this Article, any community college
district which becomes effective by operation of law pursuant
to Section 6-6.1 of the Public Community College Act, as now or
hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the
effective date of the new district.
(g) At any election established in Section 2A-1.1, if in
any precinct there are no offices or public questions required
to be on the ballot under this Code then no election shall be
held in the precinct on that date.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.
(Source: P.A. 100-1027, eff. 1-1-19; revised 12-14-20.)
(10 ILCS 5/2A-26) (from Ch. 46, par. 2A-26)
Sec. 2A-26. Chicago Alderpersons Aldermen. Alderpersons
Aldermen of the City of Chicago shall be elected at the
consolidated primary election in 1979 and at the consolidated
primary election every 4 years thereafter. The runoff election
where necessary, pursuant to law, for Chicago alderpersons
aldermen shall be held at the consolidated election in 1979,
and every 4 years thereafter.
(Source: P.A. 80-936.)
(10 ILCS 5/2A-28) (from Ch. 46, par. 2A-28)
Sec. 2A-28. Cities Generally - Alderpersons Aldermen -
Time of Election. An alderperson alderman of a city other than
the City of Chicago shall be elected at the consolidated or
general primary election in each year to succeed each
incumbent alderperson alderman whose term ends before the
following consolidated or general election.
(Source: P.A. 81-1433.)
(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
Sec. 7-4. The following words and phrases in this Article
7 shall, unless the same be inconsistent with the context, be
construed as follows:
1. The word "primary" the primary elections provided for
in this Article, which are the general primary, the
consolidated primary, and for those municipalities which have
annual partisan elections for any officer, the municipal
primary held 6 weeks prior to the general primary election
date in even numbered years.
2. The definition of terms in Section 1-3 of this Act shall
apply to this Article.
3. The word "precinct" a voting district heretofore or
hereafter established by law within which all qualified
electors vote at one polling place.
4. The words "state office" or "state officer", an office
to be filled, or an officer to be voted for, by qualified
electors of the entire state, including United States Senator
and Congressperson Congressman at large.
5. The words "congressional office" or "congressional
officer", representatives in Congress.
6. The words "county office" or "county officer," include
an office to be filled or an officer to be voted for, by the
qualified electors of the entire county. "County office" or
"county officer" also include the assessor and board of
appeals and county commissioners and president of county board
of Cook County, and county board members and the chair of the
county board in counties subject to "An Act relating to the
composition and election of county boards in certain
counties", enacted by the 76th General Assembly.
7. The words "city office" and "village office," and
"incorporated town office" or "city officer" and "village
officer", and "incorporated town officer" an office to be
filled or an officer to be voted for by the qualified electors
of the entire municipality, including alderpersons aldermen.
8. The words "town office" or "town officer", an office to
be filled or an officer to be voted for by the qualified
electors of an entire town.
9. The words "town" and "incorporated town" shall
respectively be defined as in Section 1-3 of this Act.
10. The words "delegates and alternate delegates to
National nominating conventions" include all delegates and
alternate delegates to National nominating conventions whether
they be elected from the state at large or from congressional
districts or selected by State convention unless contrary and
non-inclusive language specifically limits the term to one
class.
11. "Judicial office" means a post held by a judge of the
Supreme, Appellate or Circuit Court.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
Sec. 7-8. The State central committee shall be composed of
one or two members from each congressional district in the
State and shall be elected as follows:
State Central Committee
(a) Within 30 days after January 1, 1984 (the effective
date of Public Act 83-33), the State central committee of each
political party shall certify to the State Board of Elections
which of the following alternatives it wishes to apply to the
State central committee of that party.
Alternative A. At the primary in 1970 and at the general
primary election held every 4 years thereafter, each primary
elector may vote for one candidate of his party for member of
the State central committee for the congressional district in
which he resides. The candidate receiving the highest number
of votes shall be declared elected State central
committeeperson from the district. A political party may, in
lieu of the foregoing, by a majority vote of delegates at any
State convention of such party, determine to thereafter elect
the State central committeepersons in the manner following:
At the county convention held by such political party,
State central committeepersons shall be elected in the same
manner as provided in this Article for the election of
officers of the county central committee, and such election
shall follow the election of officers of the county central
committee. Each elected ward, township or precinct
committeeperson shall cast as his vote one vote for each
ballot voted in his ward, township, part of a township or
precinct in the last preceding primary election of his
political party. In the case of a county lying partially
within one congressional district and partially within another
congressional district, each ward, township or precinct
committeeperson shall vote only with respect to the
congressional district in which his ward, township, part of a
township or precinct is located. In the case of a
congressional district which encompasses more than one county,
each ward, township or precinct committeeperson residing
within the congressional district shall cast as his vote one
vote for each ballot voted in his ward, township, part of a
township or precinct in the last preceding primary election of
his political party for one candidate of his party for member
of the State central committee for the congressional district
in which he resides and the Chair of the county central
committee shall report the results of the election to the
State Board of Elections. The State Board of Elections shall
certify the candidate receiving the highest number of votes
elected State central committeeperson for that congressional
district.
The State central committee shall adopt rules to provide
for and govern the procedures to be followed in the election of
members of the State central committee.
After August 6, 1999 (the effective date of Public Act
91-426), whenever a vacancy occurs in the office of Chair of a
State central committee, or at the end of the term of office of
Chair, the State central committee of each political party
that has selected Alternative A shall elect a Chair who shall
not be required to be a member of the State Central Committee.
The Chair shall be a registered voter in this State and of the
same political party as the State central committee.
Alternative B. Each congressional committee shall, within
30 days after the adoption of this alternative, appoint a
person of a different gender than the sex opposite that of the
incumbent member for that congressional district to serve as
an additional member of the State central committee until the
member's his or her successor is elected at the general
primary election in 1986. Each congressional committee shall
make this appointment by voting on the basis set forth in
paragraph (e) of this Section. In each congressional district
at the general primary election held in 1986 and every 4 years
thereafter, the person male candidate receiving the highest
number of votes of the party's male candidates for State
central committeeperson committeeman, and the person of a
different gender female candidate receiving the highest number
of votes of the party's female candidates for State central
committeewoman, shall be declared elected State central
committeepersons committeeman and State central committeewoman
from the district. At the general primary election held in
1986 and every 4 years thereafter, if all a party's candidates
for State central committeeperson committeemen or State
central committeewomen from a congressional district are of
the same gender are of the same sex, the candidate receiving
the highest number of votes shall be declared elected a State
central committeeperson committeeman or State central
committeewoman from the district, and, because of a failure to
elect 2 persons from different genders one male and one female
to the committee, a vacancy shall be declared to exist in the
office of the second member of the State central committee
from the district. This vacancy shall be filled by appointment
by the congressional committee of the political party, and the
person appointed to fill the vacancy shall be a resident of the
congressional district and of a different gender than the
committeeperson the sex opposite that of the committeeman or
committeewoman elected at the general primary election. Each
congressional committee shall make this appointment by voting
on the basis set forth in paragraph (e) of this Section.
The Chair of a State central committee composed as
provided in this Alternative B must be selected from the
committee's members.
Except as provided for in Alternative A with respect to
the selection of the Chair of the State central committee,
under both of the foregoing alternatives, the State central
committee of each political party shall be composed of members
elected or appointed from the several congressional districts
of the State, and of no other person or persons whomsoever. The
members of the State central committee shall, within 41 days
after each quadrennial election of the full committee, meet in
the city of Springfield and organize by electing a Chair, and
may at such time elect such officers from among their own
number (or otherwise), as they may deem necessary or
expedient. The outgoing chair of the State central committee
of the party shall, 10 days before the meeting, notify each
member of the State central committee elected at the primary
of the time and place of such meeting. In the organization and
proceedings of the State central committee, the 2
committeepersons each State central committeeman and State
central committeewoman shall each have one vote for each
ballot voted in their his or her congressional district by the
primary electors of the committeepersons' his or her party at
the primary election immediately preceding the meeting of the
State central committee. Whenever a vacancy occurs in the
State central committee of any political party, the vacancy
shall be filled by appointment of the chairmen of the county
central committees of the political party of the counties
located within the congressional district in which the vacancy
occurs and, if applicable, the ward and township
committeepersons of the political party in counties of
2,000,000 or more inhabitants located within the congressional
district. If the congressional district in which the vacancy
occurs lies wholly within a county of 2,000,000 or more
inhabitants, the ward and township committeepersons of the
political party in that congressional district shall vote to
fill the vacancy. In voting to fill the vacancy, each chair of
a county central committee and each ward and township
committeeperson in counties of 2,000,000 or more inhabitants
shall have one vote for each ballot voted in each precinct of
the congressional district in which the vacancy exists of the
chair's or committeeperson's his or her county, township, or
ward cast by the primary electors of the chair's or
committeeperson's his or her party at the primary election
immediately preceding the meeting to fill the vacancy in the
State central committee. The person appointed to fill the
vacancy shall be a resident of the congressional district in
which the vacancy occurs, shall be a qualified voter, and, in a
committee composed as provided in Alternative B, shall be of
the same gender be of the same sex as the appointee's his or
her predecessor. A political party may, by a majority vote of
the delegates of any State convention of such party, determine
to return to the election of State central committeepersons
committeeman and State central committeewoman by the vote of
primary electors. Any action taken by a political party at a
State convention in accordance with this Section shall be
reported to the State Board of Elections by the chair and
secretary of such convention within 10 days after such action.
Ward, Township and Precinct Committeepersons
(b) At the primary in 1972 and at the general primary
election every 4 years thereafter, each primary elector in
cities having a population of 200,000 or over may vote for one
candidate of his party in his ward for ward committeeperson.
Each candidate for ward committeeperson must be a resident of
and in the ward where he seeks to be elected ward
committeeperson. The one having the highest number of votes
shall be such ward committeeperson of such party for such
ward. At the primary election in 1970 and at the general
primary election every 4 years thereafter, each primary
elector in counties containing a population of 2,000,000 or
more, outside of cities containing a population of 200,000 or
more, may vote for one candidate of his party for township
committeeperson. Each candidate for township committeeperson
must be a resident of and in the township or part of a township
(which lies outside of a city having a population of 200,000 or
more, in counties containing a population of 2,000,000 or
more), and in which township or part of a township he seeks to
be elected township committeeperson. The one having the
highest number of votes shall be such township committeeperson
of such party for such township or part of a township. At the
primary in 1970 and at the general primary election every 2
years thereafter, each primary elector, except in counties
having a population of 2,000,000 or over, may vote for one
candidate of his party in his precinct for precinct
committeeperson. Each candidate for precinct committeeperson
must be a bona fide resident of the precinct where he seeks to
be elected precinct committeeperson. The one having the
highest number of votes shall be such precinct committeeperson
of such party for such precinct. The official returns of the
primary shall show the name of the committeeperson of each
political party.
Terms of Committeepersons. All precinct committeepersons
elected under the provisions of this Article shall continue as
such committeepersons until the date of the primary to be held
in the second year after their election. Except as otherwise
provided in this Section for certain State central
committeepersons who have 2 year terms, all State central
committeepersons, township committeepersons and ward
committeepersons shall continue as such committeepersons until
the date of primary to be held in the fourth year after their
election. However, a vacancy exists in the office of precinct
committeeperson when a precinct committeeperson ceases to
reside in the precinct in which he was elected and such
precinct committeeperson shall thereafter neither have nor
exercise any rights, powers or duties as committeeperson in
that precinct, even if a successor has not been elected or
appointed.
(c) The Multi-Township Central Committee shall consist of
the precinct committeepersons of such party, in the
multi-township assessing district formed pursuant to Section
2-10 of the Property Tax Code and shall be organized for the
purposes set forth in Section 45-25 of the Township Code. In
the organization and proceedings of the Multi-Township Central
Committee each precinct committeeperson shall have one vote
for each ballot voted in his precinct by the primary electors
of his party at the primary at which he was elected.
County Central Committee
(d) The county central committee of each political party
in each county shall consist of the various township
committeepersons, precinct committeepersons and ward
committeepersons, if any, of such party in the county. In the
organization and proceedings of the county central committee,
each precinct committeeperson shall have one vote for each
ballot voted in his precinct by the primary electors of his
party at the primary at which he was elected; each township
committeeperson shall have one vote for each ballot voted in
his township or part of a township as the case may be by the
primary electors of his party at the primary election for the
nomination of candidates for election to the General Assembly
immediately preceding the meeting of the county central
committee; and in the organization and proceedings of the
county central committee, each ward committeeperson shall have
one vote for each ballot voted in his ward by the primary
electors of his party at the primary election for the
nomination of candidates for election to the General Assembly
immediately preceding the meeting of the county central
committee.
Cook County Board of Review Election District Committee
(d-1) Each board of review election district committee of
each political party in Cook County shall consist of the
various township committeepersons and ward committeepersons,
if any, of that party in the portions of the county composing
the board of review election district. In the organization and
proceedings of each of the 3 election district committees,
each township committeeperson shall have one vote for each
ballot voted in the committeeperson's his or her township or
part of a township, as the case may be, by the primary electors
of the committeeperson's his or her party at the primary
election immediately preceding the meeting of the board of
review election district committee; and in the organization
and proceedings of each of the 3 election district committees,
each ward committeeperson shall have one vote for each ballot
voted in the committeeperson's his or her ward or part of that
ward, as the case may be, by the primary electors of the
committeeperson's his or her party at the primary election
immediately preceding the meeting of the board of review
election district committee.
Congressional Committee
(e) The congressional committee of each party in each
congressional district shall be composed of the chairmen of
the county central committees of the counties composing the
congressional district, except that in congressional districts
wholly within the territorial limits of one county, the
precinct committeepersons, township committeepersons and ward
committeepersons, if any, of the party representing the
precincts within the limits of the congressional district,
shall compose the congressional committee. A State central
committeeperson in each district shall be a member and the
chair or, when a district has 2 State central
committeepersons, a co-chairperson of the congressional
committee, but shall not have the right to vote except in case
of a tie.
In the organization and proceedings of congressional
committees composed of precinct committeepersons or township
committeepersons or ward committeepersons, or any combination
thereof, each precinct committeeperson shall have one vote for
each ballot voted in his precinct by the primary electors of
his party at the primary at which he was elected, each township
committeeperson shall have one vote for each ballot voted in
his township or part of a township as the case may be by the
primary electors of his party at the primary election
immediately preceding the meeting of the congressional
committee, and each ward committeeperson shall have one vote
for each ballot voted in each precinct of his ward located in
such congressional district by the primary electors of his
party at the primary election immediately preceding the
meeting of the congressional committee; and in the
organization and proceedings of congressional committees
composed of the chairmen of the county central committees of
the counties within such district, each chair of such county
central committee shall have one vote for each ballot voted in
his county by the primary electors of his party at the primary
election immediately preceding the meeting of the
congressional committee.
Judicial District Committee
(f) The judicial district committee of each political
party in each judicial district shall be composed of the chair
of the county central committees of the counties composing the
judicial district.
In the organization and proceedings of judicial district
committees composed of the chairmen of the county central
committees of the counties within such district, each chair of
such county central committee shall have one vote for each
ballot voted in his county by the primary electors of his party
at the primary election immediately preceding the meeting of
the judicial district committee.
Circuit Court Committee
(g) The circuit court committee of each political party in
each judicial circuit outside Cook County shall be composed of
the chairmen of the county central committees of the counties
composing the judicial circuit.
In the organization and proceedings of circuit court
committees, each chair of a county central committee shall
have one vote for each ballot voted in his county by the
primary electors of his party at the primary election
immediately preceding the meeting of the circuit court
committee.
Judicial Subcircuit Committee
(g-1) The judicial subcircuit committee of each political
party in each judicial subcircuit in a judicial circuit
divided into subcircuits shall be composed of (i) the ward and
township committeepersons of the townships and wards composing
the judicial subcircuit in Cook County and (ii) the precinct
committeepersons of the precincts composing the judicial
subcircuit in any county other than Cook County.
In the organization and proceedings of each judicial
subcircuit committee, each township committeeperson shall have
one vote for each ballot voted in his township or part of a
township, as the case may be, in the judicial subcircuit by the
primary electors of his party at the primary election
immediately preceding the meeting of the judicial subcircuit
committee; each precinct committeeperson shall have one vote
for each ballot voted in his precinct or part of a precinct, as
the case may be, in the judicial subcircuit by the primary
electors of his party at the primary election immediately
preceding the meeting of the judicial subcircuit committee;
and each ward committeeperson shall have one vote for each
ballot voted in his ward or part of a ward, as the case may be,
in the judicial subcircuit by the primary electors of his
party at the primary election immediately preceding the
meeting of the judicial subcircuit committee.
Municipal Central Committee
(h) The municipal central committee of each political
party shall be composed of the precinct, township or ward
committeepersons, as the case may be, of such party
representing the precincts or wards, embraced in such city,
incorporated town or village. The voting strength of each
precinct, township or ward committeeperson on the municipal
central committee shall be the same as his voting strength on
the county central committee.
For political parties, other than a statewide political
party, established only within a municipality or township, the
municipal or township managing committee shall be composed of
the party officers of the local established party. The party
officers of a local established party shall be as follows: the
chair and secretary of the caucus for those municipalities and
townships authorized by statute to nominate candidates by
caucus shall serve as party officers for the purpose of
filling vacancies in nomination under Section 7-61; for
municipalities and townships authorized by statute or
ordinance to nominate candidates by petition and primary
election, the party officers shall be the party's candidates
who are nominated at the primary. If no party primary was held
because of the provisions of Section 7-5, vacancies in
nomination shall be filled by the party's remaining candidates
who shall serve as the party's officers.
Powers
(i) Each committee and its officers shall have the powers
usually exercised by such committees and by the officers
thereof, not inconsistent with the provisions of this Article.
The several committees herein provided for shall not have
power to delegate any of their powers, or functions to any
other person, officer or committee, but this shall not be
construed to prevent a committee from appointing from its own
membership proper and necessary subcommittees.
(j) The State central committee of a political party which
elects its members by Alternative B under paragraph (a) of
this Section shall adopt a plan to give effect to the delegate
selection rules of the national political party and file a
copy of such plan with the State Board of Elections when
approved by a national political party.
(k) For the purpose of the designation of a proxy by a
Congressional Committee to vote in place of an absent State
central committeeperson committeeman or committeewoman at
meetings of the State central committee of a political party
which elects its members by Alternative B under paragraph (a)
of this Section, the proxy shall be appointed by the vote of
the ward and township committeepersons, if any, of the wards
and townships which lie entirely or partially within the
Congressional District from which the absent State central
committeeperson committeeman or committeewoman was elected and
the vote of the chairmen of the county central committees of
those counties which lie entirely or partially within that
Congressional District and in which there are no ward or
township committeepersons. When voting for such proxy, the
county chair, ward committeeperson or township
committeeperson, as the case may be, shall have one vote for
each ballot voted in his county, ward or township, or portion
thereof within the Congressional District, by the primary
electors of his party at the primary at which he was elected.
However, the absent State central committeeperson committeeman
or committeewoman may designate a proxy when permitted by the
rules of a political party which elects its members by
Alternative B under paragraph (a) of this Section.
Notwithstanding any law to the contrary, a person is
ineligible to hold the position of committeeperson in any
committee established pursuant to this Section if he or she is
statutorily ineligible to vote in a general election because
of conviction of a felony. When a committeeperson is convicted
of a felony, the position occupied by that committeeperson
shall automatically become vacant.
(Source: P.A. 100-201, eff. 8-18-17; 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. Form of petition for nomination. The name of no
candidate for nomination, or State central committeeperson, or
township committeeperson, or precinct committeeperson, or ward
committeeperson or candidate for delegate or alternate
delegate to national nominating conventions, shall be printed
upon the primary ballot unless a petition for nomination has
been filed in his behalf as provided in this Article in
substantially the following form:
We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party,
in the .... of ...., in the county of .... and State of
Illinois, do hereby petition that the following named person
or persons shall be a candidate or candidates of the .... party
for the nomination for (or in case of committeepersons for
election to) the office or offices hereinafter specified, to
be voted for at the primary election to be held on (insert
date).
NameOfficeAddress
John JonesGovernorBelvidere, Ill.
Jane James Lieutenant Governor Peoria, Ill.
Thomas SmithAttorney GeneralOakland, Ill.
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I reside at No. ....
street, in the .... of ...., county of ...., and State of
....., that I am 18 years of age or older, that I am a citizen
of the United States, and that the signatures on this sheet
were signed in my presence, and are genuine, and that to the
best of my knowledge and belief the persons so signing were at
the time of signing the petitions qualified voters of the ....
party, and that their respective residences are correctly
stated, as above set forth.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size
and shall contain above the space for signatures an
appropriate heading giving the information as to name of
candidate or candidates, in whose behalf such petition is
signed; the office, the political party represented and place
of residence; and the heading of each sheet shall be the same.
Such petition shall be signed by qualified primary
electors residing in the political division for which the
nomination is sought in their own proper persons only and
opposite the signature of each signer, his residence address
shall be written or printed. The residence address required to
be written or printed opposite each qualified primary
elector's name shall include the street address or rural route
number of the signer, as the case may be, as well as the
signer's county, and city, village or town, and state. However
the county or city, village or town, and state of residence of
the electors may be printed on the petition forms where all of
the electors signing the petition reside in the same county or
city, village or town, and state. Standard abbreviations may
be used in writing the residence address, including street
number, if any. At the bottom of each sheet of such petition
shall be added a circulator statement signed by a person 18
years of age or older who is a citizen of the United States,
stating the street address or rural route number, as the case
may be, as well as the county, city, village or town, and
state; and certifying that the signatures on that sheet of the
petition were signed in his or her presence and certifying
that the signatures are genuine; and either (1) indicating the
dates on which that sheet was circulated, or (2) indicating
the first and last dates on which the sheet was circulated, or
(3) certifying that none of the signatures on the sheet were
signed more than 90 days preceding the last day for the filing
of the petition and certifying that to the best of his or her
knowledge and belief the persons so signing were at the time of
signing the petitions qualified voters of the political party
for which a nomination is sought. Such statement shall be
sworn to before some officer authorized to administer oaths in
this State.
Except as otherwise provided in this Code, no No petition
sheet shall be circulated more than 90 days preceding the last
day provided in Section 7-12 for the filing of such petition.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All petition
sheets which are filed with the proper local election
officials, election authorities or the State Board of
Elections shall be the original sheets which have been signed
by the voters and by the circulator thereof, and not
photocopies or duplicates of such sheets. Each petition must
include as a part thereof, a statement of candidacy for each of
the candidates filing, or in whose behalf the petition is
filed. This statement shall set out the address of such
candidate, the office for which he is a candidate, shall state
that the candidate is a qualified primary voter of the party to
which the petition relates and is qualified for the office
specified (in the case of a candidate for State's Attorney it
shall state that the candidate is at the time of filing such
statement a licensed attorney-at-law of this State), shall
state that he has filed (or will file before the close of the
petition filing period) a statement of economic interests as
required by the Illinois Governmental Ethics Act, shall
request that the candidate's name be placed upon the official
ballot, and shall be subscribed and sworn to by such candidate
before some officer authorized to take acknowledgment of deeds
in the State and shall be in substantially the following form:
Statement of Candidacy
NameAddressOfficeDistrictParty
John Jones102 Main St.GovernorStatewideRepublican
Belvidere,
Illinois
State of Illinois)
) ss.
County of .......)
I, ...., being first duly sworn, say that I reside at ....
Street in the city (or village) of ...., in the county of ....,
State of Illinois; that I am a qualified voter therein and am a
qualified primary voter of the .... party; that I am a
candidate for nomination (for election in the case of
committeeperson and delegates and alternate delegates) to the
office of .... to be voted upon at the primary election to be
held on (insert date); that I am legally qualified (including
being the holder of any license that may be an eligibility
requirement for the office I seek the nomination for) to hold
such office and that I have filed (or I will file before the
close of the petition filing period) a statement of economic
interests as required by the Illinois Governmental Ethics Act
and I hereby request that my name be printed upon the official
primary ballot for nomination for (or election to in the case
of committeepersons and delegates and alternate delegates)
such office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).
Signed ....................
(Official Character)
(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or added
to, and no signatures shall be revoked except by revocation
filed in writing with the State Board of Elections, election
authority or local election official with whom the petition is
required to be filed, and before the filing of such petition.
Whoever forges the name of a signer upon any petition required
by this Article is deemed guilty of a forgery and on conviction
thereof shall be punished accordingly.
A candidate for the offices listed in this Section must
obtain the number of signatures specified in this Section on
his or her petition for nomination.
(a) Statewide office or delegate to a national nominating
convention. Except as otherwise provided in this Code, if If a
candidate seeks to run for statewide office or as a delegate or
alternate delegate to a national nominating convention elected
from the State at-large, then the candidate's petition for
nomination must contain at least 5,000 but not more than
10,000 signatures.
(b) Congressional office or congressional delegate to a
national nominating convention. Except as otherwise provided
in this Code, if If a candidate seeks to run for United States
Congress or as a congressional delegate or alternate
congressional delegate to a national nominating convention
elected from a congressional district, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in his or her congressional district. In the
first primary election following a redistricting of
congressional districts, a candidate's petition for nomination
must contain at least 600 signatures of qualified primary
electors of the candidate's political party in his or her
congressional district.
(c) County office. Except as otherwise provided in this
Code, if If a candidate seeks to run for any countywide office,
including but not limited to county board chairperson or
county board member, elected on an at-large basis, in a county
other than Cook County, then the candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party who
cast votes at the last preceding general election in his or her
county. If a candidate seeks to run for county board member
elected from a county board district, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in the county board district. In the first
primary election following a redistricting of county board
districts or the initial establishment of county board
districts, a candidate's petition for nomination must contain
at least the number of signatures equal to 0.5% of the
qualified electors of his or her party in the entire county who
cast votes at the last preceding general election divided by
the total number of county board districts comprising the
county board; provided that in no event shall the number of
signatures be less than 25.
(d) County office; Cook County only.
(1) If a candidate seeks to run for countywide office
in Cook County, then the candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
who cast votes at the last preceding general election in
Cook County.
(2) If a candidate seeks to run for Cook County Board
Commissioner, then the candidate's petition for nomination
must contain at least the number of signatures equal to
0.5% of the qualified primary electors of his or her party
in his or her county board district. In the first primary
election following a redistricting of Cook County Board of
Commissioners districts, a candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
in the entire county who cast votes at the last preceding
general election divided by the total number of county
board districts comprising the county board; provided that
in no event shall the number of signatures be less than 25.
(3) Except as otherwise provided in this Code, if If a
candidate seeks to run for Cook County Board of Review
Commissioner, which is elected from a district pursuant to
subsection (c) of Section 5-5 of the Property Tax Code,
then the candidate's petition for nomination must contain
at least the number of signatures equal to 0.5% of the
total number of registered voters in his or her board of
review district in the last general election at which a
commissioner was regularly scheduled to be elected from
that board of review district. In no event shall the
number of signatures required be greater than the
requisite number for a candidate who seeks countywide
office in Cook County under subsection (d)(1) of this
Section. In the first primary election following a
redistricting of Cook County Board of Review districts, a
candidate's petition for nomination must contain at least
4,000 signatures or at least the number of signatures
required for a countywide candidate in Cook County,
whichever is less, of the qualified electors of his or her
party in the district.
(e) Municipal or township office. If a candidate seeks to
run for municipal or township office, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in the municipality or township. If a
candidate seeks to run for alderperson alderman of a
municipality, then the candidate's petition for nomination
must contain at least the number of signatures equal to 0.5% of
the qualified primary electors of his or her party of the ward.
In the first primary election following redistricting of
aldermanic wards or trustee districts of a municipality or the
initial establishment of wards or districts, a candidate's
petition for nomination must contain the number of signatures
equal to at least 0.5% of the total number of votes cast for
the candidate of that political party who received the highest
number of votes in the entire municipality at the last regular
election at which an officer was regularly scheduled to be
elected from the entire municipality, divided by the number of
wards or districts. In no event shall the number of signatures
be less than 25.
(f) State central committeeperson. If a candidate seeks to
run for State central committeeperson, then the candidate's
petition for nomination must contain at least 100 signatures
of the primary electors of his or her party of his or her
congressional district.
(g) Sanitary district trustee. Except as otherwise
provided in this Code, if If a candidate seeks to run for
trustee of a sanitary district in which trustees are not
elected from wards, then the candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the primary electors of his or her party from
the sanitary district. If a candidate seeks to run for trustee
of a sanitary district in which trustees are elected from
wards, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of the
primary electors of his or her party in the ward of that
sanitary district. In the first primary election following
redistricting of sanitary districts elected from wards, a
candidate's petition for nomination must contain at least the
signatures of 150 qualified primary electors of his or her
ward of that sanitary district.
(h) Judicial office. Except as otherwise provided in this
Code, if If a candidate seeks to run for judicial office in a
district, then the candidate's petition for nomination must
contain the number of signatures equal to 0.4% of the number of
votes cast in that district for the candidate for his or her
political party for the office of Governor at the last general
election at which a Governor was elected, but in no event less
than 500 signatures. If a candidate seeks to run for judicial
office in a circuit or subcircuit, then the candidate's
petition for nomination must contain the number of signatures
equal to 0.25% of the number of votes cast for the judicial
candidate of his or her political party who received the
highest number of votes at the last general election at which a
judicial officer from the same circuit or subcircuit was
regularly scheduled to be elected, but in no event less than
1,000 signatures in circuits and subcircuits located in the
First Judicial District or 500 signatures in every other
Judicial District.
(i) Precinct, ward, and township committeeperson. Except
as otherwise provided in this Code, if If a candidate seeks to
run for precinct committeeperson, then the candidate's
petition for nomination must contain at least 10 signatures of
the primary electors of his or her party for the precinct. If a
candidate seeks to run for ward committeeperson, then the
candidate's petition for nomination must contain no less than
the number of signatures equal to 10% of the primary electors
of his or her party of the ward, but no more than 16% of those
same electors; provided that the maximum number of signatures
may be 50 more than the minimum number, whichever is greater.
If a candidate seeks to run for township committeeperson, then
the candidate's petition for nomination must contain no less
than the number of signatures equal to 5% of the primary
electors of his or her party of the township, but no more than
8% of those same electors; provided that the maximum number of
signatures may be 50 more than the minimum number, whichever
is greater.
(j) State's attorney or regional superintendent of schools
for multiple counties. If a candidate seeks to run for State's
attorney or regional Superintendent of Schools who serves more
than one county, then the candidate's petition for nomination
must contain at least the number of signatures equal to 0.5% of
the primary electors of his or her party in the territory
comprising the counties.
(k) Any other office. If a candidate seeks any other
office, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of the
registered voters of the political subdivision, district, or
division for which the nomination is made or 25 signatures,
whichever is greater.
For purposes of this Section the number of primary
electors shall be determined by taking the total vote cast, in
the applicable district, for the candidate for that political
party who received the highest number of votes, statewide, at
the last general election in the State at which electors for
President of the United States were elected. For political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the political subdivision at the last regular election at
which an officer was regularly scheduled to be elected from
that subdivision. For wards or districts of political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the ward or district at the last regular election at which
an officer was regularly scheduled to be elected from that
ward or district.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than one
party.
The changes made to this Section of this amendatory Act of
the 93rd General Assembly are declarative of existing law,
except for item (3) of subsection (d).
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the
names of 2 or more candidates of the same political party for
the same or different offices. In the case of the offices of
Governor and Lieutenant Governor, a joint petition including
one candidate for each of those offices must be filed.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
Sec. 7-10.2. In the designation of the name of a candidate
on a petition for nomination or certificate of nomination the
candidate's given name or names, initial or initials, a
nickname by which the candidate is commonly known, or a
combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition or certificate for that
office, whichever is applicable, then (i) the candidate's name
on the petition or certificate must be followed by "formerly
known as (list all prior names during the 3-year period) until
name changed on (list date of each such name change)" and (ii)
the petition or certificate must be accompanied by the
candidate's affidavit stating the candidate's previous names
during the period specified in (i) and the date or dates each
of those names was changed; failure to meet these requirements
shall be grounds for denying certification of the candidate's
name for the ballot or removing the candidate's name from the
ballot, as appropriate, but these requirements do not apply to
name changes resulting from adoption to assume an adoptive
parent's or parents' surname, marriage or civil union to
assume a spouse's surname, or dissolution of marriage or civil
union or declaration of invalidity of marriage or civil union
to assume a former surname or a name change that conforms the
candidate's name to his or her gender identity. No other
designation such as a political slogan, as defined by Section
7-17, title or degree, or nickname suggesting or implying
possession of a title, degree or professional status, or
similar information may be used in connection with the
candidate's surname.
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
Sec. 7-12. All petitions for nomination shall be filed by
mail or in person as follows:
(1) Except as otherwise provided in this Code, where
Where the nomination is to be made for a State,
congressional, or judicial office, or for any office a
nomination for which is made for a territorial division or
district which comprises more than one county or is partly
in one county and partly in another county or counties
(including the Fox Metro Water Reclamation District),
then, except as otherwise provided in this Section, such
petition for nomination shall be filed in the principal
office of the State Board of Elections not more than 113
and not less than 106 days prior to the date of the
primary, but, in the case of petitions for nomination to
fill a vacancy by special election in the office of
representative in Congress from this State, such petition
for nomination shall be filed in the principal office of
the State Board of Elections not more than 85 days and not
less than 82 days prior to the date of the primary.
Where a vacancy occurs in the office of Supreme,
Appellate or Circuit Court Judge within the 3-week period
preceding the 106th day before a general primary election,
petitions for nomination for the office in which the
vacancy has occurred shall be filed in the principal
office of the State Board of Elections not more than 92 nor
less than 85 days prior to the date of the general primary
election.
Where the nomination is to be made for delegates or
alternate delegates to a national nominating convention,
then such petition for nomination shall be filed in the
principal office of the State Board of Elections not more
than 113 and not less than 106 days prior to the date of
the primary; provided, however, that if the rules or
policies of a national political party conflict with such
requirements for filing petitions for nomination for
delegates or alternate delegates to a national nominating
convention, the chair of the State central committee of
such national political party shall notify the Board in
writing, citing by reference the rules or policies of the
national political party in conflict, and in such case the
Board shall direct such petitions to be filed in
accordance with the delegate selection plan adopted by the
state central committee of such national political party.
(2) Where the nomination is to be made for a county
office or trustee of a sanitary district then such
petition shall be filed in the office of the county clerk
not more than 113 nor less than 106 days prior to the date
of the primary.
(3) Where the nomination is to be made for a municipal
or township office, such petitions for nomination shall be
filed in the office of the local election official, not
more than 99 nor less than 92 days prior to the date of the
primary; provided, where a municipality's or township's
boundaries are coextensive with or are entirely within the
jurisdiction of a municipal board of election
commissioners, the petitions shall be filed in the office
of such board; and provided, that petitions for the office
of multi-township assessor shall be filed with the
election authority.
(4) The petitions of candidates for State central
committeeperson shall be filed in the principal office of
the State Board of Elections not more than 113 nor less
than 106 days prior to the date of the primary.
(5) Petitions of candidates for precinct, township or
ward committeepersons shall be filed in the office of the
county clerk not more than 113 nor less than 106 days prior
to the date of the primary.
(6) The State Board of Elections and the various
election authorities and local election officials with
whom such petitions for nominations are filed shall
specify the place where filings shall be made and upon
receipt shall endorse thereon the day and hour on which
each petition was filed. All petitions filed by persons
waiting in line as of 8:00 a.m. on the first day for
filing, or as of the normal opening hour of the office
involved on such day, shall be deemed filed as of 8:00 a.m.
or the normal opening hour, as the case may be. Petitions
filed by mail and received after midnight of the first day
for filing and in the first mail delivery or pickup of that
day shall be deemed as filed as of 8:00 a.m. of that day or
as of the normal opening hour of such day, as the case may
be. All petitions received thereafter shall be deemed as
filed in the order of actual receipt. However, 2 or more
petitions filed within the last hour of the filing
deadline shall be deemed filed simultaneously. Where 2 or
more petitions are received simultaneously, the State
Board of Elections or the various election authorities or
local election officials with whom such petitions are
filed shall break ties and determine the order of filing,
by means of a lottery or other fair and impartial method of
random selection approved by the State Board of Elections.
Such lottery shall be conducted within 9 days following
the last day for petition filing and shall be open to the
public. Seven days written notice of the time and place of
conducting such random selection shall be given by the
State Board of Elections to the chair of the State central
committee of each established political party, and by each
election authority or local election official, to the
County Chair of each established political party, and to
each organization of citizens within the election
jurisdiction which was entitled, under this Article, at
the next preceding election, to have pollwatchers present
on the day of election. The State Board of Elections,
election authority or local election official shall post
in a conspicuous, open and public place, at the entrance
of the office, notice of the time and place of such
lottery. The State Board of Elections shall adopt rules
and regulations governing the procedures for the conduct
of such lottery. All candidates shall be certified in the
order in which their petitions have been filed. Where
candidates have filed simultaneously, they shall be
certified in the order determined by lot and prior to
candidates who filed for the same office at a later time.
(7) The State Board of Elections or the appropriate
election authority or local election official with whom
such a petition for nomination is filed shall notify the
person for whom a petition for nomination has been filed
of the obligation to file statements of organization,
reports of campaign contributions, and annual reports of
campaign contributions and expenditures under Article 9 of
this Act. Such notice shall be given in the manner
prescribed by paragraph (7) of Section 9-16 of this Code.
(8) Nomination papers filed under this Section are not
valid if the candidate named therein fails to file a
statement of economic interests as required by the
Illinois Governmental Ethics Act in relation to his
candidacy with the appropriate officer by the end of the
period for the filing of nomination papers unless he has
filed a statement of economic interests in relation to the
same governmental unit with that officer within a year
preceding the date on which such nomination papers were
filed. If the nomination papers of any candidate and the
statement of economic interest of that candidate are not
required to be filed with the same officer, the candidate
must file with the officer with whom the nomination papers
are filed a receipt from the officer with whom the
statement of economic interests is filed showing the date
on which such statement was filed. Such receipt shall be
so filed not later than the last day on which nomination
papers may be filed.
(9) Except as otherwise provided in this Code, any Any
person for whom a petition for nomination, or for
committeeperson or for delegate or alternate delegate to a
national nominating convention has been filed may cause
his name to be withdrawn by request in writing, signed by
him and duly acknowledged before an officer qualified to
take acknowledgments of deeds, and filed in the principal
or permanent branch office of the State Board of Elections
or with the appropriate election authority or local
election official, not later than the date of
certification of candidates for the consolidated primary
or general primary ballot. No names so withdrawn shall be
certified or printed on the primary ballot. If petitions
for nomination have been filed for the same person with
respect to more than one political party, his name shall
not be certified nor printed on the primary ballot of any
party. If petitions for nomination have been filed for the
same person for 2 or more offices which are incompatible
so that the same person could not serve in more than one of
such offices if elected, that person must withdraw as a
candidate for all but one of such offices within the 5
business days following the last day for petition filing.
A candidate in a judicial election may file petitions for
nomination for only one vacancy in a subcircuit and only
one vacancy in a circuit in any one filing period, and if
petitions for nomination have been filed for the same
person for 2 or more vacancies in the same circuit or
subcircuit in the same filing period, his or her name
shall be certified only for the first vacancy for which
the petitions for nomination were filed. If he fails to
withdraw as a candidate for all but one of such offices
within such time his name shall not be certified, nor
printed on the primary ballot, for any office. For the
purpose of the foregoing provisions, an office in a
political party is not incompatible with any other office.
(10)(a) Notwithstanding the provisions of any other
statute, no primary shall be held for an established
political party in any township, municipality, or ward
thereof, where the nomination of such party for every
office to be voted upon by the electors of such township,
municipality, or ward thereof, is uncontested. Whenever a
political party's nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted
upon by the electors of a township, municipality, or ward
thereof, then a primary shall be held for that party in
such township, municipality, or ward thereof; provided
that the primary ballot shall not include those offices
within such township, municipality, or ward thereof, for
which the nomination is uncontested. For purposes of this
Article, the nomination of an established political party
of a candidate for election to an office shall be deemed to
be uncontested where not more than the number of persons
to be nominated have timely filed valid nomination papers
seeking the nomination of such party for election to such
office.
(b) Notwithstanding the provisions of any other
statute, no primary election shall be held for an
established political party for any special primary
election called for the purpose of filling a vacancy in
the office of representative in the United States Congress
where the nomination of such political party for said
office is uncontested. For the purposes of this Article,
the nomination of an established political party of a
candidate for election to said office shall be deemed to
be uncontested where not more than the number of persons
to be nominated have timely filed valid nomination papers
seeking the nomination of such established party for
election to said office. This subsection (b) shall not
apply if such primary election is conducted on a regularly
scheduled election day.
(c) Notwithstanding the provisions in subparagraph (a)
and (b) of this paragraph (10), whenever a person who has
not timely filed valid nomination papers and who intends
to become a write-in candidate for a political party's
nomination for any office for which the nomination is
uncontested files a written statement or notice of that
intent with the State Board of Elections or the local
election official with whom nomination papers for such
office are filed, a primary ballot shall be prepared and a
primary shall be held for that office. Such statement or
notice shall be filed on or before the date established in
this Article for certifying candidates for the primary
ballot. Such statement or notice shall contain (i) the
name and address of the person intending to become a
write-in candidate, (ii) a statement that the person is a
qualified primary elector of the political party from whom
the nomination is sought, (iii) a statement that the
person intends to become a write-in candidate for the
party's nomination, and (iv) the office the person is
seeking as a write-in candidate. An election authority
shall have no duty to conduct a primary and prepare a
primary ballot for any office for which the nomination is
uncontested unless a statement or notice meeting the
requirements of this Section is filed in a timely manner.
(11) If multiple sets of nomination papers are filed
for a candidate to the same office, the State Board of
Elections, appropriate election authority or local
election official where the petitions are filed shall
within 2 business days notify the candidate of his or her
multiple petition filings and that the candidate has 3
business days after receipt of the notice to notify the
State Board of Elections, appropriate election authority
or local election official that he or she may cancel prior
sets of petitions. If the candidate notifies the State
Board of Elections, appropriate election authority or
local election official, the last set of petitions filed
shall be the only petitions to be considered valid by the
State Board of Elections, election authority or local
election official. If the candidate fails to notify the
State Board of Elections, election authority or local
election official then only the first set of petitions
filed shall be valid and all subsequent petitions shall be
void.
(12) All nominating petitions shall be available for
public inspection and shall be preserved for a period of
not less than 6 months.
(Source: P.A. 100-1027, eff. 1-1-19; 101-523, eff. 8-23-19.)
(10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
Sec. 7-13. The board of election commissioners in cities
of 500,000 or more population having such board, shall
constitute an electoral board for the hearing and passing upon
objections to nomination petitions for ward committeepersons.
Except as otherwise provided in this Code, such Such
objections shall be filed in the office of the county clerk
within 5 business days after the last day for filing
nomination papers. The objection shall state the name and
address of the objector, who may be any qualified elector in
the ward, the specific grounds of objection and the relief
requested of the electoral board. Upon the receipt of the
objection, the county clerk shall forthwith transmit such
objection and the petition of the candidate to the board of
election commissioners. The board of election commissioners
shall forthwith notify the objector and candidate objected to
of the time and place for hearing hereon. After a hearing upon
the validity of such objections, the board shall certify to
the county clerk its decision stating whether or not the name
of the candidate shall be printed on the ballot and the county
clerk in his or her certificate to the board of election
commissioners shall leave off of the certificate the name of
the candidate for ward committeeperson that the election
commissioners order not to be printed on the ballot. However,
the decision of the board of election commissioners is subject
to judicial review as provided in Section 10-10.1.
The county electoral board composed as provided in Section
10-9 shall constitute an electoral board for the hearing and
passing upon objections to nomination petitions for precinct
and township committeepersons. Such objections shall be filed
in the office of the county clerk within 5 business days after
the last day for filing nomination papers. The objection shall
state the name and address of the objector who may be any
qualified elector in the precinct or in the township or part of
a township that lies outside of a city having a population of
500,000 or more, the specific grounds of objection and the
relief requested of the electoral board. Upon the receipt of
the objection the county clerk shall forthwith transmit such
objection and the petition of the candidate to the chair of the
county electoral board. The chair of the county electoral
board shall forthwith notify the objector, the candidate whose
petition is objected to and the other members of the electoral
board of the time and place for hearing thereon. After hearing
upon the validity of such objections the board shall certify
its decision to the county clerk stating whether or not the
name of the candidate shall be printed on the ballot, and the
county clerk, in his or her certificate to the board of
election commissioners, shall leave off of the certificate the
name of the candidate ordered by the board not to be printed on
the ballot, and the county clerk shall also refrain from
printing on the official primary ballot, the name of any
candidate whose name has been ordered by the electoral board
not to be printed on the ballot. However, the decision of the
board is subject to judicial review as provided in Section
10-10.1.
In such proceedings the electoral boards have the same
powers as other electoral boards under the provisions of
Section 10-10 of this Act and their decisions are subject to
judicial review under Section 10-10.1.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-14) (from Ch. 46, par. 7-14)
Sec. 7-14. Except as otherwise provided in this Code, not
Not less than 68 days before the date of the general primary
the State Board of Elections shall meet and shall examine all
petitions filed under this Article 7, in the office of the
State Board of Elections. The State Board of Elections shall
then certify to the county clerk of each county, the names of
all candidates whose nomination papers or certificates of
nomination have been filed with the Board and direct the
county clerk to place upon the official ballot for the general
primary election the names of such candidates in the same
manner and in the same order as shown upon the certification.
The State Board of Elections shall, in its certificate to
the county clerk, certify the names of the offices, and the
names of the candidates in the order in which the offices and
names shall appear upon the primary ballot; such names to
appear in the order in which petitions have been filed in the
office of the State Board of Elections except as otherwise
provided in this Article.
Not less than 62 days before the date of the general
primary, each county clerk shall certify the names of all
candidates whose nomination papers have been filed with such
clerk and declare that the names of such candidates for the
respective offices shall be placed upon the official ballot
for the general primary in the order in which such nomination
papers were filed with the clerk, or as determined by lot, or
as otherwise specified by statute. Each county clerk shall
place a copy of the certification on file in his or her office
and at the same time issue to the board of election
commissioners a copy of the certification that has been filed
in the county clerk's office, together with a copy of the
certification that has been issued to the clerk by the State
Board of Elections, with directions to the board of election
commissioners to place upon the official ballot for the
general primary in that election jurisdiction the names of all
candidates that are listed on such certification in the same
manner and in the same order as shown upon such
certifications.
The certification shall indicate, where applicable, the
following:
(1) The political party affiliation of the candidates
for the respective offices;
(2) If there is to be more than one candidate elected
or nominated to an office from the State, political
subdivision or district;
(3) If the voter has the right to vote for more than
one candidate for an office;
(4) The term of office, if a vacancy is to be filled
for less than a full term or if the offices to be filled in
a political subdivision or district are for different
terms.
The State Board of Elections or the county clerk, as the
case may be, shall issue an amended certification whenever it
is discovered that the original certification is in error.
Subject to appeal, the names of candidates whose
nomination papers have been held invalid by the appropriate
electoral board provided in Section 10-9 of this Code shall
not be certified.
(Source: P.A. 96-1008, eff. 7-6-10.)
(10 ILCS 5/7-16) (from Ch. 46, par. 7-16)
Sec. 7-16. Each election authority in each county shall
prepare and cause to be printed the primary ballot of each
political party for each precinct in his respective
jurisdiction.
Except as otherwise provided in this Code, the The
election authority shall, at least 45 days prior to the date of
the primary election, have a sufficient number of ballots
printed so that such ballots will be available for mailing 45
days prior to the primary election to persons who have filed
application for a ballot under the provisions of Article 20 of
this Act.
(Source: P.A. 80-1469.)
(10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
Sec. 7-17. Candidate ballot name procedures.
(a) Each election authority in each county shall cause to
be printed upon the general primary ballot of each party for
each precinct in his jurisdiction the name of each candidate
whose petition for nomination or for committeeperson has been
filed in the office of the county clerk, as herein provided;
and also the name of each candidate whose name has been
certified to his office by the State Board of Elections, and in
the order so certified, except as hereinafter provided.
It shall be the duty of the election authority to cause to
be printed upon the consolidated primary ballot of each
political party for each precinct in his jurisdiction the name
of each candidate whose name has been certified to him, as
herein provided and which is to be voted for in such precinct.
(b) In the designation of the name of a candidate on the
primary ballot the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly known,
or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition for nomination, nomination
papers, or certificate of nomination for that office,
whichever is applicable, then (i) the candidate's name on the
primary ballot must be followed by "formerly known as (list
all prior names during the 3-year period) until name changed
on (list date of each such name change)" and (ii) the petition,
papers, or certificate must be accompanied by the candidate's
affidavit stating the candidate's previous names during the
period specified in (i) and the date or dates each of those
names was changed; failure to meet these requirements shall be
grounds for denying certification of the candidate's name for
the ballot or removing the candidate's name from the ballot,
as appropriate, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage or civil union to assume a
spouse's surname, or dissolution of marriage or civil union or
declaration of invalidity of marriage or civil union to assume
a former surname or a name change that conforms the
candidate's name to his or her gender identity. No other
designation such as a political slogan, title, or degree, or
nickname suggesting or implying possession of a title, degree
or professional status, or similar information may be used in
connection with the candidate's surname. For purposes of this
Section, a "political slogan" is defined as any word or words
expressing or connoting a position, opinion, or belief that
the candidate may espouse, including but not limited to, any
word or words conveying any meaning other than that of the
personal identity of the candidate. A candidate may not use a
political slogan as part of his or her name on the ballot,
notwithstanding that the political slogan may be part of the
candidate's name.
(c) The State Board of Elections, a local election
official, or an election authority shall remove any
candidate's name designation from a ballot that is
inconsistent with subsection (b) of this Section. In addition,
the State Board of Elections, a local election official, or an
election authority shall not certify to any election authority
any candidate name designation that is inconsistent with
subsection (b) of this Section.
(d) If the State Board of Elections, a local election
official, or an election authority removes a candidate's name
designation from a ballot under subsection (c) of this
Section, then the aggrieved candidate may seek appropriate
relief in circuit court.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
Sec. 7-43. Every person having resided in this State 6
months and in the precinct 30 days next preceding any primary
therein who shall be a citizen of the United States of the age
of 18 or more years shall be entitled to vote at such primary.
The following regulations shall be applicable to
primaries:
No person shall be entitled to vote at a primary:
(a) Unless he declares his party affiliations as
required by this Article.
(b) (Blank).
(c) (Blank).
(c.5) If that person has participated in the town
political party caucus, under Section 45-50 of the
Township Code, of another political party by signing
an affidavit of voters attending the caucus within 45
days before the first day of the calendar month in
which the primary is held.
(d) (Blank).
In cities, villages and incorporated towns having a
board of election commissioners only voters registered as
provided by Article 6 of this Act shall be entitled to vote
at such primary.
No person shall be entitled to vote at a primary
unless he is registered under the provisions of Articles
4, 5 or 6 of this Act, when his registration is required by
any of said Articles to entitle him to vote at the election
with reference to which the primary is held.
A person (i) who filed a statement of candidacy for a
partisan office as a qualified primary voter of an established
political party or (ii) who voted the ballot of an established
political party at a general primary election may not file a
statement of candidacy as a candidate of a different
established political party, a new political party, or as an
independent candidate for a partisan office to be filled at
the general election immediately following the general primary
for which the person filed the statement or voted the ballot. A
person may file a statement of candidacy for a partisan office
as a qualified primary voter of an established political party
regardless of any prior filing of candidacy for a partisan
office or voting the ballot of an established political party
at any prior election.
(Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)
(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
Sec. 7-59. (a) The person receiving the highest number of
votes at a primary as a candidate of a party for the nomination
for an office shall be the candidate of that party for such
office, and his name as such candidate shall be placed on the
official ballot at the election then next ensuing; provided,
that where there are two or more persons to be nominated for
the same office or board, the requisite number of persons
receiving the highest number of votes shall be nominated and
their names shall be placed on the official ballot at the
following election.
Except as otherwise provided by Section 7-8 of this Act,
the person receiving the highest number of votes of his party
for State central committeeperson of his congressional
district shall be declared elected State central
committeeperson from said congressional district.
Unless a national political party specifies that delegates
and alternate delegates to a National nominating convention be
allocated by proportional selection representation according
to the results of a Presidential preference primary, the
requisite number of persons receiving the highest number of
votes of their party for delegates and alternate delegates to
National nominating conventions from the State at large, and
the requisite number of persons receiving the highest number
of votes of their party for delegates and alternate delegates
to National nominating conventions in their respective
congressional districts shall be declared elected delegates
and alternate delegates to the National nominating conventions
of their party.
A political party which elects the members to its State
Central Committee by Alternative B under paragraph (a) of
Section 7-8 shall select its congressional district delegates
and alternate delegates to its national nominating convention
by proportional selection representation according to the
results of a Presidential preference primary in each
congressional district in the manner provided by the rules of
the national political party and the State Central Committee,
when the rules and policies of the national political party so
require.
A political party which elects the members to its State
Central Committee by Alternative B under paragraph (a) of
Section 7-8 shall select its at large delegates and alternate
delegates to its national nominating convention by
proportional selection representation according to the results
of a Presidential preference primary in the whole State in the
manner provided by the rules of the national political party
and the State Central Committee, when the rules and policies
of the national political party so require.
The person receiving the highest number of votes of his
party for precinct committeeperson of his precinct shall be
declared elected precinct committeeperson from said precinct.
The person receiving the highest number of votes of his
party for township committeeperson of his township or part of
a township as the case may be, shall be declared elected
township committeeperson from said township or part of a
township as the case may be. In cities where ward
committeepersons are elected, the person receiving the highest
number of votes of his party for ward committeeperson of his
ward shall be declared elected ward committeeperson from said
ward.
When two or more persons receive an equal and the highest
number of votes for the nomination for the same office or for
committeeperson of the same political party, or where more
than one person of the same political party is to be nominated
as a candidate for office or committeeperson, if it appears
that more than the number of persons to be nominated for an
office or elected committeeperson have the highest and an
equal number of votes for the nomination for the same office or
for election as committeeperson, the election authority by
which the returns of the primary are canvassed shall decide by
lot which of said persons shall be nominated or elected, as the
case may be. In such case the election authority shall issue
notice in writing to such persons of such tie vote stating
therein the place, the day (which shall not be more than 5 days
thereafter) and the hour when such nomination or election
shall be so determined.
(b) Except as otherwise provided in this Code, write-in
Write-in votes shall be counted only for persons who have
filed notarized declarations of intent to be write-in
candidates with the proper election authority or authorities
not later than 61 days prior to the primary. However, whenever
an objection to a candidate's nominating papers or petitions
for any office is sustained under Section 10-10 after the 61st
day before the election, then write-in votes shall be counted
for that candidate if he or she has filed a notarized
declaration of intent to be a write-in candidate for that
office with the proper election authority or authorities not
later than 7 days prior to the election.
Forms for the declaration of intent to be a write-in
candidate shall be supplied by the election authorities. Such
declaration shall specify the office for which the person
seeks nomination or election as a write-in candidate.
The election authority or authorities shall deliver a list
of all persons who have filed such declarations to the
election judges in the appropriate precincts prior to the
primary.
(c) (1) Notwithstanding any other provisions of this
Section, where the number of candidates whose names have been
printed on a party's ballot for nomination for or election to
an office at a primary is less than the number of persons the
party is entitled to nominate for or elect to the office at the
primary, a person whose name was not printed on the party's
primary ballot as a candidate for nomination for or election
to the office, is not nominated for or elected to that office
as a result of a write-in vote at the primary unless the number
of votes he received equals or exceeds the number of
signatures required on a petition for nomination for that
office; or unless the number of votes he receives exceeds the
number of votes received by at least one of the candidates
whose names were printed on the primary ballot for nomination
for or election to the same office.
(2) Paragraph (1) of this subsection does not apply where
the number of candidates whose names have been printed on the
party's ballot for nomination for or election to the office at
the primary equals or exceeds the number of persons the party
is entitled to nominate for or elect to the office at the
primary.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
Sec. 7-60. Not less than 74 days before the date of the
general election, the State Board of Elections shall certify
to the county clerks the names of each of the candidates who
have been nominated as shown by the proclamation of the State
Board of Elections as a canvassing board or who have been
nominated to fill a vacancy in nomination and direct the
election authority to place upon the official ballot for the
general election the names of such candidates in the same
manner and in the same order as shown upon the certification,
except as otherwise provided in this Code Section.
Except as otherwise provided in this Code, not Not less
than 68 days before the date of the general election, each
county clerk shall certify the names of each of the candidates
for county offices who have been nominated as shown by the
proclamation of the county election authority or who have been
nominated to fill a vacancy in nomination and declare that the
names of such candidates for the respective offices shall be
placed upon the official ballot for the general election in
the same manner and in the same order as shown upon the
certification, except as otherwise provided by this Section.
Each county clerk shall place a copy of the certification on
file in his or her office and at the same time issue to the
State Board of Elections a copy of such certification. In
addition, each county clerk in whose county there is a board of
election commissioners shall, not less than 68 days before the
date of the general election, issue to such board a copy of the
certification that has been filed in the county clerk's
office, together with a copy of the certification that has
been issued to the clerk by the State Board of Elections, with
directions to the board of election commissioners to place
upon the official ballot for the general election in that
election jurisdiction the names of all candidates that are
listed on such certifications, in the same manner and in the
same order as shown upon such certifications, except as
otherwise provided in this Section.
Whenever there are two or more persons nominated by the
same political party for multiple offices for any board, the
name of the candidate of such party receiving the highest
number of votes in the primary election as a candidate for such
office, as shown by the official election returns of the
primary, shall be certified first under the name of such
offices, and the names of the remaining candidates of such
party for such offices shall follow in the order of the number
of votes received by them respectively at the primary election
as shown by the official election results.
No person who is shown by the final proclamation to have
been nominated or elected at the primary as a write-in
candidate shall have his or her name certified unless such
person shall have filed with the certifying office or board
within 10 days after the election authority's proclamation a
statement of candidacy pursuant to Section 7-10, a statement
pursuant to Section 7-10.1, and a receipt for the filing of a
statement of economic interests in relation to the unit of
government to which he or she has been elected or nominated.
Each county clerk and board of election commissioners
shall determine by a fair and impartial method of random
selection the order of placement of established political
party candidates for the general election ballot. Such
determination shall be made within 30 days following the
canvass and proclamation of the results of the general primary
in the office of the county clerk or board of election
commissioners and shall be open to the public. Seven days
written notice of the time and place of conducting such random
selection shall be given, by each such election authority, to
the County Chair of each established political party, and to
each organization of citizens within the election jurisdiction
which was entitled, under this Article, at the next preceding
election, to have pollwatchers present on the day of election.
Each election authority shall post in a conspicuous, open and
public place, at the entrance of the election authority
office, notice of the time and place of such lottery. However,
a board of election commissioners may elect to place
established political party candidates on the general election
ballot in the same order determined by the county clerk of the
county in which the city under the jurisdiction of such board
is located.
Each certification shall indicate, where applicable, the
following:
(1) The political party affiliation of the candidates
for the respective offices;
(2) If there is to be more than one candidate elected
to an office from the State, political subdivision or
district;
(3) If the voter has the right to vote for more than
one candidate for an office;
(4) The term of office, if a vacancy is to be filled
for less than a full term or if the offices to be filled in
a political subdivision are for different terms.
The State Board of Elections or the county clerk, as the
case may be, shall issue an amended certification whenever it
is discovered that the original certification is in error.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
Sec. 7-61. Whenever a special election is necessary the
provisions of this Article are applicable to the nomination of
candidates to be voted for at such special election.
In cases where a primary election is required the officer
or board or commission whose duty it is under the provisions of
this Act relating to general elections to call an election,
shall fix a date for the primary for the nomination of
candidates to be voted for at such special election. Notice of
such primary shall be given at least 15 days prior to the
maximum time provided for the filing of petitions for such a
primary as provided in Section 7-12.
Any vacancy in nomination under the provisions of this
Article 7 occurring on or after the primary and prior to
certification of candidates by the certifying board or
officer, must be filled prior to the date of certification.
Any vacancy in nomination occurring after certification but
prior to 15 days before the general election shall be filled
within 8 days after the event creating the vacancy. The
resolution filling the vacancy shall be sent by U. S. mail or
personal delivery to the certifying officer or board within 3
days of the action by which the vacancy was filled; provided,
if such resolution is sent by mail and the U. S. postmark on
the envelope containing such resolution is dated prior to the
expiration of such 3 day limit, the resolution shall be deemed
filed within such 3 day limit. Failure to so transmit the
resolution within the time specified in this Section shall
authorize the certifying officer or board to certify the
original candidate. Vacancies shall be filled by the officers
of a local municipal or township political party as specified
in subsection (h) of Section 7-8, other than a statewide
political party, that is established only within a
municipality or township and the managing committee (or
legislative committee in case of a candidate for State Senator
or representative committee in the case of a candidate for
State Representative in the General Assembly or State central
committee in the case of a candidate for statewide office,
including but not limited to the office of United States
Senator) of the respective political party for the territorial
area in which such vacancy occurs.
The resolution to fill a vacancy in nomination shall be
duly acknowledged before an officer qualified to take
acknowledgements of deeds and shall include, upon its face,
the following information:
(a) the name of the original nominee and the office
vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill
the vacancy and the date of selection.
The resolution to fill a vacancy in nomination shall be
accompanied by a Statement of Candidacy, as prescribed in
Section 7-10, completed by the selected nominee and a receipt
indicating that such nominee has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
The provisions of Section 10-8 through 10-10.1 relating to
objections to certificates of nomination and nomination
papers, hearings on objections, and judicial review, shall
apply to and govern objections to resolutions for filling a
vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before
the consolidated election or the general election shall not be
filled. In this event, the certification of the original
candidate shall stand and his name shall appear on the
official ballot to be voted at the general election.
A vacancy in nomination occurs when a candidate who has
been nominated under the provisions of this Article 7 dies
before the election (whether death occurs prior to, on or
after the day of the primary), or declines the nomination;
provided that nominations may become vacant for other reasons.
If the name of no established political party candidate
was printed on the consolidated primary ballot for a
particular office and if no person was nominated as a write-in
candidate for such office, a vacancy in nomination shall be
created which may be filled in accordance with the
requirements of this Section. Except as otherwise provided in
this Code, if If the name of no established political party
candidate was printed on the general primary ballot for a
particular office and if no person was nominated as a write-in
candidate for such office, a vacancy in nomination shall be
filled only by a person designated by the appropriate
committee of the political party and only if that designated
person files nominating petitions with the number of
signatures required for an established party candidate for
that office within 75 days after the day of the general
primary. The circulation period for those petitions begins on
the day the appropriate committee designates that person. The
person shall file his or her nominating petitions, statements
of candidacy, notice of appointment by the appropriate
committee, and receipt of filing his or her statement of
economic interests together. These documents shall be filed at
the same location as provided in Section 7-12. The electoral
boards having jurisdiction under Section 10-9 to hear and pass
upon objections to nominating petitions also shall hear and
pass upon objections to nomination petitions filed by
candidates under this paragraph.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at such primary election, is
ineligible to be listed on the ballot at that general or
consolidated election as a candidate of another political
party.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus, is ineligible to be listed on the
ballot at that general or consolidated election as a candidate
of another political party.
In the proceedings to nominate a candidate to fill a
vacancy or to fill a vacancy in the nomination, each precinct,
township, ward, county or congressional district, as the case
may be, shall through its representative on such central or
managing committee, be entitled to one vote for each ballot
voted in such precinct, township, ward, county or
congressional district, as the case may be, by the primary
electors of its party at the primary election immediately
preceding the meeting at which such vacancy is to be filled.
For purposes of this Section, the words "certify" and
"certification" shall refer to the act of officially declaring
the names of candidates entitled to be printed upon the
official ballot at an election and directing election
authorities to place the names of such candidates upon the
official ballot. "Certifying officers or board" shall refer to
the local election official, election authority or the State
Board of Elections, as the case may be, with whom nomination
papers, including certificates of nomination and resolutions
to fill vacancies in nomination, are filed and whose duty it is
to "certify" candidates.
(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
(10 ILCS 5/8-5) (from Ch. 46, par. 8-5)
Sec. 8-5. Legislative committees; representative
committees. There shall be constituted one legislative
committee for each political party in each legislative
district and one representative committee for each political
party in each representative district. Legislative and
representative committees shall be composed as follows:
In legislative or representative districts within or
including a portion of any county containing 2,000,000 or more
inhabitants, the legislative or representative committee of a
political party shall consist of the committeepersons of such
party representing each township or ward of such county any
portion of which township or ward is included within such
legislative or representative district and the chair of each
county central committee of such party of any county
containing less than 2,000,000 inhabitants any portion of
which county is included within such legislative or
representative district.
In the remainder of the State, the legislative or
representative committee of a political party shall consist of
the chair of each county central committee of such party, any
portion of which county is included within such legislative or
representative district; but if a legislative or
representative district comprises only one county, or part of
a county, its legislative or representative committee shall
consist of the chair of the county central committee and 2
members of the county central committee appointed who reside
in the legislative or representative district, as the case may
be, elected by the chair of the county central committee.
Within 180 days after the primary of the even-numbered
year immediately following the decennial redistricting
required by Section 3 of Article IV of the Illinois
Constitution of 1970, the ward committeepersons, township
committeepersons or chairmen of county central committees
within each of the redistricted legislative and representative
districts shall meet and proceed to organize by electing from
among their own number a chair and, either from among their own
number or otherwise, such other officers as they may deem
necessary or expedient. The ward committeepersons, township
committeepersons or chairmen of county central committees
shall determine the time and place (which shall be in the
limits of such district) of such meeting. Immediately upon
completion of organization, the chair shall forward to the
State Board of Elections the names and addresses of the chair
and secretary of the committee. A vacancy shall occur when a
member dies, resigns or ceases to reside in the county,
township or ward which he represented.
Within 180 days after the primary of each other
even-numbered year, each legislative committee and
representative committee shall meet and proceed to organize by
electing from among its own number a chair, and either from its
own number or otherwise, such other officers as each committee
may deem necessary or expedient. Immediately upon completion
of organization, the chair shall forward to the State Board of
Elections, the names and addresses of the chair and secretary
of the committee. The outgoing chair of such committee shall
notify the members of the time and place (which shall be in the
limits of such district) of such meeting. A vacancy shall
occur when a member dies, resigns, or ceases to reside in the
county, township or ward, which he represented.
If any change is made in the boundaries of any precinct,
township or ward, the committeeperson previously elected
therefrom shall continue to serve, as if no boundary change
had occurred, for the purpose of acting as a member of a
legislative or representative committee until his successor is
elected or appointed.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
Sec. 8-8. Form of petition for nomination. The name of no
candidate for nomination shall be printed upon the primary
ballot unless a petition for nomination shall have been filed
in his behalf as provided for in this Section. Each such
petition shall include as a part thereof the oath required by
Section 7-10.1 of this Act and a statement of candidacy by the
candidate filing or in whose behalf the petition is filed.
This statement shall set out the address of such candidate,
the office for which he is a candidate, shall state that the
candidate is a qualified primary voter of the party to which
the petition relates, is qualified for the office specified
and has filed a statement of economic interests as required by
the Illinois Governmental Ethics Act, shall request that the
candidate's name be placed upon the official ballot and shall
be subscribed and sworn by such candidate before some officer
authorized to take acknowledgment of deeds in this State and
may be in substantially the following form:
State of Illinois)
) ss.
County ..........)
I, ...., being first duly sworn, say that I reside at ....
street in the city (or village of) .... in the county of ....
State of Illinois; that I am a qualified voter therein and am a
qualified primary voter of .... party; that I am a candidate
for nomination to the office of .... to be voted upon at the
primary election to be held on (insert date); that I am legally
qualified to hold such office and that I have filed a statement
of economic interests as required by the Illinois Governmental
Ethics Act and I hereby request that my name be printed upon
the official primary ballot for nomination for such office.
Signed ....................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).
Signed .... (Official Character)
(Seal if officer has one.)
The receipt issued by the Secretary of State indicating
that the candidate has filed the statement of economic
interests required by the Illinois Governmental Ethics Act
must be filed with the petitions for nomination as provided in
subsection (8) of Section 7-12 of this Code.
Except as otherwise provided in this Code, all All
petitions for nomination for the office of State Senator shall
be signed by at least 1,000 but not more than 3,000 of the
qualified primary electors of the candidate's party in his
legislative district.
Except as otherwise provided in this Code, all All
petitions for nomination for the office of Representative in
the General Assembly shall be signed by at least 500 but not
more than 1,500 of the qualified primary electors of the
candidate's party in his or her representative district.
Opposite the signature of each qualified primary elector
who signs a petition for nomination for the office of State
Representative or State Senator such elector's residence
address shall be written or printed. The residence address
required to be written or printed opposite each qualified
primary elector's name shall include the street address or
rural route number of the signer, as the case may be, as well
as the signer's county and city, village or town.
For the purposes of this Section, the number of primary
electors shall be determined by taking the total vote cast, in
the applicable district, for the candidate for such political
party who received the highest number of votes, state-wide, at
the last general election in the State at which electors for
President of the United States were elected.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than one
party.
In the affidavit at the bottom of each sheet, the petition
circulator, who shall be a person 18 years of age or older who
is a citizen of the United States, shall state his or her
street address or rural route number, as the case may be, as
well as his or her county, city, village or town, and state;
and shall certify that the signatures on that sheet of the
petition were signed in his or her presence; and shall certify
that the signatures are genuine; and shall certify that to the
best of his or her knowledge and belief the persons so signing
were at the time of signing the petition qualified primary
voters for which the nomination is sought.
In the affidavit at the bottom of each petition sheet, the
petition circulator shall either (1) indicate the dates on
which he or she circulated that sheet, or (2) indicate the
first and last dates on which the sheet was circulated, or (3)
certify that none of the signatures on the sheet were signed
more than 90 days preceding the last day for the filing of the
petition. No petition sheet shall be circulated more than 90
days preceding the last day provided in Section 8-9 for the
filing of such petition.
All petition sheets which are filed with the State Board
of Elections shall be the original sheets which have been
signed by the voters and by the circulator, and not
photocopies or duplicates of such sheets.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
(Source: P.A. 97-81, eff. 7-5-11.)
(10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
Sec. 8-8.1. In the designation of the name of a candidate
on a petition for nomination, the candidate's given name or
names, initial or initials, a nickname by which the candidate
is commonly known, or a combination thereof, may be used in
addition to the candidate's surname. If a candidate has
changed his or her name, whether by a statutory or common law
procedure in Illinois or any other jurisdiction, within 3
years before the last day for filing the petition for that
office, then (i) the candidate's name on the petition must be
followed by "formerly known as (list all prior names during
the 3-year period) until name changed on (list date of each
such name change)" and (ii) the petition must be accompanied
by the candidate's affidavit stating the candidate's previous
names during the period specified in (i) and the date or dates
each of those names was changed; failure to meet these
requirements shall be grounds for denying certification of the
candidate's name for the ballot or removing the candidate's
name from the ballot, as appropriate, but these requirements
do not apply to name changes resulting from adoption to assume
an adoptive parent's or parents' surname, marriage or civil
union to assume a spouse's surname, or dissolution of marriage
or civil union or declaration of invalidity of marriage or
civil union to assume a former surname or a name change that
conforms the candidate's name to his or her gender identity.
No other designation such as a political slogan, title, or
degree, or nickname suggesting or implying possession of a
title, degree or professional status, or similar information
may be used in connection with the candidate's surname.
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
(10 ILCS 5/8-10) (from Ch. 46, par. 8-10)
Sec. 8-10. Except as otherwise provided in this Code, not
Not less than 68 days prior to the date of the primary, the
State Board of Elections shall certify to the county clerk for
each county, the names of all candidates for legislative
offices, as specified in the petitions for nominations on file
in its office, which are to be voted for in such county,
stating in such certificates the political affiliation of each
candidate for nomination, as specified in the petitions. The
State Board of Elections shall, in its certificate to the
county clerk, certify to the county clerk the names of the
candidates in the order in which the names shall appear upon
the primary ballot, the names to appear in the order in which
petitions have been filed.
Not less than 62 days prior to the date of the primary, the
county clerk shall certify to the board of election
commissioners if there be any such board in his county, the
names of all candidates so certified to him by the State Board
of Elections in the districts wholly or partly within the
jurisdiction of said board and in the order in which such names
are certified to him.
(Source: P.A. 97-81, eff. 7-5-11.)
(10 ILCS 5/8-17) (from Ch. 46, par. 8-17)
Sec. 8-17. The death of any candidate prior to, or on, the
date of the primary shall not affect the canvass of the
ballots. If the result of such canvass discloses that such
candidate, if he had lived, would have been nominated, such
candidate shall be declared nominated.
In the event that a candidate of a party who has been
nominated under the provisions of this Article shall die
before election (whether death occurs prior to, or on, or
after, the date of the primary) or decline the nomination or
should the nomination for any other reason become vacant, the
legislative or representative committee of such party for such
district shall nominate a candidate of such party to fill such
vacancy. However, if there was no candidate for the nomination
of the party in the primary, except as otherwise provided in
this Code, no candidate of that party for that office may be
listed on the ballot at the general election, unless the
legislative or representative committee of the party nominates
a candidate to fill the vacancy in nomination within 75 days
after the date of the general primary election. Vacancies in
nomination occurring under this Article shall be filled by the
appropriate legislative or representative committee in
accordance with the provisions of Section 7-61 of this Code.
In proceedings to fill the vacancy in nomination, the voting
strength of the members of the legislative or representative
committee shall be as provided in Section 8-6.
(Source: P.A. 96-1008, eff. 7-6-10.)
(10 ILCS 5/9-8.10)
Sec. 9-8.10. Use of political committee and other
reporting organization funds.
(a) A political committee shall not make expenditures:
(1) In violation of any law of the United States or of
this State.
(2) Clearly in excess of the fair market value of the
services, materials, facilities, or other things of value
received in exchange.
(3) For satisfaction or repayment of any debts other
than loans made to the committee or to the public official
or candidate on behalf of the committee or repayment of
goods and services purchased by the committee under a
credit agreement. Nothing in this Section authorizes the
use of campaign funds to repay personal loans. The
repayments shall be made by check written to the person
who made the loan or credit agreement. The terms and
conditions of any loan or credit agreement to a committee
shall be set forth in a written agreement, including but
not limited to the method and amount of repayment, that
shall be executed by the chair or treasurer of the
committee at the time of the loan or credit agreement. The
loan or agreement shall also set forth the rate of
interest for the loan, if any, which may not substantially
exceed the prevailing market interest rate at the time the
agreement is executed.
(4) For the satisfaction or repayment of any debts or
for the payment of any expenses relating to a personal
residence. Campaign funds may not be used as collateral
for home mortgages.
(5) For clothing or personal laundry expenses, except
clothing items rented by the public official or candidate
for his or her own use exclusively for a specific
campaign-related event, provided that committees may
purchase costumes, novelty items, or other accessories
worn primarily to advertise the candidacy.
(6) For the travel expenses of any person unless the
travel is necessary for fulfillment of political,
governmental, or public policy duties, activities, or
purposes.
(7) For membership or club dues charged by
organizations, clubs, or facilities that are primarily
engaged in providing health, exercise, or recreational
services; provided, however, that funds received under
this Article may be used to rent the clubs or facilities
for a specific campaign-related event.
(8) In payment for anything of value or for
reimbursement of any expenditure for which any person has
been reimbursed by the State or any person. For purposes
of this item (8), a per diem allowance is not a
reimbursement.
(9) For the lease or purchase of or installment
payment for a motor vehicle unless the political committee
can demonstrate that purchase of a motor vehicle is more
cost-effective than leasing a motor vehicle as permitted
under this item (9). A political committee may lease or
purchase and insure, maintain, and repair a motor vehicle
if the vehicle will be used primarily for campaign
purposes or for the performance of governmental duties.
Nothing in this paragraph prohibits a political committee
from using political funds to make expenditures related to
vehicles not purchased or leased by a political committee,
provided the expenditure relates to the use of the vehicle
for primarily campaign purposes or the performance of
governmental duties. A committee shall not make
expenditures for use of the vehicle for non-campaign or
non-governmental purposes. Persons using vehicles not
purchased or leased by a political committee may be
reimbursed for actual mileage for the use of the vehicle
for campaign purposes or for the performance of
governmental duties. The mileage reimbursements shall be
made at a rate not to exceed the standard mileage rate
method for computation of business expenses under the
Internal Revenue Code.
(10) Directly for an individual's tuition or other
educational expenses, except for governmental or political
purposes directly related to a candidate's or public
official's duties and responsibilities.
(11) For payments to a public official or candidate or
his or her family member unless for compensation for
services actually rendered by that person. The provisions
of this item (11) do not apply to expenditures by a
political committee for expenses related to providing
childcare for a minor child or care for a dependent family
member if the care is reasonably necessary for the public
official or candidate to fulfill political or governmental
duties. The provisions of this item (11) do not apply to
expenditures by a political committee in an aggregate
amount not exceeding the amount of funds reported to and
certified by the State Board or county clerk as available
as of June 30, 1998, in the semi-annual report of
contributions and expenditures filed by the political
committee for the period concluding June 30, 1998.
(b) The Board shall have the authority to investigate,
upon receipt of a verified complaint, violations of the
provisions of this Section. The Board may levy a fine on any
person who knowingly makes expenditures in violation of this
Section and on any person who knowingly makes a malicious and
false accusation of a violation of this Section. The Board may
act under this subsection only upon the affirmative vote of at
least 5 of its members. The fine shall not exceed $500 for each
expenditure of $500 or less and shall not exceed the amount of
the expenditure plus $500 for each expenditure greater than
$500. The Board shall also have the authority to render
rulings and issue opinions relating to compliance with this
Section.
(c) Nothing in this Section prohibits the expenditure of
funds of a political committee controlled by an officeholder
or by a candidate to defray the customary and reasonable
expenses of an officeholder in connection with the performance
of governmental and public service functions.
(d) Nothing in this Section prohibits the funds of a
political committee which is controlled by a person convicted
of a violation of any of the offenses listed in subsection (a)
of Section 10 of the Public Corruption Profit Forfeiture Act
from being forfeited to the State under Section 15 of the
Public Corruption Profit Forfeiture Act.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
Sec. 9-13. Audits of political committees.
(a) The Board shall have the authority to order a
political committee to conduct an audit of the financial
records required to be maintained by the committee to ensure
compliance with Sections 9-8.5 and 9-10. Audits ordered by the
Board shall be conducted as provided in this Section and as
provided by Board rule.
(b) The Board may order a political committee to conduct
an audit of its financial records for any of the following
reasons: (i) a discrepancy between the ending balance of a
reporting period and the beginning balance of the next
reporting period, (ii) failure to account for previously
reported investments or loans, or (iii) a discrepancy between
reporting contributions received by or expenditures made for a
political committee that are reported by another political
committee, except the Board shall not order an audit pursuant
to this item (iii) unless there is a willful pattern of
inaccurate reporting or there is a pattern of similar
inaccurate reporting involving similar contributions by the
same contributor. Prior to ordering an audit, the Board shall
afford the political committee due notice and an opportunity
for a closed preliminary hearing. A political committee shall
hire an entity qualified to perform an audit; except, a
political committee shall not hire a person that has
contributed to the political committee during the previous 4
years.
(c) In each calendar year, the Board shall randomly select
order no more than 3% of registered political committees to
conduct an audit. The Board shall establish a standard,
scientific method of selecting the political committees that
are to be audited so that every political committee has an
equal mathematical chance of being selected. A political
committee selected to conduct an audit through the random
selection process shall only be required to conduct the audit
if it was required to file at least one quarterly report during
the period to be covered by the audit and has: (i) a fund
balance of $10,000 or more as of the close of the most recent
reporting period; (ii) an average closing fund balance of
$10,000 or more on quarterly reports occurring during the
2-year period to be covered by the audit; or (iii) average
total receipts of $10,000 or more on quarterly reports
occurring during the 2-year period to be covered by the audit.
Notwithstanding any other provision of this subsection, a
political committee owing unpaid fines at the time of its
random selection shall be ordered to conduct an audit. The
Board shall not select additional registered political
committees to conduct an audit to replace any of the
originally selected political committees.
(d) Upon receipt of notification from the Board ordering
an audit, a political committee shall conduct an audit of the
financial records required to be maintained by the committee
to ensure compliance with the contribution limitations
established in Section 9-8.5 and the reporting requirements
established in Section 9-3 and Section 9-10 for a period of 2
years from the close of the most recent reporting period or the
period since the committee was previously ordered to conduct
an audit, whichever is shorter. The entity performing the
audit shall review the amount of funds and investments
maintained by the political committee and ensure the financial
records accurately account for any contributions and
expenditures made by the political committee. A certified copy
of the audit shall be delivered to the Board within 60 calendar
days after receipt of notice from the Board, unless the Board
grants an extension to complete the audit. A political
committee ordered to conduct an audit through the random
selection process shall not be required to conduct another
audit for a minimum of 5 years unless the Board has reason to
believe the political committee is in violation of Section
9-3, 9-8.5, or 9-10.
(e) The Board shall not disclose the name of any political
committee ordered to conduct an audit or any documents in
possession of the Board related to an audit unless, after
review of the audit findings, the Board has reason to believe
the political committee is in violation of Section 9-3, 9-8.5,
or 9-10 and the Board imposed a fine.
(f) Failure to deliver a certified audit in a timely
manner is a business offense punishable by a fine of $250 per
day that the audit is late, up to a maximum of $5,000.
(Source: P.A. 100-784, eff. 8-10-18.)
(10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
Sec. 10-3. Nomination of independent candidates (not
candidates of any political party), for any office to be
filled by the voters of the State at large may also be made by
nomination papers signed in the aggregate for each candidate
by 1% of the number of voters who voted in the next preceding
Statewide general election or 25,000 qualified voters of the
State, whichever is less. Nominations of independent
candidates for public office within any district or political
subdivision less than the State, may be made by nomination
papers signed in the aggregate for each candidate by qualified
voters of such district, or political subdivision, equaling
not less than 5%, nor more than 8% (or 50 more than the
minimum, whichever is greater) of the number of persons, who
voted at the next preceding regular election in such district
or political subdivision in which such district or political
subdivision voted as a unit for the election of officers to
serve its respective territorial area. However, whenever the
minimum signature requirement for an independent candidate
petition for a district or political subdivision office shall
exceed the minimum number of signatures for an independent
candidate petition for an office to be filled by the voters of
the State at large at the next preceding State-wide general
election, such State-wide petition signature requirement shall
be the minimum for an independent candidate petition for such
district or political subdivision office. For the first
election following a redistricting of congressional districts,
nomination papers for an independent candidate for
congressperson congressman shall be signed by at least 5,000
qualified voters of the congressional district. For the first
election following a redistricting of legislative districts,
nomination papers for an independent candidate for State
Senator in the General Assembly shall be signed by at least
3,000 qualified voters of the legislative district. For the
first election following a redistricting of representative
districts, nomination papers for an independent candidate for
State Representative in the General Assembly shall be signed
by at least 1,500 qualified voters of the representative
district. For the first election following redistricting of
county board districts, or of municipal wards or districts, or
for the first election following the initial establishment of
such districts or wards in a county or municipality,
nomination papers for an independent candidate for county
board member, or for alderperson alderman or trustee of such
municipality, shall be signed by qualified voters of the
district or ward equal to not less than 5% nor more than 8% (or
50 more than the minimum, whichever is greater) of the total
number of votes cast at the preceding general or general
municipal election, as the case may be, for the county or
municipal office voted on throughout such county or
municipality for which the greatest total number of votes were
cast for all candidates, divided by the number of districts or
wards, but in any event not less than 25 qualified voters of
the district or ward. Each voter signing a nomination paper
shall add to his signature his place of residence, and each
voter may subscribe to one nomination for such office to be
filled, and no more: Provided that the name of any candidate
whose name may appear in any other place upon the ballot shall
not be so added by petition for the same office.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that;
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
(3) the persons striking signatures from the petition
shall each sign an additional certificate specifying the
number of certification pages listing stricken signatures
which are attached to the petition and the page numbers
indicated on such certifications. The certificate shall be
filed as a part of the petition, shall be numbered, and
shall be attached immediately following the last page of
voters' signatures and before the certifications of
stricken signatures.
(4) all of the foregoing requirements shall be
necessary to effect a valid striking of any signature. The
provisions of this Section authorizing the striking of
signatures shall not impose any criminal liability on any
person so authorized for signatures which may be
fraudulent.
In the case of the offices of Governor and Lieutenant
Governor a joint petition including one candidate for each of
those offices must be filed.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at the primary election, is
ineligible to be placed on the ballot as an independent
candidate for election in that general or consolidated
election.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus, is ineligible to be listed on the
ballot at that general or consolidated election as an
independent candidate.
(Source: P.A. 95-699, eff. 11-9-07.)
(10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
Sec. 10-4. Form of petition for nomination. All petitions
for nomination under this Article 10 for candidates for public
office in this State, shall in addition to other requirements
provided by law, be as follows: Such petitions shall consist
of sheets of uniform size and each sheet shall contain, above
the space for signature, an appropriate heading, giving the
information as to name of candidate or candidates in whose
behalf such petition is signed; the office; the party; place
of residence; and such other information or wording as
required to make same valid, and the heading of each sheet
shall be the same. Such petition shall be signed by the
qualified voters in their own proper persons only, and
opposite the signature of each signer his residence address
shall be written or printed. The residence address required to
be written or printed opposite each qualified primary
elector's name shall include the street address or rural route
number of the signer, as the case may be, as well as the
signer's county, and city, village or town, and state.
However, the county or city, village or town, and state of
residence of such electors may be printed on the petition
forms where all of the electors signing the petition reside in
the same county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address,
including street number, if any. Except as otherwise provided
in this Code, no No signature shall be valid or be counted in
considering the validity or sufficiency of such petition
unless the requirements of this Section are complied with. At
the bottom of each sheet of such petition shall be added a
circulator's statement, signed by a person 18 years of age or
older who is a citizen of the United States; stating the street
address or rural route number, as the case may be, as well as
the county, city, village or town, and state; certifying that
the signatures on that sheet of the petition were signed in his
or her presence; certifying that the signatures are genuine;
and either (1) indicating the dates on which that sheet was
circulated, or (2) indicating the first and last dates on
which the sheet was circulated, or (3) certifying that none of
the signatures on the sheet were signed more than 90 days
preceding the last day for the filing of the petition; and
certifying that to the best of his knowledge and belief the
persons so signing were at the time of signing the petition
duly registered voters under Articles 4, 5 or 6 of the Code of
the political subdivision or district for which the candidate
or candidates shall be nominated, and certifying that their
respective residences are correctly stated therein. Such
statement shall be sworn to before some officer authorized to
administer oaths in this State. Except as otherwise provided
in this Code, no No petition sheet shall be circulated more
than 90 days preceding the last day provided in Section 10-6
for the filing of such petition. Such sheets, before being
presented to the electoral board or filed with the proper
officer of the electoral district or division of the state or
municipality, as the case may be, shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All petition
sheets which are filed with the proper local election
officials, election authorities or the State Board of
Elections shall be the original sheets which have been signed
by the voters and by the circulator, and not photocopies or
duplicates of such sheets. A petition, when presented or
filed, shall not be withdrawn, altered, or added to, and no
signature shall be revoked except by revocation in writing
presented or filed with the officers or officer with whom the
petition is required to be presented or filed, and before the
presentment or filing of such petition. Whoever forges any
name of a signer upon any petition shall be deemed guilty of a
forgery, and on conviction thereof, shall be punished
accordingly. The word "petition" or "petition for nomination",
as used herein, shall mean what is sometimes known as
nomination papers, in distinction to what is known as a
certificate of nomination. The words "political division for
which the candidate is nominated", or its equivalent, shall
mean the largest political division in which all qualified
voters may vote upon such candidate or candidates, as the
state in the case of state officers; the township in the case
of township officers et cetera. Provided, further, that no
person shall circulate or certify petitions for candidates of
more than one political party, or for an independent candidate
or candidates in addition to one political party, to be voted
upon at the next primary or general election, or for such
candidates and parties with respect to the same political
subdivision at the next consolidated election.
(Source: P.A. 98-756, eff. 7-16-14.)
(10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
Sec. 10-5.1. In the designation of the name of a candidate
on a certificate of nomination or nomination papers the
candidate's given name or names, initial or initials, a
nickname by which the candidate is commonly known, or a
combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the certificate of nomination or
nomination papers for that office, whichever is applicable,
then (i) the candidate's name on the certificate or papers
must be followed by "formerly known as (list all prior names
during the 3-year period) until name changed on (list date of
each such name change)" and (ii) the certificate or paper must
be accompanied by the candidate's affidavit stating the
candidate's previous names during the period specified in (i)
and the date or dates each of those names was changed; failure
to meet these requirements shall be grounds for denying
certification of the candidate's name for the ballot or
removing the candidate's name from the ballot, as appropriate,
but these requirements do not apply to name changes resulting
from adoption to assume an adoptive parent's or parents'
surname, marriage or civil union to assume a spouse's surname,
or dissolution of marriage or civil union or declaration of
invalidity of marriage or civil union to assume a former
surname or a name change that conforms the candidate's name to
his or her gender identity. No other designation such as a
political slogan, title, or degree, or nickname suggesting or
implying possession of a title, degree or professional status,
or similar information may be used in connection with the
candidate's surname.
(Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
Sec. 10-6. Time and manner of filing. Except as otherwise
provided in this Code, certificates Certificates of nomination
and nomination papers for the nomination of candidates for
offices to be filled by electors of the entire State, or any
district not entirely within a county, or for congressional,
state legislative or judicial offices, shall be presented to
the principal office of the State Board of Elections not more
than 141 nor less than 134 days previous to the day of election
for which the candidates are nominated. The State Board of
Elections shall endorse the certificates of nomination or
nomination papers, as the case may be, and the date and hour of
presentment to it. Except as otherwise provided in this Code
section, all other certificates for the nomination of
candidates shall be filed with the county clerk of the
respective counties not more than 141 but at least 134 days
previous to the day of such election. Certificates of
nomination and nomination papers for the nomination of
candidates for school district offices to be filled at
consolidated elections shall be filed with the county clerk or
county board of election commissioners of the county in which
the principal office of the school district is located not
more than 113 nor less than 106 days before the consolidated
election. Except as otherwise provided in this Code,
certificates Certificates of nomination and nomination papers
for the nomination of candidates for the other offices of
political subdivisions to be filled at regular elections other
than the general election shall be filed with the local
election official of such subdivision:
(1) (Blank);
(2) not more than 113 nor less than 106 days prior to
the consolidated election; or
(3) not more than 113 nor less than 106 days prior to
the general primary in the case of municipal offices to be
filled at the general primary election; or
(4) not more than 99 nor less than 92 days before the
consolidated primary in the case of municipal offices to
be elected on a nonpartisan basis pursuant to law
(including without limitation, those municipal offices
subject to Articles 4 and 5 of the Municipal Code); or
(5) not more than 113 nor less than 106 days before the
municipal primary in even numbered years for such
nonpartisan municipal offices where annual elections are
provided; or
(6) in the case of petitions for the office of
multi-township assessor, such petitions shall be filed
with the election authority not more than 113 nor less
than 106 days before the consolidated election.
However, where a political subdivision's boundaries are
co-extensive with or are entirely within the jurisdiction of a
municipal board of election commissioners, the certificates of
nomination and nomination papers for candidates for such
political subdivision offices shall be filed in the office of
such Board.
(Source: P.A. 98-691, eff. 7-1-14; 99-522, eff. 6-30-16.)
(10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
Sec. 10-7. Except as otherwise provided in this Code, any
Any person whose name has been presented as a candidate,
including nonpartisan and independent candidates, may cause
his name to be withdrawn from any such nomination by his
request in writing, signed by him and duly acknowledged before
an officer qualified to take acknowledgment of deeds, and
presented to the principal office or permanent branch office
of the Board, the election authority, or the local election
official, as the case may be, not later than the date for
certification of candidates for the ballot. No name so
withdrawn shall be printed upon the ballots under the party
appellation or title from which the candidate has withdrawn
his name. If such a request for withdrawal is received after
the date for certification of the candidates for the ballot,
then the votes cast for the withdrawn candidate are invalid
and shall not be reported by the election authority. If the
name of the same person has been presented as a candidate for 2
or more offices which are incompatible so that the same person
could not serve in more than one of such offices if elected,
that person must withdraw as a candidate for all but one of
such offices within the 5 business days following the last day
for petition filing. If he fails to withdraw as a candidate for
all but one of such offices within such time, his name shall
not be certified, nor printed on the ballot, for any office.
However, nothing in this section shall be construed as
precluding a judge who is seeking retention in office from
also being a candidate for another judicial office. Except as
otherwise herein provided, in case the certificate of
nomination or petition as provided for in this Article shall
contain or exhibit the name of any candidate for any office
upon more than one of said certificates or petitions (for the
same office), then and in that case the Board or election
authority or local election official, as the case may be,
shall immediately notify said candidate of said fact and that
his name appears unlawfully upon more than one of said
certificates or petitions and that within 3 days from the
receipt of said notification, said candidate must elect as to
which of said political party appellations or groups he
desires his name to appear and remain under upon said ballot,
and if said candidate refuses, fails or neglects to make such
election, then and in that case the Board or election
authority or local election official, as the case may be,
shall permit the name of said candidate to appear or be printed
or placed upon said ballot only under the political party
appellation or group appearing on the certificate of
nomination or petition, as the case may be, first filed, and
shall strike or cause to be stricken the name of said candidate
from all certificates of nomination and petitions filed after
the first such certificate of nomination or petition.
Whenever the name of a candidate for an office is
withdrawn from a new political party petition, it shall
constitute a vacancy in nomination for that office which may
be filled in accordance with Section 10-11 of this Article;
provided, that if the names of all candidates for all offices
on a new political party petition are withdrawn or such
petition is declared invalid by an electoral board or upon
judicial review, no vacancies in nomination for those offices
shall exist and the filing of any notice or resolution
purporting to fill vacancies in nomination shall have no legal
effect.
Whenever the name of an independent candidate for an
office is withdrawn or an independent candidate's petition is
declared invalid by an electoral board or upon judicial
review, no vacancy in nomination for that office shall exist
and the filing of any notice or resolution purporting to fill a
vacancy in nomination shall have no legal effect.
All certificates of nomination and nomination papers when
presented or filed shall be open, under proper regulation, to
public inspection, and the State Board of Elections and the
several election authorities and local election officials
having charge of nomination papers shall preserve the same in
their respective offices not less than 6 months.
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
Sec. 10-8. Except as otherwise provided in this Code,
certificates Certificates of nomination and nomination papers,
and petitions to submit public questions to a referendum,
being filed as required by this Code, and being in apparent
conformity with the provisions of this Act, shall be deemed to
be valid unless objection thereto is duly made in writing
within 5 business days after the last day for filing the
certificate of nomination or nomination papers or petition for
a public question, with the following exceptions:
A. In the case of petitions to amend Article IV of the
Constitution of the State of Illinois, there shall be a
period of 35 business days after the last day for the
filing of such petitions in which objections can be filed.
B. In the case of petitions for advisory questions of
public policy to be submitted to the voters of the entire
State, there shall be a period of 35 business days after
the last day for the filing of such petitions in which
objections can be filed.
Any legal voter of the political subdivision or district
in which the candidate or public question is to be voted on, or
any legal voter in the State in the case of a proposed
amendment to Article IV of the Constitution or an advisory
public question to be submitted to the voters of the entire
State, having objections to any certificate of nomination or
nomination papers or petitions filed, shall file an objector's
petition together with 2 copies thereof in the principal
office or the permanent branch office of the State Board of
Elections, or in the office of the election authority or local
election official with whom the certificate of nomination,
nomination papers or petitions are on file. Objection
petitions that do not include 2 copies thereof, shall not be
accepted. In the case of nomination papers or certificates of
nomination, the State Board of Elections, election authority
or local election official shall note the day and hour upon
which such objector's petition is filed, and shall, not later
than 12:00 noon on the second business day after receipt of the
petition, transmit by registered mail or receipted personal
delivery the certificate of nomination or nomination papers
and the original objector's petition to the chair of the
proper electoral board designated in Section 10-9 hereof, or
his authorized agent, and shall transmit a copy by registered
mail or receipted personal delivery of the objector's
petition, to the candidate whose certificate of nomination or
nomination papers are objected to, addressed to the place of
residence designated in said certificate of nomination or
nomination papers. In the case of objections to a petition for
a proposed amendment to Article IV of the Constitution or for
an advisory public question to be submitted to the voters of
the entire State, the State Board of Elections shall note the
day and hour upon which such objector's petition is filed and
shall transmit a copy of the objector's petition by registered
mail or receipted personal delivery to the person designated
on a certificate attached to the petition as the principal
proponent of such proposed amendment or public question, or as
the proponents' attorney, for the purpose of receiving notice
of objections. In the case of objections to a petition for a
public question, to be submitted to the voters of a political
subdivision, or district thereof, the election authority or
local election official with whom such petition is filed shall
note the day and hour upon which such objector's petition was
filed, and shall, not later than 12:00 noon on the second
business day after receipt of the petition, transmit by
registered mail or receipted personal delivery the petition
for the public question and the original objector's petition
to the chair of the proper electoral board designated in
Section 10-9 hereof, or his authorized agent, and shall
transmit a copy by registered mail or receipted personal
delivery, of the objector's petition to the person designated
on a certificate attached to the petition as the principal
proponent of the public question, or as the proponent's
attorney, for the purposes of receiving notice of objections.
The objector's petition shall give the objector's name and
residence address, and shall state fully the nature of the
objections to the certificate of nomination or nomination
papers or petitions in question, and shall state the interest
of the objector and shall state what relief is requested of the
electoral board.
The provisions of this Section and of Sections 10-9, 10-10
and 10-10.1 shall also apply to and govern objections to
petitions for nomination filed under Article 7 or Article 8,
except as otherwise provided in Section 7-13 for cases to
which it is applicable, and also apply to and govern petitions
for the submission of public questions under Article 28.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
Sec. 10-14. Except as otherwise provided in this Code, not
Not less than 74 days before the date of the general election
the State Board of Elections shall certify to the county clerk
of each county the name of each candidate whose nomination
papers, certificate of nomination or resolution to fill a
vacancy in nomination has been filed with the State Board of
Elections and direct the county clerk to place upon the
official ballot for the general election the names of such
candidates in the same manner and in the same order as shown
upon the certification. The name of no candidate for an office
to be filled by the electors of the entire state shall be
placed upon the official ballot unless his name is duly
certified to the county clerk upon a certificate signed by the
members of the State Board of Elections. The names of group
candidates on petitions shall be certified to the several
county clerks in the order in which such names appear on such
petitions filed with the State Board of Elections.
Except as otherwise provided in this Code, not Not less
than 68 days before the date of the general election, each
county clerk shall certify the names of each of the candidates
for county offices whose nomination papers, certificates of
nomination or resolutions to fill a vacancy in nomination have
been filed with such clerk and declare that the names of such
candidates for the respective offices shall be placed upon the
official ballot for the general election in the same manner
and in the same order as shown upon the certification. Each
county clerk shall place a copy of the certification on file in
his or her office and at the same time issue to the State Board
of Elections a copy of such certification. In addition, each
county clerk in whose county there is a board of election
commissioners shall, not less than 69 days before the
election, certify to the board of election commissioners the
name of the person or persons nominated for such office as
shown by the certificate of the State Board of Elections,
together with the names of all other candidates as shown by the
certification of county officers on file in the clerk's
office, and in the order so certified. The county clerk or
board of election commissioners shall print the names of the
nominees on the ballot for each office in the order in which
they are certified to or filed with the county clerk;
provided, that in printing the name of nominees for any
office, if any of such nominees have also been nominated by one
or more political parties pursuant to this Act, the location
of the name of such candidate on the ballot for nominations
made under this Article shall be precisely in the same order in
which it appears on the certification of the State Board of
Elections to the county clerk.
For the general election, the candidates of new political
parties shall be placed on the ballot for said election after
the established political party candidates and in the order of
new political party petition filings.
Each certification shall indicate, where applicable, the
following:
(1) The political party affiliation if any, of the
candidates for the respective offices;
(2) If there is to be more than one candidate elected
to an office from the State, political subdivision or
district;
(3) If the voter has the right to vote for more than
one candidate for an office;
(4) The term of office, if a vacancy is to be filled
for less than a full term or if the offices to be filled in
a political subdivision are for different terms.
The State Board of Elections or the county clerk, as the
case may be, shall issue an amended certification whenever it
is discovered that the original certification is in error.
(Source: P.A. 96-1008, eff. 7-6-10.)
(10 ILCS 5/11-8 new)
Sec. 11-8. Vote centers.
(a) Notwithstanding any law to the contrary, election
authorities shall establish one location to be located at an
office of the election authority or in the largest
municipality within its jurisdiction where all voters in its
jurisdiction are allowed to vote on election day during
polling place hours, regardless of the precinct in which they
are registered. An election authority establishing such a
location under this Section shall identify the location, hours
of operation, and health and safety requirements by the 40th
day preceding the 2022 general primary election and certify
such to the State Board of Elections.
(b) This Section is repealed on January 1, 2023.
(10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
Sec. 16-3. (a) The names of all candidates to be voted for
in each election district or precinct shall be printed on one
ballot, except as is provided in Sections 16-6.1 and 21-1.01
of this Act and except as otherwise provided in this Act with
respect to the odd year regular elections and the emergency
referenda; all nominations of any political party being placed
under the party appellation or title of such party as
designated in the certificates of nomination or petitions. The
names of all independent candidates shall be printed upon the
ballot in a column or columns under the heading "independent"
arranged under the names or titles of the respective offices
for which such independent candidates shall have been
nominated and so far as practicable, the name or names of any
independent candidate or candidates for any office shall be
printed upon the ballot opposite the name or names of any
candidate or candidates for the same office contained in any
party column or columns upon said ballot. The ballot shall
contain no other names, except that in cases of electors for
President and Vice-President of the United States, the names
of the candidates for President and Vice-President may be
added to the party designation and words calculated to aid the
voter in his choice of candidates may be added, such as "Vote
for one," "Vote for not more than three." If no candidate or
candidates file for an office and if no person or persons file
a declaration as a write-in candidate for that office, then
below the title of that office the election authority instead
shall print "No Candidate". When an electronic voting system
is used which utilizes a ballot label booklet, the candidates
and questions shall appear on the pages of such booklet in the
order provided by this Code; and, in any case where candidates
for an office appear on a page which does not contain the name
of any candidate for another office, and where less than 50% of
the page is utilized, the name of no candidate shall be printed
on the lowest 25% of such page. On the back or outside of the
ballot, so as to appear when folded, shall be printed the words
"Official Ballot", followed by the designation of the polling
place for which the ballot is prepared, the date of the
election and a facsimile of the signature of the election
authority who has caused the ballots to be printed. The
ballots shall be of plain white paper, through which the
printing or writing cannot be read. However, ballots for use
at the nonpartisan and consolidated elections may be printed
on different color paper, except blue paper, whenever
necessary or desirable to facilitate distinguishing between
ballots for different political subdivisions. In the case of
nonpartisan elections for officers of a political subdivision,
unless the statute or an ordinance adopted pursuant to Article
VII of the Constitution providing the form of government
therefor requires otherwise, the column listing such
nonpartisan candidates shall be printed with no appellation or
circle at its head. The party appellation or title, or the word
"independent" at the head of any column provided for
independent candidates, shall be printed in letters not less
than one-fourth of an inch in height and a circle one-half inch
in diameter shall be printed at the beginning of the line in
which such appellation or title is printed, provided, however,
that no such circle shall be printed at the head of any column
or columns provided for such independent candidates. The names
of candidates shall be printed in letters not less than
one-eighth nor more than one-fourth of an inch in height, and
at the beginning of each line in which a name of a candidate is
printed a square shall be printed, the sides of which shall be
not less than one-fourth of an inch in length. However, the
names of the candidates for Governor and Lieutenant Governor
on the same ticket shall be printed within a bracket and a
single square shall be printed in front of the bracket. The
list of candidates of the several parties and any such list of
independent candidates shall be placed in separate columns on
the ballot in such order as the election authorities charged
with the printing of the ballots shall decide; provided, that
the names of the candidates of the several political parties,
certified by the State Board of Elections to the several
county clerks shall be printed by the county clerk of the
proper county on the official ballot in the order certified by
the State Board of Elections. Any county clerk refusing,
neglecting or failing to print on the official ballot the
names of candidates of the several political parties in the
order certified by the State Board of Elections, and any
county clerk who prints or causes to be printed upon the
official ballot the name of a candidate, for an office to be
filled by the Electors of the entire State, whose name has not
been duly certified to him upon a certificate signed by the
State Board of Elections shall be guilty of a Class C
misdemeanor.
(b) When an electronic voting system is used which
utilizes a ballot card, on the inside flap of each ballot card
envelope there shall be printed a form for write-in voting
which shall be substantially as follows:
WRITE-IN VOTES
(See card of instructions for specific information.
Duplicate form below by hand for additional write-in votes.)
_____________________________
Title of Office
( ) ____________________________
Name of Candidate
Write-in lines equal to the number of candidates for which
a voter may vote shall be printed for an office only if one or
more persons filed declarations of intent to be write-in
candidates or qualify to file declarations to be write-in
candidates under Sections 17-16.1 and 18-9.1 when the
certification of ballot contains the words "OBJECTION
PENDING".
(c) When an electronic voting system is used which uses a
ballot sheet, the instructions to voters on the ballot sheet
shall refer the voter to the card of instructions for specific
information on write-in voting. Below each office appearing on
such ballot sheet there shall be a provision for the casting of
a write-in vote. Write-in lines equal to the number of
candidates for which a voter may vote shall be printed for an
office only if one or more persons filed declarations of
intent to be write-in candidates or qualify to file
declarations to be write-in candidates under Sections 17-16.1
and 18-9.1 when the certification of ballot contains the words
"OBJECTION PENDING".
(d) When such electronic system is used, there shall be
printed on the back of each ballot card, each ballot card
envelope, and the first page of the ballot label when a ballot
label is used, the words "Official Ballot," followed by the
number of the precinct or other precinct identification, which
may be stamped, in lieu thereof and, as applicable, the number
and name of the township, ward or other election district for
which the ballot card, ballot card envelope, and ballot label
are prepared, the date of the election and a facsimile of the
signature of the election authority who has caused the ballots
to be printed. The back of the ballot card shall also include a
method of identifying the ballot configuration such as a
listing of the political subdivisions and districts for which
votes may be cast on that ballot, or a number code identifying
the ballot configuration or color coded ballots, except that
where there is only one ballot configuration in a precinct,
the precinct identification, and any applicable ward
identification, shall be sufficient. Ballot card envelopes
used in punch card systems shall be of paper through which no
writing or punches may be discerned and shall be of sufficient
length to enclose all voting positions. However, the election
authority may provide ballot card envelopes on which no
precinct number or township, ward or other election district
designation, or election date are preprinted, if space and a
preprinted form are provided below the space provided for the
names of write-in candidates where such information may be
entered by the judges of election. Whenever an election
authority utilizes ballot card envelopes on which the election
date and precinct is not preprinted, a judge of election shall
mark such information for the particular precinct and election
on the envelope in ink before tallying and counting any
write-in vote written thereon. If some method of insuring
ballot secrecy other than an envelope is used, such
information must be provided on the ballot itself.
(e) In the designation of the name of a candidate on the
ballot, the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly known,
or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition for nomination, nomination
papers, or certificate of nomination for that office,
whichever is applicable, then (i) the candidate's name on the
ballot must be followed by "formerly known as (list all prior
names during the 3-year period) until name changed on (list
date of each such name change)" and (ii) the petition, papers,
or certificate must be accompanied by the candidate's
affidavit stating the candidate's previous names during the
period specified in (i) and the date or dates each of those
names was changed; failure to meet these requirements shall be
grounds for denying certification of the candidate's name for
the ballot or removing the candidate's name from the ballot,
as appropriate, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage or civil union to assume a
spouse's surname, or dissolution of marriage or civil union or
declaration of invalidity of marriage or civil union to assume
a former surname or a name change that conforms the
candidate's name to his or her gender identity. No other
designation such as a political slogan, title, or degree or
nickname suggesting or implying possession of a title, degree
or professional status, or similar information may be used in
connection with the candidate's surname. For purposes of this
Section, a "political slogan" is defined as any word or words
expressing or connoting a position, opinion, or belief that
the candidate may espouse, including but not limited to, any
word or words conveying any meaning other than that of the
personal identity of the candidate. A candidate may not use a
political slogan as part of his or her name on the ballot,
notwithstanding that the political slogan may be part of the
candidate's name.
(f) The State Board of Elections, a local election
official, or an election authority shall remove any
candidate's name designation from a ballot that is
inconsistent with subsection (e) of this Section. In addition,
the State Board of Elections, a local election official, or an
election authority shall not certify to any election authority
any candidate name designation that is inconsistent with
subsection (e) of this Section.
(g) If the State Board of Elections, a local election
official, or an election authority removes a candidate's name
designation from a ballot under subsection (f) of this
Section, then the aggrieved candidate may seek appropriate
relief in circuit court.
Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
Nothing in this Section shall prohibit election
authorities from using or reusing ballot card envelopes which
were printed before the effective date of this amendatory Act
of 1985.
(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07;
95-862, eff. 8-19-08.)
(10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
Sec. 16-5.01. (a) Except as otherwise provided in this
Code, the The election authority shall, at least 46 days prior
to the date of any election at which federal officers are
elected and 45 days prior to any other regular election, have a
sufficient number of ballots printed so that such ballots will
be available for mailing 45 days prior to the date of the
election to persons who have filed application for a ballot
under the provisions of Article 20 of this Act.
(b) If at any election at which federal offices are
elected or nominated the election authority is unable to
comply with the provisions of subsection (a), the election
authority shall mail to each such person, in lieu of the
ballot, a Special Write-in Vote by Mail Voter's Blank Ballot.
The Special Write-in Vote by Mail Voter's Blank Ballot shall
be used at all elections at which federal officers are elected
or nominated and shall be prepared by the election authority
in substantially the following form:
Special Write-in Vote by Mail Voter's Blank Ballot
(To vote for a person, write the title of the office and
his or her name on the lines provided. Place to the left of and
opposite the title of office a square and place a cross (X) in
the square.)
Title of Office Name of Candidate
( )
( )
( )
( )
( )
( )
The election authority shall send with the Special
Write-in Vote by Mail Voter's Blank Ballot a list of all
referenda for which the voter is qualified to vote and all
candidates for whom nomination papers have been filed and for
whom the voter is qualified to vote. The voter shall be
entitled to write in the name of any candidate seeking
election and any referenda for which he or she is entitled to
vote.
On the back or outside of the ballot, so as to appear when
folded, shall be printed the words "Official Ballot", the date
of the election and a facsimile of the signature of the
election authority who has caused the ballot to be printed.
The provisions of Article 20, insofar as they may be
applicable to the Special Write-in Vote by Mail Voter's Blank
Ballot, shall be applicable herein.
(c) Notwithstanding any provision of this Code or other
law to the contrary, the governing body of a municipality may
adopt, upon submission of a written statement by the
municipality's election authority attesting to the
administrative ability of the election authority to administer
an election using a ranked ballot to the municipality's
governing body, an ordinance requiring, and that
municipality's election authority shall prepare, a ranked vote
by mail ballot for municipal and township office candidates to
be voted on in the consolidated election. This ranked ballot
shall be for use only by a qualified voter who either is a
member of the United States military or will be outside of the
United States on the consolidated primary election day and the
consolidated election day. The ranked ballot shall contain a
list of the titles of all municipal and township offices
potentially contested at both the consolidated primary
election and the consolidated election and the candidates for
each office and shall permit the elector to vote in the
consolidated election by indicating his or her order of
preference for each candidate for each office. To indicate his
or her order of preference for each candidate for each office,
the voter shall put the number one next to the name of the
candidate who is the voter's first choice, the number 2 for his
or her second choice, and so forth so that, in consecutive
numerical order, a number indicating the voter's preference is
written by the voter next to each candidate's name on the
ranked ballot. The voter shall not be required to indicate his
or her preference for more than one candidate on the ranked
ballot. The voter may not cast a write-in vote using the ranked
ballot for the consolidated election. The election authority
shall, if using the ranked vote by mail ballot authorized by
this subsection, also prepare instructions for use of the
ranked ballot. The ranked ballot for the consolidated election
shall be mailed to the voter at the same time that the ballot
for the consolidated primary election is mailed to the voter
and the election authority shall accept the completed ranked
ballot for the consolidated election when the authority
accepts the completed ballot for the consolidated primary
election.
The voter shall also be sent a vote by mail ballot for the
consolidated election for those races that are not related to
the results of the consolidated primary election as soon as
the consolidated election ballot is certified.
The State Board of Elections shall adopt rules for
election authorities for the implementation of this
subsection, including but not limited to the application for
and counting of ranked ballots.
(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15.)
(10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
Sec. 17-13. (a) In the case of an emergency, as determined
by the State Board of Elections, or if the Board determines
that all potential polling places have been surveyed by the
election authority and that no accessible polling place, as
defined by rule of the State Board of Elections, is available
within a precinct nor is the election authority able to make a
polling place within the precinct temporarily accessible, the
Board, upon written application by the election authority, is
authorized to grant an exemption from the accessibility
requirements of the Federal Voting Accessibility for the
Elderly and Handicapped Act (Public Law 98-435). Such
exemption shall be valid for a period of 2 years.
(b) Any voter with a temporary or permanent disability
who, because of structural features of the building in which
the polling place is located, is unable to access or enter the
polling place, may request that 2 judges of election of
opposite party affiliation deliver a ballot to him or her at
the point where he or she is unable to continue forward motion
toward the polling place; but, in no case, shall a ballot be
delivered to the voter beyond 50 feet of the entrance to the
building in which the polling place is located. Such request
shall be made to the election authority not later than the
close of business at the election authority's office on the
day before the election and on a form prescribed by the State
Board of Elections. The election authority shall notify the
judges of election for the appropriate precinct polling places
of such requests.
Weather permitting, 2 judges of election shall deliver to
the voter with a disability the ballot which he or she is
entitled to vote, a portable voting booth or other enclosure
that will allow such voter to mark his or her ballot in
secrecy, and a marking device.
(c) The voter must complete the entire voting process,
including the application for ballot from which the judges of
election shall compare the voter's signature with the
signature on his or her registration record card in the
precinct binder.
(d) Election authorities may establish curb-side voting
for individuals to cast a ballot during early voting or on
election day. An election authority's curb-side voting program
shall designate at least 2 election judges from opposite
parties per vehicle and the individual must have the option to
mark the ballot without interference from the election judges.
After the voter has marked his or her ballot and placed it
in the ballot envelope (or folded it in the manner prescribed
for paper ballots), the 2 judges of election shall return the
ballot to the polling place and give it to the judge in charge
of the ballot box who shall deposit it therein.
Pollwatchers as provided in Sections 7-34 and 17-23 of
this Code shall be permitted to accompany the judges and
observe the above procedure.
No assistance may be given to such voter in marking his or
her ballot, unless the voter requests assistance and completes
the affidavit required by Section 17-14 of this Code.
(Source: P.A. 102-1, eff. 4-2-21.)
(10 ILCS 5/17-13.5 new)
Sec. 17-13.5. Curbside voting. Election authorities may
establish curbside voting for individuals to cast a ballot
during early voting or on election day. An election
authority's curbside voting program shall designate at least 2
election judges from opposite parties per vehicle, and the
individual shall have the opportunity to mark the ballot
without interference from the election judges.
(10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
Sec. 17-16.1. Except as otherwise provided in this Code,
write-in Write-in votes shall be counted only for persons who
have filed notarized declarations of intent to be write-in
candidates with the proper election authority or authorities
not later than 61 days prior to the election. However,
whenever an objection to a candidate's nominating papers or
petitions for any office is sustained under Section 10-10
after the 61st day before the election, then write-in votes
shall be counted for that candidate if he or she has filed a
notarized declaration of intent to be a write-in candidate for
that office with the proper election authority or authorities
not later than 7 days prior to the election.
Forms for the declaration of intent to be a write-in
candidate shall be supplied by the election authorities. Such
declaration shall specify the office for which the person
seeks election as a write-in candidate.
The election authority or authorities shall deliver a list
of all persons who have filed such declarations to the
election judges in the appropriate precincts prior to the
election.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at the primary election is
ineligible to file a declaration of intent to be a write-in
candidate for election in that general or consolidated
election.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus is ineligible to file a declaration
of intent to be a write-in candidate for election in that
general or consolidated election.
A candidate seeking election to an office for which
candidates are nominated at a primary election on a
nonpartisan basis and who is defeated for his or her
nomination at the primary election is ineligible to file a
declaration of intent to be a write-in candidate for election
in that general or consolidated election.
Nothing in this Section shall be construed to apply to
votes cast under the provisions of subsection (b) of Section
16-5.01.
(Source: P.A. 95-699, eff. 11-9-07.)
(10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
Sec. 18-9.1. Except as otherwise provided in this Code,
write-in Write-in votes shall be counted only for persons who
have filed notarized declarations of intent to be write-in
candidates with the proper election authority or authorities
not later than 61 days prior to the election. However,
whenever an objection to a candidate's nominating papers or
petitions is sustained under Section 10-10 after the 61st day
before the election, then write-in votes shall be counted for
that candidate if he or she has filed a notarized declaration
of intent to be a write-in candidate for that office with the
proper election authority or authorities not later than 7 days
prior to the election.
Forms for the declaration of intent to be a write-in
candidate shall be supplied by the election authorities. Such
declaration shall specify the office for which the person
seeks election as a write-in candidate.
The election authority or authorities shall deliver a list
of all persons who have filed such declarations to the
election judges in the appropriate precincts prior to the
election.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at the primary election, is
ineligible to file a declaration of intent to be a write-in
candidate for election in that general or consolidated
election.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus is ineligible to file a declaration
of intent to be a write-in candidate for election in that
general or consolidated election.
A candidate seeking election to an office for which
candidates are nominated at a primary election on a
nonpartisan basis and who is defeated for his or her
nomination at the primary election is ineligible to file a
declaration of intent to be a write-in candidate for election
in that general or consolidated election.
Nothing in this Section shall be construed to apply to
votes cast under the provisions of subsection (b) of Section
16-5.01.
(Source: P.A. 95-699, eff. 11-9-07.)
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
Sec. 19-2. Except as otherwise provided in this Code, any
Any elector as defined in Section 19-1 may by mail or
electronically on the website of the appropriate election
authority, not more than 90 nor less than 5 days prior to the
date of such election, or by personal delivery not more than 90
nor less than one day prior to the date of such election, make
application to the county clerk or to the Board of Election
Commissioners for an official ballot for the voter's precinct
to be voted at such election, or be added to a list of
permanent vote by mail status voters who receive an official
vote by mail ballot for subsequent elections. Voters who make
an application for permanent vote by mail ballot status shall
follow the procedures specified in Section 19-3. Voters whose
application for permanent vote by mail status is accepted by
the election authority shall remain on the permanent vote by
mail list until the voter requests to be removed from
permanent vote by mail status, the voter provides notice to
the election authority of a change in registration, or the
election authority receives confirmation that the voter has
subsequently registered to vote in another county. The URL
address at which voters may electronically request a vote by
mail ballot shall be fixed no later than 90 calendar days
before an election and shall not be changed until after the
election. Such a ballot shall be delivered to the elector only
upon separate application by the elector for each election.
(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13;
98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
(10 ILCS 5/19-2.4 new)
Sec. 19-2.4. Vote by mail; accommodation for voters with a
disability. By December 31, 2021, the State Board of Elections
shall prepare and submit to the General Assembly proposed
legislation establishing a procedure to send vote by mail
ballots via electronic transmission and enable a voter with a
disability to independently and privately mark a ballot using
assistive technology in order for the voter to vote by mail.
Prior to submission, the State Board of Elections shall
solicit public commentary and conduct at least 2 public
hearings on its proposed legislation.
(10 ILCS 5/19-2.5 new)
Sec. 19-2.5. Notice for vote by mail ballot. An election
authority shall notify all qualified voters, not more than 90
days nor less than 45 days before a general election, of the
option for permanent vote by mail status using the following
notice and including the application for permanent vote by
mail status in subsection (b) of Section 19-3:
"You may apply to permanently be placed on vote by mail
status using the attached application.".
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
Sec. 19-3. Application for a vote by mail ballot.
(a) The application for a vote by mail ballot for a single
election shall be substantially in the following form:
APPLICATION FOR VOTE BY MAIL BALLOT
To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; and that I wish to vote by vote by mail
ballot.
I hereby make application for an official ballot or
ballots to be voted by me at such election, and I agree that I
shall return such ballot or ballots to the official issuing
the same prior to the closing of the polls on the date of the
election or, if returned by mail, postmarked no later than
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the
14th day following election day.
I understand that this application is made for an official
vote by mail ballot or ballots to be voted by me at the
election specified in this application and that I must submit
a separate application for an official vote by mail ballot or
ballots to be voted by me at any subsequent election.
Under penalties as provided by law pursuant to Section
29-10 of the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
...............
(b) The application for permanent vote by mail status
shall be substantially in the following form:
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
I am currently a registered voter and wish to apply for
permanent vote by mail status.
I state that I am a resident of the City of .... residing
at .... in such city in the county of .... and State of
Illinois; that I have lived at such address for .... month(s)
last past; that I am lawfully entitled to vote in such precinct
at the .... election to be held therein on ....; and that I
wish to vote by vote by mail ballot in:
..... all subsequent elections that do not require a party
designation.
..... all subsequent elections, and I wish to receive a
................... Party vote by mail ballot in
elections that require a party designation.
I hereby make application for an official ballot or
ballots to be voted by me at such election, and I agree that I
shall return such ballot or ballots to the official issuing
the same prior to the closing of the polls on the date of the
election or, if returned by mail, postmarked no later than
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the
14th day following election day.
Under penalties as provided by law under Section 29-10 of
the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
Post office address to which ballot is mailed:
.............................................................
(c) However, if application is made for a primary election
ballot, such application shall require the applicant to
designate the name of the political party with which the
applicant is affiliated. The election authority shall allow
any voter on permanent vote by mail status to change his or her
party affiliation for a primary election ballot by a method
and deadline published and selected by the election authority.
(d) If application is made electronically, the applicant
shall mark the box associated with the above described
statement included as part of the online application
certifying that the statements set forth in the this
application under subsection (a) or (b) are true and correct,
and a signature is not required.
(e) Any person may produce, reproduce, distribute, or
return to an election authority an the application under this
Section for vote by mail ballot. If applications are sent to a
post office box controlled by any individual or organization
that is not an election authority, those applications shall
(i) include a valid and current phone number for the
individual or organization controlling the post office box and
(ii) be turned over to the appropriate election authority
within 7 days of receipt or, if received within 2 weeks of the
election in which an applicant intends to vote, within 2 days
of receipt. Failure to turn over the applications in
compliance with this paragraph shall constitute a violation of
this Code and shall be punishable as a petty offense with a
fine of $100 per application. Removing, tampering with, or
otherwise knowingly making the postmark on the application
unreadable by the election authority shall establish a
rebuttable presumption of a violation of this paragraph. Upon
receipt, the appropriate election authority shall accept and
promptly process any application under this Section for vote
by mail ballot submitted in a form substantially similar to
that required by this Section, including any substantially
similar production or reproduction generated by the applicant.
(f) An election authority may combine the applications in
subsections (a) and (b) onto one form, but the distinction
between the applications must be clear and the form must
provide check boxes for an applicant to indicate whether he or
she is applying for a single election vote by mail ballot or
for permanent vote by mail status.
(Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.)
(10 ILCS 5/19A-15)
Sec. 19A-15. Period for early voting; hours.
(a) Except as otherwise provided in this Code, the The
period for early voting by personal appearance begins the 40th
day preceding a general primary, consolidated primary,
consolidated, or general election and extends through the end
of the day before election day.
(b) Except as otherwise provided by this Section, a
permanent polling place for early voting must remain open
beginning the 15th day before an election through the end of
the day before election day during the hours of 8:30 a.m. to
4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that
beginning 8 days before election day, a permanent polling
place for early voting must remain open during the hours of
8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00
a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to
4 p.m. on Sundays; except that, in addition to the hours
required by this subsection, a permanent polling place
designated by an election authority under subsections (c),
(d), and (e) of Section 19A-10 must remain open for a total of
at least 8 hours on any holiday during the early voting period
and a total of at least 14 hours on the final weekend during
the early voting period.
(c) Notwithstanding subsection (b), an election authority
may close an early voting polling place if the building in
which the polling place is located has been closed by the State
or unit of local government in response to a severe weather
emergency or other force majeure. The election authority shall
notify the State Board of Elections of any closure and shall
make reasonable efforts to provide notice to the public of an
alternative location for early voting.
(d) (Blank).
(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
98-1171, eff. 6-1-15.)
(10 ILCS 5/19A-20)
Sec. 19A-20. Temporary branch polling places.
(a) In addition to permanent polling places for early
voting, the election authority may establish temporary branch
polling places for early voting.
(b) The provisions of subsection (b) of Section 19A-15 do
not apply to a temporary polling place. Voting at a temporary
branch polling place may be conducted on any one or more days
and during any hours within the period for early voting by
personal appearance that are determined by the election
authority.
(c) The schedules for conducting voting do not need to be
uniform among the temporary branch polling places.
(d) The legal rights and remedies which inure to the owner
or lessor of private property are not impaired or otherwise
affected by the leasing of the property for use as a temporary
branch polling place for early voting, except to the extent
necessary to conduct early voting at that location.
(e) In a county with a population of:
(1) 3,000,000 or more, the election authority in the
county shall establish a temporary branch polling place
under this Section in the county jail. Only a resident of a
county who is in custody at the county jail and who has not
been convicted of the offense for which the resident is in
custody is eligible to vote at a temporary branch polling
place established under this paragraph (1) subsection. The
temporary branch polling place established under this
paragraph (1) subsection shall allow a voter to vote in
the same elections that the voter would be entitled to
vote in where the voter resides. To the maximum extent
feasible, voting booths or screens shall be provided to
ensure the privacy of the voter.
(2) less than 3,000,000, the sheriff may establish a
temporary branch polling place at the county jail. Only a
resident of a county who is in custody at the county jail
and who has not been convicted of the offense for which the
resident is in custody is eligible to vote at a temporary
branch polling place established under this paragraph (2).
A temporary branch polling place established under this
paragraph (2) shall allow a voter to vote in the same
elections that the voter would be entitled to vote in
where the voter resides. To the maximum extent feasible,
voting booths or screens shall be provided to ensure the
privacy of the voter.
All provisions of this Code applicable to pollwatchers
shall apply to a temporary branch polling place under this
subsection (e), subject to approval from the election
authority and the county jail, except that nonpartisan
pollwatchers shall be limited to one per division within the
jail instead of one per precinct. A county that establishes a
temporary branch polling place inside a county jail in
accordance with this subsection (e) shall adhere to all
requirements of this subsection (e). All requirements of the
federal Voting Rights Act of 1965 and Sections 203 and 208 of
the federal Americans with Disabilities Act shall apply to
this subsection (e).
(Source: P.A. 101-442, eff. 1-1-20.)
(10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1)
Sec. 23-6.1. Whenever an election contest for a municipal
trustee or alderperson alderman is brought involving ballots
from the same precincts which are subject to the jurisdiction
of the circuit court by virtue of the pendency of an election
contest for another office, the municipal council or board of
trustees having jurisdiction of the municipal election contest
shall have priority of access and possession of the ballots
and other election materials for the purpose of conducting a
recount or other related proceedings for a period of 30 days
following the commencement of the municipal election contest.
The election authority shall notify the court and the
municipal council or board of the pendency of all other
contests relating to the same precincts.
(Source: P.A. 90-655, eff. 7-30-98.)
(10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
Sec. 25-6. General Assembly vacancies. (a) When a
vacancy occurs in the office of State Senator or
Representative in the General Assembly, the vacancy shall be
filled within 30 days by appointment of the legislative or
representative committee of that legislative or representative
district of the political party of which the incumbent was a
candidate at the time of his election. Prior to holding a
meeting to fill the vacancy, the committee shall make public
(i) the names of the committeeperson on the appropriate
legislative or representative committee, (ii) the date, time,
and location of the meeting to fill the vacancy, and (iii) any
information on how to apply or submit a name for consideration
as the appointee. A meeting to fill a vacancy in office shall
be held in the district or virtually, and any meeting shall be
accessible to the public. 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 eligible to serve
as a member of the General Assembly.
(b) When a vacancy occurs in the office of a legislator
elected other than as a candidate of a political party, the
vacancy shall be filled within 30 days of such occurrence by
appointment of the Governor. The appointee shall not be a
member of a political party, and shall be otherwise eligible
to serve as a member of the General Assembly. Provided,
however, the appropriate body of the General Assembly may, by
resolution, allow a legislator elected other than as a
candidate of a political party to affiliate with a political
party for his term of office in the General Assembly. A vacancy
occurring in the office of any such legislator who affiliates
with a political party pursuant to resolution shall be filled
within 30 days of such occurrence by appointment of the
appropriate legislative or representative committee of that
legislative or representative district of the political party
with which the legislator so affiliates. The appointee shall
be a member of the political party with which the incumbent
affiliated.
(c) For purposes of this Section, a person is a member of a
political party for 23 months after (i) signing a candidate
petition, as to the political party whose nomination is
sought; (ii) signing a statement of candidacy, as to the
political party where nomination or election is sought; (iii)
signing a Petition of Political Party Formation, as to the
proposed political party; (iv) applying for and receiving a
primary ballot, as to the political party whose ballot is
received; or (v) becoming a candidate for election to or
accepting appointment to the office of ward, township,
precinct or state central committeeperson.
(d) In making appointments under this Section, each
committeeperson of the appropriate legislative or
representative committee shall be entitled to one vote for
each vote that was received, in that portion of the
legislative or representative district which he represents on
the committee, by the Senator or Representative whose seat is
vacant at the general election at which that legislator was
elected to the seat which has been vacated and a majority of
the total number of votes received in such election by the
Senator or Representative whose seat is vacant is required for
the appointment of his successor; provided, however, that in
making appointments in legislative or representative districts
comprising only one county or part of a county other than a
county containing 2,000,000 or more inhabitants, each
committeeperson shall be entitled to cast only one vote.
(e) Appointments made under this Section shall be in
writing and shall be signed by members of the legislative or
representative committee whose total votes are sufficient to
make the appointments or by the Governor, as the case may be.
Such appointments shall be filed with the Secretary of State
and with the Clerk of the House of Representatives or the
Secretary of the Senate, whichever is appropriate.
(f) An appointment made under this Section shall be for
the remainder of the term, except that, if the appointment is
to fill a vacancy in the office of State Senator and the
vacancy occurs with more than 28 months remaining in the term,
the term of the appointment shall expire at the time of the
next general election at which time a Senator shall be elected
for a new term commencing on the determination of the results
of the election and ending on the second Wednesday of January
in the second odd-numbered year next occurring. Whenever a
Senator has been appointed to fill a vacancy and was
thereafter elected to that office, the term of service under
the authority of the election shall be considered a new term of
service, separate from the term of service rendered under the
authority of the appointment.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
Sec. 29-15. Conviction deemed infamous. Any person
convicted of an infamous crime as such term is defined in
Section 124-1 of the Code of Criminal Procedure of 1963, as
amended, shall thereafter be prohibited from holding any
office of honor, trust, or profit, unless such person is again
restored to such rights by the terms of a pardon for the
offense, has received a restoration of rights by the Governor,
or otherwise according to law. Any time after a judgment of
conviction is rendered, a person convicted of an infamous
crime may petition the Governor for a restoration of rights.
The changes made to this Section by this amendatory Act of
the 102nd General Assembly are declarative of existing law.
(Source: P.A. 83-1097.)
Section 10. The Illinois Pension Code is amended by
changing Sections 6-230, 7-109, 8-113, 8-232, 8-243, and
8-243.2 as follows:
(40 ILCS 5/6-230)
Sec. 6-230. Participation by an alderperson alderman or
member of city council.
(a) A person shall be a member under this Article if he or
she (1) is or was employed and receiving a salary as a fireman
under item (a) of Section 6-106, (2) has at least 5 years of
service under this Article, (3) is employed in a position
covered under Section 8-243, (4) made an election under
Article 8 to not receive service credit or be a participant
under that Article, and (5) made an election to participate
under this Article.
(b) For the purposes of determining employee and employer
contributions under this Article, the employee and employer
shall be responsible for any and all contributions otherwise
required if the person was employed and receiving salary as a
fireman under item (a) of Section 6-106.
(Source: P.A. 100-1144, eff. 11-28-18.)
(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
Sec. 7-109. Employee.
(1) "Employee" means any person who:
(a) 1. Receives earnings as payment for the
performance of personal services or official duties out of
the general fund of a municipality, or out of any special
fund or funds controlled by a municipality, or by an
instrumentality thereof, or a participating
instrumentality, including, in counties, the fees or
earnings of any county fee office; and
2. Under the usual common law rules applicable in
determining the employer-employee relationship, has the
status of an employee with a municipality, or any
instrumentality thereof, or a participating
instrumentality, including alderpersons aldermen, county
supervisors and other persons (excepting those employed as
independent contractors) who are paid compensation, fees,
allowances or other emolument for official duties, and, in
counties, the several county fee offices.
(b) Serves as a township treasurer appointed under the
School Code, as heretofore or hereafter amended, and who
receives for such services regular compensation as
distinguished from per diem compensation, and any regular
employee in the office of any township treasurer whether
or not his earnings are paid from the income of the
permanent township fund or from funds subject to
distribution to the several school districts and parts of
school districts as provided in the School Code, or from
both such sources; or is the chief executive officer,
chief educational officer, chief fiscal officer, or other
employee of a Financial Oversight Panel established
pursuant to Article 1H of the School Code, other than a
superintendent or certified school business official,
except that such person shall not be treated as an
employee under this Section if that person has negotiated
with the Financial Oversight Panel, in conjunction with
the school district, a contractual agreement for exclusion
from this Section.
(c) Holds an elective office in a municipality,
instrumentality thereof or participating instrumentality.
(2) "Employee" does not include persons who:
(a) Are eligible for inclusion under any of the
following laws:
1. "An Act in relation to an Illinois State
Teachers' Pension and Retirement Fund", approved May
27, 1915, as amended;
2. Articles 15 and 16 of this Code.
However, such persons shall be included as employees
to the extent of earnings that are not eligible for
inclusion under the foregoing laws for services not of an
instructional nature of any kind.
However, any member of the armed forces who is
employed as a teacher of subjects in the Reserve Officers
Training Corps of any school and who is not certified
under the law governing the certification of teachers
shall be included as an employee.
(b) Are designated by the governing body of a
municipality in which a pension fund is required by law to
be established for policemen or firemen, respectively, as
performing police or fire protection duties, except that
when such persons are the heads of the police or fire
department and are not eligible to be included within any
such pension fund, they shall be included within this
Article; provided, that such persons shall not be excluded
to the extent of concurrent service and earnings not
designated as being for police or fire protection duties.
However, (i) any head of a police department who was a
participant under this Article immediately before October
1, 1977 and did not elect, under Section 3-109 of this Act,
to participate in a police pension fund shall be an
"employee", and (ii) any chief of police who became a
participating employee under this Article before January
1, 2019 and who elects to participate in this Fund under
Section 3-109.1 of this Code, regardless of whether such
person continues to be employed as chief of police or is
employed in some other rank or capacity within the police
department, shall be an employee under this Article for so
long as such person is employed to perform police duties
by a participating municipality and has not lawfully
rescinded that election.
(b-5) Were not participating employees under this
Article before the effective date of this amendatory Act
of the 100th General Assembly and participated as a chief
of police in a fund under Article 3 and return to work in
any capacity with the police department, with any
oversight of the police department, or in an advisory
capacity for the police department with the same
municipality with which that pension was earned,
regardless of whether they are considered an employee of
the police department or are eligible for inclusion in the
municipality's Article 3 fund.
(c) Are contributors to or eligible to contribute to a
Taft-Hartley pension plan to which the participating
municipality is required to contribute as the person's
employer based on earnings from the municipality. Nothing
in this paragraph shall affect service credit or
creditable service for any period of service prior to the
effective date of this amendatory Act of the 98th General
Assembly, and this paragraph shall not apply to
individuals who are participating in the Fund prior to the
effective date of this amendatory Act of the 98th General
Assembly.
(d) Become an employee of any of the following
participating instrumentalities on or after the effective
date of this amendatory Act of the 99th General Assembly:
the Illinois Municipal League; the Illinois Association of
Park Districts; the Illinois Supervisors, County
Commissioners and Superintendents of Highways Association;
an association, or not-for-profit corporation, membership
in which is authorized under Section 85-15 of the Township
Code; the United Counties Council; or the Will County
Governmental League.
(3) All persons, including, without limitation, public
defenders and probation officers, who receive earnings from
general or special funds of a county for performance of
personal services or official duties within the territorial
limits of the county, are employees of the county (unless
excluded by subsection (2) of this Section) notwithstanding
that they may be appointed by and are subject to the direction
of a person or persons other than a county board or a county
officer. It is hereby established that an employer-employee
relationship under the usual common law rules exists between
such employees and the county paying their salaries by reason
of the fact that the county boards fix their rates of
compensation, appropriate funds for payment of their earnings
and otherwise exercise control over them. This finding and
this amendatory Act shall apply to all such employees from the
date of appointment whether such date is prior to or after the
effective date of this amendatory Act and is intended to
clarify existing law pertaining to their status as
participating employees in the Fund.
(Source: P.A. 99-830, eff. 1-1-17; 100-281, eff. 8-24-17;
100-1097, eff. 8-26-18.)
(40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)
Sec. 8-113. Municipal employee, employee, contributor, or
participant. "Municipal employee", "employee", "contributor",
or "participant":
(a) Any employee of an employer employed in the classified
civil service thereof other than by temporary appointment or
in a position excluded or exempt from the classified service
by the Civil Service Act, or in the case of a city operating
under a personnel ordinance, any employee of an employer
employed in the classified or career service under the
provisions of a personnel ordinance, other than in a
provisional or exempt position as specified in such ordinance
or in rules and regulations formulated thereunder.
(b) Any employee in the service of an employer before the
Civil Service Act came in effect for the employer.
(c) Any person employed by the board.
(d) Any person employed after December 31, 1949, but prior
to January 1, 1984, in the service of the employer by temporary
appointment or in a position exempt from the classified
service as set forth in the Civil Service Act, or in a
provisional or exempt position as specified in the personnel
ordinance, who meets the following qualifications:
(1) has rendered service during not less than 12
calendar months to an employer as an employee, officer, or
official, 4 months of which must have been consecutive
full normal working months of service rendered immediately
prior to filing application to be included; and
(2) files written application with the board, while in
the service, to be included hereunder.
(e) After December 31, 1949, any alderperson alderman or
other officer or official of the employer, who files, while in
office, written application with the board to be included
hereunder.
(f) Beginning January 1, 1984, any person employed by an
employer other than the Chicago Housing Authority or the
Public Building Commission of the city, whether or not such
person is serving by temporary appointment or in a position
exempt from the classified service as set forth in the Civil
Service Act, or in a provisional or exempt position as
specified in the personnel ordinance, provided that such
person is neither (1) an alderperson alderman or other officer
or official of the employer, nor (2) participating, on the
basis of such employment, in any other pension fund or
retirement system established under this Act.
(g) After December 31, 1959, any person employed in the
law department of the city, or municipal court or Board of
Election Commissioners of the city, who was a contributor and
participant, on December 31, 1959, in the annuity and benefit
fund in operation in the city on said date, by virtue of the
Court and Law Department Employees' Annuity Act or the Board
of Election Commissioners Employees' Annuity Act.
After December 31, 1959, the foregoing definition includes
any other person employed or to be employed in the law
department, or municipal court (other than as a judge), or
Board of Election Commissioners (if his salary is provided by
appropriation of the city council of the city and his salary
paid by the city) -- subject, however, in the case of such
persons not participants on December 31, 1959, to compliance
with the same qualifications and restrictions otherwise set
forth in this Section and made generally applicable to
employees or officers of the city concerning eligibility for
participation or membership.
Notwithstanding any other provision in this Section, any
person who first becomes employed in the law department of the
city on or after the effective date of this amendatory Act of
the 100th General Assembly shall be included within the
foregoing definition, effective upon the date the person first
becomes so employed, regardless of the nature of the
appointment the person holds under the provisions of a
personnel ordinance.
(h) After December 31, 1965, any person employed in the
public library of the city -- and any other person -- who was a
contributor and participant, on December 31, 1965, in the
pension fund in operation in the city on said date, by virtue
of the Public Library Employees' Pension Act.
(i) After December 31, 1968, any person employed in the
house of correction of the city, who was a contributor and
participant, on December 31, 1968, in the pension fund in
operation in the city on said date, by virtue of the House of
Correction Employees' Pension Act.
(j) Any person employed full-time on or after the
effective date of this amendatory Act of the 92nd General
Assembly by the Chicago Housing Authority who has elected to
participate in this Fund as provided in subsection (a) of
Section 8-230.9.
(k) Any person employed full-time by the Public Building
Commission of the city who has elected to participate in this
Fund as provided in subsection (d) of Section 8-230.7.
(Source: P.A. 100-23, eff. 7-6-17.)
(40 ILCS 5/8-232) (from Ch. 108 1/2, par. 8-232)
Sec. 8-232. Basis of service credit.
(a) In computing the period of service of any employee for
the minimum annuity under Section 8-138, the following
provisions shall govern:
(1) All periods prior to the effective date shall be
computed in accordance with the provisions of Section
8-226, except for a re-entrant or future entrant who was
not in service on the day before the effective date.
(2) Service subsequent to the day before the effective
date, shall include: the actual period of time the
employee performs the duties of his position and makes
required contributions or performs such duties and is
given a city contribution for age and service annuity
purposes; leaves of absence from duty, or vacation, for
which an employee receives all or part of his salary;
periods included under item (c) of Section 8-226; periods
during which the employee is temporarily assigned to
another position in the service and permitted to make
contributions to the fund; periods during which the
employee has had contributions for annuity purposes made
for him in accordance with law while on military leave of
absence during World War II; periods during which the
employee receives disability benefit under this Article,
or a temporary total disability benefit under the Workers'
Compensation Act if the disability results from a
condition commonly termed heart attack or stroke or any
other condition falling within the broad field of coronary
involvement or heart disease;
(3) Service during 6 or more months in any year shall
constitute a year of service, and service of less than 6
months but at least 1 month in any year shall constitute a
half year of service. However the right to have certain
periods of time considered as service as stated in
paragraph 2 of Section 8-168 or in Section 8-243 relating
to service as Alderperson Alderman shall not apply for
minimum annuity purposes under Section 8-138 of this
Article.
(b) For all other purposes of this Article, the following
schedule shall govern the computation of service of an
employee whose salary or wages is on the basis stated, and any
fractional part of a year of service shall be determined
according to said schedule:
Annual or Monthly basis: Service during 4 months in any 1
calendar year shall constitute a year of service.
Weekly basis: Service during any week shall constitute a
week of service and service during any 17 weeks in any 1
calendar year shall constitute a year of service.
Daily basis: Service during any day shall constitute a day
of service and service during 100 days in any 1 calendar year
shall constitute a year of service.
Hourly basis: Service during any hour shall constitute an
hour of service and service during 700 hours in any 1 calendar
year shall constitute a year of service.
(Source: P.A. 85-964; 86-1488.)
(40 ILCS 5/8-243) (from Ch. 108 1/2, par. 8-243)
Sec. 8-243. Service as alderperson alderman or member of
city council. Whenever any person has served or hereafter
serves as a duly elected alderperson alderman or member of the
city council of any city of more than 500,000 inhabitants and
is or hereafter becomes a contributing participant in any
pension fund or any annuity and benefit fund in existence in
such city by operation of law, the period of service as such
alderperson alderman or member of the city council shall be
counted as a period of service in computing any annuity or
pension which such person may become entitled to receive from
such fund upon separation from the service, except as ruled
out for minimum annuity purposes in Section 8-232(a)(3).
(Source: Laws 1963, p. 161.)
(40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2)
Sec. 8-243.2. Alternative annuity for city officers.
(a) For the purposes of this Section and Sections 8-243.1
and 8-243.3, "city officer" means the city clerk, the city
treasurer, or an alderperson alderman of the city elected by
vote of the people, while serving in that capacity or as
provided in subsection (f), who has elected to participate in
the Fund.
(b) Any elected city officer, while serving in that
capacity or as provided in subsection (f), may elect to
establish alternative credits for an alternative annuity by
electing in writing to make additional optional contributions
in accordance with this Section and the procedures established
by the board. Such elected city officer may discontinue making
the additional optional contributions by notifying the Fund in
writing in accordance with this Section and procedures
established by the board.
Additional optional contributions for the alternative
annuity shall be as follows:
(1) For service after the option is elected, an
additional contribution of 3% of salary shall be
contributed to the Fund on the same basis and under the
same conditions as contributions required under Sections
8-174 and 8-182.
(2) For service before the option is elected, an
additional contribution of 3% of the salary for the
applicable period of service, plus interest at the
effective rate from the date of service to the date of
payment. All payments for past service must be paid in
full before credit is given. No additional optional
contributions may be made for any period of service for
which credit has been previously forfeited by acceptance
of a refund, unless the refund is repaid in full with
interest at the effective rate from the date of refund to
the date of repayment.
(c) In lieu of the retirement annuity otherwise payable
under this Article, any city officer elected by vote of the
people who (1) has elected to participate in the Fund and make
additional optional contributions in accordance with this
Section, and (2) has attained age 55 with at least 10 years of
service credit, or has attained age 60 with at least 8 years of
service credit, may elect to have his retirement annuity
computed as follows: 3% of the participant's salary at the
time of termination of service for each of the first 8 years of
service credit, plus 4% of such salary for each of the next 4
years of service credit, plus 5% of such salary for each year
of service credit in excess of 12 years, subject to a maximum
of 80% of such salary. To the extent such elected city officer
has made additional optional contributions with respect to
only a portion of his years of service credit, his retirement
annuity will first be determined in accordance with this
Section to the extent such additional optional contributions
were made, and then in accordance with the remaining Sections
of this Article to the extent of years of service credit with
respect to which additional optional contributions were not
made.
(d) In lieu of the disability benefits otherwise payable
under this Article, any city officer elected by vote of the
people who (1) has elected to participate in the Fund, and (2)
has become permanently disabled and as a consequence is unable
to perform the duties of his office, and (3) was making
optional contributions in accordance with this Section at the
time the disability was incurred, may elect to receive a
disability annuity calculated in accordance with the formula
in subsection (c). For the purposes of this subsection, such
elected city officer shall be considered permanently disabled
only if: (i) disability occurs while in service as an elected
city officer and is of such a nature as to prevent him from
reasonably performing the duties of his office at the time;
and (ii) the board has received a written certification by at
least 2 licensed physicians appointed by it stating that such
officer is disabled and that the disability is likely to be
permanent.
(e) Refunds of additional optional contributions shall be
made on the same basis and under the same conditions as
provided under Sections 8-168, 8-170 and 8-171. Interest shall
be credited at the effective rate on the same basis and under
the same conditions as for other contributions. Optional
contributions shall be accounted for in a separate Elected
City Officer Optional Contribution Reserve. Optional
contributions under this Section shall be included in the
amount of employee contributions used to compute the tax levy
under Section 8-173.
(f) The effective date of this plan of optional
alternative benefits and contributions shall be July 1, 1990,
or the date upon which approval is received from the U.S.
Internal Revenue Service, whichever is later.
The plan of optional alternative benefits and
contributions shall not be available to any former city
officer or employee receiving an annuity from the Fund on the
effective date of the plan, unless he re-enters service as an
elected city officer and renders at least 3 years of
additional service after the date of re-entry. However, a
person who holds office as a city officer on June 1, 1995 may
elect to participate in the plan, to transfer credits into the
Fund from other Articles of this Code, and to make the
contributions required for prior service, until 30 days after
the effective date of this amendatory Act of the 92nd General
Assembly, notwithstanding the ending of his term of office
prior to that effective date; in the event that the person is
already receiving an annuity from this Fund or any other
Article of this Code at the time of making this election, the
annuity shall be recalculated to include any increase
resulting from participation in the plan, with such increase
taking effect on the effective date of the election.
(g) Notwithstanding any other provision in this Section or
in this Code to the contrary, any person who first becomes a
city officer, as defined in this Section, on or after the
effective date of this amendatory Act of the 100th General
Assembly, shall not be eligible for the alternative annuity or
alternative disability benefits as provided in subsections
(a), (b), (c), and (d) of this Section or for the alternative
survivor's benefits as provided in Section 8-243.3. Such
person shall not be eligible, or be required, to make any
additional contributions beyond those required of other
participants under Sections 8-137, 8-174, and 8-182. The
retirement annuity, disability benefits, and survivor's
benefits for a person who first becomes a city officer on or
after the effective date of this amendatory Act of the 100th
General Assembly shall be determined pursuant to the
provisions otherwise provided in this Article.
(Source: P.A. 100-23, eff. 7-6-17.)
Section 15. The Public Officer Prohibited Activities Act
is amended by changing Sections 1, 1.3, 2, and 4 as follows:
(50 ILCS 105/1) (from Ch. 102, par. 1)
Sec. 1. County board. No member of a county board, during
the term of office for which he or she is elected, may be
appointed to, accept, or hold any office other than (i)
chairman of the county board or member of the regional
planning commission by appointment or election of the board of
which he or she is a member, (ii) alderperson alderman of a
city or member of the board of trustees of a village or
incorporated town if the city, village, or incorporated town
has fewer than 1,000 inhabitants and is located in a county
having fewer than 50,000 inhabitants, or (iii) trustee of a
forest preserve district created under Section 18.5 of the
Conservation District Act, unless he or she first resigns from
the office of county board member or unless the holding of
another office is authorized by law. Any such prohibited
appointment or election is void. This Section shall not
preclude a member of the county board from being appointed or
selected to serve as (i) a member of a County Extension Board
as provided in Section 7 of the County Cooperative Extension
Law, (ii) a member of an Emergency Telephone System Board as
provided in Section 15.4 of the Emergency Telephone System
Act, (iii) a member of the board of review as provided in
Section 6-30 of the Property Tax Code, or (iv) a public
administrator or public guardian as provided in Section 13-1
of the Probate Act of 1975. Nothing in this Act shall be
construed to prohibit an elected county official from holding
elected office in another unit of local government so long as
there is no contractual relationship between the county and
the other unit of local government. This amendatory Act of
1995 is declarative of existing law and is not a new enactment.
(Source: P.A. 100-290, eff. 8-24-17.)
(50 ILCS 105/1.3)
Sec. 1.3. Municipal board member; education office. In a
city, village, or incorporated town with fewer than 2,500
inhabitants, an alderperson alderman of the city or a member
of the board of trustees of a village or incorporated town,
during the term of office for which he or she is elected, may
also hold the office of member of the board of education,
regional board of school trustees, board of school directors,
or board of school inspectors.
(Source: P.A. 91-161, eff. 7-16-99.)
(50 ILCS 105/2) (from Ch. 102, par. 2)
Sec. 2. No alderperson alderman of any city, or member of
the board of trustees of any village, during the term of office
for which he or she is elected, may accept, be appointed to, or
hold any office by the appointment of the mayor or president of
the board of trustees, unless the alderperson alderman or
board member is granted a leave of absence from such office, or
unless he or she first resigns from the office of alderperson
alderman or member of the board of trustees, or unless the
holding of another office is authorized by law. The
alderperson alderman or board member may, however, serve as a
volunteer fireman and receive compensation for that service.
The alderperson alderman may also serve as a commissioner of
the Beardstown Regional Flood Prevention District board. Any
appointment in violation of this Section is void. Nothing in
this Act shall be construed to prohibit an elected municipal
official from holding elected office in another unit of local
government as long as there is no contractual relationship
between the municipality and the other unit of local
government. This amendatory Act of 1995 is declarative of
existing law and is not a new enactment.
(Source: P.A. 97-309, eff. 8-11-11.)
(50 ILCS 105/4) (from Ch. 102, par. 4)
Sec. 4. Any alderperson alderman, member of a board of
trustees, supervisor or county commissioner, or other person
holding any office, either by election or appointment under
the laws or constitution of this state, who violates any
provision of the preceding sections, is guilty of a Class 4
felony and in addition thereto, any office or official
position held by any person so convicted shall become vacant,
and shall be so declared as part of the judgment of court. This
Section does not apply to a violation of subsection (b) of
Section 2a.
(Source: P.A. 100-868, eff. 1-1-19.)
Section 20. The Public Officer Simultaneous Tenure Act is
amended by changing Section 1 and by adding Section 5 as
follows:
(50 ILCS 110/1) (from Ch. 102, par. 4.10)
Sec. 1. Legislative findings; purpose). The General
Assembly finds and declares that questions raised regarding
the legality of simultaneously holding the office of county
board member and township supervisor are unwarranted, and in
counties of less than 100,000 population such questions
regarding the legality of simultaneously holding the office of
county board member and township trustee are unwarranted; that
the General Assembly viewed the office of township supervisor,
and in counties of less than 100,000 population the office of
township trustee, and the office of county board member as
compatible; and that to settle the question of legality and
avoid confusion among such counties and townships as may be
affected by such questions it is lawful to hold the office of
county board member simultaneously with the office of township
supervisor, and in counties of less than 100,000 population
with the office of township trustee, in accordance with
Sections 2 and 3 this Act.
(Source: P.A. 82-554.)
(50 ILCS 110/5 new)
Sec. 5. Members of the General Assembly; elected officers
of units of local government. Notwithstanding any other
provision of law, a unit of local government may not adopt an
ordinance, referendum, or resolution that requires a member of
the General Assembly to resign his or her office in order to be
eligible to seek elected office in the unit of local
government. Any ordinance, referendum, or resolution that
contains such a provision is void.
A home rule unit may not regulate the eligibility
requirements for those seeking elected office in the unit of
local government in a manner inconsistent with this Section.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
This Section applies to ordinances, referenda, or
resolutions adopted on or after November 8, 2016.
Section 25. The Counties Code is amended by changing
Sections 2-3001, 2-3002, 2-3003, 2-3004, 3-6002, and 3-14036
as follows:
(55 ILCS 5/2-3001) (from Ch. 34, par. 2-3001)
Sec. 2-3001. Definitions. As used in this Division, unless
the context otherwise requires:
a. "District" means a county board district established as
provided in this Division.
b. "County apportionment commission" or "commission" means
the county clerk, the State's Attorney, the Attorney General
or his designated representative and the chairmen of the
county central committees of the first leading political party
and the second leading political party as defined in Section
1-3 of The Election Code.
c. "Population" means the number of inhabitants as
determined by the last preceding federal decennial census. For
the reapportionment of 2021, "population" means the number of
inhabitants as determined by the county board by any
reasonable method, including, but not limited to, the most
recent American Community Survey 5-year data.
d. "Member" or "board member" means a person elected to
serve on the county board.
(Source: P.A. 86-962.)
(55 ILCS 5/2-3002) (from Ch. 34, par. 2-3002)
Sec. 2-3002. Counties with population of less than
3,000,000 and with township form of government.
(a) Reapportionment required. By July 1, 1971, and each 10
years thereafter, the county board of each county having a
population of less than 3,000,000 inhabitants and the township
form of government shall reapportion its county so that each
member of the county board represents the same number of
inhabitants, except that, for the reapportionment of 2021, the
county board shall reapportion its county by December 31,
2021. In reapportioning its county, the county board shall
first determine the size of the county board to be elected,
which may consist of not less than 5 nor more than 29 members
and may not exceed the size of the county board in that county
on October 2, 1969. The county board shall also determine
whether board members shall be elected at large from the
county or by county board districts.
If the chairman of the county board is to be elected by the
voters in a county of less than 450,000 population as provided
in Section 2-3007, such chairman shall not be counted as a
member of the county board for the purpose of the limitations
on the size of a county board provided in this Section.
(b) Advisory referenda. The voters of a county may advise
the county board, through an advisory referendum, on questions
concerning (i) the number of members of the county board to be
elected, (ii) whether the board members should be elected from
single-member districts, multi-member districts, or at-large,
(iii) whether voters will have cumulative voting rights in the
election of county board members, or (iv) any combination of
the preceding 3 questions. The advisory referendum may be
initiated either by petition or by ordinance of the county
board. A written petition for an advisory referendum
authorized by this Section must contain the signatures of at
least 8% of the votes cast for candidates for Governor in the
preceding gubernatorial election by the registered voters of
the county and must be filed with the appropriate election
authority. An ordinance initiating an advisory referendum
authorized by this Section must be approved by a majority of
the members of the county board and must be filed with the
appropriate election authority. An advisory referendum
initiated under this Section shall be placed on the ballot at
the general election designated in the petition or ordinance.
(Source: P.A. 93-308, eff. 7-23-03.)
(55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
Sec. 2-3003. Apportionment plan.
(1) If the county board determines that members shall be
elected by districts, it shall develop an apportionment plan
and specify the number of districts and the number of county
board members to be elected from each district and whether
voters will have cumulative voting rights in multi-member
districts. Each such district:
a. Shall be substantially equal in population to each
other district;
b. Shall be comprised of contiguous territory, as
nearly compact as practicable; and
c. May divide townships or municipalities only when
necessary to conform to the population requirement of
paragraph a. of this Section.
d. Shall be created in such a manner so that no
precinct shall be divided between 2 or more districts,
insofar as is practicable.
(2) The county board of each county having a population of
less than 3,000,000 inhabitants may, if it should so decide,
provide within that county for single member districts outside
the corporate limits and multi-member districts within the
corporate limits of any municipality with a population in
excess of 75,000. Paragraphs a, b, c and d of subsection (1) of
this Section shall apply to the apportionment of both single
and multi-member districts within a county to the extent that
compliance with paragraphs a, b, c and d still permit the
establishment of such districts, except that the population of
any multi-member district shall be equal to the population of
any single member district, times the number of members found
within that multi-member district.
(3) In a county where the Chairman of the County Board is
elected by the voters of the county as provided in Section
2-3007, the Chairman of the County Board may develop and
present to the Board by the third Wednesday in May in the year
after a federal decennial census year an apportionment plan in
accordance with the provisions of subsection (1) of this
Section. If the Chairman presents a plan to the Board by the
third Wednesday in May, the Board shall conduct at least one
public hearing to receive comments and to discuss the
apportionment plan, the hearing shall be held at least 6 days
but not more than 21 days after the Chairman's plan was
presented to the Board, and the public shall be given notice of
the hearing at least 6 days in advance. If the Chairman
presents a plan by the third Wednesday in May, the Board is
prohibited from enacting an apportionment plan until after a
hearing on the plan presented by the Chairman. The Chairman
shall have access to the federal decennial census available to
the Board.
(4) In a county where a County Executive is elected by the
voters of the county as provided in Section 2-5007 of the
Counties Code, the County Executive may develop and present to
the Board by the third Wednesday in May in the year after a
federal decennial census year an apportionment plan in
accordance with the provisions of subsection (1) of this
Section. If the Executive presents a plan to the Board by the
third Wednesday in May, the Board shall conduct at least one
public hearing to receive comments and to discuss the
apportionment plan, the hearing shall be held at least 6 days
but not more than 21 days after the Executive's plan was
presented to the Board, and the public shall be given notice of
the hearing at least 6 days in advance. If the Executive
presents a plan by the third Wednesday in May, the Board is
prohibited from enacting an apportionment plan until after a
hearing on the plan presented by the Executive. The Executive
shall have access to the federal decennial census available to
the Board.
(5) For the reapportionment of 2021, the Chairman of the
County Board or County Executive may develop and present (or
redevelop and represent) to the Board by the third Wednesday
in November in the year after a federal decennial census year
an apportionment plan and the Board shall conduct its public
hearing as provided in paragraphs (3) and (4) following
receipt of the apportionment plan.
(Source: P.A. 96-1540, eff. 3-7-11; 97-986, eff. 8-17-12.)
(55 ILCS 5/2-3004) (from Ch. 34, par. 2-3004)
Sec. 2-3004. Failure to complete reapportionment. If any
county board fails to complete the reapportionment of its
county by July 1 in 2011 or any 10 years thereafter or by the
day after the county board's regularly scheduled July meeting
in 2011 or any 10 years thereafter, or for the reapportionment
of 2021, by the third Wednesday in November in the year after a
federal decennial census year, whichever is later, the county
clerk of that county shall convene the county apportionment
commission. Three members of the commission shall constitute a
quorum, but a majority of all the members must vote
affirmatively on any determination made by the commission. The
commission shall adopt rules for its procedure.
The commission shall develop an apportionment plan for the
county in the manner provided by Section 2-3003, dividing the
county into the same number of districts as determined by the
county board. If the county board has failed to determine the
size of the county board to be elected, then the number of
districts and the number of members to be elected shall be the
largest number to which the county is entitled under Section
2-3002.
The commission shall submit its apportionment plan by
October 1 in the year that it is convened, except that the
circuit court, for good cause shown, may grant an extension of
time, not exceeding a total of 60 days, within which such a
plan may be submitted.
(Source: P.A. 96-1540, eff. 3-7-11.)
(55 ILCS 5/3-6002) (from Ch. 34, par. 3-6002)
Sec. 3-6002. Commencement of duties. The sheriff shall
enter upon the duties of his or her office on the first day in
the month of December 1 following his or her election on which
the office of the sheriff is required, by statute or by action
of the county board, to be open.
(Source: P.A. 86-962.)
(55 ILCS 5/3-14036) (from Ch. 34, par. 3-14036)
Sec. 3-14036. Payments of political contributions to
public officers prohibited. No officer or employee in the
classified civil service of said county, or named in Section
3-14022, shall directly or indirectly, give or hand over to
any officer or employee, or to any senator or representative
or alderperson alderman, councilman, or commissioner, any
money or other valuable thing on account of or to be applied to
the promotion of any party or political object whatever.
(Source: P.A. 86-976.)
Section 30. The Township Code is amended by changing
Section 45-10 as follows:
(60 ILCS 1/45-10)
Sec. 45-10. Political party caucus in township; notice.
(a) On the first Tuesday in December preceding the date of
the regular township election, a caucus shall be held by the
voters of each established political party in a township to
nominate its candidates for the various offices to be filled
at the election. Notice of the caucus shall be given at least
10 days before it is held by publication in some newspaper
having a general circulation in the township. Not less than 30
days before the caucus, the township clerk shall notify the
chairman or membership of each township central committee by
first-class mail of the chairman's or membership's obligation
to report the time and location of the political party's
caucus. Not less than 20 days before the caucus, each chairman
of the township central committee shall notify the township
clerk by first-class mail of the time and location of the
political party's caucus. If the time and location of 2 or more
political party caucuses conflict, the township clerk shall
establish, by a fair and impartial public lottery, the time
and location for each caucus.
If the chairperson of the township central committee fails
to meet within the township or to meet any of the other
requirements of this Section, the chairperson's political
party shall not be permitted to nominate a candidate, either
by caucus as provided for in this Section or as otherwise
authorized by the Election Code, in the next upcoming
consolidated election for any office for which a nomination
could have been made at the caucus should the chairperson of
the township central committee have met the requirements of
this Section.
(b) Except as provided in this Section, the township board
shall cause notices of the caucuses to be published. The
notice shall state the time and place where the caucus for each
political party will be held. The board shall fix a place
within the township for holding the caucus for each
established political party. When a new township has been
established under Section 10-25, the county board shall cause
notice of the caucuses to be published as required by this
Section and shall fix the place within the new township for
holding the caucuses.
(Source: P.A. 97-81, eff. 7-5-11; 98-443, eff. 8-16-13.)
Section 35. The Illinois Municipal Code is amended by
changing Sections 1-1-2, 2-2-9, 3.1-10-5, 3.1-10-30,
3.1-10-50, 3.1-10-51, 3.1-10-60, 3.1-10-65, 3.1-10-75,
3.1-15-5, 3.1-15-15, 3.1-15-25, 3.1-15-30, 3.1-15-35,
3.1-15-40, 3.1-20-10, 3.1-20-15, 3.1-20-20, 3.1-20-22,
3.1-20-25, 3.1-20-30, 3.1-20-35, 3.1-20-40, 3.1-20-45,
3.1-25-70, 3.1-25-75, 3.1-35-35, 3.1-40-5, 3.1-40-10,
3.1-40-15, 3.1-40-25, 3.1-40-30, 3.1-40-35, 3.1-40-40,
3.1-40-50, 3.1-40-55, 3.1-45-5, 3.1-45-15, 3.1-55-5, 4-1-2,
4-10-1, 5-1-4, 5-2-1, 5-2-2, 5-2-3, 5-2-3.1, 5-2-4, 5-2-5,
5-2-7, 5-2-8, 5-2-11, 5-2-12, 5-2-17, 5-2-18, 5-2-18.1,
5-2-18.2, 5-2-18.7, 5-2-19, 5-3-1, 5-3-3, 5-3-4, 5-3-5, 5-3-7,
5-3-8, 5-4-1, 5-4-3, 5-5-1, 5-5-5, 6-3-2, 6-3-3, 6-3-4, 6-3-5,
6-3-6, 6-3-7, 6-3-8, 6-3-9, 6-3-10, 6-4-3, 6-4-4, 6-5-1,
7-1-15, 7-1-39, 7-1-42, 7-2-1, 7-2-19, 7-2-28, 8-9-1, 10-1-30,
10-3-5, 11-13-1.1, 11-13-10, 11-13-14, 11-13-14.1, 11-80-5,
11-91-1, and 11-101-2 as follows:
(65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)
Sec. 1-1-2. Definitions. In this Code:
(1) "Municipal" or "municipality" means a city, village,
or incorporated town in the State of Illinois, but, unless the
context otherwise provides, "municipal" or "municipality" does
not include a township, town when used as the equivalent of a
township, incorporated town that has superseded a civil
township, county, school district, park district, sanitary
district, or any other similar governmental district. If
"municipal" or "municipality" is given a different definition
in any particular Division or Section of this Act, that
definition shall control in that division or Section only.
(2) "Corporate authorities" means (a) the mayor and
alderpersons aldermen or similar body when the reference is to
cities, (b) the president and trustees or similar body when
the reference is to villages or incorporated towns, and (c)
the council when the reference is to municipalities under the
commission form of municipal government.
(3) "Electors" means persons qualified to vote for
elective officers at municipal elections.
(4) "Person" means any individual, partnership,
corporation, joint stock association, or the State of Illinois
or any subdivision of the State; and includes any trustee,
receiver, assignee, or personal representative of any of those
entities.
(5) Except as otherwise provided by ordinance, "fiscal
year" in all municipalities with fewer than 500,000
inhabitants, and "municipal year" in all municipalities, means
the period elapsing (a) between general municipal elections in
succeeding calendar years, or (b) if general municipal
elections are held biennially, then between a general
municipal election and the same day of the same month of the
following calendar year, and between that day and the next
succeeding general municipal election, or (c) if general
municipal elections are held quadrennially, then between a
general municipal election and the same day of the same month
of the following calendar year, and between that day and the
same day of the same month of the next following calendar year,
and between the last mentioned day and the same day of the same
month of the next following calendar year, and between the
last mentioned day and the next succeeding general municipal
election. The fiscal year of each municipality with 500,000 or
more inhabitants shall commence on January 1.
(6) Where reference is made to a county within which a
municipality, district, area, or territory is situated, the
reference is to the county within which is situated the major
part of the area of that municipality, district, area, or
territory, in case the municipality, district, area, or
territory is situated in 2 or more counties.
(7) Where reference is made for any purpose to any other
Act, either specifically or generally, the reference shall be
to that Act and to all amendments to that Act now in force or
that may be hereafter enacted.
(8) Wherever the words "city council", "alderpersons
aldermen", "commissioners", or "mayor" occur, the provisions
containing these words shall apply to the board of trustees,
trustees, and president, respectively, of villages and
incorporated towns and councilmen in cities, so far as those
provisions are applicable to them.
(9) The terms "special charter" and "special Act" are
synonymous.
(10) "General municipal election" means the biennial
regularly scheduled election for the election of officers of
cities, villages, and incorporated towns, as prescribed by the
general election law; in the case of municipalities that elect
officers annually, "general municipal election" means each
regularly scheduled election for the election of officers of
cities, villages, and incorporated towns.
(Source: P.A. 87-1119.)
(65 ILCS 5/2-2-9) (from Ch. 24, par. 2-2-9)
Sec. 2-2-9. The election for city officers in any
incorporated town or village which has voted to incorporate as
a city shall be held at the time of the next regularly
scheduled election for officers, in accordance with the
general election law. The corporate authorities of such
incorporated town or village shall cause the result to be
entered upon the records of the city. Alderpersons Aldermen
may be elected on a general ticket at the election.
(Source: P.A. 81-1490.)
(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 such
person is again restored to his or her rights of citizenship
that may have been forfeited under Illinois law as a result of
a conviction, which includes eligibility to hold elected
municipal office, by the terms of a pardon for the offense, has
received a restoration of rights by the Governor, or otherwise
according to law. Any time after a judgment of conviction is
rendered, a person convicted of an infamous crime, bribery,
perjury, or other felony may petition the Governor for a
restoration of rights.
The changes made to this subsection by this amendatory Act
of the 102nd General Assembly are declarative of existing law
and apply to all persons elected at the April 4, 2017
consolidated election and to persons elected or appointed
thereafter.
(b-5) (Blank).
(c) A person is not eligible for the office of alderperson
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.)
(65 ILCS 5/3.1-10-30) (from Ch. 24, par. 3.1-10-30)
Sec. 3.1-10-30. Bond. Before entering upon the duties of
their respective offices, all municipal officers, except
alderpersons aldermen and trustees, shall execute a bond with
security, to be approved by the corporate authorities. The
bond shall be payable to the municipality in the penal sum
directed by resolution or ordinance, conditioned upon the
faithful performance of the duties of the office and the
payment of all money received by the officer, according to law
and the ordinances of that municipality. The bond may provide
that the obligation of the sureties shall not extend to any
loss sustained by the insolvency, failure, or closing of any
bank or savings and loan association organized and operating
either under the laws of the State of Illinois or the United
States in which the officer has placed funds in the officer's
custody, if the bank or savings and loan association has been
approved by the corporate authorities as a depository for
those funds. In no case, however, shall the mayor's bond be
fixed at less than $3,000. The treasurer's bond shall be an
amount of money that is not less than 3 times the latest
Federal census population or any subsequent census figure used
for Motor Fuel Tax purposes. Bonds shall be filed with the
municipal clerk, except the bond of the clerk, which shall be
filed with the municipal treasurer.
(Source: P.A. 87-1119.)
(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.
(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 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.
(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 alderperson 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 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.
(4) Owing a debt to the municipality. A vacancy occurs
if a municipal official fails to pay a debt to a
municipality in which the official has been elected or
appointed to an elected position subject to the following:
(A) Before a vacancy may occur under this
paragraph (4), the municipal clerk shall deliver, by
personal service, a written notice to the municipal
official that (i) the municipal official is in arrears
of a debt to the municipality, (ii) that municipal
official must either pay or contest the debt within 30
days after receipt of the notice or the municipal
official will be disqualified and his or her office
vacated, and (iii) if the municipal official chooses
to contest the debt, the municipal official must
provide written notice to the municipal clerk of the
contesting of the debt. A copy of the notice, and the
notice to contest, shall also be mailed by the
municipal clerk to the appointed municipal attorney by
certified mail. If the municipal clerk is the
municipal official indebted to the municipality, the
mayor or president of the municipality shall assume
the duties of the municipal clerk required under this
paragraph (4).
(B) In the event that the municipal official
chooses to contest the debt, a hearing shall be held
within 30 days of the municipal clerk's receipt of the
written notice of contest from the municipal official.
An appointed municipal hearing officer shall preside
over the hearing, and shall hear testimony and accept
evidence relevant to the existence of the debt owed by
the municipal officer to the municipality.
(C) Upon the conclusion of the hearing, the
hearing officer shall make a determination on the
basis of the evidence presented as to whether or not
the municipal official is in arrears of a debt to the
municipality. The determination shall be in writing
and shall be designated as findings, decision, and
order. The findings, decision, and order shall
include: (i) the hearing officer's findings of fact;
(ii) a decision of whether or not the municipal
official is in arrears of a debt to the municipality
based upon the findings of fact; and (iii) an order
that either directs the municipal official to pay the
debt within 30 days or be disqualified and his or her
office vacated or dismisses the matter if a debt owed
to the municipality is not proved. A copy of the
hearing officer's written determination shall be
served upon the municipal official in open proceedings
before the hearing officer. If the municipal official
does not appear for receipt of the written
determination, the written determination shall be
deemed to have been served on the municipal official
on the date when a copy of the written determination is
personally served on the municipal official or on the
date when a copy of the written determination is
deposited in the United States mail, postage prepaid,
addressed to the municipal official at the address on
record with the municipality.
(D) A municipal official aggrieved by the
determination of a hearing officer may secure judicial
review of such determination in the circuit court of
the county in which the hearing was held. The
municipal official seeking judicial review must file a
petition with the clerk of the court and must serve a
copy of the petition upon the municipality by
registered or certified mail within 5 days after
service of the determination of the hearing officer.
The petition shall contain a brief statement of the
reasons why the determination of the hearing officer
should be reversed. The municipal official shall file
proof of service with the clerk of the court. No answer
to the petition need be filed, but the municipality
shall cause the record of proceedings before the
hearing officer to be filed with the clerk of the court
on or before the date of the hearing on the petition or
as ordered by the court. The court shall set the matter
for hearing to be held within 30 days after the filing
of the petition and shall make its decision promptly
after such hearing.
(E) If a municipal official chooses to pay the
debt, or is ordered to pay the debt after the hearing,
the municipal official must present proof of payment
to the municipal clerk that the debt was paid in full,
and, if applicable, within the required time period as
ordered by a hearing officer or circuit court judge.
(F) A municipal official will be disqualified and
his or her office vacated pursuant to this paragraph
(4) on the later of the following times if the
municipal official: (i) fails to pay or contest the
debt within 30 days of the municipal official's
receipt of the notice of the debt; (ii) fails to pay
the debt within 30 days after being served with a
written determination under subparagraph (C) ordering
the municipal official to pay the debt; or (iii) fails
to pay the debt within 30 days after being served with
a decision pursuant to subparagraph (D) upholding a
hearing officer's determination that the municipal
officer has failed to pay a debt owed to a
municipality.
(G) For purposes of this paragraph, a "debt" shall
mean an arrearage in a definitely ascertainable and
quantifiable amount after service of written notice
thereof, in the payment of any indebtedness due to the
municipality, which has been adjudicated before a
tribunal with jurisdiction over the matter. A
municipal official is considered in arrears of a debt
to a municipality if a debt is more than 30 days
overdue from the date the debt was due.
(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
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 alderperson 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 alderperson 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 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 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) Alderperson Alderman or trustee. If the vacancy is
in the office of alderperson 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
alderperson 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 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) Alderperson Alderman or trustee. If the vacancy is
in the office of alderperson 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
alderperson 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
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. 99-449, eff. 8-24-15.)
(65 ILCS 5/3.1-10-51)
Sec. 3.1-10-51. Vacancies in municipalities with a
population of 500,000 or more.
(a) Events upon which an elective office in a municipality
of 500,000 or more shall become vacant:
(1) A municipal officer may resign from office. A
vacancy occurs in an office by reason of resignation,
failure to elect or qualify (in which case the incumbent
shall remain in office until the vacancy is filled),
death, permanent physical or mental disability rendering
the person incapable of performing the duties of his or
her office, conviction of a disqualifying crime,
abandonment of office, removal from office, or removal of
residence from the municipality or, in the case of an
alderperson alderman of a ward, removal of residence from
the ward.
(2) An admission of guilt of a criminal offense that
would, upon conviction, disqualify the municipal officer
from holding that 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, shall constitute a
resignation from that office, effective at the time the
plea agreement is made. For purposes of this Section, a
conviction for an offense that disqualifies the 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, the entry of a finding of guilt.
(3) Owing a debt to the municipality. A vacancy occurs
if a municipal official fails to pay a debt to a
municipality in which the official has been elected or
appointed to an elected position subject to the following:
(A) Before a vacancy may occur under this
paragraph (3), the municipal clerk shall deliver, by
personal service, a written notice to the municipal
official that (i) the municipal official is in arrears
of a debt to the municipality, (ii) that municipal
official must either pay or contest the debt within 30
days after receipt of the notice or the municipal
official will be disqualified and his or her office
vacated, and (iii) if the municipal official chooses
to contest the debt, the municipal official must
provide written notice to the municipal clerk of the
contesting of the debt. A copy of the notice, and the
notice to contest, shall also be mailed by the
municipal clerk to the appointed municipal attorney by
certified mail. If the municipal clerk is the
municipal official indebted to the municipality, the
mayor or president of the municipality shall assume
the duties of the municipal clerk required under this
paragraph (3).
(B) In the event that the municipal official
chooses to contest the debt, a hearing shall be held
within 30 days of the municipal clerk's receipt of the
written notice of contest from the municipal official.
An appointed municipal hearing officer shall preside
over the hearing, and shall hear testimony and accept
evidence relevant to the existence of the debt owed by
the municipal officer to the municipality.
(C) Upon the conclusion of the hearing, the
hearing officer shall make a determination on the
basis of the evidence presented as to whether or not
the municipal official is in arrears of a debt to the
municipality. The determination shall be in writing
and shall be designated as findings, decision, and
order. The findings, decision, and order shall
include: (i) the hearing officer's findings of fact;
(ii) a decision of whether or not the municipal
official is in arrears of a debt to the municipality
based upon the findings of fact; and (iii) an order
that either directs the municipal official to pay the
debt within 30 days or be disqualified and his or her
office vacated or dismisses the matter if a debt owed
to the municipality is not proved. A copy of the
hearing officer's written determination shall be
served upon the municipal official in open proceedings
before the hearing officer. If the municipal official
does not appear for receipt of the written
determination, the written determination shall be
deemed to have been served on the municipal official
on the date when a copy of the written determination is
personally served on the municipal official or on the
date when a copy of the written determination is
deposited in the United States mail, postage prepaid,
addressed to the municipal official at the address on
record in the files of the municipality.
(D) A municipal official aggrieved by the
determination of a hearing officer may secure judicial
review of such determination in the circuit court of
the county in which the hearing was held. The
municipal official seeking judicial review must file a
petition with the clerk of the court and must serve a
copy of the petition upon the municipality by
registered or certified mail within 5 days after
service of the determination of the hearing officer.
The petition shall contain a brief statement of the
reasons why the determination of the hearing officer
should be reversed. The municipal official shall file
proof of service with the clerk of the court. No answer
to the petition need be filed, but the municipality
shall cause the record of proceedings before the
hearing officer to be filed with the clerk of the court
on or before the date of the hearing on the petition or
as ordered by the court. The court shall set the matter
for hearing to be held within 30 days after the filing
of the petition and shall make its decision promptly
after such hearing.
(E) If a municipal official chooses to pay the
debt, or is ordered to pay the debt after the hearing,
the municipal official must present proof of payment
to the municipal clerk that the debt was paid in full,
and, if applicable, within the required time period as
ordered by a hearing officer.
(F) A municipal official will be disqualified and
his or her office vacated pursuant to this paragraph
(3) on the later of the following times the municipal
official: (i) fails to pay or contest the debt within
30 days of the municipal official's receipt of the
notice of the debt; (ii) fails to pay the debt within
30 days after being served with a written
determination under subparagraph (C) ordering the
municipal official to pay the debt; or (iii) fails to
pay the debt within 30 days after being served with a
decision pursuant to subparagraph (D) upholding a
hearing officer's determination that the municipal
officer has failed to pay a debt owed to a
municipality.
(G) For purposes of this paragraph, a "debt" shall
mean an arrearage in a definitely ascertainable and
quantifiable amount after service of written notice
thereof, in the payment of any indebtedness due to the
municipality, which has been adjudicated before a
tribunal with jurisdiction over the matter. A
municipal official is considered in arrears of a debt
to a municipality if a debt is more than 30 days
overdue from the date the debt was due.
(b) 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 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 the vacancy is in
the office of mayor, the city council shall elect one of their
members acting mayor. The acting mayor shall perform the
duties and possess all the rights and powers of the mayor until
a successor to fill the vacancy has been elected and has
qualified. If the vacancy is in any other elective municipal
office, then until the office is filled by election, the mayor
shall appoint a qualified person to the office subject to the
advice and consent of the city council.
(c) If a vacancy occurs later than the time provided in
subsection (b) in a 4-year term, a vacancy in the office of
mayor shall be filled by the corporate authorities electing
one of their members acting mayor. The acting mayor shall
perform the duties and possess all the rights and powers of the
mayor until a mayor is elected at the next general municipal
election and has qualified. A vacancy occurring later than the
time provided in subsection (b) in a 4-year term in any
elective office other than mayor shall be filled by
appointment by the mayor, with the advice and consent of the
corporate authorities.
(d) A municipal officer appointed or elected under this
Section shall hold office until the officer's successor is
elected and has qualified.
(e) An appointment to fill a vacancy in the office of
alderperson alderman shall be made within 60 days after the
vacancy occurs. The requirement that an appointment be made
within 60 days is an exclusive power and function of the State
and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of the power of a
home rule municipality to require that an appointment be made
within a different period after the vacancy occurs.
(f) This Section applies only to municipalities with a
population of 500,000 or more.
(Source: P.A. 99-449, eff. 8-24-15.)
(65 ILCS 5/3.1-10-60) (from Ch. 24, par. 3.1-10-60)
Sec. 3.1-10-60. Interim appointments to vacancies. If a
municipality has no mayor or president, no clerk, and no
alderpersons aldermen or trustees, the circuit court may, upon
petition signed by at least 100 electors or 10% of the electors
of the municipality, whichever is less, make interim
appointments to fill all vacancies in the elective offices of
the municipality from among persons whose names are submitted
by the petition or petitions. The interim appointees shall
serve until the next regularly scheduled election under the
general election law occurring not less than 120 days after
all the offices have become vacant.
(Source: P.A. 87-1119.)
(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) 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?
(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 aldermen. In the case of
alderpersons aldermen and trustees: (i) at the first election
of alderpersons aldermen or trustees that occurs in an odd
numbered year following the vote to reduce the length of
terms, successors to alderpersons aldermen 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 aldermen or
trustees shall be elected each year for terms of 2 years and
until their successors are elected and have qualified.
(Source: P.A. 87-1119.)
(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) 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 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 aldermen. In the case of
alderpersons aldermen and trustees: (i) if the first election
for alderpersons aldermen or trustees, after approval of the
proposition, occurs in an even numbered year, the alderpersons
aldermen or trustees elected in that even numbered year shall
serve for terms of 3 years and until 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 aldermen 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
aldermen or trustees, after approval of the proposition,
occurs in an odd numbered year, the alderpersons aldermen 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 aldermen 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.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-15-5) (from Ch. 24, par. 3.1-15-5)
Sec. 3.1-15-5. Officers to be elected. In all cities
incorporated under this Code there shall be elected a mayor,
alderpersons aldermen, a city clerk, and a city treasurer
(except in the case of a city of 10,000 or fewer inhabitants
that, by ordinance, allows for the appointment of a city
treasurer by the mayor, subject to the advice and consent of
the city council). In all villages and incorporated towns,
there shall be elected a president, trustees, and a clerk,
except as otherwise provided in this Code.
(Source: P.A. 87-1119; 88-572, eff. 8-11-94.)
(65 ILCS 5/3.1-15-15) (from Ch. 24, par. 3.1-15-15)
Sec. 3.1-15-15. Holding other offices. A mayor, president,
alderperson alderman, trustee, clerk, or treasurer shall not
hold any other office under the municipal government during
the term of that office, except when the officer is granted a
leave of absence from that office or except as otherwise
provided in Sections 3.1-10-50, 3.1-35-135, and 8-2-9.1.
Moreover, an officer may serve as a volunteer fireman and
receive compensation for that service.
(Source: P.A. 99-386, eff. 8-17-15.)
(65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
Sec. 3.1-15-25. Conservators of the peace; service of
warrants.
(a) After receiving a certificate attesting to the
successful completion of a training course administered by the
Illinois Law Enforcement Training Standards Board, the mayor,
alderpersons aldermen, president, trustees, marshal, deputy
marshals, and policemen in municipalities shall be
conservators of the peace. Those persons and others authorized
by ordinance shall have power (i) to arrest or cause to be
arrested, with or without process, all persons who break the
peace or are found violating any municipal ordinance or any
criminal law of the State, (ii) to commit arrested persons for
examination, (iii) if necessary, to detain arrested persons in
custody over night or Sunday in any safe place or until they
can be brought before the proper court, and (iv) to exercise
all other powers as conservators of the peace prescribed by
the corporate authorities.
(b) All warrants for the violation of municipal ordinances
or the State criminal law, directed to any person, may be
served and executed within the limits of a municipality by any
policeman or marshal of the municipality. For that purpose,
policemen and marshals have all the common law and statutory
powers of sheriffs.
(Source: P.A. 90-540, eff. 12-1-97.)
(65 ILCS 5/3.1-15-30) (from Ch. 24, par. 3.1-15-30)
Sec. 3.1-15-30. Minority representation.
(a) Whenever the question of incorporation as a city under
this Code is submitted for adoption to the electors of any
territory, village, incorporated town, or city under special
charter, there may be submitted at the same time for adoption
or rejection the question of minority representation in the
city council. The proposition shall be in the following form:
Shall minority representation in the city council be
adopted?
(b) If a majority of the votes cast on the question at any
election are for minority representation in the city council,
the members of the city council, except as otherwise provided,
thereafter shall be elected as provided in Section 3.1-15-35.
(c) The city council, at least 30 days before the first day
fixed by law for the filing of candidate petitions for the next
general municipal election, shall apportion the city by
dividing its population, as ascertained by an official
publication of any national, state, school, or city census, by
any number not less than 2 nor more than 6. The quotient shall
be the ratio of representation in the city council. Districts
shall be formed of contiguous and compact territory and
contain, as near as practicable, an equal number of
inhabitants.
(d) If a majority of the votes cast on the question at any
election are against minority representation in the city
council, the members of the city council shall be elected as
otherwise provided in this Code.
(e) At any time after the incorporation of a city under
this Code, on petition of electors equal in number to
one-eighth the number of legal votes cast at the next
preceding general municipal election, the city clerk shall
certify the question of the adoption or retention of minority
representation to the proper election authority for submission
to the electors of that city. The proposition shall be in the
same form as provided in this Section, except that the word
"retained" shall be substituted for the word "adopted" when
appropriate. A question of minority representation, however,
shall not be submitted more than once within 32 months.
(f) If the city council of any city adopting minority
representation as provided in this Section has not fixed a
ratio of representation and formed the districts by the time
specified in this Section, those acts may be done by any later
city council. All official acts done and ordinances passed by
a city council elected at large by the electors of a city that
has adopted a minority representation plan shall be as valid
and binding as if the alderpersons aldermen had been elected
from districts.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-15-35) (from Ch. 24, par. 3.1-15-35)
Sec. 3.1-15-35. Alderpersons Aldermen under minority
representation plan. Every district under a minority
representation plan shall be entitled to 3 alderpersons
aldermen. Alderpersons Aldermen shall hold their offices for 4
years and until their successors have been elected and
qualified, except in cities that have adopted a 2 year term
under Section 3.1-10-65. There shall be elected in each
district as many alderpersons aldermen as the district is
entitled to. In all of these elections for alderpersons
aldermen, each elector may cast as many votes as there are
alderpersons aldermen to be elected in the elector's district,
or may distribute his or her votes, or equal parts of the
votes, among the candidates as the elector sees fit. The
candidate highest in votes is elected if only one alderperson
alderman is elected; the candidates highest and next highest
in votes are elected if only 2 alderpersons aldermen are
elected; and the 3 highest candidates in votes are elected
when 3 alderpersons aldermen are elected. Vacancies shall be
filled as provided in Sections 3.1-10-50 and 3.1-10-55 by
either interim election or appointment. An appointment to fill
a vacancy shall be made within 60 days after the vacancy
occurs. The requirement that an appointment be made within 60
days is an exclusive power and function of the State and is a
denial and limitation under Article VII, Section 6, subsection
(h) of the Illinois Constitution of the power of a home rule
municipality to require that an appointment be made within a
different period after the vacancy occurs.
(Source: P.A. 87-1052; 87-1119; 88-45.)
(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 all cities that adopt or have adopted the minority
representation plan for the election of alderpersons aldermen
and have not already staggered the terms of their alderpersons
aldermen, the city council may provide by ordinance that at
any ensuing general municipal election for city officers the
alderpersons aldermen 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. 87-1119.)
(65 ILCS 5/3.1-20-10) (from Ch. 24, par. 3.1-20-10)
Sec. 3.1-20-10. Alderpersons Aldermen; number.
(a) Except as otherwise provided in this Section, Section
3.1-20-20, or as otherwise provided in the case of
alderpersons-at-large aldermen-at-large, the number of
alderpersons aldermen, when not elected by the minority
representation plan, shall be determined using the most recent
federal decennial census results as follows:
(1) in cities not exceeding 3,000 inhabitants, 6
alderpersons aldermen;
(2) in cities exceeding 3,000 but not exceeding
15,000, 8 alderpersons aldermen;
(3) in cities exceeding 15,000 but not exceeding
20,000, 10 alderpersons aldermen;
(4) in cities exceeding 20,000 but not exceeding
50,000, 14 alderpersons aldermen;
(5) in cities exceeding 50,000 but not exceeding
70,000, 16 alderpersons aldermen;
(6) in cities exceeding 70,000 but not exceeding
90,000, 18 alderpersons aldermen; and
(7) in cities exceeding 90,000 but not exceeding
500,000, 20 alderpersons aldermen.
(b) Instead of the number of alderpersons aldermen set
forth in subsection (a), a municipality with 15,000 or more
inhabitants may adopt, either by ordinance or by resolution,
not more than one year after the municipality's receipt of the
new federal decennial census results, the following number of
alderpersons aldermen: in cities exceeding 15,000 but not
exceeding 20,000, 8 alderpersons aldermen; exceeding 20,000
but not exceeding 50,000, 10 alderpersons aldermen; exceeding
50,000 but not exceeding 70,000, 14 alderpersons aldermen;
exceeding 70,000 but not exceeding 90,000, 16 alderpersons
aldermen; and exceeding 90,000 but not exceeding 500,000, 18
alderpersons aldermen.
(c) Instead of the number of alderpersons aldermen set
forth in subsection (a), a municipality with 40,000 or more
inhabitants may adopt, either by ordinance or by resolution,
not more than one year after the municipality's receipt of the
new federal decennial census results, the following number of
alderpersons aldermen: in cities exceeding 40,000 but not
exceeding 50,000, 16 alderpersons aldermen.
(d) If, according to the most recent federal decennial
census results, the population of a municipality increases or
decreases under this Section, then the municipality may adopt
an ordinance or resolution to retain the number of
alderpersons aldermen that existed before the most recent
federal decennial census results. The ordinance or resolution
may not be adopted more than one year after the municipality's
receipt of the most recent federal decennial census results.
(Source: P.A. 96-1156, eff. 7-21-10; 97-301, eff. 8-11-11;
97-1091, eff. 8-24-12.)
(65 ILCS 5/3.1-20-15) (from Ch. 24, par. 3.1-20-15)
Sec. 3.1-20-15. Division into wards. Except as otherwise
provided in Section 3.1-20-20, every city shall have one-half
as many wards as the total number of alderpersons aldermen to
which the city is entitled. The city council, from time to
time, shall divide the city into that number of wards.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-20-20) (from Ch. 24, par. 3.1-20-20)
Sec. 3.1-20-20. Alderpersons Aldermen; restrict or
reinstate number.
(a) In a city of less than 100,000 inhabitants, a
proposition to restrict the number of alderpersons aldermen to
one-half of the total authorized by Section 3.1-20-10, with
one alderperson alderman representing each ward, shall be
certified by the city clerk to the proper election
authorities, 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 not less than 10% of the total vote cast at the last
election for mayor of the city and the petition is filed with
the city clerk.
The proposition shall be substantially in the following
form:
Shall (name of city) restrict the number of
alderpersons aldermen to (state number) (one-half of the
total authorized by Section 3.1-20-10 of the Illinois
Municipal Code), with one alderperson alderman
representing each ward?
If a majority of those voting on the proposition vote in
favor of it, all existing aldermanic terms of alderpersons
shall expire as of the date of the next regular aldermanic
election of alderpersons, at which time a full complement of
alderpersons aldermen shall be elected for the full term.
(b) In a city of less than 100,000 inhabitants, a
proposition to restrict the number of alderpersons aldermen to
one alderperson alderman per ward, with one alderperson
alderman representing each ward, plus an additional number of
alderpersons aldermen not to exceed the number of wards in the
city to be elected at large, shall be certified by the city
clerk to the proper election authorities, 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 not less than 10% of the
total vote cast at the last election for mayor of the city and
the petition is filed with the city clerk.
The proposition shall be substantially in the following
form:
Shall (name of city) restrict the number of
alderpersons aldermen to (number), with one alderperson
alderman representing each ward, plus an additional
(number) alderperson alderman (alderpersons aldermen) to
be elected at large?
If a majority of those voting on the proposition vote in
favor of it, all existing aldermanic terms of alderpersons
shall expire as of the date of the next regular aldermanic
election of alderpersons, at which time a full complement of
alderpersons aldermen shall be elected for the full term.
(c) In a city of less than 100,000 inhabitants where a
proposition under subsection (a) or (b) has been successful, a
proposition to reinstate the number of alderpersons aldermen
in accordance with Section 3.1-20-10 shall be certified by the
city clerk to the proper election authorities, who shall
submit the proposition at an election in accordance with the
general election law, if a petition requesting that action has
been signed by electors of the city numbering not less than 10%
of the total vote cast at the last election for mayor of the
city and the petition has been filed with the city clerk.
The election authority must submit the proposition in
substantially the following form:
Shall (name of city) reinstate the number of
alderpersons aldermen to (number of alderpersons aldermen
allowed by Section 3.1-20-10)?
The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the proposition
vote in the affirmative, then, if the restriction in the
number of alderpersons aldermen has taken effect, all existing
aldermanic terms of alderpersons shall expire as of the date
of the next regular aldermanic election of alderpersons, at
which time a full complement of alderpersons aldermen shall be
elected for the full term and thereafter terms shall be
determined in accordance with Section 3.1-20-35.
(Source: P.A. 92-727, eff. 7-25-02.)
(65 ILCS 5/3.1-20-22) (from Ch. 24, par. 3.1-20-22)
Sec. 3.1-20-22. Alderpersons Aldermen; staggered terms. In
any city of less than 100,000 inhabitants, a proposition to
stagger the terms of alderpersons aldermen, with as nearly as
possible one-half of the alderpersons aldermen 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 alderman elected from each
even-numbered ward shall serve a term of 2 years; one
alderperson alderman 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 aldermen?
If a majority of those voting on the proposition vote in
favor of it, then at the next regular election for
alderpersons aldermen one alderperson alderman shall be
elected from each even-numbered ward for a term of 2 years and
one alderperson alderman 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.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25)
Sec. 3.1-20-25. Redistricting a city.
(a) In the formation of wards, the number of inhabitants
of the city immediately preceding the division of the city
into wards shall be as nearly equal in population, and the
wards shall be of as compact and contiguous territory, as
practicable. Wards shall be created in a manner so that, as far
as practicable, no precinct shall be divided between 2 or more
wards.
(b) Whenever an official decennial census shows that a
city contains more or fewer wards than it is entitled to, the
city council of the city, by ordinance, shall redistrict the
city into as many wards as the city is entitled. This
redistricting shall be completed not less than 30 days before
the first day set by the general election law for the filing of
candidate petitions for the next succeeding election for city
officers. At this election there shall be elected the number
of alderpersons aldermen to which the city is entitled, except
as provided in subsection (c).
(c) If it appears from any official decennial census that
it is necessary to redistrict under subsection (b) or for any
other reason, the city council shall immediately proceed to
redistrict the city and shall hold the next city election in
accordance with the new redistricting. At this election the
alderpersons aldermen whose terms of office are not expiring
shall be considered alderpersons aldermen for the new wards
respectively in which their residences are situated. At this
election, in a municipality that is not a newly incorporated
municipality, a candidate for alderperson alderman may be
elected from any ward that contains a part of the ward in which
he or she resided at least one year next preceding the election
that follows the redistricting, and, if elected, that person
may be reelected from the new ward he or she represents if he
or she resides in that ward for at least one year next
preceding reelection. If there are 2 or more alderpersons
aldermen with terms of office not expiring and residing in the
same ward under the new redistricting, the alderperson
alderman who holds over for that ward shall be determined by
lot in the presence of the city council, in the manner directed
by the council, and all other alderpersons aldermen shall fill
their unexpired terms as alderpersons-at-large
aldermen-at-large. The alderpersons-at-large
aldermen-at-large, if any, shall have the same powers and
duties as all other alderpersons aldermen, but upon the
expiration of their terms the offices of alderpersons-at-large
aldermen-at-large shall be abolished.
(d) If the redistricting results in one or more wards in
which no alderpersons aldermen reside whose terms of office
have not expired, 2 alderpersons aldermen shall be elected in
accordance with Section 3.1-20-35, unless the city elected
only one alderperson alderman per ward pursuant to a
referendum under subsection (a) of Section 3.1-20-20.
(e) A redistricting ordinance that has decreased the
number of wards of a city because of a decrease in population
of the city shall not be effective if, not less than 60 days
before the time fixed for the next succeeding general
municipal election, an official census is officially published
that shows that the city has regained a population that
entitles it to the number of wards that it had just before the
passage of the last redistricting ordinance.
(Source: P.A. 97-1091, eff. 8-24-12.)
(65 ILCS 5/3.1-20-30) (from Ch. 24, par. 3.1-20-30)
Sec. 3.1-20-30. Validation of actions. After an official
census is officially published, if a city is divided into a
greater number of wards and has elected a greater number of
alderpersons aldermen than the city is entitled to, the
division and election shall, nevertheless, be valid and all
acts, resolutions, and ordinances of the city council of that
city, if in other respects in compliance with law, are valid.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-20-35) (from Ch. 24, par. 3.1-20-35)
Sec. 3.1-20-35. Determining terms.
(a) Alderpersons Aldermen elected at the first election
for city officers after the election of alderpersons aldermen
for the initial terms provided for in Section 2-2-11 shall
draw lots to determine which alderpersons aldermen in each
ward shall hold office for a 4 year term, and until a successor
is elected and has qualified, and which alderpersons aldermen
in each ward shall hold office for a 2 year term, and until a
successor is elected and has qualified. All alderpersons
aldermen thereafter elected shall hold office for a term of 4
years, and until their successors are elected and have
qualified, except in cities that adopt a 2 year term under
Section 3.1-10-65 and except as otherwise provided in Section
3.1-20-20.
(b) If a city that has had the minority representation
plan has voted not to retain the plan, then at the first
election for city officers following the vote 2 alderpersons
aldermen shall be elected from each ward in the city and their
terms shall be staggered in the manner set forth in subsection
(a). The tenure of these alderpersons aldermen and their
successors shall be the same as that stated in subsection (a).
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-20-40) (from Ch. 24, par. 3.1-20-40)
Sec. 3.1-20-40. Other officers; election rather than
appointment. Instead of providing for the appointment of the
following officers as provided in Section 3.1-30-5, the city
council, in its discretion, may provide by ordinance passed by
a two-thirds vote of all the alderpersons aldermen elected for
the election by the electors of the city of a city collector, a
city marshal, a city superintendent of streets, a corporation
counsel, a city comptroller, or any of them, and any other
officers which the city council considers necessary or
expedient. By ordinance or resolution, to take effect at the
end of the current fiscal year, the city council, by a like
vote, may discontinue any office so created and devolve the
duties of that office on any other city officer. After
discontinuance of an office, no officer filling that office
before its discontinuance shall have any claim against the
city for salary alleged to accrue after the date of
discontinuance.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-20-45)
Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
office. A city incorporated under this Code that elects
municipal officers at nonpartisan primary and general
elections shall conduct the elections as provided in the
Election Code, except that no office for which nomination is
uncontested shall be included on the primary ballot and no
primary shall be held for that office. For the purposes of this
Section, an office is uncontested when not more than 4 persons
to be nominated for each office have timely filed valid
nominating papers seeking nomination for the election to that
office.
Notwithstanding any other provision of law the preceding
paragraph, when a person (i) who has not timely filed valid
nomination papers and (ii) who intends to become a write-in
candidate for nomination for any office for which nomination
is uncontested files a written statement or notice of that
intent with the proper election official with whom the
nomination papers for that office are filed, no primary ballot
shall be printed. Where no primary is held, a person intending
to become a write-in candidate at the general primary election
shall refile a declaration of intent to be a write-in
candidate for the general election with the appropriate
election authority or authorities if the write-in candidate
becomes the fifth candidate filed, a primary ballot must be
prepared and a primary must be held for the office. The
statement or notice must be filed on or before the 61st day
before the consolidated primary election. The statement must
contain (i) the name and address of the person intending to
become a write-in candidate, (ii) a statement that the person
intends to become a write-in candidate, and (iii) the office
the person is seeking as a write-in candidate. An election
authority has no duty to conduct a primary election or prepare
a primary ballot unless a statement meeting the requirements
of this paragraph is filed in a timely manner.
If there is a primary election, then candidates shall be
placed on the ballot for the next succeeding general municipal
election in the following manner:
(1) If one officer is to be elected, then the 2
candidates who receive the highest number of votes shall
be placed on the ballot for the next succeeding general
municipal election.
(2) If 2 alderpersons aldermen are to be elected at
large, then the 4 candidates who receive the highest
number of votes shall be placed on the ballot for the next
succeeding general municipal election.
(3) If 3 alderpersons aldermen are to be elected at
large, then the 6 candidates who receive the highest
number of votes shall be placed on the ballot for the next
succeeding general municipal election.
The name of a write-in candidate may not be placed on the
ballot for the next succeeding general municipal election
unless he or she receives a number of votes in the primary
election that equals or exceeds the number of signatures
required on a petition for nomination for that office or that
exceeds the number of votes received by at least one of the
candidates whose names were printed on the primary ballot for
nomination for or election to the same office.
(Source: P.A. 97-81, eff. 7-5-11.)
(65 ILCS 5/3.1-25-70) (from Ch. 24, par. 3.1-25-70)
Sec. 3.1-25-70. Trustees under special Acts.
(a) In every village and incorporated town incorporated
and existing under any special Act that, before June 4, 1909,
pursuant to any special Act, annually elected members of its
legislative body, the electors in the village or incorporated
town, instead of the legislative body now provided for by law,
shall elect 6 trustees. They shall hold their offices until
their respective successors are elected and have qualified. At
the first meeting of this board of 6 trustees, the terms of
office of the trustees shall be staggered, and thereafter
shall be for the same length of time as provided for
alderpersons aldermen in Section 3.1-20-35.
(b) The electors of the village or incorporated town may,
however, adopt a 2 year term for their trustees as provided in
Section 3.1-10-65. If this 2 year term is adopted, then at the
next general municipal election in the adopting village or
incorporated town, 3 trustees shall be elected, and they shall
hold their offices for terms of one year each. In the next
succeeding year, and in each year thereafter, 3 trustees shall
be elected in the adopting village or incorporated town, and
they shall hold their offices for terms of 2 years each.
(c) A village or incorporated town that, before January 1,
1942, has adopted a 2 year term for its trustees and is now
electing 3 trustees each year shall continue to elect 3
trustees each year for a term of 2 years each. A village or
incorporated town that, before January 1, 1942, has adopted a
2 year term for its trustees but is not now electing 3 trustees
each year shall elect 3 trustees at the next general municipal
election in that municipality, and they shall hold their
offices for terms of one year each. In the next succeeding
year, and in each year thereafter, 3 trustees shall be
elected, and they shall hold their offices for terms of 2 years
each.
(d) This Section shall not apply to or change the method of
election of the members of the legislative body of
incorporated towns that have superseded civil townships.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-25-75) (from Ch. 24, par. 3.1-25-75)
Sec. 3.1-25-75. Districts; election of trustees.
(a) After a village with a population of 5,000 or more
adopts the provisions of this Section in the manner prescribed
in Section 3.1-25-80, the board of trustees by ordinance shall
divide and, whenever necessary thereafter, shall redistrict
the village into 6 compact and contiguous districts of
approximately equal population as required by law. This
redistricting shall be completed not less than 30 days before
the first day for the filing of nominating petitions for the
next succeeding election of village officers held in
accordance with the general election law.
(b) Each of the districts shall be represented by one
trustee who shall have been an actual resident of the district
for at least 6 months immediately before his or her election in
the first election after a redistricting, unless the trustee
is a resident of a newly incorporated municipality. Only the
electors of a district shall elect the trustee from that
district.
(c) The provisions of this Code relating to terms of
office of alderpersons aldermen in cities shall also apply to
the terms of office of trustees under this Section.
(Source: P.A. 95-646, eff. 1-1-08.)
(65 ILCS 5/3.1-35-35) (from Ch. 24, par. 3.1-35-35)
Sec. 3.1-35-35. Mayor or president pro tem; temporary
chairman.
(a) If the mayor or president is temporarily absent
because of an incapacity to perform official duties, but the
incapacity does not create a vacancy in the office, the
corporate authorities shall elect one of their members to act
as mayor or president pro tem. The mayor or president pro tem,
during this absence or disability, shall perform the duties
and possess all the rights and powers of the mayor or president
but shall not be entitled to vote both as mayor or president
pro tem and as alderperson alderman or trustee.
(b) In the absence of the mayor, president, acting mayor
or president, or mayor or president pro tem, the corporate
authorities may elect one of their members to act as a
temporary chairman. The temporary chairman shall have only the
powers of a presiding officer and a right to vote only in the
capacity as alderperson alderman or trustee on any ordinance,
resolution, or motion.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-5) (from Ch. 24, par. 3.1-40-5)
Sec. 3.1-40-5. Composition. The city council shall consist
of the mayor and alderpersons aldermen. It shall meet in
accordance with the Open Meetings Act. It shall keep a journal
of its own proceedings.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-10) (from Ch. 24, par. 3.1-40-10)
Sec. 3.1-40-10. Judge of elections. The city council shall
be the sole judge of the election to office of the alderpersons
aldermen. It shall also be the sole judge whether under
Section 3.1-10-5 alderpersons aldermen are eligible to hold
their offices. A court, however, shall not be prohibited from
hearing and determining a proceeding in quo warranto.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-15) (from Ch. 24, par. 3.1-40-15)
Sec. 3.1-40-15. Rules; expulsion. The city council shall
determine its own rules of proceeding and punish its members
for disorderly conduct. With the concurrence of two-thirds of
the alderpersons aldermen then holding office, it may expel an
alderperson alderman from a meeting, but not a second time for
the same incident.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-25) (from Ch. 24, par. 3.1-40-25)
Sec. 3.1-40-25. Meetings. The city council may prescribe,
by ordinance, the times and places of the council meetings and
the manner in which special council meetings may be called.
The mayor or any 3 alderpersons aldermen may call special
meetings of the city council. In addition to any notice
requirement prescribed by the city council, public notice of
meetings must be given as prescribed in Sections 2.02 and 2.03
of the Open Meetings Act.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-30) (from Ch. 24, par. 3.1-40-30)
Sec. 3.1-40-30. Mayor presides. The mayor shall preside at
all meetings of the city council. Except as provided in
Articles 4 and 5 of this Code, the mayor shall not vote on any
ordinance, resolution, or motion except the following: (i)
where the vote of the alderpersons aldermen has resulted in a
tie; (ii) where one-half of the alderpersons aldermen elected
have voted in favor of an ordinance, resolution, or motion
even though there is no tie vote; or (iii) where a vote greater
than a majority of the corporate authorities is required by
this Code or an ordinance to adopt an ordinance, resolution,
or motion. Nothing in this Section shall deprive an acting
mayor or mayor pro tem from voting in the capacity as
alderperson alderman, but he or she shall not be entitled to
another vote in the capacity as acting mayor or mayor pro tem.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-35) (from Ch. 24, par. 3.1-40-35)
Sec. 3.1-40-35. Deferral of committee reports. Upon the
request of any 2 alderpersons aldermen present, any report of
a committee of the council shall be deferred for final action
to the next regular meeting of the council after the report is
made.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-40) (from Ch. 24, par. 3.1-40-40)
Sec. 3.1-40-40. Vote required. The passage of all
ordinances for whatever purpose, and of any resolution or
motion (i) to create any liability against a city or (ii) for
the expenditure or appropriation of its money shall require
the concurrence of a majority of all members then holding
office on the city council, including the mayor, unless
otherwise expressly provided by this Code or any other Act
governing the passage of any ordinance, resolution, or motion.
Where the council consists of an odd number of alderpersons
aldermen, however, the vote of the majority of the
alderpersons aldermen shall be sufficient to pass an
ordinance. The passage of an ordinance, resolution, or motion
to sell any school property shall require the concurrence of
three-fourths of all alderpersons aldermen then holding
office. The yeas and nays shall be taken upon the question of
the passage of the designated ordinances, resolutions, or
motions and recorded in the journal of the city council. In
addition, the corporate authorities at any meeting may by
unanimous consent take a single vote by yeas and nays on the
several questions of the passage of any 2 or more of the
designated ordinances, orders, resolutions, or motions placed
together for voting purposes in a single group. The single
vote shall be entered separately in the journal under the
designation "omnibus vote", and in that event the clerk may
enter the words "omnibus vote" or "consent agenda" in the
journal in each case instead of entering the names of the
members of city council voting "yea" and those voting "nay" on
the passage of each of the designated ordinances, orders,
resolutions, and motions included in the omnibus group or
consent agenda. The taking of a single or omnibus vote and the
entries of the words "omnibus vote" or "consent agenda" in the
journal shall be a sufficient compliance with the requirements
of this Section to all intents and purposes and with like
effect as if the vote in each case had been taken separately by
yeas and nays on the question of the passage of each ordinance,
order, resolution, and motion included in the omnibus group
and separately recorded in the journal. Likewise, the yeas and
nays shall be taken upon the question of the passage of any
other resolution or motion at the request of any alderperson
alderman and shall be recorded in the journal.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-40-50) (from Ch. 24, par. 3.1-40-50)
Sec. 3.1-40-50. Reconsideration; passing over veto. Every
resolution and motion specified in Section 3.1-40-45, and
every ordinance, that is returned to the city council by the
mayor shall be reconsidered by the city council at the next
regular meeting following the regular meeting at which the
city council receives the mayor's written objection. If, after
reconsideration, two-thirds of all the alderpersons aldermen
then holding office on the city council agree at that regular
meeting to pass an ordinance, resolution, or motion,
notwithstanding the mayor's refusal to approve it, then it
shall be effective. The vote on the question of passage over
the mayor's veto shall be by yeas and nays and shall be
recorded in the journal.
This Section does not apply to municipalities with more
than 500,000 inhabitants.
(Source: P.A. 91-489, eff. 1-1-00.)
(65 ILCS 5/3.1-40-55) (from Ch. 24, par. 3.1-40-55)
Sec. 3.1-40-55. Reconsideration; requisites. No vote of
the city council shall be reconsidered or rescinded at a
special meeting unless there are present at the special
meeting at least as many alderpersons aldermen as were present
when the vote was taken.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-45-5) (from Ch. 24, par. 3.1-45-5)
Sec. 3.1-45-5. Composition; manner of acting. The board of
trustees shall consist of the president and trustees and,
except as otherwise provided in this Code, shall exercise the
same powers and perform the same duties as the city council in
cities. It shall pass ordinances, resolutions, and motions in
the same manner as a city council. The president of the board
of trustees may exercise the same veto power and powers in
Section 3.1-40-30, and with like effect, as the mayor of a
city. The trustees may pass motions, resolutions, and
ordinances over the president's veto in like manner as the
alderpersons aldermen of a city council.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-45-15) (from Ch. 24, par. 3.1-45-15)
Sec. 3.1-45-15. Powers and duties. The trustees, except as
otherwise provided in this Code, shall perform the duties and
exercise the powers conferred upon the alderpersons aldermen
of a city.
(Source: P.A. 87-1119.)
(65 ILCS 5/3.1-55-5) (from Ch. 24, par. 3.1-55-5)
Sec. 3.1-55-5. Certificate of appointment. Whenever a
person has been appointed or elected to office, the mayor or
president shall issue a certificate of appointment or
election, under the corporate seal, to the municipal clerk.
All officers elected or appointed under this Code, except the
municipal clerk, alderperson alderman, mayor, trustees, and
president, shall be commissioned by warrant, under the
corporate seal, signed by the municipal clerk and the mayor,
acting mayor, or mayor pro tem, or presiding officer of the
corporate authorities.
(Source: P.A. 87-1119.)
(65 ILCS 5/4-1-2) (from Ch. 24, par. 4-1-2)
Sec. 4-1-2. Definitions. In this Article, unless the
context otherwise requires:
(a) Any office or officer named in Any act referred to in
this Article, when applied to cities or villages under the
commission form of municipal government, means the office or
officer having the same functions or duties under this Article
or under ordinances passed by authority of this Article.
(b) "Commissioner", "alderperson alderman", or "village
trustee" means commissioner when applied to duties under this
Article.
(c) "City council", "board of trustees", or "corporate
authorities" means "council" when applied to duties under this
Article.
(d) "Franchise" includes every special privilege or right
in the streets, alleys, highways, bridges, subways, viaducts,
air, waters, public places, and other public property that
does not belong to the citizens generally by common right,
whether granted by the State or the city or village.
(e) "City" includes village.
(f) "Municipal" or "municipality" means either city or
village.
(g) "Treating" means the entertaining of a person with
food, drink, tobacco, or drugs.
(h) "Treats" means the food, drink, tobacco, or drugs,
requested, offered, given, or received, in treating or for the
entertainment of a person.
(Source: P.A. 87-1119.)
(65 ILCS 5/4-10-1) (from Ch. 24, par. 4-10-1)
Sec. 4-10-1. Any municipality, which has operated for more
than 2 years under the commission form of municipal
government, may abandon its operation under this article and
accept the provisions of the general law of the State then
applicable to municipalities, by proceedings as follows:
When a petition signed by electors of the municipality
equal in number to at least 25% of the number of votes cast for
the candidates for mayor at the last preceding general
quadrennial municipal election is filed with the municipal
clerk, the clerk shall certify the proposition to the proper
election authorities for submission to the electors of the
municipality. The proposition shall be in substantially the
following form:
-------------------------------------------------------------
Shall the city (or village) YES
of.... retain the commission ----------------------------
form of municipal government? NO
-------------------------------------------------------------
In municipalities which have adopted the City Election
Law, however, this proposition shall be filed with the clerk
of that board. However, in municipalities with less than
50,000 inhabitants this proposition shall only be submitted
within the year preceding the expiration of the terms of
office of the elective officers of the municipality and shall
not be submitted more often than once in that year. In
municipalities with 50,000 or more inhabitants this
proposition shall not be submitted more often than once in 22
months.
If a majority of the votes cast on this proposition are
against the proposition, the officers elected at the next
succeeding general municipal election shall be those then
prescribed in Article 3. Upon the qualification of these
officers the municipality shall become a city or village under
this Code, but this change shall not affect in any manner or
degree the property rights or liabilities of any nature of the
municipality, but shall merely extend to the change in its
form of government.
The first city council or board of trustees elected after
the abandonment of the commission form of municipal government
shall have the same number of alderpersons aldermen or
trustees as were provided in the municipality at the time of
its adoption of this article, and the municipality shall have
the same ward and precinct boundaries.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-1-4) (from Ch. 24, par. 5-1-4)
Sec. 5-1-4. Procedure for adopting managerial form of
government.
(a) Cities and villages described in Section 5-1-1, in
order to vest themselves with the managerial form of municipal
government, shall act in accordance with the procedure
provided in Sections 5-1-4 through 5-1-11 unless modified
elsewhere in this Article 5. In cities that are operating
under Section 3.1-20-10 and villages operating under Section
3.1-25-75 at the time of the adoption of this Article 5, the
forms of petition and ballot prescribed in Sections 5-1-5 and
5-1-7 may at the option of the petitioners be modified to
contain the following additional proposition:
Shall (name of city or village), if it adopts the
managerial form of municipal government, continue to elect
alderpersons aldermen (or trustees) from wards (or
districts)?
(b) In any city operating under Section 3.1-20-10 at the
time of adoption of this Article 5, at the option of the
petitioners and in addition to the optional proposition
provided for in subsection (a), the forms of petition and
ballot prescribed in Sections 5-1-6 and 5-1-8 may be further
modified to contain the following additional proposition:
Shall only one alderperson alderman hereafter be
elected from each ward if (name of city) adopts the
managerial form of municipal government and also elects to
continue the alderperson aldermanic organization for the
city council?
(c) If 2 or more forms of petition allowed under this
Section are presented to the chief judge of the circuit court
or any judge of that circuit designated by the chief judge, the
judge shall cause only the question or questions contained in
the first petition so presented to be submitted to referendum,
if he or she finds that the petition is in proper form and
legally sufficient.
(d) If a majority of the electors voting on the
proposition vote to adopt the managerial form of municipal
government, then this Article 5 shall become effective in the
city or village upon the date of the next general municipal
election at which any corporate authority is elected. The
operation of the managerial form of municipal government, for
purposes of voting on the question to abandon set out in
Section 5-5-1, however, shall not be deemed to begin until a
manager is appointed.
(e) The city council or board of trustees of a city or
village that adopts the provisions of this Article 5 under
this Section may, if it so desires, by the adoption of an
ordinance immediately after the adoption of this Article 5 has
been proclaimed, appoint a city or village manager and
reorganize the administration of the municipality in
conformance with this Article 5. This Article 5, except as to
the membership of the council in cities or villages in which
representation by wards or districts has not been retained,
shall be in effect upon the proclamation of the results of the
adopting referendum.
(Source: P.A. 87-1119.)
(65 ILCS 5/5-2-1) (from Ch. 24, par. 5-2-1)
Sec. 5-2-1. If a city or village adopts the managerial
form of municipal government and also elects to choose
alderpersons aldermen or trustees, as the case may be, from
wards or districts, then the city council shall be constituted
as provided in Sections 5-2-2 through 5-2-10 and the village
board shall be constituted as provided in Section 5-2-11 and
the incumbent alderpersons aldermen, trustees, mayor,
president, clerk and treasurer shall continue in office until
expiration of their present terms. If a city has voted to elect
only one alderperson alderman from each ward then no election
for a successor for the alderperson alderman from each ward
whose term next expires shall be held, and upon the expiration
of the terms of the alderpersons aldermen having the longest
time to serve at the time of adoption of this Article 5 only
one successor shall be elected from each ward. In case a city
votes to elect only one alderperson alderman from each ward,
the number of alderpersons aldermen prescribed by Section
5-2-2 shall be halved, for the purposes of this Article 5 and
the provisions of Section 5-2-4 prescribing the number of
wards shall not apply but such city shall have an equal number
of wards and alderpersons aldermen. The mayor of a city and the
president of a village board shall be elected from the city or
village at large.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)
Sec. 5-2-2. Except as otherwise provided in Section 5-2-3,
the number of alderpersons aldermen, when not elected by the
minority representation plan, shall be as follows: In cities
not exceeding 3,000 inhabitants, 6 alderpersons aldermen;
exceeding 3,000, but not exceeding 15,000, 8 alderpersons
aldermen; exceeding 15,000 but not exceeding 20,000, 10
alderpersons aldermen; exceeding 20,000 but not exceeding
30,000, 14 alderpersons aldermen; and 2 additional
alderpersons aldermen for every 20,000 inhabitants over
30,000. In all cities of less than 500,000, 20 alderpersons
aldermen shall be the maximum number permitted except as
otherwise provided in the case of alderpersons-at-large
aldermen-at-large. No redistricting shall be required in order
to reduce the number of alderpersons aldermen heretofore
provided for. Two alderpersons aldermen shall be elected to
represent each ward.
If it appears from any census specified in Section 5-2-5
and taken not earlier than 1940 that any city has the requisite
number of inhabitants to authorize it to increase the number
of alderpersons aldermen, the city council shall immediately
proceed to redistrict the city in accordance with the
provisions of Section 5-2-5, and it shall hold the next city
election in accordance with the new redistricting. At this
election the alderpersons aldermen whose terms of office are
not expiring shall be considered alderpersons aldermen for the
new wards respectively in which their residences are situated.
At this election a candidate for alderperson alderman may be
elected from any ward that contains a part of the ward in which
he or she resided at least one year next preceding the election
that follows the redistricting, and, if elected, that person
may be reelected from the new ward he or she represents if he
or she resides in that ward for at least one year next
preceding reelection. If there are 2 or more alderpersons
aldermen with terms of office not expiring and residing in the
same ward under the new redistricting, the alderperson
alderman who holds over for that ward shall be determined by
lot in the presence of the city council, in whatever manner the
council shall direct and all other alderpersons aldermen shall
fill their unexpired terms as alderpersons-at-large
aldermen-at-large. The alderpersons-at-large
aldermen-at-large, if any, shall have the same power and
duties as all other alderpersons aldermen but upon expiration
of their terms the offices of alderpersons-at-large
aldermen-at-large shall be abolished.
If the re-districting results in one or more wards in
which no alderpersons aldermen reside whose terms of office
have not expired, 2 alderpersons aldermen shall be elected in
accordance with the provisions of Section 5-2-8.
(Source: P.A. 93-847, eff. 7-30-04.)
(65 ILCS 5/5-2-3) (from Ch. 24, par. 5-2-3)
Sec. 5-2-3. In any city or village of less than 100,000
inhabitants, a proposition to restrict the number of
alderpersons aldermen to one-half of the total authorized by
Section 5-2-2, with one alderperson alderman representing each
ward, shall be certified by the municipal 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 such 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 board
of trustees of the municipality, and is filed with the city or
village clerk in accordance with the general election law.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the City (or Village) of
........ restrict the number of alderpersons YES
aldermen to one-half of the total
authorized by Section 5-2-2 of the ------------------------
Illinois Municipal Code, with one NO
alderperson alderman representing each ward?
-------------------------------------------------------------
If a majority of those voting upon the proposition vote in
favor of it, all existing aldermanic terms of alderpersons
shall expire as of the date of the next regular aldermanic
election of alderpersons, at which time a full complement of
alderpersons aldermen shall be elected for the full term.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-3.1) (from Ch. 24, par. 5-2-3.1)
Sec. 5-2-3.1. In any municipality in which only one
alderperson alderman is elected from each ward, a proposition
to stagger the terms of alderpersons aldermen, with as nearly
as possible one-half of the alderpersons aldermen elected
every 2 years, shall be certified to the proper election
authority who shall submit the proposition at an election in
accordance with the general election law, if a petition
requesting such action is signed by electors of the
municipality numbering at least 10% of the total vote cast at
the last election for mayor or president of the board of
trustees of the municipality and is filed with the municipal
clerk.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the City (or Village) of YES
............ adopt a system of ---------------------------
staggered terms for alderpersons aldermen? NO
-------------------------------------------------------------
If a majority of those voting on the proposition vote in
favor of it, at the next regular election for alderpersons
aldermen, one alderperson alderman shall be elected from each
even-numbered ward for a term of 2 years, and one alderperson
alderman 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.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-4) (from Ch. 24, par. 5-2-4)
Sec. 5-2-4. Except as otherwise provided in Section 5-2-3,
every city shall have one-half as many wards as the total
number of alderpersons aldermen to which the city is entitled.
The city council, from time to time shall divide the city into
that number of wards. In the formation of wards the population
of each shall be as nearly equal, and the wards shall be of as
compact and contiguous territory, as practicable.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-2-5) (from Ch. 24, par. 5-2-5)
Sec. 5-2-5. Whenever an official publication of any
national, state, school, or city census shows that any city
contains more or less wards than it is entitled to, the city
council of the city, by ordinance, shall redistrict the city
into as many wards only as the city is entitled. This
redistricting shall be completed not less than 30 days before
the first date fixed by law for the filing of candidate
petitions for the next succeeding election for city officers.
At this election there shall be elected the number of
alderpersons aldermen to which the city is entitled.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-7) (from Ch. 24, par. 5-2-7)
Sec. 5-2-7. If, after a specified census is officially
published, any city is divided into a greater number of wards
and has elected a greater number of alderpersons aldermen than
the city is entitled, nevertheless such division and election
shall be valid and all acts, resolutions, and ordinances of
the city council of such city, if in other respects in
compliance with law, are valid.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-2-8) (from Ch. 24, par. 5-2-8)
Sec. 5-2-8. Staggered terms; tenure.
(a) Alderpersons Aldermen elected at the first election
for city officers after the election of alderpersons aldermen
for the initial terms provided for in Section 2-2-11 shall
draw lots to determine (i) which of the alderpersons aldermen
in each ward shall hold for a 4 year term and until a successor
is elected and has qualified and (ii) which in each ward shall
hold for a 2 year term and until a successor is elected and has
qualified. All alderpersons aldermen elected after that first
election shall hold office for a term of 4 years and until
their successors are elected and have qualified, except in
cities that adopt a 2 year term as provided in Section
3.1-10-65 and except as is otherwise provided in Section
5-2-3.
(b) If a city that has had the minority representation
plan has voted not to retain the plan, then, at the first
election for city officers following the vote, 2 alderpersons
aldermen shall be elected from each ward in the city. Their
terms shall be staggered by the process specified in this
Section. The tenure of these alderpersons aldermen and their
successors shall be the same as that stated in subsection (a).
(Source: P.A. 87-1119.)
(65 ILCS 5/5-2-11) (from Ch. 24, par. 5-2-11)
Sec. 5-2-11. In any village which adopts this Article 5,
the board of trustees by ordinance shall divide and, whenever
necessary thereafter, shall redistrict the village into 6
compact and contiguous districts of approximately equal
population.
Each of the districts shall be represented by one trustee
who shall have been an actual resident of the district for at
least 6 months prior to his election, unless the trustee is a
resident of a newly incorporated municipality. Only the
electors of a district shall elect the trustee from that
district.
The provisions of Section 5-2-8 relating to terms of
office of alderpersons aldermen in cities shall also apply to
the terms of office of trustees under this section.
(Source: P.A. 95-646, eff. 1-1-08.)
(65 ILCS 5/5-2-12) (from Ch. 24, par. 5-2-12)
Sec. 5-2-12. Alderpersons Aldermen or trustees elected at
large; vacancies; mayor or president to preside.
(a) If a city or village adopts the managerial form of
municipal government but does not elect to choose alderpersons
aldermen or trustees from wards or districts, then the
following provisions of this Section shall be applicable.
(b) The city council shall be elected at large. In cities
of less than 50,000 population, the council shall consist of
(i) the mayor and 4 councilmen or (ii) the mayor and 6
councilmen if the size of the city council is increased under
subsection (k). In cities of at least 50,000 but less than
100,000 population, the council shall consist of the mayor and
6 councilmen. In cities of at least 100,000 but not more than
500,000 population, the council shall consist of the mayor and
8 councilmen.
(c) Except in villages that were governed by Article 4
immediately before the adoption of the managerial form of
municipal government, the village board shall be elected at
large and shall consist of a president and the number of
trustees provided for in Section 5-2-15 or 5-2-17, whichever
is applicable.
(d) The term of office of the mayor and councilmen shall be
4 years, provided that in cities of less than 50,000, the 2
councilmen receiving the lowest vote at the first election
shall serve for 2 years only; in cities of at least 50,000 but
less than 100,000, the 3 councilmen receiving the lowest vote
at the first election shall serve for 2 years only; and in
cities of at least 100,000 but not more than 500,000, the 4
councilmen receiving the lowest vote at the first election
shall serve for 2 years only.
(e) The election of councilmen shall be every 2 years.
After the first election, only 2 councilmen in cities of less
than 50,000, 3 councilmen in cities of at least 50,000 but less
than 100,000, or 4 councilmen in cities of at least 100,000 but
not more than 500,000, shall be voted for by each elector at
the primary elections, and only 2, 3, or 4 councilmen, as the
case may be, shall be voted for by each elector at each
biennial general municipal election, to serve for 4 years.
(f) In addition to the requirements of the general
election law, the ballots shall be in the form set out in
Section 5-2-13. In cities with less than 50,000, the form of
ballot prescribed in Section 5-2-13 shall be further modified
by printing in the place relating to councilmen the words
"Vote for not more than Two", or "Vote for not more than Three"
if the size of the city council is increased under subsection
(k), instead of the words "Vote for not more than Four". In
cities of at least 50,000 but less than 100,000, the ballot
shall be modified in that place by printing the words "Vote for
not more than Three" instead of the words "Vote for not more
than Four". Sections 4-3-5 through 4-3-18, insofar as they may
be applicable, shall govern the election of a mayor and
councilmen under this Section.
(g) If a vacancy occurs in the office of mayor or
councilman, the remaining members of the council, within 60
days after the vacancy occurs, shall fill the vacancy by
appointment of some person to the office for the balance of the
unexpired term or until the vacancy is filled by interim
election under Section 3.1-10-50, and until the successor is
elected and has qualified.
(h) Except in villages that were governed by Article 4
immediately before the adoption of the managerial form of
municipal government, in villages that have adopted this
Article 5 the term of office of the president, the number of
trustees to be elected, their terms of office, and the manner
of filling vacancies shall be governed by Sections 5-2-14
through 5-2-17.
(i) Any village that adopts the managerial form of
municipal government under this Article 5 and that,
immediately before that adoption, was governed by the
provisions of Article 4, shall continue to elect a mayor and 4
commissioners in accordance with Sections 4-3-5 through
4-3-18, insofar as they may be applicable, except that the 2
commissioners receiving the lowest vote among those elected at
the first election after this Article 5 becomes effective in
the village shall serve for 2 years only. After that first
election, the election of commissioners shall be every 2
years, and 2 commissioners shall be elected at each election
to serve for 4 years.
(j) The mayor or president shall preside at all meetings
of the council or board and on all ceremonial occasions.
(k) In cities of less than 50,000 population, the city
council may, by ordinance, provide that the city council
shall, after the next biennial general municipal election,
consist of 6 instead of 4 councilmen. If the size of the
council is increased to 6 councilmen, then at the next
biennial general municipal election, the electors shall vote
for 4 instead of 2 councilmen. Of the 4 councilmen elected at
that next election, the one receiving the lowest vote at that
election shall serve a 2-year term. Thereafter, all terms
shall be for 4 years.
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/5-2-17) (from Ch. 24, par. 5-2-17)
Sec. 5-2-17. Trustees; certain villages incorporated under
special Acts.
(a) In every village specified in Section 5-2-12
incorporated and existing under any special Act that, before
June 4, 1909, under any special Act, annually elected members
of its legislative body, the electors of the village, instead
of the legislative body now provided for by law, shall elect 6
trustees. They shall hold their offices until their respective
successors are elected and have qualified. At the first
meeting of this board of 6 trustees, the terms of office of the
trustees shall be staggered. Thereafter, the terms shall be
for the same length of time as provided for alderpersons
aldermen in Section 3.1-20-35.
(b) The electors of a village or incorporated town
described in subsection (a) may, however, adopt a 2 year term
for their trustees as provided in Section 3.1-10-65. If this 2
year term is adopted, then at the next general municipal
election in the adopting village, 3 trustees shall be elected,
and they shall hold their offices for terms of one year each.
In the next succeeding year, and in each year thereafter, 3
trustees shall be elected in the adopting village, and they
shall hold their offices for terms of 2 years each.
(c) Any village described in subsection (a) that, before
January 2, 1942, has adopted a 2 year term for its trustees and
is now electing 3 trustees each year shall continue to elect 3
trustees each year for a term of 2 years each. Any village
described in subsection (a) that, before January 2, 1942, has
adopted a 2 year term for its trustees but is not now electing
3 trustees each year shall elect 3 trustees at the next general
municipal election in that village, and they shall hold their
offices for terms of one year each. In the next succeeding
year, and in each year thereafter, 3 trustees shall be
elected, and they shall hold their offices for terms of 2 years
each.
(Source: P.A. 87-1119.)
(65 ILCS 5/5-2-18) (from Ch. 24, par. 5-2-18)
Sec. 5-2-18. In any city which has adopted this Article 5
and which elects a mayor and councilmen as provided in Section
5-2-12, a proposition to elect alderpersons aldermen from
wards as provided in Article 3 of this Code, except that only
one alderperson alderman may be elected from each ward, shall
be certified by the city clerk to the proper election
authority who shall submit such proposition at the general
municipal election in accordance with the general election
law, if a petition signed by electors of the city numbering not
less than 10% of the total vote cast for mayor at the last
preceding election, is filed with the city clerk.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the city of.... be divided
into wards with one alderperson alderman to be YES
elected from each ward, but with the ----------------------
mayor to be elected from the city NO
at large?
-------------------------------------------------------------
If a majority of those voting on the proposition vote
"yes", then the sitting city council shall proceed to divide
the city into wards in the manner provided in Article 3 and one
alderperson alderman shall be elected from each ward at the
next general municipal election of any city officer. Upon the
election and qualification of such alderpersons aldermen the
terms of office of all sitting councilmen shall expire. After
the adoption of such proposition the provisions of Article 3
shall be applicable to the division of the city into wards and
to the election of the mayor and alderpersons aldermen of such
city, except that only one alderperson alderman shall be
elected from each ward.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-18.1) (from Ch. 24, par. 5-2-18.1)
Sec. 5-2-18.1. In any city or village which has adopted
this Article and also has elected to choose alderpersons
aldermen from wards or trustees from districts, as the case
may be, a proposition to elect the city council at large shall
be submitted to the electors in the manner herein provided.
Electors of such city or village, equal to not less than
10% of the total vote cast for all candidates for mayor or
president in the last preceding municipal election for such
office, may petition for the submission to a vote of the
electors of that city or village the proposition whether the
city council shall be elected at large. The petition shall be
in the same form as prescribed in Section 5-1-6, except that
said petition shall be modified as to the wording of the
proposition to be voted upon to conform to the wording of the
proposition as hereinafter set forth, and shall be filed with
the city clerk in accordance with the general election law.
The clerk shall certify the proposition to the proper election
authorities who shall submit the proposition at an election in
accordance with the general election law.
However, such proposition shall not be submitted at the
general primary election for the municipality.
The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall the city (or village) of
.... elect the city council at YES
large instead of alderpersons aldermen ------------
(or trustees) from wards (or NO
districts)?
-------------------------------------------------------------
If a majority of those voting on the proposition vote
"yes", then the city council shall be elected at large at the
next general municipal election and the provisions of Section
5-2-12 shall be applicable. Upon the election and
qualification of such council men or trustees, the terms of
all sitting alderpersons aldermen shall expire.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-18.2) (from Ch. 24, par. 5-2-18.2)
Sec. 5-2-18.2. In any city which has adopted this Article,
and also has elected to choose alderpersons aldermen from
wards, a proposition to elect part of the city council at large
and part from districts shall be submitted to the electors
upon the petition herein provided.
Electors of such city, equal in number to not less than 10%
of the total vote cast for all candidates for mayor in the last
preceding municipal election for such office, may petition for
the submission to a vote of the electors of that city the
proposition whether part of the city council shall be elected
at large and part from districts. The petition shall be in the
same form as prescribed in Section 5-1-6, except that said
petition shall be modified as to the wording of the
proposition to be voted upon, to conform to the wording of the
proposition as hereinafter set forth, and shall be filed with
the city clerk in accordance with the general election law.
The city clerk shall certify the proposition to the proper
election authorities who shall submit the proposition at an
election in accordance with the general election law.
However, such proposition shall not be submitted at the
general primary election for the municipality.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the city of....
elect part of the councilmen YES
at large and part of ----------------------------
the councilmen from NO
districts?
-------------------------------------------------------------
If a majority of those voting on the proposition vote
"yes", then at the next general municipal election and every 4
years thereafter, a mayor and part of the councilmen shall be
elected at large and part of the councilmen shall be elected
from wards, the total number of councilmen to be elected to
equal the number of alderpersons aldermen authorized to be
elected prior to adoption of the proposition.
The city council shall divide the city, whenever necessary
thereafter, into districts which shall be of as compact and
contiguous territory as practicable and of approximately equal
population. The number of such districts shall be equal to
half the number of alderpersons aldermen then authorized to be
elected to office in such city. If there is an odd number of
such alderpersons aldermen, the number of districts
established shall be equal to the number which represents a
majority of the number of such alderpersons aldermen.
One councilman, who is an actual resident of the district,
shall be elected from each district. Only the electors of a
district shall elect a councilman from that district. The rest
of the number of councilmen authorized shall be elected at
large.
The mayor and councilmen shall hold their respective
offices for the term of 4 years and until their successors are
elected and qualified. Upon the election and qualification of
the councilmen, the terms of all sitting alderpersons aldermen
shall expire.
(Source: P.A. 81-1489.)
(65 ILCS 5/5-2-18.7) (from Ch. 24, par. 5-2-18.7)
Sec. 5-2-18.7. In any city which has adopted this Article,
and is electing the city council at large or has elected to
choose alderpersons aldermen from wards, a proposition to
elect part of the city council at large and part from districts
with staggered four year terms and biennial elections for
councilmen shall be submitted to the electors upon initiation
in the manner herein provided.
Electors of such city, equal in number to not less than 10%
of the total vote cast for all candidates for mayor in the last
preceding municipal election for such office, may petition for
submission, or, in the alternative, the city council may by
ordinance without a petition cause to be submitted, to a vote
of the electors of that city the proposition whether part of
the city council shall be elected at large and part from
districts with staggered four year terms and biennial
elections for councilmen. The petition shall be in the same
form as prescribed in Section 5-1-6, except that the petition
shall be modified as to the wording of the proposition to be
voted upon, to conform to the wording of the proposition as
hereinafter set forth, and shall be filed with the city clerk
in accordance with the general election law. The city clerk
shall certify the proposition to the proper election
authorities who shall submit the proposition at an election in
accordance with the general election law.
However, such proposition shall not be submitted at the
general primary election for the municipality.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the city of....
elect part of the councilmen at large YES
and part of the councilmen from ----------------------
districts with staggered four year NO
terms and biennial elections?
-------------------------------------------------------------
If a majority of those voting on the proposition vote
"yes", then at the next general municipal election at which a
mayor is to be elected, a mayor and councilmen shall be elected
as hereinafter provided.
In cities of less than 50,000 population, the council
shall consist of the mayor and 6 councilmen, 2 councilmen
being elected at large and 4 councilmen being elected from
districts. In cities of 50,000 and not more than 500,000
population, the council shall consist of the mayor and 8
councilmen, 3 councilmen being elected at large and 5
councilmen being elected from districts.
The city council shall divide the city, whenever necessary
thereafter, into districts which shall be of as compact and
contiguous territory as practicable and of approximately equal
population. The number of such districts shall be the same as
the number of councilmen to be elected from districts.
One councilman who is an actual resident of the district,
shall be elected from each district. Only the electors of a
district shall elect a councilman from that district. The rest
of the number of councilmen authorized shall be elected at
large.
The term of office of the Mayor and Councilmen shall be 4
years, provided that at the first election the Councilmen
elected at large shall serve for 2 years only. Thereafter the
election of Councilmen shall be biennial, and after the first
election the Mayor and all Councilmen shall be elected for 4
year terms to fill expiring terms of incumbents.
The Mayor and Councilmen shall hold their respective
offices for the term of 4 years as herein provided, and until
their successors are elected and qualified. Upon the election
and qualification of the Councilmen, the terms of all sitting
alderpersons aldermen or councilmen elected at large pursuant
to the provisions of Section 5-2-12 shall expire.
For the first primary election a distinct ballot shall be
printed for each district. At the top of the ballot shall be
the following: CANDIDATES FOR NOMINATION FOR MAYOR (when Mayor
is to be elected) AND COUNCILMEN OF THE CITY OF.... AT THE
PRIMARY ELECTION. Under the subtitle of FOR MAYOR (when
applicable) shall be placed the following: (VOTE FOR ONE).
There shall be placed below the names of the candidates for
Mayor, if any, another subtitle as follows: FOR COUNCILMEN AT
LARGE. Following this subtitle there shall be an instruction
in this form, to be altered, however, to conform to the facts:
(VOTE FOR NOT MORE THAN....) (Insert number of Councilmen
being elected). Following the names of the candidates for
councilmen at large, there shall be another subtitle in the
following form: FOR DISTRICT COUNCILMAN. Following this
subtitle there shall be the following direction: (VOTE FOR
ONE). In other respects the ballots shall conform to the
applicable provisions of Sections 4-3-10 and 5-2-13.
To determine the number of nominees who shall be placed on
the ballot under each subtitle at the general municipal
election, the number of officers who will be chosen under each
subtitle shall be multiplied by 2. Only those candidates at
the primary election shall be nominees under each subtitle at
the general municipal election and, where but one officer is
to be elected, the 2 candidates receiving the highest number
of votes shall be placed upon the ballot for the next
succeeding general municipal election. Where 2 councilmen are
to be elected, the 4 candidates receiving the highest number
of votes shall be placed upon the ballot. Where 3 councilmen
are to be elected, the names of the 6 candidates receiving the
highest number of votes shall be placed upon the ballot.
The ballots for the election of officers at the first
general municipal election shall be prepared in compliance
with Section 4-3-16, with the following changes:
(1) Following the names of the candidates for Mayor (when
applicable) there shall be printed a subtitle: FOR COUNCILMAN
AT LARGE: following this subtitle shall be an instruction in
this form: (VOTE FOR NOT MORE THAN ....) (Insert number of
councilmen to be elected). The names of the nominees for
councilmen at large shall follow the instruction.
(2) Following the names of the nominees for councilmen at
large shall be printed another subtitle: FOR DISTRICT
COUNCILMAN. Following this subtitle shall be an instruction in
this form: (VOTE FOR ONE) and following this instruction shall
be printed the names of the 2 nominees.
Thereafter, the ballots for the biennial election shall be
prepared as hereinafter provided.
For the primary election at which Councilmen at large are
to be elected the form of the ballot shall be as follows:
At the top of the ballot shall be the following:
CANDIDATES FOR NOMINATION FOR MAYOR (when Mayor is to be
elected) AND COUNCILMEN OF THE CITY OF.... AT THE PRIMARY
ELECTION. Under the subtitle of FOR MAYOR (when applicable)
shall be placed the following: (VOTE FOR ONE). There shall be
placed below the names of the candidates for Mayor, if any,
another subtitle as follows: FOR COUNCILMEN AT LARGE.
Following this subtitle there shall be an instruction in this
form, to be altered, however, to conform to the facts: (VOTE
FOR NOT MORE THAN....) (Insert number of Councilmen being
elected).
For the primary election at which District Councilmen are
to be elected, a distinct ballot shall be printed for each
District. There shall be placed below the names of the
candidates for Mayor (when applicable) another subtitle as
follows: FOR DISTRICT COUNCILMAN. Following this subtitle
there shall be an instruction in this form: VOTE FOR ONE. In
all other respects the ballot shall conform to the applicable
provisions of Sections 4-3-10 and 5-2-13.
To determine the number of nominees who shall be placed on
the ballot under each subtitle at the general municipal
election, the number of officers who will be chosen under each
subtitle shall be multiplied by 2. Only those candidates at
the primary election shall be nominees under each subtitle at
the general municipal election and, where but one officer is
to be elected, the 2 candidates receiving the highest number
of votes shall be placed upon the ballot for the next
succeeding general municipal election. Where 2 councilmen are
to be elected, the 4 candidates receiving the highest number
of votes shall be placed upon the ballot. Where 3 councilmen
are to be elected, the names of the 6 candidates receiving the
highest number of votes shall be placed upon the ballot.
The ballots for the election of officers at the general
municipal election shall be prepared in compliance with
Section 4-3-16, with the following changes:
(1) For elections where candidates for Councilmen at large
are being elected, following the names of candidates for Mayor
(when applicable) there shall be printed a subtitle as
follows: FOR COUNCILMEN AT LARGE. Following this subtitle
there shall be an instruction in this form: (VOTE FOR NOT MORE
THAN....) (Insert number of Councilmen to be elected). The
names of the nominees for Councilmen at large shall follow the
instruction.
(2) For elections where district Councilmen are to be
elected, a distinct ballot shall be printed for each district,
and following the names of the candidates for Mayor (when
applicable) there shall be printed a subtitle as follows: FOR
DISTRICT COUNCILMAN. Following this subtitle there shall be an
instruction in this form: (VOTE FOR ONE) and following this
instruction shall be printed the names of the 2 nominees for
district Councilman.
Vacancies shall be filled as prescribed in Section 5-2-12,
provided that a vacancy in the office of a District Councilman
shall be filled by a person who is an actual resident of the
district in which the vacancy occurs.
(Source: P.A. 95-862, eff. 8-19-08.)
(65 ILCS 5/5-2-19) (from Ch. 24, par. 5-2-19)
Sec. 5-2-19. In any city which was operating under the
alderperson aldermanic form of government as provided in
Article 3 at the time of adoption of this Article 5 which did
not also elect to continue to choose alderpersons aldermen
from wards, the city clerk and city treasurer shall be
nominated and elected in the same manner as provided in this
Article 5 for the nomination and election of the mayor and
councilmen. To achieve this result: wherever the term "mayor
or commissioners" appears in Sections 4-3-7 through 4-3-18, it
shall be construed to include the words "or clerk or
treasurer". The names of candidates for nomination shall be
placed on the primary election ballot prescribed in Section
5-2-13 and such ballot shall be modified to include the
heading "For Clerk--Vote for one" immediately following the
names of candidates for councilmen and to include the heading
"For Treasurer--Vote for one" immediately following the names
of candidates for clerk. The names of the 4 candidates
receiving the highest number of votes for each of the
respective offices shall be placed on the general municipal
election ballot prescribed in Section 5-2-13 which ballot
shall be modified to include such offices and names in the same
manner as is provided in this section for the primary ballot.
If any candidate nominated for the office of clerk or
treasurer dies or withdraws before the general municipal
election the name of the person receiving the fifth highest
number of votes for nomination to that office shall be placed
on the ballot for that election.
However, in any city not exceeding 100,000 inhabitants
which adopts this Article 5 and elects a mayor and
alderpersons aldermen or councilmen as provided in Section
5-2-12, or Sections 5-2-18 through 5-2-18.8, the council may,
in lieu of electing a clerk and treasurer as provided in the
above paragraph, provide by ordinance that the clerk or
treasurer or both for such city be appointed by the mayor with
the approval of the city council. If such officers are
appointed their terms of office, duties, compensation and
amount of bond required shall be the same as if they were
elected.
(Source: P.A. 95-699, eff. 11-9-07.)
(65 ILCS 5/5-3-1) (from Ch. 24, par. 5-3-1)
Sec. 5-3-1. In cities which do not elect to choose
alderpersons aldermen from wards and in cities which elect to
choose councilmen as provided in Sections 5-2-18.1 through
5-2-18.7, the mayor shall have the right to vote on all
questions coming before the council but shall have no power to
veto. The mayor and president shall be recognized as the
official head of the city or village by the courts for the
purpose of serving civil process and by the Governor for all
legal purposes.
The mayor or president of any city or village which adopts
this Article 5, other than one which at the time of adoption
was operating under or adopted the commission form of
government as provided in Article 4 or which does not retain
the election of alderpersons aldermen by wards or trustees by
districts, shall have veto power as provided in Sections 5-3-2
through 5-3-4, and ordinances or measures may be passed over
his veto as therein provided. Such mayor or president shall
have the power to vote as provided in Section 5-3-5.
If any other Acts or any Article of this Code, other than
Article 3 or Article 4, provides for the appointment of a
board, commission, or other agency by the mayor or president,
such appointments shall be made in manner so provided.
(Source: P.A. 100-863, eff. 8-14-18.)
(65 ILCS 5/5-3-3) (from Ch. 24, par. 5-3-3)
Sec. 5-3-3. Every resolution and motion, specified in
Section 5-3-2, and every ordinance, which is returned to the
council or board by the mayor or president shall be
reconsidered by the council or board. If, after such
reconsideration, two-thirds of all the alderpersons aldermen
then holding office on the city council or two-thirds of all
the trustees then holding office on the village board agree to
pass an ordinance, resolution, or motion, notwithstanding the
mayor's or president's refusal to approve it, then it shall be
effective. The vote on the question of passage over the
mayor's or president's veto shall be by yeas and nays, and
shall be recorded in the journal.
(Source: Laws 1967, p. 3425.)
(65 ILCS 5/5-3-4) (from Ch. 24, par. 5-3-4)
Sec. 5-3-4. No vote of the city council or village board
shall be reconsidered or rescinded at a special meeting,
unless there are present at the special meeting as many
alderpersons aldermen or trustees as were present when the
vote was taken.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-3-5) (from Ch. 24, par. 5-3-5)
Sec. 5-3-5. The mayor or president of any city or village
which elects alderpersons aldermen by wards or trustees by
districts shall not vote on any ordinance, resolution or
motion except: (1) where the vote of the alderpersons aldermen
or trustees has resulted in a tie; (or) (2) where one-half of
the alderpersons aldermen or trustees then holding office have
voted in favor of an ordinance, resolution or motion even
though there is no tie vote; or (3) where a vote greater than a
majority of the corporate authorities is required by this Code
to adopt an ordinance, resolution or motion. In each instance
specified, the mayor or president shall vote. The following
mayors and presidents may vote on all questions coming before
the council or board: (1) mayors and presidents of cities and
villages operating under this article and Article 4, and (2)
mayors and presidents of cities and villages which do not
elect alderpersons aldermen by wards and trustees by
districts.
Nothing in this section shall deprive an acting mayor or
president or mayor or president pro tem from voting in his
capacity as alderperson alderman or trustee, but he shall not
be entitled to another vote in his capacity as acting mayor or
president or mayor or president pro tem.
(Source: Laws 1967, p. 3425.)
(65 ILCS 5/5-3-7) (from Ch. 24, par. 5-3-7)
Sec. 5-3-7. The council or board of trustees, as the case
may be, shall appoint a municipal manager, who shall be the
administrative head of the municipal government and who shall
be responsible for the efficient administration of all
departments. He shall be appointed without regard to his
political beliefs and need not be a resident of the city or
village when appointed. The manager shall be appointed for an
indefinite term, and the conditions of the manager's
employment may be set forth in an agreement. In the case of the
absence or disability of the manager, the council or village
board may designate a qualified administrative officer of the
municipality to perform the duties of the manager during such
absence or disability. The manager may at any time be removed
from office by a majority vote of the members of the council or
the board.
The powers and duties of the manager shall be:
(1) To enforce the laws and ordinances within the
municipality;
(2) To appoint and remove all directors of departments. No
appointment shall be made upon any basis other than that of
merit and fitness except that if the chief of the fire
department or the chief of the police department or both of
them are appointed in the manner as provided by ordinance
under Section 10-2.1-4 of this code, they may be removed or
discharged by the appointing authority. In such case the
appointing authority shall file with the corporate authorities
the reasons for such removal or discharge, which removal or
discharge shall not become effective unless confirmed by a
majority vote of the corporate authorities;
(3) To exercise control of all departments and divisions
thereof created in this Article 5, or that may be created by
the council or board of trustees;
(4) If the city or village was subject to the alderperson
aldermanic form provisions of Article 3 at the time of
adoption of this Article 5 to appoint and remove all officers
who are not required to be elected by Article 3;
(5) To have all the powers and exercise all the duties
granted elsewhere in this Code to municipal clerks and
comptrollers with respect to the preparation of a report of
estimated funds necessary to defray the expenses of the city
or village for the fiscal year for the consideration of the
corporate authorities prior to the preparation of the annual
appropriation ordinance;
(6) To attend all meetings of the council or board of
trustees with the right to take part in the discussions, but
with no right to vote;
(7) To recommend to the council or board of trustees for
adoption such measures as he may deem necessary or expedient;
(8) To perform such other duties as may be prescribed by
this Article 5 or may be required of him by ordinance or
resolution of the board of trustees or council.
(Source: P.A. 86-1023; 86-1039.)
(65 ILCS 5/5-3-8) (from Ch. 24, par. 5-3-8)
Sec. 5-3-8. Under the general supervision and
administrative control of the manager, there shall be such
departments as the council or village board may prescribe by
ordinance.
All officers of any city or village shall take and
subscribe the oath required by Section 5-3-9. All such
officers, except the mayor, president, alderpersons aldermen,
councilmen, and trustees, shall execute bonds in the manner
provided by Section 5-3-9, which bonds shall be filed with the
clerk of the council or clerk of the village board.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-4-1) (from Ch. 24, par. 5-4-1)
Sec. 5-4-1. The mayor and councilmen elected under the
provisions of Section 5-2-12 shall each receive for the
performance of their respective duties annual salaries fixed
by the council or village board. The corporate authorities in
cities which retain the election of alderpersons aldermen by
wards and the corporate authorities in villages shall receive
salaries as allowed in Sections 3-13-4 through 3-13-7,
whichever is appropriate.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-4-3) (from Ch. 24, par. 5-4-3)
Sec. 5-4-3. In cities of not less than 100,000 and not more
than 500,000 population which did not also elect to continue
to choose alderpersons aldermen from wards, the city clerk
shall receive a salary of not less than $8,500 per year and the
city treasurer shall receive a salary of not less than $7,000
per year.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
Sec. 5-5-1. Petition for abandonment of managerial form;
referendum; succeeding elections of officers and alderpersons
aldermen or trustees.
(a) A city or village that has operated for 4 years or more
under the managerial form of municipal government may abandon
that organization as provided in this Section. For the
purposes of this Article, the operation of the managerial form
of municipal government shall be deemed to begin on the date of
the appointment of the first manager in the city or village.
When a petition for abandonment signed by electors of the
municipality equal in number to at least 10% of the number of
votes cast for candidates for mayor at the preceding general
quadrennial municipal election is filed with the circuit court
for the county in which that city or village is located, the
court shall set a date not less than 10 nor more than 30 days
thereafter for a hearing on the sufficiency of the petition.
Notice of the filing of the petition and of the date of the
hearing shall be given in writing to the city or village clerk
and to the mayor or village president at least 7 days before
the date of the hearing. If the petition is found sufficient,
the court shall enter an order directing that the proposition
be submitted at an election other than a primary election for
the municipality. The clerk of the court shall certify the
proposition to the proper election authorities for submission.
The proposition shall be in substantially the following form:
Shall (name of city or village) retain the managerial
form of municipal government?
(b) If the majority of the votes at the election are "yes",
then the proposition to abandon is rejected and the
municipality shall continue operating under this Article 5. If
the majority of the votes are "no", then the proposition to
abandon operation under this Article 5 is approved.
(c) If the proposition for abandonment is approved, the
city or village shall become subject to Article 3.1 or Article
4, whichever Article was in force in the city or village
immediately before the adoption of the plan authorized by this
Article 5, upon the election and qualification of officers to
be elected at the next succeeding general municipal election.
Those officers shall be those prescribed by Article 3.1 or
Article 4, as the case may be, but the change shall not in any
manner or degree affect the property rights or liabilities of
the city or village. The mayor, clerk, and treasurer and all
other elected officers of a city or village in office at the
time the proposition for abandonment is approved shall
continue in office until the expiration of the term for which
they were elected.
(d) If a city or village operating under this Article 5 has
alderpersons aldermen or trustees elected from wards or
districts and a proposition to abandon operation under this
Article 5 is approved, then the officers to be elected at the
next succeeding general municipal election shall be elected
from the same wards or districts as exist immediately before
the abandonment.
(e) If a city or village operating under this Article 5 has
a council or village board elected from the municipality at
large and a proposition to abandon operation under this
Article 5 is approved, then the first group of alderpersons
aldermen, board of trustees, or commissioners so elected shall
be of the same number as was provided for in the municipality
at the time of the adoption of a plan under this Article 5,
with the same ward or district boundaries in cities or
villages that immediately before the adoption of this Article
5 had wards or districts, unless the municipal boundaries have
been changed. If there has been such a change, the council or
village board shall so alter the former ward or district
boundaries so as to conform as nearly as possible to the former
division. If the plan authorized by this Article 5 is
abandoned, the next general municipal election for officers
shall be held at the time specified in Section 3.1-10-75 or
3.1-25-15 for that election. The alderpersons aldermen or
trustees elected at that election shall, if the city or
village was operating under Article 3 at the time of adoption
of this Article 5 and had at that time staggered 4 year terms
of office for the alderpersons aldermen or trustees, choose by
lot which shall serve initial 2 year terms as provided by
Section 3.1-20-35 or 3.1-15-5, whichever may be applicable, in
the case of election of those officers at the first election
after a municipality is incorporated.
(f) The proposition to abandon the managerial form of
municipal government shall not be submitted in any city or
village oftener than once in 46 months.
(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
(65 ILCS 5/5-5-5) (from Ch. 24, par. 5-5-5)
Sec. 5-5-5. Any city or village which has adopted this
Article 5 and was operating under Article 4 at the time of such
adoption may upon abandonment of this Article 5 also abandon
operation under Article 4, as provided in Section 4-10-1, and
by so doing shall become subject to the alderperson aldermanic
form provisions of Article 3 and shall be subject to the
provisions of that Article 3 the same as if it had been
operating under Article 3 at the time this Article 5 was
adopted, except for any period of time after abandonment of
this Article 5 necessary to make the provisions of Article 3
fully and completely applicable.
Any city or village which has adopted this Article 5 and
was operating under Article 3 at the time of such adoption may
upon abandonment of this Article 5 also abandon operation
under Article 3 by adopting Article 4, as provided in Sections
4-2-2 through 4-2-9, and by so doing shall become subject to
the provisions of Article 4 and shall be subject to the
provisions of that Article 4 the same as if it had been
operating under Article 4 at the time this Article 5 was
adopted, except for any period of time after abandonment of
this Article 5 necessary to make the provisions of Article 4
fully and completely applicable.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/6-3-2) (from Ch. 24, par. 6-3-2)
Sec. 6-3-2. Termination of terms of office.
The terms of office of all elected municipal officers
holding office at the time of the issuance of the certificate
of adoption of the strong mayor form of government by the
municipality pursuant to Division 2 of this Article 6 shall
terminate upon the election and qualification for office of
municipal officers pursuant to this Division 3 of Article 6,
except that where an existing form of municipal government has
the same number of wards as would be required hereunder, the
alderpersons aldermen holding office at the time of the
issuance of the certificate of adoption shall serve until the
expiration of the terms for which they were elected.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-3) (from Ch. 24, par. 6-3-3)
Sec. 6-3-3. Municipal officers - Terms.
The municipality shall have the following elected
officers: one mayor, one municipal clerk and one municipal
treasurer, all of whom shall be elected at large, and
alderpersons aldermen, the number of which shall be as
follows: In cities not exceeding 25,000 inhabitants, 8
alderpersons aldermen; between 25,001 and 40,000, 10
alderpersons aldermen; between 40,001 and 60,000, 14
alderpersons aldermen; between 60,001 and 80,000, 16
alderpersons aldermen; and exceeding 80,000, 20 alderpersons
aldermen. Two alderpersons aldermen shall be elected to
represent each ward.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-4) (from Ch. 24, par. 6-3-4)
Sec. 6-3-4. Terms of office.
All terms of office of officials elected pursuant to this
Division 3 of Article 6 shall be for terms of 4 years, except
that alderpersons aldermen elected at the first election for
city officers held pursuant to this Article 6 shall draw lots
so that one-half of the alderpersons aldermen shall hold for a
4 year term, and until their successors are elected and
qualified, and one-half of the alderpersons aldermen shall
hold for a 2 year term, and until their successors are elected
and qualified. All alderpersons aldermen thereafter elected
shall hold office for a term of 4 years, and until their
successors are elected and have qualified.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-5) (from Ch. 24, par. 6-3-5)
Sec. 6-3-5. Division into wards.
Every city shall have as many wards as one-half the total
number of alderpersons aldermen to which the city is entitled.
The city council, from time to time shall divide the city into
that number of wards. In the formation of wards the population
of each ward as determined by the latest city, state or
national census shall be as nearly equal and the wards shall be
of as compact and contiguous territory, as practicable.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-6) (from Ch. 24, par. 6-3-6)
Sec. 6-3-6. Redistricting of city. Whenever an official
publication of any national, state, school, or city census
shows that any city contains more or less wards than it is
entitled to, the city council of the city, by ordinance, shall
redistrict the city into as many wards only as the city is
entitled. This redistricting shall be completed not less than
30 days before the first date on which candidate petitions may
be filed for the next succeeding general municipal election.
At this election there shall be elected the number of
alderpersons aldermen to which the city is entitled.
(Source: P.A. 81-1489.)
(65 ILCS 5/6-3-7) (from Ch. 24, par. 6-3-7)
Sec. 6-3-7. Ward division and election of alderpersons
aldermen - Validation.
If, after a census is officially published, any city is
divided into a greater or lesser number of wards and has
elected a greater or lesser number of alderpersons aldermen
than the city is entitled, nevertheless such division and
election shall be valid and all acts, resolutions and
ordinances of the city council of such city, if in other
respects in compliance with law, are valid.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-8) (from Ch. 24, par. 6-3-8)
Sec. 6-3-8. Resignation; vacancy. An alderperson alderman
may resign from his or her office. A vacancy occurs in the
office of alderperson alderman by reason of resignation,
failure to elect or qualify, death, permanent physical or
mental disability, conviction of a disqualifying crime,
abandonment of office, or removal from office. If a vacancy
occurs in the office of alderperson alderman in one of these
ways or otherwise, the vacancy shall be filled as provided in
Sections 3.1-10-50 and 3.1-10-55. An appointment to fill a
vacancy shall be made within 60 days after the vacancy occurs.
The requirement that an appointment be made within 60 days is
an exclusive power and function of the State and is a denial
and limitation under Article VII, Section 6, subsection (h) of
the Illinois Constitution of the power of a home rule
municipality to require that an appointment be made within a
different period after the vacancy occurs.
(Source: P.A. 87-1052; 87-1119; 88-45.)
(65 ILCS 5/6-3-9) (from Ch. 24, par. 6-3-9)
Sec. 6-3-9. Qualifications of mayor, city clerk, city
treasurer and alderpersons aldermen - Eligibility for other
office.
No person shall be eligible to the office of mayor, city
clerk, city treasurer or alderperson alderman:
(1) Unless he is a qualified elector of the municipality
and has resided therein at least one year next preceding his
election or appointment; or
(2) Unless, in the case of alderpersons aldermen, he
resides within the ward for which he is elected; or
(3) If he is in arrears in the payment of any tax or other
indebtedness due to the city; or
(4) If he has been convicted in Illinois state courts or in
courts of the United States of malfeasance in office, bribery,
or other infamous crime.
No alderperson alderman shall be eligible to any office,
except that of acting mayor or mayor pro tem, the salary of
which is payable out of the city treasury, if at the time of
his appointment he is a member of the city council.
(Source: P.A. 76-746.)
(65 ILCS 5/6-3-10) (from Ch. 24, par. 6-3-10)
Sec. 6-3-10. General elections - Time for.
The first general election pursuant to this Division 3 of
Article 6 shall be held at the time the next general municipal
election would have been held had the municipality not adopted
this Article 6. At the first general election so held, one
mayor, one municipal clerk, one municipal treasurer shall be
elected at large and two alderpersons aldermen shall be
elected from each ward.
(Source: P.A. 76-746.)
(65 ILCS 5/6-4-3) (from Ch. 24, par. 6-4-3)
Sec. 6-4-3. Reconsideration - Passage over veto.
Every ordinance, which is returned to the council by the
mayor shall be reconsidered by the council. If, after such
reconsideration, three-fifths of all the alderpersons aldermen
then holding office on the city council agree to pass an
ordinance, resolution, or motion, notwithstanding the mayor's
refusal to approve it, then it shall be effective.
(Source: P.A. 76-746.)
(65 ILCS 5/6-4-4) (from Ch. 24, par. 6-4-4)
Sec. 6-4-4. Vote of city council - Reconsideration.
No vote of the city council shall be reconsidered or
rescinded at a special meeting, unless there are present at
the special meeting as many alderpersons aldermen as were
present when the vote was taken.
(Source: P.A. 76-746.)
(65 ILCS 5/6-5-1) (from Ch. 24, par. 6-5-1)
Sec. 6-5-1. Mayor, clerk, treasurer and alderpersons
aldermen.
The mayor, clerk, treasurer and alderpersons aldermen
elected under the provisions of this Article 6 shall each
receive for the performance of their respective duties annual
salaries fixed by the city council. Such salaries shall not be
increased or decreased during any term of office. They must be
established six months prior to general municipal elections at
which such officials are to be voted on.
(Source: P.A. 76-746.)
(65 ILCS 5/7-1-15) (from Ch. 24, par. 7-1-15)
Sec. 7-1-15. Any municipality may be annexed to another
municipality to which it adjoins, by ordinances passed by a
majority vote of all the alderpersons aldermen, trustees, or
commissioners then holding office in each municipality
desiring annexation. These ordinances shall specify the terms
of the annexation, and they shall be a binding contract if, but
only if:
(1) the annexation provided in these ordinances is
certified by the clerk to the proper election authority who
shall submit the question to a vote of the electors of both
municipalities at an election in accordance with the general
election law; and if
(2) the annexation is approved in each municipality by a
majority of all the voters voting on that question in each
municipality. If the ordinances fail to specify the terms of
annexation or specify only partially the terms of annexation,
the provisions of this article relating to the annexation of
one municipality to another shall apply but not as to any terms
agreed to in the ordinances of annexation.
The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall the municipality of YES
.... be annexed to the municipality ------------------------
of....? NO
-------------------------------------------------------------
Annexation shall neither affect nor impair any rights or
liabilities either in favor of or against either municipality.
Actions founded upon any right or liability may be commenced
despite the annexation and, together with pending actions, may
be prosecuted to final judgment and the enforcement thereof as
if annexation had not taken place.
(Source: P.A. 84-546.)
(65 ILCS 5/7-1-39) (from Ch. 24, par. 7-1-39)
Sec. 7-1-39. After a part of a municipality is annexed to
another municipality, any mayor, president, alderperson
alderman, trustee, clerk, treasurer, or attorney for the
disconnecting municipality, who resides in the detached
territory, shall continue in office as an officer of the
disconnecting municipality until his successor has been
elected at the next regular municipal election in this
municipality and has qualified for office, or has been
appointed and has qualified following this election.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-42) (from Ch. 24, par. 7-1-42)
Sec. 7-1-42. Redistricting after annexation.
(a) If the increase in population resulting from the
annexation of any territory to a city under the alderperson
aldermanic form of government is sufficient to entitle that
city to an increase in the number of alderpersons aldermen as
provided in Section 3.1-20-10, the corporate authorities shall
redistrict the city in accordance with Sections 3.1-20-15 and
3.1-20-25. Section 3.1-20-10 shall govern as to the hold-over
alderpersons aldermen.
(b) If the increase in population is not sufficient to
entitle the city to an increase in the number of alderpersons
aldermen, the corporate authorities shall make the annexed
territory a part of the ward or wards that it adjoins.
(c) If a village of over 25,000 population is divided into
6 districts as provided in Section 3.1-25-75, the corporate
authorities shall make any territory annexed to the village a
part of the districts that the territory adjoins.
(d) Nothing contained in this Section 7-1-42 shall prevent
the corporate authorities of any municipality from
redistricting the municipality according to law. Whenever the
enlarged annexing municipality is redistricted, the corporate
authorities are under no duty to treat the annexed territory
as a unit and they may divide it as if it had always been a
part of the municipality.
(e) The number of inhabitants determined by the last
national, state, or school census in the annexed territory and
in the annexing municipality controls in the application of
this Section.
(Source: P.A. 87-1119.)
(65 ILCS 5/7-2-1) (from Ch. 24, par. 7-2-1)
Sec. 7-2-1. Any 2 or more incorporated contiguous
municipalities wholly or substantially situated in a single
county may be united into one incorporated city by a
compliance with Sections 7-1-16 and 7-1-17, with the following
exceptions:
(1) The petition (a) shall be signed by electors of each of
the municipalities seeking a union, (b) shall state the name
by which the united municipality is to be known, and (c) shall
state the form of municipal government under which the united
municipality is to be governed.
(2) The question shall be in substantially the following
form:
-------------------------------------------------------------
Shall the city, village, or
incorporated town (as the
case may be) of............
and the city, village, or
incorporated town (as the case YES
may be) of..........., (and
in this manner as far as
necessary, filling blanks with
the names of the municipalities
to be united), be united --------------------------
into a single municipality
under the name of..........
with the........... form of
municipal government (filling
the blank with the word NO
"Alderperson" "Aldermanic" or "Commission"
or the words "Managerial With
Alderpersons Aldermen Chosen From Wards Or
Districts" as the case may be)?
-------------------------------------------------------------
No other proposition shall appear thereon.
If the majority of the votes cast in each municipality
specified in the petition is in favor of the proposition, the
municipalities are united.
(Source: P.A. 87-278.)
(65 ILCS 5/7-2-19) (from Ch. 24, par. 7-2-19)
Sec. 7-2-19. Whenever a united city is formed by a
compliance with Section 7-2-1 and the decision is in favor of
an alderperson aldermanic form of municipal government, the
united city shall be governed, after the first election held
in compliance with Section 7-2-7, by a council composed of a
mayor and a board of alderpersons aldermen selected by the
electors of the united city as provided by the provisions of
this Code relating to the election of city officers, except
that all elections in a united city are controlled by the City
Election Law as provided in Section 7-2-6.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-2-28) (from Ch. 24, par. 7-2-28)
Sec. 7-2-28. Whenever a united city is formed by a
compliance with Section 7-2-1 of municipal government with
alderpersons aldermen chosen from wards or districts, the
united city shall be and the decision is in favor of a
managerial form governed, after the first election held in
compliance with Section 7-2-7, by a council composed of a
mayor and a board of alderpersons aldermen selected by the
electors of the united city as provided by the provisions of
this Code relating to the election of city officers, except
all elections in a united city are controlled by the City
Election Law as provided in Section 7-2-6, and by a municipal
manager appointed by the council as provided in Article 5.
(Source: Laws 1965, p. 1267.)
(65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
Sec. 8-9-1. In municipalities of less than 500,000 except
as otherwise provided in Articles 4 and 5 any work or other
public improvement which is not to be paid for in whole or in
part by special assessment or special taxation, when the
expense thereof will exceed $25,000, shall be constructed
either (1) by a contract let to the lowest responsible bidder
after advertising for bids, in the manner prescribed by
ordinance, except that any such contract may be entered into
by the proper officers without advertising for bids, if
authorized by a vote of two-thirds of all the alderpersons
aldermen or trustees then holding office; or (2) in the
following manner, if authorized by a vote of two-thirds of all
the alderpersons aldermen or trustees then holding office,
to-wit: the commissioner of public works or other proper
officers to be designated by ordinance, shall superintend and
cause to be carried out the construction of the work or other
public improvement and shall employ exclusively for the
performance of all manual labor thereon, laborers and artisans
whom the municipality shall pay by the day or hour; and all
material of the value of $25,000 and upward used in the
construction of the work or other public improvement, shall be
purchased by contract let to the lowest responsible bidder in
the manner to be prescribed by ordinance. However, nothing
contained in this section shall apply to any contract by a
city, village or incorporated town with the federal government
or any agency thereof.
In every city which has adopted Division 1 of Article 10,
every such laborer or artisan shall be certified by the civil
service commission to the commissioner of public works or
other proper officers, in accordance with the requirement of
that division.
In municipalities of 500,000 or more population the
letting of contracts for work or other public improvements of
the character described in this section shall be governed by
the provisions of Division 10 of this Article 8.
(Source: P.A. 100-338, eff. 8-25-17.)
(65 ILCS 5/10-1-30) (from Ch. 24, par. 10-1-30)
Sec. 10-1-30. No officer or employee in the service of
such municipality shall, directly or indirectly, give or hand
over to any officer or employee in such service, or to any
senator or representative or alderperson alderman, councilman,
trustee or commissioner, any money or other valuable thing, on
account of or to be applied to the promotion of any party or
political object whatever.
(Source: Laws 1961, p. 3252.)
(65 ILCS 5/10-3-5) (from Ch. 24, par. 10-3-5)
Sec. 10-3-5. Any mayor, president, commissioner,
alderperson alderman, or trustee, who violates the provisions
of Section 10-3-3, is guilty of a Class B misdemeanor.
(Source: P.A. 77-2500.)
(65 ILCS 5/11-13-1.1) (from Ch. 24, par. 11-13-1.1)
Sec. 11-13-1.1. The corporate authorities of any
municipality may in its ordinances passed under the authority
of this Division 13 provide for the classification of special
uses. Such uses may include but are not limited to public and
quasi-public uses affected with the public interest, uses
which may have a unique, special or unusual impact upon the use
or enjoyment of neighboring property, and planned
developments. A use may be a permitted use in one or more
zoning districts, and a special use in one or more other zoning
districts. A special use shall be permitted only after a
public hearing before some commission or committee designated
by the corporate authorities, with prior notice thereof given
in the manner as provided in Section 11-13-6 and 11-13-7. Any
notice required by this Section need not include a metes and
bounds legal description of the area classified for special
uses, provided that the notice includes: (i) the common street
address or addresses and (ii) the property index number
("PIN") or numbers of all the parcels of real property
contained in the area classified for special uses. A special
use shall be permitted only upon evidence that such use meets
standards established for such classification in the
ordinances, and the granting of permission therefor may be
subject to conditions reasonably necessary to meet such
standards. In addition, any proposed special use which fails
to receive the approval of the commission or committee
designated by the corporate authorities to hold the public
hearing shall not be approved by the corporate authorities
except by a favorable majority vote of all alderpersons
aldermen, commissioners or trustees of the municipality then
holding office; however, the corporate authorities may by
ordinance increase the vote requirement to two-thirds of all
alderpersons aldermen, commissioners or trustees of the
municipality then holding office.
(Source: P.A. 97-336, eff. 8-12-11.)
(65 ILCS 5/11-13-10) (from Ch. 24, par. 11-13-10)
Sec. 11-13-10. In municipalities of less than 500,000
population, where a variation is to be made by ordinance, upon
the report of the board of appeals, the corporate authorities,
by ordinance, without further public hearing, may adopt any
proposed variation or may refer it back to the board for
further consideration, and any proposed variation which fails
to receive the approval of the board of appeals shall not be
passed except by the favorable vote of two-thirds of all
alderpersons aldermen or trustees of the municipality.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
Sec. 11-13-14. The regulations imposed and the districts
created under the authority of this Division 13 may be amended
from time to time by ordinance after the ordinance
establishing them has gone into effect, but no such amendments
shall be made without a hearing before some commission or
committee designated by the corporate authorities. Notice
shall be given of the time and place of the hearing, not more
than 30 nor less than 15 days before the hearing, by publishing
a notice thereof at least once in one or more newspapers
published in the municipality, or, if no newspaper is
published therein, then in one or more newspapers with a
general circulation within the municipality. In municipalities
with less than 500 population in which no newspaper is
published, publication may be made instead by posting a notice
in 3 prominent places within municipality. In case of a
written protest against any proposed amendment of the
regulations or districts, signed and acknowledged by the
owners of 20% of the frontage proposed to be altered, or by the
owners of 20% of the frontage immediately adjoining or across
an alley therefrom, or by the owners of the 20% of the frontage
directly opposite the frontage proposed to be altered, is
filed with the clerk of the municipality, the amendment shall
not be passed except by a favorable vote of two-thirds of the
alderpersons aldermen or trustees of the municipality then
holding office. In such cases, a copy of the written protest
shall be served by the protestor or protestors on the
applicant for the proposed amendments and a copy upon the
applicant's attorney, if any, by certified mail at the address
of such applicant and attorney shown in the application for
the proposed amendment. Any notice required by this Section
need not include a metes and bounds legal description,
provided that the notice includes: (i) the common street
address or addresses and (ii) the property index number
("PIN") or numbers of all the parcels of real property
contained in the affected area.
(Source: P.A. 97-336, eff. 8-12-11.)
(65 ILCS 5/11-13-14.1) (from Ch. 24, par. 11-13-14.1)
Sec. 11-13-14.1. Notwithstanding any other provision to
the contrary in this Division 13:
(A) The corporate authorities of any municipality may by
ordinance establish the position of hearing officer and
delegate to a hearing officer the authority to: (i) conduct
any public hearing -- other than a public hearing provided for
in Section 11-13-2 -- required to be held under this Division
13 in connection with applications for any special use,
variation, amendment or other change or modification in any
ordinance of the municipality adopted pursuant to this
Division 13; and (ii) hear and decide appeals from and review
any order, requirement, decision or determination made by an
administrative official charged with the enforcement of any
ordinance adopted pursuant to this Division 13.
(B) When a hearing officer is designated to conduct a
public hearing in a matter otherwise required to be heard in
accordance with this Division 13 by some commission or
committee designated by the corporate authorities of the
municipality: (i) notice of such hearing shall be given in the
same time and manner as is provided by this Division 13 for the
giving of notice of hearing when any such matter is to be heard
by some commission or committee designated by the corporate
authorities; (ii) the hearing officer shall exercise and
perform the same powers and duties as such commission or
committee is required to exercise and perform when conducting
a public hearing in any such matter; and (iii) the hearing
officer shall render a written recommendation to the corporate
authorities within such time and in such manner and form as the
corporate authorities shall require.
(C) When a hearing officer is designated to conduct a
public hearing in a matter otherwise required to be heard in
accordance with this Division 13 by the board of appeals, or
when a hearing officer is designated to hear and decide
appeals from and review any order, requirement, decision or
determination made by an administrative official charged with
the enforcement of any ordinance adopted pursuant to this
Division 13: (i) notice of hearing shall be given in the same
time and manner as is provided by this Division 13 for the
giving of notice of hearing when any such matter is to be heard
by the board of appeals; (ii) the hearing officer in passing
upon and determining any matter otherwise within the
jurisdiction of the board of appeals shall be governed by all
of the standards, rules and conditions imposed by this
Division 13 to govern the board of appeals when it passes upon
and determines any such matter; and (iii) the hearing officer
shall exercise and perform all of the powers and duties of the
board of appeals in the same manner and to the same effect as
provided in this Division 13 with respect to the board of
appeals, provided that:
1. When the hearing officer is passing upon an application
for variation or special use and the power to determine and
approve such variation or special use is reserved to the
corporate authorities, then upon report of the hearing officer
the corporate authorities may by ordinance without further
public hearing adopt any proposed variation or special use or
may refer it back to the hearing officer for further
consideration, and any proposed variation or special use which
fails to receive the approval of the hearing officer shall not
be passed except by the favorable vote of 2/3 of all
alderperson alderman or trustees of the municipality;
2. When the hearing officer is passing upon an application
for variation or special use and the power to determine and
approve such variation or special use is not reserved to the
corporate authorities, or when the hearing officer is hearing
and deciding appeals from or reviewing any order, requirement,
decision or determination made by an administrative official
charged with the enforcement of any ordinance adopted pursuant
to this Division 13, the determination made by the hearing
officer with respect to any such matter shall constitute a
final administrative decision which is subject to judicial
review pursuant to the provisions of the "Administrative
Review Law", as now or hereafter amended.
(D) The corporate authorities of the municipality may
provide general or specific rules implementing but not
inconsistent with the provisions of this Section, including
rules relative to the time and manner in which hearing
officers are designated to conduct public hearings and rules
governing the manner in which such hearings are conducted and
matters heard therein passed upon and determined.
(E) Hearing officers shall be appointed on the basis of
training and experience which qualifies them to conduct
hearings, make recommendations or findings of fact and
conclusions on the matters heard and otherwise exercise and
perform the powers, duties and functions delegated in
accordance with this Section. Hearing officers shall receive
such compensation as the corporate authorities of the
municipality shall provide, and any municipality may establish
a schedule of fees to defray the costs of providing a hearing
officer.
(F) This Section is intended to furnish an alternative or
supplemental procedure which a municipality in its discretion
may provide for hearing, determining, reviewing and deciding
matters which arise under any ordinance adopted by the
municipality pursuant to this Division 13, but nothing in this
Section shall be deemed to limit or prevent the use of any
existing procedure available to a municipality under this
Division 13 for hearing, approving or denying applications for
a special use, variation, amendment or other change or
modification of any such ordinance, or for hearing and
deciding appeals from and reviewing any order, requirement,
decision or determination made by an administrative official
charged with the enforcement of any such ordinance.
(Source: P.A. 84-960.)
(65 ILCS 5/11-80-5) (from Ch. 24, par. 11-80-5)
Sec. 11-80-5. The corporate authorities of each
municipality, with the concurrence of two-thirds of all of the
alderpersons aldermen, trustees or commissioners elected
therein, may levy and collect annually, in addition to all
other taxes now authorized by law, a tax of not to exceed .05%
of the value, as equalized or assessed by the Department of
Revenue, of the taxable property in the municipality, to be
used exclusively for the purpose of lighting streets. The tax
authorized by this Section is in addition to taxes for general
corporate purposes authorized by Section 8-3-1.
The foregoing tax rate limitation, insofar as it is
applicable to municipalities of less than 500,000 population,
may be increased or decreased under the referendum provisions
of the General Revenue Law of Illinois.
(Source: P.A. 86-280.)
(65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1)
Sec. 11-91-1. Whenever the corporate authorities of any
municipality, whether incorporated by special act or under any
general law, determine that the public interest will be
subserved by vacating any street or alley, or part thereof,
within their jurisdiction in any incorporated area, they may
vacate that street or alley, or part thereof, by an ordinance.
The ordinance shall provide the legal description or permanent
index number of the particular parcel or parcels of property
acquiring title to the vacated property. But this ordinance
shall be passed by the affirmative vote of at least
three-fourths of the alderpersons aldermen, trustees or
commissioners then holding office. This vote shall be taken by
ayes and noes and entered on the records of the corporate
authorities.
No ordinance shall be passed vacating any street or alley
under a municipality's jurisdiction and within an
unincorporated area without notice thereof and a hearing
thereon. At least 15 days prior to such a hearing, notice of
its time, place and subject matter shall be published in a
newspaper of general circulation within the unincorporated
area which the street or alley proposed for vacation serves.
At the hearing all interested persons shall be heard
concerning the proposal for vacation.
The ordinance may provide that it shall not become
effective until the owners of all property or the owner or
owners of a particular parcel or parcels of property abutting
upon the street or alley, or part thereof so vacated, shall pay
compensation in an amount which, in the judgment of the
corporate authorities, shall be the fair market value of the
property acquired or of the benefits which will accrue to them
by reason of that vacation, and if there are any public service
facilities in such street or alley, or part thereof, the
ordinance shall also reserve to the municipality or to the
public utility, as the case may be, owning such facilities,
such property, rights of way and easements as, in the judgment
of the corporate authorities, are necessary or desirable for
continuing public service by means of those facilities and for
the maintenance, renewal and reconstruction thereof. If the
ordinance provides that only the owner or owners of one
particular parcel of abutting property shall make payment,
then the owner or owners of the particular parcel shall
acquire title to the entire vacated street or alley, or the
part thereof vacated.
The determination of the corporate authorities that the
nature and extent of the public use or public interest to be
subserved in such as to warrant the vacation of any street or
alley, or part thereof, is conclusive, and the passage of such
an ordinance is sufficient evidence of that determination,
whether so recited in the ordinance or not. The relief to the
public from further burden and responsibility of maintaining
any street or alley, or part thereof, constitutes a public use
or public interest authorizing the vacation.
When property is damaged by the vacation or closing of any
street or alley, the damage shall be ascertained and paid as
provided by law.
(Source: P.A. 93-383, eff. 7-25-03; 93-703, eff. 7-9-04.)
(65 ILCS 5/11-101-2) (from Ch. 24, par. 11-101-2)
Sec. 11-101-2. Whenever the corporate authorities of any
municipality have established an airport outside the corporate
limits of the municipality and have determined that it is
essential to the proper and safe construction and maintenance
of such airport to vacate any roads, highways, streets,
alleys, or parts thereof in unincorporated territory lying
within the airport area or any enlargement thereof, and have
determined that the public interest will be subserved by such
vacation, they may vacate such roads, highways, streets,
alleys, or parts thereof, by an ordinance. Provided however,
that such municipality shall have first acquired the land on
both sides of such roads, highways, streets, alleys, or parts
thereof; provided, also, that in the case of a road, highway,
street or alley or part thereof, under the jurisdiction of the
Department of Transportation, the consent of the Department
shall be obtained before the ordinance shall become effective.
Such ordinance shall be passed by the affirmative vote of at
least 3/4 of all alderpersons aldermen, trustees or
commissioners authorized by law to be elected. Such vacation
shall be effective upon passage of the ordinance and recording
of a certified copy thereof with the recorder of the county
within which the roads, highways, streets, alleys, or parts
thereof are situated.
(Source: P.A. 83-358.)
Section 40. The Revised Cities and Villages Act of 1941 is
amended by changing the heading of Article prec. Sec. 21-22
and Sections 21-5.1, 21-7, 21-12, 21-14, 21-22, 21-23, 21-24,
21-25, 21-26, 21-27, 21-28, 21-29, 21-30, 21-32, 21-33, 21-34,
21-38, 21-39, 21-40, and 21-41 as follows:
(65 ILCS 20/21-5.1) (from Ch. 24, par. 21-5.1)
Sec. 21-5.1. Vice Mayor - Election - Duties -
Compensation.) Following election and qualification of
alderpersons aldermen at a general election as provided by
Section 21-22 of this Act, the City Council shall elect, from
among its members, a Vice Mayor, to serve as interim Mayor of
Chicago in the event that a vacancy occurs in the office of
Mayor or in the event that the Council determines, by 3/5 vote,
that the Mayor is under a permanent or protracted disability
caused by illness or injury which renders the Mayor unable to
serve. The Vice Mayor shall serve as interim Mayor. He will
serve until the City Council shall elect one of its members
acting Mayor or until the mayoral term expires.
The Vice Mayor shall receive no compensation as such, but
shall receive compensation as an alderperson alderman even
while serving as interim Mayor. While serving as interim
Mayor, the Vice Mayor shall possess all rights and powers and
shall perform the duties of Mayor.
(Source: P.A. 80-308.)
(65 ILCS 20/21-7) (from Ch. 24, par. 21-7)
Sec. 21-7. Compensation of officers.
The compensation of all officers shall be by salary. No
officer shall be allowed any fees, perquisites or emoluments
or any reward or compensation aside from his salary, but all
fees and earnings of his office or department shall be paid by
him into the city treasury. The city council shall fix the
salaries of all officers, except those who are elected or
appointed for a definite term fixed by statute, in the annual
appropriation ordinance and those salaries shall not be
altered during the same fiscal year. The city council, by
ordinance other than the appropriation ordinance, shall fix
the compensation of each officer who is elected or appointed
for a definite term fixed by statute and his salary shall not
be increased or diminished during his term of office. The
chairman of the finance committee of the city council shall
receive in addition to his or her salary as an alderperson
alderman such additional compensation, not exceeding $3,500.00
per annum, as may be provided in the annual appropriation
ordinance for his or her services as chairman of said
committee.
(Source: Laws 1947, p. 497.)
(65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
Sec. 21-12. City clerk and city treasurer; election;
tenure. At the time of election of the mayor there shall be
elected also in a nonpartisan election a city clerk and a city
treasurer. The candidates receiving a majority of the votes
cast for clerk and treasurer at the consolidated primary
election shall be declared the clerk and treasurer. If no
candidate receives a majority of the votes for one of the
offices, a runoff election shall be held at the consolidated
election, when only the names of the candidates receiving the
highest and second highest number of votes for that office at
the consolidated primary election shall appear on the ballot.
If more than one candidate received the highest or second
highest number of votes for one of the offices at the
consolidated primary election, the names of all candidates
receiving the highest and second highest number of votes for
that office shall appear on the ballot at the consolidated
election. The candidate receiving the highest number of votes
at the consolidated election shall be declared elected.
The clerk and treasurer each shall hold office for a term
of 4 years beginning at noon on the third Monday in May
following the election and until a successor is elected and
qualified. No person, however, shall be elected to the office
of city treasurer for 2 terms in succession unless the city, by
ordinance, establishes different succession terms.
(Source: P.A. 98-115, eff. 7-29-13.)
(65 ILCS 20/21-14) (from Ch. 24, par. 21-14)
Sec. 21-14. Member residency before election; member not
to hold other office.
(a) No member may be elected or appointed to the city
council after the effective date of this amendatory Act of the
93rd General Assembly unless he or she has resided in the ward
he or she seeks to represent at least one year next preceding
the date of the election or appointment. In the election
following redistricting, a candidate for alderperson alderman
may be elected from any ward containing a part of the ward in
which he or she resided for at least one year next preceding
the election that follows the redistricting, and, if elected,
that person may be reelected from the new ward he or she
represents if he or she resides in that ward for at least one
year next preceding the reelection.
(b) No member of the city council shall at the same time
hold any other civil service office under the federal, state
or city government, except if such member is granted a leave of
absence from such civil service office, or except in the
National Guard, or as a notary public, and except such
honorary offices as go by appointment without compensation.
(Source: P.A. 93-847, eff. 7-30-04.)
(65 ILCS 20/prec. Sec. 21-22 heading)
ELECTION OF ALDERPERSONS ALDERMEN
(65 ILCS 20/21-22) (from Ch. 24, par. 21-22)
Sec. 21-22. General election for alderpersons aldermen;
vacancies.
(a) A general election for alderpersons aldermen shall be
held in the year 1943 and every 4 years thereafter, at which
one alderperson alderman shall be elected from each of the 50
wards provided for by this Article. The alderpersons aldermen
elected shall serve for a term of 4 years beginning at noon on
the third Monday in May following the election of city
officers, and until their successors are elected and have
qualified. All elections for alderpersons aldermen shall be in
accordance with the provisions of law in force and operative
in the City of Chicago for such elections at the time the
elections are held.
(b) Vacancies occurring in the office of alderperson
alderman shall be filled in the manner prescribed for filling
vacancies in Section 3.1-10-51 of the Illinois Municipal Code.
An appointment to fill a vacancy shall be made within 60 days
after the vacancy occurs. The requirement that an appointment
be made within 60 days is an exclusive power and function of
the State and is a denial and limitation under Article VII,
Section 6, subsection (h) of the Illinois Constitution of the
power of a home rule municipality to require that an
appointment be made within a different period after the
vacancy occurs.
(Source: P.A. 95-1041, eff. 3-25-09.)
(65 ILCS 20/21-23) (from Ch. 24, par. 21-23)
Sec. 21-23. Salaries of alderpersons aldermen.
The alderpersons aldermen in office when this article is
adopted and the alderpersons aldermen elected under the
provisions of this article may receive for their services such
compensation as shall be fixed by ordinance, at the rate of not
to exceed eight thousand dollars per annum for each
alderperson alderman.
(Source: Laws 1953, p. 1781.)
(65 ILCS 20/21-24) (from Ch. 24, par. 21-24)
Sec. 21-24. Application - Recall elections. The provisions
of this Article shall apply to all elections for alderpersons
aldermen in the city of Chicago. The name of no person shall be
printed upon the official ballot as a candidate for
alderperson alderman, unless the terms of this Article shall
have been complied with. If recall elections are provided for,
to be held within the city of Chicago, the provisions of this
Article shall apply to such elections, except to the extent
that provisions inconsistent herewith are made by the law
providing for such recall elections.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-25) (from Ch. 24, par. 21-25)
Sec. 21-25. Times for elections.) General elections for
alderpersons aldermen shall be held in the year or years fixed
by law for holding the same, on the last Tuesday of February of
such year. Any supplementary election for alderpersons
aldermen held under the provisions of this article shall be
held on the first Tuesday of April next following the holding
of such general aldermanic election of alderpersons.
(Source: P.A. 80-1469.)
(65 ILCS 20/21-26) (from Ch. 24, par. 21-26)
Sec. 21-26. Candidates receiving majority elected -
Supplementary elections.
The candidate receiving a majority of the votes cast for
alderperson alderman in each ward at any general or special
election shall be declared elected. In the event that no
candidate receives a majority of such votes in any ward or
wards a supplementary election shall be held at the time
prescribed in Section 21-25. At such supplementary election
the names of the candidates in each of such wards receiving the
highest and second highest number of votes at the preceding
general or special election and no others shall be placed on
the official ballot: Provided, however, that if there be any
candidate who, under the provisions of this Section would have
been entitled to a place on the ballot at the supplementary
election except for the fact that some other candidate
received an equal number of votes, then all such candidates
receiving such equal number of votes shall have their names
printed on the ballot as candidates at such succeeding
supplementary election. The candidate receiving the highest
number of votes at such supplementary election shall be
declared elected. Such supplementary election shall be deemed
a special election under the election and ballot laws in force
in the city of Chicago and shall be governed thereby except in
so far as such laws are inconsistent with the provisions of
this article.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-27) (from Ch. 24, par. 21-27)
Sec. 21-27. Election contest-Complaint. Any candidate
whose name appears on the ballots used in any ward of the city
at any election for alderperson alderman, may contest the
election of the candidate who appears to be elected from such
ward on the face of the returns, or may contest the right of
the candidates who appear to have received the highest and
second highest number of votes to places on the official
ballot at any supplementary election, by filing within 5 days
after such election with the Clerk of the Circuit Court of Cook
County, a complaint in writing, verified by the candidate
making the contest, setting forth the grounds of the contest.
The contestant in each contest shall also serve notice on all
persons who were candidates for alderperson alderman of such
ward at the election, within such 5 days, informing them that
such complaint has been or will be filed. The Circuit Court of
Cook County shall have jurisdiction to hear and determine such
contest. All proceedings in relation to such contest after the
filing of such complaint shall be the same, as near as may be,
as provided for in the case of a contest at a primary election
in such city. In case the court shall decide that the complaint
is insufficient in law, or that the candidate who appears to
have been elected on the face of the return has been duly
elected, the complaint shall be dismissed. If it shall appear
to the satisfaction of the court that the face of the returns
are not correct, and that the candidate who appears thereby to
have been elected was not in fact elected, then the candidates
having the highest and second highest number of votes as
determined by such contest shall be candidates at the
subsequent supplementary election as provided for in section
21-26.
(Source: P.A. 83-334.)
(65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
Sec. 21-28. Nomination by petition.
(a) All nominations for alderperson alderman of any ward
in the city shall be by petition. Each petition for nomination
of a candidate shall be signed by at least 473 legal voters of
the ward.
(b) All nominations for mayor, city clerk, and city
treasurer in the city shall be by petition. Each petition for
nomination of a candidate must be signed by at least 12,500
legal voters of the city.
(c) All such petitions, and procedure with respect
thereto, shall conform in other respects to the provisions of
the election and ballot laws then in force in the city of
Chicago concerning the nomination of independent candidates
for public office by petition. The method of nomination herein
provided is exclusive of and replaces all other methods
heretofore provided by law.
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
(65 ILCS 20/21-29) (from Ch. 24, par. 21-29)
Sec. 21-29. Withdrawals and substitution of candidates.
Any candidate for alderperson alderman under the
provisions of this article may withdraw his name as a
candidate by filing with the board of election commissioners
of the city of Chicago not later than the date of certification
of the ballot his written request signed by him and duly
acknowledged before an officer qualified to take
acknowledgements of deeds, whereupon his name shall not be
printed as a candidate upon the official ballot.
If any candidate at an aldermanic election of alderpersons
who was not elected as provided for in this article but who
shall have received sufficient votes to entitle him to a place
on the official ballot at the ensuing supplementary election
shall die or withdraw his candidacy before such supplementary
election, the name of the candidate who shall receive the next
highest number of votes shall be printed on the ballot in lieu
of the name of the candidate who shall have died or withdrawn
his candidacy.
(Source: P.A. 96-1008, eff. 7-6-10.)
(65 ILCS 20/21-30) (from Ch. 24, par. 21-30)
Sec. 21-30. Form of ballot. Ballots to be used at any
general, supplementary or special election for alderpersons
aldermen held under the provisions of this Article, in
addition to other requirements of law, shall conform to the
following requirements:
(1) At the top of the ballots shall be printed in
capital letters the words designating the ballot. If a
general aldermanic election of alderpersons the words
shall be "Official aldermanic election of alderpersons
ballot"; if a supplementary election the designating words
shall be "Official supplementary aldermanic election of
alderpersons ballot"; if a special aldermanic election of
alderpersons, the words shall be "Special aldermanic
election of alderpersons ballot."
(2) Beginning not less than one inch below such
designating words and extending across the face of the
ballot, the title of each office to be filled shall be
printed in capital letters.
(3) The names of candidates for different terms of
service therein (if any there be), shall be arranged and
printed in groups according to the length of such terms.
(4) Immediately below the title of each office or
group heading indicating the term of office, shall be
printed in small letters the directions to voters, "Vote
for one."
(5) Following thereupon shall be printed the names of
the candidates for such office according to the title and
the term thereof and below the name of each candidate
shall be printed his place of residence, stating the
street and number (if any). The names of candidates shall
be printed in capital letters not less than one-eighth nor
more than one-quarter of an inch in height, and
immediately at the left of the name of each candidate
shall be printed a square, the sides of which shall not be
less than one-quarter of an inch in length. The names of
all the candidates for each office shall be printed in a
column and arranged in the order hereinafter designated;
all names of candidates shall be printed in uniform type;
the places of residence of such candidates shall be
printed in uniform type; and squares upon said ballots
shall be of uniform size; and spaces between the names of
the candidates for the same office shall be of uniform
size.
(6) The names of the candidates for alderperson
alderman shall appear upon the ballot in the order in
which petitions for nomination have been filed in the
office of the board of election commissioners. However, 2
or more petitions filed within the last hour of the filing
deadline shall be deemed filed simultaneously. Where 2 or
more petitions are received simultaneously, the board of
election commissioners shall break ties and determine the
order of filing by means of a lottery or other fair and
impartial method of random selection approved by the board
of election commissioners. Such lottery shall be conducted
within 9 days following the last day for petition filing
and shall be open to the public. Seven days written notice
of the time and place of conducting such random selection
shall be given, by the board of election commissioners, to
the Chairman of each political party and to each
organization of citizens within the city which was
entitled, under the Election Code, at the next preceding
election, to have pollwatchers present on the day of
election. The board of election commissioners shall post
in a conspicuous, open and public place, at the entrance
of the office, notice of the time and place of such
lottery. The board of election commissioners shall adopt
rules and regulations governing the procedures for the
conduct of such lottery.
(Source: P.A. 98-115, eff. 7-29-13.)
(65 ILCS 20/21-32) (from Ch. 24, par. 21-32)
Sec. 21-32. Party designations prohibited - Ballot to be
separate from other ballots. No party name, party initial,
party circle platform, principle, appellation or
distinguishing mark of any kind shall be printed upon any
election ballot used at any election for mayor, city clerk,
city treasurer, or alderperson alderman held under the
provisions of this Article.
(Source: P.A. 98-115, eff. 7-29-13.)
(65 ILCS 20/21-33) (from Ch. 24, par. 21-33)
Sec. 21-33. Challengers and watchers.
Any candidate for alderperson alderman under the terms of
this article may appoint in writing over his signature not
more than one representative for each place of voting, who
shall have the right to act as challenger and watcher for such
candidate at any election at which his name is being voted
upon. Such challenger and watcher shall have the same powers
and privileges as a challenger and watcher under the election
laws of this State applicable to Chicago. No political party
shall have the right to keep any challenger or watcher at any
polling place at any election held under the provisions of
this article unless candidates for some office other than
alderperson alderman are to be voted for at the same time.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-34) (from Ch. 24, par. 21-34)
Sec. 21-34. Certificate of election.
No certificate of election shall be given to any candidate
who shall be declared elected at any general aldermanic
election of alderpersons until after the date fixed by this
Article for the holding of the supplementary election provided
for in this Article.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-38) (from Ch. 24, par. 21-38)
Sec. 21-38. Redistricting every ten years.
If the city council has not redistricted the city of
Chicago since the taking of the national census of 1940, then
within three months after the adoption of this article by the
voters it shall be the duty of the city council to pass an
ordinance redistricting the city into fifty wards in
accordance with the provisions of this article.
On or before the first day of December, of the year
following the year in which the national census is taken, and
every ten years thereafter, the city council shall by
ordinance redistrict the city on the basis of the national
census of the preceding year. All elections of alderpersons
aldermen shall be held from the existing wards until a
redistricting is had as provided for in this article.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-39) (from Ch. 24, par. 21-39)
Sec. 21-39. When redistricting ordinance takes effect -
Substitute ordinance may be submitted. No such redistricting
ordinance shall take effect until the expiration of 15 days
after its passage. If within such 15 days 1/5 or more of the
alderpersons aldermen elected, who did not vote to pass such
redistricting ordinance, file with the city clerk a proposed
substitute ordinance redistricting the city in accordance with
the provisions of this article, together with a petition
signed by them demanding that the question of the adoption of
the redistricting ordinance passed by the city council,
together with the question of the adoption of such substitute
ordinance, be submitted to the voters, then such redistricting
ordinance passed by the city council shall not go into effect
until the question of this adoption shall have been submitted
to a popular vote: Provided, that no alderperson alderman
shall have the right to sign more than one such petition. Upon
the expiration of such 15 days the city clerk shall promptly
certify to the board of election commissioners of the city of
Chicago, the ordinance passed by the city council and such
substitute ordinance or ordinances and petition or petitions,
and it shall thereupon be the duty of the board of election
commissioners to submit the ordinances so certified to a
popular vote at the next general or municipal election, to be
held in and for the entire city not less than 40 days after the
passage of such redistricting ordinance by the city council.
(Source: P.A. 81-1489.)
(65 ILCS 20/21-40) (from Ch. 24, par. 21-40)
Sec. 21-40. Failure of council to act - One-fifth of the
alderpersons aldermen may submit redistricting ordinance.
If the city council shall fail at any time to pass a
redistricting ordinance as required in this article, one-fifth
or more of the alderpersons aldermen elected shall have the
right to file with the city clerk, not less than 40 days before
the date of holding any general, municipal, or special
election, to be held in and for the entire city, an ordinance
redistricting the city in accordance with the provisions of
this article, together with a petition signed by them
demanding that such ordinance be submitted to the legal voters
at the next such election in and for the entire city to be held
not less than 40 days after the filing of such ordinance and
petition: Provided, that no alderperson alderman shall have
the right to sign more than one such petition. Upon the
expiration of the time for filing any such ordinance the city
clerk shall promptly certify to the board of election
commissioners of the city of Chicago any ordinance or
ordinances, together with any petition or petitions, so filed
and thereupon it shall be the duty of the board of election
commissioners to submit such ordinance or ordinances to a
popular vote at the election specified in such petition or
petitions: Provided, that if, after the filing of any such
ordinance and petition and not less than 40 days prior to such
election, the city council shall pass an ordinance
redistricting the city, then the question of the adoption of
any ordinance or ordinances filed with the city clerk in
accordance with the provisions of this section shall not be
submitted to a popular vote. However, after such action by the
city council, a substitute ordinance or ordinances may be
proposed in the manner provided in this article.
(Source: Laws 1941, vol. 2, p. 19.)
(65 ILCS 20/21-41) (from Ch. 24, par. 21-41)
Sec. 21-41. Redistricting ordinance submitted - Form of
ballot.
If the question of the adoption of one of two or more
redistricting ordinances is submitted to the voters at any
election, the ballots used for the submission of such
proposition shall, in addition to the other requirements of
law, conform substantially to the following requirements:
1. Above the propositions submitted the following words
shall be printed in capital letters:
"PROPOSITIONS FOR THE REDISTRICTING OF THE CITY OF
CHICAGO."
2. Immediately below said words shall be printed in small
letters the direction to voters:
"Vote for One."
3. Following thereupon shall be printed each proposition
to be voted upon in substantially the following form:
-------------------------------------------------------------
For the adoption of an ordinance for the redistricting
of the City of Chicago (here insert "passed by the city
council" or "proposed by Alderpersons Aldermen (here
insert names of the alderpersons aldermen signing
petition)" as the case may require.
-------------------------------------------------------------
For the adoption of an ordinance for the redistricting
of the City of Chicago proposed by Alderpersons Aldermen
(here insert names of the alderpersons aldermen signing
the petition).
-------------------------------------------------------------
Whenever the question of the adoption of but one
redistricting ordinance shall be submitted to the voters, the
form of the ballot shall be substantially as follows:
-------------------------------------------------------------
Shall the ordinance proposed by Alderpersons Aldermen
(Here insert the names of the alderpersons aldermen
signing the petition) be adopted?
---------------------------------------------------------
YES NO
-------------------------------------------------------------
4. All the propositions shall be printed in uniform type.
(Source: Laws 1941, vol. 2, p. 19.)
Section 45. The Civic Center Code is amended by changing
Sections 210-20, 210-25, 270-20, and 270-25 as follows:
(70 ILCS 200/210-20)
Sec. 210-20. Board members designated. The mayor and
alderpersons aldermen, ex officio, of the City of Pontiac
shall be the members of the Board. Before entering upon the
duties of his office, each member of the Board shall take and
subscribe the constitutional oath of office and file it in the
office of the Secretary of State.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/210-25)
Sec. 210-25. Board members; terms. Members of the Board
shall hold office until their respective successors as mayor
or alderpersons aldermen of the City of Pontiac have been
appointed and qualified.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/270-20)
Sec. 270-20. Board members. The mayor and alderpersons
aldermen, ex officio, of the City of Waukegan shall be the
members of the Board. Before entering upon the duties of his
office, each member of the Board shall take and subscribe the
constitutional oath of office and file it in the office of the
Secretary of State.
(Source: P.A. 90-328, eff. 1-1-98.)
(70 ILCS 200/270-25)
Sec. 270-25. Board member terms. Members of the Board
shall hold office until their respective successors as mayor
or alderpersons aldermen of the City of Waukegan have been
appointed and qualified.
(Source: P.A. 90-328, eff. 1-1-98.)
Section 50. The Metropolitan Pier and Exposition Authority
Act is amended by changing Section 5.6 as follows:
(70 ILCS 210/5.6)
Sec. 5.6. Marketing agreement.
(a) The Authority shall enter into a marketing agreement
with a not-for-profit organization headquartered in Chicago
and recognized by the Department of Commerce and Economic
Opportunity as a certified local tourism and convention bureau
entitled to receive State tourism grant funds, provided the
bylaws of the organization establish a board of the
organization that is comprised of 35 members serving 3-year
staggered terms, including the following:
(1) no less than 8 members appointed by the Mayor of
Chicago, to include:
(A) a Chair of the board of the organization
appointed by the Mayor of the City of Chicago from
among the business and civic leaders of Chicago who
are not engaged in the hospitality business or who
have not served as a member of the Board or as chief
executive officer of the Authority; and
(B) 7 members from among the cultural, economic
development, or civic leaders of Chicago;
(2) the chairperson of the interim board or Board of
the Authority, or his or her designee;
(3) a representative from the department in the City
of Chicago that is responsible for the operation of
Chicago-area airports;
(4) a representative from the department in the City
of Chicago that is responsible for the regulation of
Chicago-area livery vehicles;
(5) at least 1, but no more than:
(A) 5 members from the hotel industry;
(B) 5 members representing Chicago arts and
cultural institutions or projects;
(C) 2 members from the restaurant industry;
(D) 2 members employed by or representing an
entity responsible for a trade show;
(E) 2 members representing unions;
(F) 2 members from the attractions industry; and
(6) the Director of the Illinois Department of
Commerce and Economic Opportunity, ex officio.
The bylaws of the organization may provide for the
appointment of a City of Chicago alderperson alderman as an ex
officio member, and may provide for other ex officio members
who shall serve terms of one year.
Persons with a real or apparent conflict of interest shall
not be appointed to the board. Members of the board of the
organization shall not serve more than 2 terms. The bylaws
shall require the following: (i) that the Chair of the
organization name no less than 5 and no more than 9 members to
the Executive Committee of the organization, one of whom must
be the chairperson of the interim board or Board of the
Authority, and (ii) a provision concerning conflict of
interest and a requirement that a member abstain from
participating in board action if there is a threat to the
independence of judgment created by any conflict of interest
or if participation is likely to have a negative effect on
public confidence in the integrity of the board.
(b) The Authority shall notify the Department of Revenue
within 10 days after entering into a contract pursuant to this
Section.
(Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10;
97-1122, eff. 8-27-12.)
Section 55. The Beardstown Regional Flood Prevention
District Act is amended by changing Section 10 as follows:
(70 ILCS 755/10)
Sec. 10. Commissioners.
(a) The affairs of the district shall be managed by a board
of 7 commissioners: one shall be appointed by the chairperson
of the county board; one shall be appointed by the Mayor of the
City of Beardstown; one shall be appointed by the Beardstown
Sanitary District; one shall be appointed by the South
Beardstown Levee and Drainage District; one shall be appointed
by the Valley Levee and Drainage District; one shall be
appointed by the Lost Creek Levee and Drainage District; and
one shall be appointed by a majority vote of the other 6
commissioners. All initial appointments under this Section
must be made within 60 days after the district is organized.
(b) Of the initial appointments, 3 commissioners shall
serve a 2-year term and 4 commissioners shall serve a 4-year
term, as determined by lot. Their successors shall be
appointed for 4-year terms. No commissioner may serve for more
than 20 years. Vacancies shall be filled in the same manner as
original appointments.
(c) Each commissioner must be a legal voter in Cass
County, and all commissioners shall reside in and own property
that is located within the district. Commissioners shall serve
without compensation, but may be reimbursed for reasonable
expenses incurred in the performance of their duties.
(d) A majority of the commissioners shall constitute a
quorum of the board for the transaction of business. An
affirmative vote of a majority of the commissioners shall be
sufficient to approve any action or expenditure.
(e) An alderperson alderman of the City of Beardstown, a
member of the county board, and a commissioner of each of the
aforementioned drainage districts and sanitation district may
be appointed to serve concurrently as commissioners of the
district, and the appointment shall be deemed lawful and not
to constitute a violation of the Public Officer Prohibited
Activities Act, nor to create an impermissible conflict of
interest or incompatibility of offices.
(Source: P.A. 97-309, eff. 8-11-11.)
Section 60. The Park System Civil Service Act is amended
by changing Section 23 as follows:
(70 ILCS 1210/23) (from Ch. 24 1/2, par. 102)
Sec. 23. No officer or employee in the service of any such
park district shall, directly or indirectly, give or hand over
to any officer or employee in said classified civil service,
or to any senator or representative or alderperson alderman,
councilman or park commissioner, any money or other valuable
thing on account of or to be applied to the promotion of any
party or political object whatever.
(Source: Laws 1911, p. 211.)
Section 65. The Park Annuity and Benefit Fund Civil
Service Act is amended by changing Section 25 as follows:
(70 ILCS 1215/25) (from Ch. 24 1/2, par. 138)
Sec. 25. No officer or employee in the service of such Park
Employees' and Retirement Board Employees' Annuity and Benefit
Fund shall, directly or indirectly, give or hand over to any
officer or employee in said classified civil service, or to
any senator, representative, alderperson alderman, councilman,
park commissioner or trustee, any money or other valuable
thing on account of or to be applied to the promotion of any
party or political object whatever.
(Source: Laws 1963, p. 138.)
Section 70. The Metropolitan Water Reclamation District
Act is amended by changing Section 4.25 as follows:
(70 ILCS 2605/4.25) (from Ch. 42, par. 323.25)
Sec. 4.25. Political contributions and campaigns.
(a) During a commissioner's or an employee's compensated
time, other than vacation, personal, holiday, or compensatory
time off, a commissioner or an employee in the service of the
sanitary district shall not, directly or indirectly, give or
hand over to any commissioner or employee, or to any senator,
representative, alderperson alderman, councilman, or trustee,
any money or other valuable thing on account of or to be
applied to the promotion of any party or political object
whatever.
(b) During an employee's compensated time, other than
vacation, personal, holiday, or compensatory time off, an
employee shall not take any part in the management or affairs
of any political party or in any political campaign, except to
exercise his or her right as a citizen privately to express his
or her opinion, and to cast his or her vote, provided, however,
that an employee shall have the right to hold any public
office, either by appointment or election, that is not
incompatible with his or her duties as an employee of the
District, and provided further that the employee does not
campaign or otherwise engage in political activity during his
or her compensated time other than vacation, personal,
holiday, or compensatory time off.
(c) This Section shall not be deemed to authorize conduct
prohibited by the Federal Hatch Act by employees subject to
that Act.
(d) For the purposes of this Section, "compensated time"
means any time worked by or credited to an employee that counts
toward any minimum work time requirement imposed as a
condition of employment with the sanitary district, but does
not include any designated holidays or any period when the
employee is on a leave of absence. With respect to
commissioners, "compensated time" means any period of time
when the commissioner is on the premises under the control of
the sanitary district and any other time when the commissioner
is executing his or her official duties, regardless of
location.
For the purposes of this Section, "compensatory time off"
means authorized time off earned by or awarded to an employee
to compensate in whole or in part for time worked in excess of
the minimum work time required of that employee as a condition
of employment with the sanitary district.
(Source: P.A. 97-125, eff. 7-14-11.)
Section 75. The School Code is amended by changing
Sections 24-2, 34-210, 34-230, and 34-235 as follows:
(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
Sec. 24-2. Holidays.
(a) Teachers shall not be required to teach on Saturdays,
nor, except as provided in subsection (b) of this Section,
shall teachers or other school employees, other than
noncertificated school employees whose presence is necessary
because of an emergency or for the continued operation and
maintenance of school facilities or property, be required to
work on legal school holidays, which are January 1, New Year's
Day; the third Monday in January, the Birthday of Dr. Martin
Luther King, Jr.; February 12, the Birthday of President
Abraham Lincoln; the first Monday in March (to be known as
Casimir Pulaski's birthday); Good Friday; the day designated
as Memorial Day by federal law; July 4, Independence Day; the
first Monday in September, Labor Day; the second Monday in
October, Columbus Day; November 11, Veterans' Day; the
Thursday in November commonly called Thanksgiving Day; and
December 25, Christmas Day. School boards may grant special
holidays whenever in their judgment such action is advisable.
No deduction shall be made from the time or compensation of a
school employee on account of any legal or special holiday.
(b) A school board or other entity eligible to apply for
waivers and modifications under Section 2-3.25g of this Code
is authorized to hold school or schedule teachers' institutes,
parent-teacher conferences, or staff development on the third
Monday in January (the Birthday of Dr. Martin Luther King,
Jr.); February 12 (the Birthday of President Abraham Lincoln);
the first Monday in March (known as Casimir Pulaski's
birthday); the second Monday in October (Columbus Day); and
November 11 (Veterans' Day), provided that:
(1) the person or persons honored by the holiday are
recognized through instructional activities conducted on
that day or, if the day is not used for student attendance,
on the first school day preceding or following that day;
and
(2) the entity that chooses to exercise this authority
first holds a public hearing about the proposal. The
entity shall provide notice preceding the public hearing
to both educators and parents. The notice shall set forth
the time, date, and place of the hearing, describe the
proposal, and indicate that the entity will take testimony
from educators and parents about the proposal.
(c) Commemorative holidays, which recognize specified
patriotic, civic, cultural or historical persons, activities,
or events, are regular school days. Commemorative holidays
are: January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15
(the birthday of Susan B. Anthony), March 29 (Viet Nam War
Veterans' Day), September 11 (September 11th Day of
Remembrance), the school day immediately preceding Veterans'
Day (Korean War Veterans' Day), October 1 (Recycling Day),
October 7 (Iraq and Afghanistan Veterans Remembrance Day),
December 7 (Pearl Harbor Veterans' Day), and any day so
appointed by the President or Governor. School boards may
establish commemorative holidays whenever in their judgment
such action is advisable. School boards shall include
instruction relative to commemorated persons, activities, or
events on the commemorative holiday or at any other time
during the school year and at any point in the curriculum when
such instruction may be deemed appropriate. The State Board of
Education shall prepare and make available to school boards
instructional materials relative to commemorated persons,
activities, or events which may be used by school boards in
conjunction with any instruction provided pursuant to this
paragraph.
(d) City of Chicago School District 299 shall observe
March 4 of each year as a commemorative holiday. This holiday
shall be known as Mayors' Day which shall be a day to
commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late
Mayor Richard J. Daley and the late Mayor Harold Washington.
If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
observed on the following Monday.
(e) Notwithstanding any other provision of State law to
the contrary, November 3, 2020 shall be a State holiday known
as 2020 General Election Day and shall be observed throughout
the State pursuant to this amendatory Act of the 101st General
Assembly. All government offices, with the exception of
election authorities, shall be closed unless authorized to be
used as a location for election day services or as a polling
place.
Notwithstanding any other provision of State law to the
contrary, November 8, 2022 shall be a State holiday known as
2022 General Election Day and shall be observed throughout the
State under this amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-642, eff. 6-16-20.)
(105 ILCS 5/34-210)
Sec. 34-210. The Educational Facility Master Plan.
(a) In accordance with the schedule set forth in this
Article, the chief executive officer or his or her designee
shall prepare a 10-year educational facility master plan every
5 years, with updates 2 1/2 years after the approval of the
initial 10-year plan, with the first such educational facility
master plan to be approved on or before October 1, 2013.
(b) The educational facility master plan shall provide
community area level plans and individual school master plans
with options for addressing the facility and space needs for
each facility operated by the district over a 10-year period.
(c) The data, information, and analysis that shall inform
the educational facility master plan shall be published on the
district's Internet website and shall include the following:
(1) a description of the district's guiding
educational goals and standards;
(2) a brief description of the types of instructional
programs and services delivered in each school, including
specific plans for special education programs, early
childhood education programs, career and technical
education programs, and any other programs that are space
sensitive to avoid space irregularities;
(3) a description of the process, procedure, and
timeline for community participation in the development of
the plan;
(3.5) A description of a communications and community
involvement plan for each community in the City of Chicago
that includes the engagement of students, school
personnel, parents, and key stakeholders throughout the
community and all of the following:
(A) community action councils;
(B) local school councils or, if not present,
alternative parent and community governance for that
school;
(C) the Chicago Teachers Union; and
(D) all current principals.
(4) the enrollment capacity of each school and its
rate of enrollment and historical and projected
enrollment, and current and projected demographic
information for the neighborhood surrounding the district
based on census data;
(5) a report on the assessment of individual building
and site conditions;
(6) a data table with historical and projected
enrollment data by school by grade;
(7) community analysis, including a study of current
and projected demographics, land usage, transportation
plans, residential housing and commercial development,
private schools, plans for water and sewage service
expansion or redevelopment, and institutions of higher
education;
(8) an analysis of the facility needs and requirements
and a process to address critical facility capital needs
of every school building, which shall be publicly
available on the district's Internet website for schools
and communities to have access to the information;
(9) identification of potential sources of funding for
the implementation of the Educational Facility Master
Plan, including financial options through tax increment
financing, property tax levies for schools, and bonds that
address critical facility needs; and
(10) any school building disposition, including a plan
delineating the process through which citizen involvement
is facilitated and establishing the criteria that is
utilized in building disposition decisions, one of which
shall be consideration of the impact of any proposed new
use of a school building on the neighborhood in which the
school building is located and how it may impact
enrollment of schools in that community area.
(d) On or before May 1, 2013, the chief executive officer
or his or her designee shall prepare and distribute for
comment a preliminary draft of the Educational Facility Master
Plan. The draft plan shall be distributed to the City of
Chicago, the County of Cook, the Chicago Park District, the
Chicago Housing Authority, the Chicago Transit Authority,
attendance centers operated by the district, and charter
schools operating within the district. Each attendance center
shall make the draft plan available to the local school
council at the annual organizational meeting or to an
alternative advisory body and to the parents, guardians, and
staff of the school. The draft plan also shall be distributed
to each State Senator and State Representative with a district
in the City of Chicago, to the Mayor of the City of Chicago,
and to each alderperson alderman of the City.
(e) The chief executive or his or her designee shall
publish a procedure for conducting regional public hearings
and submitting public comments on the draft plan and an annual
capital improvement hearing that shall discuss the district's
annual capital budget and that is not in conjunction with
operating budget hearings.
(f) After consideration of public input on the draft plan,
the chief executive officer or his or her designee shall
prepare and publish a report describing the public input
gathered and the process used to incorporate public input in
the development of the final plan to be recommended to the
Board.
(g) The chief executive officer shall present the final
plan and report to the Board for final consideration and
approval.
(h) The final approved Educational Facility Master Plan
shall be published on the district's website.
(i) No later than July 1, 2016, and every 5 years
thereafter, the chief executive officer or his or her designee
shall prepare and submit for public comment a draft revised
Educational Facility Master Plan following the procedures
required for development of the original plan.
(j) This proposed revised plan shall reflect the progress
achieved during the first 2 1/2 years of the Educational
Facility Master Plan.
(k) On or before December 1, 2018, the Board shall adopt a
policy to address under-enrolled schools. The policy must
contain a list of potential interventions to address schools
with declining enrollment, including, but not limited to,
action by the district to: (i) create a request for proposals
for joint use of the school with an intergovernmental rental
or other outside entity rental, (ii) except for a charter
school, cease any potential plans for school expansion that
may negatively impact enrollment at the under-enrolled school,
(iii) redraft attendance boundaries to maximize enrollment of
additional students, or (iv) work with under-enrolled schools
to identify opportunities to increase enrollment and lower the
costs of occupancy through joint use agreements.
(Source: P.A. 99-531, eff. 7-8-16; 100-965, eff. 8-19-18.)
(105 ILCS 5/34-230)
Sec. 34-230. School action public meetings and hearings.
(a) By October 1 of each year, the chief executive officer
shall prepare and publish guidelines for school actions. The
guidelines shall outline the academic and non-academic
criteria for a school action. These guidelines shall be
created with the involvement of local school councils,
parents, educators, and community organizations. These
guidelines, and each subsequent revision, shall be subject to
a public comment period of at least 21 days before their
approval.
(b) The chief executive officer shall announce all
proposed school actions to be taken at the close of the current
academic year consistent with the guidelines by December 1 of
each year.
(c) On or before December 1 of each year, the chief
executive officer shall publish notice of the proposed school
actions.
(1) Notice of the proposal for a school action shall
include a written statement of the basis for the school
action, an explanation of how the school action meets the
criteria set forth in the guidelines, and a draft School
Transition Plan identifying the items required in Section
34-225 of this Code for all schools affected by the school
action. The notice shall state the date, time, and place
of the hearing or meeting. For a school closure only, 8
months after notice is given, the chief executive officer
must publish on the district's website a full financial
report on the closure that includes an analysis of the
closure's costs and benefits to the district.
(2) The chief executive officer or his or her designee
shall provide notice to the principal, staff, local school
council, and parents or guardians of any school that is
subject to the proposed school action.
(3) The chief executive officer shall provide written
notice of any proposed school action to the State Senator,
State Representative, and alderperson alderman for the
school or schools that are subject to the proposed school
action.
(4) The chief executive officer shall publish notice
of proposed school actions on the district's Internet
website.
(5) The chief executive officer shall provide notice
of proposed school actions at least 30 calendar days in
advance of a public hearing or meeting. The notice shall
state the date, time, and place of the hearing or meeting.
No Board decision regarding a proposed school action may
take place less than 60 days after the announcement of the
proposed school action.
(d) The chief executive officer shall publish a brief
summary of the proposed school actions and the date, time, and
place of the hearings or meetings in a newspaper of general
circulation.
(e) The chief executive officer shall designate at least 3
opportunities to elicit public comment at a hearing or meeting
on a proposed school action and shall do the following:
(1) Convene at least one public hearing at the
centrally located office of the Board.
(2) Convene at least 2 additional public hearings or
meetings at a location convenient to the school community
subject to the proposed school action.
(f) Public hearings shall be conducted by a qualified
independent hearing officer chosen from a list of independent
hearing officers. The general counsel shall compile and
publish a list of independent hearing officers by November 1
of each school year. The independent hearing officer shall
have the following qualifications:
(1) he or she must be a licensed attorney eligible to
practice law in Illinois;
(2) he or she must not be an employee of the Board; and
(3) he or she must not have represented the Board, its
employees or any labor organization representing its
employees, any local school council, or any charter or
contract school in any capacity within the last year.
The independent hearing officer shall issue a written
report that summarizes the hearing and determines whether the
chief executive officer complied with the requirements of this
Section and the guidelines.
The chief executive officer shall publish the report on
the district's Internet website within 5 calendar days after
receiving the report and at least 15 days prior to any Board
action being taken.
(g) Public meetings shall be conducted by a representative
of the chief executive officer. A summary of the public
meeting shall be published on the district's Internet website
within 5 calendar days after the meeting.
(h) If the chief executive officer proposes a school
action without following the mandates set forth in this
Section, the proposed school action shall not be approved by
the Board during the school year in which the school action was
proposed.
(Source: P.A. 101-133, eff. 7-26-19.)
(105 ILCS 5/34-235)
(Text of Section from P.A. 97-473)
Sec. 34-235. Emergencies. Nothing in Sections 34-200
through 34-235 of this Code prevents the district from taking
emergency action to protect the health and safety of students
and staff in an attendance center. In the event of an emergency
that requires the district to close all or part of a school
facility, including compliance with a directive of a duly
authorized public safety agency, the chief executive officer
or his or her designees are authorized to take all steps
necessary to protect the safety of students and staff,
including relocation of the attendance center to another
location or closing the attendance center. In such cases, the
chief executive officer shall provide written notice of the
basis for the emergency action within 3 days after declaring
the emergency and shall publish the steps that have been taken
or will be taken to address the emergency within 10 days after
declaring the emergency. The notice shall be posted on the
district's website and provided to the principal, the local
school council, and the State Senator, the State
Representative, and the alderperson Alderman of the school
that is the subject of the emergency action. The notice shall
explain why the district could not comply with the provisions
in Sections 34-200 through 34-235 of this Code.
(Source: P.A. 97-473, eff. 1-1-12.)
(Text of Section from P.A. 97-474)
Sec. 34-235. Emergencies. Nothing in Sections 34-200
through 34-235 of this Code prevents the district from taking
emergency action to protect the health and safety of students
and staff in an attendance center. In the event of an emergency
that requires the district to close all or part of a school
facility, including compliance with a directive of a duly
authorized public safety agency, the chief executive officer
or his or her designees are authorized to take all steps
necessary to protect the safety of students and staff,
including relocation of the attendance center to another
location or closing the attendance center. In such cases, the
chief executive officer shall provide written notice of the
basis for the emergency action within 3 days after declaring
the emergency and shall publish the steps that have been taken
or will be taken to address the emergency within 10 days after
declaring the emergency. The notice shall be posted on the
district's website and provided to the principal, the local
school council, and the State Senator, the State
Representative, and the alderperson alderman of the school
that is the subject of the emergency action. The notice shall
explain why the district could not comply with the provisions
in Sections 34-200 through 34-235 of this Code.
(Source: P.A. 97-474, eff. 8-22-11.)
Section 85. The State Universities Civil Service Act is
amended by changing Section 45a as follows:
(110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1)
Sec. 45a. Except as provided in the second sentence of
this Section, all officers and employees subject to this Act,
shall have the following days as holidays, for which they
shall receive their usual compensation: New Year's Day,
January 1, Memorial Day, as determined by the law of the State
of Illinois, Independence Day, July 4, Labor Day, the first
Monday in September, Thanksgiving Day, the fourth Thursday of
November, Christmas Day, December 25, and five holidays to be
designated by each college, university, agency and community
college subject to this Act. Craft and trade employees subject
to this Act shall be paid for all paid holidays included in
their area agreement, and will be paid for all five holidays
designated by their employer pursuant to this section.
Notwithstanding any other provision of State law to the
contrary, November 3, 2020 shall be a State holiday known as
2020 General Election Day and shall be observed throughout the
State pursuant to this amendatory Act of the 101st General
Assembly. All government offices, with the exception of
election authorities, shall be closed unless authorized to be
used as a location for election day services or as a polling
place.
Notwithstanding any other provision of State law to the
contrary, November 8, 2022 shall be a State holiday known as
2022 General Election Day and shall be observed throughout the
State under this amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-642, eff. 6-16-20.)
Section 90. The Liquor Control Act of 1934 is amended by
changing Sections 4-1, 6-2, and 6-11 as follows:
(235 ILCS 5/4-1) (from Ch. 43, par. 110)
Sec. 4-1. In every city, village or incorporated town, the
city council or president and board of trustees, and in
counties in respect of territory outside the limits of any
such city, village or incorporated town the county board shall
have the power by general ordinance or resolution to determine
the number, kind and classification of licenses, for sale at
retail of alcoholic liquor not inconsistent with this Act and
the amount of the local licensee fees to be paid for the
various kinds of licenses to be issued in their political
subdivision, except those issued to the specific non-beverage
users exempt from payment of license fees under Section 5-3
which shall be issued without payment of any local license
fees, and the manner of distribution of such fees after their
collection; to regulate or prohibit the presence of persons
under the age of 21 on the premises of licensed retail
establishments of various kinds and classifications where
alcoholic liquor is drawn, poured, mixed or otherwise served
for consumption on the premises; to prohibit any minor from
drawing, pouring, or mixing any alcoholic liquor as an
employee of any retail licensee; and to prohibit any minor
from at any time attending any bar and from drawing, pouring or
mixing any alcoholic liquor in any licensed retail premises;
and to establish such further regulations and restrictions
upon the issuance of and operations under local licenses not
inconsistent with law as the public good and convenience may
require; and to provide penalties for the violation of
regulations and restrictions, including those made by county
boards, relative to operation under local licenses; provided,
however, that in the exercise of any of the powers granted in
this section, the issuance of such licenses shall not be
prohibited except for reasons specifically enumerated in
Sections 6-2, 6-11, 6-12 and 6-25 of this Act.
However, in any municipality with a population exceeding
1,000,000 that has adopted the form of government authorized
under "An Act concerning cities, villages, and incorporated
towns, and to repeal certain Acts herein named", approved
August 15, 1941, as amended, no person shall be granted any
license or privilege to sell alcoholic liquors between the
hours of two o'clock a.m. and seven o'clock a.m. on week days
unless such person has given at least 14 days prior written
notice to the alderperson alderman of the ward in which such
person's licensed premises are located stating his intention
to make application for such license or privilege and unless
evidence confirming service of such written notice is included
in such application. Any license or privilege granted in
violation of this paragraph shall be null and void.
(Source: P.A. 99-46, eff. 7-15-15.)
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
Sec. 6-2. Issuance of licenses to certain persons
prohibited.
(a) Except as otherwise provided in subsection (b) of this
Section and in paragraph (1) of subsection (a) of Section
3-12, no license of any kind issued by the State Commission or
any local commission shall be issued to:
(1) A person who is not a resident of any city, village
or county in which the premises covered by the license are
located; except in case of railroad or boat licenses.
(2) A person who is not of good character and
reputation in the community in which he resides.
(3) (Blank).
(4) A person who has been convicted of a felony under
any Federal or State law, unless the Commission determines
that such person will not be impaired by the conviction in
engaging in the licensed practice after considering
matters set forth in such person's application in
accordance with Section 6-2.5 of this Act and the
Commission's investigation.
(5) A person who has been convicted of keeping a place
of prostitution or keeping a place of juvenile
prostitution, promoting prostitution that involves keeping
a place of prostitution, or promoting juvenile
prostitution that involves keeping a place of juvenile
prostitution.
(6) A person who has been convicted of pandering.
(7) A person whose license issued under this Act has
been revoked for cause.
(8) A person who at the time of application for
renewal of any license issued hereunder would not be
eligible for such license upon a first application.
(9) A copartnership, if any general partnership
thereof, or any limited partnership thereof, owning more
than 5% of the aggregate limited partner interest in such
copartnership would not be eligible to receive a license
hereunder for any reason other than residence within the
political subdivision, unless residency is required by
local ordinance.
(10) A corporation or limited liability company, if
any member, officer, manager or director thereof, or any
stockholder or stockholders owning in the aggregate more
than 5% of the stock of such corporation, would not be
eligible to receive a license hereunder for any reason
other than residence within the political subdivision.
(10a) A corporation or limited liability company
unless it is incorporated or organized in Illinois, or
unless it is a foreign corporation or foreign limited
liability company which is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois. The Commission shall
permit and accept from an applicant for a license under
this Act proof prepared from the Secretary of State's
website that the corporation or limited liability company
is in good standing and is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois.
(11) A person whose place of business is conducted by
a manager or agent unless the manager or agent possesses
the same qualifications required by the licensee.
(12) A person who has been convicted of a violation of
any Federal or State law concerning the manufacture,
possession or sale of alcoholic liquor, subsequent to the
passage of this Act or has forfeited his bond to appear in
court to answer charges for any such violation, unless the
Commission determines, in accordance with Section 6-2.5 of
this Act, that the person will not be impaired by the
conviction in engaging in the licensed practice.
(13) A person who does not beneficially own the
premises for which a license is sought, or does not have a
lease thereon for the full period for which the license is
to be issued.
(14) Any law enforcing public official, including
members of local liquor control commissions, any mayor,
alderperson alderman, or member of the city council or
commission, any president of the village board of
trustees, any member of a village board of trustees, or
any president or member of a county board; and no such
official shall have a direct interest in the manufacture,
sale, or distribution of alcoholic liquor, except that a
license may be granted to such official in relation to
premises that are not located within the territory subject
to the jurisdiction of that official if the issuance of
such license is approved by the State Liquor Control
Commission and except that a license may be granted, in a
city or village with a population of 55,000 or less, to any
alderperson alderman, member of a city council, or member
of a village board of trustees in relation to premises
that are located within the territory subject to the
jurisdiction of that official if (i) the sale of alcoholic
liquor pursuant to the license is incidental to the
selling of food, (ii) the issuance of the license is
approved by the State Commission, (iii) the issuance of
the license is in accordance with all applicable local
ordinances in effect where the premises are located, and
(iv) the official granted a license does not vote on
alcoholic liquor issues pending before the board or
council to which the license holder is elected.
Notwithstanding any provision of this paragraph (14) to
the contrary, an alderperson alderman or member of a city
council or commission, a member of a village board of
trustees other than the president of the village board of
trustees, or a member of a county board other than the
president of a county board may have a direct interest in
the manufacture, sale, or distribution of alcoholic liquor
as long as he or she is not a law enforcing public
official, a mayor, a village board president, or president
of a county board. To prevent any conflict of interest,
the elected official with the direct interest in the
manufacture, sale, or distribution of alcoholic liquor
shall not participate in any meetings, hearings, or
decisions on matters impacting the manufacture, sale, or
distribution of alcoholic liquor. Furthermore, the mayor
of a city with a population of 55,000 or less or the
president of a village with a population of 55,000 or less
may have an interest in the manufacture, sale, or
distribution of alcoholic liquor as long as the council or
board over which he or she presides has made a local liquor
control commissioner appointment that complies with the
requirements of Section 4-2 of this Act.
(15) A person who is not a beneficial owner of the
business to be operated by the licensee.
(16) A person who has been convicted of a gambling
offense as proscribed by any of subsections (a) (3)
through (a) (11) of Section 28-1 of, or as proscribed by
Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the
Criminal Code of 2012, or as proscribed by a statute
replaced by any of the aforesaid statutory provisions.
(17) A person or entity to whom a federal wagering
stamp has been issued by the federal government, unless
the person or entity is eligible to be issued a license
under the Raffles and Poker Runs Act or the Illinois Pull
Tabs and Jar Games Act.
(18) A person who intends to sell alcoholic liquors
for use or consumption on his or her licensed retail
premises who does not have liquor liability insurance
coverage for that premises in an amount that is at least
equal to the maximum liability amounts set out in
subsection (a) of Section 6-21.
(19) A person who is licensed by any licensing
authority as a manufacturer of beer, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer,
having any legal, equitable, or beneficial interest,
directly or indirectly, in a person licensed in this State
as a distributor or importing distributor. For purposes of
this paragraph (19), a person who is licensed by any
licensing authority as a "manufacturer of beer" shall also
mean a brewer and a non-resident dealer who is also a
manufacturer of beer, including a partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer.
(20) A person who is licensed in this State as a
distributor or importing distributor, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed in this State as a
distributor or importing distributor having any legal,
equitable, or beneficial interest, directly or indirectly,
in a person licensed as a manufacturer of beer by any
licensing authority, or any partnership, corporation,
limited liability company, or trust or any subsidiary,
affiliate, or agent thereof, or any other form of business
enterprise, except for a person who owns, on or after the
effective date of this amendatory Act of the 98th General
Assembly, no more than 5% of the outstanding shares of a
manufacturer of beer whose shares are publicly traded on
an exchange within the meaning of the Securities Exchange
Act of 1934. For the purposes of this paragraph (20), a
person who is licensed by any licensing authority as a
"manufacturer of beer" shall also mean a brewer and a
non-resident dealer who is also a manufacturer of beer,
including a partnership, corporation, limited liability
company, or trust or any subsidiary, affiliate, or agent
thereof, or any other form of business enterprise licensed
as a manufacturer of beer.
(b) A criminal conviction of a corporation is not grounds
for the denial, suspension, or revocation of a license applied
for or held by the corporation if the criminal conviction was
not the result of a violation of any federal or State law
concerning the manufacture, possession or sale of alcoholic
liquor, the offense that led to the conviction did not result
in any financial gain to the corporation and the corporation
has terminated its relationship with each director, officer,
employee, or controlling shareholder whose actions directly
contributed to the conviction of the corporation. The
Commission shall determine if all provisions of this
subsection (b) have been met before any action on the
corporation's license is initiated.
(Source: P.A. 100-286, eff. 1-1-18; 101-541, eff. 8-23-19.)
(235 ILCS 5/6-11)
Sec. 6-11. Sale near churches, schools, and hospitals.
(a) No license shall be issued for the sale at retail of
any alcoholic liquor within 100 feet of any church, school
other than an institution of higher learning, hospital, home
for aged or indigent persons or for veterans, their spouses or
children or any military or naval station, provided, that this
prohibition shall not apply to hotels offering restaurant
service, regularly organized clubs, or to restaurants, food
shops or other places where sale of alcoholic liquors is not
the principal business carried on if the place of business so
exempted is not located in a municipality of more than 500,000
persons, unless required by local ordinance; nor to the
renewal of a license for the sale at retail of alcoholic liquor
on premises within 100 feet of any church or school where the
church or school has been established within such 100 feet
since the issuance of the original license. In the case of a
church, the distance of 100 feet shall be measured to the
nearest part of any building used for worship services or
educational programs and not to property boundaries.
(a-5) Notwithstanding any provision of this Section to the
contrary, a local liquor control commissioner may grant an
exemption to the prohibition in subsection (a) of this Section
if a local rule or ordinance authorizes the local liquor
control commissioner to grant that exemption.
(b) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor to a
restaurant, the primary business of which is the sale of goods
baked on the premises if (i) the restaurant is newly
constructed and located on a lot of not less than 10,000 square
feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the licensee is the titleholder to the
premises and resides on the premises, and (iv) the
construction of the restaurant is completed within 18 months
of July 10, 1998 (the effective date of Public Act 90-617).
(c) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor
incidental to a restaurant if (1) the primary business of the
restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a
completely new owner of the restaurant, (2) the