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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Municipal Code is amended by |
5 | | changing Sections 3.1-10-5, 3.1-20-10, and 3.1-20-25 as |
6 | | follows:
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7 | | (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
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8 | | Sec. 3.1-10-5. Qualifications; elective office.
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9 | | (a) A person is not eligible for an elective municipal |
10 | | office unless that
person is a qualified elector of the |
11 | | municipality and has resided in the
municipality at least
one |
12 | | year next preceding the election or appointment, except as |
13 | | provided in subsection (c) of Section 3.1-20-25, subsection (b) |
14 | | of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
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15 | | (b) A person is not eligible for an elective municipal |
16 | | office if that
person is in arrears
in the payment of a tax or |
17 | | other indebtedness due to the municipality or
has been |
18 | | convicted in any court located in the United States of any |
19 | | infamous
crime,
bribery, perjury, or other felony.
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20 | | (c) A person is not eligible for the office of
alderman of |
21 | | a ward unless that person has resided
in the ward that the |
22 | | person seeks to represent, and a person is not eligible for the |
23 | | office of trustee of a district unless that person has resided |
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1 | | in the
municipality, at least one year next
preceding the |
2 | | election or appointment, except
as provided in subsection (c) |
3 | | of Section 3.1-20-25, subsection (b) of Section 3.1-25-75, |
4 | | Section 5-2-2, or Section 5-2-11.
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5 | | (d) If a person (i) is a resident of a municipality |
6 | | immediately prior to the active duty military service of that |
7 | | person or that person's spouse, (ii) resides anywhere outside |
8 | | of the municipality during that active duty military service, |
9 | | and (iii) immediately upon completion of that active duty |
10 | | military service is again a resident of the municipality, then |
11 | | the time during which the person resides outside the |
12 | | municipality during the active duty military service is deemed |
13 | | to be time during which the person is a resident of the |
14 | | municipality for purposes of determining the residency |
15 | | requirement under subsection (a).
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16 | | (Source: P.A. 95-61, eff. 8-13-07; 95-646, eff. 1-1-08; 95-876, |
17 | | eff. 8-21-08.)
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18 | | (65 ILCS 5/3.1-20-10) (from Ch. 24, par. 3.1-20-10)
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19 | | Sec. 3.1-20-10. Aldermen; number.
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20 | | (a) Except as otherwise provided in subsections (b) and (c) |
21 | | of this
Section, Section 3.1-20-20, or as otherwise provided in |
22 | | the case of
aldermen-at-large,
the number of aldermen, when not |
23 | | elected by the minority
representation plan, shall be |
24 | | determined using the most recent federal decennial census |
25 | | results as follows: |
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1 | | (1) in cities not exceeding 3,000
inhabitants, 6 aldermen; |
2 | | (2) in cities exceeding 3,000 but not exceeding 15,000, 8 |
3 | | aldermen;
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4 | | (3) in cities exceeding 15,000 but not exceeding 20,000, 10 |
5 | | aldermen; |
6 | | (4) in cities exceeding 20,000 but
not exceeding 50,000, 14 |
7 | | aldermen; |
8 | | (5) in cities exceeding 50,000 but not exceeding 70,000,
16 |
9 | | aldermen; |
10 | | (6) in cities exceeding 70,000 but not exceeding 90,000, 18 |
11 | | aldermen; and |
12 | | (7) in cities exceeding from
90,000 but not exceeding to |
13 | | 500,000, 20 aldermen. |
14 | | No redistricting shall be required in order
to reduce the |
15 | | number of aldermen in order to comply with this Section.
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16 | | (b) Instead of the number of aldermen set forth in |
17 | | subsection (a), a
municipality with 15,000 or more inhabitants |
18 | | may adopt, either by ordinance
or by resolution, not more than |
19 | | one year after the municipality's receipt of the new federal |
20 | | decennial census
results, the following number of aldermen: in |
21 | | cities exceeding 15,000 but not
exceeding 20,000, 8 aldermen; |
22 | | exceeding 20,000 but not
exceeding 50,000, 10 aldermen; |
23 | | exceeding 50,000 but not exceeding 70,000, 14
aldermen; |
24 | | exceeding 70,000 but not exceeding 90,000, 16 aldermen; and |
25 | | exceeding
90,000 but not exceeding 500,000, 18 aldermen.
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26 | | (c) Instead of the number of aldermen set forth in |
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1 | | subsection (a), a
municipality with 40,000 or more inhabitants |
2 | | may adopt, either by ordinance
or by resolution, not more than |
3 | | one year after the municipality's receipt of the new federal |
4 | | decennial census
results, the following number of aldermen: in |
5 | | cities exceeding 40,000 but
not exceeding 50,000, 16 aldermen.
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6 | | (d) If, according to the most recent federal decennial |
7 | | census results, the population of a municipality increases or |
8 | | decreases under this Section, then the municipality may adopt |
9 | | an ordinance or resolution to retain the number of aldermen |
10 | | that existed before the most recent federal decennial census |
11 | | results. The ordinance or resolution may not be adopted more |
12 | | than one year after the municipality's receipt of the most |
13 | | recent federal decennial census results. |
14 | | (Source: P.A. 96-1156, eff. 7-21-10; 97-301, eff. 8-11-11.)
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15 | | (65 ILCS 5/3.1-20-25) (from Ch. 24, par. 3.1-20-25)
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16 | | Sec. 3.1-20-25. Redistricting a city.
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17 | | (a) In the formation of wards, the number of
inhabitants of |
18 | | the city
immediately preceding the division of the city into |
19 | | wards shall be
as nearly equal in population, and the wards |
20 | | shall be of as compact and
contiguous territory, as |
21 | | practicable. Wards shall be created in a
manner so that, as far |
22 | | as practicable, no precinct shall be divided between
2 or more |
23 | | wards.
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24 | | (b) Whenever an official
decennial census shows that a city |
25 | | contains more or fewer wards than it is
entitled to, the city |
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1 | | council of the city, by ordinance, shall redistrict
the city |
2 | | into as many wards as the city is entitled. This
redistricting |
3 | | shall be completed not less than 30 days before the first day
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4 | | set by the general election law for the filing of candidate |
5 | | petitions for
the next succeeding election for city officers. |
6 | | At this election there
shall be elected the number of aldermen |
7 | | to which the city is entitled,
except as provided in subsection |
8 | | (c).
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9 | | (c) If it appears from any official decennial census
that |
10 | | it is necessary to redistrict under subsection (b) or for any |
11 | | other reason a city has the requisite number of inhabitants to
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12 | | authorize it to increase the number of aldermen , the city |
13 | | council shall
immediately proceed to redistrict the city
and |
14 | | shall hold the next city election in
accordance with the new |
15 | | redistricting. At this election the aldermen whose
terms of |
16 | | office are not expiring shall be considered aldermen for the |
17 | | new
wards respectively in which their residences are situated. |
18 | | At this election, in a municipality that is not a newly |
19 | | incorporated municipality, a candidate for alderman may be |
20 | | elected from any ward that contains a part of the ward in which |
21 | | he or she resided at least one year next preceding the election |
22 | | that follows the redistricting,
and, if elected, that person |
23 | | may be reelected from the new ward he or she represents if he |
24 | | or she
resides in that ward for at least one year next |
25 | | preceding reelection. If there are 2
or more aldermen with |
26 | | terms of office not expiring and residing in the same
ward |
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1 | | under the new redistricting, the alderman who holds over for |
2 | | that ward
shall be determined by lot in the presence of the |
3 | | city council, in the
manner directed by the council, and all |
4 | | other aldermen shall fill
their unexpired terms as |
5 | | aldermen-at-large. The aldermen-at-large, if any,
shall have |
6 | | the same powers and duties as all other aldermen, but upon the
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7 | | expiration of their terms the offices of aldermen-at-large |
8 | | shall be abolished.
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9 | | (d) If the redistricting results in one or more wards in |
10 | | which no aldermen
reside whose terms of office have not |
11 | | expired, 2 aldermen shall be elected
in accordance with Section |
12 | | 3.1-20-35, unless the city elected only one
alderman per ward |
13 | | pursuant to a referendum under subsection (a) of Section
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14 | | 3.1-20-20.
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15 | | (e) A redistricting ordinance that has decreased the number
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16 | | of wards of a city because of a decrease in population of the |
17 | | city shall
not be effective if, not less than 60 days before |
18 | | the time fixed for
the next succeeding general municipal |
19 | | election, an official
census is officially published that shows |
20 | | that the city has regained a
population that entitles it to the |
21 | | number of wards that it had just
before the passage of the last |
22 | | redistricting ordinance.
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23 | | (Source: P.A. 95-646, eff. 1-1-08.)
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