(55 ILCS 5/Div. 3-2 heading)
Division 3-2.
Clerk
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(55 ILCS 5/3-2001) (from Ch. 34, par. 3-2001)
Sec. 3-2001.
Election of county clerk.
In all counties there shall be
an elected county clerk who shall hold office until his successor is
qualified. The functions and powers of the county clerks shall be uniform
in the various counties of this State. He shall enter upon the duties of
his office on the first day in the month of December following his election
on which the office of the county clerk is required, by statute or by
action of the county board, to be open.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2002) (from Ch. 34, par. 3-2002)
Sec. 3-2002.
Oath.
Each county clerk, before entering upon the duties
of his office, shall take and subscribe to the oath or affirmation
prescribed by Section 3, Article XIII of the Constitution which shall be
entered at large upon the records of his office.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003) (from Ch. 34, par. 3-2003)
Sec. 3-2003.
Functions, powers and duties of clerk.
The county clerk
shall have those functions, powers and duties as provided in the Sections
following this Section and preceding Section 3-2004.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003.1) (from Ch. 34, par. 3-2003.1)
Sec. 3-2003.1.
Appointment of deputies, assistants and personnel.
The county clerk shall appoint his deputies, assistants and personnel to
assist him in the performance of his duties.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003.2) (from Ch. 34, par. 3-2003.2)
Sec. 3-2003.2.
Internal operations of office.
The county clerk shall
have the right to control the internal operations of his office; to procure
necessary equipment, materials and services to perform the duties of his
office.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003.3) (from Ch. 34, par. 3-2003.3)
Sec. 3-2003.3.
Monthly report of financial status.
The county clerk
shall file a monthly report summarizing the financial status of his office
in such form as shall be determined by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003.4) (from Ch. 34, par. 3-2003.4)
Sec. 3-2003.4.
Deposit of fee income; special funds.
The county clerk shall deposit in the office of the county treasurer
monthly by the 10th day of the month following, all fee income. The county
clerk may maintain the following special funds from which the county board
shall authorize payments by voucher between board meetings:
(a) Overpayments.
(b) Reasonable amount needed during the succeeding accounting period to
pay office expenses, postage, freight, express or similar charges.
(c) Excess earnings from the sale of revenue stamps to be maintained in
a fund to be used for the purchase of additional stamps from the Illinois
Department of Revenue.
(d) Fund to pay necessary travel, dues and other expenses incurred in
attending workshops, educational seminars and organizational meetings
established for the purpose of providing in-service training.
(e) Trust funds, for tax redemptions, or for such other purposes as may
be provided for by law.
(f) Such other funds as may be authorized by the county board.
The county clerk shall make accounting monthly to the county board of
all special funds maintained by him in the discharge of his duties.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003.5) (from Ch. 34, par. 3-2003.5)
Sec. 3-2003.5.
Compensation of deputies and employees.
Compensation of deputies and employees shall be fixed by the county
clerk subject to budgetary limitations established by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2004) (from Ch. 34, par. 3-2004)
Sec. 3-2004.
Prompt payment.
Purchases made pursuant to this Division
shall be made in compliance with the "Local Government Prompt Payment Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2005) (from Ch. 34, par. 3-2005)
Sec. 3-2005.
Bond.
Each county clerk shall, before entering
upon the duties of his or her office, give bond (or, if the county is
self-insured, the county through its self-insurance program may provide
bonding) in such penalty and with such security as the county board shall deem
sufficient, which bond shall be substantially in the following form, and shall
be recorded in full in the records of his or her office, and when so recorded
shall be deposited with the clerk of the circuit court for safe keeping:
We, (A B) principal, and (C D) and (E F), sureties, all of the county of
.... and State of Illinois, are obligated to the People of the State of
Illinois, in the penal sum of $...., for the payment of which, we obligate
ourselves, each of us, our heirs, executors and administrators.
The condition of the above bond is such, that if the above obligated (A B)
shall perform all the duties which are or may be required by law to be
performed by him as county clerk of the county of .... in the time and
manner prescribed or to be prescribed by law, and when he is
succeeded in office, shall surrender and deliver over to his or her
successor in office all books, papers, moneys, and other things belonging
to the county, and appertaining to his or her office, then the above bond
to be void; otherwise to remain in full force.
Dated (insert date).
Signed and delivered in the presence of (G H).
Signature A B,
Signature C D,
Signature E F.
(Source: P.A. 91-357, eff. 7-29-99 .)
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(55 ILCS 5/3-2006) (from Ch. 34, par. 3-2006)
Sec. 3-2006.
Commission.
County clerks shall be commissioned
by the governor.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2007) (from Ch. 34, par. 3-2007)
Sec. 3-2007.
Office quarters and hours; violation.
The county clerk shall keep his office at the court house of
his county, or at such other place as may be provided for him by the
authorities of such county seat and shall keep his office open and
attend to the duties thereof:
(a) In counties of 500,000 or more population from 9 a. m. to 5 p.
m. of each working day except Saturday afternoons and legal holidays,
but the clerk may open the office at 8 a. m. on each working day:
(b) In counties of less than 500,000 population from 8 a. m. to 5 p.
m. of each working day except Saturdays and legal holidays, but in such
counties the office shall remain open until noon the Saturday before
general, primary or special election days.
Provided, that the days on which such office shall be open and the
hours of opening and closing of the office of the county clerk may be
changed and otherwise fixed and determined by the county board of any
county. Any such action taken by the county board shall be by an
appropriate resolution passed at a regular meeting.
Notwithstanding any other provision of this Section, when any
election is held and the results of such election
are required by law to be returned to the county clerk, the office of
the county clerk shall remain open for the purpose of receiving such
results from the time of opening of the polls until the returns from
each precinct have been received.
Any county clerk who fails to keep his office open for the purpose of
receiving election returns as required by this Section commits a
business offense, and shall be fined not less than $500 nor more than
$5,000.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2008) (from Ch. 34, par. 3-2008)
Sec. 3-2008.
Seal.
He shall be keeper of the seal of the county,
which shall be used by him in all cases where he is required to use an
official seal.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2009) (from Ch. 34, par. 3-2009)
Sec. 3-2009.
Deputies.
He shall appoint a chief deputy and may
appoint additional deputies, who shall take and subscribe the same oath for
the discharge of their duties as is required of the county clerk, which
shall be entered of record in his office.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2010) (from Ch. 34, par. 3-2010)
Sec. 3-2010.
Responsibility.
The principal clerk shall in all cases be
responsible for the acts of his deputies. Whenever a vacancy occurs in the
office of the county clerk in any county, including counties with a
population of less than 60,000 inhabitants, the chief deputy clerk shall
perform all the duties appertaining to the office of county clerk until the
successor of such clerk is elected or appointed and qualified as provided
in Section 3-2011.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2011) (from Ch. 34, par. 3-2011)
Sec. 3-2011.
Vacancies; military service.
Whenever a vacancy occurs
in the office of any county clerk and the unexpired term exceeds one year,
the vacancy shall be filled as provided by The Election Code by appointment
of a clerk pro tempore, who shall qualify by giving bond and taking the
oath as required of the county clerk, and shall thereupon perform all the
duties and be entitled to all the emoluments and be subject to all the
penalties appertaining to the office of county clerk until the successor of
such clerk is elected or appointed and qualified; Provided, that in case
the county clerk is called into the active military service of the United
States, the appointee shall perform and discharge all the duties of the
county clerk during the time such county clerk is in the active military
service of the United States, and such county clerk so appointed shall
possess all the powers and discharge all the duties of a regularly elected
county clerk under the laws of this State, and shall be paid the same
compensation as provided by law for the county clerk of that county,
apportioned as to the time of service, and such appointment and all
authority thereunder shall cease upon the discharge of the said county
clerk from such active military service of the United States; and provided
further, that the office of county clerk shall not be deemed to be vacant
during the time the said county clerk is in the active military service of
the United States.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2012) (from Ch. 34, par. 3-2012)
Sec. 3-2012.
Custody of records; public inspection.
The county
clerk shall have the care and custody of all the records, books and papers
appertaining to and filed or deposited in their respective offices, and the
same, except as otherwise provided in the Vital Records Act, shall be
open to the inspection of all persons without reward.
(Source: P.A. 86-962; 87-895.)
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(55 ILCS 5/3-2013) (from Ch. 34, par. 3-2013)
Sec. 3-2013.
General duties of clerk.
Subject to the provisions of
"The Local Records Act", the duties of the county clerk shall be-
1st. To act as clerk of the county board of his county and to keep an
accurate record of the proceedings of said board, file and preserve all
bills of account acted upon by the board, and when any account is allowed
or disallowed, he shall note that fact thereon, and when a part of any
account is allowed he shall note particularly the items allowed.
2nd. To keep a book in which he shall enter the number, date and amount
of each order upon the county treasurer, and the name of the person in
whose favor the same is drawn, and when such order is canceled, he shall
note the date of cancellation opposite such entry.
3rd. Before any such order is delivered to the person for whose benefit
it is drawn, the county clerk shall present the same to the county
treasurer, who shall personally countersign the same.
4th. To keep a book, in which shall be entered in alphabetical order, by
name of the principal, a minute of all official bonds filed in his office,
giving the name of the office, amount and date of bond, names of sureties
and date of filing, with such reference to the number or other designation
of the bond, that the same may be easily found.
5th. To keep proper alphabetical indexes of all records and papers in
his office.
6th. To give any person requiring the same, and paying the lawful fees
therefor, a copy of any record, paper or account in his office.
7th. Such other duties as are or may be required by law.
(Source: P.A. 86-962.)
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