(65 ILCS 5/Art. 3.1 Div. 10 heading)
DIVISION 10.
GENERAL PROVISIONS
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(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.
(b-5) A person is not eligible to hold a municipal office, if that person is, at any time during the term 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.
(c) A person is not eligible for the office of
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. 97-1091, eff. 8-24-12; 98-115, eff. 7-29-13.)
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(65 ILCS 5/3.1-10-6)
Sec. 3.1-10-6.
Qualifications; appointive office.
(a) No person shall be eligible for any appointive municipal office
unless that person is a qualified elector of the municipality or otherwise
provided by law.
(b) The residency requirements do not apply, however, to municipal
engineers, health officers, attorneys, or other officers who require
technical training or knowledge, to appointed village treasurers,
to appointed village clerks, or to appointed city or village collectors
(unless the city or village has
designated by ordinance that the city or village clerk shall also hold the
office of collector).
(c) Except for incorporated towns that have superseded a civil township,
municipalities having a population of not more than 500,000 may adopt
ordinances that allow firemen and policemen to reside outside of the
corporate limits of the municipality by which they are employed both at the
time of appointment and while serving as a fireman or policeman.
(Source: P.A. 92-354, eff. 8-15-01.)
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(65 ILCS 5/3.1-10-10) (from Ch. 24, par. 3.1-10-10)
Sec. 3.1-10-10.
Application of general election law.
The general
election law applies to the scheduling, manner of
conducting, voting at, and contesting of municipal elections.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-15) (from Ch. 24, par. 3.1-10-15)
Sec. 3.1-10-15. Commencement of terms. The terms of elected municipal
officers shall commence at the first regular
or special meeting of the corporate authorities after receipt of the official election results from the county clerk of the regular municipal election
at which the officers were elected, except as otherwise provided
by ordinance fixing the date for inauguration of newly elected officers
of a municipality. The ordinance shall not, however, fix the time for
inauguration of newly elected officers later than the first regular or special
meeting of the corporate authorities in the month of June
following the
election.
(Source: P.A. 95-245, eff. 8-17-07.)
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(65 ILCS 5/3.1-10-20) (from Ch. 24, par. 3.1-10-20)
Sec. 3.1-10-20.
Results; ties.
The person with the highest number of
votes for an office is the person elected to that office. In case of a tie
vote,
the candidate who shall hold the office shall be
determined under the general election law.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-25) (from Ch. 24, par. 3.1-10-25)
Sec. 3.1-10-25.
Oath or affirmation.
Before entering upon the duties of
their respective offices, all municipal officers, whether elected or appointed,
shall take and subscribe the oath or affirmation required by the Illinois
Constitution. The subscribed oath or affirmation shall be filed in the office
of the municipal clerk.
(Source: P.A. 87-1119.)
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(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 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.)
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(65 ILCS 5/3.1-10-35) (from Ch. 24, par. 3.1-10-35)
Sec. 3.1-10-35.
Duty to successor.
Within 5 days after written notification
and request, a person who has been an officer of a municipality shall deliver
to the successor in office all property, books, and effects in the former
officer's possession, belonging to the municipality. A former officer who
violates this Section is liable for all the damages caused by the violation and
is subject to the penalty prescribed by ordinance.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-40) (from Ch. 24, par. 3.1-10-40)
Sec. 3.1-10-40.
Additional duties.
Every officer shall perform
duties in addition to those which may be prescribed by law, and be subject to
other
rules and regulations, as the corporate authorities may provide by ordinance.
(Source: P.A. 87-1119.)
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(65 ILCS 5/3.1-10-45) (from Ch. 24, par. 3.1-10-45)
Sec. 3.1-10-45.
Appointment of subordinates.
The municipal
comptroller (if there is one), municipal clerk, municipal treasurer, and city
collector, severally, shall appoint the various clerks and subordinates in
their respective offices authorized by the corporate authorities. Those
officers shall be held responsible, severally, for the fidelity of all persons
so appointed by them. This power, however, is subject to the provisions of
Division 1 of Article 10. The power of municipal clerks is also subject to the
provisions of Section 3.1-30-10.
(Source: P.A. 87-1119.)
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(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.
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| (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.
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| (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.
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| (4) Duty of the clerk. If a resignation is delivered
| | to the clerk of the municipality, the clerk shall forward a certified copy of the written resignation to the official who is authorized to fill the vacancy within 7 business days after receipt of the resignation.
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| (b) Vacancy by death or disability. A vacancy occurs in an office by reason
of the death of the incumbent. The date of the death may be established by the date shown on the death
certificate. A vacancy occurs in an office by permanent physical or
mental disability rendering the person incapable of performing the duties of the office.
The corporate authorities have the authority to make the determination whether an officer is incapable of performing the duties of the office because of a permanent physical or mental disability. A finding of mental disability shall not be made prior to the appointment by a court of a guardian ad litem for the officer or until a duly licensed
doctor certifies, in writing, that the officer is mentally impaired to the extent that the
officer is unable to effectively perform the duties of the office. If the corporate
authorities find that an officer is incapable of performing the duties of the office due to permanent
physical or mental disability, that person is removed from the office and the vacancy of the office occurs on the date of the determination.
(c) Vacancy by other causes.
(1) Abandonment and other causes. A vacancy occurs in
| | an office by reason of abandonment of office; removal from office; or failure to qualify; or more than temporary removal of residence from the municipality; or in the case of an alderman of a ward or councilman or trustee of a district, more than temporary removal of residence from the ward or district, as the case may be. The corporate 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).
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| (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.
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| (3) Election declared void. A vacancy occurs on the
| | date of the decision of a competent tribunal declaring the election of the officer void.
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| (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 alderman or trustee vacancy. An appointment by the
mayor or president or acting mayor or acting president, as the case may be, of a qualified person as described in Section 3.1-10-5 of this Code to fill a vacancy in the office of alderman or trustee must be made within 60 days after the vacancy occurs. Once the appointment of the qualified person has been forwarded to the corporate
authorities, the 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.
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| (2) Alderman or trustee. If the vacancy is in the
| | office of alderman or trustee, the vacancy must be filled by the mayor or president or acting mayor or acting president, as the case may be, in accordance with subsection (e).
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| (3) Other elective office. If the vacancy is in any
| | elective municipal office other than mayor or president or alderman or trustee, the mayor or president or acting mayor or acting president, as the case may be, must appoint a qualified person to hold the office until the office is filled by election, subject to the advice and consent of the city council or the board of trustees, as the case may be.
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| (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.
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| (2) Alderman or trustee. If the vacancy is in the
| | office of alderman or trustee, the vacancy must be filled by the mayor or president or acting mayor or acting president, as the case may be, in accordance with subsection (e).
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| (3) Other elective office. If the vacancy is in any
| | elective municipal office other than mayor or president or alderman or trustee, the mayor or president or acting mayor or acting president, as the case may be, must appoint a qualified person to hold the office until the office is filled by election, subject to the advice and consent of the city council or the board of trustees, as the case may be.
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| (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. 94-645, eff. 8-22-05; 95-646, eff. 1-1-08.)
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(65 ILCS 5/3.1-10-51)
Sec. 3.1-10-51. Vacancies in municipalities with a population of 500,000 or more.
(a) 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 alderman of a ward, removal of residence from the ward. 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.
(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 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. 95-646, eff. 1-1-08.)
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(65 ILCS 5/3.1-10-55) (from Ch. 24, par. 3.1-10-55)
Sec. 3.1-10-55.
Quorum to fill vacancies.
If there is a vacancy in an
elective office and, for any reason, there is not a quorum in office of the
corporate authorities, appointments to fill vacancies may be made or confirmed
by a majority of the corporate authorities holding office at the time the
appointment is made or confirmed.
(Source: P.A. 87-1119.)
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(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 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.)
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(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?
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(b) If a majority of the electors voting on the proposition vote
against it, the terms of the officers shall remain 4 years. If, however,
a majority of those voting on the proposition vote in favor of it, the
officers elected at the next regular election for officers in the
municipality shall hold their offices for a term of 2 years and until
their successors are elected and have qualified, except in the case of
trustees and aldermen. In the case of aldermen and trustees:
(i) at the first election of aldermen or trustees that occurs in
an odd numbered year following the vote to reduce the length of terms,
successors to 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 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.)
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(65 ILCS 5/3.1-10-70) (from Ch. 24, par. 3.1-10-70)
Sec. 3.1-10-70.
Elections for reduced 2 year terms.
In municipalities
that have provided for a 2 year term for elective officers
under Section 3.1-10-65, the first election for municipal officers
shall be held at the next general municipal election following the referendum
at which the terms of the elective officers were reduced. In those
municipalities,
general elections shall be held annually thereafter.
(Source: P.A. 87-1119.)
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(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?
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(b) If a majority of the electors voting on the proposition vote
against it, the terms of the officers shall remain 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 aldermen. In the case of aldermen and trustees:
(i) if the first election for aldermen or trustees, after
approval of the proposition, occurs in an even numbered year, the
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 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 aldermen or trustees, after approval of the
proposition, occurs in an odd numbered year, the 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 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.)
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