103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3904
 
Introduced 2/17/2023, by Rep. Terra Costa Howard
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Local Official Vacancy Posting Act. Provides that a unit of local government shall post every elected official vacancy on its website, if the full-time staff of the municipality maintain the website, and the county clerk shall also post the vacancy on the county clerk website. Provides that the unit of local government may not fill the vacancy until the posting has been on the municipality's website, or the county's website if the municipality does not have full-time staff maintaining a website, for at least 15 days. Limits home rule powers.
  


LRB103 26275 AWJ 52635 b

 
 
A BILL FOR
 

  
HB3904LRB103 26275 AWJ 52635 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
 
4    Section 1. Short title. This Act may be cited as the Local 
5Official Vacancy Posting Act.
 
6    Section 5. Posting of elected official  vacancies. A unit 
7of local government shall post every elected official vacancy 
8on its website, if the website is maintained by the unit of 
9local government's full-time staff. The posting shall remain 
10on the website until the vacancy is filled.
 
11    Section 10. Posting on county website. In addition to the 
12postings required under Section 5, a unit of local government 
13shall submit every elected official vacancy to the county 
14clerk in the county in which the unit is located and the county 
15clerk shall post the information on the county website. The 
16posting shall remain on the website until the unit of local 
17government informs the county clerk that the vacancy has been 
18filled.
 
19    Section 15. Filling of elected official  vacancies after 
20posting. If the unit of local government has a website 
21maintained by the unit of local government's full-time staff, 
 
 
HB3904- 2 -LRB103 26275 AWJ 52635 b

1then the unit of local government may not fill the vacancy 
2until the posting has been on the website for at least 15 days.


3If the unit of local government does not have a website 
4maintained by the unit of local government's full-time staff, 
5then the unit of local government may not fill the vacancy 
6until the posting has been on the county website for at least 
715 days.
 
8    Section 90. Home rule. A home rule unit may not regulate 
9the posting of elected official vacancies in a manner 
10inconsistent with this Act. This Act is a limitation under 
11subsection (i) of Section 6 of Article VII of the Illinois 
12Constitution on the concurrent exercise by home rule units of 
13powers and functions exercised by the State.