93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5060

 

Introduced 02/05/04, by Annazette Collins

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-10-5   from Ch. 24, par. 3.1-10-5
65 ILCS 5/3.1-20-25   from Ch. 24, par. 3.1-20-25
65 ILCS 5/3.1-25-75   from Ch. 24, par. 3.1-25-75

    Amends the Illinois Municipal Code. Provides that a person is not eligible for an elective municipal office unless the person is a qualified elector of the municipality and has resided in the municipality at least 2 years (now, one year) next preceding the election. Provides that, in the first election following a redistricting, (i) aldermen whose terms of office are not expiring shall be considered aldermen for the new wards in which they reside and (ii) a candidate for alderman may be elected from any ward in which the candidate resided for the 2 years before that election.


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A BILL FOR

 

HB5060 LRB093 20926 MKM 46902 b

1     AN ACT concerning municipalities.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Municipal Code is amended by
5 changing Sections 3.1-10-5, 3.1-20-25, and 3.1-25-75 as
6 follows:
 
7     (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
8     Sec. 3.1-10-5. Qualifications; elective office.
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 2
12 years one year next preceding the election.
13     (b) A person is not eligible for an elective municipal
14 office if that person is in arrears in the payment of a tax or
15 other indebtedness due to the municipality or has been
16 convicted in any court located in the United States of any
17 infamous crime, bribery, perjury, or other felony.
18     (c) A person is not eligible for the office of alderman of
19 a ward or trustee of a district unless that person has resided
20 in the municipality at least one year next preceding the
21 election or appointment, except as provided in subsection (b)
22 of Section 3.1-25-75.
23 (Source: P.A. 91-667, eff. 6-1-00.)
 
24     (65 ILCS 5/3.1-20-25)  (from Ch. 24, par. 3.1-20-25)
25     Sec. 3.1-20-25. Redistricting a city.
26     (a) In the formation of wards, the number of inhabitants of
27 the city immediately preceding the division of the city into
28 wards shall be as nearly equal in population, and the wards
29 shall be of as compact and contiguous territory, as
30 practicable. Wards shall be created in a manner so that, as far
31 as practicable, no precinct shall be divided between 2 or more

 

 

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1 wards.
2     (b) Whenever an official census shows that a city contains
3 more or fewer wards than it is entitled to, the city council of
4 the city, by ordinance, shall redistrict the city into as many
5 wards as the city is entitled. This redistricting shall be
6 completed not less than 30 days before the first day set by the
7 general election law for the filing of candidate petitions for
8 the next succeeding election for city officers. At this
9 election there shall be elected the number of aldermen to which
10 the city is entitled, except as provided in subsection (c).
11     (c) If it appears from any official census that a city has
12 the requisite number of inhabitants to authorize it to increase
13 the number of aldermen, the city council shall immediately
14 proceed to redistrict the city and shall hold the next city
15 election in accordance with the new redistricting. At this
16 election , (i) the aldermen whose terms of office are not
17 expiring shall be considered aldermen for the new wards
18 respectively in which their residences are situated and (ii) a
19 candidate for alderman may be elected from any ward in which he
20 or she resided for the 2 years before the election that follows
21 the redistricting. If there are 2 or more aldermen with terms
22 of office not expiring and residing in the same ward under the
23 new redistricting, the alderman who holds over for that ward
24 shall be determined by lot in the presence of the city council,
25 in the manner directed by the council, and all other aldermen
26 shall fill their unexpired terms as aldermen-at-large. The
27 aldermen-at-large, if any, shall have the same powers and
28 duties as all other aldermen, but upon the expiration of their
29 terms the offices of aldermen-at-large shall be abolished.
30     (d) If the redistricting results in one or more wards in
31 which no aldermen reside whose terms of office have not
32 expired, 2 aldermen shall be elected in accordance with Section
33 3.1-20-35, unless the city elected only one alderman per ward
34 pursuant to a referendum under subsection (a) of Section
35 3.1-20-20.
36     (e) A redistricting ordinance that has decreased the number

 

 

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1 of wards of a city because of a decrease in population of the
2 city shall not be effective if, not less than 60 days before
3 the time fixed for the next succeeding general municipal
4 election, an official census is officially published that shows
5 that the city has regained a population that entitles it to the
6 number of wards that it had just before the passage of the last
7 redistricting ordinance.
8 (Source: P.A. 87-1119.)
 
9     (65 ILCS 5/3.1-25-75)  (from Ch. 24, par. 3.1-25-75)
10     Sec. 3.1-25-75. Districts; election of trustees.
11     (a) After a village with a population of 5,000 or more
12 adopts the provisions of this Section in the manner prescribed
13 in Section 3.1-25-80, the board of trustees by ordinance shall
14 divide and, whenever necessary thereafter, shall redistrict
15 the village into 6 compact and contiguous districts of
16 approximately equal population as required by law. This
17 redistricting shall be completed not less than 30 days before
18 the first day for the filing of nominating petitions for the
19 next succeeding election of village officers held in accordance
20 with the general election law.
21     (b) Each of the districts shall be represented by one
22 trustee who shall have been an actual resident of the district
23 for at least 2 years 6 months immediately before his or her
24 election in the first election after a redistricting. Only the
25 electors of a district shall elect the trustee from that
26 district.
27     (c) The provisions of this Code relating to terms of office
28 of aldermen in cities shall also apply to the terms of office
29 of trustees under this Section.
30 (Source: P.A. 87-1119.)