Illinois General Assembly - Full Text of HB4697
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Full Text of HB4697  100th General Assembly




HB4697 EngrossedLRB100 17110 AWJ 32262 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 5. The Township Code is amended by changing Section
560-5 as follows:
6    (60 ILCS 1/60-5)
7    Sec. 60-5. Filling vacancies in township offices.
8    (a) Except for the office of township or multi-township
9assessor, if a township fails to elect the number of township
10officers that the township is entitled to by law, or a person
11elected to any township office fails to qualify, or a vacancy
12in any township office occurs for any other reason including
13without limitation the resignation of an officer or the
14conviction in any court of the State of Illinois or of the
15United States of an officer for an infamous crime, then the
16township board shall fill the vacancy by appointment, by
17warrant under their signatures and seals, and the persons so
18appointed shall hold their respective offices for the remainder
19of the unexpired terms. All persons so appointed shall have the
20same powers and duties and are subject to the same penalties as
21if they had been elected or appointed for a full term of
22office. A vacancy in the office of township or multi-township
23assessor shall be filled only as provided in the Property Tax



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2    For purposes of this subsection (a), a conviction for an
3offense that disqualifies an officer from holding that office
4occurs on the date of (i) the entry of a plea of guilty in
5court, (ii) the return of a guilty verdict, or (iii) in the
6case of a trial by the court, the entry of a finding of guilt.
7    (b) If a vacancy on the township board is not filled within
860 days, then a special township meeting must be called under
9Section 35-5 to select a replacement under Section 35-35.
10    (b-5) If the vacancy being filled under subsection (a) or
11(b) is for the township supervisor, the appointed member shall
12fulfill the bond requirement under Section 70-5 of this Code.
13The appointed supervisor may be a trustee appointed by a
14majority vote of the trustees and shall have one vote on each
15matter properly before the board.
16    (c) Except as otherwise provided in this Section, whenever
17any township or multi-township office becomes vacant or
18temporarily vacant due to a physical incapacity of a township
19officer, the township or multi-township board may temporarily
20appoint a deputy to perform the ministerial functions of the
21vacant office until the vacancy has been filled as provided in
22subsection (a) or (b). Whenever any township or multi-township
23office becomes vacant or temporarily vacant due to the physical
24incapacity of a township officer, the township or
25multi-township board may temporarily appoint a deputy to
26perform the ministerial functions of the vacant office until



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1the physically incapacitated township officer submits a
2written statement to the appropriate board that he or she is
3physically able to perform his or her duty. The statement shall
4be sworn to before an officer authorized to administer oaths in
5this State. A temporary deputy shall not be permitted to vote
6at any meeting of the township board on any matter properly
7before the board unless the appointed deputy is a trustee of
8the board at the time of the vote. If the appointed deputy is a
9trustee appointed as a temporary deputy, his or her trustee
10compensation shall be suspended until he or she concludes his
11or her appointment as an appointed deputy upon the permanent
12appointment to fill the vacancy. The compensation of a
13temporary deputy shall be determined by the appropriate board.
14The township board shall not appoint a deputy clerk if the
15township clerk has appointed a deputy clerk under Section
17    (d) Except for the temporary appointment of a deputy under
18subsection (c), any Any person appointed to fill a vacancy
19under this Section shall be a member of the same political
20party as the person vacating the office if the person vacating
21the office was elected as a member of an established political
22party, under Section 10-2 of the Election Code, that is still
23in existence at the time of appointment. The appointee shall
24establish his or her political party affiliation by his or her
25record of voting in party primary elections or by holding or
26having held an office in a political party organization before



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1appointment. If the appointee has not voted in a party primary
2election or is not holding or has not held an office in a
3political party organization before the appointment, then the
4appointee shall establish his or her political party
5affiliation by his or her record of participating in a
6political party's nomination or election caucus.
7(Source: P.A. 97-295, eff. 1-1-12.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.