Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(60 ILCS 1/60-5)
Sec. 60-5. Filling vacancies in township offices. (a) Except for the office of
township or multi-township assessor, if a township fails to elect the number of
township officers that the township is entitled to by law, or a person elected
to any township office fails to qualify, or a vacancy in any township office
occurs for any other reason including without limitation the resignation of an officer or the conviction in any court of the State of Illinois or of the United States of an officer for an infamous crime, then the township board shall fill the vacancy by
appointment, by warrant under their signatures and seals, and the persons so
appointed shall hold their respective offices for the remainder of the
unexpired terms. All persons so appointed shall have the same powers and
duties and are subject to the same penalties as if they had been elected or
appointed for a full term of office. A vacancy in the office of township or
multi-township assessor shall be filled only as provided in the Property Tax
Code.
For purposes of this subsection (a), a conviction for an offense that disqualifies an officer from holding that office occurs on the date of (i) the entry of a plea of guilty in court, (ii) the return of a guilty verdict, or (iii) in the case of a trial by the court, the entry of a finding of guilt. (b) If a vacancy on the township board is not filled within 60 days, then a
special township meeting must be called under Section 35-5 to select a
replacement under Section 35-35.
(b-5) If the vacancy being filled under subsection (a) or (b) is for the township supervisor, a trustee shall be appointed as deputy supervisor to perform the ministerial functions of that office until the vacancy is filled under subsections (a) or (b). Once the vacancy is filled under subsections (a) or (b), the deputy supervisor's appointment is terminated. (c) Except as otherwise provided in this Section, whenever any township or
multi-township office becomes vacant or temporarily vacant, the township or multi-township board may
temporarily appoint a deputy to perform the ministerial functions of the vacant
office until the vacancy has been filled as provided in subsection (a) or (b). If the office is temporarily vacant, the temporarily appointed deputy may perform the ministerial functions of the vacant office until the township officer submits a written
statement to the appropriate board that he or she is able to resume
his or her duties. The statement shall be sworn to before an officer authorized
to administer oaths in this State. A temporary deputy shall not be permitted
to vote at any meeting of the township board on any matter properly before the
board unless the appointed deputy is a trustee of the board at the time of the vote. If the appointed deputy is a trustee appointed as a temporary deputy, his or her trustee compensation shall be suspended until he or she concludes his or her appointment as an appointed deputy upon the permanent appointment to fill the vacancy. The compensation of a temporary deputy shall be determined by the
appropriate board. The township board shall not appoint a deputy clerk if
the township clerk has appointed a deputy clerk under Section 75-45.
(d) Except for the temporary appointment of a deputy under subsection (c), any person appointed to fill a vacancy under this Section shall be a
member of the same political party as the person vacating the office if the
person vacating the office was elected as a member of an established
political party, under Section 10-2 of the Election Code, that is
still in existence at the time of appointment. The appointee shall
establish his or her political party affiliation by his or her record
of voting in party primary
elections or
by holding or having held an office in a political party organization before
appointment. If the appointee has not voted in a party primary election
or
is not holding
or has not held an office in a political party organization before the
appointment, then the
appointee shall establish his or her political party affiliation by his or her
record of
participating in a political party's nomination or election caucus.
(Source: P.A. 101-104, eff. 7-19-19.)
|
