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90_SB1225
10 ILCS 5/25-2 from Ch. 46, par. 25-2
65 ILCS 5/3.1-10-50
Amends the Election Code and the Illinois Municipal Code.
Provides that a conviction for an offense that disqualifies
an office holder from holding his or her office shall occur
on the date of the return of a guilty verdict or the entry of
a finding of guilt. Further amends the Illinois Municipal
Code to provide that admission of guilt of a criminal offense
that disqualifies an office holder from holding his or her
office, in the form of a written agreement to plead guilty to
a felony, bribery, perjury, or other infamous crime, shall
constitute a resignation from office. Effective immediately.
LRB9005893MWsb
LRB9005893MWsb
1 AN ACT in relation to public officials.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Section 25-2 as follows:
6 (10 ILCS 5/25-2) (from Ch. 46, par. 25-2)
7 Sec. 25-2. Events on which an elective office becomes
8 vacant. Every elective office shall become vacant on the
9 happening of any of the following events before the
10 expiration of the term of such office:
11 (1) The death of the incumbent.
12 (2) His or her resignation.
13 (3) His or her becoming a person under legal
14 disability.
15 (4) His or her ceasing to be an inhabitant of the
16 State; or if the office is local, his or her ceasing to
17 be an inhabitant of the district, county, town, or
18 precinct for which he or she was elected; provided, that
19 the provisions of this paragraph shall not apply to
20 township officers whose township boundaries are changed
21 in accordance with Section 10-20 of the Township Code,
22 nor to township or multi-township assessors elected under
23 Sections 2-5 through 2-15 of the Property Tax Code.
24 (5) His or her conviction of an infamous crime, or
25 of any offense involving a violation of official oath.
26 (6) His or her removal from office.
27 (7) His or her refusal or neglect to take his or
28 her oath of office, or to give or renew his or her
29 official bond, or to deposit or file such oath or bond
30 within the time prescribed by law.
31 (8) The decision of a competent tribunal declaring
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1 his or her election void.
2 No elective office, except as herein otherwise provided,
3 shall become vacant until the successor of the incumbent of
4 such office has been appointed or elected, as the case may
5 be, and qualified.
6 An unconditional resignation, effective at a future date,
7 may not be withdrawn after it is received by the officer
8 authorized to fill the vacancy. Such resignation shall
9 create a vacancy in office for the purpose of determining the
10 time period which would require an election. The resigning
11 office holder may continue to hold such office until the date
12 or event specified in such resignation, but no later than the
13 date at which his or her successor is elected and qualified.
14 An admission of guilt of a criminal offense that would,
15 upon conviction, disqualify the holder of an elective office
16 from holding that office, in the form of a written agreement
17 with State or federal prosecutors to plead guilty to a
18 felony, bribery, perjury, or other infamous crime under State
19 or federal law, shall constitute a resignation from that
20 office, effective at the time the plea agreement is made.
21 For purposes of this Section, a conviction for an offense
22 that disqualifies the holder of an elective office from
23 holding that office shall occur on the date of the return of
24 a guilty verdict or, in the case of a trial by the court, the
25 entry of a finding of guilt.
26 (Source: P.A. 88-419; 88-670, eff. 12-2-94.)
27 Section 10. The Illinois Municipal Code is amended by
28 changing Section 3.1-10-50 as follows:
29 (65 ILCS 5/3.1-10-50)
30 Sec. 3.1-10-50. Vacancies.
31 (a) A municipal officer may resign from office. A
32 vacancy occurs in an office by reason of resignation, failure
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1 to elect or qualify (in which case the incumbent shall remain
2 in office until the vacancy is filled), death, permanent
3 physical or mental disability rendering the person incapable
4 of performing the duties of his or her office, conviction of
5 a disqualifying crime, abandonment of office, removal from
6 office, or removal of residence from the municipality or, in
7 the case of aldermen of a ward or trustees of a district,
8 removal of residence from the ward or district, as the case
9 may be. An admission of guilt of a criminal offense that
10 would, upon conviction, disqualify the municipal officer from
11 holding that office, in the form of a written agreement with
12 State or federal prosecutors to plead guilty to a felony,
13 bribery, perjury, or other infamous crime under State or
14 federal law, shall constitute a resignation from that office,
15 effective at the time the plea agreement is made. For
16 purposes of this Section, a conviction for an offense that
17 disqualifies the municipal officer from holding that office
18 shall occur on the date of the return of a guilty verdict or,
19 in the case of a trial by the court, the entry of a finding
20 of guilt.
21 (b) If a vacancy occurs in an elective municipal office
22 with a 4-year term and there remains an unexpired portion of
23 the term of at least 28 months, and the vacancy occurs at
24 least 130 days before the general municipal election next
25 scheduled under the general election law, the vacancy shall
26 be filled for the remainder of the term at that general
27 municipal election. Whenever an election is held for this
28 purpose, the municipal clerk shall certify the office to be
29 filled and the candidates for the office to the proper
30 election authorities as provided in the general election law.
31 If the vacancy is in the office of mayor, the city council
32 shall elect one of their members acting mayor; if the vacancy
33 is in the office of president, the vacancy shall be filled by
34 the appointment of an acting president by the trustees. The
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1 acting mayor or acting president shall perform the duties and
2 possess all the rights and powers of the mayor or president
3 until a successor to fill the vacancy has been elected and
4 has qualified. If the vacancy is in any other elective
5 municipal office, then until the office is filled by
6 election, the mayor or president shall appoint a qualified
7 person to the office subject to the advice and consent of the
8 city council or trustees.
9 (c) In a 2 year term, or if the vacancy occurs later
10 than the time provided in subsection (b) in a 4 year term, a
11 vacancy in the office of mayor shall be filled by the
12 corporate authorities electing one of their members acting
13 mayor; if the vacancy is in the office of president, the
14 vacancy shall be filled by the appointment of an acting
15 president by the trustees. The acting mayor or acting
16 president shall perform the duties and possess all the rights
17 and powers of the mayor or president until a mayor or
18 president is elected at the next general municipal election
19 and has qualified. A vacancy in any elective office other
20 than mayor or president shall be filled by appointment by the
21 mayor or president, with the advice and consent of the
22 corporate authorities.
23 (d) Municipal officers appointed or elected under this
24 Section shall hold office until their successors are elected
25 and have qualified.
26 (e) An appointment to fill a vacancy in the office of
27 alderman shall be made within 60 days after the vacancy
28 occurs. The requirement that an appointment be made within
29 60 days is an exclusive power and function of the State and
30 is a denial and limitation under Article VII, Section 6,
31 subsection (h) of the Illinois Constitution of the power of a
32 home rule municipality to require that an appointment be made
33 within a different period after the vacancy occurs.
34 (Source: P.A. 87-1052; 87-1119; 88-45.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.