State of Illinois
92nd General Assembly
Legislation

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92_HB1008eng

 
HB1008 Engrossed                              LRB9201943MWdvA

 1        AN ACT concerning county commissioners.

 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 25-11 as follows:

 6        (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
 7        Sec. 25-11.  When a vacancy occurs in any elective county
 8    office,  or  in a county of less than 3,000,000 population in
 9    the office of clerk of the circuit court, in a  county  which
10    is  not a home rule unit, the county board or board of county
11    commissioners shall declare  that  such  vacancy  exists  and
12    notification  thereof  shall  be  given to the county central
13    committee or the appropriate county board or board of  county
14    commissioners   district   committee   of   each  established
15    political party within  3  days  of  the  occurrence  of  the
16    vacancy.   The  vacancy  shall  be  filled  within 60 days by
17    appointment of the chairman of the county board or  board  of
18    county  commissioners  with  the  advice  and  consent of the
19    county board or board of county commissioners.  The appointee
20    shall be a member of the same political party as  the  person
21    he  succeeds  was  at  the  time of his election and shall be
22    otherwise eligible to serve. The appointee  shall  serve  the
23    remainder  of  the  unexpired term.  However, if more than 28
24    months remain in the term, the appointment shall be until the
25    next general election at which time the vacated office  shall
26    be  filled by election for the remainder of the term.  In the
27    case of a vacancy in a seat on a county  board  or  board  of
28    county  commissioners  which  has been divided into districts
29    under Section 2-3003 or 2-4006.5 of the Counties Code "An Act
30    relating to the composition of an election of  county  boards
31    in  certain  counties", approved October 2, 1969, as amended,
 
HB1008 Engrossed            -2-               LRB9201943MWdvA
 1    the appointee must also be a resident of the county board  or
 2    county  commission  district. If a county commissioner ceases
 3    to reside in the  district  that  he  or  she  represents,  a
 4    vacancy in that office exists.
 5        Except  as  otherwise  provided by county ordinance or by
 6    law, in any county which is a home rule  unit,  vacancies  in
 7    elective  county  offices,  other  than  the  office of chief
 8    executive officer, and vacancies in the office  of  clerk  of
 9    the  circuit  court  in  a  county  of  less  than  3,000,000
10    population,  shall  be filled by the county board or board of
11    county commissioners.
12    (Source: P.A. 90-672, eff. 7-31-98.)

13        Section 10.  The Counties Code  is  amended  by  changing
14    Sections 2-4006 and 2-4006.5 as follows:

15        (55 ILCS 5/2-4006)
16        Sec.  2-4006.  Terms  of  commissioners.   (a)   In every
17    county not under township organization having 3 commissioners
18    elected at large as described in subsection (b) or  (c),  the
19    commissioners shall be elected as provided in this Section.
20        (b)  In a county in which one commissioner was elected at
21    the  general  election in 1992 to serve for a term of 4 years
22    and in which 2 commissioners will be elected at  the  general
23    election  in  1994,  the  commissioner  elected  in  1994 and
24    receiving the greatest number of votes shall serve for a term
25    of 6 years.  The other commissioner  elected  in  1994  shall
26    serve for a term of 4 years.  At the general election in 1996
27    and  at  each  general  election thereafter, one commissioner
28    shall be elected to serve for a term of 6 years.
29        (c)  In a county in which 2 commissioners were elected at
30    the general election in 1992 to serve for terms  of  4  years
31    and  in which one commissioner will be elected at the general
32    election in 1994, the  commissioner  elected  in  1994  shall
 
HB1008 Engrossed            -3-               LRB9201943MWdvA
 1    serve  for  a  term  of 4 years.  The commissioner elected in
 2    1996 and receiving the greatest number of votes  shall  serve
 3    for  a  term  of  6 years.  The other commissioner elected in
 4    1996 shall serve for a term  of  4  years.   At  the  general
 5    election in 1998 and at each general election thereafter, one
 6    commissioner shall be elected to serve for a term of 6 years.
 7        (d)  The  provisions  of  this  Section  do  not apply to
 8    commissioners elected under Section 2-4006.5 of this Code.
 9    (Source: P.A. 88-572, eff. 8-11-94.)

10        (55 ILCS 5/2-4006.5)
11        Sec. 2-4006.5. Commissioners in certain counties.
12        (a)  If a county elects 3 commissioners  at  large  under
13    Section  2-4006,  registered  voters of such county may, by a
14    vote of a majority  of  those  voting  on  such  proposition,
15    determine  to  change  the  method  of  electing the board of
16    county commissioners by electing either 3 or 5  members  from
17    single  member  districts.  In  order for such question to be
18    placed upon  the  ballot,  such  petition  must  contain  the
19    signatures  of not fewer than 10% of the registered voters of
20    such county.
21        Commissioners may  not  be  elected  from  single  member
22    districts  until  the  question  of  electing  either  3 or 5
23    commissioners from single member districts has been submitted
24    to the electors of the  county  at  a  regular  election  and
25    approved  by  a  majority  of  the  electors  voting  on  the
26    question.  The commissioners must certify the question to the
27    proper  election authority, which must submit the question at
28    an election in accordance with the Election Code.
29        The question must be in substantially the following form:
30             Shall the board of county commissioners of (name  of
31        county)  consist  of (insert either 3 or 5) commissioners
32        elected from single member districts?
33    The votes must be recorded as "Yes" or "No".
 
HB1008 Engrossed            -4-               LRB9201943MWdvA
 1        If a majority of the electors voting on the question vote
 2    in the affirmative, a 3-member or 5-member  board  of  county
 3    commissioners, as the case may be, shall be established to be
 4    elected from single member districts.
 5        (b)  If the voters of the county decide to elect either 3
 6    or 5 commissioners from single member districts, the board of
 7    county commissioners shall on or before August 31 of the year
 8    following the 2000 federal decennial census divide the county
 9    into  either  3 or 5 compact and contiguous county commission
10    districts that are substantially equal in population.  On  or
11    before  May  31  of the year following each federal decennial
12    census thereafter, the board of  county  commissioners  shall
13    reapportion  the  county  commission districts to be compact,
14    contiguous, and substantially equal in population.
15        (c)  The commissioners elected at large at or before  the
16    general  election  in  2000 shall continue to serve until the
17    expiration  of  their  terms.  Of  those  commissioners,  the
18    commissioner whose term expires in 2002 shall be assigned  to
19    district 1; the commissioner whose term expires in 2004 shall
20    be  assigned  to  district 2; and the commissioner whose term
21    expires in 2006 shall be assigned to district 3.
22        (d)  If the voters  of  the  county  decide  to  elect  5
23    commissioners  from  single  member districts, at the general
24    election in 2002, one commissioner from and residing in  each
25    of  districts  1,  4, and 5 shall be elected.  At the general
26    election in 2004, one commissioner from and residing in  each
27    of  districts  1,  2, and 5 shall be elected.  At the general
28    election in 2006, one commissioner from and residing in  each
29    of  districts  2,  3, and 4 shall be elected.  At the general
30    election in 2008, one commissioner from and residing in  each
31    of  districts  1,  3, and 5 shall be elected.  At the general
32    election in 2010, one commissioner from each of  districts  2
33    and  4  shall  be  elected.  At the general election in 2012,
34    commissioners from and residing in  each  district  shall  be
 
HB1008 Engrossed            -5-               LRB9201943MWdvA
 1    elected.   Thereafter, commissioners shall be elected at each
 2    general election to fill  expired  terms.  Each  commissioner
 3    must  reside  in  the district that he or she represents from
 4    the time that he or she files his or  her  nomination  papers
 5    until his or her term expires.
 6        In  the  year  following the decennial census of 2010 and
 7    every 10 years thereafter,  the  commissioners,  publicly  by
 8    lot,  shall  divide  the  districts into 2 groups.  One group
 9    shall serve terms of 4 years, 4 years, and 2  years  and  one
10    group shall serve terms of 2 years, 4 years, and 4 years.
11    (Source: P.A. 91-846, eff. 6-22-00.)

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.

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