Public Act 095-0646
 
HB0962 Enrolled LRB095 05356 JAM 25441 b

    AN ACT concerning vacancies in public office.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing Section
25-2 as follows:
 
    (10 ILCS 5/25-2)  (from Ch. 46, par. 25-2)
    Sec. 25-2. Events on which an elective office becomes
vacant. Every elective office shall become vacant on the
happening of any of the following events before the expiration
of the term of such office:
        (1) The death of the incumbent.
        (2) His or her resignation.
        (3) His or her becoming a person under legal
    disability.
        (4) His or her ceasing to be an inhabitant of the
    State; or if the office is local, his or her ceasing to be
    an inhabitant of the district, county, town, or precinct
    for which he or she was elected; provided, that the
    provisions of this paragraph shall not apply to township
    officers whose township boundaries are changed in
    accordance with Section 10-20 of the Township Code, to a
    township officer after disconnection as set forth in
    Section 15-17 of the Township Code, nor to township or
    multi-township assessors elected under Sections 2-5
    through 2-15 of the Property Tax Code.
        (5) His or her conviction of an infamous crime, or of
    any offense involving a violation of official oath.
        (6) His or her removal from office.
        (7) His or her refusal or neglect to take his or her
    oath of office, or to give or renew his or her official
    bond, or to deposit or file such oath or bond within the
    time prescribed by law.
        (8) The decision of a competent tribunal declaring his
    or her election void.
    No elective office, except as herein otherwise provided,
shall become vacant until the successor of the incumbent of
such office has been appointed or elected, as the case may be,
and qualified.
    An unconditional resignation, effective at a future date,
may not be withdrawn after it is received by the officer
authorized to fill the vacancy. Such resignation shall create a
vacancy in office for the purpose of determining the time
period which would require an election. The resigning office
holder may continue to hold such office until the date or event
specified in such resignation, but no later than the date at
which his or her successor is elected and qualified.
    An admission of guilt of a criminal offense that would,
upon conviction, disqualify the holder of an elective office
from holding that office, in the form of a written agreement
with State or federal prosecutors to plead guilty to a felony,
bribery, perjury, or other infamous crime under State or
federal law, shall constitute a resignation from that office,
effective at the time the plea agreement is made.
    For purposes of this Section, a conviction for an offense
that disqualifies the holder of an elective office from holding
that office shall occur on the date of the return of a guilty
verdict or, in the case of a trial by the court, the entry of a
finding of guilt.
    This Section does not apply to any elected or appointed
officers or officials of any municipality having a population
under 500,000.
(Source: P.A. 94-529, eff. 8-10-05.)
 
    Section 10. The Illinois Municipal Code is amended by
changing Sections 3.1-10-5, 3.1-10-50, 3.1-20-25, 3.1-25-75,
5-2-11, and 5-2-15 and by adding Section 3.1-10-51 as follows:
 
    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
    Sec. 3.1-10-5. Qualifications; elective office.
    (a) A person is not eligible for an elective municipal
office unless that person is a qualified elector of the
municipality and has resided in the municipality at least one
year next preceding the election or appointment, except as
provided in subsection (c) of Section 3.1-20-25, subsection (b)
of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
    (b) A person is not eligible for an elective municipal
office if that person is in arrears in the payment of a tax or
other indebtedness due to the municipality or has been
convicted in any court located in the United States of any
infamous crime, bribery, perjury, or other felony.
    (c) A person is not eligible for the office of alderman of
a ward unless that person has resided in the ward that the
person seeks to represent, and a person is not eligible for the
office of trustee of a district unless that person has resided
in the municipality, at least one year next preceding the
election or appointment, except as provided in subsection (c)
of Section 3.1-20-25, subsection (b) of Section 3.1-25-75,
Section 5-2-2, or Section 5-2-11.
(Source: P.A. 93-847, eff. 7-30-04.)
 
    (65 ILCS 5/3.1-10-50)
    Sec. 3.1-10-50. Events upon which an elective office
becomes vacant in municipality with population under 500,000
Vacancies.
    (a) Vacancy by resignation. A resignation is not effective
unless it is in writing, signed by the person holding the
elective office, and notarized.
        (1) Unconditional resignation. An unconditional
    resignation by a person holding the elective office may
    specify a future date, not later than 60 days after the
    date the resignation is received by the officer authorized
    to fill the vacancy, at which time it becomes operative,
    but the resignation may not be withdrawn after it is
    received by the officer authorized to fill the vacancy. The
    effective date of a resignation that does not specify a
    future date at which it becomes operative is the date the
    resignation is received by the officer authorized to fill
    the vacancy. The effective date of a resignation that has a
    specified future effective date is that specified future
    date or the date the resignation is received by the officer
    authorized to fill the vacancy, whichever date occurs
    later.
        (2) Conditional resignation. A resignation that does
    not become effective unless a specified event occurs can be
    withdrawn at any time prior to the occurrence of the
    specified event, but if not withdrawn, the effective date
    of the resignation is the date of the occurrence of the
    specified event or the date the resignation is received by
    the officer authorized to fill the vacancy, whichever date
    occurs later.
        (3) Vacancy upon the effective date. For the purpose of
    determining the time period that would require an election
    to fill the vacancy by resignation or the commencement of
    the 60-day time period referred to in subsection (e), the
    resignation of an elected officer is deemed to have created
    a vacancy as of the effective date of the resignation.
        (4) Duty of the clerk. If a resignation is delivered to
    the clerk of the municipality, the clerk shall forward a
    certified copy of the written resignation to the official
    who is authorized to fill the vacancy within 7 business
    days after receipt of the resignation.
    (b) Vacancy by death or disability. A vacancy occurs in an
office by reason of the death of the incumbent. The date of the
death may be established by the date shown on the death
certificate. A vacancy occurs in an office by permanent
physical or mental disability rendering the person incapable of
performing the duties of the office. The corporate authorities
have the authority to make the determination whether an officer
is incapable of performing the duties of the office because of
a permanent physical or mental disability. A finding of mental
disability shall not be made prior to the appointment by a
court of a guardian ad litem for the officer or until a duly
licensed doctor certifies, in writing, that the officer is
mentally impaired to the extent that the officer is unable to
effectively perform the duties of the office. If the corporate
authorities find that an officer is incapable of performing the
duties of the office due to permanent physical or mental
disability, that person is removed from the office and the
vacancy of the office occurs on the date of the determination.
    (c) Vacancy by other causes.
        (1) Abandonment and other causes. A vacancy occurs in
    an office by reason of abandonment of office; removal from
    office; or failure to qualify; or more than temporary
    removal of residence from the municipality; or in the case
    of an alderman of a ward or councilman or trustee of a
    district, more than temporary removal of residence from the
    ward or district, as the case may be. The corporate
    authorities have the authority to determine whether a
    vacancy under this subsection has occurred. If the
    corporate authorities determine that a vacancy exists, the
    office is deemed vacant as of the date of that
    determination for all purposes including the calculation
    under subsections (e), (f), and (g).
        (2) Guilty of a criminal offense. An admission of guilt
    of a criminal offense that upon conviction would disqualify
    the municipal officer from holding the office, in the form
    of a written agreement with State or federal prosecutors to
    plead guilty to a felony, bribery, perjury, or other
    infamous crime under State or federal law, constitutes a
    resignation from that office, effective on the date the
    plea agreement is made. For purposes of this Section, a
    conviction for an offense that disqualifies a municipal
    officer from holding that office occurs on the date of the
    return of a guilty verdict or, in the case of a trial by
    the court, on the entry of a finding of guilt.
        (3) Election declared void. A vacancy occurs on the
    date of the decision of a competent tribunal declaring the
    election of the officer void.
    (d) Election of an acting mayor or acting president. The
election of an acting mayor or acting president pursuant to
subsection (f) or (g) does not create a vacancy in the original
office of the person on the city council or as a trustee, as
the case may be, unless the person resigns from the original
office following election as acting mayor or acting president.
If the person resigns from the original office following
election as acting mayor or acting president, then the original
office must be filled pursuant to the terms of this Section and
the acting mayor or acting president shall exercise the powers
of the mayor or president and shall vote and have veto power in
the manner provided by law for a mayor or president. If the
person does not resign from the original office following
election as acting mayor or acting president, then the acting
mayor or acting president shall exercise the powers of the
mayor or president but shall be entitled to vote only in the
manner provided for as the holder of the original office and
shall not have the power to veto. If the person does not resign
from the original office following election as acting mayor or
acting president, and if that person's original term of office
has not expired when a mayor or president is elected and has
qualified for office, the acting mayor or acting-president
shall return to the original office for the remainder of the
term thereof.
    (e) Appointment to fill alderman or trustee vacancy. An
appointment by the mayor or president or acting mayor or acting
president, as the case may be, of a qualified person as
described in Section 3.1-10-5 of this Code to fill a vacancy in
the office of alderman or trustee must be made within 60 days
after the vacancy occurs. Once the appointment of the qualified
person has been forwarded to the corporate authorities, the
corporate authorities shall act upon the appointment within 30
days. If the appointment fails to receive the advice and
consent of the corporate authorities within 30 days, the mayor
or president or acting mayor or acting president shall appoint
and forward to the corporate authorities a second qualified
person as described in Section 3.1-10-5. Once the appointment
of the second qualified person has been forwarded to the
corporate authorities, the corporate authorities shall act
upon the appointment within 30 days. If the appointment of the
second qualified person also fails to receive the advice and
consent of the corporate authorities, then the mayor or
president or acting mayor or acting president, without the
advice and consent of the corporate authorities, may make a
temporary appointment from those persons who were appointed but
whose appointments failed to receive the advice and consent of
the corporate authorities. The person receiving the temporary
appointment shall serve until an appointment has received the
advice and consent and the appointee has qualified or until a
person has been elected and has qualified, whichever first
occurs.
    (f) Election to fill vacancies in municipal offices with
4-year terms. If a vacancy occurs in an elective municipal
office with a 4-year term and there remains an unexpired
portion of the term of at least 28 months, and the vacancy
occurs at least 130 days before the general municipal election
next scheduled under the general election law, then the vacancy
shall be filled for the remainder of the term at that general
municipal election. Whenever an election is held for this
purpose, the municipal clerk shall certify the office to be
filled and the candidates for the office to the proper election
authorities as provided in the general election law. If a
vacancy occurs with less than 28 months remaining in the
unexpired portion of the term or less than 130 days before the
general municipal election, then:
        (1) Mayor or president. If the vacancy is in the office
    of mayor or president, the vacancy must be filled by the
    corporate authorities electing one of their members as
    acting mayor or acting president. Except as set forth in
    subsection (d), the acting mayor or acting president shall
    perform the duties and possess all the rights and powers of
    the mayor or president until a mayor or president is
    elected at the next general municipal election and has
    qualified. However, in villages with a population of less
    than 5,000, if each of the trustees either declines the
    election as acting president or is not elected by a
    majority vote of the trustees presently holding office,
    then the trustees may elect, as acting president, any other
    village resident who is qualified to hold municipal office,
    and the acting president shall exercise the powers of the
    president and shall vote and have veto power in the manner
    provided by law for a president.
        (2) Alderman or trustee. If the vacancy is in the
    office of alderman or trustee, the vacancy must be filled
    by the mayor or president or acting mayor or acting
    president, as the case may be, in accordance with
    subsection (e).
        (3) Other elective office. If the vacancy is in any
    elective municipal office other than mayor or president or
    alderman or trustee, the mayor or president or acting mayor
    or acting president, as the case may be, must appoint a
    qualified person to hold the office until the office is
    filled by election, subject to the advice and consent of
    the city council or the board of trustees, as the case may
    be.
    (g) Vacancies in municipal offices with 2-year terms. In
the case of an elective municipal office with a 2-year term, if
the vacancy occurs at least 130 days before the general
municipal election next scheduled under the general election
law, the vacancy shall be filled for the remainder of the term
at that general municipal election. If the vacancy occurs less
than 130 days before the general municipal election, then:
        (1) Mayor or president. If the vacancy is in the office
    of mayor or president, the vacancy must be filled by the
    corporate authorities electing one of their members as
    acting mayor or acting president. Except as set forth in
    subsection (d), the acting mayor or acting president shall
    perform the duties and possess all the rights and powers of
    the mayor or president until a mayor or president is
    elected at the next general municipal election and has
    qualified. However, in villages with a population of less
    than 5,000, if each of the trustees either declines the
    election as acting president or is not elected by a
    majority vote of the trustees presently holding office,
    then the trustees may elect, as acting president, any other
    village resident who is qualified to hold municipal office,
    and the acting president shall exercise the powers of the
    president and shall vote and have veto power in the manner
    provided by law for a president.
        (2) Alderman or trustee. If the vacancy is in the
    office of alderman or trustee, the vacancy must be filled
    by the mayor or president or acting mayor or acting
    president, as the case may be, in accordance with
    subsection (e).
        (3) Other elective office. If the vacancy is in any
    elective municipal office other than mayor or president or
    alderman or trustee, the mayor or president or acting mayor
    or acting president, as the case may be, must appoint a
    qualified person to hold the office until the office is
    filled by election, subject to the advice and consent of
    the city council or the board of trustees, as the case may
    be.
    (h) In cases of vacancies arising by reason of an election
being declared void pursuant to paragraph (3) of subsection
(c), persons holding elective office prior thereto shall hold
office until their successors are elected and qualified or
appointed and confirmed by advice and consent, as the case may
be.
    (i) This Section applies only to municipalities with
populations under 500,000.
    (a) A municipal officer may resign from office. A vacancy
occurs in an office by reason of resignation, failure to elect
or qualify (in which case the incumbent shall remain in office
until the vacancy is filled), death, permanent physical or
mental disability rendering the person incapable of performing
the duties of his or her office, conviction of a disqualifying
crime, abandonment of office, removal from office, or removal
of residence from the municipality or, in the case of aldermen
of a ward or trustees of a district, removal of residence from
the ward or district, as the case may be. An admission of guilt
of a criminal offense that would, upon conviction, disqualify
the municipal officer from holding that office, in the form of
a written agreement with State or federal prosecutors to plead
guilty to a felony, bribery, perjury, or other infamous crime
under State or federal law, shall constitute a resignation from
that office, effective at the time the plea agreement is made.
For purposes of this Section, a conviction for an offense that
disqualifies the municipal officer from holding that office
shall occur on the date of the return of a guilty verdict or,
in the case of a trial by the court, the entry of a finding of
guilt.
    (b) If a vacancy occurs in an elective municipal office
with a 4-year term and there remains an unexpired portion of
the term of at least 28 months, and the vacancy occurs at least
130 days before the general municipal election next scheduled
under the general election law, the vacancy shall be filled for
the remainder of the term at that general municipal election.
Whenever an election is held for this purpose, the municipal
clerk shall certify the office to be filled and the candidates
for the office to the proper election authorities as provided
in the general election law. If the vacancy is in the office of
mayor, the city council shall elect one of their members acting
mayor; if the vacancy is in the office of president, the
vacancy shall be filled by the appointment by the trustees of
an acting president from the members of the board of trustees.
In villages with a population of less than 5,000, if each of
the members of the board of trustees either declines the
appointment as acting president or is not approved for the
appointment by a majority vote of the trustees presently
holding office, then the board of trustees may appoint as
acting president any other village resident who is qualified to
hold municipal office. The acting mayor or acting president
shall perform the duties and possess all the rights and powers
of the mayor or president until a successor to fill the vacancy
has been elected and has qualified. If the vacancy is in any
other elective municipal office, then until the office is
filled by election, the mayor or president shall appoint a
qualified person to the office subject to the advice and
consent of the city council or trustees.
    (c) In a 2 year term, or if the vacancy occurs later than
the time provided in subsection (b) in a 4 year term, a vacancy
in the office of mayor shall be filled by the corporate
authorities electing one of their members acting mayor; if the
vacancy is in the office of president, the vacancy shall be
filled by the appointment by the trustees of an acting
president from the members of the board of trustees. In
villages with a population of less than 5,000, if each of the
members of the board of trustees either declines the
appointment as acting president or is not approved for the
appointment by a majority vote of the trustees presently
holding office, then the board of trustees may appoint as
acting president any other village resident who is qualified to
hold municipal office. The acting mayor or acting president
shall perform the duties and possess all the rights and powers
of the mayor or president until a mayor or president is elected
at the next general municipal election and has qualified. A
vacancy in any elective office other than mayor or president
shall be filled by appointment by the mayor or president, with
the advice and consent of the corporate authorities.
    (d) This subsection applies on and after January 1, 2006.
The election of an acting mayor or acting president in a
municipality with a population under 500,000 does not create a
vacancy in the original office of the person on the city
council or as a trustee, as the case may be, unless the person
resigns from the original office following election as acting
mayor or acting president. If the person resigns from the
original office following election as acting mayor or acting
president, then the original office must be filled pursuant to
the terms of this Section and the acting mayor or acting
president shall exercise the powers of the mayor or president
and shall vote and have veto power in the manner provided by
law for a mayor or president. If the person does not resign
from the original office following election as acting mayor or
acting president, then the acting mayor or acting president
shall exercise the powers of the mayor or president but shall
be entitled to vote only in the manner provided for as the
holder of the original office and shall not have the power to
veto. If the person does not resign from the original office
following election as acting mayor or acting president, and if
that person's original term of office has not expired when a
mayor or president is elected and has qualified for office, the
acting mayor or acting president shall return to the original
office for the remainder of the term thereof.
    (e) Municipal officers appointed or elected under this
Section shall hold office until their successors are elected
and have qualified.
    (f) An appointment to fill a vacancy in the office of
alderman shall be made within 60 days after the vacancy occurs.
The requirement that an appointment be made within 60 days is
an exclusive power and function of the State and is a denial
and limitation under Article VII, Section 6, subsection (h) of
the Illinois Constitution of the power of a home rule
municipality to require that an appointment be made within a
different period after the vacancy occurs.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (65 ILCS 5/3.1-10-51 new)
    Sec. 3.1-10-51. Vacancies in municipalities with a
population of 500,000 or more.
    (a) A municipal officer may resign from office. A vacancy
occurs in an office by reason of resignation, failure to elect
or qualify (in which case the incumbent shall remain in office
until the vacancy is filled), death, permanent physical or
mental disability rendering the person incapable of performing
the duties of his or her office, conviction of a disqualifying
crime, abandonment of office, removal from office, or removal
of residence from the municipality or, in the case of an
alderman of a ward, removal of residence from the ward. An
admission of guilt of a criminal offense that would, upon
conviction, disqualify the municipal officer from holding that
office, in the form of a written agreement with State or
federal prosecutors to plead guilty to a felony, bribery,
perjury, or other infamous crime under State or federal law,
shall constitute a resignation from that office, effective at
the time the plea agreement is made. For purposes of this
Section, a conviction for an offense that disqualifies the
municipal officer from holding that office occurs on the date
of the return of a guilty verdict or, in the case of a trial by
the court, the entry of a finding of guilt.
    (b) If a vacancy occurs in an elective municipal office
with a 4-year term and there remains an unexpired portion of
the term of at least 28 months, and the vacancy occurs at least
130 days before the general municipal election next scheduled
under the general election law, then the vacancy shall be
filled for the remainder of the term at that general municipal
election. Whenever an election is held for this purpose, the
municipal clerk shall certify the office to be filled and the
candidates for the office to the proper election authorities as
provided in the general election law. If the vacancy is in the
office of mayor, the city council shall elect one of their
members acting mayor. The acting mayor shall perform the duties
and possess all the rights and powers of the mayor until a
successor to fill the vacancy has been elected and has
qualified. If the vacancy is in any other elective municipal
office, then until the office is filled by election, the mayor
shall appoint a qualified person to the office subject to the
advice and consent of the city council.
    (c) If a vacancy occurs later than the time provided in
subsection (b) in a 4-year term, a vacancy in the office of
mayor shall be filled by the corporate authorities electing one
of their members acting mayor. The acting mayor shall perform
the duties and possess all the rights and powers of the mayor
until a mayor is elected at the next general municipal election
and has qualified. A vacancy occurring later than the time
provided in subsection (b) in a 4-year term in any elective
office other than mayor shall be filled by appointment by the
mayor, with the advice and consent of the corporate
authorities.
    (d) A municipal officer appointed or elected under this
Section shall hold office until the officer's successor is
elected and has qualified.
    (e) An appointment to fill a vacancy in the office of
alderman shall be made within 60 days after the vacancy occurs.
The requirement that an appointment be made within 60 days is
an exclusive power and function of the State and is a denial
and limitation under Article VII, Section 6, subsection (h) of
the Illinois Constitution of the power of a home rule
municipality to require that an appointment be made within a
different period after the vacancy occurs.
    (f) This Section applies only to municipalities with a
population of 500,000 or more.
 
    (65 ILCS 5/3.1-20-25)  (from Ch. 24, par. 3.1-20-25)
    Sec. 3.1-20-25. Redistricting a city.
    (a) In the formation of wards, the number of inhabitants of
the city immediately preceding the division of the city into
wards shall be as nearly equal in population, and the wards
shall be of as compact and contiguous territory, as
practicable. Wards shall be created in a manner so that, as far
as practicable, no precinct shall be divided between 2 or more
wards.
    (b) Whenever an official census shows that a city contains
more or fewer wards than it is entitled to, the city council of
the city, by ordinance, shall redistrict the city into as many
wards as the city is entitled. This redistricting shall be
completed not less than 30 days before the first day set by the
general election law for the filing of candidate petitions for
the next succeeding election for city officers. At this
election there shall be elected the number of aldermen to which
the city is entitled, except as provided in subsection (c).
    (c) If it appears from any official census that a city has
the requisite number of inhabitants to authorize it to increase
the number of aldermen, the city council shall immediately
proceed to redistrict the city and shall hold the next city
election in accordance with the new redistricting. At this
election the aldermen whose terms of office are not expiring
shall be considered aldermen for the new wards respectively in
which their residences are situated. At this election, in a
municipality that is not a newly incorporated municipality, a
candidate for alderman may be elected from any ward that
contains a part of the ward in which he or she resided at least
one year next preceding the election that follows the
redistricting, and, if elected, that person may be reelected
from the new ward he or she represents if he or she resides in
that ward for at least one year next preceding reelection. If
there are 2 or more aldermen with terms of office not expiring
and residing in the same ward under the new redistricting, the
alderman who holds over for that ward shall be determined by
lot in the presence of the city council, in the manner directed
by the council, and all other aldermen shall fill their
unexpired terms as aldermen-at-large. The aldermen-at-large,
if any, shall have the same powers and duties as all other
aldermen, but upon the expiration of their terms the offices of
aldermen-at-large shall be abolished.
    (d) If the redistricting results in one or more wards in
which no aldermen reside whose terms of office have not
expired, 2 aldermen shall be elected in accordance with Section
3.1-20-35, unless the city elected only one alderman per ward
pursuant to a referendum under subsection (a) of Section
3.1-20-20.
    (e) A redistricting ordinance that has decreased the number
of wards of a city because of a decrease in population of the
city shall not be effective if, not less than 60 days before
the time fixed for the next succeeding general municipal
election, an official census is officially published that shows
that the city has regained a population that entitles it to the
number of wards that it had just before the passage of the last
redistricting ordinance.
(Source: P.A. 93-847, eff. 7-30-04.)
 
    (65 ILCS 5/3.1-25-75)  (from Ch. 24, par. 3.1-25-75)
    Sec. 3.1-25-75. Districts; election of trustees.
    (a) After a village with a population of 5,000 or more
adopts the provisions of this Section in the manner prescribed
in Section 3.1-25-80, the board of trustees by ordinance shall
divide and, whenever necessary thereafter, shall redistrict
the village into 6 compact and contiguous districts of
approximately equal population as required by law. This
redistricting shall be completed not less than 30 days before
the first day for the filing of nominating petitions for the
next succeeding election of village officers held in accordance
with the general election law.
    (b) Each of the districts shall be represented by one
trustee who shall have been an actual resident of the district
for at least 6 months immediately before his or her election in
the first election after a redistricting, unless the trustee is
a resident of a newly incorporated municipality. Only the
electors of a district shall elect the trustee from that
district.
    (c) The provisions of this Code relating to terms of office
of aldermen in cities shall also apply to the terms of office
of trustees under this Section.
(Source: P.A. 87-1119.)
 
    (65 ILCS 5/5-2-11)  (from Ch. 24, par. 5-2-11)
    Sec. 5-2-11. In any village which adopts this Article 5,
the board of trustees by ordinance shall divide and, whenever
necessary thereafter, shall redistrict the village into 6
compact and contiguous districts of approximately equal
population.
    Each of the districts shall be represented by one trustee
who shall have been an actual resident of the district for at
least 6 months prior to his election, unless the trustee is a
resident of a newly incorporated municipality. Only the
electors of a district shall elect the trustee from that
district.
    The provisions of Section 5-2-8 relating to terms of office
of aldermen in cities shall also apply to the terms of office
of trustees under this section.
(Source: Laws 1961, p. 576.)
 
    (65 ILCS 5/5-2-15)  (from Ch. 24, par. 5-2-15)
    Sec. 5-2-15. Trustees; tenure; vacancies.
    (a) In each village operating under Section 5-2-12, the
electors of the village shall elect 6 trustees. The term of
office of the trustees shall be 4 years and until their
successors are elected and have qualified. Trustees elected at
the first election for village officers after a village is
incorporated, however, shall by lot designate one-half of their
number whose terms shall be 2 years and until their successors
are elected and have qualified. In all villages having a
population of less than 50,000 in which only 3 trustees were
elected for a 4 year term in the year 1941, 3 trustees shall be
elected for a 4 year term at the regular village election in
the year 1943, and thereafter 3 trustees shall be elected in
each odd numbered year for a term of 4 years.
    (b) (Blank). Whenever a vacancy in the office of a trustee
in any village, whether incorporated under a general or a
special Act, occurs during his or her term, the vacancy shall
be filled for the remainder of the term as provided in Section
3.1-10-50. During the period from the time that the vacancy
occurs until a trustee is elected under this Section and has
qualified, the vacancy may be filled by the appointment of a
trustee by the president with the advice and consent of the
remaining trustees. An appointment to fill a vacancy shall be
made within 60 days after the vacancy occurs. The requirement
that an appointment be made within 60 days is an exclusive
power and function of the State and is a denial and limitation
under Article VII, Section 6, subsection (h) of the Illinois
Constitution of the power of a home rule municipality to
require that an appointment be made within a different period
after the vacancy occurs.
(Source: P.A. 87-1052; 87-1119; 88-45.)
 
    Section 99. Effective date. This Act takes effect January
1, 2008.

Effective Date: 1/1/2008