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| Public Act 101-0104 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Township Code is amended by changing Section | ||||
60-5 as follows:
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(60 ILCS 1/60-5)
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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
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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
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Code.
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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.
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(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 due to a physical
incapacity of a township | ||
officer, 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 physically | ||
incapacitated township officer submits a written
statement to | ||
the appropriate board that he or she is physically able to | ||
resume perform
his or her duties duty. 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.
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(d) Except for the temporary appointment of a deputy under | ||
subsection (c), any 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
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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
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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
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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.
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(Source: P.A. 97-295, eff. 1-1-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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