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Public Act 92-0189
HB1008 Enrolled LRB9201943MWdvA
AN ACT concerning county commissioners.
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 25-11 as follows:
(10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
Sec. 25-11. When a vacancy occurs in any elective county
office, or in a county of less than 3,000,000 population in
the office of clerk of the circuit court, in a county which
is not a home rule unit, the county board or board of county
commissioners shall declare that such vacancy exists and
notification thereof shall be given to the county central
committee or the appropriate county board or board of county
commissioners district committee of each established
political party within 3 days of the occurrence of the
vacancy. The vacancy shall be filled within 60 days by
appointment of the chairman of the county board or board of
county commissioners with the advice and consent of the
county board or board of county commissioners. The appointee
shall be a member of the same political party as the person
he succeeds was at the time of his election and shall be
otherwise eligible to serve. The appointee shall serve the
remainder of the unexpired term. However, if more than 28
months remain in the term, the appointment shall be until the
next general election at which time the vacated office shall
be filled by election for the remainder of the term. In the
case of a vacancy in a seat on a county board or board of
county commissioners which has been divided into districts
under Section 2-3003 or 2-4006.5 of the Counties Code "An Act
relating to the composition of an election of county boards
in certain counties", approved October 2, 1969, as amended,
the appointee must also be a resident of the county board or
county commission district. If a county commissioner ceases
to reside in the district that he or she represents, a
vacancy in that office exists.
Except as otherwise provided by county ordinance or by
law, in any county which is a home rule unit, vacancies in
elective county offices, other than the office of chief
executive officer, and vacancies in the office of clerk of
the circuit court in a county of less than 3,000,000
population, shall be filled by the county board or board of
county commissioners.
(Source: P.A. 90-672, eff. 7-31-98.)
Section 10. The Counties Code is amended by changing
Sections 2-4006 and 2-4006.5 as follows:
(55 ILCS 5/2-4006)
Sec. 2-4006. Terms of commissioners. (a) In every
county not under township organization having 3 commissioners
elected at large as described in subsection (b) or (c), the
commissioners shall be elected as provided in this Section.
(b) In a county in which one commissioner was elected at
the general election in 1992 to serve for a term of 4 years
and in which 2 commissioners will be elected at the general
election in 1994, the commissioner elected in 1994 and
receiving the greatest number of votes shall serve for a term
of 6 years. The other commissioner elected in 1994 shall
serve for a term of 4 years. At the general election in 1996
and at each general election thereafter, one commissioner
shall be elected to serve for a term of 6 years.
(c) In a county in which 2 commissioners were elected at
the general election in 1992 to serve for terms of 4 years
and in which one commissioner will be elected at the general
election in 1994, the commissioner elected in 1994 shall
serve for a term of 4 years. The commissioner elected in
1996 and receiving the greatest number of votes shall serve
for a term of 6 years. The other commissioner elected in
1996 shall serve for a term of 4 years. At the general
election in 1998 and at each general election thereafter, one
commissioner shall be elected to serve for a term of 6 years.
(d) The provisions of this Section do not apply to
commissioners elected under Section 2-4006.5 of this Code.
(Source: P.A. 88-572, eff. 8-11-94.)
(55 ILCS 5/2-4006.5)
Sec. 2-4006.5. Commissioners in certain counties.
(a) If a county elects 3 commissioners at large under
Section 2-4006, registered voters of such county may, by a
vote of a majority of those voting on such proposition,
determine to change the method of electing the board of
county commissioners by electing either 3 or 5 members from
single member districts. In order for such question to be
placed upon the ballot, such petition must contain the
signatures of not fewer than 10% of the registered voters of
such county.
Commissioners may not be elected from single member
districts until the question of electing either 3 or 5
commissioners from single member districts has been submitted
to the electors of the county at a regular election and
approved by a majority of the electors voting on the
question. The commissioners must certify the question to the
proper election authority, which must submit the question at
an election in accordance with the Election Code.
The question must be in substantially the following form:
Shall the board of county commissioners of (name of
county) consist of (insert either 3 or 5) commissioners
elected from single member districts?
The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, a 3-member or 5-member board of county
commissioners, as the case may be, shall be established to be
elected from single member districts.
(b) If the voters of the county decide to elect either 3
or 5 commissioners from single member districts, the board of
county commissioners shall on or before August 31 of the year
following the 2000 federal decennial census divide the county
into either 3 or 5 compact and contiguous county commission
districts that are substantially equal in population. On or
before May 31 of the year following each federal decennial
census thereafter, the board of county commissioners shall
reapportion the county commission districts to be compact,
contiguous, and substantially equal in population.
(c) The commissioners elected at large at or before the
general election in 2000 shall continue to serve until the
expiration of their terms. Of those commissioners, the
commissioner whose term expires in 2002 shall be assigned to
district 1; the commissioner whose term expires in 2004 shall
be assigned to district 2; and the commissioner whose term
expires in 2006 shall be assigned to district 3.
(d) If the voters of the county decide to elect 5
commissioners from single member districts, at the general
election in 2002, one commissioner from and residing in each
of districts 1, 4, and 5 shall be elected. At the general
election in 2004, one commissioner from and residing in each
of districts 1, 2, and 5 shall be elected. At the general
election in 2006, one commissioner from and residing in each
of districts 2, 3, and 4 shall be elected. At the general
election in 2008, one commissioner from and residing in each
of districts 1, 3, and 5 shall be elected. At the general
election in 2010, one commissioner from each of districts 2
and 4 shall be elected. At the general election in 2012,
commissioners from and residing in each district shall be
elected. Thereafter, commissioners shall be elected at each
general election to fill expired terms. Each commissioner
must reside in the district that he or she represents from
the time that he or she files his or her nomination papers
until his or her term expires.
In the year following the decennial census of 2010 and
every 10 years thereafter, the commissioners, publicly by
lot, shall divide the districts into 2 groups. One group
shall serve terms of 4 years, 4 years, and 2 years and one
group shall serve terms of 2 years, 4 years, and 4 years.
(Source: P.A. 91-846, eff. 6-22-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 10, 2001.
Approved August 01, 2001.
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