Illinois 2025-2026 Regular Session

Illinois House Bill HB1584 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1584 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 65 ILCS 5/3.1-10-5065 ILCS 5/3.1-10-5170 ILCS 1205/2-25 from Ch. 105, par. 2-2575 ILCS 5/4-4 from Ch. 81, par. 4-475 ILCS 16/30-25105 ILCS 5/5-14 from Ch. 122, par. 5-14105 ILCS 5/10-10 from Ch. 122, par. 10-10 Amends the Illinois Municipal Code, the Park District Code, the Illinois Local Library Act, and the School Code. In provisions concerning vacancies in certain elected offices, requires that, if a vacancy occurs in a specified office with at least 32 months remaining in the term of the office and at least 141 days before the next election for that office, then the vacancy shall be filled in that election. Provides that, if a vacancy occurs in a specified office with less than 32 months remaining in the term of the office or less than 141 days before the next election for that office, then the vacancy shall be filled for the remainder of the term by the person that was appointed to the office to fill the vacancy. In provisions concerning vacancies in offices with 2-year terms, requires that, if a vacancy occurs in a specified office at least 141 days before the next election for that office, then the vacancy shall be filled in that election. LRB104 07734 RTM 17779 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1584 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 65 ILCS 5/3.1-10-5065 ILCS 5/3.1-10-5170 ILCS 1205/2-25 from Ch. 105, par. 2-2575 ILCS 5/4-4 from Ch. 81, par. 4-475 ILCS 16/30-25105 ILCS 5/5-14 from Ch. 122, par. 5-14105 ILCS 5/10-10 from Ch. 122, par. 10-10 65 ILCS 5/3.1-10-50 65 ILCS 5/3.1-10-51 70 ILCS 1205/2-25 from Ch. 105, par. 2-25 75 ILCS 5/4-4 from Ch. 81, par. 4-4 75 ILCS 16/30-25 105 ILCS 5/5-14 from Ch. 122, par. 5-14 105 ILCS 5/10-10 from Ch. 122, par. 10-10 Amends the Illinois Municipal Code, the Park District Code, the Illinois Local Library Act, and the School Code. In provisions concerning vacancies in certain elected offices, requires that, if a vacancy occurs in a specified office with at least 32 months remaining in the term of the office and at least 141 days before the next election for that office, then the vacancy shall be filled in that election. Provides that, if a vacancy occurs in a specified office with less than 32 months remaining in the term of the office or less than 141 days before the next election for that office, then the vacancy shall be filled for the remainder of the term by the person that was appointed to the office to fill the vacancy. In provisions concerning vacancies in offices with 2-year terms, requires that, if a vacancy occurs in a specified office at least 141 days before the next election for that office, then the vacancy shall be filled in that election. LRB104 07734 RTM 17779 b LRB104 07734 RTM 17779 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1584 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3	3	65 ILCS 5/3.1-10-5065 ILCS 5/3.1-10-5170 ILCS 1205/2-25 from Ch. 105, par. 2-2575 ILCS 5/4-4 from Ch. 81, par. 4-475 ILCS 16/30-25105 ILCS 5/5-14 from Ch. 122, par. 5-14105 ILCS 5/10-10 from Ch. 122, par. 10-10 65 ILCS 5/3.1-10-50 65 ILCS 5/3.1-10-51 70 ILCS 1205/2-25 from Ch. 105, par. 2-25 75 ILCS 5/4-4 from Ch. 81, par. 4-4 75 ILCS 16/30-25 105 ILCS 5/5-14 from Ch. 122, par. 5-14 105 ILCS 5/10-10 from Ch. 122, par. 10-10
4	4	65 ILCS 5/3.1-10-50
5	5	65 ILCS 5/3.1-10-51
6	6	70 ILCS 1205/2-25 from Ch. 105, par. 2-25
7	7	75 ILCS 5/4-4 from Ch. 81, par. 4-4
8	8	75 ILCS 16/30-25
9	9	105 ILCS 5/5-14 from Ch. 122, par. 5-14
10	10	105 ILCS 5/10-10 from Ch. 122, par. 10-10
11	11	Amends the Illinois Municipal Code, the Park District Code, the Illinois Local Library Act, and the School Code. In provisions concerning vacancies in certain elected offices, requires that, if a vacancy occurs in a specified office with at least 32 months remaining in the term of the office and at least 141 days before the next election for that office, then the vacancy shall be filled in that election. Provides that, if a vacancy occurs in a specified office with less than 32 months remaining in the term of the office or less than 141 days before the next election for that office, then the vacancy shall be filled for the remainder of the term by the person that was appointed to the office to fill the vacancy. In provisions concerning vacancies in offices with 2-year terms, requires that, if a vacancy occurs in a specified office at least 141 days before the next election for that office, then the vacancy shall be filled in that election.
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17	17	1 AN ACT concerning local government.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 5. The Illinois Municipal Code is amended by
21	21	5 changing Sections 3.1-10-50 and 3.1-10-51 as follows:
22	22	6 (65 ILCS 5/3.1-10-50)
23	23	7 Sec. 3.1-10-50. Events upon which an elective office
24	24	8 becomes vacant in municipality with population under 500,000.
25	25	9 (a) Vacancy by resignation. A resignation is not effective
26	26	10 unless it is in writing, signed by the person holding the
27	27	11 elective office, and notarized.
28	28	12 (1) Unconditional resignation. An unconditional
29	29	13 resignation by a person holding the elective office may
30	30	14 specify a future date, not later than 60 days after the
31	31	15 date the resignation is received by the officer authorized
32	32	16 to fill the vacancy, at which time it becomes operative,
33	33	17 but the resignation may not be withdrawn after it is
34	34	18 received by the officer authorized to fill the vacancy.
35	35	19 The effective date of a resignation that does not specify
36	36	20 a future date at which it becomes operative is the date the
37	37	21 resignation is received by the officer authorized to fill
38	38	22 the vacancy. The effective date of a resignation that has
39	39	23 a specified future effective date is that specified future
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43	43	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1584 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
44	44	65 ILCS 5/3.1-10-5065 ILCS 5/3.1-10-5170 ILCS 1205/2-25 from Ch. 105, par. 2-2575 ILCS 5/4-4 from Ch. 81, par. 4-475 ILCS 16/30-25105 ILCS 5/5-14 from Ch. 122, par. 5-14105 ILCS 5/10-10 from Ch. 122, par. 10-10 65 ILCS 5/3.1-10-50 65 ILCS 5/3.1-10-51 70 ILCS 1205/2-25 from Ch. 105, par. 2-25 75 ILCS 5/4-4 from Ch. 81, par. 4-4 75 ILCS 16/30-25 105 ILCS 5/5-14 from Ch. 122, par. 5-14 105 ILCS 5/10-10 from Ch. 122, par. 10-10
45	45	65 ILCS 5/3.1-10-50
46	46	65 ILCS 5/3.1-10-51
47	47	70 ILCS 1205/2-25 from Ch. 105, par. 2-25
48	48	75 ILCS 5/4-4 from Ch. 81, par. 4-4
49	49	75 ILCS 16/30-25
50	50	105 ILCS 5/5-14 from Ch. 122, par. 5-14
51	51	105 ILCS 5/10-10 from Ch. 122, par. 10-10
52	52	Amends the Illinois Municipal Code, the Park District Code, the Illinois Local Library Act, and the School Code. In provisions concerning vacancies in certain elected offices, requires that, if a vacancy occurs in a specified office with at least 32 months remaining in the term of the office and at least 141 days before the next election for that office, then the vacancy shall be filled in that election. Provides that, if a vacancy occurs in a specified office with less than 32 months remaining in the term of the office or less than 141 days before the next election for that office, then the vacancy shall be filled for the remainder of the term by the person that was appointed to the office to fill the vacancy. In provisions concerning vacancies in offices with 2-year terms, requires that, if a vacancy occurs in a specified office at least 141 days before the next election for that office, then the vacancy shall be filled in that election.
53	53	LRB104 07734 RTM 17779 b LRB104 07734 RTM 17779 b
54	54	LRB104 07734 RTM 17779 b
55	55	A BILL FOR
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61	61	65 ILCS 5/3.1-10-50
62	62	65 ILCS 5/3.1-10-51
63	63	70 ILCS 1205/2-25 from Ch. 105, par. 2-25
64	64	75 ILCS 5/4-4 from Ch. 81, par. 4-4
65	65	75 ILCS 16/30-25
66	66	105 ILCS 5/5-14 from Ch. 122, par. 5-14
67	67	105 ILCS 5/10-10 from Ch. 122, par. 10-10
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86	86	1 date or the date the resignation is received by the
87	87	2 officer authorized to fill the vacancy, whichever date
88	88	3 occurs later.
89	89	4 (2) Conditional resignation. A resignation that does
90	90	5 not become effective unless a specified event occurs can
91	91	6 be withdrawn at any time prior to the occurrence of the
92	92	7 specified event, but if not withdrawn, the effective date
93	93	8 of the resignation is the date of the occurrence of the
94	94	9 specified event or the date the resignation is received by
95	95	10 the officer authorized to fill the vacancy, whichever date
96	96	11 occurs later.
97	97	12 (3) Vacancy upon the effective date. For the purpose
98	98	13 of determining the time period that would require an
99	99	14 election to fill the vacancy by resignation or the
100	100	15 commencement of the 60-day time period referred to in
101	101	16 subsection (e), the resignation of an elected officer is
102	102	17 deemed to have created a vacancy as of the effective date
103	103	18 of the resignation.
104	104	19 (4) Duty of the clerk. If a resignation is delivered
105	105	20 to the clerk of the municipality, the clerk shall forward
106	106	21 a certified copy of the written resignation to the
107	107	22 official who is authorized to fill the vacancy within 7
108	108	23 business days after receipt of the resignation.
109	109	24 (b) Vacancy by death or disability. A vacancy occurs in an
110	110	25 office by reason of the death of the incumbent. The date of the
111	111	26 death may be established by the date shown on the death
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122	122	1 certificate. A vacancy occurs in an office by permanent
123	123	2 physical or mental disability rendering the person incapable
124	124	3 of performing the duties of the office. The corporate
125	125	4 authorities have the authority to make the determination
126	126	5 whether an officer is incapable of performing the duties of
127	127	6 the office because of a permanent physical or mental
128	128	7 disability. A finding of mental disability shall not be made
129	129	8 prior to the appointment by a court of a guardian ad litem for
130	130	9 the officer or until a duly licensed doctor certifies, in
131	131	10 writing, that the officer is mentally impaired to the extent
132	132	11 that the officer is unable to effectively perform the duties
133	133	12 of the office. If the corporate authorities find that an
134	134	13 officer is incapable of performing the duties of the office
135	135	14 due to permanent physical or mental disability, that person is
136	136	15 removed from the office and the vacancy of the office occurs on
137	137	16 the date of the determination.
138	138	17 (c) Vacancy by other causes.
139	139	18 (1) Abandonment and other causes. A vacancy occurs in
140	140	19 an office by reason of abandonment of office; removal from
141	141	20 office; or failure to qualify; or more than temporary
142	142	21 removal of residence from the municipality; or in the case
143	143	22 of an alderperson of a ward or councilman or trustee of a
144	144	23 district, more than temporary removal of residence from
145	145	24 the ward or district, as the case may be. The corporate
146	146	25 authorities have the authority to determine whether a
147	147	26 vacancy under this subsection has occurred. If the
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158	158	1 corporate authorities determine that a vacancy exists, the
159	159	2 office is deemed vacant as of the date of that
160	160	3 determination for all purposes including the calculation
161	161	4 under subsections (e), (f), and (g).
162	162	5 (2) Guilty of a criminal offense. An admission of
163	163	6 guilt of a criminal offense that upon conviction would
164	164	7 disqualify the municipal officer from holding the office,
165	165	8 in the form of a written agreement with State or federal
166	166	9 prosecutors to plead guilty to a felony, bribery, perjury,
167	167	10 or other infamous crime under State or federal law,
168	168	11 constitutes a resignation from that office, effective on
169	169	12 the date the plea agreement is made. For purposes of this
170	170	13 Section, a conviction for an offense that disqualifies a
171	171	14 municipal officer from holding that office occurs on the
172	172	15 date of the return of a guilty verdict or, in the case of a
173	173	16 trial by the court, on the entry of a finding of guilt.
174	174	17 (3) Election declared void. A vacancy occurs on the
175	175	18 date of the decision of a competent tribunal declaring the
176	176	19 election of the officer void.
177	177	20 (4) Owing a debt to the municipality. A vacancy occurs
178	178	21 if a municipal official fails to pay a debt to a
179	179	22 municipality in which the official has been elected or
180	180	23 appointed to an elected position subject to the following:
181	181	24 (A) Before a vacancy may occur under this
182	182	25 paragraph (4), the municipal clerk shall deliver, by
183	183	26 personal service, a written notice to the municipal
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194	194	1 official that (i) the municipal official is in arrears
195	195	2 of a debt to the municipality, (ii) that municipal
196	196	3 official must either pay or contest the debt within 30
197	197	4 days after receipt of the notice or the municipal
198	198	5 official will be disqualified and his or her office
199	199	6 vacated, and (iii) if the municipal official chooses
200	200	7 to contest the debt, the municipal official must
201	201	8 provide written notice to the municipal clerk of the
202	202	9 contesting of the debt. A copy of the notice, and the
203	203	10 notice to contest, shall also be mailed by the
204	204	11 municipal clerk to the appointed municipal attorney by
205	205	12 certified mail. If the municipal clerk is the
206	206	13 municipal official indebted to the municipality, the
207	207	14 mayor or president of the municipality shall assume
208	208	15 the duties of the municipal clerk required under this
209	209	16 paragraph (4).
210	210	17 (B) In the event that the municipal official
211	211	18 chooses to contest the debt, a hearing shall be held
212	212	19 within 30 days of the municipal clerk's receipt of the
213	213	20 written notice of contest from the municipal official.
214	214	21 An appointed municipal hearing officer shall preside
215	215	22 over the hearing, and shall hear testimony and accept
216	216	23 evidence relevant to the existence of the debt owed by
217	217	24 the municipal officer to the municipality.
218	218	25 (C) Upon the conclusion of the hearing, the
219	219	26 hearing officer shall make a determination on the
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230	230	1 basis of the evidence presented as to whether or not
231	231	2 the municipal official is in arrears of a debt to the
232	232	3 municipality. The determination shall be in writing
233	233	4 and shall be designated as findings, decision, and
234	234	5 order. The findings, decision, and order shall
235	235	6 include: (i) the hearing officer's findings of fact;
236	236	7 (ii) a decision of whether or not the municipal
237	237	8 official is in arrears of a debt to the municipality
238	238	9 based upon the findings of fact; and (iii) an order
239	239	10 that either directs the municipal official to pay the
240	240	11 debt within 30 days or be disqualified and his or her
241	241	12 office vacated or dismisses the matter if a debt owed
242	242	13 to the municipality is not proved. A copy of the
243	243	14 hearing officer's written determination shall be
244	244	15 served upon the municipal official in open proceedings
245	245	16 before the hearing officer. If the municipal official
246	246	17 does not appear for receipt of the written
247	247	18 determination, the written determination shall be
248	248	19 deemed to have been served on the municipal official
249	249	20 on the date when a copy of the written determination is
250	250	21 personally served on the municipal official or on the
251	251	22 date when a copy of the written determination is
252	252	23 deposited in the United States mail, postage prepaid,
253	253	24 addressed to the municipal official at the address on
254	254	25 record with the municipality.
255	255	26 (D) A municipal official aggrieved by the
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266	266	1 determination of a hearing officer may secure judicial
267	267	2 review of such determination in the circuit court of
268	268	3 the county in which the hearing was held. The
269	269	4 municipal official seeking judicial review must file a
270	270	5 petition with the clerk of the court and must serve a
271	271	6 copy of the petition upon the municipality by
272	272	7 registered or certified mail within 5 days after
273	273	8 service of the determination of the hearing officer.
274	274	9 The petition shall contain a brief statement of the
275	275	10 reasons why the determination of the hearing officer
276	276	11 should be reversed. The municipal official shall file
277	277	12 proof of service with the clerk of the court. No answer
278	278	13 to the petition need be filed, but the municipality
279	279	14 shall cause the record of proceedings before the
280	280	15 hearing officer to be filed with the clerk of the court
281	281	16 on or before the date of the hearing on the petition or
282	282	17 as ordered by the court. The court shall set the matter
283	283	18 for hearing to be held within 30 days after the filing
284	284	19 of the petition and shall make its decision promptly
285	285	20 after such hearing.
286	286	21 (E) If a municipal official chooses to pay the
287	287	22 debt, or is ordered to pay the debt after the hearing,
288	288	23 the municipal official must present proof of payment
289	289	24 to the municipal clerk that the debt was paid in full,
290	290	25 and, if applicable, within the required time period as
291	291	26 ordered by a hearing officer or circuit court judge.
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302	302	1 (F) A municipal official will be disqualified and
303	303	2 his or her office vacated pursuant to this paragraph
304	304	3 (4) on the later of the following times if the
305	305	4 municipal official: (i) fails to pay or contest the
306	306	5 debt within 30 days of the municipal official's
307	307	6 receipt of the notice of the debt; (ii) fails to pay
308	308	7 the debt within 30 days after being served with a
309	309	8 written determination under subparagraph (C) ordering
310	310	9 the municipal official to pay the debt; or (iii) fails
311	311	10 to pay the debt within 30 days after being served with
312	312	11 a decision pursuant to subparagraph (D) upholding a
313	313	12 hearing officer's determination that the municipal
314	314	13 officer has failed to pay a debt owed to a
315	315	14 municipality.
316	316	15 (G) For purposes of this paragraph, a "debt" shall
317	317	16 mean an arrearage in a definitely ascertainable and
318	318	17 quantifiable amount after service of written notice
319	319	18 thereof, in the payment of any indebtedness due to the
320	320	19 municipality, which has been adjudicated before a
321	321	20 tribunal with jurisdiction over the matter. A
322	322	21 municipal official is considered in arrears of a debt
323	323	22 to a municipality if a debt is more than 30 days
324	324	23 overdue from the date the debt was due.
325	325	24 (d) Election of an acting mayor or acting president. The
326	326	25 election of an acting mayor or acting president pursuant to
327	327	26 subsection (f) or (g) does not create a vacancy in the original
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338	338	1 office of the person on the city council or as a trustee, as
339	339	2 the case may be, unless the person resigns from the original
340	340	3 office following election as acting mayor or acting president.
341	341	4 If the person resigns from the original office following
342	342	5 election as acting mayor or acting president, then the
343	343	6 original office must be filled pursuant to the terms of this
344	344	7 Section and the acting mayor or acting president shall
345	345	8 exercise the powers of the mayor or president and shall vote
346	346	9 and have veto power in the manner provided by law for a mayor
347	347	10 or president. If the person does not resign from the original
348	348	11 office following election as acting mayor or acting president,
349	349	12 then the acting mayor or acting president shall exercise the
350	350	13 powers of the mayor or president but shall be entitled to vote
351	351	14 only in the manner provided for as the holder of the original
352	352	15 office and shall not have the power to veto. If the person does
353	353	16 not resign from the original office following election as
354	354	17 acting mayor or acting president, and if that person's
355	355	18 original term of office has not expired when a mayor or
356	356	19 president is elected and has qualified for office, the acting
357	357	20 mayor or acting-president shall return to the original office
358	358	21 for the remainder of the term thereof.
359	359	22 (e) Appointment to fill alderperson or trustee vacancy. An
360	360	23 appointment by the mayor or president or acting mayor or
361	361	24 acting president, as the case may be, of a qualified person as
362	362	25 described in Section 3.1-10-5 of this Code to fill a vacancy in
363	363	26 the office of alderperson or trustee must be made within 60
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374	374	1 days after the vacancy occurs. Once the appointment of the
375	375	2 qualified person has been forwarded to the corporate
376	376	3 authorities, the corporate authorities shall act upon the
377	377	4 appointment within 30 days. If the appointment fails to
378	378	5 receive the advice and consent of the corporate authorities
379	379	6 within 30 days, the mayor or president or acting mayor or
380	380	7 acting president shall appoint and forward to the corporate
381	381	8 authorities a second qualified person as described in Section
382	382	9 3.1-10-5. Once the appointment of the second qualified person
383	383	10 has been forwarded to the corporate authorities, the corporate
384	384	11 authorities shall act upon the appointment within 30 days. If
385	385	12 the appointment of the second qualified person also fails to
386	386	13 receive the advice and consent of the corporate authorities,
387	387	14 then the mayor or president or acting mayor or acting
388	388	15 president, without the advice and consent of the corporate
389	389	16 authorities, may make a temporary appointment from those
390	390	17 persons who were appointed but whose appointments failed to
391	391	18 receive the advice and consent of the corporate authorities.
392	392	19 The person receiving the temporary appointment shall serve
393	393	20 until an appointment has received the advice and consent and
394	394	21 the appointee has qualified or until a person has been elected
395	395	22 and has qualified, whichever first occurs.
396	396	23 (f) Election to fill vacancies in municipal offices with
397	397	24 4-year terms. If a vacancy occurs in an elective municipal
398	398	25 office with a 4-year term and there remains an unexpired
399	399	26 portion of the term of at least 32 28 months, and the vacancy
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410	410	1 occurs at least 141 130 days before the general municipal
411	411	2 election next scheduled under the general election law, then
412	412	3 the vacancy shall be filled for the remainder of the term at
413	413	4 that general municipal election. Whenever an election is held
414	414	5 for this purpose, the municipal clerk shall certify the office
415	415	6 to be filled and the candidates for the office to the proper
416	416	7 election authorities as provided in the general election law.
417	417	8 If a vacancy occurs with less than 32 28 months remaining in
418	418	9 the unexpired portion of the term or less than 141 130 days
419	419	10 before the general municipal election, then:
420	420	11 (1) Mayor or president. If the vacancy is in the
421	421	12 office of mayor or president, the vacancy must be filled
422	422	13 by the corporate authorities electing one of their members
423	423	14 as acting mayor or acting president. Except as set forth
424	424	15 in subsection (d), the acting mayor or acting president
425	425	16 shall perform the duties and possess all the rights and
426	426	17 powers of the mayor or president until a mayor or
427	427	18 president is elected at the next general municipal
428	428	19 election and has qualified. However, in villages with a
429	429	20 population of less than 5,000, if each of the trustees
430	430	21 either declines the election as acting president or is not
431	431	22 elected by a majority vote of the trustees presently
432	432	23 holding office, then the trustees may elect, as acting
433	433	24 president, any other village resident who is qualified to
434	434	25 hold municipal office, and the acting president shall
435	435	26 exercise the powers of the president and shall vote and
436	436
437	437
438	438
439	439
440	440
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442	442
443	443
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445	445	HB1584 - 12 - LRB104 07734 RTM 17779 b
446	446	1 have veto power in the manner provided by law for a
447	447	2 president.
448	448	3 (2) Alderperson or trustee. If the vacancy is in the
449	449	4 office of alderperson or trustee, the vacancy must be
450	450	5 filled by the mayor or president or acting mayor or acting
451	451	6 president, as the case may be, in accordance with
452	452	7 subsection (e).
453	453	8 (3) Other elective office. If the vacancy is in any
454	454	9 elective municipal office other than mayor or president or
455	455	10 alderperson or trustee, the mayor or president or acting
456	456	11 mayor or acting president, as the case may be, must
457	457	12 appoint a qualified person to hold the office until the
458	458	13 office is filled by election, subject to the advice and
459	459	14 consent of the city council or the board of trustees, as
460	460	15 the case may be.
461	461	16 (g) Vacancies in municipal offices with 2-year terms. In
462	462	17 the case of an elective municipal office with a 2-year term, if
463	463	18 the vacancy occurs at least 141 130 days before the general
464	464	19 municipal election next scheduled under the general election
465	465	20 law, the vacancy shall be filled for the remainder of the term
466	466	21 at that general municipal election. If the vacancy occurs less
467	467	22 than 141 130 days before the general municipal election, then:
468	468	23 (1) Mayor or president. If the vacancy is in the
469	469	24 office of mayor or president, the vacancy must be filled
470	470	25 by the corporate authorities electing one of their members
471	471	26 as acting mayor or acting president. Except as set forth
472	472
473	473
474	474
475	475
476	476
477	477	HB1584 - 12 - LRB104 07734 RTM 17779 b
478	478
479	479
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481	481	HB1584 - 13 - LRB104 07734 RTM 17779 b
482	482	1 in subsection (d), the acting mayor or acting president
483	483	2 shall perform the duties and possess all the rights and
484	484	3 powers of the mayor or president until a mayor or
485	485	4 president is elected at the next general municipal
486	486	5 election and has qualified. However, in villages with a
487	487	6 population of less than 5,000, if each of the trustees
488	488	7 either declines the election as acting president or is not
489	489	8 elected by a majority vote of the trustees presently
490	490	9 holding office, then the trustees may elect, as acting
491	491	10 president, any other village resident who is qualified to
492	492	11 hold municipal office, and the acting president shall
493	493	12 exercise the powers of the president and shall vote and
494	494	13 have veto power in the manner provided by law for a
495	495	14 president.
496	496	15 (2) Alderperson or trustee. If the vacancy is in the
497	497	16 office of alderperson or trustee, the vacancy must be
498	498	17 filled by the mayor or president or acting mayor or acting
499	499	18 president, as the case may be, in accordance with
500	500	19 subsection (e).
501	501	20 (3) Other elective office. If the vacancy is in any
502	502	21 elective municipal office other than mayor or president or
503	503	22 alderperson or trustee, the mayor or president or acting
504	504	23 mayor or acting president, as the case may be, must
505	505	24 appoint a qualified person to hold the office until the
506	506	25 office is filled by election, subject to the advice and
507	507	26 consent of the city council or the board of trustees, as
508	508
509	509
510	510
511	511
512	512
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514	514
515	515
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517	517	HB1584 - 14 - LRB104 07734 RTM 17779 b
518	518	1 the case may be.
519	519	2 (h) In cases of vacancies arising by reason of an election
520	520	3 being declared void pursuant to paragraph (3) of subsection
521	521	4 (c), persons holding elective office prior thereto shall hold
522	522	5 office until their successors are elected and qualified or
523	523	6 appointed and confirmed by advice and consent, as the case may
524	524	7 be.
525	525	8 (i) This Section applies only to municipalities with
526	526	9 populations under 500,000.
527	527	10 (Source: P.A. 102-15, eff. 6-17-21.)
528	528	11 (65 ILCS 5/3.1-10-51)
529	529	12 Sec. 3.1-10-51. Vacancies in municipalities with a
530	530	13 population of 500,000 or more.
531	531	14 (a) Events upon which an elective office in a municipality
532	532	15 of 500,000 or more shall become vacant:
533	533	16 (1) A municipal officer may resign from office. A
534	534	17 vacancy occurs in an office by reason of resignation,
535	535	18 failure to elect or qualify (in which case the incumbent
536	536	19 shall remain in office until the vacancy is filled),
537	537	20 death, permanent physical or mental disability rendering
538	538	21 the person incapable of performing the duties of his or
539	539	22 her office, conviction of a disqualifying crime,
540	540	23 abandonment of office, removal from office, or removal of
541	541	24 residence from the municipality or, in the case of an
542	542	25 alderperson of a ward, removal of residence from the ward.
543	543
544	544
545	545
546	546
547	547
548	548	HB1584 - 14 - LRB104 07734 RTM 17779 b
549	549
550	550
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552	552	HB1584 - 15 - LRB104 07734 RTM 17779 b
553	553	1 (2) An admission of guilt of a criminal offense that
554	554	2 would, upon conviction, disqualify the municipal officer
555	555	3 from holding that office, in the form of a written
556	556	4 agreement with State or federal prosecutors to plead
557	557	5 guilty to a felony, bribery, perjury, or other infamous
558	558	6 crime under State or federal law, shall constitute a
559	559	7 resignation from that office, effective at the time the
560	560	8 plea agreement is made. For purposes of this Section, a
561	561	9 conviction for an offense that disqualifies the municipal
562	562	10 officer from holding that office occurs on the date of the
563	563	11 return of a guilty verdict or, in the case of a trial by
564	564	12 the court, the entry of a finding of guilt.
565	565	13 (3) Owing a debt to the municipality. A vacancy occurs
566	566	14 if a municipal official fails to pay a debt to a
567	567	15 municipality in which the official has been elected or
568	568	16 appointed to an elected position subject to the following:
569	569	17 (A) Before a vacancy may occur under this
570	570	18 paragraph (3), the municipal clerk shall deliver, by
571	571	19 personal service, a written notice to the municipal
572	572	20 official that (i) the municipal official is in arrears
573	573	21 of a debt to the municipality, (ii) that municipal
574	574	22 official must either pay or contest the debt within 30
575	575	23 days after receipt of the notice or the municipal
576	576	24 official will be disqualified and his or her office
577	577	25 vacated, and (iii) if the municipal official chooses
578	578	26 to contest the debt, the municipal official must
579	579
580	580
581	581
582	582
583	583
584	584	HB1584 - 15 - LRB104 07734 RTM 17779 b
585	585
586	586
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588	588	HB1584 - 16 - LRB104 07734 RTM 17779 b
589	589	1 provide written notice to the municipal clerk of the
590	590	2 contesting of the debt. A copy of the notice, and the
591	591	3 notice to contest, shall also be mailed by the
592	592	4 municipal clerk to the appointed municipal attorney by
593	593	5 certified mail. If the municipal clerk is the
594	594	6 municipal official indebted to the municipality, the
595	595	7 mayor or president of the municipality shall assume
596	596	8 the duties of the municipal clerk required under this
597	597	9 paragraph (3).
598	598	10 (B) In the event that the municipal official
599	599	11 chooses to contest the debt, a hearing shall be held
600	600	12 within 30 days of the municipal clerk's receipt of the
601	601	13 written notice of contest from the municipal official.
602	602	14 An appointed municipal hearing officer shall preside
603	603	15 over the hearing, and shall hear testimony and accept
604	604	16 evidence relevant to the existence of the debt owed by
605	605	17 the municipal officer to the municipality.
606	606	18 (C) Upon the conclusion of the hearing, the
607	607	19 hearing officer shall make a determination on the
608	608	20 basis of the evidence presented as to whether or not
609	609	21 the municipal official is in arrears of a debt to the
610	610	22 municipality. The determination shall be in writing
611	611	23 and shall be designated as findings, decision, and
612	612	24 order. The findings, decision, and order shall
613	613	25 include: (i) the hearing officer's findings of fact;
614	614	26 (ii) a decision of whether or not the municipal
615	615
616	616
617	617
618	618
619	619
620	620	HB1584 - 16 - LRB104 07734 RTM 17779 b
621	621
622	622
623	623	HB1584- 17 -LRB104 07734 RTM 17779 b HB1584 - 17 - LRB104 07734 RTM 17779 b
624	624	HB1584 - 17 - LRB104 07734 RTM 17779 b
625	625	1 official is in arrears of a debt to the municipality
626	626	2 based upon the findings of fact; and (iii) an order
627	627	3 that either directs the municipal official to pay the
628	628	4 debt within 30 days or be disqualified and his or her
629	629	5 office vacated or dismisses the matter if a debt owed
630	630	6 to the municipality is not proved. A copy of the
631	631	7 hearing officer's written determination shall be
632	632	8 served upon the municipal official in open proceedings
633	633	9 before the hearing officer. If the municipal official
634	634	10 does not appear for receipt of the written
635	635	11 determination, the written determination shall be
636	636	12 deemed to have been served on the municipal official
637	637	13 on the date when a copy of the written determination is
638	638	14 personally served on the municipal official or on the
639	639	15 date when a copy of the written determination is
640	640	16 deposited in the United States mail, postage prepaid,
641	641	17 addressed to the municipal official at the address on
642	642	18 record in the files of the municipality.
643	643	19 (D) A municipal official aggrieved by the
644	644	20 determination of a hearing officer may secure judicial
645	645	21 review of such determination in the circuit court of
646	646	22 the county in which the hearing was held. The
647	647	23 municipal official seeking judicial review must file a
648	648	24 petition with the clerk of the court and must serve a
649	649	25 copy of the petition upon the municipality by
650	650	26 registered or certified mail within 5 days after
651	651
652	652
653	653
654	654
655	655
656	656	HB1584 - 17 - LRB104 07734 RTM 17779 b
657	657
658	658
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660	660	HB1584 - 18 - LRB104 07734 RTM 17779 b
661	661	1 service of the determination of the hearing officer.
662	662	2 The petition shall contain a brief statement of the
663	663	3 reasons why the determination of the hearing officer
664	664	4 should be reversed. The municipal official shall file
665	665	5 proof of service with the clerk of the court. No answer
666	666	6 to the petition need be filed, but the municipality
667	667	7 shall cause the record of proceedings before the
668	668	8 hearing officer to be filed with the clerk of the court
669	669	9 on or before the date of the hearing on the petition or
670	670	10 as ordered by the court. The court shall set the matter
671	671	11 for hearing to be held within 30 days after the filing
672	672	12 of the petition and shall make its decision promptly
673	673	13 after such hearing.
674	674	14 (E) If a municipal official chooses to pay the
675	675	15 debt, or is ordered to pay the debt after the hearing,
676	676	16 the municipal official must present proof of payment
677	677	17 to the municipal clerk that the debt was paid in full,
678	678	18 and, if applicable, within the required time period as
679	679	19 ordered by a hearing officer.
680	680	20 (F) A municipal official will be disqualified and
681	681	21 his or her office vacated pursuant to this paragraph
682	682	22 (3) on the later of the following times the municipal
683	683	23 official: (i) fails to pay or contest the debt within
684	684	24 30 days of the municipal official's receipt of the
685	685	25 notice of the debt; (ii) fails to pay the debt within
686	686	26 30 days after being served with a written
687	687
688	688
689	689
690	690
691	691
692	692	HB1584 - 18 - LRB104 07734 RTM 17779 b
693	693
694	694
695	695	HB1584- 19 -LRB104 07734 RTM 17779 b HB1584 - 19 - LRB104 07734 RTM 17779 b
696	696	HB1584 - 19 - LRB104 07734 RTM 17779 b
697	697	1 determination under subparagraph (C) ordering the
698	698	2 municipal official to pay the debt; or (iii) fails to
699	699	3 pay the debt within 30 days after being served with a
700	700	4 decision pursuant to subparagraph (D) upholding a
701	701	5 hearing officer's determination that the municipal
702	702	6 officer has failed to pay a debt owed to a
703	703	7 municipality.
704	704	8 (G) For purposes of this paragraph, a "debt" shall
705	705	9 mean an arrearage in a definitely ascertainable and
706	706	10 quantifiable amount after service of written notice
707	707	11 thereof, in the payment of any indebtedness due to the
708	708	12 municipality, which has been adjudicated before a
709	709	13 tribunal with jurisdiction over the matter. A
710	710	14 municipal official is considered in arrears of a debt
711	711	15 to a municipality if a debt is more than 30 days
712	712	16 overdue from the date the debt was due.
713	713	17 (b) If a vacancy occurs in an elective municipal office
714	714	18 with a 4-year term and there remains an unexpired portion of
715	715	19 the term of at least 32 28 months, and the vacancy occurs at
716	716	20 least 141 130 days before the general municipal election next
717	717	21 scheduled under the general election law, then the vacancy
718	718	22 shall be filled for the remainder of the term at that general
719	719	23 municipal election. Whenever an election is held for this
720	720	24 purpose, the municipal clerk shall certify the office to be
721	721	25 filled and the candidates for the office to the proper
722	722	26 election authorities as provided in the general election law.
723	723
724	724
725	725
726	726
727	727
728	728	HB1584 - 19 - LRB104 07734 RTM 17779 b
729	729
730	730
731	731	HB1584- 20 -LRB104 07734 RTM 17779 b HB1584 - 20 - LRB104 07734 RTM 17779 b
732	732	HB1584 - 20 - LRB104 07734 RTM 17779 b
733	733	1 If the vacancy is in the office of mayor, the city council
734	734	2 shall elect one of their members acting mayor. The acting
735	735	3 mayor shall perform the duties and possess all the rights and
736	736	4 powers of the mayor until a successor to fill the vacancy has
737	737	5 been elected and has qualified. If the vacancy is in any other
738	738	6 elective municipal office, then until the office is filled by
739	739	7 election, the mayor shall appoint a qualified person to the
740	740	8 office subject to the advice and consent of the city council.
741	741	9 (c) If a vacancy occurs later than the time provided in
742	742	10 subsection (b) in a 4-year term, a vacancy in the office of
743	743	11 mayor shall be filled by the corporate authorities electing
744	744	12 one of their members acting mayor. The acting mayor shall
745	745	13 perform the duties and possess all the rights and powers of the
746	746	14 mayor until a mayor is elected at the next general municipal
747	747	15 election and has qualified. A vacancy occurring later than the
748	748	16 time provided in subsection (b) in a 4-year term in any
749	749	17 elective office other than mayor shall be filled by
750	750	18 appointment by the mayor, with the advice and consent of the
751	751	19 corporate authorities.
752	752	20 (d) A municipal officer appointed or elected under this
753	753	21 Section shall hold office until the officer's successor is
754	754	22 elected and has qualified.
755	755	23 (e) An appointment to fill a vacancy in the office of
756	756	24 alderperson shall be made within 60 days after the vacancy
757	757	25 occurs. The requirement that an appointment be made within 60
758	758	26 days is an exclusive power and function of the State and is a
759	759
760	760
761	761
762	762
763	763
764	764	HB1584 - 20 - LRB104 07734 RTM 17779 b
765	765
766	766
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768	768	HB1584 - 21 - LRB104 07734 RTM 17779 b
769	769	1 denial and limitation under Article VII, Section 6, subsection
770	770	2 (h) of the Illinois Constitution of the power of a home rule
771	771	3 municipality to require that an appointment be made within a
772	772	4 different period after the vacancy occurs.
773	773	5 (f) This Section applies only to municipalities with a
774	774	6 population of 500,000 or more.
775	775	7 (Source: P.A. 102-15, eff. 6-17-21.)
776	776	8 Section 10. The Park District Code is amended by changing
777	777	9 Section 2-25 as follows:
778	778	10 (70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)
779	779	11 Sec. 2-25. Vacancies. Whenever any member of the governing
780	780	12 board of any park district (i) dies, (ii) resigns, (iii)
781	781	13 becomes under legal disability, (iv) ceases to be a legal
782	782	14 voter in the district, (v) is convicted in any court located in
783	783	15 the United States of any infamous crime, bribery, perjury, or
784	784	16 other felony, (vi) refuses or neglects to take his or her oath
785	785	17 of office, (vii) neglects to perform the duties of his or her
786	786	18 office or attend meetings of the board for the length of time
787	787	19 as the board fixes by ordinance, or (viii) for any other reason
788	788	20 specified by law, that office may be declared vacant.
789	789	21 Vacancies shall be filled by appointment by a majority of the
790	790	22 remaining members of the board. Any person so appointed shall
791	791	23 hold his or her office until the next regular election for this
792	792	24 office, at which a member shall be elected to fill the vacancy
793	793
794	794
795	795
796	796
797	797
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799	799
800	800
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802	802	HB1584 - 22 - LRB104 07734 RTM 17779 b
803	803	1 for the unexpired term, subject to the following conditions:
804	804	2 (1) If the vacancy occurs with less than 32 28 months
805	805	3 remaining in the term, the person appointed to fill the
806	806	4 vacancy shall hold his or her office until the expiration
807	807	5 of the term for which he or she has been appointed, and no
808	808	6 election to fill the vacancy shall be held.
809	809	7 (2) If the vacancy occurs with more than 32 28 months
810	810	8 left in the term, but less than 141 123 days before the
811	811	9 next regularly scheduled election for this office, the
812	812	10 person appointed to fill the vacancy shall hold his or her
813	813	11 office until the second regularly scheduled election for
814	814	12 the office following the appointment, at which a member
815	815	13 shall be elected to fill the vacancy for the unexpired
816	816	14 term.
817	817	15 (Source: P.A. 101-257, eff. 8-9-19; 102-558, eff. 8-20-21.)
818	818	16 Section 15. The Illinois Local Library Act is amended by
819	819	17 changing Section 4-4 as follows:
820	820	18 (75 ILCS 5/4-4) (from Ch. 81, par. 4-4)
821	821	19 Sec. 4-4. Vacancies shall be declared in the office of
822	822	20 trustee by the board when the elected or appointed trustee
823	823	21 declines or is unable to serve, or is absent without cause from
824	824	22 all regular board meetings for a period of one year, or is
825	825	23 convicted of a misdemeanor for failing, neglecting, or
826	826	24 refusing to discharge any duty imposed upon a trustee by this
827	827
828	828
829	829
830	830
831	831
832	832	HB1584 - 22 - LRB104 07734 RTM 17779 b
833	833
834	834
835	835	HB1584- 23 -LRB104 07734 RTM 17779 b HB1584 - 23 - LRB104 07734 RTM 17779 b
836	836	HB1584 - 23 - LRB104 07734 RTM 17779 b
837	837	1 Act, or becomes a nonresident of the city, village,
838	838	2 incorporated town, or township, or who fails to pay the
839	839	3 library taxes levied by the corporate authorities. Vacancies
840	840	4 shall also be declared in the office of trustee by the board
841	841	5 when, at the election of the first board of library trustees or
842	842	6 at any subsequent election, there are not sufficient trustees
843	843	7 elected to fill an entire board of 7 trustees.
844	844	8 Vacancies in the board of trustees in a city or a village
845	845	9 under the commission form of government shall be reported to
846	846	10 the mayor or president and be filled in like manner as original
847	847	11 appointments.
848	848	12 If a vacancy occurs in the board of trustees in any
849	849	13 incorporated town or village (other than a village under the
850	850	14 commission form of government) or in any township, the vacancy
851	851	15 may be filled by the remaining trustees until the next regular
852	852	16 library election at which library trustees are scheduled to be
853	853	17 elected under the consolidated schedule of elections in the
854	854	18 general election law, at which election a trustee shall be
855	855	19 elected to fill the vacancy for the remainder of the unexpired
856	856	20 term. If, however, the vacancy occurs with less than 32 28
857	857	21 months remaining in the term, and if the vacancy occurs less
858	858	22 than 141 88 days before the next regular scheduled election
859	859	23 for this office, then the person so appointed shall serve the
860	860	24 remainder of the unexpired term, and no election to fill the
861	861	25 vacancy shall be held. If there is a failure to appoint a
862	862	26 library trustee or a failure to elect a library trustee, or if
863	863
864	864
865	865
866	866
867	867
868	868	HB1584 - 23 - LRB104 07734 RTM 17779 b
869	869
870	870
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872	872	HB1584 - 24 - LRB104 07734 RTM 17779 b
873	873	1 the person elected or appointed fails to qualify for office,
874	874	2 the trustee may continue in office if available and qualified
875	875	3 until his successor has been elected or appointed and
876	876	4 qualified. Vacancies shall be filled within 90 days after a
877	877	5 vacancy has been declared.
878	878	6 (Source: P.A. 102-977, eff. 5-27-22.)
879	879	7 Section 20. The Public Library District Act of 1991 is
880	880	8 amended by changing Section 30-25 as follows:
881	881	9 (75 ILCS 16/30-25)
882	882	10 Sec. 30-25. Vacancies.
883	883	11 (a) Vacancies shall be declared in the office of trustee
884	884	12 by the board when an elected or appointed trustee (i)
885	885	13 declines, fails, or is unable to serve, (ii) becomes a
886	886	14 nonresident of the district, (iii) is convicted of a
887	887	15 misdemeanor by failing, neglecting, or refusing to discharge
888	888	16 any duty imposed upon him or her by this Act, or (iv) has
889	889	17 failed to pay the library taxes levied by the district.
890	890	18 Absence without cause from all regular board meetings for a
891	891	19 period of one year shall be a basis for declaring a vacancy.
892	892	20 (b) All vacancies shall be filled by appointment by the
893	893	21 remaining trustees until the next regular library election, at
894	894	22 which time a trustee shall be elected for the remainder of the
895	895	23 unexpired term. If, however, the vacancy occurs with less than
896	896	24 32 28 months remaining in the term, and if the vacancy occurs
897	897
898	898
899	899
900	900
901	901
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903	903
904	904
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907	907	1 less than 141 88 days before the next regular scheduled
908	908	2 election for this office, then the person so appointed shall
909	909	3 serve the remainder of the unexpired term and no election to
910	910	4 fill the vacancy shall be held. If the vacancy is in the office
911	911	5 of a trustee of a library district with an appointed board, the
912	912	6 vacancy shall be filled by appointment by the remaining
913	913	7 trustees. Vacancies shall be filled within 90 days after a
914	914	8 vacancy has been declared. If the trustees fail to appoint a
915	915	9 new member within 90 days after a vacancy has been declared,
916	916	10 the State Librarian shall appoint an individual to fill the
917	917	11 vacancy within 60 days after the trustees have failed to fill
918	918	12 the vacancy. If the State Librarian fails to fill the vacancy
919	919	13 within the 60 days after the trustees have failed to fill the
920	920	14 vacancy, the vacancy shall be filled at the next regularly
921	921	15 scheduled election. Notwithstanding any other provision of
922	922	16 this Section, if a vacancy occurred prior to May 27, 2022 and
923	923	17 that vacancy has not been filled by the trustees before the
924	924	18 effective date of this amendatory Act of the 102nd General
925	925	19 Assembly, the State Librarian shall fill the vacancy within 60
926	926	20 days after the effective date of this amendatory Act of the
927	927	21 102nd General Assembly.
928	928	22 (Source: P.A. 102-977, eff. 5-27-22; 102-1107, eff. 12-14-22.)
929	929	23 Section 25. The School Code is amended by changing
930	930	24 Sections 5-14 and 10-10 as follows:
931	931
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935	935
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940	940	HB1584 - 26 - LRB104 07734 RTM 17779 b
941	941	1 (105 ILCS 5/5-14) (from Ch. 122, par. 5-14)
942	942	2 Sec. 5-14. Term of office of successors - Vacancies.
943	943	3 Successors to the trustees whose terms of office expire at the
944	944	4 time prescribed in Section 5-13, and their successors, shall
945	945	5 hold their offices for 6 years and until their respective
946	946	6 successors are elected and qualified. Trustees of schools
947	947	7 shall enter upon the duties of their office on the third Monday
948	948	8 of the month following their election.
949	949	9 Whenever a vacancy occurs, the remaining trustees shall
950	950	10 fill the vacancy until the next regular school election, at
951	951	11 which election a successor shall be elected to serve the
952	952	12 remainder of the unexpired term. However, if the vacancy
953	953	13 occurs with less than 32 28 months remaining in the term, or if
954	954	14 the vacancy occurs less than 141 88 days before the next
955	955	15 regularly scheduled election for this office then the person
956	956	16 so appointed shall serve the remainder of the unexpired term,
957	957	17 and no election to fill the vacancy shall be held. The
958	958	18 successor shall have the same residential qualifications as
959	959	19 his predecessor. Should they fail so to act, within 30 days
960	960	20 after the vacancy occurs, the regional superintendent of the
961	961	21 region in which the township lies, or if the township is
962	962	22 divided by a county line or lines, the regional superintendent
963	963	23 of the region in which a majority of the children, who reside
964	964	24 in districts subject to the jurisdiction of the trustees of
965	965	25 schools of such township, attend school, shall within 15 days
966	966	26 after the remaining trustees have failed to fill the vacancy,
967	967
968	968
969	969
970	970
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973	973
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976	976	HB1584 - 27 - LRB104 07734 RTM 17779 b
977	977	1 fill the vacancy as provided for herein. The successor shall
978	978	2 have the same type of residential qualifications as his
979	979	3 predecessor.
980	980	4 (Source: P.A. 93-847, eff. 7-30-04.)
981	981	5 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
982	982	6 Sec. 10-10. Board of education; term; vacancy. All school
983	983	7 districts having a population of not fewer than 1,000 and not
984	984	8 more than 500,000 inhabitants, as ascertained by any special
985	985	9 or general census, and not governed by special Acts, shall be
986	986	10 governed by a board of education consisting of 7 members,
987	987	11 serving without compensation except as herein provided. Each
988	988	12 member shall be elected for a term of 4 years for the initial
989	989	13 members of the board of education of a combined school
990	990	14 district to which that subsection applies. If 5 members are
991	991	15 elected in 1983 pursuant to the extension of terms provided by
992	992	16 law for transition to the consolidated election schedule under
993	993	17 the general election law, 2 of those members shall be elected
994	994	18 to serve terms of 2 years and 3 shall be elected to serve terms
995	995	19 of 4 years; their successors shall serve for a 4 year term.
996	996	20 When the voters of a district have voted to elect members of
997	997	21 the board of education for 6 year terms, as provided in Section
998	998	22 9-5, the terms of office of members of the board of education
999	999	23 of that district expire when their successors assume office
1000	1000	24 but not later than 7 days after such election. If at the
1001	1001	25 regular school election held in the first odd-numbered year
1002	1002
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1012	1012	1 after the determination to elect members for 6 year terms 2
1013	1013	2 members are elected, they shall serve for a 6 year term; and of
1014	1014	3 the members elected at the next regular school election 3
1015	1015	4 shall serve for a term of 6 years and 2 shall serve a term of 2
1016	1016	5 years. Thereafter members elected in such districts shall be
1017	1017	6 elected to a 6 year term. If at the regular school election
1018	1018	7 held in the first odd-numbered year after the determination to
1019	1019	8 elect members for 6 year terms 3 members are elected, they
1020	1020	9 shall serve for a 6 year term; and of the members elected at
1021	1021	10 the next regular school election 2 shall serve for a term of 2
1022	1022	11 years and 2 shall serve for a term of 6 years. Thereafter
1023	1023	12 members elected in such districts shall be elected to a 6 year
1024	1024	13 term. If at the regular school election held in the first
1025	1025	14 odd-numbered year after the determination to elect members for
1026	1026	15 6 year terms 4 members are elected, 3 shall serve for a term of
1027	1027	16 6 years and one shall serve for a term of 2 years; and of the
1028	1028	17 members elected at the next regular school election 2 shall
1029	1029	18 serve for terms of 6 years and 2 shall serve for terms of 2
1030	1030	19 years. Thereafter members elected in such districts shall be
1031	1031	20 elected to a 6 year term. If at the regular school election
1032	1032	21 held in the first odd-numbered year after the determination to
1033	1033	22 elect members for a 6 year term 5 members are elected, 3 shall
1034	1034	23 serve for a term of 6 years and 2 shall serve for a term of 2
1035	1035	24 years; and of the members elected at the next regular school
1036	1036	25 election 2 shall serve for terms of 6 years and 2 shall serve
1037	1037	26 for terms of 2 years. Thereafter members elected in such
1038	1038
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1048	1048	1 districts shall be elected to a 6 year term. An election for
1049	1049	2 board members shall not be held in school districts which by
1050	1050	3 consolidation, annexation or otherwise shall cease to exist as
1051	1051	4 a school district within 6 months after the election date, and
1052	1052	5 the term of all board members which would otherwise terminate
1053	1053	6 shall be continued until such district shall cease to exist.
1054	1054	7 Each member, on the date of his or her election, shall be a
1055	1055	8 citizen of the United States of the age of 18 years or over,
1056	1056	9 shall be a resident of the State and the territory of the
1057	1057	10 district for at least one year immediately preceding his or
1058	1058	11 her election, shall be a registered voter as provided in the
1059	1059	12 general election law, shall not be a school trustee, must not
1060	1060	13 have been removed from a school board pursuant to Section
1061	1061	14 2-3.25f-5 of this Code (unless subsequently appointed as a
1062	1062	15 member of an Independent Authority or if it has been 10 years
1063	1063	16 since the abolition of the Independent Authority in the
1064	1064	17 district), and shall not be a child sex offender as defined in
1065	1065	18 Section 11-9.3 of the Criminal Code of 2012. When the board of
1066	1066	19 education is the successor of the school directors, all rights
1067	1067	20 of property, and all rights regarding causes of action
1068	1068	21 existing or vested in such directors, shall vest in it as fully
1069	1069	22 as they were vested in the school directors. Terms of members
1070	1070	23 are subject to Section 2A-54 of the Election Code.
1071	1071	24 Nomination papers filed under this Section are not valid
1072	1072	25 unless the candidate named therein files with the county clerk
1073	1073	26 or the county board of election commissioners, as the case may
1074	1074
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1084	1084	1 be, of the county in which the principal office of the school
1085	1085	2 district is located a receipt from the county clerk showing
1086	1086	3 that the candidate has filed a statement of economic interests
1087	1087	4 as required by the Illinois Governmental Ethics Act. Such
1088	1088	5 receipt shall be so filed either previously during the
1089	1089	6 calendar year in which his nomination papers were filed or
1090	1090	7 within the period for the filing of nomination papers in
1091	1091	8 accordance with the general election law.
1092	1092	9 Whenever a vacancy occurs, the remaining members shall
1093	1093	10 notify the regional superintendent of that vacancy within 5
1094	1094	11 days after its occurrence and shall proceed to fill the
1095	1095	12 vacancy until the next regular school election, at which
1096	1096	13 election a successor shall be elected to serve the remainder
1097	1097	14 of the unexpired term. However, if the vacancy occurs with
1098	1098	15 less than 32 months 868 days remaining in the term, or if the
1099	1099	16 vacancy occurs less than 141 88 days before the next regularly
1100	1100	17 scheduled election for this office then the person so
1101	1101	18 appointed shall serve the remainder of the unexpired term, and
1102	1102	19 no election to fill the vacancy shall be held. Should they fail
1103	1103	20 so to act, within 60 days after the vacancy occurs, the
1104	1104	21 regional superintendent of schools under whose supervision and
1105	1105	22 control the district is operating, as defined in Section
1106	1106	23 3-14.2 of this Act, shall within 30 days after the remaining
1107	1107	24 members have failed to fill the vacancy, fill the vacancy as
1108	1108	25 provided for herein. Upon the regional superintendent's
1109	1109	26 failure to fill the vacancy, the vacancy shall be filled at the
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