There is a newer version of the Illinois Compiled Statutes
2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Division 20 - Elected City Officers
(65 ILCS 5/3.1‑20‑5) (from Ch. 24, par. 3.1‑20‑5)
Sec. 3.1‑20‑5.
Clerk and treasurer.
The city clerk and the city treasurer
shall be elected at the same time that the mayor is elected, except in the case
of an election to fill a mayoral vacancy and except in the case of a city
having 10,000 or fewer inhabitants in which, by ordinance, the position of city
treasurer is an appointed position. If a vacancy occurs in the office of city
clerk or city treasurer, it shall be filled by the mayor with the advice and
consent of the city council. The person so appointed shall hold office for the
unexpired term of the officer elected.
(Source: P.A. 87‑1119; 88‑572, eff. 8‑11‑94.)
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(65 ILCS 5/3.1‑20‑10) (from Ch. 24, par. 3.1‑20‑10)
Sec. 3.1‑20‑10.
Aldermen; number.
(a) Except as otherwise provided in subsections (b) and (c) of this
Section, Section 3.1‑20‑20, or as otherwise provided in the case of
aldermen‑at‑large,
the number of aldermen, when not elected by the minority
representation plan, shall be as follows: in cities not exceeding 3,000
inhabitants, 6 aldermen; exceeding 3,000 but not exceeding 15,000, 8 aldermen;
exceeding 15,000 but not exceeding 20,000, 10 aldermen; exceeding 20,000 but
not exceeding 50,000, 14 aldermen; exceeding 50,000 but not exceeding 70,000,
16 aldermen; exceeding 70,000 but not exceeding 90,000, 18 aldermen; and from
90,000 to 500,000, 20 aldermen. No redistricting shall be required in order
to reduce the number of aldermen in order to comply with this Section.
(b) Instead of the number of aldermen set forth in subsection (a), a
municipality with 15,000 or more inhabitants may adopt, either by ordinance
or by resolution, at least 180 days prior to the first municipal election
following the municipality's receipt of the new federal decennial census
results, the following number of aldermen: in cities exceeding 15,000 but not
exceeding 20,000, 8 aldermen; exceeding 20,000 but not
exceeding 50,000, 10 aldermen; exceeding 50,000 but not exceeding 70,000, 14
aldermen; exceeding 70,000 but not exceeding 90,000, 16 aldermen; and exceeding
90,000 but not exceeding 500,000, 18 aldermen.
(c) Instead of the number of aldermen set forth in subsection (a), a
municipality with 40,000 or more inhabitants may adopt, either by ordinance
or by resolution, at least 180 days prior to the first municipal election
following the municipality's receipt of the new federal decennial census
results, the following number of aldermen: in cities exceeding 40,000 but
not exceeding 50,000, 16 aldermen.
(Source: P.A. 92‑651, eff. 7‑11‑02; 92‑727, eff. 7‑25‑02.)
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(65 ILCS 5/3.1‑20‑15) (from Ch. 24, par. 3.1‑20‑15)
Sec. 3.1‑20‑15.
Division into wards.
Except as otherwise provided in
Section 3.1‑20‑20, every city shall
have one‑half as many wards as the total number of aldermen to which the
city is entitled. The city council, from time to time, shall divide the city
into that number of wards.
(Source: P.A. 87‑1119.)
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(65 ILCS 5/3.1‑20‑20) (from Ch. 24, par. 3.1‑20‑20)
Sec. 3.1‑20‑20.
Aldermen; restrict or reinstate number.
(a) In a city of less than 100,000 inhabitants, a
proposition to restrict the number of aldermen to one‑half of the total
authorized by Section 3.1‑20‑10, with one alderman representing each ward,
shall be certified by the city clerk to the proper election authorities,
who shall submit the proposition at an election in accordance with the general
election law, if a petition requesting that action
is signed by electors of the city numbering not less than 10% of the
total vote cast at the last election for mayor of the city and the petition
is filed with the city clerk.
The proposition shall be substantially in the
following form:
Shall (name of city) restrict the number of aldermen | ||
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If a majority of those voting on the proposition vote in favor of
it, all existing aldermanic terms shall expire as of the date of the
next regular aldermanic election, at which time a full complement of
aldermen shall be elected for the full term.
(b) In a city of less than 100,000 inhabitants, a
proposition to restrict the number of aldermen to
one alderman per ward, with one alderman representing each ward,
plus an additional number of aldermen not to exceed the number of
wards in the city to be elected at large, shall be certified by the city
clerk to the proper election authorities,
who shall submit the proposition at an election in accordance with the general
election law, if a petition requesting that action
is signed by electors of the city numbering not less than 10% of the
total vote cast at the last election for mayor of the city and the petition
is filed with the city clerk.
The proposition shall be substantially in the
following form:
Shall (name of city) restrict the number of aldermen | ||
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If a majority of those voting on the proposition vote in favor of
it, all existing aldermanic terms shall expire as of the date of the
next regular aldermanic election, at which time a full complement of
aldermen shall be elected for the full term.
(c) In a city of less than 100,000 inhabitants where a proposition
under subsection (a) or (b) has been successful, a proposition to reinstate the
number of aldermen in accordance with Section 3.1‑20‑10 shall be certified by
the city clerk to the proper election authorities, who shall submit the
proposition at an election in accordance with the general election law, if a
petition requesting that action has been signed by electors of the city
numbering not less than 10% of the total vote cast at the last election for
mayor of the city and the petition has been filed with the city clerk.
The election authority must submit the proposition in substantially
the following form:
Shall (name of city) reinstate the number of | ||
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The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the proposition vote in the
affirmative, then, if the restriction in the number of aldermen has taken
effect, all existing aldermanic terms shall expire as of the date of the next
regular aldermanic election, at which time a full complement of aldermen shall
be elected for the full term and thereafter terms shall be determined in
accordance with Section 3.1‑20‑35.
(Source: P.A. 92‑727, eff. 7‑25‑02.)
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(65 ILCS 5/3.1‑20‑22) (from Ch. 24, par. 3.1‑20‑22)
Sec. 3.1‑20‑22.
Aldermen; staggered terms.
In any city of less than
100,000 inhabitants, a
proposition to stagger the terms of aldermen, with as nearly as possible
one‑half of the aldermen elected every 2 years, shall be certified by the
city clerk to the proper election authority, who shall submit the
proposition at an election in accordance with the general election law, if
a petition requesting that action is signed by electors of the city
numbering at least 10% of the total vote cast at the last election for mayor of
the
city and is filed with the city clerk.
The ballot shall have printed on it, but not as a part of the
proposition submitted, the following information for voters: one alderman
elected from each even‑numbered ward shall serve a term of 2 years; one
alderman elected from each odd‑numbered ward shall serve a term of 4 years.
The proposition shall be substantially in the following form:
Shall (name of city) adopt a system of staggered | ||
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If a majority of those voting on the proposition vote in favor of it, then at
the next regular election for aldermen one alderman shall be elected from
each even‑numbered ward for a term of 2 years and one alderman shall be
elected from each odd‑numbered ward for a term of 4 years. Thereafter,
their successors shall be elected for terms of 4 years.
(Source: P.A. 87‑1119.)
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(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 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.)
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(65 ILCS 5/3.1‑20‑30) (from Ch. 24, par. 3.1‑20‑30)
Sec. 3.1‑20‑30.
Validation of actions.
After an official census is
officially published, if a city
is divided into a greater number of wards and has elected a greater number
of aldermen than the city is entitled to, the division and
election shall, nevertheless, be valid and all acts, resolutions, and
ordinances of the
city council of that city, if in other respects in compliance with law, are
valid.
(Source: P.A. 87‑1119.)
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(65 ILCS 5/3.1‑20‑35) (from Ch. 24, par. 3.1‑20‑35)
Sec. 3.1‑20‑35.
Determining terms.
(a) Aldermen elected at the first election for city officers after
the election of aldermen for the initial terms provided for in Section
2‑2‑11 shall draw lots to determine which aldermen in each ward
shall hold office for a 4 year term, and until a successor is elected and has
qualified, and which aldermen in each ward shall hold office for a 2 year
term, and until a successor is elected and has qualified. All aldermen
thereafter elected
shall hold office for a term of 4 years, and until their successors are
elected and have qualified, except in cities that adopt a 2 year term
under Section 3.1‑10‑65 and except as otherwise provided in Section
3.1‑20‑20.
(b) If a city that has had the minority representation plan has voted not
to retain the plan, then at the first election for city officers following
the vote 2 aldermen shall be elected from each ward in the city and their
terms shall be staggered in the manner set forth in subsection (a).
The
tenure of these aldermen and their successors shall be the same as that
stated in subsection (a).
(Source: P.A. 87‑1119.)
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(65 ILCS 5/3.1‑20‑40) (from Ch. 24, par. 3.1‑20‑40)
Sec. 3.1‑20‑40.
Other officers; election rather than appointment.
Instead of providing for the appointment of the
following officers as provided in Section 3.1‑30‑5, the city council, in
its discretion, may provide by ordinance passed by a two‑thirds vote of
all the aldermen elected for the election by the electors of the city of
a city collector, a city marshal, a city superintendent of streets, a
corporation counsel, a city comptroller, or any of them, and any other
officers which the city council considers necessary or expedient. By
ordinance or resolution, to take effect at the end of the current fiscal
year, the city council, by a like vote, may discontinue any office so
created and devolve the duties of that office on any other city
officer. After discontinuance of an office, no officer filling that office
before its discontinuance shall have any claim against the city for salary
alleged to
accrue after the date of discontinuance.
(Source: P.A. 87‑1119.)
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(65 ILCS 5/3.1‑20‑45)
Sec. 3.1‑20‑45.
Nonpartisan primary elections; uncontested office.
A city
incorporated under this Code that elects municipal officers at nonpartisan
primary and
general elections shall conduct the elections as provided in the Election Code,
except that
no office for which nomination is uncontested shall be included on the primary
ballot and
no primary shall be held for that office. For the purposes of this Section, an
office is
uncontested when not more than two persons to be nominated for each
office
have timely filed valid nominating papers seeking nomination for the election
to that
office.
Notwithstanding the preceding paragraph, when a person (i) who has not timely
filed valid nomination papers and (ii) who intends to become a write‑in
candidate for
nomination for any office for which nomination is uncontested files a written
statement
or notice of that intent with the proper election official with whom the
nomination papers
for that office are filed, a primary ballot must be prepared and a primary must
be held for
the office. The statement or notice must be filed on or before the 61st day
before the consolidated primary election.
The statement
must
contain (i) the name and address of the person intending to become a write‑in
candidate,
(ii) a statement that the person intends to become a write‑in candidate, and
(iii) the office
the person is seeking as a write‑in candidate. An election authority has no
duty to
conduct a primary election or prepare a primary ballot unless a statement
meeting the
requirements of this paragraph is filed in a timely manner.
(Source: P.A. 91‑57, eff. 6‑30‑99.)
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