2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Division 3 - Election Of Officers
(65 ILCS 5/Art. 4 Div. 3 heading)
DIVISION 3.
ELECTION OF OFFICERS
(65 ILCS 5/4‑3‑1) (from Ch. 24, par. 4‑3‑1)
Sec. 4‑3‑1.
All municipalities which have adopted the commission form
of municipal government prior to August 15, 1941, shall elect a mayor and
4 commissioners at a general municipal election held
in an odd numbered year upon the expiration of the term of
office of the mayor or president, and every 4 years thereafter. The day
when elections in these municipalities shall be held shall be determined
by the provisions of the general election law.
In all municipalities which adopt this article on or after August 15, 1941,
the terms of office of all elected municipal officers (1) holding office
at the time this article is adopted, or (2) elected on the same day that
this article is adopted, or (3) elected at the next biennial election held
after the adoption,
shall expire at the end of their respective terms but not later than the
expiration of the term of office of the mayor or president who is holding
office at the time of the adoption of this article or who is elected to
the office of mayor or president on the same day that this article is adopted,
as the case may be.
All municipalities which adopt this article on or after August 15, 1941,
shall elect a mayor and 4 commissioners at a general municipal election
held in an odd numbered year upon the
expiration of the term of office of the mayor or president as provided in
the next preceding paragraph, and every 4 years thereafter. The day when
elections in these municipalities shall be held shall be determined
by the provisions of the general election law.
(Source: P.A. 81‑1490.)
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(65 ILCS 5/4‑3‑2) (from Ch. 24, par. 4‑3‑2)
Sec. 4‑3‑2.
Whenever a municipality adopts this article it shall
discontinue its division into wards. The mayor and 4 commissioners of the
municipality shall be nominated and elected at large.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4‑3‑3) (from Ch. 24, par. 4‑3‑3)
Sec. 4‑3‑3.
The mayor and commissioners elected under Section 4‑3‑1 shall
be known as the council.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4‑3‑4) (from Ch. 24, par. 4‑3‑4)
Sec. 4‑3‑4.
Terms of office; vacancy.
(a) Except as otherwise provided in
this article, the mayor and
commissioners elected under Section 4‑3‑1 shall hold their respective offices
for the term of 4 years and until their successors are elected and have
qualified.
(b) If a vacancy occurs in any of these offices, the remaining members
of the
council, within 30 days after the vacancy occurs, shall
appoint a person to fill the vacancy
for the balance of the unexpired term or until the vacancy is filled
by interim election under Section 3.1‑10‑50 and until the successor is
elected and has qualified.
(Source: P.A. 87‑1119.)
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(65 ILCS 5/4‑3‑5) (from Ch. 24, par. 4‑3‑5)
Sec. 4‑3‑5.
All candidates for nomination to be voted for at all general
municipal elections at which a mayor and 4 commissioners are to be elected
under this article shall be nominated from the municipality at large by
a primary election.
Notwithstanding any other provision of law, no primary shall be held in any
municipality when the nomination for every office to be voted upon by the
electors of the municipality is uncontested. If the nomination of candidates
is uncontested as to one or more, but not all, of the offices to be voted upon
by the electors of the municipality, then a primary must be held in the
municipality, provided that the primary ballot shall not include those offices
in
the municipality for which the nomination is uncontested. For the purposes of
this Section, an office is uncontested when not more than the number of persons
to be nominated to the office have timely filed valid nominating papers seeking
nomination for 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.
Only the names of those persons nominated
in the manner prescribed in this article shall be placed upon the
ballot at the general municipal election. The municipal clerk shall certify
the offices to be filled and the candidates therefor to the proper election
authority as provided in the general election law.
A primary for such offices, if required, shall be held in accordance
with the provisions of the general election law.
(Source: P.A. 91‑57, eff. 6‑30‑99.)
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(65 ILCS 5/4‑3‑6) (from Ch. 24, par. 4‑3‑6)
Sec. 4‑3‑6.
The provisions
of the general election law shall apply to and govern
all elections held under this article.
(Source: P.A. 81‑1490.)
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(65 ILCS 5/4‑3‑7) (from Ch. 24, par. 4‑3‑7)
Sec. 4‑3‑7.
Any person desiring to become a candidate for nomination for
mayor or commissioner shall file with the municipal clerk, or, in those
municipalities having a board of election commissioners, with the clerk
of that board, a statement of his candidacy, in the form provided in the
general election law. This statement shall be filed at the time provided
in the general election law.
This statement shall be sworn (or affirmed) before an officer,
in which the person making the statement resides, authorized to
administer oaths. If the municipality has voted, as provided in Section
4‑3‑19, to require candidates for commissioner to run for a specific office,
a statement of candidacy for commissioner shall specify whether the candidacy
is for commissioner of accounts and finances, commissioner of public health
and safety, commissioner of streets and public improvements, or commissioner
of public property. No person shall file statements
of candidacy for both mayor and commissioner or for more than one of the
commissioner offices.
Any person having filed as a candidate for mayor or commissioner may withdraw
within the time provided in the general election law.
(Source: P.A. 81‑1490.)
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(65 ILCS 5/4‑3‑8) (from Ch. 24, par. 4‑3‑8)
Sec. 4‑3‑8.
At the same time that one files his statement of candidacy
he shall also file with the clerk specified in Section 4‑3‑7 a petition
requesting his candidacy. Such petition shall contain a number of signatures
of electors, residing within the same municipality as the candidate, equal
to at least 1% of the total vote cast at the last preceding election in
the municipality for mayor. This petition shall be in substantially the
form provided in the general election law.
(Source: P.A. 81‑1490.)
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(65 ILCS 5/4‑3‑10) (from Ch. 24, par. 4‑3‑10)
Sec. 4‑3‑10.
The proper election authority, in accordance with the general
election law shall have the primary ballots printed in the same manner,
in the same number and within the same time as ballots are printed under
the general election law, except as herein otherwise provided. The names
of the candidates for mayor,
shall be placed first on the primary ballots, in substantially the form
specified in this section. Following these names shall appear the names
of the candidates for commissioners in substantially the form specified
in this section; provided that if the municipality has voted, as provided
in Section 4‑3‑19, to require candidates for commissioner to run for a specific
office, the names of the candidates for commissioner of public accounts
and finances, commissioner of public health and safety, commissioner of
streets and public improvements, and commissioner of public
property, respectively, shall appear
under the designation of the applicable office, in substantially the form
specified in Section 4‑3‑10.1. The primary
ballots shall comply with the general election law, except as herein otherwise
provided. Such ballots shall
designate no party, platform, political principle, appellation, or mark
whatever. Nor shall any circle be printed at the head of the primary
ballots.
Except where candidates for commissioner are required to run for a specific
office, the primary ballots shall be in substantially the following form:
OFFICIAL PRIMARY BALLOT.
CANDIDATES FOR NOMINATION FOR MAYOR
AND COMMISSIONERS OF THE CITY (OR
VILLAGE) OF.... AT THE
PRIMARY ELECTION.
FOR MAYOR
(VOTE FOR ONE.)
( ) JOHN JONES.
( ) JAMES SMITH.
( ) HENRY WHITE.
( ) RALPH WILSON.
FOR COMMISSIONERS
(VOTE FOR FOUR)
( ) HARRY BROWN.
( ) ROBERT BUCK.
( ) WILLIAM BURKE.
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
( ) EDWARD STUART.
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
(Source: P.A. 81‑1490.)
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(65 ILCS 5/4‑3‑10.1) (from Ch. 24, par. 4‑3‑10.1)
Sec. 4‑3‑10.1.
If the municipality has voted, as provided in Section
4‑3‑19, to require candidates for commissioner to run for a specific
office, the primary ballots shall be in substantially the following form:
OFFICIAL PRIMARY BALLOT.
CANDIDATES FOR NOMINATION FOR MAYOR
AND COMMISSIONERS OF THE CITY
(OR VILLAGE) OF ....
AT THE PRIMARY ELECTION.
FOR MAYOR
(VOTE FOR ONE.)
( ) JOHN JONES.
( ) JAMES SMITH.
( ) HENRY WHITE.
( ) RALPH WILSON.
FOR COMMISSIONER OF ACCOUNTS AND
FINANCES
(VOTE FOR ONE)
( ) HARRY BROWN.
( ) ROBERT BUCK.
( ) WILLIAM BURKE.
( ) ALEXANDER HAMILTON.
FOR COMMISSIONER OF PUBLIC HEALTH
AND SAFETY
(VOTE FOR ONE)
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
( ) EDWARD STUART.
FOR COMMISSIONER OF STREETS AND
PUBLIC IMPROVEMENTS
(VOTE FOR ONE)
( ) G. E. HAUSSMANN.
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
FOR COMMISSIONER OF PUBLIC PROPERTY
(VOTE FOR ONE)
( ) IMMANUEL KANT.
( ) JAMES J. JEFFRIES.
(Source: Laws 1965, p. 2677.)
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(65 ILCS 5/4‑3‑13) (from Ch. 24, par. 4‑3‑13)
Sec. 4‑3‑13.
Only the names of the 2 candidates receiving the highest number
of votes for mayor shall be placed upon the ballot for mayor at the next
succeeding general municipal election, and only the names of the 8 candidates
receiving the highest number of votes for commissioners, or the names of
all such candidates if less than 8, shall be placed upon the ballot for
such office at such municipal election; provided, however, that if the municipality
has voted, as provided in Section 4‑3‑19, to require candidates for commissioner
to run for a specific office, only the names of the 2 candidates receiving
the highest number of votes for each of the commissioner offices shall be
placed upon the ballot for such office at such municipal election. However,
an elector, either at a primary election or general municipal election,
held under this article, may write in the names of the candidates of his
choice in accordance with the general election law. If, however,
the name of only one
candidate for a particular office appeared on the primary ballot, the name
of the person having the largest number of write‑in votes shall not be placed
upon the ballot at the general municipal election unless the number of votes
received in the primary by such person was at least 10% of the number of
votes received by the candidate for the same office whose name appeared
on the primary ballot.
If a nominee at a general primary should die or withdraw before the general
municipal election, there shall be placed on the ballot the name of the
candidate receiving the next highest number of votes and so on in case of
the death or withdrawal of more than one nominee.
If in the application of this section there occurs the condition provided
for in Section 4‑3‑14, there shall be placed on the ballot the name of the
candidate who was not chosen by lot under Section 4‑3‑14 where one of two
tied candidates had been placed on the ballot before the death or withdrawal
occurred. If, however, in the application of this section, the candidate
with the next highest number of votes cannot be determined because of a
tie among 2 or more candidates, the successor nominee, whose name shall
be placed on ballot, shall be determined by lot as provided in Section 4‑3‑14.
(Source: P.A. 81‑1490.)
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(65 ILCS 5/4‑3‑14) (from Ch. 24, par. 4‑3‑14)
Sec. 4‑3‑14.
If, upon the canvass of the returns of the primary election
specified in Section 4‑3‑5, the canvassing board finds that there are tied
candidates for mayor or commissioner so that the appropriate number of
candidates receiving the highest number of votes cannot be determined, the
canvassing board shall determine by lot which of the tied candidates shall
be nominated for the positions for which they are tied.
In these cases, the canvassing board shall issue to the tied candidates
written notice of the tie vote, stating therein the place, the day (which
shall not be more than 5 days thereafter), and the hour when the nomination
is to be so determined.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4‑3‑16) (from Ch. 24, par. 4‑3‑16)
Sec. 4‑3‑16.
Upon the ballots for the general municipal election the names
of the nominees for mayor shall be placed first, in substantially the form
specified in this section. Following these names, the names of the nominees
for commissioners shall appear under each office, in substantially the form
specified in this section; provided that if the municipality has voted,
as provided in Section 4‑3‑19, to require candidates for commissioner to
run for a specific office, the names of the candidates for commissioner
of public accounts and finances, commissioner of public health and safety,
commissioner of streets and public improvements, and commissioner of public
property, respectively, shall appear
under the designation of the applicable office, in substantially the form
specified in Section 4‑3‑16.1.
The ballots shall be in the form provided by the general election law, except
as herein otherwise provided, but they shall designate no party, platform,
political principle, appellation, or mark whatever. Nor shall any circle
be printed at the head of the ballots. Except where candidates for commissioner
are required to run for a specific office, the ballots shall be in substantially
the following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COMMISSIONERS
OF THE CITY (OR VILLAGE) OF....
AT THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
(VOTE FOR ONE)
( ) JOHN JONES.
( ) JAMES SMITH.
FOR COMMISSIONERS
(VOTE FOR FOUR)
( ) HARRY BROWN.
( ) ROBERT BUCK.
( ) WILLIAM BURKE.
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
( ) EDWARD STUART.
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
(Source: P.A. 81‑1490.)
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(65 ILCS 5/4‑3‑16.1) (from Ch. 24, par. 4‑3‑16.1)
Sec. 4‑3‑16.1.
If the municipality has voted, as provided in Section
4‑3‑19, to require candidates for commissioner to run for a specific
office, the ballots for the general municipal election shall be in
substantially the following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COMMISSIONERS
OF THE CITY (OR VILLAGE) OF ....
AT THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
(VOTE FOR ONE)
( ) JOHN JONES.
( ) JAMES SMITH.
FOR COMMISSIONER OF ACCOUNTS
AND FINANCES
(VOTE FOR ONE)
( ) HARRY BROWN.
( ) ROBERT BUCK.
FOR COMMISSIONER OF PUBLIC HEALTH
AND SAFETY
(VOTE FOR ONE)
( ) GEORGE MILLER.
( ) ARTHUR ROBBINS.
FOR COMMISSIONER OF STREETS AND
PUBLIC IMPROVEMENTS
(VOTE FOR ONE)
( ) JOSEPH TROUT.
( ) THOMAS WILLIAMS.
FOR COMMISSIONER OF PUBLIC PROPERTY
(VOTE FOR ONE)
( ) JAMES J. JEFFRIES.
( ) JAMES SMITH.
(Source: Laws 1965, p. 2677.)
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(65 ILCS 5/4‑3‑17) (from Ch. 24, par. 4‑3‑17)
Sec. 4‑3‑17.
All general municipal elections under this
article shall be held, conducted, and contested under the provisions of
the general election law, except that the contest of
the election of mayor and commissioners shall be conducted in the circuit
court. The council under this article shall not be the judge
of the election and qualification of its members.
(Source: P.A. 81‑1490.)
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(65 ILCS 5/4‑3‑18) (from Ch. 24, par. 4‑3‑18)
Sec. 4‑3‑18.
All officers, assistants, and employees in any municipality
under the commission form of municipal government shall be elected or
appointed in accordance with this article with reference to their
qualifications and fitness and for the good of the public service, and
without reference to their political or religious faith or party
affiliations.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/4‑3‑19) (from Ch. 24, par. 4‑3‑19)
Sec. 4‑3‑19.
Any municipality subject to this Article may, by a vote
of the electors thereof as hereinafter provided, elect to require
candidates for commissioner to run for a specific office.
The question of requiring candidates for commissioner to run for a
specific office shall be certified by the municipal clerk to the proper
election authority who shall submit the proposition
to the electors of the municipality upon a resolution adopted by
the council or upon petition filed with the municipal clerk and signed by electors of
the municipality equal in number to at least 10% of the number of votes
cast for the candidates for mayor at the last preceding general
quadrennial municipal election. The proposition shall be in substantially
the following form:
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
Shall candidates for commissioner YES
in the city (or village) of...... be ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
required to run for a specific office? NO
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
If a majority of the electors in the municipality voting upon the
question vote in the affirmative, candidates for commission shall
thereafter run for the specific office of commissioner of accounts and
finances, commissioner of public health and safety, commissioner of
streets and public improvements, or commissioner of public property, and
the electors of the municipality shall, at each general municipal
election thereafter, elect one person to each such specific office,
rather than electing four commissioners without further designation.
(Source: P.A. 81‑1489.)
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(65 ILCS 5/4‑3‑20) (from Ch. 24, par. 4‑3‑20)
Sec. 4‑3‑20.
Any municipality which has adopted the provisions of
Section 4‑3‑19 may by referendum elect to require candidates for the
office of commissioner to run without designation as provided under
Sections 4‑3‑10 and 4‑3‑16.
The question of requiring candidates to run for the office of
commissioner without designation rather than for a specific office may
be submitted to the electors of the municipality by the council or upon
a petition signed by electors of the
municipality equal in number to at least 10% of the number of votes cast
for candidates for mayor at the last preceding general quadrennial
municipal election. Such question shall be
certified by the municipal clerk to the proper election authorities who
shall submit the proposition at an election in accordance with the general
election law. The question shall be in substantially the following form:
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
Shall candidates for commissioner YES
in the city (or village) of..... ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
no longer be required to run for
a specific office? NO
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
If a majority of the electors in the municipality voting upon the
question vote in the affirmative, candidates for commissioner shall
thereafter run for the office of commissioner without designation and
not for any specific office in the manner as provided in Sections 4‑3‑10
and 4‑3‑16.
(Source: P.A. 81‑1489.)
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