Statutes > Illinois Statutes > CHAPTER 55 COUNTIES > 55 ILCS 5/ Counties Code. > Article 2 - Governing Bodies

Article 2 - Governing Bodies


      (55 ILCS 5/Art. 2 heading)
ARTICLE 2. GOVERNING BODIES


      (55 ILCS 5/Div. 2‑1 heading)
Division 2‑1. Counties under Township Organization

    (55 ILCS 5/2‑1001) (from Ch. 34, par. 2‑1001)
    Sec. 2‑1001. Regular meetings. Regular and special meetings of the county board may be held in any public building located within the county that such county board is elected to serve. Prior notice of the building selected for the meeting shall be provided by the board chairman to each member of the county board in the manner provided pursuant to the rules of the county board. Regular meetings of the board shall be held in June and September, and at such other times as may be determined by the board.
    At each regular and special meeting which is open to the public, members of the public and employees of the county shall be afforded time, subject to reasonable constraints, to comment to or ask questions of the board.
(Source: P.A. 86‑962; 86‑1028.)

    (55 ILCS 5/2‑1002) (from Ch. 34, par. 2‑1002)
    Sec. 2‑1002. Special meetings. Special meetings of the board shall be held only when requested by at least one‑third of the members of the board, or when requested by the chairman of the board in counties where such chairman is elected by the voters of the county, which request shall be in writing, addressed to the clerk of the board, and specifying the time and place of such meeting, upon reception of which the clerk shall immediately transmit notice, in writing, of such meeting, to each of the members of the board. The clerk shall also cause notice of such meeting to be published in some newspaper printed in the county, if any there be. In case a vacancy arises in the office of clerk, because of death or other reason, then the request shall be addressed to the circuit clerk who shall perform the duties of the clerk pursuant to this Section.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑1003) (from Ch. 34, par. 2‑1003)
    Sec. 2‑1003. Chairman and vice‑chairman of county board. The county board shall, unless the chairman is elected by the voters of the county, at its first meeting in the month following the month in which county board members are elected, choose one of its members as chairman for a term of 2 years and at the same meeting, choose one of its members as vice‑chairman for a term of 2 years. The vice‑chairman shall serve in the place of the chairman at any meeting of the county board in which the chairman is not present. In case of the absence of the chairman and the vice‑chairman at any meeting, the members present shall choose one of their number as temporary chairman.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑1004) (from Ch. 34, par. 2‑1004)
    Sec. 2‑1004. Certificate of election. The supervisors shall severally lay before the board, at the first meeting after the election, their several certificates of election, which shall be examined by the board, and if found regular, shall be filed in the office of the county clerk.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑1005) (from Ch. 34, par. 2‑1005)
    Sec. 2‑1005. Quorum; approval of ordinances. A majority of the members of any county board shall constitute a quorum for the transaction of business; and all questions which shall arise at meetings shall be determined by the votes of the majority of the members present, except in such cases as is otherwise provided.
    A county board in a county where the chairman is elected at large may upon passage, adoption or enactment of a specific ordinance apply the following provisions: Any ordinance passed, adopted or otherwise enacted by the board in a county where the chairman is elected at large shall be presented to the chairman before it becomes effective. If the chairman approves such ordinance, resolution or motion, he shall sign it and it shall become law on the date prescribed; if not, he shall return it to the board within 10 business days with his objections and the board shall proceed to reconsider the matter at its next meeting, to be held within 30 business days of the board's receipt of the chairman's objections. If after such reconsideration a majority of the members of the board pass such ordinance, it shall become effective on the date prescribed but not earlier than the date of passage following reconsideration. If any ordinance is not returned by the chairman to the board within 10 business days after it has been presented to him, it shall become effective at the end of the 10th day.
(Source: P.A. 86‑926.)

    (55 ILCS 5/2‑1006) (from Ch. 34, par. 2‑1006)
    Sec. 2‑1006. Open meetings. The county board shall sit with open doors, and all persons may attend their meetings. The vote on all propositions to appropriate money from the county treasury shall be taken by "ayes" and "nays" and entered on the record of the meeting.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑1007) (from Ch. 34, par. 2‑1007)
    Sec. 2‑1007. Administering oaths. The chairman of the board may administer an oath to any person concerning any matters submitted to the board, or connected with its powers and duties, and any member of the board may administer the oath required by law to any claimant presenting a claim against the county to be passed by the board. A member so administering an oath to a claimant may not charge a fee therefor.
(Source: P.A. 86‑962.)


      (55 ILCS 5/Div. 2‑2 heading)
Division 2‑2. New Towns ‑ Names

    (55 ILCS 5/2‑2001) (from Ch. 34, par. 2‑2001)
    Sec. 2‑2001. Boundaries of towns. The county board shall also have power to change the boundaries of towns, and to create new towns in their respective counties, in manner provided by law; to designate and give names thereto, and to fix the place of holding the first town meeting therein.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑2002) (from Ch. 34, par. 2‑2002)
    Sec. 2‑2002. Naming of towns. Whenever the county board shall create a new town, or change the name of an existing town, the proceedings in giving a name to such town, or changing the name of an existing town, shall be as follows: The proposed name to be given to such new town, or existing town, shall be filed in the office of the Secretary of State, there to be retained for at least one year; and the Secretary of State, at any time after the filing of such proposed name, shall, upon application of said board, grant his certificate stating that such proposed name, from information appearing in his office, has not been adopted by any city, town, village or municipal corporation in this State; which certificate must be obtained by said board before any action whatever shall be taken by said board toward making such change of name; and all proceedings instituted in any court or other place, under a name changed, without complying with the provisions of this section, shall be held to be void and of no effect. If such name has been adopted elsewhere in this State, the Secretary of State shall so notify the board, whereupon another name shall be filed in his office, which shall there remain in like manner as hereinbefore provided, and the certificate shall be issued by the Secretary of State immediately after such filing, stating that such name has not been elsewhere adopted; whereupon said board may proceed to make such change of name, and not before; and all proceedings pending, and all rights and privileges acquired in the name of such town, by such town, or by any person residing therein, shall be secured to such town or person, and such proceedings continued to final consummation in such name, the same as though the same had not been changed.
(Source: P.A. 86‑962.)


      (55 ILCS 5/Div. 2‑3 heading)
Division 2‑3. Reapportionment of County for
Election of County Board

    (55 ILCS 5/2‑3001) (from Ch. 34, par. 2‑3001)
    Sec. 2‑3001. Definitions. As used in this Division, unless the context otherwise requires:
    a. "District" means a county board district established as provided in this Division.
    b. "County apportionment commission" or "commission" means the county clerk, the State's Attorney, the Attorney General or his designated representative and the chairmen of the county central committees of the first leading political party and the second leading political party as defined in Section 1‑3 of The Election Code.
    c. "Population" means the number of inhabitants as determined by the last preceding federal decennial census.
    d. "Member" or "board member" means a person elected to serve on the county board.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑3002) (from Ch. 34, par. 2‑3002)
    Sec. 2‑3002. Counties with population of less than 3,000,000 and with township form of government.
    (a) Reapportionment required. By July 1, 1971, and each 10 years thereafter, the county board of each county having a population of less than 3,000,000 inhabitants and the township form of government shall reapportion its county so that each member of the county board represents the same number of inhabitants. In reapportioning its county, the county board shall first determine the size of the county board to be elected, which may consist of not less than 5 nor more than 29 members and may not exceed the size of the county board in that county on October 2, 1969. The county board shall also determine whether board members shall be elected at large from the county or by county board districts.
    If the chairman of the county board is to be elected by the voters in a county of less than 450,000 population as provided in Section 2‑3007, such chairman shall not be counted as a member of the county board for the purpose of the limitations on the size of a county board provided in this Section.
    (b) Advisory referenda. The voters of a county may advise the county board, through an advisory referendum, on questions concerning (i) the number of members of the county board to be elected, (ii) whether the board members should be elected from single‑member districts, multi‑member districts, or at‑large, (iii) whether voters will have cumulative voting rights in the election of county board members, or (iv) any combination of the preceding 3 questions. The advisory referendum may be initiated either by petition or by ordinance of the county board. A written petition for an advisory referendum authorized by this Section must contain the signatures of at least 8% of the votes cast for candidates for Governor in the preceding gubernatorial election by the registered voters of the county and must be filed with the appropriate election authority. An ordinance initiating an advisory referendum authorized by this Section must be approved by a majority of the members of the county board and must be filed with the appropriate election authority. An advisory referendum initiated under this Section shall be placed on the ballot at the general election designated in the petition or ordinance.
(Source: P.A. 93‑308, eff. 7‑23‑03.)

    (55 ILCS 5/2‑3002.5)
    Sec. 2‑3002.5. Beginning with members elected at the general election in 2002, counties having a population between 800,000 and 3,000,000 according to 2000 decennial census shall have no more than 18 members on their county board. If the chairman of the county board is elected at‑large by the voters of the county as provided in Section 2‑3007, the chairman shall not be counted as a member of the county board for the purpose of the limitations on the size of the county board provided in this Section. Neither a member nor the chairman of that county board shall serve simultaneously as commissioner or president of the board of commissioners of the forest preserve district. No person shall seek election to both the county board and the forest preserve commission at the same election.
(Source: P.A. 91‑933, eff. 12‑30‑00.)

    (55 ILCS 5/2‑3003) (from Ch. 34, par. 2‑3003)
    Sec. 2‑3003. Apportionment plan.
    (1) If the county board determines that members shall be elected by districts, it shall develop an apportionment plan and specify the number of districts and the number of county board members to be elected from each district and whether voters will have cumulative voting rights in multi‑member districts. Each such district:
        a. Shall be equal in population to each other
     district;
        b. Shall be comprised of contiguous territory, as
     nearly compact as practicable; and
        c. May divide townships or municipalities only when
     necessary to conform to the population requirement of paragraph a. of this Section.
        d. Shall be created in such a manner so that no
     precinct shall be divided between 2 or more districts, insofar as is practicable.
    (2) The county board of each county having a population of less than 3,000,000 inhabitants may, if it should so decide, provide within that county for single member districts outside the corporate limits and multi‑member districts within the corporate limits of any municipality with a population in excess of 75,000. Paragraphs a, b, c and d of subsection (1) of this Section shall apply to the apportionment of both single and multi‑member districts within a county to the extent that compliance with paragraphs a, b, c and d still permit the establishment of such districts, except that the population of any multi‑member district shall be equal to the population of any single member district, times the number of members found within that multi‑member district.
(Source: P.A. 93‑308, eff. 7‑23‑03.)

    (55 ILCS 5/2‑3004) (from Ch. 34, par. 2‑3004)
    Sec. 2‑3004. Failure to complete reapportionment. If any county board fails to complete the reapportionment of its county by July 1 in 1971 or any 10 years thereafter, the county clerk of that county shall convene the county apportionment commission. Three members of the commission shall constitute a quorum, but a majority of all the members must vote affirmatively on any determination made by the commission. The commission shall adopt rules for its procedure.
    The commission shall develop an apportionment plan for the county in the manner provided by Section 2‑3003, dividing the county into the same number of districts as determined by the county board. If the county board has failed to determine the size of the county board to be elected, then the number of districts and the number of members to be elected shall be the largest number to which the county is entitled under Section 2‑3002.
    The commission shall submit its apportionment plan by October 1 in the year that it is convened, except that the circuit court, for good cause shown, may grant an extension of time, not exceeding a total of 60 days, within which such a plan may be submitted.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑3005) (from Ch. 34, par. 2‑3005)
    Sec. 2‑3005. Filing of apportionment plan. The apportionment plan developed by the county board or the county apportionment commission, as the case may be, must be filed in the office of the county clerk by the time required by this Division. The county clerk shall promptly forward copies of that plan to the chairman of the county board and shall keep other copies of the plan available for distribution free of charge to any registered voter of the county requesting a copy.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑3006) (from Ch. 34, par. 2‑3006)
    Sec. 2‑3006. Failure to file apportionment plan; election of board members at large. If no apportionment plan is filed with the county clerk as required by this Division, the members of the county board shall be elected at large in the county. If the county board has determined the number of members for the board, that number shall be elected; otherwise, the number of members to be elected shall be the largest number to which the county is entitled under Sections 2‑3002 and 2‑3002.5.
(Source: P.A. 91‑933, eff. 12‑30‑00.)

    (55 ILCS 5/2‑3007)(from Ch. 34, par. 2‑3007)
    Sec. 2‑3007. Chairman of county board; election and term. Any county board when providing for the reapportionment of its county under this Division may provide that the chairman of the county board shall be elected by the voters of the county rather than by the members of the board. In that event, provision shall be made for the election throughout the county of the chairman of the county board, but in counties over 3,000,000 population no person may be elected to serve as such chairman who has not been elected as a county board member to serve during the same period as the term of office as chairman of the county board to which he seeks election. In counties over 450,000 population and under 3,000,000 population, the chairman shall be elected as chairman without having been first elected to the county board. Such chairman shall not vote on any question except to break a tie vote. In all other counties the chairman may either be elected as a county board member or elected as the chairman without having been first elected to the board. Except in counties where the chairman of the county board is elected by the voters of the county and is not required to be a county board member, whether the chairman of the county board is elected by the voters of the county or by the members of the board, he shall be elected to a 2 year term. In counties where the chairman of the county board is elected by the voters of the county and is not required to be a county board member, the chairman shall be elected to a 4 year term. In all cases, the term of the chairman of the county board shall commence on the first Monday of the month following the month in which members of the county board are elected.
(Source: P.A. 93‑847, eff. 7‑30‑04; 94‑273, eff. 1‑1‑06.)

    (55 ILCS 5/2‑3008) (from Ch. 34, par. 2‑3008)
    Sec. 2‑3008. Determination of method of compensation of members of county board. At the time it reapportions its county under this Division, the county board shall determine whether the salary to be paid the members to be elected shall be computed on a per diem basis, on an annual basis or on a combined per diem and annual basis, and shall fix the amount of that salary. If the county board desires before the next reapportionment to change the basis of payment or amount of compensation after fixing those items, it may do so by ordinance or by resolution. Those changes shall not however, take effect during the term for which an incumbent county board member has been elected. In addition, the county board shall determine the amount of any additional compensation for the chairman of the county board. The county board may adjust that additional compensation at any time adjustments in the salary of board members may be made. Those adjustments shall not however, take effect during the term for which the incumbent chairman of the county board has been elected.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑3009) (from Ch. 34, par. 2‑3009)
    Sec. 2‑3009. Terms of board members; vacancies; elections.
    (a) County board member elections by county board districts. In those counties subject to this Division which elect county board members by county board districts the members shall, no later than 45 days after December 15, 1982, and thereafter no later than September 1 of the year of the next general election following reapportionment, divide the county board districts publicly by lot as equally as possible into 2 groups. Board members or their successors from one group shall be elected for successive terms of 2 years, 4 years and 4 years; and members or their successors from the second group shall be elected for successive terms of 4 years, 4 years, and 2 years. A county under this subsection may, by ordinance, decide to divide the county board districts into 3 rather than 2 groups. If a county adopts an ordinance to this effect, the members of the county board shall divide the county board districts publicly by lot as equally as possible into 3 groups no later than September 1 of the year of the next general election following reapportionment. Board members or their successors from one group shall be elected for successive terms of 2 years, 4 years, and 4 years; members or their successors from the second group shall be elected for successive terms of 4 years, 2 years, and 4 years; and members or their successors from the third group shall be elected for successive terms of 4 years, 4 years, and 2 years. All terms shall commence on the first Monday of the month following the month of election.
    (b) County board member elections at large. In those counties which elect county board members at large, under Sections 2‑3002 and 2‑3006, the members elected in the general election following reapportionment shall, no later than 45 days after taking office, divide themselves publicly by lot as equally as possible into 2 groups. Board members or their successors from one group shall be elected for successive terms of 2 years, 4 years and 4 years; and members or their successors from the second group shall be elected for successive terms of 4 years, 4 years and 2 years. A county under this subsection may, by ordinance, decide to divide the county board members into 3 rather than 2 groups. If a county adopts an ordinance to this effect, the members of the county board elected in the general election following reapportionment shall, no later than 45 days after taking office, divide themselves publicly by lot as equally as possible into 3 groups. Board members or their successors from one group shall be elected for successive terms of 2 years, 4 years, and 4 years; members and their successors from the second group shall be elected for successive terms of 4 years, 2 years, and 4 years; and members or their successors from the third group shall be elected for successive terms of 4 years, 4 years, and 2 years. All terms shall commence on the first Monday of the month following the month of election.
    (c) Vacancies; time for elections. In counties under subsection (a) or (b), if a vacancy occurs in the office of chairman of the county board, the remaining members of the board shall elect one of the members of the board to serve for the balance of the unexpired term of the chairman.
    In counties under subsection (a) or (b), the time for the election of county board members shall be as provided by the general election law for the election of such members.
(Source: P.A. 86‑962; 87‑924.)

    (55 ILCS 5/2‑3010) (from Ch. 34, par. 2‑3010)
    Sec. 2‑3010. Multi‑member districts. In making the determination by lot, pursuant to Section 2‑3009, as to which members shall serve for 2 years and which for 4 years, the county board of a county having multi‑member districts may provide for the drawing of lots in such manner as to insure that in each district the number of members drawing 2 year and 4 year terms, respectively, shall be equal, or as nearly equal as possible.
    Any such determination by lot made before October 1, 1973 is validated.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑3015)
    Sec. 2‑3015. Qualifications of County Board Members and Commissioners. In counties with a population of 3,000,000 or less, no person is eligible to hold the office of county board member or commissioner unless he or she is a legal voter and has been a resident of the county for at least one year next preceding the election.
(Source: P.A. 90‑173, eff. 1‑1‑98.)


      (55 ILCS 5/Div. 2‑4 heading)
Division 2‑4. Counties not under Township Organization

    (55 ILCS 5/2‑4001) (from Ch. 34, par. 2‑4001)
    Sec. 2‑4001. Oath of county commissioners. Each member of the board of county commissioners shall be commissioned by the governor, and shall, before entering upon the duties of his office, take and subscribe the following oath, which shall be filed in the office of the county clerk:
    I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States, and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of county commissioner of .... county, according to the best of my ability.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑4002) (from Ch. 34, par. 2‑4002)
    Sec. 2‑4002. Time of meetings. The board of county commissioners shall hold regular sessions for the transaction of the business of the county on the call of the chairman, or any two members of said board, whenever the business of the county requires it.
(Source: P.A. 86‑962; 87‑1208.)

    (55 ILCS 5/2‑4003) (from Ch. 34, par. 2‑4003)
    Sec. 2‑4003. Chairman. At the session of said commissioners in December of each year, they shall elect one of their number chairman for the ensuing year, who shall preside at their sessions and perform such duties as are or may be prescribed by law or by the order of said board.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑4004) (from Ch. 34, par. 2‑4004)
    Sec. 2‑4004. Conduct of meetings. A majority of the members of said board shall constitute a quorum to do business, and, in the absence of the chairman, a chairman pro tem may be appointed. The board shall sit with open doors, and all persons may attend their meetings. The vote on all propositions to appropriate money from the county treasury shall be taken by "ayes" and "nays" and entered on the record of the meeting.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑4005) (from Ch. 34, par. 2‑4005)
    Sec. 2‑4005. Administering oaths. The chairman or any member of the board of county commissioners may administer oaths to persons, concerning any matter submitted to the board, or connected with their powers or duties.
(Source: P.A. 86‑962.)

    (55 ILCS 5/2‑4006)
    Sec. 2‑4006. Terms of commissioners.
    (a) In every county not under township organization having 3 commissioners elected at large as described in subsection (b) or (c), the commissioners shall be elected as provided in