Find Legal Information

Division 2 - Election Of Officers

      (65 ILCS 5/Art. 5 Div. 2 heading)DIVISION 2. ELECTION OF OFFICERS

(65 ILCS 5/5‑2‑1) (from Ch. 24, par. 5‑2‑1)     Sec. 5‑2‑1. If a city or village adopts the managerial form of municipal government and also elects to choose aldermen or trustees, as the case may be, from wards or districts, then the city council shall be constituted as provided in Sections 5‑2‑2 through 5‑2‑10 and the village board shall be constituted as provided in Section 5‑2‑11 and the incumbent aldermen, trustees, mayor, president, clerk and treasurer shall continue in office until expiration of their present terms. If a city has voted to elect only one alderman from each ward then no election for a successor for the alderman from each ward whose term next expires shall be held, and upon the expiration of the terms of the aldermen having the longest time to serve at the time of adoption of this Article 5 only one successor shall be elected from each ward. In case a city votes to elect only one alderman from each ward, the number of aldermen prescribed by Section 5‑2‑2 shall be halved, for the purposes of this Article 5 and the provisions of Section 5‑2‑4 prescribing the number of wards shall not apply but such city shall have an equal number of wards and aldermen. The mayor of a city and the president of a village board shall be elected from the city or village at large. (Source: Laws 1961, p. 576.)

(65 ILCS 5/5‑2‑2) (from Ch. 24, par. 5‑2‑2)     Sec. 5‑2‑2. Except as otherwise provided in Section 5‑2‑3, 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 30,000, 14 aldermen; and 2 additional aldermen for every 20,000 inhabitants over 30,000. In all cities of less than 500,000, 20 aldermen shall be the maximum number permitted except as otherwise provided in the case of aldermen‑at‑large. No redistricting shall be required in order to reduce the number of aldermen heretofore provided for. Two aldermen shall be elected to represent each ward.     If it appears from any census specified in Section 5‑2‑5 and taken not earlier than 1940 that any 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 in accordance with the provisions of Section 5‑2‑5, and it 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 whatever manner the council shall direct and all other aldermen shall fill their unexpired terms as aldermen‑at‑large. The aldermen‑at‑large, if any, shall have the same power and duties as all other aldermen but upon expiration of their terms the offices of aldermen‑at‑large shall be abolished.     If the re‑districting 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 the provisions of Section 5‑2‑8. (Source: P.A. 93‑847, eff. 7‑30‑04.)

(65 ILCS 5/5‑2‑3) (from Ch. 24, par. 5‑2‑3)     Sec. 5‑2‑3. In any city or village of less than 100,000 inhabitants, a proposition to restrict the number of aldermen to one‑half of the total authorized by Section 5‑2‑2, with one alderman representing each ward, shall be certified by the municipal 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 such action is signed by electors of the municipality numbering not less than 10% of the total vote cast at the last election for mayor or president of the board of trustees of the municipality, and is filed with the city or village clerk in accordance with the general election law.     The proposition shall be substantially in the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑     Shall the City (or Village) of ........ restrict the number of        YES  aldermen to one‑half of the total  authorized by Section 5‑2‑2 of the  ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑  Illinois Municipal Code, with one       NO  alderman representing each ward? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑     If a majority of those voting upon 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. (Source: P.A. 81‑1489.)

(65 ILCS 5/5‑2‑3.1) (from Ch. 24, par. 5‑2‑3.1)     Sec. 5‑2‑3.1. In any municipality in which only one alderman is elected from each ward, 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 to the proper election authority who shall submit the proposition at an election in accordance with the general election law, if a petition requesting such action is signed by electors of the municipality numbering at least 10% of the total vote cast at the last election for mayor or president of the board of trustees of the municipality and is filed with the municipal clerk.     The proposition shall be substantially in the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑     Shall the City (or Village) of        YES ............ adopt a system of    ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑  staggered terms for aldermen?            NO ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑     If a majority of those voting on the proposition vote in favor of it, 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. 81‑1489.)

(65 ILCS 5/5‑2‑4) (from Ch. 24, par. 5‑2‑4)     Sec. 5‑2‑4. Except as otherwise provided in Section 5‑2‑3, 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. In the formation of wards the population of each shall be as nearly equal, and the wards shall be of as compact and contiguous territory, as practicable. (Source: Laws 1961, p. 576.)

(65 ILCS 5/5‑2‑5) (from Ch. 24, par. 5‑2‑5)     Sec. 5‑2‑5. Whenever an official publication of any national, state, school, or city census shows that any city contains more or less wards than it is entitled to, the city council of the city, by ordinance, shall redistrict the city into as many wards only as the city is entitled. This redistricting shall be completed not less than 30 days before the first date fixed by 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. (Source: P.A. 81‑1489.)

(65 ILCS 5/5‑2‑6) (from Ch. 24, par. 5‑2‑6)     Sec. 5‑2‑6. A redistricting ordinance which 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 30 days prior to the first date fixed by law for the filing of candidate petitions for the next succeeding election for city officers, a specified census is officially published which shows that the city has regained a population that entitles it to the number of wards which it had just prior to the passage of the last redistricting ordinance. (Source: P.A. 81‑1489.)

(65 ILCS 5/5‑2‑7) (from Ch. 24, par. 5‑2‑7)     Sec. 5‑2‑7. If, after a specified census is officially published, any city is divided into a greater number of wards and has elected a greater number of aldermen than the city is entitled, nevertheless such division and election shall be valid and all acts, resolutions, and ordinances of the city council of such city, if in other respects in compliance with law, are valid. (Source: Laws 1961, p. 576.)

(65 ILCS 5/5‑2‑8) (from Ch. 24, par. 5‑2‑8)     Sec. 5‑2‑8. Staggered terms; tenure.     (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 (i) which of the aldermen in each ward shall hold for a 4 year term and until a successor is elected and has qualified and (ii) which in each ward shall hold for a 2 year term and until a successor is elected and has qualified. All aldermen elected after that first election 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 as provided in Section 3.1‑10‑65 and except as is otherwise provided in Section 5‑2‑3.     (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. Their terms shall be staggered by the process specified in this Section. The tenure of these aldermen and their successors shall be the same as that stated in subsection (a). (Source: P.A. 87‑1119.)

(65 ILCS 5/5‑2‑9) (from Ch. 24, par. 5‑2‑9)     Sec. 5‑2‑9. (Repealed). (Source: Repealed by P.A. 87‑1119.)

(65 ILCS 5/5‑2‑10) (from Ch. 24, par. 5‑2‑10)     Sec. 5‑2‑10. (Repealed). (Source: Repealed by P.A. 87‑1119.)

    (65 ILCS 5/5‑2‑11)(from Ch. 24, par. 5‑2‑11)
    Sec. 5‑2‑11. In any village which adopts this Article 5, the board of trustees by ordinance shall divide and, whenever necessary thereafter, shall redistrict the village into 6 compact and contiguous districts of approximately equal population.
    Each of the districts shall be represented by one trustee who shall have been an actual resident of the district for at least 6 months prior to his election, unless the trustee is a resident of a newly incorporated municipality. Only the electors of a district shall elect the trustee from that district.
    The provisions of Section 5‑2‑8 relating to terms of office of aldermen in cities shall also apply to the terms of office of trustees under this section.
(Source: P.A. 95‑646, eff. 1‑1‑08.)

    (65 ILCS 5/5‑2‑12)(from Ch. 24, par. 5‑2‑12)
    Sec. 5‑2‑12. Aldermen or trustees elected at large; vacancies; mayor or president to preside.
    (a) If a city or village adopts the managerial form of municipal government but does not elect to choose aldermen or trustees from wards or districts, then the following provisions of this Section shall be applicable.
    (b) The city council shall be elected at large. In cities of less than 50,000 population, the council shall consist of (i) the mayor and 4 councilmen or (ii) the mayor and 6 councilmen if the size of the city council is increased under subsection (k). In cities of at least 50,000 but less than 100,000 population, the council shall consist of the mayor and 6 councilmen. In cities of at least 100,000 but not more than 500,000 population, the council shall consist of the mayor and 8 councilmen.
    (c) Except in villages that were governed by Article 4 immediately before the adoption of the managerial form of municipal government, the village board shall be elected at large and shall consist of a president and the number of trustees provided for in Section 5‑2‑15 or 5‑2‑17, whichever is applicable.
    (d) The term of office of the mayor and councilmen shall be 4 years, provided that in cities of less than 50,000, the 2 councilmen receiving the lowest vote at the first election shall serve for 2 years only; in cities of at least 50,000 but less than 100,000, the 3 councilmen receiving the lowest vote at the first election shall serve for 2 years only; and in cities of at least 100,000 but not more than 500,000, the 4 councilmen receiving the lowest vote at the first election shall serve for 2 years only.
    (e) The election of councilmen shall be every 2 years. After the first election, only 2 councilmen in cities of less than 50,000, 3 councilmen in cities of at least 50,000 but less than 100,000, or 4 councilmen in cities of at least 100,000 but not more than 500,000, shall be voted for by each elector at the primary elections, and only 2, 3, or 4 councilmen, as the case may be, shall be voted for by each elector at each biennial general municipal election, to serve for 4 years.
    (f) In addition to the requirements of the general election law, the ballots shall be in the form set out in Section 5‑2‑13. In cities with less than 50,000, the form of ballot prescribed in Section 5‑2‑13 shall be further modified by printing in the place relating to councilmen the words "Vote for not more than Two", or "Vote for not more than Three" if the size of the city council is increased under subsection (k), instead of the words "Vote for not more than Four". In cities of at least 50,000 but less than 100,000, the ballot shall be modified in that place by printing the words "Vote for not more than Three" instead of the words "Vote for not more than Four". Sections 4‑3‑5 through 4‑3‑18, insofar as they may be applicable, shall govern the election of a mayor and councilmen under this Section.
    (g) If a vacancy occurs in the office of mayor or councilman, the remaining members of the council, within 60 days after the vacancy occurs, shall fill the vacancy by appointment of some person to the office 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.
    (h) Except in villages that were governed by Article 4 immediately before the adoption of the managerial form of municipal government, in villages that have adopted this Article 5 the term of office of the president, the number of trustees to be elected, their terms of office, and the manner of filling vacancies shall be governed by Sections 5‑2‑14 through 5‑2‑17.
    (i) Any village that adopts the managerial form of municipal government under this Article 5 and that, immediately before that adoption, was governed by the provisions of Article 4, shall continue to elect a mayor and 4 commissioners in accordance with Sections 4‑3‑5 through 4‑3‑18, insofar as they may be applicable, except that the 2 commissioners receiving the lowest vote among those elected at the first election after this Article 5 becomes effective in the village shall serve for 2 years only. After that first election, the election of commissioners shall be every 2 years, and 2 commissioners shall be elected at each election to serve for 4 years.
    (j) The mayor or president shall preside at all meetings of the council or board and on all ceremonial occasions.
    (k) In cities of less than 50,000 population, the city council may, by ordinance, provide that the city council shall, after the next biennial general municipal election, consist of 6 instead of 4 councilmen. If the size of the council is increased to 6 councilmen, then at the next biennial general municipal election, the electors shall vote for 4 instead of 2 councilmen. Of the 4 councilmen elected at that next election, the one receiving the lowest vote at that election shall serve a 2‑year term. Thereafter, all terms shall be for 4 years.
(Source: P.A. 95‑862, eff. 8‑19‑08.)

    (65 ILCS 5/5‑2‑13)(from Ch. 24, par. 5‑2‑13)
    Sec. 5‑2‑13. In addition to the requirements of the general election law, the ballots for the municipal primary election provided for in Section 5‑2‑12 shall be in substantially the following form: OFFICIAL PRIMARY BALLOT. CANDIDATES FOR NOMINATION FOR MAYOR AND COUNCILMEN OF THE CITY (OR VILLAGE) OF.... AT THE PRIMARY ELECTION. FOR MAYOR VOTE FOR ONE     (  ) JOHN JONES.
    (  ) JAMES SMITH.
    (  ) HENRY WHITE.
    (  ) RALPH WILSON.
    (  ) FOR COUNCILMEN.
    VOTE FOR NOT MORE THAN....(insert proper number as provided in Section 5‑2‑12).
    (  ) HARRY BROWN.
    (  ) ROBERT BUCK.
    (  ) WILLIAM BURKE.
    (  ) GEORGE MILLER.
    (  ) ARTHUR ROBBINS.
    (  ) EDWARD STUART.
    (  ) JOSEPH TROUT.
    (  ) THOMAS WILLIAMS.
    In addition to the requirements of the general election law, the general municipal election ballots for the election provided for in Section 5‑2‑12 shall be substantially in the following form: OFFICIAL BALLOT NOMINEES FOR MAYOR AND COUNCILMEN OF THE CITY (OR VILLAGE) OF.... AT THE GENERAL MUNICIPAL ELECTION. FOR MAYOR VOTE FOR ONE     (  ) JOHN JONES.
    (  ) JAMES SMITH.
    (  ) FOR COUNCILMEN.
    VOTE FOR NOT MORE THAN....(insert proper number as provided in Section 5‑2‑12).
    (  ) HARRY BROWN.
    (  ) ROBERT BUCK.
    (  ) WILLIAM BURKE.
    (  ) GEORGE MILLER.
    (  ) ARTHUR ROBBINS.
    (  ) EDWARD STUART.
    (  ) JOSEPH TROUT.
    (  ) THOMAS WILLIAMS.
(Source: P.A. 95‑862, eff. 8‑19‑08.)

(65 ILCS 5/5‑2‑14) (from Ch. 24, par. 5‑2‑14)     Sec. 5‑2‑14. (Repealed). (Source: Repealed by P.A. 87‑1119.)

    (65 ILCS 5/5‑2‑15)(from Ch. 24, par. 5‑2‑15)
    Sec. 5‑2‑15.

Copyright © 2012-2022 Laws9.Com All rights reserved.

Contact Us | About Us | Terms | Privacy