Bill Text: IL SB2851 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Township Code. Provides that a person appointed to a fill vacant office on the township board does not need to be a member of the same political party as the person vacating the office if appointed during a special township meeting after a vacancy of more than 60 days.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-19 - Referred to Assignments [SB2851 Detail]

Download: Illinois-2023-SB2851-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2851 Introduced 1/19/2024, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED:
60 ILCS 1/60-5
Amends the Township Code. Provides that a person appointed to a fill vacant office on the township board does not need to be a member of the same political party as the person vacating the office if appointed during a special township meeting after a vacancy of more than 60 days.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Township Code is amended by changing
Section 60-5 as follows:
(60 ILCS 1/60-5)
Sec. 60-5. Filling vacancies in township offices.
(a) Except for the office of township or multi-township
assessor, if a township fails to elect the number of township
officers that the township is entitled to by law, or a person
elected to any township office fails to qualify, or a vacancy
in any township office occurs for any other reason including
without limitation the resignation of an officer or the
conviction in any court of the State of Illinois or of the
United States of an officer for an infamous crime, then the
township board shall fill the vacancy by appointment, by
warrant under their signatures and seals, and the persons so
appointed shall hold their respective offices for the
remainder of the unexpired terms. All persons so appointed
shall have the same powers and duties and are subject to the
same penalties as if they had been elected or appointed for a
full term of office. A vacancy in the office of township or
multi-township assessor shall be filled only as provided in

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the Property Tax Code.
For purposes of this subsection (a), a conviction for an
offense that disqualifies an officer from holding that office
occurs on the date of (i) the entry of a plea of guilty in
court, (ii) the return of a guilty verdict, or (iii) in the
case of a trial by the court, the entry of a finding of guilt.
(b) If a vacancy on the township board is not filled within
60 days, then a special township meeting must be called under
Section 35-5 to select a replacement under Section 35-35.
(b-5) If the vacancy being filled under subsection (a) or
(b) is for the township supervisor, a trustee shall be
appointed as deputy supervisor to perform the ministerial
functions of that office until the vacancy is filled under
subsections (a) or (b). Once the vacancy is filled under
subsections (a) or (b), the deputy supervisor's appointment is
terminated.
(c) Except as otherwise provided in this Section, whenever
any township or multi-township office becomes vacant or
temporarily vacant, the township or multi-township board may
temporarily appoint a deputy to perform the ministerial
functions of the vacant office until the vacancy has been
filled as provided in subsection (a) or (b). If the office is
temporarily vacant, the temporarily appointed deputy may
perform the ministerial functions of the vacant office until
the township officer submits a written statement to the
appropriate board that he or she is able to resume his or her

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duties. The statement shall be sworn to before an officer
authorized to administer oaths in this State. A temporary
deputy shall not be permitted to vote at any meeting of the
township board on any matter properly before the board unless
the appointed deputy is a trustee of the board at the time of
the vote. If the appointed deputy is a trustee appointed as a
temporary deputy, his or her trustee compensation shall be
suspended until he or she concludes his or her appointment as
an appointed deputy upon the permanent appointment to fill the
vacancy. The compensation of a temporary deputy shall be
determined by the appropriate board. The township board shall
not appoint a deputy clerk if the township clerk has appointed
a deputy clerk under Section 75-45.
(d) Except for the temporary appointment of a deputy under
subsection (c) or an appointment filled under subsection (b),
any person appointed to fill a vacancy under this Section
shall be a member of the same political party as the person
vacating the office if the person vacating the office was
elected as a member of an established political party, under
Section 10-2 of the Election Code, that is still in existence
at the time of appointment. The appointee shall establish his
or her political party affiliation by his or her record of
voting in party primary elections or by holding or having held
an office in a political party organization before
appointment. If the appointee has not voted in a party primary
election or is not holding or has not held an office in a

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