Sec. 3.1-10-5. Qualifications; elective office.

429 words·~2 min read·/il/chapter-65/act-5/3-1-10-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one year next preceding the election or appointment, except as provided in Section 3.1-20-25, subsection

(b)of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.

(b)A person is not eligible to take the oath of office for a municipal office if that person is, at the time required for taking the oath of office, in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony, unless such person is again restored to his or her rights of citizenship that may have been forfeited under Illinois law as a result of a conviction, which includes eligibility to hold elected municipal office, by the terms of a pardon for the offense, has received a restoration of rights by the Governor, or otherwise according to law. Any time after a judgment of conviction is rendered, a person convicted of an infamous crime, bribery, perjury, or other felony may petition the Governor for a restoration of rights.

The changes made to this subsection by this amendatory Act of the 102nd General Assembly are declarative of existing law and apply to all persons elected at the April 4, 2017 consolidated election and to persons elected or appointed thereafter.

(b-5) (Blank).

(c)A person is not eligible for the office of alderperson of a ward unless that person has resided in the ward that the person seeks to represent, and a person is not eligible for the office of trustee of a district unless that person has resided in the municipality, at least one year next preceding the election or appointment, except as provided in Section 3.1-20-25, subsection

(b)of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.

(d)If a person

(i)is a resident of a municipality immediately prior to the active duty military service of that person or that person's spouse,

(ii)resides anywhere outside of the municipality during that active duty military service, and

(iii)immediately upon completion of that active duty military service is again a resident of the municipality, then the time during which the person resides outside the municipality during the active duty military service is deemed to be time during which the person is a resident of the municipality for purposes of determining the residency requirement under subsection (a).