(65 ILCS 5/4‑1‑1)(from Ch. 24, par. 4‑1‑1) Sec. 4‑1‑1. This article shall be known, may be cited, and is hereafter designated as "The Commission Form of Municipal Government." (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑1‑2)(from Ch. 24, par. 4‑1‑2) Sec. 4‑1‑2. Definitions. In this Article, unless the context otherwise requires: (a) Any office or officer named in Any act referred to in this Article, when applied to cities or villages under the commission form of municipal government, means the office or officer having the same functions or duties under this Article or under ordinances passed by authority of this Article. (b) "Commissioner", "alderman", or "village trustee" means commissioner when applied to duties under this Article. (c) "City council", "board of trustees", or "corporate authorities" means "council" when applied to duties under this Article. (d) "Franchise" includes every special privilege or right in the streets, alleys, highways, bridges, subways, viaducts, air, waters, public places, and other public property that does not belong to the citizens generally by common right, whether granted by the State or the city or village. (e) "City" includes village. (f) "Municipal" or "municipality" means either city or village. (g) "Treating" means the entertaining of a person with food, drink, tobacco, or drugs. (h) "Treats" means the food, drink, tobacco, or drugs, requested, offered, given, or received, in treating or for the entertainment of a person. (Source: P.A. 87‑1119.)
(65 ILCS 5/4‑1‑3)(from Ch. 24, par. 4‑1‑3) Sec. 4‑1‑3. Any municipality which has heretofore adopted the commission form of municipal government and is functioning under that form of government immediately prior to the effective date of this Code shall be treated as having adopted this article. (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑1‑4)(from Ch. 24, par. 4‑1‑4) Sec. 4‑1‑4. The provisions of Article 3 shall apply to all officers elected or appointed under this Article 4 unless otherwise provided or unless there is a conflict between the provisions of this Article 4 and the provisions of Article 3. In the event of such conflict, the provisions of this Article 4 shall control. (Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 4 Div. 2 heading)
DIVISION 2. ORGANIZATION
(65 ILCS 5/4‑2‑1)(from Ch. 24, par. 4‑2‑1) Sec. 4‑2‑1. All municipalities not exceeding 200,000 population which are treated as properly incorporated, or which hereafter are incorporated, under this Code, in addition to all rights, powers, and authority conferred upon them elsewhere in this Code, shall have the rights, powers, and authority conferred in this article, by proceeding as hereinafter provided. (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑2‑2)(from Ch. 24, par. 4‑2‑2) Sec. 4‑2‑2. Electors of any municipality, equal in number to 1/10 the number of votes cast for all candidates for mayor or president at the last preceding municipal election for such officer, may petition the circuit court for the county in which that municipality is located to cause to be submitted to a vote of the electors of that municipality the proposition whether the municipality shall adopt this article. Upon submission of such petition the court shall set a date not less than 10 nor more than 30 days thereafter for a hearing on the sufficiency thereof. Notice of the filing of such petition and of such date shall be given in writing to the city or village clerk and to the mayor or village president at least 7 days before the date of such hearing. The court shall treat the petition and enter appropriate orders to certification and submission in accordance with the general election law. (Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑3)(from Ch. 24, par. 4‑2‑3) Sec. 4‑2‑3. The petition provided in Section 4‑2‑2 shall be substantially in the following form and in accordance with the general election law: to the circuit court of the County of (name of county): We, the undersigned electors of the city (or village) of (name of city or village), respectfully petition your honor to submit to a vote of the electors of (name of city or village), the following proposition: Shall the city (or village) of.... adopt the commission form of municipal government?
Name
Address, with Street and Number
.................................................
(Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑5)(from Ch. 24, par. 4‑2‑5) Sec. 4‑2‑5. The proposition shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the city (or village) of YES .... adopt the commission form of ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ municipal government? NO ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of the electors voting upon this proposition vote Yes, this article is adopted in that municipality. This article shall go into operation in such city or village upon the date of the next general municipal election. If a majority of the electors voting upon this proposition vote No, the proposition shall not be submitted again in that municipality for 22 months. (Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑6)(from Ch. 24, par. 4‑2‑6) Sec. 4‑2‑6. A certified copy of the canvass of the votes on the proposition specified in Section 4‑2‑2 shall be transmitted to the municipal clerk, and to the clerk of the circuit court, and by each transcribed upon the records of his office. (Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑7)(from Ch. 24, par. 4‑2‑7) Sec. 4‑2‑7. Certificate of adopting commission form of government. If the commission form of municipal government is adopted, the mayor or president immediately shall transmit a certificate so stating to (i) the Secretary of State, (ii) the clerk of the circuit court, and (iii) the recorder of the county or counties in which the municipality is located. These officers shall file this certificate in their respective offices. (Source: P.A. 87‑1119.)
(65 ILCS 5/4‑2‑8)(from Ch. 24, par. 4‑2‑8) Sec. 4‑2‑8. The failure of the officers named in Sections 4‑2‑4 through 4‑2‑7 to perform the duties and acts imposed upon them by those sections, shall neither invalidate nor prevent the adoption of this article. (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑2‑9)(from Ch. 24, par. 4‑2‑9) Sec. 4‑2‑9. All courts shall take judicial notice of the adoption of this article by all municipalities adopting it. (Source: Laws 1961, p. 576.)
(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.)
(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.)
(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.)
(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.)
(65 ILCS 5/4‑3‑5) Sec. 4‑3‑5. (Repealed). (Source: P.A. 91‑57, eff. 6‑30‑99. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(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.)
(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.)
(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.)
(65 ILCS 5/4‑3‑10) Sec. 4‑3‑10. (Repealed). (Source: P.A. 81‑1490. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(65 ILCS 5/4‑3‑10.1) Sec. 4‑3‑10.1. (Repealed). (Source: Laws 1965, p. 2677. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(65 ILCS 5/4‑3‑13) Sec. 4‑3‑13. (Repealed). (Source: P.A. 81‑1490. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(65 ILCS 5/4‑3‑14) Sec. 4‑3‑14. (Repealed). (Source: Laws 1961, p. 576. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(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 NOT MORE THAN FOUR)
() 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 5/4‑3‑16.1)(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, t
(65 ILCS 5/4‑1‑1)(from Ch. 24, par. 4‑1‑1) Sec. 4‑1‑1. This article shall be known, may be cited, and is hereafter designated as "The Commission Form of Municipal Government." (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑1‑2)(from Ch. 24, par. 4‑1‑2) Sec. 4‑1‑2. Definitions. In this Article, unless the context otherwise requires: (a) Any office or officer named in Any act referred to in this Article, when applied to cities or villages under the commission form of municipal government, means the office or officer having the same functions or duties under this Article or under ordinances passed by authority of this Article. (b) "Commissioner", "alderman", or "village trustee" means commissioner when applied to duties under this Article. (c) "City council", "board of trustees", or "corporate authorities" means "council" when applied to duties under this Article. (d) "Franchise" includes every special privilege or right in the streets, alleys, highways, bridges, subways, viaducts, air, waters, public places, and other public property that does not belong to the citizens generally by common right, whether granted by the State or the city or village. (e) "City" includes village. (f) "Municipal" or "municipality" means either city or village. (g) "Treating" means the entertaining of a person with food, drink, tobacco, or drugs. (h) "Treats" means the food, drink, tobacco, or drugs, requested, offered, given, or received, in treating or for the entertainment of a person. (Source: P.A. 87‑1119.)
(65 ILCS 5/4‑1‑3)(from Ch. 24, par. 4‑1‑3) Sec. 4‑1‑3. Any municipality which has heretofore adopted the commission form of municipal government and is functioning under that form of government immediately prior to the effective date of this Code shall be treated as having adopted this article. (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑1‑4)(from Ch. 24, par. 4‑1‑4) Sec. 4‑1‑4. The provisions of Article 3 shall apply to all officers elected or appointed under this Article 4 unless otherwise provided or unless there is a conflict between the provisions of this Article 4 and the provisions of Article 3. In the event of such conflict, the provisions of this Article 4 shall control. (Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 4 Div. 2 heading)
DIVISION 2. ORGANIZATION
(65 ILCS 5/4‑2‑1)(from Ch. 24, par. 4‑2‑1) Sec. 4‑2‑1. All municipalities not exceeding 200,000 population which are treated as properly incorporated, or which hereafter are incorporated, under this Code, in addition to all rights, powers, and authority conferred upon them elsewhere in this Code, shall have the rights, powers, and authority conferred in this article, by proceeding as hereinafter provided. (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑2‑2)(from Ch. 24, par. 4‑2‑2) Sec. 4‑2‑2. Electors of any municipality, equal in number to 1/10 the number of votes cast for all candidates for mayor or president at the last preceding municipal election for such officer, may petition the circuit court for the county in which that municipality is located to cause to be submitted to a vote of the electors of that municipality the proposition whether the municipality shall adopt this article. Upon submission of such petition the court shall set a date not less than 10 nor more than 30 days thereafter for a hearing on the sufficiency thereof. Notice of the filing of such petition and of such date shall be given in writing to the city or village clerk and to the mayor or village president at least 7 days before the date of such hearing. The court shall treat the petition and enter appropriate orders to certification and submission in accordance with the general election law. (Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑3)(from Ch. 24, par. 4‑2‑3) Sec. 4‑2‑3. The petition provided in Section 4‑2‑2 shall be substantially in the following form and in accordance with the general election law: to the circuit court of the County of (name of county): We, the undersigned electors of the city (or village) of (name of city or village), respectfully petition your honor to submit to a vote of the electors of (name of city or village), the following proposition: Shall the city (or village) of.... adopt the commission form of municipal government?
Name
Address, with Street and Number
.................................................
(Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑5)(from Ch. 24, par. 4‑2‑5) Sec. 4‑2‑5. The proposition shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the city (or village) of YES .... adopt the commission form of ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ municipal government? NO ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of the electors voting upon this proposition vote Yes, this article is adopted in that municipality. This article shall go into operation in such city or village upon the date of the next general municipal election. If a majority of the electors voting upon this proposition vote No, the proposition shall not be submitted again in that municipality for 22 months. (Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑6)(from Ch. 24, par. 4‑2‑6) Sec. 4‑2‑6. A certified copy of the canvass of the votes on the proposition specified in Section 4‑2‑2 shall be transmitted to the municipal clerk, and to the clerk of the circuit court, and by each transcribed upon the records of his office. (Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑7)(from Ch. 24, par. 4‑2‑7) Sec. 4‑2‑7. Certificate of adopting commission form of government. If the commission form of municipal government is adopted, the mayor or president immediately shall transmit a certificate so stating to (i) the Secretary of State, (ii) the clerk of the circuit court, and (iii) the recorder of the county or counties in which the municipality is located. These officers shall file this certificate in their respective offices. (Source: P.A. 87‑1119.)
(65 ILCS 5/4‑2‑8)(from Ch. 24, par. 4‑2‑8) Sec. 4‑2‑8. The failure of the officers named in Sections 4‑2‑4 through 4‑2‑7 to perform the duties and acts imposed upon them by those sections, shall neither invalidate nor prevent the adoption of this article. (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑2‑9)(from Ch. 24, par. 4‑2‑9) Sec. 4‑2‑9. All courts shall take judicial notice of the adoption of this article by all municipalities adopting it. (Source: Laws 1961, p. 576.)
(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.)
(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.)
(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.)
(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.)
(65 ILCS 5/4‑3‑5) Sec. 4‑3‑5. (Repealed). (Source: P.A. 91‑57, eff. 6‑30‑99. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(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.)
(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.)
(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.)
(65 ILCS 5/4‑3‑10) Sec. 4‑3‑10. (Repealed). (Source: P.A. 81‑1490. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(65 ILCS 5/4‑3‑10.1) Sec. 4‑3‑10.1. (Repealed). (Source: Laws 1965, p. 2677. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(65 ILCS 5/4‑3‑13) Sec. 4‑3‑13. (Repealed). (Source: P.A. 81‑1490. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(65 ILCS 5/4‑3‑14) Sec. 4‑3‑14. (Repealed). (Source: Laws 1961, p. 576. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(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 NOT MORE THAN FOUR)
() 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 5/4‑3‑16.1)(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, t
(65 ILCS 5/4‑1‑1)(from Ch. 24, par. 4‑1‑1) Sec. 4‑1‑1. This article shall be known, may be cited, and is hereafter designated as "The Commission Form of Municipal Government." (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑1‑2)(from Ch. 24, par. 4‑1‑2) Sec. 4‑1‑2. Definitions. In this Article, unless the context otherwise requires: (a) Any office or officer named in Any act referred to in this Article, when applied to cities or villages under the commission form of municipal government, means the office or officer having the same functions or duties under this Article or under ordinances passed by authority of this Article. (b) "Commissioner", "alderman", or "village trustee" means commissioner when applied to duties under this Article. (c) "City council", "board of trustees", or "corporate authorities" means "council" when applied to duties under this Article. (d) "Franchise" includes every special privilege or right in the streets, alleys, highways, bridges, subways, viaducts, air, waters, public places, and other public property that does not belong to the citizens generally by common right, whether granted by the State or the city or village. (e) "City" includes village. (f) "Municipal" or "municipality" means either city or village. (g) "Treating" means the entertaining of a person with food, drink, tobacco, or drugs. (h) "Treats" means the food, drink, tobacco, or drugs, requested, offered, given, or received, in treating or for the entertainment of a person. (Source: P.A. 87‑1119.)
(65 ILCS 5/4‑1‑3)(from Ch. 24, par. 4‑1‑3) Sec. 4‑1‑3. Any municipality which has heretofore adopted the commission form of municipal government and is functioning under that form of government immediately prior to the effective date of this Code shall be treated as having adopted this article. (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑1‑4)(from Ch. 24, par. 4‑1‑4) Sec. 4‑1‑4. The provisions of Article 3 shall apply to all officers elected or appointed under this Article 4 unless otherwise provided or unless there is a conflict between the provisions of this Article 4 and the provisions of Article 3. In the event of such conflict, the provisions of this Article 4 shall control. (Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 4 Div. 2 heading)
DIVISION 2. ORGANIZATION
(65 ILCS 5/4‑2‑1)(from Ch. 24, par. 4‑2‑1) Sec. 4‑2‑1. All municipalities not exceeding 200,000 population which are treated as properly incorporated, or which hereafter are incorporated, under this Code, in addition to all rights, powers, and authority conferred upon them elsewhere in this Code, shall have the rights, powers, and authority conferred in this article, by proceeding as hereinafter provided. (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑2‑2)(from Ch. 24, par. 4‑2‑2) Sec. 4‑2‑2. Electors of any municipality, equal in number to 1/10 the number of votes cast for all candidates for mayor or president at the last preceding municipal election for such officer, may petition the circuit court for the county in which that municipality is located to cause to be submitted to a vote of the electors of that municipality the proposition whether the municipality shall adopt this article. Upon submission of such petition the court shall set a date not less than 10 nor more than 30 days thereafter for a hearing on the sufficiency thereof. Notice of the filing of such petition and of such date shall be given in writing to the city or village clerk and to the mayor or village president at least 7 days before the date of such hearing. The court shall treat the petition and enter appropriate orders to certification and submission in accordance with the general election law. (Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑3)(from Ch. 24, par. 4‑2‑3) Sec. 4‑2‑3. The petition provided in Section 4‑2‑2 shall be substantially in the following form and in accordance with the general election law: to the circuit court of the County of (name of county): We, the undersigned electors of the city (or village) of (name of city or village), respectfully petition your honor to submit to a vote of the electors of (name of city or village), the following proposition: Shall the city (or village) of.... adopt the commission form of municipal government?
Name
Address, with Street and Number
.................................................
(Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑5)(from Ch. 24, par. 4‑2‑5) Sec. 4‑2‑5. The proposition shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the city (or village) of YES .... adopt the commission form of ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ municipal government? NO ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of the electors voting upon this proposition vote Yes, this article is adopted in that municipality. This article shall go into operation in such city or village upon the date of the next general municipal election. If a majority of the electors voting upon this proposition vote No, the proposition shall not be submitted again in that municipality for 22 months. (Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑6)(from Ch. 24, par. 4‑2‑6) Sec. 4‑2‑6. A certified copy of the canvass of the votes on the proposition specified in Section 4‑2‑2 shall be transmitted to the municipal clerk, and to the clerk of the circuit court, and by each transcribed upon the records of his office. (Source: P.A. 81‑1489.)
(65 ILCS 5/4‑2‑7)(from Ch. 24, par. 4‑2‑7) Sec. 4‑2‑7. Certificate of adopting commission form of government. If the commission form of municipal government is adopted, the mayor or president immediately shall transmit a certificate so stating to (i) the Secretary of State, (ii) the clerk of the circuit court, and (iii) the recorder of the county or counties in which the municipality is located. These officers shall file this certificate in their respective offices. (Source: P.A. 87‑1119.)
(65 ILCS 5/4‑2‑8)(from Ch. 24, par. 4‑2‑8) Sec. 4‑2‑8. The failure of the officers named in Sections 4‑2‑4 through 4‑2‑7 to perform the duties and acts imposed upon them by those sections, shall neither invalidate nor prevent the adoption of this article. (Source: Laws 1961, p. 576.)
(65 ILCS 5/4‑2‑9)(from Ch. 24, par. 4‑2‑9) Sec. 4‑2‑9. All courts shall take judicial notice of the adoption of this article by all municipalities adopting it. (Source: Laws 1961, p. 576.)
(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.)
(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.)
(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.)
(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.)
(65 ILCS 5/4‑3‑5) Sec. 4‑3‑5. (Repealed). (Source: P.A. 91‑57, eff. 6‑30‑99. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(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.)
(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.)
(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.)
(65 ILCS 5/4‑3‑10) Sec. 4‑3‑10. (Repealed). (Source: P.A. 81‑1490. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(65 ILCS 5/4‑3‑10.1) Sec. 4‑3‑10.1. (Repealed). (Source: Laws 1965, p. 2677. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(65 ILCS 5/4‑3‑13) Sec. 4‑3‑13. (Repealed). (Source: P.A. 81‑1490. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(65 ILCS 5/4‑3‑14) Sec. 4‑3‑14. (Repealed). (Source: Laws 1961, p. 576. Repealed by P.A. 95‑699, eff. 11‑9‑07.)
(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 NOT MORE THAN FOUR)
() 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 5/4‑3‑16.1)(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, t
