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August 12, 2022

What Happens When No One Runs For Elective Office?

By John Kraft & Kirk Allen

On January 14, 2021

Metcalf, IL. (ECWd) –

As it stands now, the small Village of Metcalf (pop 189) in North-Central Edgar County, Illinois, has no candidates on the ballot for the elective offices of Village President and Village Trustee(s).

There is still time remaining for interested persons to file as write-in candidates for the offices coming up for election. The last day to submit a Declaration of Intent to be a Write-In Candidate is February 4, 2021. We suggest any interested persons contact the Edgar County Clerk for instructions on filling out a write-in Declaration.

If there are no candidates on the ballot, and no write-in candidates, then any of the following three events can happen.

First, the Village President and Trustees, according to the Illinois Municipal Code, “shall hold office for 4 years and until a successor is elected and has qualified.” If there is no successor, the office holders currently holding office may continue holding the office as a “continuing” office holder, or they could simply abandon their office. If they decide to continue in the office, they would remain until the next election. [65 ILCS 5/3.1-15-10 and 65 ILCS 5/3.1-25-5]

Secondly, if they simply abandon their offices after the election, the majority of the corporate authorities remaining in office may appoint the remaining vacancies – even if there is only one officeholder remaining in office (that one person would make up the majority of the corporate authorities then holding office). [65 ILCS 5/3.1-10-55]

Finally, if the sole remaining office holder(s) resign or abandon their office(s) without appointing vacancies, then 10% of the residents (approx. 19 signatures needed) would have to petition the circuit court (with names of suggested appointees) to make interim appointments of all vacancies of the elective offices of the village, and those appointments would remain in office until the next regularly scheduled election occurring not less than 120 days after all offices have become vacant. [65 ILCS 5/3.1-10-60]

***

Statutory references:

(65 ILCS 5/3.1-15-10) (from Ch. 24, par. 3.1-15-10)
Sec. 3.1-15-10. Mayor; president. The chief executive officer of a city shall be a mayor. The chief executive officer of a village shall be a village president, who may also be called a mayor. The chief executive officer of an incorporated town shall be a president, who may also be called a mayor. The chief executive officer shall hold office for 4 years and until a successor is elected and has qualified, except in municipalities that have adopted a 2 year term as provided in Section 3.1-10-65 and except in a village or incorporated town that, before January 1, 1942, has adopted a 2 year term for the chief executive officer.
(Source: P.A. 87-1119.)

(65 ILCS 5/3.1-25-5) (from Ch. 24, par. 3.1-25-5)
Sec. 3.1-25-5. Trustees; terms. In each village incorporated under this Code, the electors of the village shall elect 6 trustees. The term of office of the trustees shall be 4 years and until their successors are elected and have qualified. Trustees elected at the first election for village officers after a village is incorporated, however, shall by lot designate one-half of their number, whose terms shall be 2 years and until their successors are elected and have qualified.
(Source: P.A. 87-1119.)3

(65 ILCS 5/3.1-10-55) (from Ch. 24, par. 3.1-10-55)
Sec. 3.1-10-55. Quorum to fill vacancies. If there is a vacancy in an elective office and, for any reason, there is not a quorum in office of the corporate authorities, appointments to fill vacancies may be made or confirmed by a majority of the corporate authorities holding office at the time the appointment is made or confirmed.
(Source: P.A. 87-1119.)

(65 ILCS 5/3.1-10-60) (from Ch. 24, par. 3.1-10-60)
Sec. 3.1-10-60. Interim appointments to vacancies. If a municipality has no mayor or president, no clerk, and no aldermen or trustees, the circuit court may, upon petition signed by at least 100 electors or 10% of the electors of the municipality, whichever is less, make interim appointments to fill all vacancies in the elective offices of the municipality from among persons whose names are submitted by the petition or petitions. The interim appointees shall serve until the next regularly scheduled election under the general election law occurring not less than 120 days after all the offices have become vacant.
(Source: P.A. 87-1119.)

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8 Comments
  • Walter Schneider
    Posted at 14:07h, 14 January

    Population of 189. Requires local Municipal government? This is one of the largest problems facing IL.
    We need an active task force evaluating the necessity of the over 7,000 government agencies in this state. That task force should have the authority to close and consolidate government agencies across the state.

    • SC
      Posted at 00:34h, 15 January

      Appoint a few people to dictate which elected offices we are allowed to vote for?

      That sounds like a plan, comrade.

    • Cindy
      Posted at 01:25h, 15 January

      What an idiotic comment! The whole world is trying to fold you into their ONE WORLD SYSTEM and you are pontificating that you are completely in compliance with that! Truly sad that people are this indoctrinated! Ever hear of governing yourself? Why do you want to promote putting yourself under someone’s jurisdiction that couldn’t care less about you?

    • PK
      Posted at 17:37h, 15 January

      There’s a nifty interactive map at this web-site:

      https://www.governing.com/archive/local-governments-most-concentrated-map.html

      Graphically, the map gives new meaning to a portion of the area known as the rust belt; and begs the question, are state’s with many local governments more or less susceptible to corruption in any or all their three branches (legislative, executive, judicial)?

  • Harriet Beevers
    Posted at 21:01h, 15 January

    Maybe people choose not to run for office because:
    They may fill out paperwork without a date, affix it improperly, or misorder it.
    While trying to do a civil service for the good of a community they end up on the internet because the “Dogz” catch wind of a threat to liberty.
    I see it now “No one runs for elective office in Metcalf”
    A month later WatchDogz headline is “Elected official in Metcalf says this ain’t Chicago”
    Your part of the problem assholes.

    • Kirk Allen
      Posted at 09:27h, 16 January

      So Harriet Beevers are you suggesting the legislature screwed up when the outlined legal requirements for election paperwork? At NO TIME have we ever implied such matters as you described were a threat to liberty. We reported on the facts of what happened. Your suggestion is that reporting of facts related to local government elections should be forbidden because the truth is too much for people to handle?

      The Chicago comment never happened in Metcalf. It happened in Windsor and we had nothing to do with the matter outside of providing a recording of the hearing of objections filed by several local citizens. Again, reporting facts is what was done.

      It would appear you can’t handle the truth.

      • PK
        Posted at 12:07h, 16 January

        Windsor is a city in Shelby County Illinois.

        A review of Illinois Leaks efforts in Shelby County this last year might enlighten poor Harriet Beevers, Mr. Allen.

    • PK
      Posted at 11:47h, 16 January

      Lamely, did ya note the mayor of Windsor was allegedly impersonating a police officer? Did ya turn a blind eye to errors in his petition packet from the previous election?

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