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November 22, 2024

Resignation Signed…Now What Happens?

By John Kraft & Kirk Allen

On June 28, 2013

EDGAR CO. (ECWd) –

We now have the signed and submitted resignation of Chris Patrick, former Edgar County Board Chairman, dated June 26, 2013.

What’s Next?

According to the Edgar County Clerk, he must notify the central committee of both parties within three days. The Counties Code ” statute “, when talking about vacancies, states:

  <span style="font-family: Courier New; font-size: small;">(c) Vacancies; time for elections. In counties under subsection (a) or (b), if a vacancy occurs in the office of chairman of the county board, the remaining members of the board shall elect one of the members of the board to serve for the balance of the unexpired term of the chairman.</span><span style="font-family: Courier New; font-size: small;">Sec. 25-11. </span>

Then the vice-chairman, Ben Jenness, will chair the next County Board Meeting and the county board will declare the seat vacant. They will then proceed to elect a new chairman for the remainder of the former chairman’s term as chairman.

 The Election Code, vacancies of Elected County Offices, 10 ILCS 5/25-11:

<span style="font-family: Courier New; font-size: small;"><span style="text-decoration: underline;">When a vacancy occurs in any elective county office</span>...the county board or board of county commissioners <span style="text-decoration: underline;">shall declare that such vacancy exists</span> and notification thereof shall be given to the county central committee or the appropriate county board or board of county commissioners district committee of each established political party within 3 days of the occurrence of the vacancy. <span style="text-decoration: underline;">The vacancy shall be filled within 60 days by appointment of the chairman of the county board or board of county commissioners with the advice and consent of the county board</span> or board of county commissioners.</span>When a vacancy occurs in any elective county office...the county board or board of county commissioners shall declare that such vacancy exists and notification thereof shall be given to the county central committee or the appropriate county board or board of county commissioners district committee of each established political party within 3 days of the occurrence of the vacancy. The vacancy shall be filled within 60 days by appointment of the chairman of the county board or board of county commissioners with the advice and consent of the county board or board of county commissioners.

The appointee shall be a member of the same political party as the person he succeeds was at the time of his election and shall be otherwise eligible to serve. The appointee shall serve the remainder of the unexpired term.

In the case of a vacancy in a seat on a county board or board of county commissioners which has been divided into districts under Section 2-3003 or 2-4006.5 of the Counties Code, the appointee must also be a resident of the county board or county commission district. If a county commissioner ceases to reside in the district that he or she represents, a vacancy in that office exists.

So, here we go:

County Board declares seat vacant and notifies central committee of both political parties
Remainder of County Board votes for new Chairman
Chairman submits name as replacement to the board
Board votes on replacement
Vacant seat must be filled within 60 days
 
Let’s hope they use a little common sense in choosing and recommending a replacement.

 
[gview file=https://edgarcountywatchdogs.com/wp-content/uploads/2013/06/PATRICKRESIGNATION_20130628115137.pdf]

 NowWhat

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