Illinois Compiled Statutes
10 ILCS 5/25-2 (2026)
Events on which an elective office becomes vacant
✓ current as of May 2026
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(10 ILCS 5/25-2)
(from Ch. 46, par. 25-2)
Sec. 25-2. Events on which an elective office becomes vacant. Every
elective office shall become vacant on the happening of any
of the following events before the expiration of the term of such office:
(1) The death of the incumbent.
(2) His or her resignation.
(3) His or her becoming a person under legal | disability. |
(4) His or her ceasing to be an inhabitant of the | State; or if the office is local, his or her ceasing to be an inhabitant of the district, county, town, or precinct for which he or she was elected; provided, that the provisions of this paragraph shall not apply to township officers whose township boundaries are changed in accordance with Section 10-20 of the Township Code, to a township officer after disconnection as set forth in Section 15-17 of the Township Code, nor to township or multi-township assessors elected under Sections 2-5 through 2-15 of the Property Tax Code. |
(5) His or her conviction of an infamous crime, or of | any offense involving a violation of official oath. |
(6) His or her removal from office.
(7) His or her refusal or neglect to take his or her | oath of office, or to give or renew his or her official bond, or to deposit or file such oath or bond within the time prescribed by law. |
(8) The decision of a competent tribunal declaring | his or her election void. |
No elective office, except as herein otherwise provided, shall become
vacant until the successor of the incumbent of such office has been appointed
or elected, as the case may be, and qualified.
An unconditional resignation, effective at a future date, may not be
withdrawn after it is received by the officer authorized to fill the
vacancy. Such resignation shall create a vacancy in office for the purpose
of determining the time period which would require an election. The
resigning office holder may continue to hold such office until the date or
event specified in such resignation, but no later than the date at which
his or her successor is elected and qualified.
An admission of guilt of a criminal offense that would, upon conviction,
disqualify the holder of an elective office from holding that office, in the
form of a written agreement with State or federal prosecutors to plead guilty
to a felony, bribery, perjury, or other infamous crime under State or federal
law, shall constitute a resignation from that office, effective at the time the
plea agreement is made.
For purposes of this Section, a conviction for an offense that disqualifies
the holder of an elective office from holding that office shall occur on the
date of the return of a guilty verdict or, in the case of a trial by the court,
the entry of a finding of guilt.
This Section does not apply to any elected or appointed officers or officials of any municipality having a population under 500,000.
(Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2005–2022 · leading case: Alvarez v. Williams, 2014 IL App (1st) 133443 (Ill. App. Ct. 2015).
Alvarez v. Williams, 2014 IL App (1st) 133443 (Ill. App. Ct. 2015). “Under section 25-2(5) (10 ILCS 5/25-2(5) (West 2012)) of the Election Code, an elective office becomes vacant upon the incumbent’s conviction for an “infamous crime.”
Sbarra-Hagee v. Lake Cnty. Electoral Bd., 2022 IL App (2d) 220193 (Ill. App. Ct. 2022). “Therefore, if Sbarra were to win the general election for county board member from district 18, a vacancy in her office would immediately occur pursuant to section 25-2(4) of the Election Code (10 ILCS 5/25-2 (West 2020)), which is tantamount to a disqualification.”
Williams v. Cook Cnty. Officers Electoral Bd., 2015 IL App (1st) 150568 (Ill. App. Ct. 2015). “Specifically, the provisions at issue in the Election Code (10 ILCS 5/25-2(5) (West 2012)) and School Code (105 ILCS 5/10-11(5) (West 2012)), established an intent by the legislature to prevent individuals convicted of infamous crimes from holding offices of honor, trust and…”
Brown v. Johnson (Ill. App. Ct. 2005). “” 10 ILCS 5/25-2(4) (West 2004). The Election Code further provides that, “[w]henever it is alleged that a vacancy in any office exists, the officer, body, or county board who has authority to fill the vacancy by appointment, or to order an election to fill such vacancy, shall…”
— 10 ILCS 5/25-2(4) — 2 cases
Sbarra-Hagee v. Lake Cnty. Electoral Bd., 2022 IL App (2d) 220193 (Ill. App. Ct. 2022). “Therefore, if Sbarra were to win the general election for county board member from district 18, a vacancy in her office would immediately occur pursuant to section 25-2(4) of the Election Code (10 ILCS 5/25-2 (West 2020)), which is tantamount to a disqualification.”
Brown v. Johnson (Ill. App. Ct. 2005). “” 10 ILCS 5/25-2(4) (West 2004). The Election Code further provides that, “[w]henever it is alleged that a vacancy in any office exists, the officer, body, or county board who has authority to fill the vacancy by appointment, or to order an election to fill such vacancy, shall…”
— 10 ILCS 5/25-2(5) — 2 cases
Alvarez v. Williams, 2014 IL App (1st) 133443 (Ill. App. Ct. 2015). “Under section 25-2(5) (10 ILCS 5/25-2(5) (West 2012)) of the Election Code, an elective office becomes vacant upon the incumbent’s conviction for an “infamous crime.”
Williams v. Cook Cnty. Officers Electoral Bd., 2015 IL App (1st) 150568 (Ill. App. Ct. 2015). “Specifically, the provisions at issue in the Election Code (10 ILCS 5/25-2(5) (West 2012)) and School Code (105 ILCS 5/10-11(5) (West 2012)), established an intent by the legislature to prevent individuals convicted of infamous crimes from holding offices of honor, trust and…”
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