Illinois Compiled Statutes

105 ILCS 5/10-11 (2026)

Vacancies

✓ current as of May 2026
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(105 ILCS 5/10-11) (from Ch. 122, par. 10-11)
    Sec. 10-11. Vacancies. Elective offices become vacant within the meaning of the Act, unless the context indicates otherwise, 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 in writing filed with the
    
Secretary or Clerk of the Board.
        3. His or her becoming a person under legal
    
disability.
        4. His or her ceasing to be an inhabitant of the
    
district for which he or she was elected.
        5. His or her conviction of an infamous crime, of any
    
offense involving a violation of official oath, or of a violent crime against a child.
        6. His or her removal from office.
        7. The decision of a competent tribunal declaring his
    
or her election void.
        8. His ceasing to be an inhabitant of a particular
    
area from which he was elected, if the residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code are violated.
    No elective office except as herein otherwise provided becomes vacant until the successor of the incumbent of such office has been appointed or elected, as the case may be, and qualified. The successor shall have the same type of residential qualifications as his or her predecessor and, if the residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code apply, the successor, whether elected or appointed by the remaining members or a regional superintendent, shall be an inhabitant of the particular area from which his or her predecessor was elected.
(Source: P.A. 94-1019, eff. 7-10-06.)

    
Notes of Decisions
Cited in 4 cases, 2005–2015 · 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). · cites it 2× “See 105 ILCS 5/10-11 (West 2012). ¶ 12 Upon our reading of the School Code in its entirety, we find no indication that the legislature intended to disregard any of the above happenings for vacancies, namely, a conviction for an infamous crime, let alone a conviction for a…”
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…”
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). · cites it 2× “) 105 ILCS 5/10-11 (West 2004). The Election Code consistently provides, in relevant part, that an elective office becomes vacant when, “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.”
— 105 ILCS 5/10-11(4) — 1 case
Brown v. Johnson (Ill. App. Ct. 2005). “) 105 ILCS 5/10-11 (West 2004). The Election Code consistently provides, in relevant part, that an elective office becomes vacant when, “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.”
— 105 ILCS 5/10-11(5) — 3 cases
Alvarez v. Williams, 2014 IL App (1st) 133443 (Ill. App. Ct. 2015). “See 105 ILCS 5/10-11 (West 2012). ¶ 12 Upon our reading of the School Code in its entirety, we find no indication that the legislature intended to disregard any of the above happenings for vacancies, namely, a conviction for an infamous crime, let alone a conviction for a…”
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…”
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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