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Illinois Compiled Statutes

65 ILCS 5/3.1-10-5 (2026)

Qualifications; elective office

✓ current as of May 2026
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(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
    Sec. 3.1-10-5. Qualifications; elective office.
    (a) A person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one year next preceding the election or appointment, except as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
    (b) A person is not eligible to take the oath of office for a municipal office if that person is, at the time required for taking the oath of office, in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony, unless such person is again restored to his or her rights of citizenship that may have been forfeited under Illinois law as a result of a conviction, which includes eligibility to hold elected municipal office, by the terms of a pardon for the offense, has received a restoration of rights by the Governor, or otherwise according to law. Any time after a judgment of conviction is rendered, a person convicted of an infamous crime, bribery, perjury, or other felony may petition the Governor for a restoration of rights.
    The changes made to this subsection by this amendatory Act of the 102nd General Assembly are declarative of existing law and apply to all persons elected at the April 4, 2017 consolidated election and to persons elected or appointed thereafter.
    (b-5) (Blank).
    (c) A person is not eligible for the office of alderperson of a ward unless that person has resided in the ward that the person seeks to represent, and a person is not eligible for the office of trustee of a district unless that person has resided in the municipality, at least one year next preceding the election or appointment, except as provided in Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.
    (d) If a person (i) is a resident of a municipality immediately prior to the active duty military service of that person or that person's spouse, (ii) resides anywhere outside of the municipality during that active duty military service, and (iii) immediately upon completion of that active duty military service is again a resident of the municipality, then the time during which the person resides outside the municipality during the active duty military service is deemed to be time during which the person is a resident of the municipality for purposes of determining the residency requirement under subsection (a).
(Source: P.A. 102-15, eff. 6-17-21.)

    
Notes of Decisions
Cited in 35 cases (10 in the last 5 years), 1997–2025 · leading case: Jackson v. Bd. of Election Commissioners of the City of Chicago, 2012 IL 111928 (Ill. 2012).
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Jackson v. Bd. of Election Commissioners of the City of Chicago, 2012 IL 111928 (Ill. 2012). · cites it 9× “1-10-5(b) of the Illinois Municipal Code (65 ILCS 5/3.1-10-5(b) (West 2010)) provides that a person “is not eligible for an elective municipal office if that person is in arrears in the payment of a tax or other indebtedness due to the municipality.”
Maksym v. Bd. of Election Commissioners, 950 N.E.2d 1051 (Ill. 2011). · cites it 8× “1-10-5(a) of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/3.1-10-5(a) (West 2008)), mandating that he had "resided in" Chicago for the one year preceding the February 22, 2011, mayoral election.”
Maksym v. Bd. of Election Commissioners, 942 N.E.2d 739 (Ill. App. Ct. 2011). · cites it 8× “1-10-5(a) of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/3.1-10-5(a) (West 2008)), mandating that he have "resided in" Chicago for the one year preceding the February 22, 2011 mayoral election.”
Burke v. Electoral Bd. of the Vill. of Bradley, 2013 IL App (3d) 130141 (Ill. App. Ct. 2013). · cites it 3× “” 65 ILCS 5/3.1-10-5(b) (West 2010). It then noted that the village issued a business license for Burke, Montague and Associates, LLC, which identifies the candidate as an owner of that business.”
Pappas v. Calumet City Mun. Officers' Electoral Bd., 681 N.E.2d 589 (Ill. App. Ct. 1997). · cites it 2× “1-10-5 of the Municipal Code (65 ILCS 5/3.1-10-5 (West 1996)) disqualified petitioner from being a candidate because he *593 had been convicted of two felonies some 15 years earlier.”
Walker v. Agpawa, 2021 IL 127206 (Ill. 2021). · cites it 2× “1-10-5(b) of the Illinois Municipal Code (65 ILCS 5/3.1-10-5(b) (West 2016)). Foxx further alleged that Agpawa had been convicted of an “infamous crime” and, consequently, was prohibited from holding municipal office, unless he received a pardon for his crime, under section…”
People v. Dawson, 2020 IL App (4th) 170872 (Ill. App. Ct. 2020). “1(a) (West 2018)), for example, and to take the oath of office for a municipal position (65 ILCS 5/3.1-10-5(b) (West 2018)). A felony conviction probably will continue to inflict actual harm upon a defendant after the defendant has fully served the sentence.”
People v. Agpawa, 2018 IL App (1st) 171976 (Ill. App. Ct. 2018). · cites it 2× “1-10-5(b) of the Illinois Municipal Code (Municipal Code) ( 65 ILCS 5/3.1-10-5(b) (West 2016) ), was not eligible to take the oath of office for a municipal office because of his felony conviction.”
Alvarez v. Williams, 2014 IL App (1st) 133443 (Ill. App. Ct. 2015). “1-10-5(b) of the Illinois Municipal Code (65 ILCS 5/3.1-10-5(b) (West 2002)). Hofer, 363 Ill.”
Muldrow v. Mun. Officers Electoral Bd. for the City of Markham, 2019 IL App (1st) 190345 (Ill. App. Ct. 2019). “at 216 (quoting 65 ILCS 5/3.1-10-5 (West 2006)). The supreme court read section 3.”
People v. Agpawa, 2018 IL App (1st) 171976 (Ill. App. Ct. 2018). “1-10-5(b) of the Illinois Municipal Code (65 ILCS 5/3.1-10-5(b) (West 2016)), was not eligible to take the oath of office for a municipal office because of his felony conviction.”
Larry Sapp v. Kimberly Foxx, 106 F.4th 660 (7th Cir. 2024). · cites it 11× “The State’s Attorney’s Office’s complaint identified two Il- linois statutes it believed barred Sapp from continued service as a Board Trustee: 10 ILCS 5/29-15 and 65 ILCS 5/3.1-10-5(b). The first of these statutes is section 29-15 of the Illinois Elec- tion Code, which…”
Show all 35 citing cases →
— 65 ILCS 5/3.1-10-5(a) — 6 cases
Maksym v. Bd. of Election Commissioners, 950 N.E.2d 1051 (Ill. 2011). “1-10-5(a) of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/3.1-10-5(a) (West 2008)), mandating that he had "resided in" Chicago for the one year preceding the February 22, 2011, mayoral election.”
Maksym v. Bd. of Election Commissioners, 942 N.E.2d 739 (Ill. App. Ct. 2011). “1-10-5(a) of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/3.1-10-5(a) (West 2008)), mandating that he have "resided in" Chicago for the one year preceding the February 22, 2011 mayoral election.”
Watson v. Electoral Bd. of the Vill. of Bradley, 2013 IL App (3d) 130142 (Ill. App. Ct. 2013).
Maksym v. Bd. of Election Commissioners of the City of Chicago (Ill. App. Ct. 2011).
Poulos v. Smith, 2025 IL App (1st) 250133-U (Ill. App. Ct. 2025).
— 65 ILCS 5/3.1-10-5(b) — 29 cases
Jackson v. Bd. of Election Commissioners of the City of Chicago, 2012 IL 111928 (Ill. 2012). “1-10-5(b) of the Illinois Municipal Code (65 ILCS 5/3.1-10-5(b) (West 2010)) provides that a person “is not eligible for an elective municipal office if that person is in arrears in the payment of a tax or other indebtedness due to the municipality.”
Burke v. Electoral Bd. of the Vill. of Bradley, 2013 IL App (3d) 130141 (Ill. App. Ct. 2013). “” 65 ILCS 5/3.1-10-5(b) (West 2010). It then noted that the village issued a business license for Burke, Montague and Associates, LLC, which identifies the candidate as an owner of that business.”
Walker v. Agpawa, 2021 IL 127206 (Ill. 2021). “1-10-5(b) of the Illinois Municipal Code (65 ILCS 5/3.1-10-5(b) (West 2016)). Foxx further alleged that Agpawa had been convicted of an “infamous crime” and, consequently, was prohibited from holding municipal office, unless he received a pardon for his crime, under section…”
People v. Dawson, 2020 IL App (4th) 170872 (Ill. App. Ct. 2020). “1(a) (West 2018)), for example, and to take the oath of office for a municipal position (65 ILCS 5/3.1-10-5(b) (West 2018)). A felony conviction probably will continue to inflict actual harm upon a defendant after the defendant has fully served the sentence.”
People v. Agpawa, 2018 IL App (1st) 171976 (Ill. App. Ct. 2018). “1-10-5(b) of the Illinois Municipal Code (Municipal Code) ( 65 ILCS 5/3.1-10-5(b) (West 2016) ), was not eligible to take the oath of office for a municipal office because of his felony conviction.”
— 65 ILCS 5/3.1-10-5(c) — 1 case
Sigcho-Lopez v. Illinois State Bd. of Elections, 2021 IL App (1st) 200561 (Ill. App. Ct. 2021).
— 65 ILCS 5/3.1-10-5(d) — 3 cases
Maksym v. Bd. of Election Commissioners, 950 N.E.2d 1051 (Ill. 2011). “1-10-5(a) of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/3.1-10-5(a) (West 2008)), mandating that he had "resided in" Chicago for the one year preceding the February 22, 2011, mayoral election.”
Maksym v. Bd. of Election Commissioners, 942 N.E.2d 739 (Ill. App. Ct. 2011). “1-10-5(a) of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/3.1-10-5(a) (West 2008)), mandating that he have "resided in" Chicago for the one year preceding the February 22, 2011 mayoral election.”
Maksym v. Bd. of Election Commissioners of the City of Chicago (Ill. App. Ct. 2011).
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