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This entry was published on 2014-09-22
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SECTION 15-106
Special village elections for officers
Election (ELN) CHAPTER 17, ARTICLE 15
§ 15-106. Special village elections for officers. 1. a. In a village
where the rules of any party require that any nomination of candidates
for village office by such party be made at a primary election, pursuant
to this article;

(1) Special village elections shall be held on the third Tuesday of
the month preceding the end of the current official year in which no
general village election is regularly scheduled, to fill a vacancy or
vacancies in an office or offices occurring:

(a) More than one hundred five days prior to such Tuesday;

(b) Less than seventy-five days prior to the third Tuesday of the
month preceding the end of the preceding official year;

(2) Such primary election shall be waived, such party nomination or
nominations made by the party caucus, and special village elections for
officers held:

(a) On the third Tuesday of the month preceding the end of the current
official year in which no general village election is regularly
scheduled, to fill a vacancy or vacancies in an office or offices
occurring between seventy-five and one hundred five days, inclusive,
prior to such Tuesday;

(b) On a Tuesday as soon as practicable:

(i) Whenever the day fixed by law for a general village election shall
have passed and no election shall have been held thereon, but in no
event on a day less than sixty-one nor more than ninety-five days after
the day on which the official call for such special election is made by
the board of trustees of the village, whether such official call is made
before or after the day fixed by law for such general village election;

(ii) Whenever the day fixed by law for a general village election
shall have passed and any office or offices which should have been
filled at such election shall have been omitted from the ballot
therefor, but in no event on a day less than sixty-one nor more than
ninety-five days after the day on which the official call for such
special election is made by the board of trustees of the village,
whether such official call is made before or after the day fixed by law
for such general village election; or

(iii) Whenever vacancies in the village's board of trustees constitute
a majority of the seats thereof, but in no event less than sixty-one nor
more than ninety-five days after the day on which such vacancies first
constitute such majority.

b. In any other village, special village elections shall be held;

(1) On the third Tuesday of the month preceding the end of the current
official year in which no general village election is regularly
scheduled to fill a vacancy or vacancies in an office or offices
occurring:

(a) At least seventy-five days prior to such Tuesday;

(b) Less than seventy-five days prior to the third Tuesday of the
month preceding the end of the preceding official year;

(2) On a Tuesday as soon as practicable:

(a) Whenever the day fixed by law for a general village election shall
have passed and no election shall have been held thereon, but in no
event on a day less than sixty-one nor more than ninety-five days after
the day on which the official call for such election is made by the
board of trustees of the village, whether such official call for such
special election is made before or after the day fixed by law for such
general village election;

(b) Whenever the day fixed by law for a general village election shall
have passed and any office or offices which should have been filled at
such election shall have been omitted from the ballot therefor, but in
no event on a day less than sixty-one nor more than ninety-five days
after the day on which the official call for such special election is
made by the board of trustees of the village, whether such official call
is made before or after the day fixed by law for such general village
election; or

(c) Whenever vacancies in the village's board of trustees constitute a
majority of the seats thereof, but in no event on a day less than
sixty-one nor more than ninety-five days after the day on which such
vacancies first constitute such majority.

2. Any officer elected at any such special village election shall fill
the office to which elected for the remainder of the current term of
such office, and shall enter upon the duties of such office at the end
of the current official year, except that such officer shall enter upon
the duties of such office immediately whenever:

a. such office is then vacant or becomes vacant prior to the end of
the current official year; or

b. such special election is held after the end of any official year
during which a general village election was scheduled to be held but was
not held; or

c. such special election is held after the end of any official year to
fill a vacancy in an office that was to be filled at the preceding
general election but was omitted from the ballot therefor.

3. Except as herein otherwise provided, no such election shall be held
either in the month of, or in the month prior to, a regularly scheduled
general village election.

4. Notice of a special village election for officers shall be given in
the same manner as for a general village election. If the offices of all
trustees and mayor are vacant the notice shall be given by the village
clerk. If the office of village clerk is also vacant the election shall
be held at the call of, and noticed by, at least twenty-five residents
qualified to vote for village office.