June 28, 2022

Volume XII, Number 179

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June 27, 2022

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Illinois HB 1434 Would Restrict Elected Officials to Holding One Public Office

Representative Jack D. Franks (D-Woodstock) has introduced an amendment to the Public Officer Prohibited Activities Act that would prohibit an elected official from holding more than one public office simultaneously.  The proposed amendment would apply regardless of whether the elected official received was compensated for the office or not.

The proposed amendment defines elected official as "any person who holds an office that is subject to election in accordance with the Election Code." It also defines public office as "an office to which a person is elected or appointed to discharge a public duty for the State or any of its political subdivisions and an office which is established and the qualifications and duties are prescribed by statute."

Currently, the ability of a current elected official to pursue appointment or election to another public office is determined by whether the offices are incompatible. The proposed bill would remove the interpretation on incompatability and prohibit the elected official from holding another simultaneous public office altogether. While there is merit in the concept of the amendment, it raises questions for communities that struggle to find citizens interested in serving on public boards. The bill also raises questions about the public body's ability to represent its interests on other boards. For example, as drafted, the bill would prohibit a City Council member from being the appointed to the City Zoning Board. 

© 2022 Heyl, Royster, Voelker & Allen, P.CNational Law Review, Volume V, Number 50
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About this Author

Of Counsel

Chrissie's practice is focused on government law, representing municipalities and other public entities in a broad range of issues, including administrative and regulatory law, the operation and governance of critical services, infrastructure construction and financing, council procedures, tax increment financing and economic development. Before joining Heyl Royster, Chrissie served as the City Attorney for Canton, Illinois for seven years where she managed all legal aspects of a municipal corporation.

309-676-0400
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