Gardner v. Mullins

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

INTRODUCTION

Section 25 — 11 of the Election Code requires that a vacancy in an elective county office be filled by appointment within 60 days of the vacancy’s occurrence. 10 ILCS 5/25 — 11 (West 2006). Ordinarily, a person appointed to fill such a vacancy would serve the remainder of the original term. However, the appointment will be only until the next general election “if more than 28 months remain in the term.” 10 ILCS 5/25 — 11 (West 2006). The question…