Chapter 55 — COUNTIES

(55 ILCS 5/1-1001) (from Ch. 34, par. 1-1001) Sec. 1-1001. Short title. This Act shall be known and may be cited as the Counties Code. (Source: P.A. 97-1154, eff. 1-25-13.)

(55 ILCS 5/1-1002) (from Ch. 34, par. 1-1002) Sec. 1-1002. Boundaries. The boundaries of the several counties of this State shall remain as now established until the same be changed according to law. (Source: P.A. 86-962.)

(55 ILCS 5/1-1003) (from Ch. 34, par. 1-1003) Sec. 1-1003. Jurisdiction over rivers. Each county bounded by either the Mississippi, Ohio or Wabash river, shall have jurisdiction over such river to the extent it is so bounded, which jurisdiction may be exercised concurrently with …

(55 ILCS 5/1-1004) (from Ch. 34, par. 1-1004) Sec. 1-1004. Jurisdiction over Lake Michigan. Each of the counties bordering on Lake Michigan shall have jurisdiction over said lake eastwardly, to the east line of the State. (Source: P.A. 86-962.)

(55 ILCS 5/1-2001) (from Ch. 34, par. 1-2001) Sec. 1-2001. Petition for transfer of territory. When a majority of the legal voters, residing upon any territory, not less than half of one congressional township, shall petition the county board of their own county, and also of the …

(55 ILCS 5/1-2002) (from Ch. 34, par. 1-2002) Sec. 1-2002. Notice of election. In addition to the requirements of the general election law, notices of such election shall contain a description of the territory proposed to be transferred, and the names of the counties from and to …

(55 ILCS 5/1-2003) (from Ch. 34, par. 1-2003) Sec. 1-2003. Form of ballots; effect of vote. The ballots used in the said elections may be in the following form, to wit: "For transferring territory," and "Against transferring territory." If a majority of the voters voting upon sai…

(55 ILCS 5/1-2004) (from Ch. 34, par. 1-2004) Sec. 1-2004. Restriction. No county shall be reduced, under the provisions of this Division, to less contents than 400 square miles; nor shall any county line be made to pass within less than ten miles of the county seat of the county…

(55 ILCS 5/1-2005) (from Ch. 34, par. 1-2005) Sec. 1-2005. Adjustment of debts. No territory transferred under the provisions of this Division shall be released from the payment of its proportion of the debts of the county from which such territory is transferred; and such propor…

(55 ILCS 5/1-2006) (from Ch. 34, par. 1-2006) Sec. 1-2006. Territory released. When the county to which such territory is transferred shall also be indebted, the county board of such county shall release such transferred territory from the payment of such indebtedness to an amoun…

(55 ILCS 5/1-2007) (from Ch. 34, par. 1-2007) Sec. 1-2007. When elections at discretion of county board. When a majority of the legal voters of any territory, less than half of one congressional township, shall petition the county boards as provided in Section 1-2001, the said co…

(55 ILCS 5/1-3001) (from Ch. 34, par. 1-3001) Sec. 1-3001. Petition to form new county. Whenever it is desired to form a new county out of one or more of the then existing counties, and a petition praying for the erection of such new county, stating and describing the territory p…

(55 ILCS 5/1-3002) (from Ch. 34, par. 1-3002) Sec. 1-3002. Election; effect. If it shall appear that a majority of all the votes cast at such election, in each of the counties interested, is in favor of the erection of such new county, the county clerk of each of said counties sh…

(55 ILCS 5/1-3003) (from Ch. 34, par. 1-3003) Sec. 1-3003. Township or precinct officers; continuance in office. All the township or precinct officers, who were previously elected and qualified in the county or counties from which such new county has been formed, whose term of of…

(55 ILCS 5/1-3004) (from Ch. 34, par. 1-3004) Sec. 1-3004. Canvass and return of votes. The votes for the county officers of said new county shall be canvassed, and returns made, by the county clerk or county clerks of the county or counties from which such new county was formed,…

(55 ILCS 5/1-3005) (from Ch. 34, par. 1-3005) Sec. 1-3005. County deemed organized. The oath of office may be administered to the several county officers of such new county by any person authorized by law to administer oaths; and as soon as such county officers are duly qualified…

(55 ILCS 5/1-3006) (from Ch. 34, par. 1-3006) Sec. 1-3006. Transfer of suits and judgments. The courts of any county or counties from which such new county is erected may, by proper order, transfer any suit or other legal proceeding affecting real estate in such new county, to th…

(55 ILCS 5/1-3007) (from Ch. 34, par. 1-3007) Sec. 1-3007. Adjustment of property and debts. All the property, both real and personal, and all debts, liabilities and choses in action of every kind, belonging to the county or counties from which such new county was formed, shall b…

(55 ILCS 5/1-3008) (from Ch. 34, par. 1-3008) Sec. 1-3008. Appointment of commissioner to copy records. The presiding officer of the county board of such new county, with the advice and consent of that county board, shall, at any session of said board, by an order to be entered o…

(55 ILCS 5/1-3009) (from Ch. 34, par. 1-3009) Sec. 1-3009. Transcription of records. As soon as said books shall be delivered to said commissioner, he shall record in each a copy of the order of his appointment and of his oath of office, and shall thereupon proceed to transcribe,…

(55 ILCS 5/1-3010) (from Ch. 34, par. 1-3010) Sec. 1-3010. Index of records; evidence. The commissioner shall note, at the end of each paper he shall transcribe, the book and page from which the same was transcribed, and shall make a correct double index of the records; and on th…

(55 ILCS 5/1-3011) (from Ch. 34, par. 1-3011) Sec. 1-3011. Fixing county seat. For the purpose of fixing the permanent location of the county seat of such new county, the voters of said county shall, at said election for county officers, vote for some place, to be designated upon…

(55 ILCS 5/1-4001) (from Ch. 34, par. 1-4001) Sec. 1-4001. Petition to unite counties. Whenever any number of legal voters, not less than two hundred, one-half of such number being owners or life tenants of real estate, residing in any county in this State, shall petition the cou…

(55 ILCS 5/1-4002) (from Ch. 34, par. 1-4002) Sec. 1-4002. Designation of counties. In this Division and all proceedings thereunder, the county whose legal voters shall petition the several county boards as aforesaid, shall be called the "petitioning county," and the county to wh…

(55 ILCS 5/1-4003) (from Ch. 34, par. 1-4003) Sec. 1-4003. Form of proposition. The proposition shall be substantially in the following form: For uniting and annexing the county of (naming the petitioning county) to the county of (naming the adjoining county). Against uniting and…

(55 ILCS 5/1-4004) (from Ch. 34, par. 1-4004) Sec. 1-4004. Effect of vote. If a majority of the votes polled in each of such counties at such election shall be in favor of said proposition, all that territory included within the established boundaries of the petitioning county, s…

(55 ILCS 5/1-4005) (from Ch. 34, par. 1-4005) Sec. 1-4005. Proclamation by Governor. Within ten days after such election, the county clerk of each of such counties shall send a correct and duly certified abstract of the votes polled at such election to the Secretary of State; and…

(55 ILCS 5/1-4006) (from Ch. 34, par. 1-4006) Sec. 1-4006. Officers to hold office until expiration of term. All the county officers of the petitioning county shall continue to hold their respective offices until their respective terms of office shall expire, and shall perform th…

(55 ILCS 5/1-4007) (from Ch. 34, par. 1-4007) Sec. 1-4007. Process. All process of every kind against any person or property within the territory, which had constituted the petitioning county before the proclamation aforesaid, during the continuance of the term of office of the c…

(55 ILCS 5/1-4008) (from Ch. 34, par. 1-4008) Sec. 1-4008. Sheriff of petitioning county. The sheriff of the petitioning county shall continue after the date of the Governor's proclamation, to perform the duties of sheriff in the territory that had constituted the petitioning cou…

(55 ILCS 5/1-4009) (from Ch. 34, par. 1-4009) Sec. 1-4009. Coroner. The coroner of the petitioning county shall perform all the duties required of him by law within the territory that had constituted the petitioning county before the proclamation aforesaid, until his term of offi…

(55 ILCS 5/1-4010) (from Ch. 34, par. 1-4010) Sec. 1-4010. County treasurer. The county treasurer of the petitioning county shall perform all the duties required of him by law, in the territory that had constituted the petitioning county, during his term of office. He shall asses…

(55 ILCS 5/1-4011) (from Ch. 34, par. 1-4011) Sec. 1-4011. State's attorney. The State's Attorney for the petitioning county shall, during his term of office, receive the same compensation he was receiving at the date of the proclamation of the Governor, as aforesaid. He shall co…

(55 ILCS 5/1-4012) (from Ch. 34, par. 1-4012) Sec. 1-4012. Superintendent of schools. The county superintendent of schools of the petitioning county shall continue to act as such in the territory that constituted the petitioning county before said proclamation, until his term of …

(55 ILCS 5/1-4013) (from Ch. 34, par. 1-4013) Sec. 1-4013. County board. The members of the county board of the petitioning county and the county board of the adjoining county, after the date of the Governor's proclamation aforesaid, shall sit together at all regular and called m…

(55 ILCS 5/1-4014) (from Ch. 34, par. 1-4014) Sec. 1-4014. Death of officer of petitioning county. If any county officer of the petitioning county shall die before his term of office shall have expired, after the proclamation aforesaid, no successor to him shall be elected to fil…

(55 ILCS 5/1-4015) (from Ch. 34, par. 1-4015) Sec. 1-4015. Town officers. If both the petitioning and adjoining counties are under township organization, the town officers shall not be in any manner affected by the union and annexation aforesaid. If the petitioning county is unde…

(55 ILCS 5/1-4016) (from Ch. 34, par. 1-4016) Sec. 1-4016. Legislative and judicial apportionment to remain. The territory which constituted the petitioning county shall continue and remain until the next apportionment of the state for congressional, legislative or judicial purpo…

(55 ILCS 5/1-4017) (from Ch. 34, par. 1-4017) Sec. 1-4017. Transfer of causes. All cases of every kind that are on the docket of the circuit court of the petitioning county at the date of the Governor's proclamation aforesaid, shall be transferred by the clerk of the circuit cour…

(55 ILCS 5/1-4018) (from Ch. 34, par. 1-4018) Sec. 1-4018. Debts; taxes; issuing bonds. The adjoining county shall not become liable for the debts of the petitioning county. The county board of the adjoining county shall have all the powers which the county board of the petitioni…

(55 ILCS 5/1-5001) (from Ch. 34, par. 1-5001) Sec. 1-5001. Boundaries. In counties of 300,000 inhabitants or over, where the county seat is entirely located within the corporate limits of a city or village, the boundaries of such county seat shall be the same as the boundaries of…

(55 ILCS 5/1-5002) (from Ch. 34, par. 1-5002) Sec. 1-5002. Boundaries; Counties of 300,000 or less. In counties of 300,000 inhabitants or less, where the county seat is entirely located within the corporate limits of a city or village, the boundaries of such county seat shall be …

(55 ILCS 5/1-5003) (from Ch. 34, par. 1-5003) Sec. 1-5003. Time of holding elections. All elections for the removal of county seats shall be held at general elections in accordance with the general election law. (Source: P.A. 86-962.)

(55 ILCS 5/1-5004) (from Ch. 34, par. 1-5004) Sec. 1-5004. Notice of petition to move county seat. Public notice shall be given of the intention to circulate a petition praying for an election for the removal of the county seat of any county from its then present location to some…

(55 ILCS 5/1-5005) (from Ch. 34, par. 1-5005) Sec. 1-5005. Qualifications of petitioner. Each petitioner signing such petition shall write or cause to be written opposite to his name on said petition, the name of the city and ward in which he then resides, if he resides in a city…

(55 ILCS 5/1-5006) (from Ch. 34, par. 1-5006) Sec. 1-5006. Petition open to inspection. Said petition or petitions shall, after the same are filed in the office of the clerk of the circuit court, be open to the inspection of any and all citizens of the county, but shall not be re…

(55 ILCS 5/1-5007) (from Ch. 34, par. 1-5007) Sec. 1-5007. Contesting petition. Any citizen and legal voter at general elections in said county may contest the right of any person, whose name is subscribed to said petition, to sign such petition under this Division, and shall als…

(55 ILCS 5/1-5008) (from Ch. 34, par. 1-5008) Sec. 1-5008. Notice of filing petition; hearing. Whenever such petition or petitions and affidavit named in Section 1-5004 shall be filed in the office of the clerk of the circuit court of such county, it shall be the duty of the cler…

(55 ILCS 5/1-5009) (from Ch. 34, par. 1-5009) Sec. 1-5009. Precedence of cases of contest. All cases of contest arising upon said petitions or affidavit shall have precedence over all other cases during September in such court, and shall be heard and determined before the expirat…

(55 ILCS 5/1-5010) (from Ch. 34, par. 1-5010) Sec. 1-5010. Challengers. Whenever the court shall order any county seat election under the provisions of this Division, the court shall appoint three resident legal voters of the point to which it is proposed to remove the county sea…