Selection of Officers

THE STATE OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS April 24, 2000 Jim Ryan ATTORNEY GENERAL FILE NO. 00-009 TOWNSHIPS: Selection of Officers - The Honorable Kathleen L. Wojcik Assistant Republican Leader House of Representatives Room 632 State Capitol Springfield, Illinois 62706 Dear Representative Wojcik: I have your letter wherein you inquire whether, pursuant to referendum, a township may provide for the nomination and election of township officers on a non-partisan basis. For the reasons hereinaften stated, it is my opinion that the manner of selection of township officers is to be prescribed by statute, and that townships have not been granted the power to alter the method of selecting officers by referendum or otherwise. With respect to townships, article VII, section 8 of the Illinois Constitution of 1970 provides: "Townships, school districts, special districts and units, designated by law as units of local government, which exercise limited governmental powers or powers in 500 South Second Street, Springfield, Illinois 62706 (217) 782-1090 TTY: (217) 785-2771 FAX: (217) 782-7046 100 West Randolph Street, Chicago, Illinois 60601 (312) 814-3000 TTY: (312) 814-3374 FAX: (312) 814-3806 1001 Fast Main Illinois (618) 590.6100 FAV. The Honorable Kathleen L. Wojcik - 2. respect to limited governmental subjects shall have only powers granted by law. * * * The General Assembly shall provide by law for the selection of officers of the foregoing units, but the officers shall not be appointed by any person in the Judicial Branch. " (Emphasis added.) This section is clearly distinguishable from article VII, sections 6 and 7, which expressly authorize municipalities and counties to alter the manner of selection and the terms of office of their officers by referendum. The power granted under article VII, sections 6 and 7 to alter the "manner of election" of officers includes the determination of whether to elect officers on a non-partisan basis. Boytor V. City of Aurora (1980) 81 Ill. 2d 308; 1991 Ill. Att'y Gen. Op. 180. The General Assembly has provided for the manner of selection of township officers in articles 45 and 50 of the Township Code (60 ILCS 1/45-5 et seq., 1/50-5 et seq. (West 1998) ), which prescribe a partisan caucus system for the nomination of candidates for township office, and for the election of the nominees pursuant to the provisions of the Election Code (10 ILCS 5/1-1 et seq. (West 1998) ) In certain townships, candidates may be selected in a primary election. (60 ILCS 1/45-55 (West 1998) .) There is no provision, however, which permits a township to provide for the selection of candidates for township office on a non-partisan basis. Moreover, although section 45-60 The Honorable Kathleen L. Wojcik - 3. of the Township Code (60 ILCS 1/45-60 (West 1998) ) provides for the nomination of independent candidates and candidates repre- senting a new political party pursuant to Article 10 of the Election Code (10 ILCS 5/10-1 et seq. (West 1998) ), no provision thereof provides general authority for a unit of local government to adopt non-partisan nominating procedures. Therefore, it is my opinion that, absent statutory authorization, townships may not, by referendum or otherwise, provide for the nomination and election of township officers on a non-partisan basis. Sincerely, Jame JAMES E. E. RYAN By Attorney General