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Village attorney: appointee serves until next regular municipal election; filing details for partial terms explained
Summary
The village's outside counsel advised that under the village charter an appointee to a vacant trustee seat serves only until the next regular municipal election occurring more than 40 days after the vacancy; the attorney said candidates must indicate whether they seek a full or remaining term and that he will confirm election timing and follow up on outstanding questions.
At the May 11 meeting the village retained counsel's written opinion addressing how to fill a recently vacated trustee seat.
Attorney Zach Lerman of The Kelly Firm told council that, under the village charter provision his office reviewed, an appointee to fill a vacancy serves only until the next regular municipal election that occurs more than 40 days after the vacancy. "Under section 26 of the charter, any person appointed to fill a vacancy in an elected office holds that position only until the next regular municipal election that occurs more than 40 days after the vacancy was created," Lerman said.
Lerman explained filing mechanics for candidates: the affidavit of identity and receipt of filing instructions on the Secretary of State form requires candidates to specify whether they seek a full four‑year term or the remaining portion of a term; the ballot will list the expiration date so voters can see whether a candidate is seeking a partial or full term. Trustees asked follow‑up questions about whether a candidate can file for two separate trustee seats (for different expirations) and what happens if nobody runs for the partial term; Lerman said he would research those scenarios and return with a clarified, possibly amended opinion because the charter language and local election timing left open some details (he flagged uncertainty about whether the next regular municipal election falls in 2026 or 2027 and said he would confirm).
Council did not take immediate action but directed staff and counsel to coordinate with the township election office so filing and ballot language are clear to potential candidates.
