COUNTY EXECUTIVE TERM LIMITS S.B. 338:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 338 (as introduced 5-11-23)
Committee: Elections and Ethics
CONTENT
The bill would amend Public Act 293 of 1966, which allows for the creation of charter counties, to do the following:
-- Specify that a county executive in a county of less than 1.0 million people who was elected at the 2026 general November election would serve a two-year term beginning January 1, 2027, and ending December 31, 2028.
-- Specify that a county executive in a county of less than 1.0 million people who was elected at the 2028 general November election and every fourth year after would serve a four-year term beginning on January 1 following the election.
Generally, the Act requires a county charter to provide for the election of certain officers. In a county with a population of less than 1.5 million, the charter must provide for a county executive who is elected at large on a partisan basis. A county executive is elected for a term of four years, concurrent with the term of the county prosecuting attorney, county clerk, county register of deeds, county treasurer, county sheriff, elected county auditors, and county drain commissioner. The bill would modify term limits for the position of county executive for any county with a population of less than 1.0 million to align with this requirement.
Under the bill, notwithstanding any charter provision to the contrary, at the general November election in 2026, a county executive who was a qualified elector in that county would have to be elected at large on a partisan basis for a two-year term beginning January 1, 2027, and ending December 31, 2028. At the general November election in 2028 and every fourth year after, a county executive who was a qualified elector in that county would have to be elected at large on a partisan basis for a term of four years on January 1 following the election.
PREVIOUS LEGISLATION
The bill is similar to Senate Bill 525 of the 2021-2022 Legislative Session. The bill passed the Senate and was referred to the House but received no further action.
Legislative Analyst: Abby Schneider
FISCAL IMPACT
The bill would have no fiscal impact on the State and a potential, small, ambiguous impact on local units of government. The bill would change the election cycle for county executives to align with the presidential election cycle. If a county’s executive election is already aligned with the presidential election cycle, there is no fiscal impact. If a county’s executive election
is not aligned with the presidential election cycle, there could be an increased cost in 2026 due to the cost of the elections, assuming the county executive election was the only one on the ballot and was not already scheduled to take place. Counties that had county executive elections different from the presidential election cycle and were the only elections on the ballot could see a reduction of election costs held during presidential election cycles starting in 2028.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.