How Long Will the Next State's Attorney Serve?

Former Effingham County State's Attorney Bryan Kibler was sworn in this week as Effingham County Resident Circuit Judge.

The Effingham County Board will appoint Kibler's successor as State's Attorney, based on a recommendation from the Effingham County Republican Central Committee.

Our question was, "how long will whoever is appointed as State's Attorney serve?"

Effingham County Clerk Kerry Hirtzel did some research to answer that question. Here is what he found:

The office of State’s Attorney will not be on the ballot for the November 5, 2022 General Election.

The Election Code (10 ILCS 5/25-11) provides a time line for Filling a Vacancy in County Office.

The statute reads that if more than 28 months remain in the term, the appointment shall be until the next general election at which time the vacated office shall be filled by election for the remainder of the term.

Twenty eight months from November 5, 2024 is August 5, 2022.

Since Bryan’s resignation was submitted on August 15, 2022 with a resignation date of August 22, 2022 the County Board is tasked with appointing a State’s Attorney to fill the rest of the term.

If Bryan would have submitted his resignation before August 5th, an election for an unexpired term would be on the ballot for November as that would constitute more than 28 months.