County Clerk & Recorder

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County Clerk & Recorder

Welcome to the Clay County Clerk & Recorder

Duties & Responsibilities:

Administrating elections in Clay County
Maintaining voter registration for Clay County
Calculates and extends tax rates on all real estate in Clay County
Collection of Delinquent taxes
Maintain vital records in Clay County (Birth, Marriage & Death)
Issuing Marriage License
Maintain Assumed Name Business Certificates
Maintain Statement of Economic Interest
Processing Accounts Payable for Clay County
Processing Payroll for Clay County
Clerk or Secretary to the Clay County Board – take/create board minutes
Maintain County Resolutions and Ordinances
File financial reports, budget and levy from local taxing entities
Filing of Military Discharge DD214
Recording and Maintaining permanent and public record of real estate transactions
FOIA Officer

Recent News

Clay County Predictable Fee Schedule

Electronic Devices Policy

Upcoming Events

Common Questions & Services

Requirements for Acquiring a Marriage License

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The fee for a Marriage License is $50. Cash and/or check are the only forms of payment accepted at this time.
The marriage must take place in the SAME County in which the license is issued. Couples who wish to be married in Clay County must apply for their license through this online service and come in to the Clay County Clerk’s Office to complete the application process and receive their license.
Both partners in the marriage need to appear in person at the Clay County Clerk’s Office after the online application has been submitted. You must apply for the license at least one day ahead of your marriage date. The license becomes effective the day after it is issued and is effective for sixty (60) calendar days.
All applicants must provide proof of identity and age. The County Clerk’s Office accepts all valid photo ID’s of government issuance such as a Driver’s License, State issued photo ID or a Military ID.
Applicants under 18 years of age must have parental consent before applying for a marriage license. The mother and father of an underage applicant are required to appear, with the applicants, in the County Clerk’s Office to sign a consent form before the marriage license is issued. All underage applicants must also present a valid photo ID and certified Birth Certificate. *Please note: The mother and father signing consent to the marriage of an underage applicant must match the parent names listed on the certified Birth Certificate.

Contact the County Clerk’s Office for a list of alternative proofs of identity and/or age that can be accepted.
If there was a previous marriage that ended due to divorce, the couple will need to know the specific date, County and State that the divorce occurred. If the previous marriage ended due to a death, the couple will need to know the specific date, County and State that the death occurred. If the divorce or death happened in the past thirty (30) days, appropriate documentation will need to be provided.
The couple will need to know their mother’s and father’s full birth names, current City and State of residence (if still living), and the State or Foreign Country where they were born.
Effective September 11, 1989, pre-marital blood tests are no longer required in the State of Illinois to acquire a marriage license.
The license must be returned to the Clay County Clerk’s office within ten (10) business days from the date of the ceremony in the envelope provided by the County Clerk’s Office, or brought to the County Clerk’s Office in person from the officiant, bride and/or groom.
If you plan on being married at the Courthouse, you will need to make arrangements by calling the Circuit Clerk’s Office at (618) 665-3523.

General Information

Any person(s) conducting business under an assumed name in the State of Illinois must register in the Office of the County Clerk in the County where they are to conduct or transact the business pursuant to 805 ILCS 405/1.
If the business will be a corporation other than a professional service corporation, or an LLC, you will need to file with the Illinois Secretary of State (217-782-7880), not the County Clerk.
If the corporation will be a professional service corporation (805 ILCS 10/1) which adopts a fictitious name or continues to use the name of a deceased shareholder or the name of a member of a predecessor organization, you must file with the County Clerk of the County where your principal place of business is located.

Requirements for an Assumed Name

The fee for an Assumed Name Certificate Intention form is $25. Cash and/or check are the only forms of payment accepted at this time.
Business owners who wish to conduct their business in Clay County must complete their application through this online service and come in to the Clay County Clerk’s Office to complete the application process. If the business applied for has multiple owners who are unable to appear in person together at the Clay County Clerk’s Office, the completed form must be returned with official notary stamps for each listed business owner. If the owner(s) of the business appear in person at the Clay County Clerk’s Office, a notary stamp will not be required.
The County Clerk’s Office will complete a Publication Notice for the owner(s) to take to the Clay County Republican (Local Newspaper), located at 126 Church St., Louisville, IL 62858. The Clay County Republican will publish the notice once a week for three (3) consecutive weeks. After the third publication, the Clay County Republican will provide a “Certificate of Publication.”
Upon receipt of the “Certificate of Publication” from the Clay County Republican, the County Clerk’s Office will issue a “Certificate of Business Registration” to the business owner(s), which will be addressed and mailed to their officially registered business.

Delinquent Tax Process

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General

Each year many property owners pay their real estate taxes late or are unable to pay them altogether. The information below explains how the property tax collection process works in Clay County.

Prior to the Tax Sale

The Clay County Treasurer sends tax bills to property owners once a year with two installment due dates. Payments not received in the County Treasurer’s Office or that are not postmarked by the due date are subject to a 1.5% penalty per month, which is in compliance with Illinois State Statute. Tax payments not received by the second installment due date will be considered DELINQUENT and are subject to publication and tax sale. The Treasurer is required to send a final notice by Certified Mail to the owner of the record shown in the County tax system before the taxes are sold at tax sale.

Tax Sale

The tax sale in Clay County is held annually (month may vary slightly). The “tax buyer” who bids the lowest rate of interest pays the County Treasurer’s Office the total taxes that were due plus costs associated with the sale and fees. Any questions on Tax Sale procedures and delinquent property lists should be addressed to the Clay County Treasurer at 618-665-3727

Period of Redemption

Following the tax sale, all records are turned over to the County Clerk for redemption.

Within 4½ months of the tax sale, the tax buyer is required to mail a notice of the sale (called a “Take Notice”) to the party in whose name the taxes were originally assessed (which may not be the current owner).

If your unpaid taxes have been sold, the County Clerk’s Office can provide you with an “Estimate of Redemption”, detailing the amount necessary to redeem (pay) your taxes and remove the threat of losing your property. You may simply call the County Clerk’s Office to inquire about the amount owed and request an estimate.

The redemption of these taxes must be made in one FULL PAYMENT. State law prohibits accepting partial payments. Payment may only be made by certified funds in the form of cash, cashier’s check, certified check or money order. Cashier’s/certified checks or money orders should be made payable to the Clay County Clerk, and the parcel ID number should be entered on the check by the establishment that printed the check. Payments may be made in person or by mail. Once the redemption is satisfied, a receipt will be issued.

Subsequent Taxes

In each following year, if the new taxes billed in that subsequent year are not paid, the current tax buyer has the option of buying these taxes after the second installment is deemed delinquent and before the next tax sale. If the tax buyer does so, the current year taxes are added to the redemption total with a 12% per year penalty attached.

NOTE: If the tax buyer has petitioned the courts for a tax deed, the tax buyer does not need to wait until the second installment is delinquent. In that situation, the tax buyer has the option of buying the taxes as soon as the tax bill is issued.

Costs of Tax Deed Process

Within three to six months before the period of redemption expires, the tax buyer must initiate the legal proceedings to eventually obtain the tax deed. The tax buyer petitions the Circuit Court of the County. Any costs associated with those legal proceedings incurred by the tax buyer can be added to the redemption total at any time (but no later than 1 month before the last date to redeem). As part of the petitioning process, a final “take notice” will be sent to any interested party by Certified Mail. This final take notice advises the parties of the final date to redeem on said property and when a hearing will be held in the Circuit Court in order for the tax buyer to take ownership of the property.

After Redemption Period Expires

The tax buyer must appear before the Circuit Court of Clay County. The owner may be present at this hearing, but the right to redeem will already have expired at that time. The Circuit Court reviews the evidence and must be satisfied that the tax buyer has fulfilled all statutory obligations and that the period of redemption has expired. If the court deems that the tax buyer has fulfilled all the legal obligations, the Court will order the County Clerk to issue a Tax Deed, transferring ownership of the property to the tax buyer.

Statements of Economic Interest

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Statements of Economic Interest are disclosure forms for public officials, candidates for public office and certain other public employees. Filers must list specific information about their business dealings, outside income and other information. Those required to file must file with the County Clerk annually, no later than May 1.

On August 4, 1993 Public Act 88-187 was signed into law, as an amendment of the Illinois Governmental Ethics Act which significantly revises the requirement for filing Statements of Economic Interest.

Please click the link below to print your form.

DOWNLOAD ECONOMIC INTEREST FORM

Who must file a Statement of Economic Interest?

**Individuals in a unit of local government who must file a statement of economic interest are below (Illinois Governmental Ethics Act, 5 ILCS 420):**

Persons who are elected to office in a unit of local government, and candidates for nomination or election to that office, including regional superintendents of school districts.
Persons appointed to the governing board of a unit of local government, or of a special district, and persons appointed to a zoning board, or zoning board of appeals, or to a regional, county, or municipal plan commission, or to a board of review of any county, and persons appointed to a board or commission of a unit of local government who have authority to authorize the expenditure of public funds. This subsection does not apply to members of boards or commissions who function in an advisory capacity.

Persons who are employed by a unit of local government and are compensated for services as employees and not as independent contractors and who:

are, or function as, the head of a department, division, bureau, authority or other administrative unit within the unit of local government, or who exercise similar authority within the unit of local government.
Have direct supervisory authority over, or direct responsibility for the formulation, negotiation, issuance or execution of contracts entered into by the unit of local government in the amount of $1,000 or greater.
Have authority to approve licenses and permits by the unit of local government; this item does not include employees who function in a ministerial capacity; adjudicate, arbitrate, or decide any judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the unit of local government.
Have authority to issue or promulgate rules and regulations within areas under the authority of the unit of local government.
Have supervisory responsibility for 20 or more employees of the unit of local government.
Are employed by a school district in positions that require that person to hold an administrative or a chief school business official endorsement.