HB5993 99TH GENERAL ASSEMBLY

LRB099 19675 MGM 44072 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5993

Introduced , by Rep. Ed Sullivan

SYNOPSIS AS INTRODUCED:

65 ILCS 5/3.1-10-67 new
65 ILCS 20/21-24.5 new

Amends the Municipal Code and the Revised Cities and Villages Act of 1941. Establishes a procedure for an election to recall mayors and village presidents. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Municipal Code is amended by adding Section 3.1-10-67 as follows:

(65 ILCS 5/3.1-10-67 new)

Sec. 3.1-10-67. Recall election-mayors and village presidents.

(a) The recall of a mayor or village president may be proposed by a petition signed by a number of electors equal in number to at least 15% of the total votes cast for that office in the preceding election. A petition shall have been signed by the petitioning electors not more than 150 days after an affidavit has been filed with the local election official providing notice of intent to circulate a petition to recall the mayor or village president. The affidavit may be filed no sooner than 6 months after the beginning of the official's term of office. The affidavit shall have been signed by the proponent of the recall petition.

(b) The form of the petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the petition is valid and sufficient, the local election official shall certify the petition not more than 100 days after the date the petition was filed, and the question "Shall (name) be recalled from the office of (office)?" must be submitted to the electors at a special recall election called by the local election official, to occur not more than 100 days after certification of the petition. A recall petition certified by the local election official may not be withdrawn and another recall petition may not be initiated against the mayor or village president during the remainder of the current term of office. Any recall petition or recall election pending on the date of the next election at which a candidate for the office is elected is void.

(c) If a petition to recall the mayor or village president has been filed with the local election official, a person eligible to serve as mayor or village president may propose his or her candidacy for the special successor primary election by a petition signed by the requisite number of legal voters of the local government, signed not more than 50 days after a recall petition has been filed with the local election official. All such petitions, and procedure with respect thereto, shall conform in other respects to the provisions of the election and ballot laws then in force concerning the nomination of independent candidates for public office by petition. If the successor election petition is valid and sufficient, the local election official shall certify the petition not more than 100 days after the date the petition to recall the mayor or village president was filed.

If the mayor or village president is removed by the special recall election, the names of candidates for mayor or village president must be submitted to the electors at a special successor primary election called by the local election official to be held 60 days after the special recall election. If no candidate receives a majority of the votes in the special successor primary election, a special runoff election shall be held no later than 60 days after the special successor primary election, and only the names of the candidates receiving the highest and second highest number of votes at the special successor primary election shall appear on the ballot. If more than one candidate received the highest or second highest number of votes at the special successor primary election, the names of all candidates receiving the highest and second highest number of votes shall appear on the ballot at the special runoff election. The candidate receiving the highest number of votes at the special runoff election shall be declared elected.

(d) The mayor or village president is immediately removed upon certification of the special recall election results if a majority of the electors voting on the question vote to recall the mayor or village president. If the official is removed, then (i) the Vice Mayor or other individual selected by the city council or village board shall serve until the mayor or village president elected at the special successor primary election or special runoff election is qualified and (ii) the candidate who receives a majority of votes in the special primary election or the candidate who receives the highest number of votes in the special runoff election is elected mayor or village president for the balance of the term.

Section 10. The Revised Cities and Villages Act of 1941 is amended by adding Section 21-24.5 as follows:

(65 ILCS 20/21-24.5 new)

Sec. 21-24.5. Recall election-Mayor of Chicago.

(a) The recall of the Mayor of Chicago may be proposed by a petition signed by a number of electors equal in number to at least 15% of the total votes cast for Mayor in the preceding election, with at least 50 signatures from each ward. A petition shall have been signed by the petitioning electors not more than 150 days after an affidavit has been filed with the board of election commissioners providing notice of intent to circulate a petition to recall the Mayor. The affidavit may be filed no sooner than 6 months after the beginning of the Mayor's term of office. The affidavit shall have been signed by the proponent of the recall petition and at least 2 aldermen.

(b) The form of the petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the petition is valid and sufficient, the board of election commissioners shall certify the petition not more than 100 days after the date the petition was filed, and the question "Shall (name) be recalled from the office of Mayor?" must be submitted to the electors at a special recall election called by the board of election commissioners, to occur not more than 100 days after certification of the petition. A recall petition certified by the board of election commissioners may not be withdrawn and another recall petition may not be initiated against the Mayor during the remainder of the current term of office. Any recall petition or recall election pending on the date of the next election at which a candidate for Mayor is elected is void.

(c) If a petition to recall the Mayor has been filed with the board of election commissioners, a person eligible to serve as Mayor may propose his or her candidacy for the special successor primary election by a petition signed by at least 12,500 legal voters of the city, signed not more than 50 days after a recall petition has been filed with the board of election commissioners. All such petitions, and procedure with respect thereto, shall conform in other respects to the provisions of the election and ballot laws then in force in the city of Chicago concerning the nomination of independent candidates for public office by petition. If the successor election petition is valid and sufficient, the board of election commissioners shall certify the petition not more than 100 days after the date the petition to recall the Mayor was filed.

If the Mayor is removed by the special recall election, the names of candidates for Mayor must be submitted to the electors at a special successor primary election called by the board of election commissioners to be held 60 days after the special recall election. If no candidate receives a majority of the votes in the special successor primary election, a special runoff election shall be held no later than 60 days after the special successor primary election, and only the names of the candidates receiving the highest and second highest number of votes at the special successor primary election shall appear on the ballot. If more than one candidate received the highest or second highest number of votes at the special successor primary election, the names of all candidates receiving the highest and second highest number of votes shall appear on the ballot at the special runoff election. The candidate receiving the highest number of votes at the special runoff election shall be declared elected.

(d) The Mayor is immediately removed upon certification of the special recall election results if a majority of the electors voting on the question vote to recall the Mayor. If the Mayor is removed, then (i) the Vice Mayor shall serve until the Mayor elected at the special successor primary election or special runoff election is qualified and (ii) the candidate who receives a majority of votes in the special primary election or the candidate who receives the highest number of votes in the special runoff election is elected Mayor for the balance of the term.

Section 99. Effective date. This Act takes effect upon becoming law.