SB1954eng 104TH GENERAL ASSEMBLY

SB1954 Engrossed LRB104 10305 JDS 20379 b

AN ACT concerning recall of countywide elected officials.

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

Section 5. The Counties Code is amended by adding Division 3-16 as follows:

(55 ILCS 5/Div. 3-16 heading new)

Division 3-16. Recall of Countywide Elected Officials

(55 ILCS 5/3-16001 new)

Sec. 3-16001. Recall of a countywide elected official.

(a) Sangamon County may establish a process by which countywide elected officials may be recalled by the electors of the county, by submitting the proposition to the electors of the county and obtaining their approval of the proposition at a referendum held at the general election of 2026 as provided in Section 3-16002. A referendum to adopt a process by which countywide elected officials may be recalled by the electors may be called for by a resolution adopted before the general election of 2026 by the county board of Sangamon County.

(b) As used in this Division, "countywide elected official" means a county officer who holds an elective office under Article 3 of this Code, but it does not include an officer who is elected by electors outside of Sangamon County.

(55 ILCS 5/3-16002 new)

Sec. 3-16002. Referendum on resolution of county board.

(a) If the county board of Sangamon County adopts a resolution calling for a referendum at the general election of 2026 on the proposal to adopt a process by which countywide elected officials of Sangamon County may be recalled by the electors of Sangamon County, within the time provided in the general election law, the county clerk and county board of Sangamon County shall provide for the submission of the proposition to the electors of Sangamon County in accordance with this Section at the general election of 2026.

(b) The referendum shall be conducted in such a manner as is prescribed in the general election law.

The proposition shall be in substantially the following form: -------------------------------------------------------------

Shall Sangamon County adopt a process by which countywide elected YES officials may be recalled ----------------------------------- by the electors of the county NO as provided for by Section 3-16003 of the Counties Code? -------------------------------------------------------------

(55 ILCS 5/3-16003 new)

Sec. 3-16003. Recall of countywide elected officials.

(a) If the referendum described in Section 3-16002 is approved by a majority of the voters voting on the proposition, then the recall of countywide elected officials of Sangamon County may thereafter be proposed by a petition signed by a number of electors equal in number to at least 15% of the total votes cast for Governor in that county in the preceding gubernatorial election. A petition under this Section shall have been signed by the petitioning electors not more than 150 days after an affidavit has been filed with the State Board of Elections providing notice of intent to circulate a petition to recall the countywide elected official. The affidavit may be filed no sooner than 6 months after the beginning of the countywide elected official's term of office and may not be filed in the last 6 months of the countywide elected official's term of office.

(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 State Board of Elections shall certify the petition not more than 50 days after the date the petition was filed, and the question "Shall (name) be recalled from the office of (name of office)?" must be submitted to the electors of Sangamon County at a special election called by the State Board of Elections, to occur not more than 100 days after certification of the petition. A recall petition certified by the State Board of Elections under this Section may not be withdrawn and another recall petition under this Section may not be initiated against the countywide elected official during the remainder of the official's current term of office. Any recall petition or recall election pending on the date of the next general election at which a candidate for the same countywide office is elected is moot.

(c) The countywide elected official is immediately removed upon certification of the recall election results if a majority of the electors voting on the question vote to recall the countywide elected official. If the countywide elected official is removed, the vacancy shall be filled as provided in the Election Code or this Code.

(55 ILCS 5/3-16004 new)

Sec. 3-16004. Repealer. This Division is repealed on January 1, 2027.

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