Illinois General Assembly - Full Text of HB4794
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Full Text of HB4794  101st General Assembly

HB4794 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4794

 

Introduced 2/18/2020, by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Chicago Official Recall Act (referred to as the Laquan McDonald Law). Establishes procedures for an election to recall the Mayor of Chicago, an alderman of the City of Chicago, and the Cook County State's Attorney. Effective immediately.


LRB101 20582 AWJ 70208 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4794LRB101 20582 AWJ 70208 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title; references to Act.
5    (a) Short title. This Act may be cited as the Chicago
6Official Recall Act.
7    (b) References to Act. This Act may be referred to as the
8Laquan McDonald Law.
 
9    Section 5. Conflict with other laws. If this Act conflicts
10with any other provisions of law, this Act controls.
 
11    Section 10. Definitions. As used in this Act:
12    "Alderman" means an alderman of the City of Chicago.
13    "Board of election commissioners" means the Board of
14Election Commissioners for the City of Chicago.
15    "Mayor" means the Mayor of Chicago.
16    "Proponent" means a voter who initiates a recall petition
17and has control over circulating and obtaining signatures for
18the recall petition.
 
19    Section 15. Mayor of Chicago recall election.
20    (a) The recall of the Mayor of Chicago may be proposed by a
21petition signed by 25,000 electors. A petition shall have been

 

 

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1signed by the petitioning electors not more than 45 days after
2an affidavit has been filed with the board of election
3commissioners providing notice of intent to circulate a
4petition to recall the Mayor. The affidavit may be filed no
5sooner than 6 months after the beginning of the Mayor's term of
6office. The affidavit shall have been signed by the proponent
7of the recall petition and at least 2 aldermen. All proponents
8of a recall petition must be registered voters who, based on
9their residence, are qualified to vote for the office of Mayor.
10    (b) The form of the petition, circulation, and procedure
11for determining the validity and sufficiency of a petition
12shall be as provided by law. If the petition is valid and
13sufficient, the board of election commissioners shall certify
14the petition not more than 7 days after the date the petition
15was filed, and the question "Shall (name) be recalled from the
16office of Mayor?" must be submitted to the electors at a
17special recall election called by the board of election
18commissioners, to occur not more than 60 days after
19certification of the petition. A recall petition certified by
20the board of election commissioners may not be withdrawn and
21another recall petition may not be initiated against the Mayor
22within the 6 months after a recall election failed to remove
23the Mayor or if the Mayor has less than 6 months remaining in
24his or her term. Any recall petition or recall election pending
25on the date of the next election at which a candidate for Mayor
26is elected is void.

 

 

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1    (c) If a petition to recall the Mayor has been filed with
2the board of election commissioners, a person eligible to serve
3as Mayor may propose his or her candidacy for the special
4successor primary election by a petition with signatures signed
5not more than 45 days after a recall petition has been filed
6with the board of election commissioners. All petitions, and
7procedure with respect thereto, shall conform in other respects
8to the provisions of the election and ballot laws then in force
9in the City of Chicago concerning the nomination of independent
10candidates for public office by petition. If the successor
11election petition is valid and sufficient, the board of
12election commissioners shall certify the petition not more than
1360 days after the date the petition to recall the Mayor was
14filed. The special recall election shall occur no less than 21
15days and no more than 45 days after certification of a
16petition.
17    The special recall election ballot shall contain 2 parts:
18(1) the question of whether the Mayor should be recalled; and
19(2) the election of the successor to the Mayor if the Mayor is
20recalled. The names of the candidates whose petitions have been
21certified under this subsection shall appear on the ballot. If
22the electors do not recall the Mayor, no successor is elected
23under item (2).
24    (d) The Mayor is immediately removed upon certification of
25the special recall election results if a majority of the
26electors voting on the question vote to recall the Mayor. If

 

 

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1the electors approve the recall of the Mayor, the candidate
2receiving the highest number of votes in the special recall
3election shall be declared elected Mayor; except if no
4candidate received at least one elector more than 50% of the
5electors, then the names of the 2 candidates receiving the
6highest number of votes shall appear on the ballot at a special
7runoff election with the candidate getting the most votes being
8declared Mayor.
 
9    Section 20. Chicago Alderman recall election.
10    (a) The recall of any alderman of the City of Chicago may
11be proposed by a petition signed by 5,000 electors. A petition
12shall have been signed by the petitioning electors not more
13than 45 days after an affidavit has been filed with the board
14of election commissioners providing notice of intent to
15circulate a petition to recall the alderman. The affidavit may
16be filed no sooner than 6 months after the beginning of the
17alderman's term of office. All proponents of a recall petition
18must be registered voters who, based on their residence, are
19qualified to vote for the alderman against which the recall
20petition is filed.
21    (b) The form of the petition, circulation, and procedure
22for determining the validity and sufficiency of a petition
23shall be as provided by law. If the petition is valid and
24sufficient, the board of election commissioners shall certify
25the petition not more than 7 days after the date the petition

 

 

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1was filed, and the question "Shall (name) be recalled from the
2office of Alderman for the (ward number) Ward?" must be
3submitted to the electors at a special recall election called
4by the board of election commissioners, to occur not more than
560 days after certification of the petition. A recall petition
6certified by the board of election commissioners may not be
7withdrawn and another recall petition may not be initiated
8against the alderman within the 6 months after a recall
9election failed to remove the alderman or if the alderman has
10less than 6 months remaining in his or her term. Any recall
11petition or recall election pending on the date of the next
12election at which a candidate for alderman is elected is void.
13    (c) If a petition to recall the alderman has been filed
14with the board of election commissioners, a person eligible to
15serve as alderman may propose his or her candidacy for the
16special successor primary election by a petition with
17signatures signed not more than 45 days after a recall petition
18has been filed with the board of election commissioners. All
19petitions, and procedure with respect thereto, shall conform in
20other respects to the provisions of the election and ballot
21laws then in force in the City of Chicago concerning the
22nomination of independent candidates for public office by
23petition. If the successor election petition is valid and
24sufficient, the board of election commissioners shall certify
25the petition not more than 60 days after the date the petition
26to recall the alderman was filed. The special recall election

 

 

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1shall occur no less than 21 days and no more than 45 days after
2certification of a petition.
3    The special recall election ballot shall contain 2 parts:
4(1) the question of whether the alderman should be recalled;
5and (2) the election of the successor to the alderman if the
6alderman is recalled. The names of the candidates whose
7petitions have been certified under this subsection shall
8appear on the ballot.
9    (d) The alderman is immediately removed upon certification
10of the special recall election results if a majority of the
11electors voting on the question vote to recall the alderman. If
12the electors approve the recall of the alderman, the candidate
13receiving the highest number of votes in the special recall
14election shall be declared elected alderman; except if no
15candidate received at least one elector more than 50% of the
16electors, then the names of the 2 candidates receiving the
17highest number of votes shall appear on the ballot at a special
18runoff election with the candidate getting the most votes being
19declared alderman.
 
20    Section 25. Cook County State's Attorney recall election.
21    (a) The recall of the Cook County State's Attorney may be
22proposed by a petition signed by 50,000 electors. A petition
23shall have been signed by the petitioning electors not more
24than 45 days after an affidavit has been filed with the Cook
25County Clerk providing notice of intent to circulate a petition

 

 

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1to recall the Cook County State's Attorney. The affidavit may
2be filed no sooner than 6 months after the beginning of the
3Cook County State's Attorney's term of office. All proponents
4of a recall petition must be registered voters who, based on
5their residence, are qualified to vote for the office of Cook
6County State's Attorney.
7    (b) The form of the petition, circulation, and procedure
8for determining the validity and sufficiency of a petition
9shall be as provided by law. If the petition is valid and
10sufficient, the Cook County Clerk shall certify the petition
11not more than 7 days after the date the petition was filed, and
12the question "Shall (name) be recalled from the office of Cook
13County State's Attorney?" must be submitted to the electors at
14a special recall election called by the Cook County Clerk, to
15occur not more than 60 days after certification of the
16petition. A recall petition certified by the Cook County Clerk
17may not be withdrawn and another recall petition may not be
18initiated against the Cook County State's Attorney within the 6
19months after a recall election failed to remove the Cook County
20State's Attorney or if the Cook County State's Attorney has
21less than 6 months remaining in his or her term. Any recall
22petition or recall election pending on the date of the next
23election at which a candidate for Cook County State's Attorney
24is elected is void.
25    (c) If a petition to recall the Cook County State's
26Attorney has been filed with the Cook County Clerk, a person

 

 

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1eligible to serve as Cook County State's Attorney may propose
2his or her candidacy for the special successor primary election
3by a petition with signatures signed not more than 45 days
4after a recall petition has been filed with the Cook County
5Clerk. All petitions, and procedure with respect thereto, shall
6conform in other respects to the provisions of the election and
7ballot laws then in force in Cook County concerning the
8nomination of independent candidates for public office by
9petition. If the successor election petition is valid and
10sufficient, the Cook County Clerk shall certify the petition
11not more than 60 days after the date the petition to recall the
12Cook County State's Attorney was filed. The special recall
13election shall occur no less than 21 days and no more than 45
14days after certification of a petition.
15    The special recall election ballot shall contain 2 parts:
16(1) the question of whether the State's Attorney should be
17recalled; and (2) the election of the successor to the State's
18Attorney if the State's Attorney is recalled. The names of the
19candidates whose petitions have been certified under this
20subsection shall appear on the ballot.
21    (d) The Cook County State's Attorney is immediately removed
22upon certification of the special recall election results if a
23majority of the electors voting on the question vote to recall
24the Cook County State's Attorney. If the electors approve the
25recall of the Cook County State's Attorney, the candidate
26receiving the highest number of votes in the special recall

 

 

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1election shall be declared elected State's Attorney; except if
2no candidate received at least one elector more than 50% of the
3electors, then the names of the 2 candidates receiving the
4highest number of votes shall appear on the ballot at a special
5runoff election with the candidate getting the most votes being
6declared Cook County State's Attorney.
 
7    Section 30. Petitions.
8    (a) The following must be included in any recall petition
9submitted under this Act:
10        (1) The name and title of the officer to be recalled
11    under the petition.
12        (2) A statement, not exceeding 200 words in length, of
13    the reasons for the proposed recall.
14        (3) The printed name, signature, and residential
15    address of each of the proponents of the recall.
16    (b) Within 7 days of the filing of a notice of intent to
17recall the officer, the officer against whom a recall petition
18is being attempted can officially file an answer, not exceeding
19200 words in length, to the proponents and a statement of
20defense against the recall attempt.
21    (c) Proponents shall, if possible, publish a notice of
22intent to circulate a recall petition in an English language
23newspaper of general circulation in the relevant jurisdiction.
24If no newspaper operates in the jurisdiction of the officer to
25be recalled, proponents must post the notice of intent in at

 

 

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1least 3 public places.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.