Illinois General Assembly - Full Text of HB5712
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Full Text of HB5712  102nd General Assembly

HB5712 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5712

 

Introduced 3/1/2022, by Rep. Tim Butler

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Cook County State's Attorney Recall Act. Establishes a procedure for an election to recall the Cook County State's Attorney. Effective immediately.


LRB102 21438 HLH 30554 b

 

 

A BILL FOR

 

HB5712LRB102 21438 HLH 30554 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. This Act may be cited as the Cook
5County State's Attorney Recall Act.
 
6    Section 5. Applicability. In the event this Act conflicts
7with any other provisions of law, this Act shall control
8notwithstanding those other provisions of law.
 
9    Section 10. Recall election - Cook County State's
10Attorney.
11    (a) The recall of the Cook County State's Attorney may be
12proposed by a petition signed by a number of electors equal in
13number to at least 5% of the total votes cast for Cook County
14State's Attorney in the preceding election. A petition shall
15have been signed by the petitioning electors not more than 150
16days after an affidavit has been filed with the Cook County
17Clerk providing notice of intent to circulate a petition to
18recall the Cook County State's Attorney. The affidavit may be
19filed no sooner than 6 months after the beginning of the Cook
20County State's Attorney's term of office. All proponents of a
21recall petition must be registered voters who, based on their
22residence, are qualified to vote for the office of Cook County

 

 

HB5712- 2 -LRB102 21438 HLH 30554 b

1State's Attorney.
2    (b) The form of the petition, circulation, and procedure
3for determining the validity and sufficiency of a petition
4shall be as provided by law. If the petition is valid and
5sufficient, the Cook County Clerk shall certify the petition
6not more than 7 days after the date the petition was filed, and
7the question "Shall (name) be recalled from the office of Cook
8County State's Attorney?" must be submitted to the electors at
9a special recall election called by the Cook County Clerk, to
10occur not more than 60 days after certification of the
11petition. A recall petition certified by the Cook County Clerk
12may not be withdrawn and another recall petition may not be
13initiated against the Cook County State's Attorney within the
146 months after a recall election failed to remove the Cook
15County State's Attorney or if the Cook County State's Attorney
16has less than 6 months remaining in his or her term. Any recall
17petition or recall election pending on the date of the next
18election at which a candidate for Cook County State's Attorney
19is elected is void.
20    (c) If a petition to recall the Cook County State's
21Attorney has been filed with the Cook County Clerk, a person
22eligible to serve as Cook County State's Attorney may propose
23his or her candidacy for the special successor primary
24election by a petition signed by at least 20,000 legal voters
25of Cook County, signed not more than 50 days after a recall
26petition has been filed with the Cook County Clerk. All

 

 

HB5712- 3 -LRB102 21438 HLH 30554 b

1petitions, and procedure with respect thereto, shall conform
2in other respects to the provisions of the election and ballot
3laws then in force in Cook County concerning the nomination of
4independent candidates for public office by petition. If the
5successor election petition is valid and sufficient, the Cook
6County Clerk shall certify the petition not more than 60 days
7after the date the petition to recall the Cook County State's
8Attorney was filed.
9    If the Cook County State's Attorney is removed by the
10special recall election, the names of candidates for Cook
11County State's Attorney must be submitted to the electors at a
12special successor primary election called by the Cook County
13Clerk to be held 60 days after the special recall election. If
14no candidate receives a majority of the votes in the special
15successor primary election, a special runoff election shall be
16held no later than 60 days after the special successor primary
17election, and only the names of the candidates receiving the
18highest and second highest number of votes at the special
19successor primary election shall appear on the ballot. If more
20than one candidate received the highest or second highest
21number of votes at the special successor primary election, the
22names of all candidates receiving the highest and second
23highest number of votes shall appear on the ballot at the
24special runoff election. The candidate receiving the highest
25number of votes at the special runoff election shall be
26declared elected.

 

 

HB5712- 4 -LRB102 21438 HLH 30554 b

1    (d) The Cook County State's Attorney is immediately
2removed upon certification of the special recall election
3results if a majority of the electors voting on the question
4vote to recall the Cook County State's Attorney. If the Cook
5County State's Attorney is removed, then (i) a special
6successor primary election or special runoff election shall be
7held to determine the next Cook County State's Attorney and
8(ii) if no candidates are presented to the Cook County Clerk
9within the times required by subsection (c) of this Section,
10then a replacement Cook County State's Attorney shall be
11appointed as provided by law in the event of a vacancy in the
12office.
 
13    Section 15. Petitions.
14    (a) The following must be included in any recall petition
15submitted under this Act:
16        (1) The name and title of the officer to be recalled
17    under the petition.
18        (2) A statement, not exceeding 200 words in length, of
19    the reasons for the proposed recall.
20        (3) The printed name, signature, and residential
21    address of each of the proponents of the recall.
22    (b) Within 7 days of the filing of a notice of intent to
23recall the officer, the officer against whom a recall petition
24is being attempted can officially file an answer, not
25exceeding 200 words in length, to the proponents and a

 

 

HB5712- 5 -LRB102 21438 HLH 30554 b

1statement of defense against the recall attempt.
2    (c) Proponents shall, if possible, publish a notice of
3intent to circulate a recall petition in an English language
4newspaper of general circulation in the relevant jurisdiction.
5If no newspaper operates in the jurisdiction of the officer to
6be recalled, proponents must post the notice of intent in at
7least 3 public places.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.