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: |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Cook | 5 | | County State's Attorney Recall Act. | 6 | | Section 5. Applicability. In the event this Act conflicts | 7 | | with any other provisions of law, this Act shall control | 8 | | notwithstanding those other provisions of law. | 9 | | Section 10. Recall election - Cook County State's | 10 | | Attorney. | 11 | | (a) The recall of the Cook County State's Attorney may be | 12 | | proposed by a petition signed by a number of electors equal in | 13 | | number to at least 5% of the total votes cast for Cook County | 14 | | State's Attorney in the preceding election. A petition shall | 15 | | have been signed by the petitioning electors not more than 150 | 16 | | days after an affidavit has been filed with the Cook County | 17 | | Clerk providing notice of intent to circulate a petition to | 18 | | recall the Cook County State's Attorney. The affidavit may be | 19 | | filed no sooner than 6 months after the beginning of the Cook | 20 | | County State's Attorney's term of office. All proponents of a | 21 | | recall petition must be registered voters who, based on their | 22 | | residence, are qualified to vote for the office of Cook County |
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| 1 | | State's Attorney. | 2 | | (b) The form of the petition, circulation, and procedure | 3 | | for determining the validity and sufficiency of a petition | 4 | | shall be as provided by law. If the petition is valid and | 5 | | sufficient, the Cook County Clerk shall certify the petition | 6 | | not more than 7 days after the date the petition was filed, and | 7 | | the question "Shall (name) be recalled from the office of Cook | 8 | | County State's Attorney?" must be submitted to the electors at | 9 | | a special recall election called by the Cook County Clerk, to | 10 | | occur not more than 60 days after certification of the | 11 | | petition. A recall petition certified by the Cook County Clerk | 12 | | may not be withdrawn and another recall petition may not be | 13 | | initiated against the Cook County State's Attorney within the | 14 | | 6 months after a recall election failed to remove the Cook | 15 | | County State's Attorney or if the Cook County State's Attorney | 16 | | has less than 6 months remaining in his or her term. Any recall | 17 | | petition or recall election pending on the date of the next | 18 | | election at which a candidate for Cook County State's Attorney | 19 | | is elected is void. | 20 | | (c) If a petition to recall the Cook County State's | 21 | | Attorney has been filed with the Cook County Clerk, a person | 22 | | eligible to serve as Cook County State's Attorney may propose | 23 | | his or her candidacy for the special successor primary | 24 | | election by a petition signed by at least 20,000 legal voters | 25 | | of Cook County, signed not more than 50 days after a recall | 26 | | petition has been filed with the Cook County Clerk. All |
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| 1 | | petitions, and procedure with respect thereto, shall conform | 2 | | in other respects to the provisions of the election and ballot | 3 | | laws then in force in Cook County concerning the nomination of | 4 | | independent candidates for public office by petition. If the | 5 | | successor election petition is valid and sufficient, the Cook | 6 | | County Clerk shall certify the petition not more than 60 days | 7 | | after the date the petition to recall the Cook County State's | 8 | | Attorney was filed. | 9 | | If the Cook County State's Attorney is removed by the | 10 | | special recall election, the names of candidates for Cook | 11 | | County State's Attorney must be submitted to the electors at a | 12 | | special successor primary election called by the Cook County | 13 | | Clerk to be held 60 days after the special recall election. If | 14 | | no candidate receives a majority of the votes in the special | 15 | | successor primary election, a special runoff election shall be | 16 | | held no later than 60 days after the special successor primary | 17 | | election, and only the names of the candidates receiving the | 18 | | highest and second highest number of votes at the special | 19 | | successor primary election shall appear on the ballot. If more | 20 | | than one candidate received the highest or second highest | 21 | | number of votes at the special successor primary election, the | 22 | | names of all candidates receiving the highest and second | 23 | | highest number of votes shall appear on the ballot at the | 24 | | special runoff election. The candidate receiving the highest | 25 | | number of votes at the special runoff election shall be | 26 | | declared elected. |
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| 1 | | (d) The Cook County State's Attorney is immediately | 2 | | removed upon certification of the special recall election | 3 | | results if a majority of the electors voting on the question | 4 | | vote to recall the Cook County State's Attorney. If the Cook | 5 | | County State's Attorney is removed, then (i) a special | 6 | | successor primary election or special runoff election shall be | 7 | | held to determine the next Cook County State's Attorney and | 8 | | (ii) if no candidates are presented to the Cook County Clerk | 9 | | within the times required by subsection (c) of this Section, | 10 | | then a replacement Cook County State's Attorney shall be | 11 | | appointed as provided by law in the event of a vacancy in the | 12 | | office. | 13 | | Section 15. Petitions. | 14 | | (a) The following must be included in any recall petition | 15 | | submitted 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 | 23 | | recall the officer, the officer against whom a recall petition | 24 | | is being attempted can officially file an answer, not | 25 | | exceeding 200 words in length, to the proponents and a |
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| 1 | | statement of defense against the recall attempt. | 2 | | (c) Proponents shall, if possible, publish a notice of | 3 | | intent to circulate a recall petition in an English language | 4 | | newspaper of general circulation in the relevant jurisdiction. | 5 | | If no newspaper operates in the jurisdiction of the officer to | 6 | | be recalled, proponents must post the notice of intent in at | 7 | | least 3 public places.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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