HB5924 103RD GENERAL ASSEMBLY

LRB103 43654 RTM 77002 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5924

Introduced 1/4/2025, by Rep. Dan Ugaste, David Friess, Jeff Keicher, Jennifer Sanalitro, Brandun Schweizer, et al.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Government Elected Official Recall Act. Provides that local officeholders who were elected during a general or consolidated election may be recalled under the Act. Establishes petition requirements for recall elections. Limits home rule powers.

A BILL FOR

AN ACT concerning elections.

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

Section 1. Short title. This Act may be cited as the Local Government Elected Official Recall Act.

Section 5. Local government recall elections.

(a) Notwithstanding any other provision of law, local officeholders who were elected during a general or consolidated election may be recalled under this Act.

(b) The recall of a local government official may be proposed by a petition signed by a number of electors equal to a percentage of the total votes cast for Governor in the preceding gubernatorial election as determined by the population of the unit of local government that the local government official represents: for a jurisdiction of not more than 1,000 qualified electors, 30%; for a jurisdiction of more than 1,000 qualified electors but not more than 10,000 qualified electors, 25%; for a jurisdiction of more than 10,000 qualified electors but not more than 50,000 qualified electors, 20%; for a jurisdiction of more than 50,000 qualified electors but not more than 100,000 qualified electors, 15%; for a jurisdiction of more than 100,000 qualified electors, 10%. A petition shall have been signed by the petitioning electors not more than 90 days after an affidavit has been filed with the State Board of Elections providing notice of intent to circulate a petition to recall the local government official. The petition shall include the signature of the petitioning elector and a general statement of not more than 200 words enumerating the individual whose recall is sought and providing the grounds for which recall is sought. The affidavit may be filed no sooner than 6 months after the beginning of the local government official's term of office. If the State Board of Elections determines the petition is valid, the local government official whose recall is sought may file a response of not more than 200 words with the State Board of Elections. The petitioning elector's general statement and the local government official's response shall appear on the recall ballot.

(c) The local government officials who serve on a public body must be recalled individually.

(d) The form of the affidavit, petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided in this Act. If the petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition was filed, and the following question must be submitted to the electors at the next general election or consolidated election after certification of the petition:

"Should (elected official) be recalled from (his or her) positions as (title of position)? (YES/NO)

If (elected official) is recalled, who do you support to replace (him or her)?

(Elected official).

(Candidate).

(Candidate)."

(e) The local government official is immediately removed upon certification of the recall election results if a three-fifths majority of the electors voting on the question vote to recall the local government official.

(f) Replacement candidates wishing to be listed on the recall ballot shall be certified under the same procedures as if the candidate was running for the applicable office in a standard election, except the petition circulation and filing of petitions shall only be between the time the intent to recall is filed and 90 days before the election. Candidates running to replace the recalled officeholder shall state clearly on the candidate's petitions which officeholder they are seeking to replace.

(g) There shall be no primary or runoff election after a recall election. The top vote-getter or vote-getters in the recall election shall replace the elected official or officials who were recalled.

(h) The procedure to be certified to run in the recall election shall be the same as the procedure for being nominated and certified in the standard election for the office to be filled. Challenges to recall petitions shall follow the same procedures as challenges to petitions under the Election Code.

(i) If multiple officeholders from the same public office or district are being recalled, each recall question must be asked separately. All candidates running as replacements for that office and the current officeholder shall be on the ballot beneath the recall question.

(j) If the local government official is removed from a unit of government over 1,000,000 persons, the vacancy shall be filled as provided by law.

(k) A local government official recalled under this Section is ineligible to serve in public office (or specified non-elected office) for 10 years following certification of the recall election.

(l) The procedure and manner of recalling a local government official shall be in addition to and not excluding any other method of removing an elected official as provided by law.

Section 10. Home rule. A home rule unit may not regulate the recall of local officeholders who were elected during a general or consolidated election in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.