Illinois General Assembly - Full Text of HB1943
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Full Text of HB1943  95th General Assembly

HB1943 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1943

 

Introduced 2/23/2007, by Rep. Paul D. Froehlich - Mike Boland

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-1   from Ch. 46, par. 2A-1
10 ILCS 5/Art. 25.5 heading new
10 ILCS 5/25.5-5 new
10 ILCS 5/25.5-10 new
10 ILCS 5/25.5-15 new
10 ILCS 5/25.5-20 new
10 ILCS 5/25.5-25 new
10 ILCS 5/25.5-30 new
10 ILCS 5/25.5-35 new
10 ILCS 5/25.5-40 new

    Amends the Election Code to provide for the recall of local elected officials. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing Section
5 2A-1 and adding Article 25.5 as follows:
 
6     (10 ILCS 5/2A-1)  (from Ch. 46, par. 2A-1)
7     (Text of Section WITHOUT the changes made by P.A. 89-719,
8 which has been held unconstitutional)
9     Sec. 2A-1. All Elections - Governed by this Code -
10 Construction of Article 2A.
11     (a) No public question may be submitted to any voters in
12 this State, nor may any person be nominated for public office
13 or elected to public or political party office or removed from
14 office in a recall election in this State except pursuant to
15 this Code, notwithstanding the provisions of any other statute
16 or municipal charter. However, this Code shall not apply to
17 elections for officers or public questions of local school
18 councils established pursuant to Chapter 34 of the School Code,
19 soil and water conservation districts or drainage districts,
20 except as specifically made applicable by another statute.
21     (b) All elections in this State shall be held in accordance
22 with the consolidated schedule of elections established in
23 Sections 2A-1.1 and 2A-1.2. No election may be held on any date

 

 

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1 other than a date on which an election is scheduled under
2 Section 2A-1.1, except special elections to fill congressional
3 vacancies held pursuant to writs of election issued by the
4 Governor, township referenda and votes of the town electors
5 held at the annual town meeting, emergency referenda approved
6 pursuant to Section 2A-1.4, special elections held between
7 January 1, 1995 and July 1, 1995 under Section 34-53 of the
8 School Code, and city, village or incorporated town primary
9 elections in even-numbered years expressly authorized in this
10 Article to provide for annual partisan elections.
11     (c) At the respective elections established in Section
12 2A-1.1, candidates shall be elected to office, nominated for
13 election thereto or placed on the ballot as otherwise required
14 by this Code, and public questions may be submitted, as
15 specified in Section 2A-1.2.
16     (d) If the requirements of Section 2A-1.2 conflict with any
17 specific provision of Sections 2A-2 through 2A-54, as applied
18 to any office or election, the requirements of Section 2A-1.2
19 prevail, and shall be enforced by the State Board of Elections.
20     (e) In the event any court of competent jurisdiction
21 declares an election void, the court may order another election
22 without regard to the schedule of elections set forth in this
23 Article.
24 (Source: P.A. 88-511.)
 
25     (10 ILCS 5/Art. 25.5 heading new)

 

 

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1
ARTICLE 25.5. RECALL OF LOCAL ELECTED OFFICIALS

 
2     (10 ILCS 5/25.5-5 new)
3     Sec. 25.5-5. Definitions. For the purposes of this
4 Article:
5     "Appropriate election official" means the State Board of
6 Elections in the case of recall of an official elected from a
7 district that comprises more than one county, or is partly in
8 one county and partly in another county or counties; the county
9 clerk in the case of recall of an official elected to a county
10 office or trustee of a sanitary district; or the local election
11 official in the case of recall of an official elected to a
12 municipal or township office, other than a municipal or
13 township office where the municipality's or township's
14 boundaries are co-extensive with or are entirely within the
15 jurisdiction of a municipal board of election commissioners, in
16 which case the "appropriate election official" means the
17 municipal board of election commissioners.
18     "Local elected official" means any official elected to an
19 office of a unit of local government or school district.
 
20     (10 ILCS 5/25.5-10 new)
21     Sec. 25.5-10. Removal of local elected official. Every
22 incumbent local elected official who has been elected to an
23 office that has a term of more than 2 years is subject to
24 removal by the electors qualified to vote for that official.

 

 

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1 The procedure to effect the removal of an incumbent of that
2 office shall be as prescribed in this Article.
 
3     (10 ILCS 5/25.5-15 new)
4     Sec. 25.5-15. Petition; form. A petition, signed by at
5 least 20% of the registered voters of the unit of local
6 government or school district who are entitled to vote for the
7 local elected official whose removal is sought, shall be filed
8 with the appropriate election official at least 61 days before
9 the next regularly scheduled election under this Code and shall
10 be certified within one day after receipt of the petition. The
11 petition shall demand an election on the question of whether
12 the named incumbent elected official shall be removed from
13 office, the election to be held at the next regularly scheduled
14 election, and shall contain a general statement of not more
15 than 200 words of a reason or reasons for the recall that are
16 related to the official responsibilities of the official whose
17 removal is sought.
18     The petition shall be substantially in the following form:
19     To the appropriate election official of (unit or district):
20     We, the undersigned electors of (unit or district),
21 entitled to vote for (name of person) demand an election on the
22 question of removal from office of (name of person) for the
23 following reasons: (Here state reasons in not more than 200
24 words).
 

 

 

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1     Name     House Number    Street    Date of
2                 if any                 Signing
3
4     ....    ............    .......    ......
5 State of Illinois,   )  
6                     )  SS.
7 County of (name)     )
8     I, (name of person), certify that I am a registered voter,
9 that I reside at (address), in the county of (name) and State
10 of Illinois, and that the signatures on this sheet were signed
11 in my presence, and are genuine, and that to the best of my
12 knowledge and belief, the persons so signing were at the time
13 of signing the petitions qualified voters, entitled to vote for
14 the office of (name of office), and that their respective
15 residences are correctly stated, as above set forth.
16
...........................
17     Subscribed and sworn to before me this ......... day of
18 ........., 20 ...
19
...........................
20
(Official title)
   
21 (Seal, if officer has one)
 
22     (10 ILCS 5/25.5-20 new)
23     Sec. 25.5-20. Petition; requirements. The petition shall
24 consist of sheets having the form specified in Section 25.5-15
25 and shall be signed by qualified electors of the unit of local

 

 

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1 government or school district entitled to vote for the office
2 held by the official whose removal is sought, and opposite the
3 signature of each signer, his or her residence address shall be
4 written or printed. The residence address required to be
5 written or printed opposite each qualified elector's name shall
6 include the street address or rural route number of the signer,
7 as the case may be, as well as the signer's city, village, or
8 town. The county or city, village, or town, and state of
9 residence of the electors, however, may be printed on the
10 petition forms when all of the electors signing the petition
11 reside in the same county or city, village, or town, and state.
12 Standard abbreviations may be used in writing the residence
13 address, including street number, if any.
14     A signature shall not be valid unless the requirements of
15 this Section are complied with and unless the date of signing
16 is less than 120 days preceding the date of filing the
17 petition.
18     At the bottom of each sheet shall be added the affidavit in
19 the form specified in Section 25.5-15 signed by a qualified
20 voter of the unit of local government or school district
21 entitled to vote for removal of the elected official in which
22 the signers of the sheet reside; certifying that the signatures
23 on that sheet of the petition were signed in his or her
24 presence; and either (1) indicating the dates on which that
25 sheet was circulated, (2) indicating the first and last dates
26 on which that sheet was circulated, or (3) certifying that none

 

 

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1 of the signatures on the sheet were signed more than 120 days
2 preceding the last day for the filing of the petition;
3 certifying that the signatures on the sheet are genuine; and
4 certifying that to the best of his or her knowledge and belief
5 the persons so signing were at the time of signing the
6 petitions qualified voters of the unit of local government or
7 school district entitled to vote for the office held by the
8 official whose removal is being sought. This affidavit shall be
9 sworn to before an officer who is qualified to administer
10 oaths.
11     The petition, so verified, or a copy of the petition duly
12 certified by the proper persons, shall be prima facie evidence
13 that the signatures, statement of residence, and dates upon the
14 petition are genuine and true and that the persons signing the
15 petition are electors qualified to vote for the office subject
16 to removal under this Article.
17     The person circulating the petition, or the candidate on
18 whose behalf the petition is circulated, may strike any
19 signature from the petition, if:
20         (i) the person striking the signature initials the
21     petition at the place where the signature is struck; and
22         (ii) the person striking the signature signs a
23     certification listing the page number and line number of
24     each signature struck from the petition.
25     The certification shall be filed as a part of the petition.
26     The sheets, before being filed, shall be neatly fastened

 

 

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1 together in book form by placing the sheets in a pile and
2 fastening them together at one edge in a secure and suitable
3 manner, and the sheets shall then be numbered consecutively.
4 The sheets shall not be fastened by pasting them together end
5 to end, so as to form a continuous strip or roll. All petition
6 sheets that are filed with the proper local election officials,
7 election authorities, or the State Board of Elections shall be
8 the original sheets that have been signed by the voters and by
9 the circulator of the sheet, and not photocopies or duplicates
10 of those sheets.
11     The petitions, when filed, may not be withdrawn or added
12 to, and no signature shall be revoked except by revocation
13 filed in writing with the State Board of Elections, election
14 authority, or local election official with whom the petition is
15 required to be filed before the filing of the petition. Whoever
16 forges the name of a signer upon any petition required by this
17 Article is deemed guilty of a forgery and on conviction shall
18 be punished accordingly.
 
19     (10 ILCS 5/25.5-25 new)
20     Sec. 25.5-25. Objections to petitions. The provisions of
21 Sections 10-8 through 10-10.1 of the Election Code relating to
22 objections to nominating petitions, hearing on objections, and
23 judicial review, shall apply to and govern, insofar as may be
24 practical, objections to petitions for the submission of
25 questions of recall under this Article.

 

 

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1     The electoral board to hear and pass on objections shall be
2 the electoral board specified in Section 10-9 to have
3 jurisdiction over objections to the nominating petitions of
4 candidates for offices in which the question of recall is
5 proposed to be submitted to the electors.
 
6     (10 ILCS 5/25.5-30 new)
7     Sec. 25.5-30. Election on the question. If no objections
8 to a petition are filed within 5 business days after the
9 petition is submitted to the appropriate election official, or
10 if objections are filed and the electoral board specified in
11 Section 25.5-25 rules the petition sufficient, then
12 immediately after the expiration of this 5 day period, or
13 immediately after the receipt by the appropriate election
14 official with whom the petition was originally filed, or from
15 the electoral board of the petition and the certified copy of
16 the electoral board's ruling declaring the petition
17 sufficient, as the case may be, the appropriate election
18 official with whom the petition was originally filed shall
19 submit the petition without delay to the election authority or
20 election authorities within the election jurisdiction or
21 election jurisdictions where the elected official is subject to
22 recall, and the election authority or election authorities
23 shall order the election demanded in the petition held at the
24 next regular election or municipal election 78 days after the
25 filing of the petition. This election shall be conducted,

 

 

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1 returned, and the results declared in all respects the same as
2 in other elections under the general election law.
3     If at the election on the question of removal at least a
4 majority of those voting on the question vote in favor of
5 removal, a vacancy exists in the office subject to removal. The
6 vacancy shall be filled in the manner prescribed for filling
7 vacancies in that office in other cases.
 
8     (10 ILCS 5/25.5-35 new)
9     Sec. 25.5-35. Violations. Any officer or employee who
10 violates or who wilfully or through culpable negligence fails
11 to comply with any of the provisions of this Article is guilty
12 of a Class B misdemeanor and may be removed from his or her
13 office or employment.
 
14     (10 ILCS 5/25.5-40 new)
15     Sec. 25.5-40. Prohibition against future election or
16 appointment. A person who has been removed from an elective
17 office, or who has resigned from office while removal
18 proceedings were pending against that person, shall not be
19 appointed or elected to any office within one year after the
20 removal or resignation. Not more than one election for the
21 recall of the same elected official shall be held during the
22 same term of office.
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.