Full Text of HB0097 97th General Assembly
HB0097 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0097 Introduced 1/12/2011, by Rep. Karen May 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 5/25.5-40 new | |
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Amends the Election Code to provide for the recall of local elected
officials. Effective immediately.
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| | 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 WITH 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, judicial elections to fill vacancies in the office of
| 5 | | Supreme Court Judge held pursuant to writs of election issued | 6 | | by the
Governor under subsection (a-5) of Section 2A-9, | 7 | | township referenda and votes
of the town electors
held at the | 8 | | annual town meeting, emergency referenda approved pursuant to
| 9 | | Section 2A-1.4, special elections held between January 1, 1995 | 10 | | and July 1,
1995 under Section 34-53 of the School Code, and | 11 | | city, village or
incorporated town primary elections in
| 12 | | even-numbered years expressly authorized in this Article to | 13 | | provide for
annual partisan elections.
| 14 | | (c) At the respective elections established in Section | 15 | | 2A-1.1,
candidates shall be elected to office, nominated for | 16 | | election thereto or
placed on the ballot as otherwise required | 17 | | by this Code, and public
questions may be submitted, as | 18 | | specified in Section 2A-1.2.
| 19 | | (d) If the requirements of Section 2A-1.2 conflict with any | 20 | | specific
provision of Sections 2A-2 through 2A-54, as applied | 21 | | to any office or
election, the requirements of Section 2A-1.2 | 22 | | prevail, and shall be
enforced by the State Board of Elections.
| 23 | | (e) In the event any court of competent jurisdiction | 24 | | declares an
election void, the court may order another election | 25 | | without regard to
the schedule of elections set forth in this | 26 | | Article.
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| 1 | | (Source: P.A. 89-719, eff. 3-7-97 .)
| 2 | | (Text of Section WITHOUT the changes made by P.A. 89-719, | 3 | | which has been
held unconstitutional)
| 4 | | Sec. 2A-1.
All Elections - Governed by this Code - | 5 | | Construction of
Article 2A.
| 6 | | (a) No public question may be submitted to any voters in | 7 | | this State, nor
may any person be nominated for public office | 8 | | or elected to public or
political party office or removed from | 9 | | office in a recall election in this State except pursuant to | 10 | | this Code,
notwithstanding the provisions of any other statute | 11 | | or municipal charter.
However, this Code shall not apply to | 12 | | elections for officers or public
questions of local school | 13 | | councils established pursuant to Chapter 34 of
the School Code, | 14 | | soil and water conservation districts or drainage
districts, | 15 | | except as specifically made applicable by another statute.
| 16 | | (b) All elections in this State shall be held in accordance | 17 | | with the
consolidated schedule of elections established in | 18 | | Sections 2A-1.1 and
2A-1.2. No election may be held on any date | 19 | | other than a date on which
an election is scheduled under | 20 | | Section 2A-1.1, except special elections
to fill congressional | 21 | | vacancies held pursuant to writs of election
issued by the | 22 | | Governor, township referenda and votes of the town electors
| 23 | | held at the annual town meeting, emergency referenda approved | 24 | | pursuant to
Section 2A-1.4, special elections held between | 25 | | January 1, 1995 and July 1,
1995 under Section 34-53 of the |
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| 1 | | School Code, and city, village or incorporated
town primary | 2 | | elections in even-numbered years expressly authorized in this
| 3 | | Article to provide for annual partisan elections.
| 4 | | (c) At the respective elections established in Section | 5 | | 2A-1.1,
candidates shall be elected to office, nominated for | 6 | | election thereto or
placed on the ballot as otherwise required | 7 | | by this Code, and public
questions may be submitted, as | 8 | | specified in Section 2A-1.2.
| 9 | | (d) If the requirements of Section 2A-1.2 conflict with any | 10 | | specific
provision of Sections 2A-2 through 2A-54, as applied | 11 | | to any office or
election, the requirements of Section 2A-1.2 | 12 | | prevail, and shall be
enforced by the State Board of Elections.
| 13 | | (e) In the event any court of competent jurisdiction | 14 | | declares an
election void, the court may order another election | 15 | | without regard to
the schedule of elections set forth in this | 16 | | Article.
| 17 | | (Source: P.A. 88-511.)
| 18 | | (10 ILCS 5/Art. 25.5 heading new)
| 19 | | ARTICLE 25.5. RECALL OF LOCAL ELECTED OFFICIALS | 20 | | (10 ILCS 5/25.5-5 new)
| 21 | | Sec. 25.5-5. Definitions. For the purposes of this | 22 | | Article:
| 23 | | "Appropriate election
official" means the State Board of | 24 | | Elections in the case of recall of an
official elected from a |
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| 1 | | district that comprises more than one county,
or is partly in | 2 | | one county and partly in another county or counties; the
county | 3 | | clerk in the case of recall of an official elected to a county
| 4 | | office or trustee of a sanitary district; or the local election | 5 | | official in
the case of recall of an official elected to a | 6 | | municipal or township office,
other than a municipal or | 7 | | township office where the municipality's or
township's | 8 | | boundaries are co-extensive with or are entirely within the
| 9 | | jurisdiction of a municipal board of election commissioners, in | 10 | | which case
the "appropriate election official" means the | 11 | | municipal board of election
commissioners.
| 12 | | "Local elected official" means any
official elected to an
| 13 | | office of a unit of local government. The term does not include | 14 | | an official elected to an office of a school district.
| 15 | | (10 ILCS 5/25.5-10 new)
| 16 | | Sec. 25.5-10. Removal of local elected official. Every | 17 | | incumbent
local elected official who has been elected to
an | 18 | | office that has a term of more than 2 years
is subject to | 19 | | removal
by the electors qualified to vote for that official.
| 20 | | However, a local official who has less than 18 months remaining | 21 | | in his or her term may not be recalled under this Article. The | 22 | | procedure to effect the removal of an incumbent of that office | 23 | | shall
be as prescribed in this Article.
| 24 | | (10 ILCS 5/25.5-15 new)
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| 1 | | Sec. 25.5-15. Petition; form. A petition, signed by at | 2 | | least 20% of the
registered
voters of the unit of local | 3 | | government
who are entitled
to vote for the local elected | 4 | | official whose removal is sought, shall be
filed with the | 5 | | appropriate
election official at least 61 days before the next | 6 | | regularly scheduled
election under this Code and shall be | 7 | | certified within one day after receipt
of the petition. The | 8 | | petition shall demand an election
on the question of whether | 9 | | the named incumbent elected official shall be
removed from | 10 | | office,
the election to be held at the next regularly scheduled | 11 | | election, and
shall contain a general statement of not more | 12 | | than 200 words of a reason or
reasons for the recall that are | 13 | | related to the official responsibilities of
the official whose | 14 | | removal is sought.
| 15 | | The petition shall be substantially in the following form:
| 16 | | To the appropriate election official of (unit or district):
| 17 | | We, the undersigned electors of (unit or district), | 18 | | entitled to vote
for (name of person) demand
an election on the | 19 | | question of removal from office of (name of person) for
the | 20 | | following reasons: (Here state reasons in not more than 200 | 21 | | words).
| 22 | | Name House Number Street Date of | 23 | | if any Signing
| 24 | | | 25 | | .... ............ ....... ......
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| 1 | | State of Illinois, )
| 2 | | ) SS.
| 3 | | County of (name) )
| 4 | | I, (name of person), certify that I am a registered voter, | 5 | | that I reside
at (address), in the county of (name)
and State | 6 | | of
Illinois, and that the signatures on this sheet were signed | 7 | | in my presence,
and are genuine, and that to the best of my | 8 | | knowledge and belief, the
persons so signing were at the time | 9 | | of signing the petitions qualified
voters, entitled to vote for | 10 | | the office of (name of office), and that
their respective | 11 | | residences are correctly stated, as above set forth.
| 12 | | ...........................
| 13 | | Subscribed and sworn to before me this ......... day of | 14 | | ........., 20 ...
| 15 | | ...........................
| 16 | | (Official title)
| 17 | | (Seal, if officer has one)
| 18 | | (10 ILCS 5/25.5-20 new)
| 19 | | Sec. 25.5-20. Petition; requirements. The petition shall | 20 | | consist of
sheets having the form specified
in Section 25.5-15 | 21 | | and shall be signed by qualified electors of the unit of
local | 22 | | government entitled to vote for the office held by
the official | 23 | | whose
removal is sought, and opposite the signature of each | 24 | | signer, his or her
residence
address shall be written or | 25 | | printed. The residence address required to be
written or |
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| 1 | | printed opposite each qualified elector's name shall include | 2 | | the
street address or rural route number of the signer, as the | 3 | | case may be, as
well as the signer's city, village, or town. | 4 | | The county or city,
village, or town, and state of residence of | 5 | | the electors, however, may be
printed on
the petition forms | 6 | | when all of the electors signing the petition reside in
the | 7 | | same county or city, village, or town, and state. Standard
| 8 | | abbreviations may be used in writing the residence address, | 9 | | including
street number, if any.
| 10 | | A signature shall not be valid unless the requirements of | 11 | | this Section
are complied with and unless the
date of signing | 12 | | is less than 120 days preceding the date of filing the
| 13 | | petition.
| 14 | | At the bottom of each sheet shall be added the affidavit in | 15 | | the form
specified in Section 25.5-15 signed by a qualified | 16 | | voter of the
unit of local government entitled to vote for | 17 | | removal
of the elected official in which the
signers of the | 18 | | sheet reside; certifying that the signatures on that
sheet of | 19 | | the petition were signed in his or her presence; and either (i)
| 20 | | indicating the dates on which that sheet was circulated, (ii) | 21 | | indicating
the first and last dates on which that sheet was | 22 | | circulated, or (iii)
certifying that none of the signatures on | 23 | | the sheet were signed more than
120 days preceding the last day | 24 | | for the filing of the petition;
certifying that the signatures | 25 | | on the sheet are genuine; and certifying
that to the best of | 26 | | his or her knowledge and belief the persons so signing were
at
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| 1 | | the time of signing the petitions qualified voters of the unit | 2 | | of local
government entitled to vote for the office held by the
| 3 | | official whose removal is being sought.
This affidavit shall be | 4 | | sworn to before an
officer who
is qualified to administer | 5 | | oaths.
| 6 | | The petition, so verified, or a copy of the petition duly | 7 | | certified by the
proper
persons, shall be prima facie evidence | 8 | | that the signatures, statement of
residence, and dates upon the | 9 | | petition are genuine and true and that the
persons signing the | 10 | | petition are electors qualified to vote for the office
subject
| 11 | | to removal under this Article.
| 12 | | The person circulating the petition, or the candidate on | 13 | | whose behalf the
petition is circulated, may strike any | 14 | | signature from the petition, if:
| 15 | | (i) the person striking the signature initials the | 16 | | petition at the
place where the signature is struck; and
| 17 | | (ii) the person striking the signature signs a | 18 | | certification listing
the page number and line number of | 19 | | each signature struck from the petition.
| 20 | | The certification shall be filed as a part of the petition.
| 21 | | The sheets, before being filed, shall be neatly fastened | 22 | | together in book
form by placing the sheets in a pile and | 23 | | fastening them together at one
edge in a secure and suitable | 24 | | manner, and the sheets shall then be numbered
consecutively. | 25 | | The sheets shall not be fastened by pasting them together
end | 26 | | to end, so as to form a continuous strip or roll. All petition |
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| 1 | | sheets
that are filed with the proper local election officials, | 2 | | election
authorities, or the State Board of Elections shall be | 3 | | the original sheets
that have been signed by the voters and by | 4 | | the circulator of the sheet, and not
photocopies or duplicates | 5 | | of those sheets.
| 6 | | The petitions, when filed, may not be withdrawn or added | 7 | | to, and no
signature shall be revoked except by revocation | 8 | | filed in writing with the
State Board of Elections, election | 9 | | authority, or local election official
with whom the petition is | 10 | | required to be filed before the filing of the
petition. Whoever | 11 | | forges the name of a signer upon any petition required
by this | 12 | | Article is deemed guilty of a forgery and on conviction
shall | 13 | | be punished accordingly.
| 14 | | (10 ILCS 5/25.5-25 new)
| 15 | | Sec. 25.5-25. Objections to petitions. The provisions of | 16 | | Sections
10-8 through 10-10.1 of the
Election Code relating to | 17 | | objections to nominating petitions, hearing on
objections, and | 18 | | judicial review, shall apply to and govern, insofar as may
be | 19 | | practical, objections to petitions for the submission of | 20 | | questions of
recall under this Article.
| 21 | | The electoral board to hear and pass on objections shall be | 22 | | the electoral
board specified in Section 10-9 to have | 23 | | jurisdiction over objections to the
nominating petitions of | 24 | | candidates for offices in which
the question of recall is | 25 | | proposed to be submitted to the electors.
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| 1 | | (10 ILCS 5/25.5-30 new)
| 2 | | Sec. 25.5-30. Election on the question. If no objections | 3 | | to a
petition are filed within 5 business
days after the | 4 | | petition is submitted to the appropriate election official,
or | 5 | | if objections are filed and the electoral
board specified in | 6 | | Section 25.5-25 rules the petition sufficient,
then | 7 | | immediately after the expiration of this 5-day period, or | 8 | | immediately
after the receipt by the appropriate election | 9 | | official
with whom the
petition was originally filed,
or from | 10 | | the electoral board of the petition and the certified copy of | 11 | | the electoral board's ruling declaring the petition | 12 | | sufficient, as the case
may be, the appropriate election | 13 | | official
with whom the petition was originally filed shall | 14 | | submit the petition without delay to
the election authority or | 15 | | election authorities within the election
jurisdiction or | 16 | | election jurisdictions where the elected official is
subject to | 17 | | recall, and the election authority or election authorities
| 18 | | shall order the election demanded in the petition held at the | 19 | | next regular
election or municipal election 78 days after the | 20 | | filing of the petition.
This election shall be
conducted, | 21 | | returned, and the results declared in all respects the
same as | 22 | | in other elections under the general election law.
| 23 | | If at the election on the question of removal at least a | 24 | | majority of those voting
on the question vote in favor of | 25 | | removal, a vacancy exists in the office
subject to removal.
The |
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| 1 | | vacancy shall be filled in the manner prescribed for
filling | 2 | | vacancies in that office in other cases.
| 3 | | (10 ILCS 5/25.5-40 new)
| 4 | | Sec. 25.5-40. Prohibition against future election or | 5 | | appointment. A
person who has been removed from an elective | 6 | | office,
or who has resigned from office while removal | 7 | | proceedings were pending
against that person, shall not be | 8 | | appointed or elected to the same office
within one year after | 9 | | the removal or resignation. Not more than one
election for the | 10 | | recall of the same elected official shall be held during
the | 11 | | same term of office.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law. |
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