Full Text of HB2397 102nd General Assembly
HB2397 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2397 Introduced 2/17/2021, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
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Creates the Chicago Officer Recall Act (referred to as the Laquan McDonald Law). Establishes a procedure for an election to recall the Mayor of Chicago, an alderman of the City of Chicago, and 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. | 5 | | (a) Short title. This Act may be cited as the Chicago | 6 | | Officer Recall Act. | 7 | | (b) References to Act. This Act may be referred to as the | 8 | | Laquan McDonald Law.
| 9 | | Section 5. Applicability. If this Act conflicts with any | 10 | | other provisions of law, this Act shall control | 11 | | notwithstanding those other provisions of law. | 12 | | Section 10. Definitions. As used in this Act: | 13 | | "Alderman" means an alderman of the City of Chicago. | 14 | | "Board of election commissioners" means the Board of | 15 | | Election Commissioners for the City of Chicago. | 16 | | "Mayor" means the Mayor of Chicago. | 17 | | "Proponent" means a voter who initiates a recall petition | 18 | | and has control over circulating and obtaining signatures for | 19 | | the recall petition. | 20 | | Section 15. Mayor of Chicago recall election. | 21 | | (a) The recall of the Mayor of Chicago may be proposed by a |
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| 1 | | petition signed by a number of electors equal in number to at | 2 | | least 10% of the total votes cast for Mayor in the preceding | 3 | | election. A petition shall have been signed by the petitioning | 4 | | electors not more than 150 days after an affidavit has been | 5 | | filed with the board of election commissioners providing | 6 | | notice of intent to circulate a petition to recall the Mayor. | 7 | | The affidavit may be filed no sooner than 6 months after the | 8 | | beginning of the Mayor's term of office. The affidavit shall | 9 | | have been signed by the proponent of the recall petition and at | 10 | | least 2 aldermen. All proponents of a recall petition must be | 11 | | registered voters who, based on their residence, are qualified | 12 | | to vote for the office of Mayor. | 13 | | (b) The form of the petition, circulation, and procedure | 14 | | for determining the validity and sufficiency of a petition | 15 | | shall be as provided by law. If the petition is valid and | 16 | | sufficient, the board of election commissioners shall certify | 17 | | the petition not more than 7 days after the date the petition | 18 | | was filed, and the question "Shall (name) be recalled from the | 19 | | office of Mayor?" must be submitted to the electors at a | 20 | | special recall election called by the board of election | 21 | | commissioners, to occur not more than 60 days after | 22 | | certification of the petition. A recall petition certified by | 23 | | the board of election commissioners may not be withdrawn and | 24 | | another recall petition may not be initiated against the Mayor | 25 | | within the 6 months after a recall election failed to remove | 26 | | the Mayor or if the Mayor has less than 6 months remaining in |
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| 1 | | his or her term. Any recall petition or recall election | 2 | | pending on the date of the next election at which a candidate | 3 | | for Mayor is elected is void. | 4 | | (c) If a petition to recall the Mayor has been filed with | 5 | | the board of election commissioners, a person eligible to | 6 | | serve as Mayor may propose his or her candidacy for the special | 7 | | successor primary election by a petition signed by at least | 8 | | 12,500 legal voters of the city, signed not more than 50 days | 9 | | after a recall petition has been filed with the board of | 10 | | election commissioners. All petitions, and procedure with | 11 | | respect thereto, shall conform in other respects to the | 12 | | provisions of the election and ballot laws then in force in the | 13 | | City of Chicago concerning the nomination of independent | 14 | | candidates for public office by petition. If the successor | 15 | | election petition is valid and sufficient, the board of | 16 | | election commissioners shall certify the petition not more | 17 | | than 60 days after the date the petition to recall the Mayor | 18 | | was filed. | 19 | | If the Mayor is removed by the special recall election, | 20 | | the names of candidates for Mayor must be submitted to the | 21 | | electors at a special successor primary election called by the | 22 | | board of election commissioners to be held 60 days after the | 23 | | special recall election. If no candidate receives a majority | 24 | | of the votes in the special successor primary election, a | 25 | | special runoff election shall be held no later than 60 days | 26 | | after the special successor primary election, and only the |
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| 1 | | names of the candidates receiving the highest and second | 2 | | highest number of votes at the special successor primary | 3 | | election shall appear on the ballot. If more than one | 4 | | candidate received the highest or second highest number of | 5 | | votes at the special successor primary election, the names of | 6 | | all candidates receiving the highest and second highest number | 7 | | of votes shall appear on the ballot at the special runoff | 8 | | election. The candidate receiving the highest number of votes | 9 | | at the special runoff election shall be declared elected. | 10 | | (d) The Mayor is immediately removed upon certification of | 11 | | the special recall election results if a majority of the | 12 | | electors voting on the question vote to recall the Mayor. If | 13 | | the Mayor is removed, then (i) the Vice Mayor shall serve until | 14 | | the Mayor elected at the special successor primary election or | 15 | | special runoff election is qualified and (ii) the candidate | 16 | | who receives a majority of votes in the special primary | 17 | | election or the candidate who receives the highest number of | 18 | | votes in the special runoff election is elected Mayor for the | 19 | | balance of the term. | 20 | | Section 20. Chicago Alderman recall election. | 21 | | (a) The recall of any alderman of the City of Chicago may | 22 | | be proposed by a petition signed by a number of electors equal | 23 | | in number to at least 10% of the total votes cast in the | 24 | | preceding aldermanic election in that ward, or 3 times the | 25 | | amount of signatures needed to be nominated by law, whichever |
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| 1 | | is greater. A petition shall have been signed by the | 2 | | petitioning electors not more than 150 days after an affidavit | 3 | | has been filed with the board of election commissioners | 4 | | providing notice of intent to circulate a petition to recall | 5 | | the alderman. The affidavit may be filed no sooner than 6 | 6 | | months after the beginning of the alderman's term of office. | 7 | | All proponents of a recall petition must be registered voters | 8 | | who, based on their residence, are qualified to vote for the | 9 | | alderman against which the recall petition is filed. | 10 | | (b) The form of the petition, circulation, and procedure | 11 | | for determining the validity and sufficiency of a petition | 12 | | shall be as provided by law. If the petition is valid and | 13 | | sufficient, the board of election commissioners shall certify | 14 | | the petition not more than 7 days after the date the petition | 15 | | was filed, and the question "Shall (name) be recalled from the | 16 | | office of Alderman for the (ward number) Ward?" must be | 17 | | submitted to the electors at a special recall election called | 18 | | by the board of election commissioners, to occur not more than | 19 | | 60 days after certification of the petition. A recall petition | 20 | | certified by the board of election commissioners may not be | 21 | | withdrawn and another recall petition may not be initiated | 22 | | against the alderman within the 6 months after a recall | 23 | | election failed to remove the alderman or if the alderman has | 24 | | less than 6 months remaining in his or her term. Any recall | 25 | | petition or recall election pending on the date of the next | 26 | | election at which a candidate for alderman is elected is void. |
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| 1 | | (c) If a petition to recall the alderman has been filed | 2 | | with the board of election commissioners, a person eligible to | 3 | | serve as alderman may propose his or her candidacy for the | 4 | | special successor primary election by a petition signed by at | 5 | | least 500 legal voters of the city, signed not more than 50 | 6 | | days after a recall petition has been filed with the board of | 7 | | election commissioners. All petitions, and procedure with | 8 | | respect thereto, shall conform in other respects to the | 9 | | provisions of the election and ballot laws then in force in the | 10 | | City of Chicago concerning the nomination of independent | 11 | | candidates for public office by petition. If the successor | 12 | | election petition is valid and sufficient, the board of | 13 | | election commissioners shall certify the petition not more | 14 | | than 60 days after the date the petition to recall the alderman | 15 | | was filed. | 16 | | If the alderman is removed by the special recall election, | 17 | | the names of candidates for alderman must be submitted to the | 18 | | electors at a special successor primary election called by the | 19 | | board of election commissioners to be held 60 days after the | 20 | | special recall election. If no candidate receives a majority | 21 | | of the votes in the special successor primary election, a | 22 | | special runoff election shall be held no later than 60 days | 23 | | after the special successor primary election, and only the | 24 | | names of the candidates receiving the highest and second | 25 | | highest number of votes at the special successor primary | 26 | | election shall appear on the ballot. If more than one |
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| 1 | | candidate received the highest or second highest number of | 2 | | votes at the special successor primary election, the names of | 3 | | all candidates receiving the highest and second highest number | 4 | | of votes shall appear on the ballot at the special runoff | 5 | | election. The candidate receiving the highest number of votes | 6 | | at the special runoff election shall be declared elected. | 7 | | (d) The alderman is immediately removed upon certification | 8 | | of the special recall election results if a majority of the | 9 | | electors voting on the question vote to recall the alderman. | 10 | | If the alderman is removed, then (i) a special successor | 11 | | primary election or special runoff election shall be held to | 12 | | determine the next alderman and (ii) if no candidates are | 13 | | presented to the board of election commissioners within the | 14 | | times required by subsection (c) of this Section, then a | 15 | | replacement alderman shall be appointed as provided by law in | 16 | | the event of a vacancy in the office. | 17 | | Section 25. Cook County State's Attorney recall election. | 18 | | (a) The recall of the Cook County State's Attorney may be | 19 | | proposed by a petition signed by a number of electors equal in | 20 | | number to at least 5% of the total votes cast for Cook County | 21 | | State's Attorney in the preceding election. A petition shall | 22 | | have been signed by the petitioning electors not more than 150 | 23 | | days after an affidavit has been filed with the Cook County | 24 | | Clerk providing notice of intent to circulate a petition to | 25 | | recall the Cook County State's Attorney. The affidavit may be |
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| 1 | | filed no sooner than 6 months after the beginning of the Cook | 2 | | County State's Attorney's term of office. All proponents of a | 3 | | recall petition must be registered voters who, based on their | 4 | | residence, are qualified to vote for the office of Cook County | 5 | | State's Attorney. | 6 | | (b) The form of the petition, circulation, and procedure | 7 | | for determining the validity and sufficiency of a petition | 8 | | shall be as provided by law. If the petition is valid and | 9 | | sufficient, the Cook County Clerk shall certify the petition | 10 | | not more than 7 days after the date the petition was filed, and | 11 | | the question "Shall (name) be recalled from the office of Cook | 12 | | County State's Attorney?" must be submitted to the electors at | 13 | | a special recall election called by the Cook County Clerk, to | 14 | | occur not more than 60 days after certification of the | 15 | | petition. A recall petition certified by the Cook County Clerk | 16 | | may not be withdrawn and another recall petition may not be | 17 | | initiated against the Cook County State's Attorney within the | 18 | | 6 months after a recall election failed to remove the Cook | 19 | | County State's Attorney or if the Cook County State's Attorney | 20 | | has less than 6 months remaining in his or her term. Any recall | 21 | | petition or recall election pending on the date of the next | 22 | | election at which a candidate for Cook County State's Attorney | 23 | | is elected is void. | 24 | | (c) If a petition to recall the Cook County State's | 25 | | Attorney has been filed with the Cook County Clerk, a person | 26 | | eligible to serve as Cook County State's Attorney may propose |
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| 1 | | his or her candidacy for the special successor primary | 2 | | election by a petition signed by at least 20,000 legal voters | 3 | | of Cook County, signed not more than 50 days after a recall | 4 | | petition has been filed with the Cook County Clerk. All | 5 | | petitions, and procedure with respect thereto, shall conform | 6 | | in other respects to the provisions of the election and ballot | 7 | | laws then in force in Cook County concerning the nomination of | 8 | | independent candidates for public office by petition. If the | 9 | | successor election petition is valid and sufficient, the Cook | 10 | | County Clerk shall certify the petition not more than 60 days | 11 | | after the date the petition to recall the Cook County State's | 12 | | Attorney was filed. | 13 | | If the Cook County State's Attorney is removed by the | 14 | | special recall election, the names of candidates for Cook | 15 | | County State's Attorney must be submitted to the electors at a | 16 | | special successor primary election called by the Cook County | 17 | | Clerk to be held 60 days after the special recall election. If | 18 | | no candidate receives a majority of the votes in the special | 19 | | successor primary election, a special runoff election shall be | 20 | | held no later than 60 days after the special successor primary | 21 | | election, and only the names of the candidates receiving the | 22 | | highest and second highest number of votes at the special | 23 | | successor primary election shall appear on the ballot. If more | 24 | | than one candidate received the highest or second highest | 25 | | number of votes at the special successor primary election, the | 26 | | names of all candidates receiving the highest and second |
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| 1 | | highest number of votes shall appear on the ballot at the | 2 | | special runoff election. The candidate receiving the highest | 3 | | number of votes at the special runoff election shall be | 4 | | declared elected. | 5 | | (d) The Cook County State's Attorney is immediately | 6 | | removed upon certification of the special recall election | 7 | | results if a majority of the electors voting on the question | 8 | | vote to recall the Cook County State's Attorney. If the Cook | 9 | | County State's Attorney is removed, then (i) a special | 10 | | successor primary election or special runoff election shall be | 11 | | held to determine the next Cook County State's Attorney and | 12 | | (ii) if no candidates are presented to the Cook County Clerk | 13 | | within the times required by subsection (c) of this Section, | 14 | | then a replacement Cook County State's Attorney shall be | 15 | | appointed as provided by law in the event of a vacancy in the | 16 | | office. | 17 | | Section 30. Petitions. | 18 | | (a) The following must be included in any recall petition | 19 | | submitted under this Act: | 20 | | (1) The name and title of the officer to be recalled | 21 | | under the petition. | 22 | | (2) A statement, not exceeding 200 words in length, of | 23 | | the reasons for the proposed recall. | 24 | | (3) The printed name, signature, and residential | 25 | | address of each of the proponents of the recall. |
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| 1 | | (b) Within 7 days of the filing of a notice of intent to | 2 | | recall the officer, the officer against whom a recall petition | 3 | | is being attempted can officially file an answer, not | 4 | | exceeding 200 words in length, to the proponents and a | 5 | | statement of defense against the recall attempt. | 6 | | (c) Proponents shall, if possible, publish a notice of | 7 | | intent to circulate a recall petition in an English language | 8 | | newspaper of general circulation in the relevant jurisdiction. | 9 | | If no newspaper operates in the jurisdiction of the officer to | 10 | | be recalled, proponents must post the notice of intent in at | 11 | | least 3 public places.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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