Full Text of HB3543 101st General Assembly
HB3543 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3543 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
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Creates the Municipal Officer Recall Act (referred to as the Laquan McDonald Law). Establishes a procedure for an election to recall a mayor, city council members, or a 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; references to Act. | 5 | | (a) Short title. This Act may be cited as the Local Officer | 6 | | Recall Act.
| 7 | | (b) References to Act. This Act may be referred to as the | 8 | | Laquan McDonald Law.
| 9 | | Section 5. Applicability. In the event this Act conflicts | 10 | | with any 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" and "mayor" have the meanings given to those | 14 | | term in paragraph (8) of Section 1-1-2 of the Illinois | 15 | | Municipal Code. | 16 | | "Proponent" means a voter who initiates a recall petition | 17 | | and has control over circulating and obtaining signatures for | 18 | | the recall petition. | 19 | | Section 15. Mayor recall election. | 20 | | (a) The recall of a mayor may be proposed by a petition | 21 | | signed by a number of electors equal in number to at least 10% |
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| 1 | | of the total votes cast for mayor in the preceding election. A | 2 | | petition shall have been signed by the petitioning electors not | 3 | | more than 150 days after an affidavit has been filed with the | 4 | | proper election authority providing notice of intent to | 5 | | circulate a petition to recall the mayor. The affidavit may be | 6 | | filed no sooner than 6 months after the beginning of the | 7 | | mayor's term of office. The affidavit shall have been signed by | 8 | | the proponent of the recall petition and at least 2 aldermen. | 9 | | All proponents of a recall petition must be registered voters | 10 | | who, based on their residence, are qualified to vote for the | 11 | | office of mayor. | 12 | | (b) The form of the petition, circulation, and procedure | 13 | | for determining the validity and sufficiency of a petition | 14 | | shall be as provided by law. If the petition is valid and | 15 | | sufficient, the proper election authority shall certify the | 16 | | petition not more than 7 days after the date the petition was | 17 | | filed, and the question "Shall (name) be recalled from the | 18 | | office of (mayor/president)?" must be submitted to the electors | 19 | | at a special recall election called by the proper election | 20 | | authority, to occur not more than 60 days after certification | 21 | | of the petition. A recall petition certified by the proper | 22 | | election authority may not be withdrawn and another recall | 23 | | petition may not be initiated against the mayor within the 6 | 24 | | months after a recall election failed to remove the mayor or if | 25 | | the mayor has less than 6 months remaining in his or her term. | 26 | | Any recall petition or recall election pending on the date of |
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| 1 | | the next election at which a candidate for mayor is elected is | 2 | | void. | 3 | | (c) If a petition to recall the mayor has been filed with | 4 | | the proper election authority, a person eligible to serve as | 5 | | mayor may propose his or her candidacy for the special | 6 | | successor primary election by a petition signed by at least 5% | 7 | | of legal voters of the municipality, signed not more than 50 | 8 | | days after a recall petition has been filed with the proper | 9 | | election authority. All petitions, and procedure with respect | 10 | | thereto, shall conform in other respects to the provisions of | 11 | | the Election Code concerning the nomination of independent | 12 | | candidates for public office by petition. If the successor | 13 | | election petition is valid and sufficient, the proper election | 14 | | authority shall certify the petition not more than 60 days | 15 | | after the date the petition to recall the mayor was filed. | 16 | | If the mayor is removed by the special recall election, the | 17 | | names of candidates for mayor must be submitted to the electors | 18 | | at a special successor primary election called by the proper | 19 | | election authority to be held 60 days after the special recall | 20 | | election. If no candidate receives a majority of the votes in | 21 | | the special successor primary election, a special runoff | 22 | | election shall be held no later than 60 days after the special | 23 | | successor primary election, and only the names of the | 24 | | candidates receiving the highest and second highest number of | 25 | | votes at the special successor primary election shall appear on | 26 | | the ballot. If more than one candidate received the highest or |
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| 1 | | second highest number of votes at the special successor primary | 2 | | election, the names of all candidates receiving the highest and | 3 | | second highest number of votes shall appear on the ballot at | 4 | | the special runoff election. The candidate receiving the | 5 | | highest number of votes at the special runoff election shall be | 6 | | declared elected. | 7 | | (d) The mayor is immediately removed upon certification of | 8 | | the special recall election results if a majority of the | 9 | | electors voting on the question vote to recall the mayor. If | 10 | | the mayor is removed, then (i) the vice mayor shall serve until | 11 | | the mayor elected at the special successor primary election or | 12 | | special runoff election is qualified and or, if there is not a | 13 | | vice mayor in the municipality, a person temporarily appointed | 14 | | by the city council shall serve until a mayor is elected (ii) | 15 | | the candidate who receives a majority of votes in the special | 16 | | primary election or the candidate who receives the highest | 17 | | number of votes in the special runoff election is elected mayor | 18 | | for the balance of the term. | 19 | | Section 20. Alderman recall election. | 20 | | (a) The recall of an alderman of a municipality may be | 21 | | proposed by a petition signed by a number of electors equal in | 22 | | number to at least 10% of the total votes cast in the preceding | 23 | | aldermanic election in that ward or 3 times the amount of | 24 | | signatures needed to be nominated by law, whichever is greater. | 25 | | A petition shall have been signed by the petitioning electors |
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| 1 | | not more than 150 days after an affidavit has been filed with | 2 | | the proper election authority providing notice of intent to | 3 | | circulate a petition to recall the alderman. The affidavit may | 4 | | be filed no sooner than 6 months after the beginning of the | 5 | | alderman's term of office. All proponents of a recall petition | 6 | | must be registered voters who, based on their residence, are | 7 | | qualified to vote for the alderman against which the recall | 8 | | petition is filed. | 9 | | (b) The form of the petition, circulation, and procedure | 10 | | for determining the validity and sufficiency of a petition | 11 | | shall be as provided by law. If the petition is valid and | 12 | | sufficient, the proper election authority shall certify the | 13 | | petition not more than 7 days after the date the petition was | 14 | | filed, and the question "Shall (name) be recalled from the | 15 | | office of (alderman/commissioner/trustee) for the (ward | 16 | | number) Ward?" must be submitted to the electors at a special | 17 | | recall election called by the proper election authority, to | 18 | | occur not more than 60 days after certification of the | 19 | | petition. A recall petition certified by the proper election | 20 | | authority may not be withdrawn and another recall petition may | 21 | | not be initiated against the alderman within the 6 months after | 22 | | a recall election failed to remove the alderman or if the | 23 | | alderman has less than 6 months remaining in his or her term. | 24 | | Any recall petition or recall election pending on the date of | 25 | | the next election at which a candidate for alderman is elected | 26 | | is void. |
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| 1 | | (c) If a petition to recall the alderman has been filed | 2 | | with the proper election authority, a person eligible to serve | 3 | | as alderman may propose his or her candidacy for the special | 4 | | successor primary election by a petition signed by at least 1% | 5 | | of legal voters of the municipality, signed not more than 50 | 6 | | days after a recall petition has been filed with the proper | 7 | | election authority. All petitions, and procedure with respect | 8 | | thereto, shall conform in other respects to the provisions of | 9 | | the Election Code concerning the nomination of independent | 10 | | candidates for public office by petition. If the successor | 11 | | election petition is valid and sufficient, the proper election | 12 | | authority shall certify the petition not more than 60 days | 13 | | after the date the petition to recall the alderman was filed. | 14 | | If the alderman is removed by the special recall election, | 15 | | the names of candidates for alderman must be submitted to the | 16 | | electors at a special successor primary election called by the | 17 | | proper election authority to be held 60 days after the special | 18 | | recall election. If no candidate receives a majority of the | 19 | | votes in the special successor primary election, a special | 20 | | runoff election shall be held no later than 60 days after the | 21 | | special successor primary election, and only the names of the | 22 | | candidates receiving the highest and second highest number of | 23 | | votes at the special successor primary election shall appear on | 24 | | the ballot. If more than one candidate received the highest or | 25 | | second highest number of votes at the special successor primary | 26 | | election, the names of all candidates receiving the highest and |
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| 1 | | second highest number of votes shall appear on the ballot at | 2 | | the special runoff election. The candidate receiving the | 3 | | highest number of votes at the special runoff election shall be | 4 | | declared elected. | 5 | | (d) The alderman is immediately removed upon certification | 6 | | of the special recall election results if a majority of the | 7 | | electors voting on the question vote to recall the alderman. If | 8 | | the alderman is removed, then (i) a special successor primary | 9 | | election or special runoff election shall be held to determine | 10 | | the next alderman and (ii) if no candidates are presented to | 11 | | the proper election authority within the times required by | 12 | | subsection (c) of this Section, then a replacement alderman | 13 | | shall be appointed as provided by law in the event of a vacancy | 14 | | in the office. | 15 | | Section 25. State's Attorney recall election. | 16 | | (a) The recall of a county's State's Attorney may be | 17 | | proposed by a petition signed by a number of electors equal in | 18 | | number to at least 5% of the total votes cast for the State's | 19 | | Attorney in the preceding election. A petition shall have been | 20 | | signed by the petitioning electors not more than 150 days after | 21 | | an affidavit has been filed with the county clerk providing | 22 | | notice of intent to circulate a petition to recall the State's | 23 | | Attorney. The affidavit may be filed no sooner than 6 months | 24 | | after the beginning of the State's Attorney's term of office. | 25 | | All proponents of a recall petition must be registered voters |
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| 1 | | who, based on their residence, are qualified to vote for the | 2 | | State's Attorney. | 3 | | (b) The form of the petition, circulation, and procedure | 4 | | for determining the validity and sufficiency of a petition | 5 | | shall be as provided by law. If the petition is valid and | 6 | | sufficient, the county clerk shall certify the petition not | 7 | | more than 7 days after the date the petition was filed, and the | 8 | | question "Shall (name) be recalled from the office of State's | 9 | | Attorney?" must be submitted to the electors at a special | 10 | | recall election called by the county clerk, to occur not more | 11 | | than 60 days after certification of the petition. A recall | 12 | | petition certified by the county clerk may not be withdrawn and | 13 | | another recall petition may not be initiated against the | 14 | | State's Attorney within the 6 months after a recall election | 15 | | failed to remove the State's Attorney or if the State's | 16 | | Attorney has less than 6 months remaining in his or her term. | 17 | | Any recall petition or recall election pending on the date of | 18 | | the next election at which a candidate for the State's Attorney | 19 | | is elected is void. | 20 | | (c) If a petition to recall the State's Attorney has been | 21 | | filed with the county clerk, a person eligible to serve as | 22 | | State's Attorney may propose his or her candidacy for the | 23 | | special successor primary election by a petition signed by at | 24 | | least 5% of legal voters of the county, signed not more than 50 | 25 | | days after a recall petition has been filed with the county | 26 | | clerk. All petitions, and procedure with respect thereto, shall |
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| 1 | | conform in other respects to the provisions of the Election | 2 | | Code concerning the nomination of independent candidates for | 3 | | public office by petition. If the successor election petition | 4 | | is valid and sufficient, the county clerk shall certify the | 5 | | petition not more than 60 days after the date the petition to | 6 | | recall the State's Attorney was filed. | 7 | | If the State's Attorney is removed by the special recall | 8 | | election, the names of candidates for State's Attorney must be | 9 | | submitted to the electors at a special successor primary | 10 | | election called by the county clerk to be held 60 days after | 11 | | the special recall election. If no candidate receives a | 12 | | majority of the votes in the special successor primary | 13 | | election, a special runoff election shall be held no later than | 14 | | 60 days after the special successor primary election, and only | 15 | | the names of the candidates receiving the highest and second | 16 | | highest number of votes at the special successor primary | 17 | | election shall appear on the ballot. If more than one candidate | 18 | | received the highest or second highest number of votes at the | 19 | | special successor primary election, the names of all candidates | 20 | | receiving the highest and second highest number of votes shall | 21 | | appear on the ballot at the special runoff election. The | 22 | | candidate receiving the highest number of votes at the special | 23 | | runoff election shall be declared elected. | 24 | | (d) The State's Attorney is immediately removed upon | 25 | | certification of the special recall election results if a | 26 | | majority of the electors voting on the question vote to recall |
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| 1 | | the State's Attorney. If the State's Attorney is removed, then | 2 | | (i) a special successor primary election or special runoff | 3 | | election shall be held to determine the next State's Attorney | 4 | | and (ii) if no candidates are presented to the county clerk | 5 | | within the times required by subsection (c) of this Section, | 6 | | then a replacement State's Attorney shall be appointed as | 7 | | provided by law in the event of a vacancy in the office. | 8 | | Section 30. Petitions. | 9 | | (a) The following must be included in any recall petition | 10 | | submitted under this Act: | 11 | | (1) The name and title of the officer to be recalled | 12 | | under the petition. | 13 | | (2) A statement, not exceeding 200 words in length, of | 14 | | the reasons for the proposed recall. | 15 | | (3) The printed name, signature, and residential | 16 | | address of each of the proponents of the recall. | 17 | | (b) Within 7 days of the filing of a notice of intent to | 18 | | recall the officer, the officer against whom a recall petition | 19 | | is being attempted can officially file an answer, not exceeding | 20 | | 200 words in length, to the proponents and a statement of | 21 | | defense against the recall attempt. | 22 | | (c) Proponents shall, if possible, publish a notice of | 23 | | intent to circulate a recall petition in an English language | 24 | | newspaper of general circulation in the relevant jurisdiction. | 25 | | If no newspaper operates in the jurisdiction of the officer to |
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| 1 | | be recalled, proponents must post the notice of intent in at | 2 | | least 3 public places.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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