Bill Amendment: IL HB1100 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIMINAL LAW-TECH

Status: 2022-04-07 - Added Co-Sponsor Rep. Camille Y. Lilly [HB1100 Detail]

Download: Illinois-2021-HB1100-House_Amendment_003.html

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Rep. Chris Bos

Filed: 4/5/2022

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AMENDMENT TO HOUSE BILL 1100
AMENDMENT NO. ______. Amend House Bill 1100 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Cook
County State's Attorney Recall Act.
Section 5. Applicability. If this Act conflicts with any
other provisions of law, this Act controls notwithstanding
those other provisions of law.
Section 10. Recall election; Cook County State's Attorney.
(a) The recall of the Cook County State's Attorney may be
proposed by a petition signed by a number of electors equal in
number to at least 5% of the total votes cast for Cook County
State's Attorney in the preceding election. A petition shall
have been signed by the petitioning electors not more than 150
days after an affidavit has been filed with the Cook County

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Clerk providing notice of intent to circulate a petition to
recall the Cook County State's Attorney. The affidavit may be
filed no sooner than 6 months after the beginning of the Cook
County State's Attorney's term of office. All proponents of a
recall petition must be registered voters who, based on their
residence, are qualified to vote for the office of Cook County
State's Attorney.
(b) The form of the petition, circulation, and procedure
for determining the validity and sufficiency of a petition
shall be as provided by law. If the petition is valid and
sufficient, the Cook County Clerk shall certify the petition
not more than 7 days after the date the petition was filed, and
the question "Shall (name) be recalled from the office of Cook
County State's Attorney?" must be submitted to the electors at
a special recall election called by the Cook County Clerk, to
occur not more than 60 days after certification of the
petition. A recall petition certified by the Cook County Clerk
may not be withdrawn and another recall petition may not be
initiated against the Cook County State's Attorney within the
6 months after a recall election failed to remove the Cook
County State's Attorney or if the Cook County State's Attorney
has less than 6 months remaining in his or her term. Any recall
petition or recall election pending on the date of the next
election at which a candidate for Cook County State's Attorney
is elected is void.
(c) If a petition to recall the Cook County State's

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Attorney has been filed with the Cook County Clerk, a person
eligible to serve as Cook County State's Attorney may propose
his or her candidacy for the special successor primary
election by a petition signed by at least 20,000 legal voters
of Cook County, signed not more than 50 days after a recall
petition has been filed with the Cook County Clerk. All
petitions, and procedure with respect thereto, shall conform
in other respects to the provisions of the election and ballot
laws then in force in Cook County concerning the nomination of
independent candidates for public office by petition. If the
successor election petition is valid and sufficient, the Cook
County Clerk shall certify the petition not more than 60 days
after the date the petition to recall the Cook County State's
Attorney was filed.
If the Cook County State's Attorney is removed by the
special recall election, the names of candidates for Cook
County State's Attorney must be submitted to the electors at a
special successor primary election called by the Cook County
Clerk to be held 60 days after the special recall election. If
no candidate receives a majority of the votes in the special
successor primary election, a special runoff election shall be
held no later than 60 days after the special successor primary
election, and only the names of the candidates receiving the
highest and second highest number of votes at the special
successor primary election shall appear on the ballot. If more
than one candidate received the highest or second highest

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number of votes at the special successor primary election, the
names of all candidates receiving the highest and second
highest number of votes shall appear on the ballot at the
special runoff election. The candidate receiving the highest
number of votes at the special runoff election shall be
declared elected.
(d) The Cook County State's Attorney is immediately
removed upon certification of the special recall election
results if a majority of the electors voting on the question
vote to recall the Cook County State's Attorney. If the Cook
County State's Attorney is removed, then (i) a special
successor primary election or special runoff election shall be
held to determine the next Cook County State's Attorney and
(ii) if no candidates are presented to the Cook County Clerk
within the times required by subsection (c) of this Section,
then a replacement Cook County State's Attorney shall be
appointed as provided by law for when a vacancy occurs in the
office.
Section 15. Petitions.
(a) The following must be included in any recall petition
submitted under this Act:
(1) The name and title of the Cook County State's
Attorney to be recalled under the petition.
(2) A statement, not exceeding 200 words in length, of
the reasons for the proposed recall.

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(3) The printed name, signature, and residential
address of each of the proponents of the recall.
(b) Within 7 days of the filing of a notice of intent to
recall the Cook County State's Attorney, the Cook County
State's Attorney may officially file an answer, not exceeding
200 words in length, to the proponents and a statement of
defense against the recall attempt.
(c) Proponents shall, if possible, publish a notice of
intent to circulate a recall petition in an English language
newspaper of general circulation in Cook County. If no
newspaper operates in Cook County, proponents must post the
notice of intent in at least 3 public places.
Section 99. Effective date. This Act takes effect upon
becoming law.".