Bill Text: IL HB3543 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3543 Detail]
Download: Illinois-2019-HB3543-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title; references to Act. | |||||||||||||||||||
5 | (a) Short title. This Act may be cited as the Local Officer | |||||||||||||||||||
6 | Recall Act.
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7 | (b) References to Act. This Act may be referred to as the | |||||||||||||||||||
8 | Laquan McDonald Law.
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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.
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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.
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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.
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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.
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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.
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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.
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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