HB3543 101ST GENERAL ASSEMBLY

LRB101 10596 AWJ 55702 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3543

Introduced , by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

New Act

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.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title; references to Act.

(a) Short title. This Act may be cited as the Local Officer Recall Act.

(b) References to Act. This Act may be referred to as the Laquan McDonald Law.

Section 5. Applicability. In the event this Act conflicts with any other provisions of law, this Act shall control notwithstanding those other provisions of law.

Section 10. Definitions. As used in this Act:

"Alderman" and "mayor" have the meanings given to those term in paragraph (8) of Section 1-1-2 of the Illinois Municipal Code.

"Proponent" means a voter who initiates a recall petition and has control over circulating and obtaining signatures for the recall petition.

Section 15. Mayor recall election.

(a) The recall of a mayor may be proposed by a petition signed by a number of electors equal in number to at least 10% of the total votes cast for mayor 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 proper election authority providing notice of intent to circulate a petition to recall the mayor. The affidavit may be filed no sooner than 6 months after the beginning of the mayor's term of office. The affidavit shall have been signed by the proponent of the recall petition and at least 2 aldermen. All proponents of a recall petition must be registered voters who, based on their residence, are qualified to vote for the office of mayor.

(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 proper election authority 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 (mayor/president)?" must be submitted to the electors at a special recall election called by the proper election authority, to occur not more than 60 days after certification of the petition. A recall petition certified by the proper election authority may not be withdrawn and another recall petition may not be initiated against the mayor within the 6 months after a recall election failed to remove the mayor or if the mayor 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 mayor is elected is void.

(c) If a petition to recall the mayor has been filed with the proper election authority, a person eligible to serve as mayor may propose his or her candidacy for the special successor primary election by a petition signed by at least 5% of legal voters of the municipality, signed not more than 50 days after a recall petition has been filed with the proper election authority. All petitions, and procedure with respect thereto, shall conform in other respects to the provisions of the Election Code concerning the nomination of independent candidates for public office by petition. If the successor election petition is valid and sufficient, the proper election authority shall certify the petition not more than 60 days after the date the petition to recall the mayor was filed.

If the mayor is removed by the special recall election, the names of candidates for mayor must be submitted to the electors at a special successor primary election called by the proper election authority 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 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 mayor 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 mayor. If the mayor is removed, then (i) the vice mayor shall serve until the mayor elected at the special successor primary election or special runoff election is qualified and or, if there is not a vice mayor in the municipality, a person temporarily appointed by the city council shall serve until a mayor is elected (ii) the candidate who receives a majority of votes in the special primary election or the candidate who receives the highest number of votes in the special runoff election is elected mayor for the balance of the term.

Section 20. Alderman recall election.

(a) The recall of an alderman of a municipality may be proposed by a petition signed by a number of electors equal in number to at least 10% of the total votes cast in the preceding aldermanic election in that ward or 3 times the amount of signatures needed to be nominated by law, whichever is greater. A petition shall have been signed by the petitioning electors not more than 150 days after an affidavit has been filed with the proper election authority providing notice of intent to circulate a petition to recall the alderman. The affidavit may be filed no sooner than 6 months after the beginning of the alderman'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 alderman against which the recall petition is filed.

(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 proper election authority 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 (alderman/commissioner/trustee) for the (ward number) Ward?" must be submitted to the electors at a special recall election called by the proper election authority, to occur not more than 60 days after certification of the petition. A recall petition certified by the proper election authority may not be withdrawn and another recall petition may not be initiated against the alderman within the 6 months after a recall election failed to remove the alderman or if the alderman 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 alderman is elected is void.

(c) If a petition to recall the alderman has been filed with the proper election authority, a person eligible to serve as alderman may propose his or her candidacy for the special successor primary election by a petition signed by at least 1% of legal voters of the municipality, signed not more than 50 days after a recall petition has been filed with the proper election authority. All petitions, and procedure with respect thereto, shall conform in other respects to the provisions of the Election Code concerning the nomination of independent candidates for public office by petition. If the successor election petition is valid and sufficient, the proper election authority shall certify the petition not more than 60 days after the date the petition to recall the alderman was filed.

If the alderman is removed by the special recall election, the names of candidates for alderman must be submitted to the electors at a special successor primary election called by the proper election authority 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 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 alderman 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 alderman. If the alderman is removed, then (i) a special successor primary election or special runoff election shall be held to determine the next alderman and (ii) if no candidates are presented to the proper election authority within the times required by subsection (c) of this Section, then a replacement alderman shall be appointed as provided by law in the event of a vacancy in the office.

Section 25. State's Attorney recall election.

(a) The recall of a county's 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 the 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 county clerk providing notice of intent to circulate a petition to recall the State's Attorney. The affidavit may be filed no sooner than 6 months after the beginning of the 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 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 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 State's Attorney?" must be submitted to the electors at a special recall election called by the county clerk, to occur not more than 60 days after certification of the petition. A recall petition certified by the county clerk may not be withdrawn and another recall petition may not be initiated against the State's Attorney within the 6 months after a recall election failed to remove the State's Attorney or if the 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 the State's Attorney is elected is void.

(c) If a petition to recall the State's Attorney has been filed with the county clerk, a person eligible to serve as State's Attorney may propose his or her candidacy for the special successor primary election by a petition signed by at least 5% of legal voters of the county, signed not more than 50 days after a recall petition has been filed with the county clerk. All petitions, and procedure with respect thereto, shall conform in other respects to the provisions of the Election Code concerning the nomination of independent candidates for public office by petition. If the successor election petition is valid and sufficient, the county clerk shall certify the petition not more than 60 days after the date the petition to recall the State's Attorney was filed.

If the State's Attorney is removed by the special recall election, the names of candidates for State's Attorney must be submitted to the electors at a special successor primary election called by the 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 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 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 State's Attorney. If the State's Attorney is removed, then (i) a special successor primary election or special runoff election shall be held to determine the next State's Attorney and (ii) if no candidates are presented to the county clerk within the times required by subsection (c) of this Section, then a replacement State's Attorney shall be appointed as provided by law in the event of a vacancy in the office.

Section 30. Petitions.

(a) The following must be included in any recall petition submitted under this Act:

(1) The name and title of the officer to be recalled under the petition.

(2) A statement, not exceeding 200 words in length, of the reasons for the proposed recall.

(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 officer, the officer against whom a recall petition is being attempted can 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 the relevant jurisdiction. If no newspaper operates in the jurisdiction of the officer to be recalled, proponents must post the notice of intent in at least 3 public places.

Section 99. Effective date. This Act takes effect upon becoming law.