HB4794 101ST GENERAL ASSEMBLY

LRB101 20582 AWJ 70208 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4794

Introduced 2/18/2020, by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

New Act

Creates the Chicago Official Recall Act (referred to as the Laquan McDonald Law). Establishes procedures 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.

FISCAL NOTE ACT MAY APPLY

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 Chicago Official Recall Act.

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

Section 5. Conflict with other laws. If this Act conflicts with any other provisions of law, this Act controls.

Section 10. Definitions. As used in this Act:

"Alderman" means an alderman of the City of Chicago.

"Board of election commissioners" means the Board of Election Commissioners for the City of Chicago.

"Mayor" means the Mayor of Chicago.

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

Section 15. Mayor of Chicago recall election.

(a) The recall of the Mayor of Chicago may be proposed by a petition signed by 25,000 electors. A petition shall have been signed by the petitioning electors not more than 45 days after an affidavit has been filed with the board of election commissioners 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 board of election commissioners 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?" must be submitted to the electors at a special recall election called by the board of election commissioners, to occur not more than 60 days after certification of the petition. A recall petition certified by the board of election commissioners 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 board of election commissioners, a person eligible to serve as Mayor may propose his or her candidacy for the special successor primary election by a petition with signatures signed not more than 45 days after a recall petition has been filed with the board of election commissioners. 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 the City of Chicago concerning the nomination of independent candidates for public office by petition. If the successor election petition is valid and sufficient, the board of election commissioners shall certify the petition not more than 60 days after the date the petition to recall the Mayor was filed. The special recall election shall occur no less than 21 days and no more than 45 days after certification of a petition.

The special recall election ballot shall contain 2 parts: (1) the question of whether the Mayor should be recalled; and (2) the election of the successor to the Mayor if the Mayor is recalled. The names of the candidates whose petitions have been certified under this subsection shall appear on the ballot. If the electors do not recall the Mayor, no successor is elected under item (2).

(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 electors approve the recall of the Mayor, the candidate receiving the highest number of votes in the special recall election shall be declared elected Mayor; except if no candidate received at least one elector more than 50% of the electors, then the names of the 2 candidates receiving the highest number of votes shall appear on the ballot at a special runoff election with the candidate getting the most votes being declared Mayor.

Section 20. Chicago Alderman recall election.

(a) The recall of any alderman of the City of Chicago may be proposed by a petition signed by 5,000 electors. A petition shall have been signed by the petitioning electors not more than 45 days after an affidavit has been filed with the board of election commissioners 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 board of election commissioners 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 for the (ward number) Ward?" must be submitted to the electors at a special recall election called by the board of election commissioners, to occur not more than 60 days after certification of the petition. A recall petition certified by the board of election commissioners 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 board of election commissioners, a person eligible to serve as alderman may propose his or her candidacy for the special successor primary election by a petition with signatures signed not more than 45 days after a recall petition has been filed with the board of election commissioners. 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 the City of Chicago concerning the nomination of independent candidates for public office by petition. If the successor election petition is valid and sufficient, the board of election commissioners shall certify the petition not more than 60 days after the date the petition to recall the alderman was filed. The special recall election shall occur no less than 21 days and no more than 45 days after certification of a petition.

The special recall election ballot shall contain 2 parts: (1) the question of whether the alderman should be recalled; and (2) the election of the successor to the alderman if the alderman is recalled. The names of the candidates whose petitions have been certified under this subsection shall appear on the ballot.

(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 electors approve the recall of the alderman, the candidate receiving the highest number of votes in the special recall election shall be declared elected alderman; except if no candidate received at least one elector more than 50% of the electors, then the names of the 2 candidates receiving the highest number of votes shall appear on the ballot at a special runoff election with the candidate getting the most votes being declared alderman.

Section 25. Cook County State's Attorney recall election.

(a) The recall of the Cook County State's Attorney may be proposed by a petition signed by 50,000 electors. A petition shall have been signed by the petitioning electors not more than 45 days after an affidavit has been filed with the Cook County 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 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 with signatures signed not more than 45 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. The special recall election shall occur no less than 21 days and no more than 45 days after certification of a petition.

The special recall election ballot shall contain 2 parts: (1) the question of whether the State's Attorney should be recalled; and (2) the election of the successor to the State's Attorney if the State's Attorney is recalled. The names of the candidates whose petitions have been certified under this subsection shall appear on the ballot.

(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 electors approve the recall of the Cook County State's Attorney, the candidate receiving the highest number of votes in the special recall election shall be declared elected State's Attorney; except if no candidate received at least one elector more than 50% of the electors, then the names of the 2 candidates receiving the highest number of votes shall appear on the ballot at a special runoff election with the candidate getting the most votes being declared Cook County State's Attorney.

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.