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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing Section | ||||||||||||||||||||||||||||||||||||||||||
5 | 2A-1 and
adding Article 25.5 as follows:
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6 | (10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)
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7 | (Text of Section WITHOUT the changes made by P.A. 89-719, | ||||||||||||||||||||||||||||||||||||||||||
8 | which has been
held unconstitutional)
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9 | Sec. 2A-1. All Elections - Governed by this Code - | ||||||||||||||||||||||||||||||||||||||||||
10 | Construction of
Article 2A.
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11 | (a) No public question may be submitted to any voters in | ||||||||||||||||||||||||||||||||||||||||||
12 | this State, nor
may any person be nominated for public office | ||||||||||||||||||||||||||||||||||||||||||
13 | or elected to public or
political party office or removed from | ||||||||||||||||||||||||||||||||||||||||||
14 | office in a recall election in this
State except pursuant to | ||||||||||||||||||||||||||||||||||||||||||
15 | this Code,
notwithstanding the provisions of any other statute | ||||||||||||||||||||||||||||||||||||||||||
16 | or municipal charter.
However, this Code shall not apply to | ||||||||||||||||||||||||||||||||||||||||||
17 | elections for officers or public
questions of local school | ||||||||||||||||||||||||||||||||||||||||||
18 | councils established pursuant to Chapter 34 of
the School Code, | ||||||||||||||||||||||||||||||||||||||||||
19 | soil and water conservation districts or drainage
districts, | ||||||||||||||||||||||||||||||||||||||||||
20 | except as specifically made applicable by another statute.
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21 | (b) All elections in this State shall be held in accordance | ||||||||||||||||||||||||||||||||||||||||||
22 | with the
consolidated schedule of elections established in | ||||||||||||||||||||||||||||||||||||||||||
23 | Sections 2A-1.1 and
2A-1.2. No election may be held on any date |
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1 | other than a date on which
an election is scheduled under | ||||||
2 | Section 2A-1.1, except special elections
to fill congressional | ||||||
3 | vacancies held pursuant to writs of election
issued by the | ||||||
4 | Governor, township referenda and votes of the town electors
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5 | held at the annual town meeting, emergency referenda approved | ||||||
6 | pursuant to
Section 2A-1.4, special elections held between | ||||||
7 | January 1, 1995 and July 1,
1995 under Section 34-53 of the | ||||||
8 | School Code, and city, village or incorporated
town primary | ||||||
9 | elections in even-numbered years expressly authorized in this
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10 | Article to provide for annual partisan elections.
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11 | (c) At the respective elections established in Section | ||||||
12 | 2A-1.1,
candidates shall be elected to office, nominated for | ||||||
13 | election thereto or
placed on the ballot as otherwise required | ||||||
14 | by this Code, and public
questions may be submitted, as | ||||||
15 | specified in Section 2A-1.2.
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16 | (d) If the requirements of Section 2A-1.2 conflict with any | ||||||
17 | specific
provision of Sections 2A-2 through 2A-54, as applied | ||||||
18 | to any office or
election, the requirements of Section 2A-1.2 | ||||||
19 | prevail, and shall be
enforced by the State Board of Elections.
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20 | (e) In the event any court of competent jurisdiction | ||||||
21 | declares an
election void, the court may order another election | ||||||
22 | without regard to
the schedule of elections set forth in this | ||||||
23 | Article.
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24 | (Source: P.A. 88-511.)
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25 | (10 ILCS 5/Art. 25.5 heading new)
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1 | ARTICLE 25.5. RECALL OF LOCAL ELECTED OFFICIALS | ||||||
2 | (10 ILCS 5/25.5-5 new)
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3 | Sec. 25.5-5. Definitions. For the purposes of this | ||||||
4 | Article:
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5 | "Appropriate election
official" means the State Board of | ||||||
6 | Elections in the case of recall of an
official elected from a | ||||||
7 | district that comprises more than one county,
or is partly in | ||||||
8 | one county and partly in another county or counties; the
county | ||||||
9 | clerk in the case of recall of an official elected to a county
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10 | office or trustee of a sanitary district; or the local election | ||||||
11 | official in
the case of recall of an official elected to a | ||||||
12 | municipal or township office,
other than a municipal or | ||||||
13 | township office where the municipality's or
township's | ||||||
14 | boundaries are co-extensive with or are entirely within the
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15 | jurisdiction of a municipal board of election commissioners, in | ||||||
16 | which case
the "appropriate election official" means the | ||||||
17 | municipal board of election
commissioners.
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18 | "Local elected official" means any
official elected to an
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19 | office of a unit of local government or school district.
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20 | (10 ILCS 5/25.5-10 new)
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21 | Sec. 25.5-10. Removal of local elected official. Every | ||||||
22 | incumbent
local elected official who has been elected to
an | ||||||
23 | office that has a term of more than 2 years
is subject to | ||||||
24 | removal
by the electors qualified to vote for that official.
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1 | The procedure to effect the removal of an incumbent of that | ||||||
2 | office shall
be as prescribed in this Article.
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3 | (10 ILCS 5/25.5-15 new)
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4 | Sec. 25.5-15. Petition; form. A petition, signed by at | ||||||
5 | least 20% of the
registered
voters of the unit of local | ||||||
6 | government or school district
who are entitled
to vote for the | ||||||
7 | local elected official whose removal is sought, shall be
filed | ||||||
8 | with the appropriate
election official at least 61 days before | ||||||
9 | the next regularly scheduled
election under this Code and shall | ||||||
10 | be certified within one day after receipt
of the petition. The | ||||||
11 | petition shall demand an election
on the question of whether | ||||||
12 | the named incumbent elected official shall be
removed from | ||||||
13 | office,
the election to be held at the next regularly scheduled | ||||||
14 | election, and
shall contain a general statement of not more | ||||||
15 | than 200 words of a reason or
reasons for the recall that are | ||||||
16 | related to the official responsibilities of
the official whose | ||||||
17 | removal is sought.
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18 | The petition shall be substantially in the following form:
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19 | To the appropriate election official of (unit or district):
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20 | We, the undersigned electors of (unit or district), | ||||||
21 | entitled to vote
for (name of person) demand
an election on the | ||||||
22 | question of removal from office of (name of person) for
the | ||||||
23 | following reasons: (Here state reasons in not more than 200 | ||||||
24 | words).
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1 | Name House Number Street Date of | ||||||
2 | if any Signing
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3 | |||||||
4 | .... ............ ....... ......
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5 | State of Illinois, )
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6 | ) SS.
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7 | County of (name) )
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8 | I, (name of person), certify that I am a registered voter, | ||||||
9 | that I reside
at (address), in the county of (name)
and State | ||||||
10 | of
Illinois, and that the signatures on this sheet were signed | ||||||
11 | in my presence,
and are genuine, and that to the best of my | ||||||
12 | knowledge and belief, the
persons so signing were at the time | ||||||
13 | of signing the petitions qualified
voters, entitled to vote for | ||||||
14 | the office of (name of office), and that
their respective | ||||||
15 | residences are correctly stated, as above set forth.
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16 | ...........................
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17 | Subscribed and sworn to before me this ......... day of | ||||||
18 | ........., 20 ...
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19 | ...........................
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20 | (Official title)
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21 | (Seal, if officer has one)
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22 | (10 ILCS 5/25.5-20 new)
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23 | Sec. 25.5-20. Petition; requirements. The petition shall | ||||||
24 | consist of
sheets having the form specified
in Section 25.5-15 | ||||||
25 | and shall be signed by qualified electors of the unit of
local |
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1 | government or school district entitled to vote for the office | ||||||
2 | held by
the official whose
removal is sought, and opposite the | ||||||
3 | signature of each signer, his or her
residence
address shall be | ||||||
4 | written or printed. The residence address required to be
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5 | written or printed opposite each qualified elector's name shall | ||||||
6 | include the
street address or rural route number of the signer, | ||||||
7 | as the case may be, as
well as the signer's city, village, or | ||||||
8 | town. The county or city,
village, or town, and state of | ||||||
9 | residence of the electors, however, may be
printed on
the | ||||||
10 | petition forms when all of the electors signing the petition | ||||||
11 | reside in
the same county or city, village, or town, and state. | ||||||
12 | Standard
abbreviations may be used in writing the residence | ||||||
13 | address, including
street number, if any.
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14 | A signature shall not be valid unless the requirements of | ||||||
15 | this Section
are complied with and unless the
date of signing | ||||||
16 | is less than 120 days preceding the date of filing the
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17 | petition.
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18 | At the bottom of each sheet shall be added the affidavit in | ||||||
19 | the form
specified in Section 25.5-15 signed by a qualified | ||||||
20 | voter of the
unit of local government or school district | ||||||
21 | entitled to vote for removal
of the elected official in which | ||||||
22 | the
signers of the sheet reside; certifying that the signatures | ||||||
23 | on that
sheet of the petition were signed in his or her | ||||||
24 | presence; and either (1)
indicating the dates on which that | ||||||
25 | sheet was circulated, (2) indicating
the first and last dates | ||||||
26 | on which that sheet was circulated, or (3)
certifying that none |
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1 | of the signatures on the sheet were signed more than
120 days | ||||||
2 | preceding the last day for the filing of the petition;
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3 | certifying that the signatures on the sheet are genuine; and | ||||||
4 | certifying
that to the best of his or her knowledge and belief | ||||||
5 | the persons so signing were
at
the time of signing the | ||||||
6 | petitions qualified voters of the unit of local
government or | ||||||
7 | school district entitled to vote for the office held by the
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8 | official whose removal is being sought.
This affidavit shall be | ||||||
9 | sworn to before an
officer who
is qualified to administer | ||||||
10 | oaths.
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11 | The petition, so verified, or a copy of the petition duly | ||||||
12 | certified by the
proper
persons, shall be prima facie evidence | ||||||
13 | that the signatures, statement of
residence, and dates upon the | ||||||
14 | petition are genuine and true and that the
persons signing the | ||||||
15 | petition are electors qualified to vote for the office
subject
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16 | to removal under this Article.
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17 | The person circulating the petition, or the candidate on | ||||||
18 | whose behalf the
petition is circulated, may strike any | ||||||
19 | signature from the petition, if:
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20 | (i) the person striking the signature initials the | ||||||
21 | petition at the
place where the signature is struck; and
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22 | (ii) the person striking the signature signs a | ||||||
23 | certification listing
the page number and line number of | ||||||
24 | each signature struck from the petition.
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25 | The certification shall be filed as a part of the petition.
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26 | The sheets, before being filed, shall be neatly fastened |
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1 | together in book
form by placing the sheets in a pile and | ||||||
2 | fastening them together at one
edge in a secure and suitable | ||||||
3 | manner, and the sheets shall then be numbered
consecutively. | ||||||
4 | The sheets shall not be fastened by pasting them together
end | ||||||
5 | to end, so as to form a continuous strip or roll. All petition | ||||||
6 | sheets
that are filed with the proper local election officials, | ||||||
7 | election
authorities, or the State Board of Elections shall be | ||||||
8 | the original sheets
that have been signed by the voters and by | ||||||
9 | the circulator of the sheet, and not
photocopies or duplicates | ||||||
10 | of those sheets.
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11 | The petitions, when filed, may not be withdrawn or added | ||||||
12 | to, and no
signature shall be revoked except by revocation | ||||||
13 | filed in writing with the
State Board of Elections, election | ||||||
14 | authority, or local election official
with whom the petition is | ||||||
15 | required to be filed before the filing of the
petition. Whoever | ||||||
16 | forges the name of a signer upon any petition required
by this | ||||||
17 | Article is deemed guilty of a forgery and on conviction
shall | ||||||
18 | be punished accordingly.
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19 | (10 ILCS 5/25.5-25 new)
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20 | Sec. 25.5-25. Objections to petitions. The provisions of | ||||||
21 | Sections
10-8 through 10-10.1 of the
Election Code relating to | ||||||
22 | objections to nominating petitions, hearing on
objections, and | ||||||
23 | judicial review, shall apply to and govern, insofar as may
be | ||||||
24 | practical, objections to petitions for the submission of | ||||||
25 | questions of
recall under this Article.
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1 | The electoral board to hear and pass on objections shall be | ||||||
2 | the electoral
board specified in Section 10-9 to have | ||||||
3 | jurisdiction over objections to the
nominating petitions of | ||||||
4 | candidates for offices in which
the question of recall is | ||||||
5 | proposed to be submitted to the electors.
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6 | (10 ILCS 5/25.5-30 new)
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7 | Sec. 25.5-30. Election on the question. If no objections | ||||||
8 | to a
petition are filed within 5 business
days after the | ||||||
9 | petition is submitted to the appropriate election official,
or | ||||||
10 | if objections are filed and the electoral
board specified in | ||||||
11 | Section 25.5-25 rules the petition sufficient,
then | ||||||
12 | immediately after the expiration of this 5 day period, or | ||||||
13 | immediately
after the receipt by the appropriate election | ||||||
14 | official
with whom the
petition was originally filed,
or from | ||||||
15 | the electoral board of the petition and the certified copy of | ||||||
16 | the electoral board's ruling declaring the petition | ||||||
17 | sufficient, as the case
may be, the appropriate election | ||||||
18 | official
with whom the petition was originally filed shall | ||||||
19 | submit the petition without delay to
the election authority or | ||||||
20 | election authorities within the election
jurisdiction or | ||||||
21 | election jurisdictions where the elected official is
subject to | ||||||
22 | recall, and the election authority or election authorities
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23 | shall order the election demanded in the petition held at the | ||||||
24 | next regular
election or municipal election 78 days after the | ||||||
25 | filing of the petition.
This election shall be
conducted, |
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1 | returned, and the results declared in all respects the
same as | ||||||
2 | in other elections under the general election law.
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3 | If at the election on the question of removal at least a | ||||||
4 | majority of those voting
on the question vote in favor of | ||||||
5 | removal, a vacancy exists in the office
subject to removal.
The | ||||||
6 | vacancy shall be filled in the manner prescribed for
filling | ||||||
7 | vacancies in that office in other cases.
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8 | (10 ILCS 5/25.5-35 new)
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9 | Sec. 25.5-35. Violations. Any officer or employee who
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10 | violates or who wilfully or through culpable negligence fails | ||||||
11 | to comply
with any of the provisions of this Article is
guilty | ||||||
12 | of a Class B misdemeanor
and may be removed from his or her | ||||||
13 | office or employment.
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14 | (10 ILCS 5/25.5-40 new)
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15 | Sec. 25.5-40. Prohibition against future election or | ||||||
16 | appointment. A
person who has been removed from an elective | ||||||
17 | office,
or who has resigned from office while removal | ||||||
18 | proceedings were pending
against that person, shall not be | ||||||
19 | appointed or elected to any office
within one year after the | ||||||
20 | removal or resignation. Not more than one
election for the | ||||||
21 | recall of the same elected official shall be held during
the | ||||||
22 | same term of office.
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law. |