103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0040

 

Introduced 1/12/2023, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 20/21-24.5 new

    Amends the Revised Cities and Villages Act of 1941. Establishes a procedure for a special recall election to recall the Mayor of Chicago and the election of a successor mayor at a special successor election or special runoff election. Effective immediately.


LRB103 03528 AWJ 48534 b

 

 

A BILL FOR

 

HB0040LRB103 03528 AWJ 48534 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Revised Cities and Villages Act of 1941 is
5amended by adding Section 21-24.5 as follows:
 
6    (65 ILCS 20/21-24.5 new)
7    Sec. 21-24.5. Recall election; Mayor of Chicago.
8    (a) The recall of the Mayor of Chicago may be proposed by a
9petition signed by a number of electors equal in number to at
10least 15% of the total votes cast for Mayor in the preceding
11election at which the Mayor was elected, with at least 50
12signatures from each ward. A petition must be signed by the
13petitioning electors not more than 150 days after an affidavit
14has been filed with the board of election commissioners
15providing notice of intent to circulate a petition to recall
16the Mayor. The affidavit may be filed no sooner than 6 months
17after the beginning of the Mayor's term of office. The
18affidavit must be signed by the proponent of the recall
19petition and at least 2 aldermen.
20    (b) The form of the petition, circulation, and procedure
21for determining the validity and sufficiency of a petition
22shall be as provided by law. If the petition is valid and
23sufficient, the board of election commissioners shall certify

 

 

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1the petition not more than 100 days after the date the petition
2was filed, and the question "Shall (name) be recalled from the
3office of Mayor?" must be submitted to the electors at a
4special recall election called by the board of election
5commissioners and to occur not more than 100 days after
6certification of the petition. A recall petition certified by
7the board of election commissioners may not be withdrawn. If a
8recall petition has been certified by the board of election
9commissioners, then another recall petition may not be
10initiated against the Mayor during the remainder of the
11current term of office of the Mayor. Any recall petition or
12recall election pending on the date of the next election at
13which a candidate for Mayor is elected is void.
14    The Mayor is immediately removed upon certification of the
15special recall election results if a majority of the electors
16voting on the question vote to recall the Mayor. If the Mayor
17is removed, then (i) the Vice Mayor shall serve as Mayor until
18the Mayor elected at the special successor election or special
19runoff election is qualified and (ii) the candidate who
20receives a majority of votes under subsection (c) in the
21special successor election or the candidate who receives the
22highest number of votes in the special runoff election is
23elected Mayor for the balance of the term.
24    (c) If a petition to recall the Mayor has been filed with
25the board of election commissioners, a person eligible to
26serve as Mayor may propose his or her candidacy for the special

 

 

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1successor election by a successor candidate petition signed by
2at least 12,500 legal voters of the City, not more than 50 days
3after a recall petition has been filed with the board of
4election commissioners. All successor candidate petitions and
5procedure with respect to the petitions shall conform in other
6respects to the provisions of the election and ballot laws
7then in force in the City of Chicago concerning the nomination
8of independent candidates for public office by petition. If
9the successor candidate petition is valid and sufficient, the
10board of election commissioners shall certify the petition not
11more than 100 days after the date the petition to recall the
12Mayor was filed.
13    If the Mayor is removed by the special recall election
14under subsection (b), the names of candidates for Mayor whose
15successor candidate petitions were certified by the board of
16election commissions must be submitted to the electors at a
17special successor election called by the board of election
18commissioners to be held 60 days after the special recall
19election. If no candidate receives a majority of the votes in
20the special successor election, a special runoff election
21shall be held no later than 60 days after the special successor
22election, and only the names of the candidates receiving the
23highest and second highest number of votes at the special
24successor election shall appear on the ballot.
25    If more than one candidate received the highest or second
26highest number of votes at the special successor election, the

 

 

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1names of all candidates receiving the highest and second
2highest number of votes shall appear on the ballot at the
3special runoff election. The candidate receiving the highest
4number of votes at the special runoff election shall be
5declared elected.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.