Full Text of HB1943 095th General Assembly
HB1943 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1943
Introduced 2/23/2007, by Rep. Paul D. Froehlich - Mike Boland SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/2A-1 |
from Ch. 46, par. 2A-1 |
10 ILCS 5/Art. 25.5 heading new |
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10 ILCS 5/25.5-5 new |
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10 ILCS 5/25.5-10 new |
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10 ILCS 5/25.5-15 new |
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10 ILCS 5/25.5-20 new |
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10 ILCS 5/25.5-25 new |
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10 ILCS 5/25.5-30 new |
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10 ILCS 5/25.5-35 new |
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10 ILCS 5/25.5-40 new |
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Amends the Election Code to provide for the recall of local elected
officials. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY |
FISCAL NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1943 |
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LRB095 06596 JAM 26700 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 2A-1 and
adding Article 25.5 as follows:
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| (10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)
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| (Text of Section WITHOUT the changes made by P.A. 89-719, | 8 |
| which has been
held unconstitutional)
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| Sec. 2A-1. All Elections - Governed by this Code - | 10 |
| Construction of
Article 2A.
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| (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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| (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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HB1943 |
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LRB095 06596 JAM 26700 b |
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| 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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| 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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| Article to provide for annual partisan elections.
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| (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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| (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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| (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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| (Source: P.A. 88-511.)
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| (10 ILCS 5/Art. 25.5 heading new)
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| ARTICLE 25.5. RECALL OF LOCAL ELECTED OFFICIALS | 2 |
| (10 ILCS 5/25.5-5 new)
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| Sec. 25.5-5. Definitions. For the purposes of this | 4 |
| Article:
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| "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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| 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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| 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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| "Local elected official" means any
official elected to an
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| office of a unit of local government or school district.
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| (10 ILCS 5/25.5-10 new)
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| 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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| The procedure to effect the removal of an incumbent of that | 2 |
| office shall
be as prescribed in this Article.
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| (10 ILCS 5/25.5-15 new)
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| 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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| The petition shall be substantially in the following form:
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| To the appropriate election official of (unit or district):
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| 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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| Name House Number Street Date of | 2 |
| if any Signing
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| .... ............ ....... ......
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| State of Illinois, )
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| ) SS.
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| County of (name) )
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| 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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| ...........................
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| Subscribed and sworn to before me this ......... day of | 18 |
| ........., 20 ...
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| ...........................
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| (Official title)
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| (Seal, if officer has one)
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| (10 ILCS 5/25.5-20 new)
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| 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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| 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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| 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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| 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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| petition.
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| 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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| 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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| 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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| 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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| 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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| to removal under this Article.
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| 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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| (i) the person striking the signature initials the | 21 |
| petition at the
place where the signature is struck; and
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| (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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| The certification shall be filed as a part of the petition.
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| The sheets, before being filed, shall be neatly fastened |
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| 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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| 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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| (10 ILCS 5/25.5-25 new)
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| 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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| 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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| (10 ILCS 5/25.5-30 new)
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| 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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| 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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| returned, and the results declared in all respects the
same as | 2 |
| in other elections under the general election law.
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| 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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| (10 ILCS 5/25.5-35 new)
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| Sec. 25.5-35. Violations. Any officer or employee who
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| 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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| (10 ILCS 5/25.5-40 new)
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| 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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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law. |
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