97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4648

 

Introduced 2/1/2012, by Rep. Kay Hatcher

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-1  from Ch. 46, par. 2A-1
10 ILCS 5/Art. 25.5 heading new
10 ILCS 5/25.5-5 new
10 ILCS 5/25.5-10 new
10 ILCS 5/25.5-15 new
10 ILCS 5/25.5-20 new
10 ILCS 5/25.5-25 new
10 ILCS 5/25.5-30 new
10 ILCS 5/25.5-40 new

    Amends the Election Code to provide for the recall of local elected officials. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4648LRB097 15591 HLH 60731 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
52A-1 and adding Article 25.5 as follows:
 
6    (10 ILCS 5/2A-1)  (from Ch. 46, par. 2A-1)
7    (Text of Section WITH the changes made by P.A. 89-719,
8which has been held unconstitutional)
9    Sec. 2A-1. All Elections - Governed by this Code -
10Construction of Article 2A.
11    (a) No public question may be submitted to any voters in
12this State, nor may any person be nominated for public office
13or elected to public or political party office or removed from
14office in a recall election in this State except pursuant to
15this Code, notwithstanding the provisions of any other statute
16or municipal charter. However, this Code shall not apply to
17elections for officers or public questions of local school
18councils established pursuant to Chapter 34 of the School Code,
19soil and water conservation districts or drainage districts,
20except as specifically made applicable by another statute.
21    (b) All elections in this State shall be held in accordance
22with the consolidated schedule of elections established in
23Sections 2A-1.1 and 2A-1.2. No election may be held on any date

 

 

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1other than a date on which an election is scheduled under
2Section 2A-1.1, except special elections to fill congressional
3vacancies held pursuant to writs of election issued by the
4Governor, judicial elections to fill vacancies in the office of
5Supreme Court Judge held pursuant to writs of election issued
6by the Governor under subsection (a-5) of Section 2A-9,
7township referenda and votes of the town electors held at the
8annual town meeting, emergency referenda approved pursuant to
9Section 2A-1.4, special elections held between January 1, 1995
10and July 1, 1995 under Section 34-53 of the School Code, and
11city, village or incorporated town primary elections in
12even-numbered years expressly authorized in this Article to
13provide for annual partisan elections.
14    (c) At the respective elections established in Section
152A-1.1, candidates shall be elected to office, nominated for
16election thereto or placed on the ballot as otherwise required
17by this Code, and public questions may be submitted, as
18specified in Section 2A-1.2.
19    (d) If the requirements of Section 2A-1.2 conflict with any
20specific provision of Sections 2A-2 through 2A-54, as applied
21to any office or election, the requirements of Section 2A-1.2
22prevail, and shall be enforced by the State Board of Elections.
23    (e) In the event any court of competent jurisdiction
24declares an election void, the court may order another election
25without regard to the schedule of elections set forth in this
26Article.

 

 

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1(Source: P.A. 89-719, eff. 3-7-97.)
 
2    (Text of Section WITHOUT the changes made by P.A. 89-719,
3which has been held unconstitutional)
4    Sec. 2A-1. All Elections - Governed by this Code -
5Construction of Article 2A.
6    (a) No public question may be submitted to any voters in
7this State, nor may any person be nominated for public office
8or elected to public or political party office or removed from
9office in a recall election in this State except pursuant to
10this Code, notwithstanding the provisions of any other statute
11or municipal charter. However, this Code shall not apply to
12elections for officers or public questions of local school
13councils established pursuant to Chapter 34 of the School Code,
14soil and water conservation districts or drainage districts,
15except as specifically made applicable by another statute.
16    (b) All elections in this State shall be held in accordance
17with the consolidated schedule of elections established in
18Sections 2A-1.1 and 2A-1.2. No election may be held on any date
19other than a date on which an election is scheduled under
20Section 2A-1.1, except special elections to fill congressional
21vacancies held pursuant to writs of election issued by the
22Governor, township referenda and votes of the town electors
23held at the annual town meeting, emergency referenda approved
24pursuant to Section 2A-1.4, special elections held between
25January 1, 1995 and July 1, 1995 under Section 34-53 of the

 

 

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1School Code, and city, village or incorporated town primary
2elections in even-numbered years expressly authorized in this
3Article to provide for annual partisan elections.
4    (c) At the respective elections established in Section
52A-1.1, candidates shall be elected to office, nominated for
6election thereto or placed on the ballot as otherwise required
7by this Code, and public questions may be submitted, as
8specified in Section 2A-1.2.
9    (d) If the requirements of Section 2A-1.2 conflict with any
10specific provision of Sections 2A-2 through 2A-54, as applied
11to any office or election, the requirements of Section 2A-1.2
12prevail, and shall be enforced by the State Board of Elections.
13    (e) In the event any court of competent jurisdiction
14declares an election void, the court may order another election
15without regard to the schedule of elections set forth in this
16Article.
17(Source: P.A. 88-511.)
 
18    (10 ILCS 5/Art. 25.5 heading new)
19
ARTICLE 25.5. RECALL OF LOCAL ELECTED OFFICIALS

 
20    (10 ILCS 5/25.5-5 new)
21    Sec. 25.5-5. Definitions. For the purposes of this
22Article:
23    "Appropriate election official" means the State Board of
24Elections in the case of recall of an official elected from a

 

 

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1district that comprises more than one county, or is partly in
2one county and partly in another county or counties; the county
3clerk in the case of recall of an official elected to a county
4office or trustee of a sanitary district; or the local election
5official in the case of recall of an official elected to a
6municipal or township office, other than a municipal or
7township office where the municipality's or township's
8boundaries are co-extensive with or are entirely within the
9jurisdiction of a municipal board of election commissioners, in
10which case the "appropriate election official" means the
11municipal board of election commissioners.
12    "Local elected official" means any official elected to an
13office of a unit of local government. The term does not include
14an official elected to an office of a school district.
 
15    (10 ILCS 5/25.5-10 new)
16    Sec. 25.5-10. Removal of local elected official. Every
17local elected official is subject to removal by the electors
18qualified to vote for that official. However, a local official
19who has less than 18 months remaining in his or her term may
20not be recalled under this Article. The procedure to effect the
21removal of an incumbent of that office shall be as prescribed
22in this Article.
 
23    (10 ILCS 5/25.5-15 new)
24    Sec. 25.5-15. Petition; form. A petition, signed by at

 

 

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1least 15% of the registered voters of the unit of local
2government who are entitled to vote for the local elected
3official whose removal is sought, shall be filed with the
4appropriate election official at least 61 days before the next
5regularly scheduled election under this Code and shall be
6certified within one day after receipt of the petition. The
7petition shall demand an election on the question of whether
8the named incumbent elected official shall be removed from
9office, the election to be held at the next regularly scheduled
10election, and shall contain a general statement of not more
11than 200 words of a reason or reasons for the recall that are
12related to the official responsibilities of the official whose
13removal is sought.
14    The petition shall be substantially in the following form:
15    To the appropriate election official of (unit or district):
16    We, the undersigned electors of (unit or district),
17entitled to vote for (name of person) demand an election on the
18question of removal from office of (name of person) for the
19following reasons: (Here state reasons in not more than 200
20words).
 
21    Name     House Number    Street    Date of
22                if any                 Signing
23
24    ....    ............    .......    ......
25State of Illinois,   )  

 

 

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1                    )  SS.
2County of (name)     )
3    I, (name of person), certify that I am a registered voter,
4that I reside at (address), in the county of (name) and State
5of Illinois, and that the signatures on this sheet were signed
6in my presence, and are genuine, and that, to the best of my
7knowledge and belief, the persons so signing were at the time
8of signing the petitions qualified voters, entitled to vote for
9the office of (name of office), and that their respective
10residences are correctly stated, as above set forth.
11
...........................
12    Subscribed and sworn to before me this ......... day of
13........., 20 ...
14
...........................
15
(Official title)
   
16(Seal, if officer has one)
 
17    (10 ILCS 5/25.5-20 new)
18    Sec. 25.5-20. Petition; requirements. The petition shall
19consist of sheets having the form specified in Section 25.5-15
20and shall be signed by qualified electors of the unit of local
21government entitled to vote for the office held by the official
22whose removal is sought, and opposite the signature of each
23signer, his or her residence address shall be written or
24printed. The residence address required to be written or
25printed opposite each qualified elector's name shall include

 

 

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1the street address or rural route number of the signer, as the
2case may be, as well as the signer's city, village, or town.
3The county, city, village, or town of residence of the
4electors, however, may be printed on the petition forms when
5all of the electors signing the petition reside in the same
6county, city, village, or town. Standard abbreviations may be
7used in writing the residence address, including street number,
8if any.
9    A signature shall not be valid unless the requirements of
10this Section are complied with and unless the date of signing
11is less than 120 days preceding the date of filing the
12petition.
13    At the bottom of each sheet shall be added the affidavit in
14the form specified in Section 25.5-15 signed by a qualified
15voter of the unit of local government entitled to vote for
16removal of the elected official in which the signers of the
17sheet reside; certifying that the signatures on that sheet of
18the petition were signed in his or her presence; and either (i)
19indicating the dates on which that sheet was circulated, (ii)
20indicating the first and last dates on which that sheet was
21circulated, or (iii) certifying that none of the signatures on
22the sheet were signed more than 120 days preceding the last day
23for the filing of the petition; certifying that the signatures
24on the sheet are genuine; and certifying that to the best of
25his or her knowledge and belief the persons so signing were at
26the time of signing the petitions qualified voters of the unit

 

 

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1of local government entitled to vote for the office held by the
2official whose removal is being sought. This affidavit shall be
3sworn to before an officer who is qualified to administer
4oaths.
5    The petition, so verified, or a copy of the petition duly
6certified by the proper persons, shall be prima facie evidence
7that the signatures, statement of residence, and dates upon the
8petition are genuine and true and that the persons signing the
9petition are electors qualified to vote for the office subject
10to removal under this Article.
11    The person circulating the petition, or the candidate on
12whose behalf the petition is circulated, may strike any
13signature from the petition, if:
14        (i) the person striking the signature initials the
15    petition at the place where the signature is struck; and
16        (ii) the person striking the signature signs a
17    certification listing the page number and line number of
18    each signature struck from the petition.
19    The certification shall be filed as a part of the petition.
20    The sheets, before being filed, shall be neatly fastened
21together in book form by placing the sheets in a pile and
22fastening them together at one edge in a secure and suitable
23manner, and the sheets shall then be numbered consecutively.
24The sheets shall not be fastened by pasting them together end
25to end, so as to form a continuous strip or roll. All petition
26sheets that are filed with the proper local election officials,

 

 

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1election authorities, or the State Board of Elections shall be
2the original sheets that have been signed by the voters and by
3the circulator of the sheet, and not photocopies or duplicates
4of those sheets.
5    The petitions, when filed, may not be withdrawn or added
6to, and no signature shall be revoked except by revocation
7filed in writing with the State Board of Elections, election
8authority, or local election official with whom the petition is
9required to be filed before the filing of the petition. Whoever
10forges the name of a signer upon any petition required by this
11Article is deemed guilty of a forgery and on conviction shall
12be punished accordingly.
 
13    (10 ILCS 5/25.5-25 new)
14    Sec. 25.5-25. Objections to petitions. The provisions of
15Sections 10-8 through 10-10.1 of the Election Code relating to
16objections to nominating petitions, hearing on objections, and
17judicial review shall apply to and govern, insofar as may be
18practical, objections to petitions for the submission of
19questions of recall under this Article.
20    The electoral board to hear and pass on objections shall be
21the electoral board specified in Section 10-9 to have
22jurisdiction over objections to the nominating petitions of
23candidates for offices in which the question of recall is
24proposed to be submitted to the electors.
 

 

 

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1    (10 ILCS 5/25.5-30 new)
2    Sec. 25.5-30. Election on the question. If no objections
3to a petition are filed within 5 business days after the
4petition is submitted to the appropriate election official, or
5if objections are filed and the electoral board specified in
6Section 25.5-25 rules the petition sufficient, then
7immediately after the expiration of this 5-day period, or
8immediately after the receipt by the appropriate election
9official with whom the petition was originally filed, or from
10the electoral board of the petition and the certified copy of
11the electoral board's ruling declaring the petition
12sufficient, as the case may be, the appropriate election
13official with whom the petition was originally filed shall
14submit the petition without delay to the election authority or
15election authorities within the election jurisdiction or
16election jurisdictions where the elected official is subject to
17recall, and the election authority or election authorities
18shall order the election demanded in the petition held at the
19next regular election or municipal election 78 days after the
20filing of the petition. This election shall be conducted,
21returned, and the results declared in all respects the same as
22in other elections under the general election law.
23    If at the election on the question of removal at least a
24majority of those voting on the question vote in favor of
25removal, a vacancy exists in the office subject to removal. The
26vacancy shall be filled in the manner prescribed for filling

 

 

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1vacancies in that office in other cases.
 
2    (10 ILCS 5/25.5-40 new)
3    Sec. 25.5-40. Prohibition against future election or
4appointment. A person who has been removed from an elective
5office, or who has resigned from office while removal
6proceedings were pending against that person, shall not be
7appointed or elected to the same office within one year after
8the removal or resignation. Not more than one election for the
9recall of the same elected official shall be held during the
10same term of office.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.