99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5993

 

Introduced , by Rep. Ed Sullivan

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-10-67 new
65 ILCS 20/21-24.5 new

    Amends the Municipal Code and the Revised Cities and Villages Act of 1941. Establishes a procedure for an election to recall mayors and village presidents. Effective immediately.


LRB099 19675 MGM 44072 b

 

 

A BILL FOR

 

HB5993LRB099 19675 MGM 44072 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 Municipal Code is amended by adding Section
53.1-10-67 as follows:
 
6    (65 ILCS 5/3.1-10-67 new)
7    Sec. 3.1-10-67. Recall election-mayors and village
8presidents.
9    (a) The recall of a mayor or village president may be
10proposed by a petition signed by a number of electors equal in
11number to at least 15% of the total votes cast for that office
12in the preceding election. A petition shall have been signed by
13the petitioning electors not more than 150 days after an
14affidavit has been filed with the local election official
15providing notice of intent to circulate a petition to recall
16the mayor or village president. The affidavit may be filed no
17sooner than 6 months after the beginning of the official's term
18of office. The affidavit shall have been signed by the
19proponent of the recall petition.
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 local election official shall certify the

 

 

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1petition not more than 100 days after the date the petition was
2filed, and the question "Shall (name) be recalled from the
3office of (office)?" must be submitted to the electors at a
4special recall election called by the local election official,
5to occur not more than 100 days after certification of the
6petition. A recall petition certified by the local election
7official may not be withdrawn and another recall petition may
8not be initiated against the mayor or village president during
9the remainder of the current term of office. Any recall
10petition or recall election pending on the date of the next
11election at which a candidate for the office is elected is
12void.
13    (c) If a petition to recall the mayor or village president
14has been filed with the local election official, a person
15eligible to serve as mayor or village president may propose his
16or her candidacy for the special successor primary election by
17a petition signed by the requisite number of legal voters of
18the local government, signed not more than 50 days after a
19recall petition has been filed with the local election
20official. All such petitions, and procedure with respect
21thereto, shall conform in other respects to the provisions of
22the election and ballot laws then in force concerning the
23nomination of independent candidates for public office by
24petition. If the successor election petition is valid and
25sufficient, the local election official shall certify the
26petition not more than 100 days after the date the petition to

 

 

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1recall the mayor or village president was filed.
2    If the mayor or village president is removed by the special
3recall election, the names of candidates for mayor or village
4president must be submitted to the electors at a special
5successor primary election called by the local election
6official to be held 60 days after the special recall election.
7If no candidate receives a majority of the votes in the special
8successor primary election, a special runoff election shall be
9held no later than 60 days after the special successor primary
10election, and only the names of the candidates receiving the
11highest and second highest number of votes at the special
12successor primary election shall appear on the ballot. If more
13than one candidate received the highest or second highest
14number of votes at the special successor primary election, the
15names of all candidates receiving the highest and second
16highest number of votes shall appear on the ballot at the
17special runoff election. The candidate receiving the highest
18number of votes at the special runoff election shall be
19declared elected.
20    (d) The mayor or village president is immediately removed
21upon certification of the special recall election results if a
22majority of the electors voting on the question vote to recall
23the mayor or village president. If the official is removed,
24then (i) the Vice Mayor or other individual selected by the
25city council or village board shall serve until the mayor or
26village president elected at the special successor primary

 

 

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1election or special runoff election is qualified and (ii) the
2candidate who receives a majority of votes in the special
3primary election or the candidate who receives the highest
4number of votes in the special runoff election is elected mayor
5or village president for the balance of the term.
 
6    Section 10. The Revised Cities and Villages Act of 1941 is
7amended by adding Section 21-24.5 as follows:
 
8    (65 ILCS 20/21-24.5 new)
9    Sec. 21-24.5. Recall election-Mayor of Chicago.
10    (a) The recall of the Mayor of Chicago may be proposed by a
11petition signed by a number of electors equal in number to at
12least 15% of the total votes cast for Mayor in the preceding
13election, with at least 50 signatures from each ward. A
14petition shall have been signed by the petitioning electors not
15more than 150 days after an affidavit has been filed with the
16board of election commissioners providing notice of intent to
17circulate a petition to recall the Mayor. The affidavit may be
18filed no sooner than 6 months after the beginning of the
19Mayor's term of office. The affidavit shall have been signed by
20the proponent of the recall petition and at least 2 aldermen.
21    (b) The form of the petition, circulation, and procedure
22for determining the validity and sufficiency of a petition
23shall be as provided by law. If the petition is valid and
24sufficient, 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, 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 and
8another recall petition may not be initiated against the Mayor
9during the remainder of the current term of office. Any recall
10petition or recall election pending on the date of the next
11election at which a candidate for Mayor is elected is void.
12    (c) If a petition to recall the Mayor has been filed with
13the board of election commissioners, a person eligible to serve
14as Mayor may propose his or her candidacy for the special
15successor primary election by a petition signed by at least
1612,500 legal voters of the city, signed not more than 50 days
17after a recall petition has been filed with the board of
18election commissioners. All such petitions, and procedure with
19respect thereto, shall conform in other respects to the
20provisions of the election and ballot laws then in force in the
21city of Chicago concerning the nomination of independent
22candidates for public office by petition. If the successor
23election petition is valid and sufficient, the board of
24election commissioners shall certify the petition not more than
25100 days after the date the petition to recall the Mayor was
26filed.

 

 

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1    If the Mayor is removed by the special recall election, the
2names of candidates for Mayor must be submitted to the electors
3at a special successor primary election called by the board of
4election commissioners to be held 60 days after the special
5recall election. If no candidate receives a majority of the
6votes in the special successor primary election, a special
7runoff election shall be held no later than 60 days after the
8special successor primary election, and only the names of the
9candidates receiving the highest and second highest number of
10votes at the special successor primary election shall appear on
11the ballot. If more than one candidate received the highest or
12second highest number of votes at the special successor primary
13election, the names of all candidates receiving the highest and
14second highest number of votes shall appear on the ballot at
15the special runoff election. The candidate receiving the
16highest number of votes at the special runoff election shall be
17declared elected.
18    (d) The Mayor is immediately removed upon certification of
19the special recall election results if a majority of the
20electors voting on the question vote to recall the Mayor. If
21the Mayor is removed, then (i) the Vice Mayor shall serve until
22the Mayor elected at the special successor primary election or
23special runoff election is qualified and (ii) the candidate who
24receives a majority of votes in the special primary election or
25the candidate who receives the highest number of votes in the
26special runoff election is elected Mayor for the balance of the

 

 

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1term.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.