Illinois General Assembly - Full Text of HB2397
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Full Text of HB2397  102nd General Assembly

HB2397 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2397

 

Introduced 2/17/2021, by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Chicago Officer Recall Act (referred to as the Laquan McDonald Law). Establishes a procedure for an election to recall the Mayor of Chicago, an alderman of the City of Chicago, and the Cook County State's Attorney. Effective immediately.


LRB102 13934 SMS 19285 b

 

 

A BILL FOR

 

HB2397LRB102 13934 SMS 19285 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 1. Short title.
5    (a) Short title. This Act may be cited as the Chicago
6Officer Recall Act.
7    (b) References to Act. This Act may be referred to as the
8Laquan McDonald Law.
 
9    Section 5. Applicability. If this Act conflicts with any
10other provisions of law, this Act shall control
11notwithstanding those other provisions of law.
 
12    Section 10. Definitions. As used in this Act:
13    "Alderman" means an alderman of the City of Chicago.
14    "Board of election commissioners" means the Board of
15Election Commissioners for the City of Chicago.
16    "Mayor" means the Mayor of Chicago.
17    "Proponent" means a voter who initiates a recall petition
18and has control over circulating and obtaining signatures for
19the recall petition.
 
20    Section 15. Mayor of Chicago recall election.
21    (a) The recall of the Mayor of Chicago may be proposed by a

 

 

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1petition signed by a number of electors equal in number to at
2least 10% of the total votes cast for Mayor in the preceding
3election. A petition shall have been signed by the petitioning
4electors not more than 150 days after an affidavit has been
5filed with the board of election commissioners providing
6notice of intent to circulate a petition to recall the Mayor.
7The affidavit may be filed no sooner than 6 months after the
8beginning of the Mayor's term of office. The affidavit shall
9have been signed by the proponent of the recall petition and at
10least 2 aldermen. All proponents of a recall petition must be
11registered voters who, based on their residence, are qualified
12to vote for the office of Mayor.
13    (b) The form of the petition, circulation, and procedure
14for determining the validity and sufficiency of a petition
15shall be as provided by law. If the petition is valid and
16sufficient, the board of election commissioners shall certify
17the petition not more than 7 days after the date the petition
18was filed, and the question "Shall (name) be recalled from the
19office of Mayor?" must be submitted to the electors at a
20special recall election called by the board of election
21commissioners, to occur not more than 60 days after
22certification of the petition. A recall petition certified by
23the board of election commissioners may not be withdrawn and
24another recall petition may not be initiated against the Mayor
25within the 6 months after a recall election failed to remove
26the Mayor or if the Mayor has less than 6 months remaining in

 

 

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1his or her term. Any recall petition or recall election
2pending on the date of the next election at which a candidate
3for Mayor is elected is void.
4    (c) If a petition to recall the Mayor has been filed with
5the board of election commissioners, a person eligible to
6serve as Mayor may propose his or her candidacy for the special
7successor primary election by a petition signed by at least
812,500 legal voters of the city, signed not more than 50 days
9after a recall petition has been filed with the board of
10election commissioners. All petitions, and procedure with
11respect thereto, shall conform in other respects to the
12provisions of the election and ballot laws then in force in the
13City of Chicago concerning the nomination of independent
14candidates for public office by petition. If the successor
15election petition is valid and sufficient, the board of
16election commissioners shall certify the petition not more
17than 60 days after the date the petition to recall the Mayor
18was filed.
19    If the Mayor is removed by the special recall election,
20the names of candidates for Mayor must be submitted to the
21electors at a special successor primary election called by the
22board of election commissioners to be held 60 days after the
23special recall election. If no candidate receives a majority
24of the votes in the special successor primary election, a
25special runoff election shall be held no later than 60 days
26after the special successor primary election, and only the

 

 

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1names of the candidates receiving the highest and second
2highest number of votes at the special successor primary
3election shall appear on the ballot. If more than one
4candidate received the highest or second highest number of
5votes at the special successor primary election, the names of
6all candidates receiving the highest and second highest number
7of votes shall appear on the ballot at the special runoff
8election. The candidate receiving the highest number of votes
9at the special runoff election shall be declared elected.
10    (d) The Mayor is immediately removed upon certification of
11the special recall election results if a majority of the
12electors voting on the question vote to recall the Mayor. If
13the Mayor is removed, then (i) the Vice Mayor shall serve until
14the Mayor elected at the special successor primary election or
15special runoff election is qualified and (ii) the candidate
16who receives a majority of votes in the special primary
17election or the candidate who receives the highest number of
18votes in the special runoff election is elected Mayor for the
19balance of the term.
 
20    Section 20. Chicago Alderman recall election.
21    (a) The recall of any alderman of the City of Chicago may
22be proposed by a petition signed by a number of electors equal
23in number to at least 10% of the total votes cast in the
24preceding aldermanic election in that ward, or 3 times the
25amount of signatures needed to be nominated by law, whichever

 

 

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1is greater. A petition shall have been signed by the
2petitioning electors not more than 150 days after an affidavit
3has been filed with the board of election commissioners
4providing notice of intent to circulate a petition to recall
5the alderman. The affidavit may be filed no sooner than 6
6months after the beginning of the alderman's term of office.
7All proponents of a recall petition must be registered voters
8who, based on their residence, are qualified to vote for the
9alderman against which the recall petition is filed.
10    (b) The form of the petition, circulation, and procedure
11for determining the validity and sufficiency of a petition
12shall be as provided by law. If the petition is valid and
13sufficient, the board of election commissioners shall certify
14the petition not more than 7 days after the date the petition
15was filed, and the question "Shall (name) be recalled from the
16office of Alderman for the (ward number) Ward?" must be
17submitted to the electors at a special recall election called
18by the board of election commissioners, to occur not more than
1960 days after certification of the petition. A recall petition
20certified by the board of election commissioners may not be
21withdrawn and another recall petition may not be initiated
22against the alderman within the 6 months after a recall
23election failed to remove the alderman or if the alderman has
24less than 6 months remaining in his or her term. Any recall
25petition or recall election pending on the date of the next
26election at which a candidate for alderman is elected is void.

 

 

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

 

 

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1candidate received the highest or second highest number of
2votes at the special successor primary election, the names of
3all candidates receiving the highest and second highest number
4of votes shall appear on the ballot at the special runoff
5election. The candidate receiving the highest number of votes
6at the special runoff election shall be declared elected.
7    (d) The alderman is immediately removed upon certification
8of the special recall election results if a majority of the
9electors voting on the question vote to recall the alderman.
10If the alderman is removed, then (i) a special successor
11primary election or special runoff election shall be held to
12determine the next alderman and (ii) if no candidates are
13presented to the board of election commissioners within the
14times required by subsection (c) of this Section, then a
15replacement alderman shall be appointed as provided by law in
16the event of a vacancy in the office.
 
17    Section 25. Cook County State's Attorney recall election.
18    (a) The recall of the Cook County State's Attorney may be
19proposed by a petition signed by a number of electors equal in
20number to at least 5% of the total votes cast for Cook County
21State's Attorney in the preceding election. A petition shall
22have been signed by the petitioning electors not more than 150
23days after an affidavit has been filed with the Cook County
24Clerk providing notice of intent to circulate a petition to
25recall the Cook County State's Attorney. The affidavit may be

 

 

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1filed no sooner than 6 months after the beginning of the Cook
2County State's Attorney's term of office. All proponents of a
3recall petition must be registered voters who, based on their
4residence, are qualified to vote for the office of Cook County
5State's Attorney.
6    (b) The form of the petition, circulation, and procedure
7for determining the validity and sufficiency of a petition
8shall be as provided by law. If the petition is valid and
9sufficient, the Cook County Clerk shall certify the petition
10not more than 7 days after the date the petition was filed, and
11the question "Shall (name) be recalled from the office of Cook
12County State's Attorney?" must be submitted to the electors at
13a special recall election called by the Cook County Clerk, to
14occur not more than 60 days after certification of the
15petition. A recall petition certified by the Cook County Clerk
16may not be withdrawn and another recall petition may not be
17initiated against the Cook County State's Attorney within the
186 months after a recall election failed to remove the Cook
19County State's Attorney or if the Cook County State's Attorney
20has less than 6 months remaining in his or her term. Any recall
21petition or recall election pending on the date of the next
22election at which a candidate for Cook County State's Attorney
23is elected is void.
24    (c) If a petition to recall the Cook County State's
25Attorney has been filed with the Cook County Clerk, a person
26eligible to serve as Cook County State's Attorney may propose

 

 

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1his or her candidacy for the special successor primary
2election by a petition signed by at least 20,000 legal voters
3of Cook County, signed not more than 50 days after a recall
4petition has been filed with the Cook County Clerk. All
5petitions, and procedure with respect thereto, shall conform
6in other respects to the provisions of the election and ballot
7laws then in force in Cook County concerning the nomination of
8independent candidates for public office by petition. If the
9successor election petition is valid and sufficient, the Cook
10County Clerk shall certify the petition not more than 60 days
11after the date the petition to recall the Cook County State's
12Attorney was filed.
13    If the Cook County State's Attorney is removed by the
14special recall election, the names of candidates for Cook
15County State's Attorney must be submitted to the electors at a
16special successor primary election called by the Cook County
17Clerk to be held 60 days after the special recall election. If
18no candidate receives a majority of the votes in the special
19successor primary election, a special runoff election shall be
20held no later than 60 days after the special successor primary
21election, and only the names of the candidates receiving the
22highest and second highest number of votes at the special
23successor primary election shall appear on the ballot. If more
24than one candidate received the highest or second highest
25number of votes at the special successor primary election, the
26names of all candidates receiving the highest and second

 

 

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1highest number of votes shall appear on the ballot at the
2special runoff election. The candidate receiving the highest
3number of votes at the special runoff election shall be
4declared elected.
5    (d) The Cook County State's Attorney is immediately
6removed upon certification of the special recall election
7results if a majority of the electors voting on the question
8vote to recall the Cook County State's Attorney. If the Cook
9County State's Attorney is removed, then (i) a special
10successor primary election or special runoff election shall be
11held to determine the next Cook County State's Attorney and
12(ii) if no candidates are presented to the Cook County Clerk
13within the times required by subsection (c) of this Section,
14then a replacement Cook County State's Attorney shall be
15appointed as provided by law in the event of a vacancy in the
16office.
 
17    Section 30. Petitions.
18    (a) The following must be included in any recall petition
19submitted under this Act:
20        (1) The name and title of the officer to be recalled
21    under the petition.
22        (2) A statement, not exceeding 200 words in length, of
23    the reasons for the proposed recall.
24        (3) The printed name, signature, and residential
25    address of each of the proponents of the recall.

 

 

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1    (b) Within 7 days of the filing of a notice of intent to
2recall the officer, the officer against whom a recall petition
3is being attempted can officially file an answer, not
4exceeding 200 words in length, to the proponents and a
5statement of defense against the recall attempt.
6    (c) Proponents shall, if possible, publish a notice of
7intent to circulate a recall petition in an English language
8newspaper of general circulation in the relevant jurisdiction.
9If no newspaper operates in the jurisdiction of the officer to
10be recalled, proponents must post the notice of intent in at
11least 3 public places.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.