Illinois General Assembly - Full Text of HB0340
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Full Text of HB0340  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/29/2021, by Rep. Mark Batinick and Brad Halbrook


New Act

    Creates the Local Government Elected Official Recall Act. Provides that local officeholders that were elected during a general consolidated election may be recalled under the Act. Establishes petition requirements for recall elections. Limits home rule powers.

LRB102 04472 AWJ 14490 b





HB0340LRB102 04472 AWJ 14490 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 1. Short title. This Act may be cited as the Local
5Government Elected Official Recall Act.
6    Section 5. Local government recall elections.
7    (a) Notwithstanding any other provision of law, local
8officeholders that were elected during a general consolidated
9election may be recalled under this Act.
10    (b) In order to recall an elected official under this Act,
11the organizer of the petitions of the recall must (1) reside
12within the jurisdiction that the official represents and (2)
13file with the local election authority petitions meeting the
14following signature requirements of voters registered in that
15jurisdiction supporting the recall: signatures representing
1625% of the votes cast in that jurisdiction in the last election
17for Governor or 10,000 signatures of residents of the
18jurisdiction, whichever is less.
19    Before circulating petitions for a recall election, the
20petitioner must file with the appropriate election authority.
21Such filing shall contain the name of the petitioner
22requesting the recall, the officeholder to be recalled, and
23the reason for the recall. Circulation of petitions may only



HB0340- 2 -LRB102 04472 AWJ 14490 b

1begin after the filing of the intent to recall. The recall
2petitions shall follow the same general format as petitions
3for running for office, but shall include the words "RECALL
4PETITION" on the top of each form with the reason for the
5recall also printed on the form.
6    The intent to recall may be filed any time after an
7officeholder has been in office for more than one year. Recall
8petitions can only be circulated between 120 and 180 days
9before a general consolidated election and after the intent to
10recall has been filed. Petitions can be filed anytime between
11120 and 180 days before a general consolidated election.
12    (c) All recall elections under this Act shall be conducted
13during consolidated elections. The ballot question or the
14recall shall read as follows:
15    "Should (elected official) be recalled from (his or her)
16    positions as (title of position)? (YES/NO)
17    If (elected official) is recalled, who do you support to
18    replace (him or her)?
19    (Elected official).
20    (Candidate).
21    (Candidate)."
22    (d) Replacement candidates wishing to be listed on the
23recall ballot shall be certified under the same procedures as
24if they were running for the applicable office in a standard
25election, except for the petition circulation and filing of
26petitions shall only be between the time the intent to recall



HB0340- 3 -LRB102 04472 AWJ 14490 b

1is filed and 90 days before the election. Candidates running
2to replace the recalled officeholder shall state clearly on
3their petitions which officeholder they are seeking to
5    (e) There shall be no primary or runoff election after a
6recall election. The top vote-getter or vote-getters in the
7recall election shall replace the elected official or
8officials that were recalled.
9    (f) The procedure to be certified to run in the recall
10election shall be the same as being nominated and certified in
11the standard election for the office to be filled. Challenges
12to recall petitions shall follow the same procedures as
13challenges to petitions under the Election Code.
14    (g) If multiple officeholders from the same public office
15or district are being recalled, each recall question must be
16asked separately. All candidates running as replacements for
17that office and the current officeholder shall be on the
18ballot beneath the recall question.
19    Section 10. Home Rule. A home rule unit may not regulate
20the recall of local officeholders that were elected during a
21general consolidated election in a manner inconsistent with
22this Act. This Act is a limitation under subsection (i) of
23Section 6 of Article VII of the Illinois Constitution on the
24concurrent exercise by home rule units of powers and functions
25exercised by the State.