Full Text of HB1100 102nd General Assembly
HB1100ham003 102ND GENERAL ASSEMBLY | Rep. Chris Bos Filed: 4/5/2022
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| 1 | | AMENDMENT TO HOUSE BILL 1100
| 2 | | AMENDMENT NO. ______. Amend House Bill 1100 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Cook | 5 | | County State's Attorney Recall Act. | 6 | | Section 5. Applicability. If this Act conflicts with any | 7 | | other provisions of law, this Act controls notwithstanding | 8 | | those other provisions of law. | 9 | | Section 10. Recall election; Cook County State's Attorney. | 10 | | (a) The recall of the Cook County State's Attorney may be | 11 | | proposed by a petition signed by a number of electors equal in | 12 | | number to at least 5% of the total votes cast for Cook County | 13 | | State's Attorney in the preceding election. A petition shall | 14 | | have been signed by the petitioning electors not more than 150 | 15 | | days after an affidavit has been filed with the Cook County |
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| 1 | | Clerk providing notice of intent to circulate a petition to | 2 | | recall the Cook County State's Attorney. The affidavit may be | 3 | | filed no sooner than 6 months after the beginning of the Cook | 4 | | County State's Attorney's term of office. All proponents of a | 5 | | recall petition must be registered voters who, based on their | 6 | | residence, are qualified to vote for the office of Cook County | 7 | | State's Attorney. | 8 | | (b) The form of the petition, circulation, and procedure | 9 | | for determining the validity and sufficiency of a petition | 10 | | shall be as provided by law. If the petition is valid and | 11 | | sufficient, the Cook County Clerk shall certify the petition | 12 | | not more than 7 days after the date the petition was filed, and | 13 | | the question "Shall (name) be recalled from the office of Cook | 14 | | County State's Attorney?" must be submitted to the electors at | 15 | | a special recall election called by the Cook County Clerk, to | 16 | | occur not more than 60 days after certification of the | 17 | | petition. A recall petition certified by the Cook County Clerk | 18 | | may not be withdrawn and another recall petition may not be | 19 | | initiated against the Cook County State's Attorney within the | 20 | | 6 months after a recall election failed to remove the Cook | 21 | | County State's Attorney or if the Cook County State's Attorney | 22 | | has less than 6 months remaining in his or her term. Any recall | 23 | | petition or recall election pending on the date of the next | 24 | | election at which a candidate for Cook County State's Attorney | 25 | | is elected is void. | 26 | | (c) If a petition to recall the Cook County State's |
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| 1 | | Attorney has been filed with the Cook County Clerk, a person | 2 | | eligible to serve as Cook County State's Attorney may propose | 3 | | his or her candidacy for the special successor primary | 4 | | election by a petition signed by at least 20,000 legal voters | 5 | | of Cook County, signed not more than 50 days after a recall | 6 | | petition has been filed with the Cook County Clerk. All | 7 | | petitions, and procedure with respect thereto, shall conform | 8 | | in other respects to the provisions of the election and ballot | 9 | | laws then in force in Cook County concerning the nomination of | 10 | | independent candidates for public office by petition. If the | 11 | | successor election petition is valid and sufficient, the Cook | 12 | | County Clerk shall certify the petition not more than 60 days | 13 | | after the date the petition to recall the Cook County State's | 14 | | Attorney was filed. | 15 | | If the Cook County State's Attorney is removed by the | 16 | | special recall election, the names of candidates for Cook | 17 | | County State's Attorney must be submitted to the electors at a | 18 | | special successor primary election called by the Cook County | 19 | | Clerk to be held 60 days after the special recall election. If | 20 | | no candidate receives a majority of the votes in the special | 21 | | successor primary election, a special runoff election shall be | 22 | | held no later than 60 days after the special successor primary | 23 | | election, and only the names of the candidates receiving the | 24 | | highest and second highest number of votes at the special | 25 | | successor primary election shall appear on the ballot. If more | 26 | | than one candidate received the highest or second highest |
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| 1 | | number of votes at the special successor primary election, the | 2 | | names of all candidates receiving the highest and second | 3 | | highest number of votes shall appear on the ballot at the | 4 | | special runoff election. The candidate receiving the highest | 5 | | number of votes at the special runoff election shall be | 6 | | declared elected. | 7 | | (d) The Cook County State's Attorney is immediately | 8 | | removed upon certification of the special recall election | 9 | | results if a majority of the electors voting on the question | 10 | | vote to recall the Cook County State's Attorney. If the Cook | 11 | | County State's Attorney is removed, then (i) a special | 12 | | successor primary election or special runoff election shall be | 13 | | held to determine the next Cook County State's Attorney and | 14 | | (ii) if no candidates are presented to the Cook County Clerk | 15 | | within the times required by subsection (c) of this Section, | 16 | | then a replacement Cook County State's Attorney shall be | 17 | | appointed as provided by law for when a vacancy occurs in the | 18 | | office. | 19 | | Section 15. Petitions. | 20 | | (a) The following must be included in any recall petition | 21 | | submitted under this Act: | 22 | | (1) The name and title of the Cook County State's | 23 | | Attorney to be recalled under the petition. | 24 | | (2) A statement, not exceeding 200 words in length, of | 25 | | the reasons for the proposed recall. |
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| 1 | | (3) The printed name, signature, and residential | 2 | | address of each of the proponents of the recall. | 3 | | (b) Within 7 days of the filing of a notice of intent to | 4 | | recall the Cook County State's Attorney, the Cook County | 5 | | State's Attorney may officially file an answer, not exceeding | 6 | | 200 words in length, to the proponents and a statement of | 7 | | defense against the recall attempt. | 8 | | (c) Proponents shall, if possible, publish a notice of | 9 | | intent to circulate a recall petition in an English language | 10 | | newspaper of general circulation in Cook County. If no | 11 | | newspaper operates in Cook County, proponents must post the | 12 | | notice of intent in at least 3 public places.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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