Illinois General Assembly - Full Text of HB1100
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Full Text of HB1100  102nd General Assembly

HB1100ham003 102ND GENERAL ASSEMBLY

Rep. Chris Bos

Filed: 4/5/2022

 

 


 

 


 
10200HB1100ham003LRB102 03114 AWJ 38732 a

1
AMENDMENT TO HOUSE BILL 1100

2    AMENDMENT NO. ______. Amend House Bill 1100 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Cook
5County State's Attorney Recall Act.
 
6    Section 5. Applicability. If this Act conflicts with any
7other provisions of law, this Act controls notwithstanding
8those 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
11proposed by a petition signed by a number of electors equal in
12number to at least 5% of the total votes cast for Cook County
13State's Attorney in the preceding election. A petition shall
14have been signed by the petitioning electors not more than 150
15days after an affidavit has been filed with the Cook County

 

 

10200HB1100ham003- 2 -LRB102 03114 AWJ 38732 a

1Clerk providing notice of intent to circulate a petition to
2recall the Cook County State's Attorney. The affidavit may be
3filed no sooner than 6 months after the beginning of the Cook
4County State's Attorney's term of office. All proponents of a
5recall petition must be registered voters who, based on their
6residence, are qualified to vote for the office of Cook County
7State's Attorney.
8    (b) The form of the petition, circulation, and procedure
9for determining the validity and sufficiency of a petition
10shall be as provided by law. If the petition is valid and
11sufficient, the Cook County Clerk shall certify the petition
12not more than 7 days after the date the petition was filed, and
13the question "Shall (name) be recalled from the office of Cook
14County State's Attorney?" must be submitted to the electors at
15a special recall election called by the Cook County Clerk, to
16occur not more than 60 days after certification of the
17petition. A recall petition certified by the Cook County Clerk
18may not be withdrawn and another recall petition may not be
19initiated against the Cook County State's Attorney within the
206 months after a recall election failed to remove the Cook
21County State's Attorney or if the Cook County State's Attorney
22has less than 6 months remaining in his or her term. Any recall
23petition or recall election pending on the date of the next
24election at which a candidate for Cook County State's Attorney
25is elected is void.
26    (c) If a petition to recall the Cook County State's

 

 

10200HB1100ham003- 3 -LRB102 03114 AWJ 38732 a

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

 

 

10200HB1100ham003- 4 -LRB102 03114 AWJ 38732 a

1number of votes at the special successor primary election, the
2names of all candidates receiving the highest and second
3highest number of votes shall appear on the ballot at the
4special runoff election. The candidate receiving the highest
5number of votes at the special runoff election shall be
6declared elected.
7    (d) The Cook County State's Attorney is immediately
8removed upon certification of the special recall election
9results if a majority of the electors voting on the question
10vote to recall the Cook County State's Attorney. If the Cook
11County State's Attorney is removed, then (i) a special
12successor primary election or special runoff election shall be
13held to determine the next Cook County State's Attorney and
14(ii) if no candidates are presented to the Cook County Clerk
15within the times required by subsection (c) of this Section,
16then a replacement Cook County State's Attorney shall be
17appointed as provided by law for when a vacancy occurs in the
18office.
 
19    Section 15. Petitions.
20    (a) The following must be included in any recall petition
21submitted 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
4recall the Cook County State's Attorney, the Cook County
5State's Attorney may officially file an answer, not exceeding
6200 words in length, to the proponents and a statement of
7defense against the recall attempt.
8    (c) Proponents shall, if possible, publish a notice of
9intent to circulate a recall petition in an English language
10newspaper of general circulation in Cook County. If no
11newspaper operates in Cook County, proponents must post the
12notice of intent in at least 3 public places.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".