Full Text of HB5993 99th General Assembly
HB5993 99TH GENERAL ASSEMBLY |
| | 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.
|
| |
| | A BILL FOR |
|
| | | HB5993 | | LRB099 19675 MGM 44072 b |
|
| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Municipal Code is amended by adding Section | 5 | | 3.1-10-67 as follows: | 6 | | (65 ILCS 5/3.1-10-67 new) | 7 | | Sec. 3.1-10-67. Recall election-mayors and village | 8 | | presidents. | 9 | | (a) The recall of a mayor or village president may be | 10 | | proposed by a petition signed by a number of electors equal in | 11 | | number to at least 15% of the total votes cast for that office | 12 | | in the preceding election. A petition shall have been signed by | 13 | | the petitioning electors not more than 150 days after an | 14 | | affidavit has been filed with the local election official | 15 | | providing notice of intent to circulate a petition to recall | 16 | | the mayor or village president. The affidavit may be filed no | 17 | | sooner than 6 months after the beginning of the official's term | 18 | | of office. The affidavit shall have been signed by the | 19 | | proponent of the recall petition. | 20 | | (b) The form of the petition, circulation, and procedure | 21 | | for determining the validity and sufficiency of a petition | 22 | | shall be as provided by law. If the petition is valid and | 23 | | sufficient, the local election official shall certify the |
| | | HB5993 | - 2 - | LRB099 19675 MGM 44072 b |
|
| 1 | | petition not more than 100 days after the date the petition was | 2 | | filed, and the question "Shall (name) be recalled from the | 3 | | office of (office)?" must be submitted to the electors at a | 4 | | special recall election called by the local election official, | 5 | | to occur not more than 100 days after certification of the | 6 | | petition. A recall petition certified by the local election | 7 | | official may not be withdrawn and another recall petition may | 8 | | not be initiated against the mayor or village president during | 9 | | the remainder of the current term of office. Any recall | 10 | | petition or recall election pending on the date of the next | 11 | | election at which a candidate for the office is elected is | 12 | | void. | 13 | | (c) If a petition to recall the mayor or village president | 14 | | has been filed with the local election official, a person | 15 | | eligible to serve as mayor or village president may propose his | 16 | | or her candidacy for the special successor primary election by | 17 | | a petition signed by the requisite number of legal voters of | 18 | | the local government, signed not more than 50 days after a | 19 | | recall petition has been filed with the local election | 20 | | official. All such petitions, and procedure with respect | 21 | | thereto, shall conform in other respects to the provisions of | 22 | | the election and ballot laws then in force concerning the | 23 | | nomination of independent candidates for public office by | 24 | | petition. If the successor election petition is valid and | 25 | | sufficient, the local election official shall certify the | 26 | | petition not more than 100 days after the date the petition to |
| | | HB5993 | - 3 - | LRB099 19675 MGM 44072 b |
|
| 1 | | recall the mayor or village president was filed. | 2 | | If the mayor or village president is removed by the special | 3 | | recall election, the names of candidates for mayor or village | 4 | | president must be submitted to the electors at a special | 5 | | successor primary election called by the local election | 6 | | official to be held 60 days after the special recall election. | 7 | | If no candidate receives a majority of the votes in the special | 8 | | successor primary election, a special runoff election shall be | 9 | | held no later than 60 days after the special successor primary | 10 | | election, and only the names of the candidates receiving the | 11 | | highest and second highest number of votes at the special | 12 | | successor primary election shall appear on the ballot. If more | 13 | | than one candidate received the highest or second highest | 14 | | number of votes at the special successor primary election, the | 15 | | names of all candidates receiving the highest and second | 16 | | highest number of votes shall appear on the ballot at the | 17 | | special runoff election. The candidate receiving the highest | 18 | | number of votes at the special runoff election shall be | 19 | | declared elected. | 20 | | (d) The mayor or village president is immediately removed | 21 | | upon certification of the special recall election results if a | 22 | | majority of the electors voting on the question vote to recall | 23 | | the mayor or village president. If the official is removed, | 24 | | then (i) the Vice Mayor or other individual selected by the | 25 | | city council or village board shall serve until the mayor or | 26 | | village president elected at the special successor primary |
| | | HB5993 | - 4 - | LRB099 19675 MGM 44072 b |
|
| 1 | | election or special runoff election is qualified and (ii) the | 2 | | candidate who receives a majority of votes in the special | 3 | | primary election or the candidate who receives the highest | 4 | | number of votes in the special runoff election is elected mayor | 5 | | or village president for the balance of the term. | 6 | | Section 10. The Revised Cities and Villages Act of 1941 is | 7 | | amended 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 | 11 | | petition signed by a number of electors equal in number to at | 12 | | least 15% of the total votes cast for Mayor in the preceding | 13 | | election, with at least 50 signatures from each ward. A | 14 | | petition shall have been signed by the petitioning electors not | 15 | | more than 150 days after an affidavit has been filed with the | 16 | | board of election commissioners providing notice of intent to | 17 | | circulate a petition to recall the Mayor. The affidavit may be | 18 | | filed no sooner than 6 months after the beginning of the | 19 | | Mayor's term of office. The affidavit shall have been signed by | 20 | | the proponent of the recall petition and at least 2 aldermen. | 21 | | (b) The form of the petition, circulation, and procedure | 22 | | for determining the validity and sufficiency of a petition | 23 | | shall be as provided by law. If the petition is valid and | 24 | | sufficient, the board of election commissioners shall certify |
| | | HB5993 | - 5 - | LRB099 19675 MGM 44072 b |
|
| 1 | | the petition not more than 100 days after the date the petition | 2 | | was filed, and the question "Shall (name) be recalled from the | 3 | | office of Mayor?" must be submitted to the electors at a | 4 | | special recall election called by the board of election | 5 | | commissioners, to occur not more than 100 days after | 6 | | certification of the petition. A recall petition certified by | 7 | | the board of election commissioners may not be withdrawn and | 8 | | another recall petition may not be initiated against the Mayor | 9 | | during the remainder of the current term of office. Any recall | 10 | | petition or recall election pending on the date of the next | 11 | | election at which a candidate for Mayor is elected is void. | 12 | | (c) If a petition to recall the Mayor has been filed with | 13 | | the board of election commissioners, a person eligible to serve | 14 | | as Mayor may propose his or her candidacy for the special | 15 | | successor primary election by a petition signed by at least | 16 | | 12,500 legal voters of the city, signed not more than 50 days | 17 | | after a recall petition has been filed with the board of | 18 | | election commissioners. All such petitions, and procedure with | 19 | | respect thereto, shall conform in other respects to the | 20 | | provisions of the election and ballot laws then in force in the | 21 | | city of Chicago concerning the nomination of independent | 22 | | candidates for public office by petition. If the successor | 23 | | election petition is valid and sufficient, the board of | 24 | | election commissioners shall certify the petition not more than | 25 | | 100 days after the date the petition to recall the Mayor was | 26 | | filed. |
| | | HB5993 | - 6 - | LRB099 19675 MGM 44072 b |
|
| 1 | | If the Mayor is removed by the special recall election, the | 2 | | names of candidates for Mayor must be submitted to the electors | 3 | | at a special successor primary election called by the board of | 4 | | election commissioners to be held 60 days after the special | 5 | | recall election. If no candidate receives a majority of the | 6 | | votes in the special successor primary election, a special | 7 | | runoff election shall be held no later than 60 days after the | 8 | | special successor primary election, and only the names of the | 9 | | candidates receiving the highest and second highest number of | 10 | | votes at the special successor primary election shall appear on | 11 | | the ballot. If more than one candidate received the highest or | 12 | | second highest number of votes at the special successor primary | 13 | | election, the names of all candidates receiving the highest and | 14 | | second highest number of votes shall appear on the ballot at | 15 | | the special runoff election. The candidate receiving the | 16 | | highest number of votes at the special runoff election shall be | 17 | | declared elected. | 18 | | (d) The Mayor is immediately removed upon certification of | 19 | | the special recall election results if a majority of the | 20 | | electors voting on the question vote to recall the Mayor. If | 21 | | the Mayor is removed, then (i) the Vice Mayor shall serve until | 22 | | the Mayor elected at the special successor primary election or | 23 | | special runoff election is qualified and (ii) the candidate who | 24 | | receives a majority of votes in the special primary election or | 25 | | the candidate who receives the highest number of votes in the | 26 | | special runoff election is elected Mayor for the balance of the |
| | | HB5993 | - 7 - | LRB099 19675 MGM 44072 b |
|
| 1 | | term.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
|
|