Bill Text: IL HB0097 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Election Code to provide for the recall of local elected officials. Effective immediately.

Sponsorship: Partisan Bill (Democrat 10)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0097 Detail]

Download: Illinois-2011-HB0097-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB0097 Introduced , by Rep. Karen May SYNOPSIS AS INTRODUCED:
10 ILCS 5/2A-1 from Ch. 46, par. 2A-1
10 ILCS 5/Art. 25.5 heading new
10 ILCS 5/25.5-5 new
10 ILCS 5/25.5-10 new
10 ILCS 5/25.5-15 new
10 ILCS 5/25.5-20 new
10 ILCS 5/25.5-25 new
10 ILCS 5/25.5-30 new
10 ILCS 5/25.5-40 new
Amends the Election Code to provide for the recall of local elected officials. Effective immediately.
LRB097 05120 RLJ 45165 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB0097 LRB097 05120 RLJ 45165 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing Section
2A-1 and adding Article 25.5 as follows:
(10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)
(Text of Section WITH the changes made by P.A. 89-719,
which has been held unconstitutional)
Sec. 2A-1. All Elections - Governed by this Code -
Construction of Article 2A.
(a) No public question may be submitted to any voters in
this State, nor may any person be nominated for public office
or elected to public or political party office or removed from
office in a recall election in this State except pursuant to
this Code, notwithstanding the provisions of any other statute
or municipal charter. However, this Code shall not apply to
elections for officers or public questions of local school
councils established pursuant to Chapter 34 of the School Code,
soil and water conservation districts or drainage districts,
except as specifically made applicable by another statute.
(b) All elections in this State shall be held in accordance
with the consolidated schedule of elections established in
Sections 2A-1.1 and 2A-1.2. No election may be held on any date

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other than a date on which an election is scheduled under
Section 2A-1.1, except special elections to fill congressional
vacancies held pursuant to writs of election issued by the
Governor, judicial elections to fill vacancies in the office of
Supreme Court Judge held pursuant to writs of election issued
by the Governor under subsection (a-5) of Section 2A-9,
township referenda and votes of the town electors held at the
annual town meeting, emergency referenda approved pursuant to
Section 2A-1.4, special elections held between January 1, 1995
and July 1, 1995 under Section 34-53 of the School Code, and
city, village or incorporated town primary elections in
even-numbered years expressly authorized in this Article to
provide for annual partisan elections.
(c) At the respective elections established in Section
2A-1.1, candidates shall be elected to office, nominated for
election thereto or placed on the ballot as otherwise required
by this Code, and public questions may be submitted, as
specified in Section 2A-1.2.
(d) If the requirements of Section 2A-1.2 conflict with any
specific provision of Sections 2A-2 through 2A-54, as applied
to any office or election, the requirements of Section 2A-1.2
prevail, and shall be enforced by the State Board of Elections.
(e) In the event any court of competent jurisdiction
declares an election void, the court may order another election
without regard to the schedule of elections set forth in this
Article.

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(Source: P.A. 89-719, eff. 3-7-97.)
(Text of Section WITHOUT the changes made by P.A. 89-719,
which has been held unconstitutional)
Sec. 2A-1. All Elections - Governed by this Code -
Construction of Article 2A.
(a) No public question may be submitted to any voters in
this State, nor may any person be nominated for public office
or elected to public or political party office or removed from
office in a recall election in this State except pursuant to
this Code, notwithstanding the provisions of any other statute
or municipal charter. However, this Code shall not apply to
elections for officers or public questions of local school
councils established pursuant to Chapter 34 of the School Code,
soil and water conservation districts or drainage districts,
except as specifically made applicable by another statute.
(b) All elections in this State shall be held in accordance
with the consolidated schedule of elections established in
Sections 2A-1.1 and 2A-1.2. No election may be held on any date
other than a date on which an election is scheduled under
Section 2A-1.1, except special elections to fill congressional
vacancies held pursuant to writs of election issued by the
Governor, township referenda and votes of the town electors
held at the annual town meeting, emergency referenda approved
pursuant to Section 2A-1.4, special elections held between
January 1, 1995 and July 1, 1995 under Section 34-53 of the

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School Code, and city, village or incorporated town primary
elections in even-numbered years expressly authorized in this
Article to provide for annual partisan elections.
(c) At the respective elections established in Section
2A-1.1, candidates shall be elected to office, nominated for
election thereto or placed on the ballot as otherwise required
by this Code, and public questions may be submitted, as
specified in Section 2A-1.2.
(d) If the requirements of Section 2A-1.2 conflict with any
specific provision of Sections 2A-2 through 2A-54, as applied
to any office or election, the requirements of Section 2A-1.2
prevail, and shall be enforced by the State Board of Elections.
(e) In the event any court of competent jurisdiction
declares an election void, the court may order another election
without regard to the schedule of elections set forth in this
Article.
(Source: P.A. 88-511.)
(10 ILCS 5/Art. 25.5 heading new)
ARTICLE 25.5. RECALL OF LOCAL ELECTED OFFICIALS
(10 ILCS 5/25.5-5 new)
Sec. 25.5-5. Definitions. For the purposes of this
Article:
"Appropriate election official" means the State Board of
Elections in the case of recall of an official elected from a

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district that comprises more than one county, or is partly in
one county and partly in another county or counties; the county
clerk in the case of recall of an official elected to a county
office or trustee of a sanitary district; or the local election
official in the case of recall of an official elected to a
municipal or township office, other than a municipal or
township office where the municipality's or township's
boundaries are co-extensive with or are entirely within the
jurisdiction of a municipal board of election commissioners, in
which case the "appropriate election official" means the
municipal board of election commissioners.
"Local elected official" means any official elected to an
office of a unit of local government. The term does not include
an official elected to an office of a school district.
(10 ILCS 5/25.5-10 new)
Sec. 25.5-10. Removal of local elected official. Every
incumbent local elected official who has been elected to an
office that has a term of more than 2 years is subject to
removal by the electors qualified to vote for that official.
However, a local official who has less than 18 months remaining
in his or her term may not be recalled under this Article. The
procedure to effect the removal of an incumbent of that office
shall be as prescribed in this Article.
(10 ILCS 5/25.5-15 new)

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Sec. 25.5-15. Petition; form. A petition, signed by at
least 20% of the registered voters of the unit of local
government who are entitled to vote for the local elected
official whose removal is sought, shall be filed with the
appropriate election official at least 61 days before the next
regularly scheduled election under this Code and shall be
certified within one day after receipt of the petition. The
petition shall demand an election on the question of whether
the named incumbent elected official shall be removed from
office, the election to be held at the next regularly scheduled
election, and shall contain a general statement of not more
than 200 words of a reason or reasons for the recall that are
related to the official responsibilities of the official whose
removal is sought.
The petition shall be substantially in the following form:
To the appropriate election official of (unit or district):
We, the undersigned electors of (unit or district),
entitled to vote for (name of person) demand an election on the
question of removal from office of (name of person) for the
following reasons: (Here state reasons in not more than 200
words).
Name House Number Street Date of
if any Signing
.... ............ ....... ......

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State of Illinois, )
) SS.
County of (name) )
I, (name of person), certify that I am a registered voter,
that I reside at (address), in the county of (name) and State
of Illinois, and that the signatures on this sheet were signed
in my presence, and are genuine, and that to the best of my
knowledge and belief, the persons so signing were at the time
of signing the petitions qualified voters, entitled to vote for
the office of (name of office), and that their respective
residences are correctly stated, as above set forth.
...........................
Subscribed and sworn to before me this ......... day of
........., 20 ...
...........................
(Official title)
(Seal, if officer has one)
(10 ILCS 5/25.5-20 new)
Sec. 25.5-20. Petition; requirements. The petition shall
consist of sheets having the form specified in Section 25.5-15
and shall be signed by qualified electors of the unit of local
government entitled to vote for the office held by the official
whose removal is sought, and opposite the signature of each
signer, his or her residence address shall be written or
printed. The residence address required to be written or

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printed opposite each qualified elector's name shall include
the street address or rural route number of the signer, as the
case may be, as well as the signer's city, village, or town.
The county or city, village, or town, and state of residence of
the electors, however, may be printed on the petition forms
when all of the electors signing the petition reside in the
same county or city, village, or town, and state. Standard
abbreviations may be used in writing the residence address,
including street number, if any.
A signature shall not be valid unless the requirements of
this Section are complied with and unless the date of signing
is less than 120 days preceding the date of filing the
petition.
At the bottom of each sheet shall be added the affidavit in
the form specified in Section 25.5-15 signed by a qualified
voter of the unit of local government entitled to vote for
removal of the elected official in which the signers of the
sheet reside; certifying that the signatures on that sheet of
the petition were signed in his or her presence; and either (i)
indicating the dates on which that sheet was circulated, (ii)
indicating the first and last dates on which that sheet was
circulated, or (iii) certifying that none of the signatures on
the sheet were signed more than 120 days preceding the last day
for the filing of the petition; certifying that the signatures
on the sheet are genuine; and certifying that to the best of
his or her knowledge and belief the persons so signing were at

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the time of signing the petitions qualified voters of the unit
of local government entitled to vote for the office held by the
official whose removal is being sought. This affidavit shall be
sworn to before an officer who is qualified to administer
oaths.
The petition, so verified, or a copy of the petition duly
certified by the proper persons, shall be prima facie evidence
that the signatures, statement of residence, and dates upon the
petition are genuine and true and that the persons signing the
petition are electors qualified to vote for the office subject
to removal under this Article.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, if:
(i) the person striking the signature initials the
petition at the place where the signature is struck; and
(ii) the person striking the signature signs a
certification listing the page number and line number of
each signature struck from the petition.
The certification shall be filed as a part of the petition.
The sheets, before being filed, shall be neatly fastened
together in book form by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All petition

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sheets that are filed with the proper local election officials,
election authorities, or the State Board of Elections shall be
the original sheets that have been signed by the voters and by
the circulator of the sheet, and not photocopies or duplicates
of those sheets.
The petitions, when filed, may not be withdrawn or added
to, and no signature shall be revoked except by revocation
filed in writing with the State Board of Elections, election
authority, or local election official with whom the petition is
required to be filed before the filing of the petition. Whoever
forges the name of a signer upon any petition required by this
Article is deemed guilty of a forgery and on conviction shall
be punished accordingly.
(10 ILCS 5/25.5-25 new)
Sec. 25.5-25. Objections to petitions. The provisions of
Sections 10-8 through 10-10.1 of the Election Code relating to
objections to nominating petitions, hearing on objections, and
judicial review, shall apply to and govern, insofar as may be
practical, objections to petitions for the submission of
questions of recall under this Article.
The electoral board to hear and pass on objections shall be
the electoral board specified in Section 10-9 to have
jurisdiction over objections to the nominating petitions of
candidates for offices in which the question of recall is
proposed to be submitted to the electors.

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(10 ILCS 5/25.5-30 new)
Sec. 25.5-30. Election on the question. If no objections
to a petition are filed within 5 business days after the
petition is submitted to the appropriate election official, or
if objections are filed and the electoral board specified in
Section 25.5-25 rules the petition sufficient, then
immediately after the expiration of this 5-day period, or
immediately after the receipt by the appropriate election
official with whom the petition was originally filed, or from
the electoral board of the petition and the certified copy of
the electoral board's ruling declaring the petition
sufficient, as the case may be, the appropriate election
official with whom the petition was originally filed shall
submit the petition without delay to the election authority or
election authorities within the election jurisdiction or
election jurisdictions where the elected official is subject to
recall, and the election authority or election authorities
shall order the election demanded in the petition held at the
next regular election or municipal election 78 days after the
filing of the petition. This election shall be conducted,
returned, and the results declared in all respects the same as
in other elections under the general election law.
If at the election on the question of removal at least a
majority of those voting on the question vote in favor of
removal, a vacancy exists in the office subject to removal. The

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vacancy shall be filled in the manner prescribed for filling
vacancies in that office in other cases.
(10 ILCS 5/25.5-40 new)
Sec. 25.5-40. Prohibition against future election or
appointment. A person who has been removed from an elective
office, or who has resigned from office while removal
proceedings were pending against that person, shall not be
appointed or elected to the same office within one year after
the removal or resignation. Not more than one election for the
recall of the same elected official shall be held during the
same term of office.