Bill Text: IL HB2397 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Chicago Officer Recall Act (referred to as the Laquan McDonald Law). Establishes a procedure for an election to recall the Mayor of Chicago, an alderman of the City of Chicago, and the Cook County State's Attorney. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2397 Detail]

Download: Illinois-2021-HB2397-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2397 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
New Act
Creates the Chicago Officer Recall Act (referred to as the Laquan McDonald Law). Establishes a procedure for an election to recall the Mayor of Chicago, an alderman of the City of Chicago, and the Cook County State's Attorney. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title.
(a) Short title. This Act may be cited as the Chicago
Officer Recall Act.
(b) References to Act. This Act may be referred to as the
Laquan McDonald Law.
Section 5. Applicability. If this Act conflicts with any
other provisions of law, this Act shall control
notwithstanding those other provisions of law.
Section 10. Definitions. As used in this Act:
"Alderman" means an alderman of the City of Chicago.
"Board of election commissioners" means the Board of
Election Commissioners for the City of Chicago.
"Mayor" means the Mayor of Chicago.
"Proponent" means a voter who initiates a recall petition
and has control over circulating and obtaining signatures for
the recall petition.
Section 15. Mayor of Chicago recall election.
(a) The recall of the Mayor of Chicago may be proposed by a

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petition signed by a number of electors equal in number to at
least 10% of the total votes cast for Mayor in the preceding
election. A petition shall have been signed by the petitioning
electors not more than 150 days after an affidavit has been
filed with the board of election commissioners providing
notice of intent to circulate a petition to recall the Mayor.
The affidavit may be filed no sooner than 6 months after the
beginning of the Mayor's term of office. The affidavit shall
have been signed by the proponent of the recall petition and at
least 2 aldermen. All proponents of a recall petition must be
registered voters who, based on their residence, are qualified
to vote for the office of Mayor.
(b) The form of the petition, circulation, and procedure
for determining the validity and sufficiency of a petition
shall be as provided by law. If the petition is valid and
sufficient, the board of election commissioners shall certify
the petition not more than 7 days after the date the petition
was filed, and the question "Shall (name) be recalled from the
office of Mayor?" must be submitted to the electors at a
special recall election called by the board of election
commissioners, to occur not more than 60 days after
certification of the petition. A recall petition certified by
the board of election commissioners may not be withdrawn and
another recall petition may not be initiated against the Mayor
within the 6 months after a recall election failed to remove
the Mayor or if the Mayor has less than 6 months remaining in

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his or her term. Any recall petition or recall election
pending on the date of the next election at which a candidate
for Mayor is elected is void.
(c) If a petition to recall the Mayor has been filed with
the board of election commissioners, a person eligible to
serve as Mayor may propose his or her candidacy for the special
successor primary election by a petition signed by at least
12,500 legal voters of the city, signed not more than 50 days
after a recall petition has been filed with the board of
election commissioners. All petitions, and procedure with
respect thereto, shall conform in other respects to the
provisions of the election and ballot laws then in force in the
City of Chicago concerning the nomination of independent
candidates for public office by petition. If the successor
election petition is valid and sufficient, the board of
election commissioners shall certify the petition not more
than 60 days after the date the petition to recall the Mayor
was filed.
If the Mayor is removed by the special recall election,
the names of candidates for Mayor must be submitted to the
electors at a special successor primary election called by the
board of election commissioners to be held 60 days after the
special recall election. If no candidate receives a majority
of the votes in the special successor primary election, a
special runoff election shall be held no later than 60 days
after the special successor primary election, and only the

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names of the candidates receiving the highest and second
highest number of votes at the special successor primary
election shall appear on the ballot. If more than one
candidate received the highest or second highest number of
votes at the special successor primary election, the names of
all candidates receiving the highest and second highest number
of votes shall appear on the ballot at the special runoff
election. The candidate receiving the highest number of votes
at the special runoff election shall be declared elected.
(d) The Mayor is immediately removed upon certification of
the special recall election results if a majority of the
electors voting on the question vote to recall the Mayor. If
the Mayor is removed, then (i) the Vice Mayor shall serve until
the Mayor elected at the special successor primary election or
special runoff election is qualified and (ii) the candidate
who receives a majority of votes in the special primary
election or the candidate who receives the highest number of
votes in the special runoff election is elected Mayor for the
balance of the term.
Section 20. Chicago Alderman recall election.
(a) The recall of any alderman of the City of Chicago may
be proposed by a petition signed by a number of electors equal
in number to at least 10% of the total votes cast in the
preceding aldermanic election in that ward, or 3 times the
amount of signatures needed to be nominated by law, whichever

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is greater. A petition shall have been signed by the
petitioning electors not more than 150 days after an affidavit
has been filed with the board of election commissioners
providing notice of intent to circulate a petition to recall
the alderman. The affidavit may be filed no sooner than 6
months after the beginning of the alderman's term of office.
All proponents of a recall petition must be registered voters
who, based on their residence, are qualified to vote for the
alderman against which the recall petition is filed.
(b) The form of the petition, circulation, and procedure
for determining the validity and sufficiency of a petition
shall be as provided by law. If the petition is valid and
sufficient, the board of election commissioners shall certify
the petition not more than 7 days after the date the petition
was filed, and the question "Shall (name) be recalled from the
office of Alderman for the (ward number) Ward?" must be
submitted to the electors at a special recall election called
by the board of election commissioners, to occur not more than
60 days after certification of the petition. A recall petition
certified by the board of election commissioners may not be
withdrawn and another recall petition may not be initiated
against the alderman within the 6 months after a recall
election failed to remove the alderman or if the alderman has
less than 6 months remaining in his or her term. Any recall
petition or recall election pending on the date of the next
election at which a candidate for alderman is elected is void.

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(c) If a petition to recall the alderman has been filed
with the board of election commissioners, a person eligible to
serve as alderman may propose his or her candidacy for the
special successor primary election by a petition signed by at
least 500 legal voters of the city, signed not more than 50
days after a recall petition has been filed with the board of
election commissioners. All petitions, and procedure with
respect thereto, shall conform in other respects to the
provisions of the election and ballot laws then in force in the
City of Chicago concerning the nomination of independent
candidates for public office by petition. If the successor
election petition is valid and sufficient, the board of
election commissioners shall certify the petition not more
than 60 days after the date the petition to recall the alderman
was filed.
If the alderman is removed by the special recall election,
the names of candidates for alderman must be submitted to the
electors at a special successor primary election called by the
board of election commissioners to be held 60 days after the
special recall election. If no candidate receives a majority
of the votes in the special successor primary election, a
special runoff election shall be held no later than 60 days
after the special successor primary election, and only the
names of the candidates receiving the highest and second
highest number of votes at the special successor primary
election shall appear on the ballot. If more than one

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candidate received the highest or second highest number of
votes at the special successor primary election, the names of
all candidates receiving the highest and second highest number
of votes shall appear on the ballot at the special runoff
election. The candidate receiving the highest number of votes
at the special runoff election shall be declared elected.
(d) The alderman is immediately removed upon certification
of the special recall election results if a majority of the
electors voting on the question vote to recall the alderman.
If the alderman is removed, then (i) a special successor
primary election or special runoff election shall be held to
determine the next alderman and (ii) if no candidates are
presented to the board of election commissioners within the
times required by subsection (c) of this Section, then a
replacement alderman shall be appointed as provided by law in
the event of a vacancy in the office.
Section 25. Cook County State's Attorney recall election.
(a) The recall of the Cook County State's Attorney may be
proposed by a petition signed by a number of electors equal in
number to at least 5% of the total votes cast for Cook County
State's Attorney in the preceding election. A petition shall
have been signed by the petitioning electors not more than 150
days after an affidavit has been filed with the Cook County
Clerk providing notice of intent to circulate a petition to
recall the Cook County State's Attorney. The affidavit may be

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filed no sooner than 6 months after the beginning of the Cook
County State's Attorney's term of office. All proponents of a
recall petition must be registered voters who, based on their
residence, are qualified to vote for the office of Cook County
State's Attorney.
(b) The form of the petition, circulation, and procedure
for determining the validity and sufficiency of a petition
shall be as provided by law. If the petition is valid and
sufficient, the Cook County Clerk shall certify the petition
not more than 7 days after the date the petition was filed, and
the question "Shall (name) be recalled from the office of Cook
County State's Attorney?" must be submitted to the electors at
a special recall election called by the Cook County Clerk, to
occur not more than 60 days after certification of the
petition. A recall petition certified by the Cook County Clerk
may not be withdrawn and another recall petition may not be
initiated against the Cook County State's Attorney within the
6 months after a recall election failed to remove the Cook
County State's Attorney or if the Cook County State's Attorney
has less than 6 months remaining in his or her term. Any recall
petition or recall election pending on the date of the next
election at which a candidate for Cook County State's Attorney
is elected is void.
(c) If a petition to recall the Cook County State's
Attorney has been filed with the Cook County Clerk, a person
eligible to serve as Cook County State's Attorney may propose

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his or her candidacy for the special successor primary
election by a petition signed by at least 20,000 legal voters
of Cook County, signed not more than 50 days after a recall
petition has been filed with the Cook County Clerk. All
petitions, and procedure with respect thereto, shall conform
in other respects to the provisions of the election and ballot
laws then in force in Cook County concerning the nomination of
independent candidates for public office by petition. If the
successor election petition is valid and sufficient, the Cook
County Clerk shall certify the petition not more than 60 days
after the date the petition to recall the Cook County State's
Attorney was filed.
If the Cook County State's Attorney is removed by the
special recall election, the names of candidates for Cook
County State's Attorney must be submitted to the electors at a
special successor primary election called by the Cook County
Clerk to be held 60 days after the special recall election. If
no candidate receives a majority of the votes in the special
successor primary election, a special runoff election shall be
held no later than 60 days after the special successor primary
election, and only the names of the candidates receiving the
highest and second highest number of votes at the special
successor primary election shall appear on the ballot. If more
than one candidate received the highest or second highest
number of votes at the special successor primary election, the
names of all candidates receiving the highest and second

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highest number of votes shall appear on the ballot at the
special runoff election. The candidate receiving the highest
number of votes at the special runoff election shall be
declared elected.
(d) The Cook County State's Attorney is immediately
removed upon certification of the special recall election
results if a majority of the electors voting on the question
vote to recall the Cook County State's Attorney. If the Cook
County State's Attorney is removed, then (i) a special
successor primary election or special runoff election shall be
held to determine the next Cook County State's Attorney and
(ii) if no candidates are presented to the Cook County Clerk
within the times required by subsection (c) of this Section,
then a replacement Cook County State's Attorney shall be
appointed as provided by law in the event of a vacancy in the
office.
Section 30. Petitions.
(a) The following must be included in any recall petition
submitted under this Act:
(1) The name and title of the officer to be recalled
under the petition.
(2) A statement, not exceeding 200 words in length, of
the reasons for the proposed recall.
(3) The printed name, signature, and residential
address of each of the proponents of the recall.

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(b) Within 7 days of the filing of a notice of intent to
recall the officer, the officer against whom a recall petition
is being attempted can officially file an answer, not
exceeding 200 words in length, to the proponents and a
statement of defense against the recall attempt.
(c) Proponents shall, if possible, publish a notice of
intent to circulate a recall petition in an English language
newspaper of general circulation in the relevant jurisdiction.
If no newspaper operates in the jurisdiction of the officer to
be recalled, proponents must post the notice of intent in at
least 3 public places.
Section 99. Effective date. This Act takes effect upon
becoming law.