Bill Text: IL HB4041 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Laquan McDonald Act. 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.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced) 2017-05-02 - Added Co-Sponsor Rep. Allen Skillicorn [HB4041 Detail]

Download: Illinois-2017-HB4041-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4041

Introduced , by Rep. Barbara Wheeler

SYNOPSIS AS INTRODUCED:
New Act

Creates the Laquan McDonald Act. 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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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Laquan
5McDonald Act.
6 Section 5. Applicability. In the event this Act conflicts
7with any other provisions of law, this Act shall control
8notwithstanding those other provisions of law.
9 Section 10. Definitions. As used in this Act:
10 "Alderman" means an alderman of the City of Chicago.
11 "Board of election commissioners" means the Board of
12Election Commissioners for the City of Chicago.
13 "Mayor" means the Mayor of Chicago.
14 "Proponent" means a voter who initiates a recall petition
15and has control over circulating and obtaining signatures for
16the recall petition.
17 Section 15. Recall election - Mayor of Chicago.
18 (a) The recall of the Mayor of Chicago may be proposed by a
19petition signed by a number of electors equal in number to at
20least 10% of the total votes cast for Mayor in the preceding
21election. A petition shall have been signed by the petitioning

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1electors not more than 150 days after an affidavit has been
2filed with the board of election commissioners providing notice
3of intent to circulate a petition to recall the Mayor. The
4affidavit may be filed no sooner than 6 months after the
5beginning of the Mayor's term of office. The affidavit shall
6have been signed by the proponent of the recall petition and at
7least 2 aldermen. All proponents of a recall petition must be
8registered voters who, based on their residence, are qualified
9to vote for the office of Mayor.
10 (b) The form of the petition, circulation, and procedure
11for determining the validity and sufficiency of a petition
12shall be as provided by law. If the petition is valid and
13sufficient, the board of election commissioners shall certify
14the petition not more than 7 days after the date the petition
15was filed, and the question "Shall (name) be recalled from the
16office of Mayor?" must be submitted to the electors at a
17special recall election called by the board of election
18commissioners, to occur not more than 60 days after
19certification of the petition. A recall petition certified by
20the board of election commissioners may not be withdrawn and
21another recall petition may not be initiated against the Mayor
22within the 6 months after a recall election failed to remove
23the Mayor or if the Mayor has less than 6 months remaining in
24his or her term. Any recall petition or recall election pending
25on the date of the next election at which a candidate for Mayor
26is elected is void.

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1 (c) If a petition to recall the Mayor has been filed with
2the board of election commissioners, a person eligible to serve
3as Mayor may propose his or her candidacy for the special
4successor primary election by a petition signed by at least
512,500 legal voters of the city, signed not more than 50 days
6after a recall petition has been filed with the board of
7election commissioners. All petitions, and procedure with
8respect thereto, shall conform in other respects to the
9provisions of the election and ballot laws then in force in the
10City of Chicago concerning the nomination of independent
11candidates for public office by petition. If the successor
12election petition is valid and sufficient, the board of
13election commissioners shall certify the petition not more than
1460 days after the date the petition to recall the Mayor was
15filed.
16 If the Mayor is removed by the special recall election, the
17names of candidates for Mayor must be submitted to the electors
18at a special successor primary election called by the board of
19election commissioners to be held 60 days after the special
20recall election. If no candidate receives a majority of the
21votes in the special successor primary election, a special
22runoff election shall be held no later than 60 days after the
23special successor primary election, and only the names of the
24candidates receiving the highest and second highest number of
25votes at the special successor primary election shall appear on
26the ballot. If more than one candidate received the highest or

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1second highest number of votes at the special successor primary
2election, the names of all candidates receiving the highest and
3second highest number of votes shall appear on the ballot at
4the special runoff election. The candidate receiving the
5highest number of votes at the special runoff election shall be
6declared elected.
7 (d) The Mayor is immediately removed upon certification of
8the special recall election results if a majority of the
9electors voting on the question vote to recall the Mayor. If
10the Mayor is removed, then (i) the Vice Mayor shall serve until
11the Mayor elected at the special successor primary election or
12special runoff election is qualified and (ii) the candidate who
13receives a majority of votes in the special primary election or
14the candidate who receives the highest number of votes in the
15special runoff election is elected Mayor for the balance of the
16term.
17 Section 20. Recall election - Chicago Alderman.
18 (a) The recall of any alderman of the City of Chicago may
19be proposed by a petition signed by a number of electors equal
20in number to at least 10% of the total votes cast in the
21preceding aldermanic election in that ward, or 3 times the
22amount of signatures needed to be nominated by law, whichever
23is greater. A petition shall have been signed by the
24petitioning electors not more than 150 days after an affidavit
25has been filed with the board of election commissioners

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1providing notice of intent to circulate a petition to recall
2the alderman. The affidavit may be filed no sooner than 6
3months after the beginning of the alderman's term of office.
4All proponents of a recall petition must be registered voters
5who, based on their residence, are qualified to vote for the
6alderman against which the recall petition is filed.
7 (b) The form of the petition, circulation, and procedure
8for determining the validity and sufficiency of a petition
9shall be as provided by law. If the petition is valid and
10sufficient, the board of election commissioners shall certify
11the petition not more than 7 days after the date the petition
12was filed, and the question "Shall (name) be recalled from the
13office of Alderman for the (ward number) Ward?" must be
14submitted to the electors at a special recall election called
15by the board of election commissioners, to occur not more than
1660 days after certification of the petition. A recall petition
17certified by the board of election commissioners may not be
18withdrawn and another recall petition may not be initiated
19against the alderman within the 6 months after a recall
20election failed to remove the alderman or if the alderman has
21less than 6 months remaining in his or her term. Any recall
22petition or recall election pending on the date of the next
23election at which a candidate for alderman is elected is void.
24 (c) If a petition to recall the alderman has been filed
25with the board of election commissioners, a person eligible to
26serve as alderman may propose his or her candidacy for the

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1special successor primary election by a petition signed by at
2least 500 legal voters of the city, signed not more than 50
3days after a recall petition has been filed with the board of
4election commissioners. All petitions, and procedure with
5respect thereto, shall conform in other respects to the
6provisions of the election and ballot laws then in force in the
7City of Chicago concerning the nomination of independent
8candidates for public office by petition. If the successor
9election petition is valid and sufficient, the board of
10election commissioners shall certify the petition not more than
1160 days after the date the petition to recall the alderman was
12filed.
13 If the alderman is removed by the special recall election,
14the names of candidates for alderman must be submitted to the
15electors at a special successor primary election called by the
16board of election commissioners to be held 60 days after the
17special recall election. If no candidate receives a majority of
18the votes in the special successor primary election, a special
19runoff election shall be held no later than 60 days after the
20special successor primary election, and only the names of the
21candidates receiving the highest and second highest number of
22votes at the special successor primary election shall appear on
23the ballot. If more than one candidate received the highest or
24second highest number of votes at the special successor primary
25election, the names of all candidates receiving the highest and
26second highest number of votes shall appear on the ballot at

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1the special runoff election. The candidate receiving the
2highest number of votes at the special runoff election shall be
3declared elected.
4 (d) The alderman is immediately removed upon certification
5of the special recall election results if a majority of the
6electors voting on the question vote to recall the alderman. If
7the alderman is removed, then (i) a special successor primary
8election or special runoff election shall be held to determine
9the next alderman and (ii) if no candidates are presented to
10the board of election commissioners within the times required
11by subsection (c) of this Section, then a replacement alderman
12shall be appointed as provided by law in the event of a vacancy
13in the office.
14 Section 25. Recall election - Cook County State's Attorney.
15 (a) The recall of the Cook County State's Attorney may be
16proposed by a petition signed by a number of electors equal in
17number to at least 5% of the total votes cast for Cook County
18State's Attorney in the preceding election. A petition shall
19have been signed by the petitioning electors not more than 150
20days after an affidavit has been filed with the Cook County
21Clerk providing notice of intent to circulate a petition to
22recall the Cook County State's Attorney. The affidavit may be
23filed no sooner than 6 months after the beginning of the Cook
24County State's Attorney's term of office. All proponents of a
25recall petition must be registered voters who, based on their

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1residence, are qualified to vote for the office of Cook County
2State's Attorney.
3 (b) The form of the petition, circulation, and procedure
4for determining the validity and sufficiency of a petition
5shall be as provided by law. If the petition is valid and
6sufficient, the Cook County Clerk shall certify the petition
7not more than 7 days after the date the petition was filed, and
8the question "Shall (name) be recalled from the office of Cook
9County State's Attorney?" must be submitted to the electors at
10a special recall election called by the Cook County Clerk, to
11occur not more than 60 days after certification of the
12petition. A recall petition certified by the Cook County Clerk
13may not be withdrawn and another recall petition may not be
14initiated against the Cook County State's Attorney within the 6
15months after a recall election failed to remove the Cook County
16State's Attorney or if the Cook County State's Attorney has
17less than 6 months remaining in his or her term. Any recall
18petition or recall election pending on the date of the next
19election at which a candidate for Cook County State's Attorney
20is elected is void.
21 (c) If a petition to recall the Cook County State's
22Attorney has been filed with the Cook County Clerk, a person
23eligible to serve as Cook County State's Attorney may propose
24his or her candidacy for the special successor primary election
25by a petition signed by at least 20,000 legal voters of Cook
26County, signed not more than 50 days after a recall petition

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

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1declared elected.
2 (d) The Cook County State's Attorney is immediately removed
3upon certification of the special recall election results if a
4majority of the electors voting on the question vote to recall
5the Cook County State's Attorney. If the Cook County State's
6Attorney is removed, then (i) a special successor primary
7election or special runoff election shall be held to determine
8the next Cook County State's Attorney and (ii) if no candidates
9are presented to the Cook County Clerk within the times
10required by subsection (c) of this Section, then a replacement
11Cook County State's Attorney shall be appointed as provided by
12law in the event of a vacancy in the office.
13 Section 30. Petitions.
14 (a) The following must be included in any recall petition
15submitted under this Act:
16 (1) The name and title of the officer to be recalled
17 under the petition.
18 (2) A statement, not exceeding 200 words in length, of
19 the reasons for the proposed recall.
20 (3) The printed name, signature, and residential
21 address of each of the proponents of the recall.
22 (b) Within 7 days of the filing of a notice of intent to
23recall the officer, the officer against whom a recall petition
24is being attempted can officially file an answer, not exceeding
25200 words in length, to the proponents and a statement of

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1defense against the recall attempt.
2 (c) Proponents shall, if possible, publish a notice of
3intent to circulate a recall petition in an English language
4newspaper of general circulation in the relevant jurisdiction.
5If no newspaper operates in the jurisdiction of the officer to
6be recalled, proponents must post the notice of intent in at
7least 3 public places.
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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