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

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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: (Failed) 2019-01-08 - Session Sine Die [HB4041 Detail]

Download: Illinois-2017-HB4041-Introduced.html

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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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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. This Act may be cited as the Laquan
McDonald Act.
Section 5. Applicability. In the event 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. Recall election - Mayor of Chicago.
(a) The recall of the Mayor 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 for Mayor in the preceding
election. A petition shall have been signed by the petitioning

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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
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.

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(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 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

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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. Recall election - Chicago Alderman.
(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
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

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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.
(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

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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 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

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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. Recall election - Cook County State's Attorney.
(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
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

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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
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

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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
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

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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.
(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

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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.