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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4041 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED:
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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.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the Laquan |
| 5 | | McDonald Act.
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| 6 | | Section 5. Applicability. In the event this Act conflicts |
| 7 | | with any other provisions of law, this Act shall control |
| 8 | | notwithstanding those other provisions of law.
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| 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 |
| 12 | | Election Commissioners for the City of Chicago. |
| 13 | | "Mayor" means the Mayor of Chicago. |
| 14 | | "Proponent" means a voter who initiates a recall petition |
| 15 | | and has control over circulating and obtaining signatures for |
| 16 | | the recall petition.
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| 17 | | Section 15. Recall election - Mayor of Chicago. |
| 18 | | (a) The recall of the Mayor of Chicago may be proposed by a |
| 19 | | petition signed by a number of electors equal in number to at |
| 20 | | least 10% of the total votes cast for Mayor in the preceding |
| 21 | | election. A petition shall have been signed by the petitioning |
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| 1 | | electors not more than 150 days after an affidavit has been |
| 2 | | filed with the board of election commissioners providing notice |
| 3 | | of intent to circulate a petition to recall the Mayor. The |
| 4 | | affidavit may be filed no sooner than 6 months after the |
| 5 | | beginning of the Mayor's term of office. The affidavit shall |
| 6 | | have been signed by the proponent of the recall petition and at |
| 7 | | least 2 aldermen. All proponents of a recall petition must be |
| 8 | | registered voters who, based on their residence, are qualified |
| 9 | | to vote for the office of Mayor. |
| 10 | | (b) The form of the petition, circulation, and procedure |
| 11 | | for determining the validity and sufficiency of a petition |
| 12 | | shall be as provided by law. If the petition is valid and |
| 13 | | sufficient, the board of election commissioners shall certify |
| 14 | | the petition not more than 7 days after the date the petition |
| 15 | | was filed, and the question "Shall (name) be recalled from the |
| 16 | | office of Mayor?" must be submitted to the electors at a |
| 17 | | special recall election called by the board of election |
| 18 | | commissioners, to occur not more than 60 days after |
| 19 | | certification of the petition. A recall petition certified by |
| 20 | | the board of election commissioners may not be withdrawn and |
| 21 | | another recall petition may not be initiated against the Mayor |
| 22 | | within the 6 months after a recall election failed to remove |
| 23 | | the Mayor or if the Mayor has less than 6 months remaining in |
| 24 | | his or her term. Any recall petition or recall election pending |
| 25 | | on the date of the next election at which a candidate for Mayor |
| 26 | | is elected is void. |
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| 1 | | (c) If a petition to recall the Mayor has been filed with |
| 2 | | the board of election commissioners, a person eligible to serve |
| 3 | | as Mayor may propose his or her candidacy for the special |
| 4 | | successor primary election by a petition signed by at least |
| 5 | | 12,500 legal voters of the city, signed not more than 50 days |
| 6 | | after a recall petition has been filed with the board of |
| 7 | | election commissioners. All petitions, and procedure with |
| 8 | | respect thereto, shall conform in other respects to the |
| 9 | | provisions of the election and ballot laws then in force in the |
| 10 | | City of Chicago concerning the nomination of independent |
| 11 | | candidates for public office by petition. If the successor |
| 12 | | election petition is valid and sufficient, the board of |
| 13 | | election commissioners shall certify the petition not more than |
| 14 | | 60 days after the date the petition to recall the Mayor was |
| 15 | | filed. |
| 16 | | If the Mayor is removed by the special recall election, the |
| 17 | | names of candidates for Mayor must be submitted to the electors |
| 18 | | at a special successor primary election called by the board of |
| 19 | | election commissioners to be held 60 days after the special |
| 20 | | recall election. If no candidate receives a majority of the |
| 21 | | votes in the special successor primary election, a special |
| 22 | | runoff election shall be held no later than 60 days after the |
| 23 | | special successor primary election, and only the names of the |
| 24 | | candidates receiving the highest and second highest number of |
| 25 | | votes at the special successor primary election shall appear on |
| 26 | | the ballot. If more than one candidate received the highest or |
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| 1 | | second highest number of votes at the special successor primary |
| 2 | | election, the names of all candidates receiving the highest and |
| 3 | | second highest number of votes shall appear on the ballot at |
| 4 | | the special runoff election. The candidate receiving the |
| 5 | | highest number of votes at the special runoff election shall be |
| 6 | | declared elected. |
| 7 | | (d) The Mayor is immediately removed upon certification of |
| 8 | | the special recall election results if a majority of the |
| 9 | | electors voting on the question vote to recall the Mayor. If |
| 10 | | the Mayor is removed, then (i) the Vice Mayor shall serve until |
| 11 | | the Mayor elected at the special successor primary election or |
| 12 | | special runoff election is qualified and (ii) the candidate who |
| 13 | | receives a majority of votes in the special primary election or |
| 14 | | the candidate who receives the highest number of votes in the |
| 15 | | special runoff election is elected Mayor for the balance of the |
| 16 | | term.
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| 17 | | Section 20. Recall election - Chicago Alderman. |
| 18 | | (a) The recall of any alderman of the City of Chicago may |
| 19 | | be proposed by a petition signed by a number of electors equal |
| 20 | | in number to at least 10% of the total votes cast in the |
| 21 | | preceding aldermanic election in that ward, or 3 times the |
| 22 | | amount of signatures needed to be nominated by law, whichever |
| 23 | | is greater. A petition shall have been signed by the |
| 24 | | petitioning electors not more than 150 days after an affidavit |
| 25 | | has been filed with the board of election commissioners |
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| 1 | | providing notice of intent to circulate a petition to recall |
| 2 | | the alderman. The affidavit may be filed no sooner than 6 |
| 3 | | months after the beginning of the alderman's term of office. |
| 4 | | All proponents of a recall petition must be registered voters |
| 5 | | who, based on their residence, are qualified to vote for the |
| 6 | | alderman against which the recall petition is filed. |
| 7 | | (b) The form of the petition, circulation, and procedure |
| 8 | | for determining the validity and sufficiency of a petition |
| 9 | | shall be as provided by law. If the petition is valid and |
| 10 | | sufficient, the board of election commissioners shall certify |
| 11 | | the petition not more than 7 days after the date the petition |
| 12 | | was filed, and the question "Shall (name) be recalled from the |
| 13 | | office of Alderman for the (ward number) Ward?" must be |
| 14 | | submitted to the electors at a special recall election called |
| 15 | | by the board of election commissioners, to occur not more than |
| 16 | | 60 days after certification of the petition. A recall petition |
| 17 | | certified by the board of election commissioners may not be |
| 18 | | withdrawn and another recall petition may not be initiated |
| 19 | | against the alderman within the 6 months after a recall |
| 20 | | election failed to remove the alderman or if the alderman has |
| 21 | | less than 6 months remaining in his or her term. Any recall |
| 22 | | petition or recall election pending on the date of the next |
| 23 | | election at which a candidate for alderman is elected is void. |
| 24 | | (c) If a petition to recall the alderman has been filed |
| 25 | | with the board of election commissioners, a person eligible to |
| 26 | | serve as alderman may propose his or her candidacy for the |
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| 1 | | special successor primary election by a petition signed by at |
| 2 | | least 500 legal voters of the city, signed not more than 50 |
| 3 | | days after a recall petition has been filed with the board of |
| 4 | | election commissioners. All petitions, and procedure with |
| 5 | | respect thereto, shall conform in other respects to the |
| 6 | | provisions of the election and ballot laws then in force in the |
| 7 | | City of Chicago concerning the nomination of independent |
| 8 | | candidates for public office by petition. If the successor |
| 9 | | election petition is valid and sufficient, the board of |
| 10 | | election commissioners shall certify the petition not more than |
| 11 | | 60 days after the date the petition to recall the alderman was |
| 12 | | filed. |
| 13 | | If the alderman is removed by the special recall election, |
| 14 | | the names of candidates for alderman must be submitted to the |
| 15 | | electors at a special successor primary election called by the |
| 16 | | board of election commissioners to be held 60 days after the |
| 17 | | special recall election. If no candidate receives a majority of |
| 18 | | the votes in the special successor primary election, a special |
| 19 | | runoff election shall be held no later than 60 days after the |
| 20 | | special successor primary election, and only the names of the |
| 21 | | candidates receiving the highest and second highest number of |
| 22 | | votes at the special successor primary election shall appear on |
| 23 | | the ballot. If more than one candidate received the highest or |
| 24 | | second highest number of votes at the special successor primary |
| 25 | | election, the names of all candidates receiving the highest and |
| 26 | | second highest number of votes shall appear on the ballot at |
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| 1 | | the special runoff election. The candidate receiving the |
| 2 | | highest number of votes at the special runoff election shall be |
| 3 | | declared elected. |
| 4 | | (d) The alderman is immediately removed upon certification |
| 5 | | of the special recall election results if a majority of the |
| 6 | | electors voting on the question vote to recall the alderman. If |
| 7 | | the alderman is removed, then (i) a special successor primary |
| 8 | | election or special runoff election shall be held to determine |
| 9 | | the next alderman and (ii) if no candidates are presented to |
| 10 | | the board of election commissioners within the times required |
| 11 | | by subsection (c) of this Section, then a replacement alderman |
| 12 | | shall be appointed as provided by law in the event of a vacancy |
| 13 | | in the office.
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| 14 | | Section 25. Recall election - Cook County State's Attorney. |
| 15 | | (a) The recall of the Cook County State's Attorney may be |
| 16 | | proposed by a petition signed by a number of electors equal in |
| 17 | | number to at least 5% of the total votes cast for Cook County |
| 18 | | State's Attorney in the preceding election. A petition shall |
| 19 | | have been signed by the petitioning electors not more than 150 |
| 20 | | days after an affidavit has been filed with the Cook County |
| 21 | | Clerk providing notice of intent to circulate a petition to |
| 22 | | recall the Cook County State's Attorney. The affidavit may be |
| 23 | | filed no sooner than 6 months after the beginning of the Cook |
| 24 | | County State's Attorney's term of office. All proponents of a |
| 25 | | recall petition must be registered voters who, based on their |
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| 1 | | residence, are qualified to vote for the office of Cook County |
| 2 | | State's Attorney. |
| 3 | | (b) The form of the petition, circulation, and procedure |
| 4 | | for determining the validity and sufficiency of a petition |
| 5 | | shall be as provided by law. If the petition is valid and |
| 6 | | sufficient, the Cook County Clerk shall certify the petition |
| 7 | | not more than 7 days after the date the petition was filed, and |
| 8 | | the question "Shall (name) be recalled from the office of Cook |
| 9 | | County State's Attorney?" must be submitted to the electors at |
| 10 | | a special recall election called by the Cook County Clerk, to |
| 11 | | occur not more than 60 days after certification of the |
| 12 | | petition. A recall petition certified by the Cook County Clerk |
| 13 | | may not be withdrawn and another recall petition may not be |
| 14 | | initiated against the Cook County State's Attorney within the 6 |
| 15 | | months after a recall election failed to remove the Cook County |
| 16 | | State's Attorney or if the Cook County State's Attorney has |
| 17 | | less than 6 months remaining in his or her term. Any recall |
| 18 | | petition or recall election pending on the date of the next |
| 19 | | election at which a candidate for Cook County State's Attorney |
| 20 | | is elected is void. |
| 21 | | (c) If a petition to recall the Cook County State's |
| 22 | | Attorney has been filed with the Cook County Clerk, a person |
| 23 | | eligible to serve as Cook County State's Attorney may propose |
| 24 | | his or her candidacy for the special successor primary election |
| 25 | | by a petition signed by at least 20,000 legal voters of Cook |
| 26 | | County, signed not more than 50 days after a recall petition |
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| 1 | | has been filed with the Cook County Clerk. All petitions, and |
| 2 | | procedure with respect thereto, shall conform in other respects |
| 3 | | to the provisions of the election and ballot laws then in force |
| 4 | | in Cook County concerning the nomination of independent |
| 5 | | candidates for public office by petition. If the successor |
| 6 | | election petition is valid and sufficient, the Cook County |
| 7 | | Clerk shall certify the petition not more than 60 days after |
| 8 | | the date the petition to recall the Cook County State's |
| 9 | | Attorney was filed. |
| 10 | | If the Cook County State's Attorney is removed by the |
| 11 | | special recall election, the names of candidates for Cook |
| 12 | | County State's Attorney must be submitted to the electors at a |
| 13 | | special successor primary election called by the Cook County |
| 14 | | Clerk to be held 60 days after the special recall election. If |
| 15 | | no candidate receives a majority of the votes in the special |
| 16 | | successor primary election, a special runoff election shall be |
| 17 | | held no later than 60 days after the special successor primary |
| 18 | | election, and only the names of the candidates receiving the |
| 19 | | highest and second highest number of votes at the special |
| 20 | | successor primary election shall appear on the ballot. If more |
| 21 | | than one candidate received the highest or second highest |
| 22 | | number of votes at the special successor primary election, the |
| 23 | | names of all candidates receiving the highest and second |
| 24 | | highest number of votes shall appear on the ballot at the |
| 25 | | special runoff election. The candidate receiving the highest |
| 26 | | number of votes at the special runoff election shall be |
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| 1 | | declared elected. |
| 2 | | (d) The Cook County State's Attorney is immediately removed |
| 3 | | upon certification of the special recall election results if a |
| 4 | | majority of the electors voting on the question vote to recall |
| 5 | | the Cook County State's Attorney. If the Cook County State's |
| 6 | | Attorney is removed, then (i) a special successor primary |
| 7 | | election or special runoff election shall be held to determine |
| 8 | | the next Cook County State's Attorney and (ii) if no candidates |
| 9 | | are presented to the Cook County Clerk within the times |
| 10 | | required by subsection (c) of this Section, then a replacement |
| 11 | | Cook County State's Attorney shall be appointed as provided by |
| 12 | | law in the event of a vacancy in the office.
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| 13 | | Section 30. Petitions. |
| 14 | | (a) The following must be included in any recall petition |
| 15 | | submitted 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 |
| 23 | | recall the officer, the officer against whom a recall petition |
| 24 | | is being attempted can officially file an answer, not exceeding |
| 25 | | 200 words in length, to the proponents and a statement of |
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| 1 | | defense against the recall attempt. |
| 2 | | (c) Proponents shall, if possible, publish a notice of |
| 3 | | intent to circulate a recall petition in an English language |
| 4 | | newspaper of general circulation in the relevant jurisdiction. |
| 5 | | If no newspaper operates in the jurisdiction of the officer to |
| 6 | | be recalled, proponents must post the notice of intent in at |
| 7 | | least 3 public places.
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| 8 | | Section 99. Effective date. This Act takes effect upon |
| 9 | | becoming law.
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