Bill Text: IL HB5993 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Municipal Code and the Revised Cities and Villages Act of 1941. Establishes a procedure for an election to recall mayors and village presidents. Effective immediately.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2016-02-25 - Added Co-Sponsor Rep. Barbara Wheeler [HB5993 Detail]

Download: Illinois-2015-HB5993-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5993 Introduced , by Rep. Ed Sullivan SYNOPSIS AS INTRODUCED:
65 ILCS 5/3.1-10-67 new
65 ILCS 20/21-24.5 new
Amends the Municipal Code and the Revised Cities and Villages Act of 1941. Establishes a procedure for an election to recall mayors and village presidents. Effective immediately.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Municipal Code is amended by adding Section
3.1-10-67 as follows:
(65 ILCS 5/3.1-10-67 new)
Sec. 3.1-10-67. Recall election-mayors and village
presidents.
(a) The recall of a mayor or village president may be
proposed by a petition signed by a number of electors equal in
number to at least 15% of the total votes cast for that office
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 local election official
providing notice of intent to circulate a petition to recall
the mayor or village president. The affidavit may be filed no
sooner than 6 months after the beginning of the official's term
of office. The affidavit shall have been signed by the
proponent of the recall petition.
(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 local election official shall certify the

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petition not more than 100 days after the date the petition was
filed, and the question "Shall (name) be recalled from the
office of (office)?" must be submitted to the electors at a
special recall election called by the local election official,
to occur not more than 100 days after certification of the
petition. A recall petition certified by the local election
official may not be withdrawn and another recall petition may
not be initiated against the mayor or village president during
the remainder of the current term of office. Any recall
petition or recall election pending on the date of the next
election at which a candidate for the office is elected is
void.
(c) If a petition to recall the mayor or village president
has been filed with the local election official, a person
eligible to serve as mayor or village president may propose his
or her candidacy for the special successor primary election by
a petition signed by the requisite number of legal voters of
the local government, signed not more than 50 days after a
recall petition has been filed with the local election
official. All such petitions, and procedure with respect
thereto, shall conform in other respects to the provisions of
the election and ballot laws then in force concerning the
nomination of independent candidates for public office by
petition. If the successor election petition is valid and
sufficient, the local election official shall certify the
petition not more than 100 days after the date the petition to

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recall the mayor or village president was filed.
If the mayor or village president is removed by the special
recall election, the names of candidates for mayor or village
president must be submitted to the electors at a special
successor primary election called by the local election
official 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
declared elected.
(d) The mayor or village president 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 or village president. If the official is removed,
then (i) the Vice Mayor or other individual selected by the
city council or village board shall serve until the mayor or
village president elected at the special successor primary

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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
or village president for the balance of the term.
Section 10. The Revised Cities and Villages Act of 1941 is
amended by adding Section 21-24.5 as follows:
(65 ILCS 20/21-24.5 new)
Sec. 21-24.5. 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 15% of the total votes cast for Mayor in the preceding
election, with at least 50 signatures from each ward. 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.
(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

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the petition not more than 100 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 100 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
during the remainder of the current term of office. 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 such 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
100 days after the date the petition to recall the Mayor was
filed.

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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
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

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term.
Section 99. Effective date. This Act takes effect upon
becoming law.