SB1954 104TH GENERAL ASSEMBLY

LRB104 10305 JDS 20379 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1954

Introduced 2/6/2025, by Sen. Doris Turner

SYNOPSIS AS INTRODUCED:

55 ILCS 5/Div. 3-16 heading new
55 ILCS 5/3-16001 new
55 ILCS 5/3-16002 new
55 ILCS 5/3-16003 new

Amends the Counties Code. Creates the Recall of Countywide Elected Officials Division within the Code. Authorizes a county to establish a process by which countywide elected officials may be recalled by the electors of the county by referendum or petition. Provides that, if a county board adopts a resolution calling for a referendum on the proposal to adopt a process by which countywide elected officials may be recalled by the electors of the county, then the county clerk and county board shall provide for the submission of the proposition to the electors of the county at the next general election held in an even-numbered year. Provides that, if there is filed with the clerk of the circuit court of the county, within the time provided in the general election law, a petition that is signed by the specified number of registered voters in the county and that requests the establishment of a process by which countywide elected officials may be recalled by the electors of that county, the clerk of the circuit court shall transmit the petition to the chief judge of the circuit court who shall determine the sufficiency of the petition or shall assign the determination of the sufficiency of the petition to a circuit judge who shall make the determination. Specifies that, if the judge determines that the petition is sufficient, the judge shall certify the sufficiency of the petition and shall issue an order directing the county clerk and the county board to provide for the submission of the proposition to the electors of the county at the next general election held in an even-numbered year. Authorizes the recall of a countywide elected official to be proposed by petition by the electors of the county. Sets forth requirements for the petition. Provides that, if the petition is valid and sufficient, then the State Board of Elections shall certify the petition, and the question must be submitted to the electors at a special election. Prohibits more than one recall petition per official per term of office. Effective immediately.

A BILL FOR

AN ACT concerning recall of countywide elected officials.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Division 3-16 as follows:

(55 ILCS 5/Div. 3-16 heading new)

Division 3-16. Recall of Countywide Elected Officials

(55 ILCS 5/3-16001 new)

Sec. 3-16001. Recall of a countywide elected official. Any county may establish a process by which countywide elected officials may be recalled by the electors of that county by submission to and approval by the electors of the county of the proposition at a referendum as provided in Section 3-16002. A referendum to adopt a process by which countywide elected officials may be recalled by the electors may be called by a resolution adopted by the county board of the county or by the filing of a petition as provided in Section 3-16002.

(55 ILCS 5/3-16002 new)

Sec. 3-16002. Referendum on resolution of county board.

(a) If the county board adopts a resolution calling for a referendum on the proposal to adopt a process by which countywide elected officials may be recalled by the electors of that county, within the time provided in the general election law, the county clerk and the county board shall provide for the submission of such proposition to the electors of the county in accordance with this Section at the next general election held in an even-numbered year.

(b) If there is filed with the clerk of the circuit court of the county, within the time provided in the general election law, a petition that is signed by the number of registered voters described in this subsection and that requests the establishment of a process by which countywide elected officials may be recalled by the electors of that county, the clerk of the circuit court shall transmit the petition to the chief judge of the circuit court who shall determine the sufficiency of the petition or shall assign the determination of the sufficiency of the petition to a circuit judge who shall make the determination. For a county with a population that is greater than or equal to 500,000, the petition under this subsection (b) shall be signed by 5% of the registered voters in the county or 10,000 individuals, whichever is less. For a county with a population that is less than 500,000, the petition under this subsection (b) shall be signed by 5% of the registered voters in the county or 1,000 individuals, whichever is less. If the judge determines that the petition is sufficient, the judge shall certify the sufficiency of the petition and shall issue an order directing the county clerk and the county board to provide for the submission of the proposition to the electors of the county at the next general election held in an even-numbered year.

The referendum shall be conducted in such a manner as is prescribed in the general election law.

The proposition shall be in substantially the following form: -

Shall the County of .......... adopt a process YES by which countywide elected---------------------------------- officials may be recalled by NO the electors of the county as provided for by Illinois statute?

----------------------------

(55 ILCS 5/3-16003 new)

Sec. 3-16003. Recall of countywide elected officials.

(a) The recall of the countywide elected official 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 Governor in the preceding gubernatorial election in the county. A petition shall have been signed by the petitioning electors not more than 150 days after an affidavit has been filed with the State Board of Elections providing notice of intent to circulate a petition to recall the countywide elected official. The affidavit may be filed no sooner than 6 months after the beginning of the countywide elected official's term of office and may not be filed in the last 6 months of a term.

(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 State Board of Elections shall certify 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 (name of office)?" must be submitted to the electors at a special election called by the State Board of Elections, to occur not more than 100 days after certification of the petition. A recall petition certified by the State Board of Elections may not be withdrawn and another recall petition may not be initiated against the countywide elected official during the remainder of the current term of office. Any recall petition or recall election pending on the date of the next general election at which a candidate for the same countywide office is elected is moot.

(c) The countywide elected official is immediately removed upon certification of the recall election results if a majority of the electors voting on the question vote to recall the countywide elected official. If the countywide elected official is removed, the vacancy shall be filled as provided in the Election Code or this Code.

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