Summary as Introduced
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.
Staff Analysis
SB 1954 proposes amendments to the Counties Code by creating the “Recall of Countywide Elected Officials Division.” This legislation intends to provide counties with the authority to establish a process for the recall of countywide elected officials by the electorate. The bill appears to have been introduced as one of the recommendations from the Massey Commission in Sangamon County. The Commission was created following an excessive force killing of a resident by a deputy sheriff.
ISACo and the United Counties Council of Illinois delivered a letter to the sponsor, Senator Doris Turner, expressing our concerns with the legislation as introduced.
Three amendments were filed for SB 1954. Amendment 2 would significantly reduce the scope of the legislation by limiting the referendum for establishing a process to recall countywide elected officials to Sangamon County. Amendment 1 was adopted on April 3, 2025, and amendments 2 and 3 await hearings in the Senate Executive Committee. The original bill as introduced, along with each amendment, are summarized below:
Key Provisions of SB 1954 As Introduced
1. Authorization for Recall Process: The bill permits county boards to adopt a resolution calling for a referendum to establish a recall process for countywide elected officials. If such a resolution is adopted, the county clerk and county board are mandated to present the proposition to the county’s electors at the next general election held in an even-numbered year.
2. Petition-Driven Referendum: Alternatively, the bill outlines a procedure whereby a petition signed by a specified number of registered voters can initiate the establishment of a recall process. Upon filing such a petition with the clerk of the circuit court, the chief judge (or an assigned circuit judge) is responsible for determining its sufficiency. If deemed sufficient, an order is issued directing the county clerk and county board to place the proposition on the ballot at the next general election in an even-numbered year.
3. Recall Petition Requirements: Once a recall process is established, the bill specifies the requirements for petitions to recall a countywide elected official. If a valid and sufficient petition is submitted, the State Board of Elections must certify it, leading to a special election where voters will decide on the recall. The bill restricts the filing of more than one recall petition per official per term of office.
Potential Implications:
• If enacted into law, countywide elected officials would be the only local officials subject to recall, except for some municipalities that approved local recall ordinances using their home rule authority. Notable examples include Oak Park, Buffalo Grove, Mount Prospect, Wheeling, Park City and Dolton.
• Implementing recall procedures may require additional administrative resources at the county level, including managing petitions, verifying signatures, and conducting special elections.
Senate Amendment 1 (Adopted)
The amendment to SB 1954 introduces several key changes to the originally proposed legislation regarding the recall of countywide elected officials in Illinois. Here’s a comparative analysis highlighting the primary differences:
1. Initiation of the Recall Process:
• Original Bill: Allowed for the recall process to be initiated either by a county board resolution or by a petition from voters.
• Amended Version: Limits the initiation solely to a county board resolution adopted before the general election of 2026, removing the provision for voter-initiated petitions.
2. Timing of the Referendum:
• Original Bill: Permitted the referendum to be held at the next general election in an even-numbered year following the adoption of the resolution or certification of the petition.
• Amended Version: Specifies that the referendum must be held at the general election of 2026, establishing a fixed timeline for when counties can seek voter approval for the recall process.
3. Definition of “Countywide Elected Official”:
• Original Bill: Did not explicitly exclude any officials from the definition.
• Amended Version: Explicitly excludes county treasurers (who are subject to removal under Section 3-10020) and regional superintendents of schools from the recall process.
4. Petition Requirements for Recall:
• Original Bill: Required a petition signed by at least 15% of the total votes cast for Governor in the county during the preceding gubernatorial election, with signatures collected within 150 days after filing an affidavit of intent.
• Amended Version: Maintains the 15% signature requirement but shortens the collection period to 50 days after filing the affidavit of intent.
5. Filing Window for Affidavit of Intent:
• Original Bill: Allowed the affidavit to be filed no sooner than 6 months after the official’s term began and prohibited filing in the last 6 months of the term.
• Amended Version: Retains these timing restrictions, ensuring that recall efforts cannot commence immediately after an official takes office or as their term is concluding.
6. Certification and Special Election Timeline:
• Original Bill: Did not specify exact timelines for certification and the special election.
• Amended Version: Mandates that the State Board of Elections certify a valid petition within 50 days of filing and that a special election be held within 100 days of certification.
7. Limitations on Recall Attempts:
• Original Bill: Did not explicitly limit the number of recall attempts per term.
• Amended Version: Specifies that only one recall petition can be initiated against a countywide elected official during their current term, preventing multiple recall attempts within the same term.
8. Mootness of Pending Recall Efforts:
• Original Bill: Did not address the status of pending recall petitions or elections if a general election for the same office was imminent.
• Amended Version: States that any recall petition or election pending at the time of the next general election for the same office is considered moot, thereby avoiding redundancy and potential conflicts with the regular electoral process.
Senate Amendment 2 (Adopted)
Senate Amendment 2 to Senate Bill 1954 establishes a process specific to Sangamon County that would allow for the recall of countywide elected officials through a referendum initiated by the Sangamon County Board.
The recall process would first need to be authorized by the voters of Sangamon County via a referendum held during the 2026 general election, prompted by a resolution adopted by the Sangamon County Board. If approved, the county would be permitted to implement a formal mechanism for initiating recall elections for countywide officials.
If the referendum passes, a recall effort could be triggered by a petition signed by at least 15% of the number of voters who cast ballots for Governor in the last gubernatorial election in Sangamon County. The petition must be signed by the petitioning electors within 50 days of filing an affidavit of intent with the State Board of Electors and cannot be filed within the first or last six months of an official’s term. Upon certification of a valid petition by the State Board of Elections, a special election would be held within 100 days. If a majority votes for recall, the official is immediately removed from office, and the vacancy is filled in accordance with existing election law. The amendment also contains provisions to prevent multiple recall attempts within the same term and declares any pending recall efforts moot if a regular election for the office occurs. The entire division enabling this process is set to be repealed on January 1, 2027.
Senate Amendment 3 (Adopted)
Senate Amendment 3 to Senate Bill 1954 makes a change to the petition timeframe included within Senate Amendment 2. Per the amendment, once an affidavit of intent to circulate a recall petition is filed with the State Board of Elections, the petition must be fully signed and submitted within 150 (rather than 50) days.