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Abstract

In January of 2023, Illinois signed the Protect Illinois Communities Act into law. The law’s passage caused concern for those who were strong proponents of the Second Amendment. The law prohibited the possession, ownership, distribution, and sale of assault weapons. As a result, approximately ninety Illinois county sheriffs issued statements opposing the law as an infringement of one’s right to bear arms. Furthermore, many of the county sheriffs stated that they would not enforce the law because it was unconstitutional. In most states, the office of county sheriff is created through the state constitution. A county sheriff’s duties, including enforcement of the law, are codified by statute. Those duties do not include declaring a law unconstitutional. The actions taken by the county sheriffs present a concerning situation to the public it is sworn to protect. This Article examines the circumstances in which an elected county sheriff could be removed absent voter approval. The removal of a county sheriff, however, presents some obstacles procedurally and legally. Historically, the removal of a county sheriff is an uncommon practice outside of an election. Regardless, some legal theories, although untested, exist that could hold county sheriffs accountable for exceeding their authority and usurping power away from the courts.

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