HC0028 95TH GENERAL ASSEMBLY

LRB095 12660 RCE 38003 e

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0028

Introduced 8/1/2007, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

ILCON Art. III, Sec. 4.1 new

ILCON Art. III, Sec. 4.2 new

ILCON Art. III, Sec. 4.3 new

ILCON Art. III, Sec. 4.4 new

ILCON Art. III, Sec. 4.5 new

ILCON Art. III, Sec. 4.6 new

Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Provides for elections to recall State executive branch officers, members of the General Assembly, and supreme, appellate, and circuit judges. Sets forth requirements for petitions and elections. Allows the General Assembly, by law, to provide for recall of officers of units of local government and school districts. Contains other provisions. Effective upon being declared adopted.

A BILL FOR

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to add Sections 4.1, 4.2, 4.3, 4.4, 4.5, and 4.6 to Article III of the Illinois Constitution as follows:

ARTICLE III

SUFFRAGE AND ELECTIONS

(ILCON Art. III, Sec. 4.1 new)

SECTION 4.1. RECALL PETITIONS; STATE OFFICERS

(a) Recall of an executive branch officer, as identified in Section 1 of Article V, a member of the General Assembly, or a supreme, appellate, or circuit judge is initiated by delivering to the Secretary of State a petition alleging reason for recall. Sufficiency of reason is not reviewable. After the initial petition is filed, proponents have 160 days to file signed petitions.

(b) A petition to recall an executive branch officer must be signed by electors of the State equal to at least 12% of the last vote for the office, with signatures from each of at least 5 counties equal to at least 1% of the last vote for the office in the county. A petition to recall a member of the General Assembly or a supreme, an appellate, or a circuit judge must be signed by electors of the district that elected the member or judge equal to at least 20% of the last vote for the office.

(c) The Secretary of State shall maintain a continuous count of the signatures certified to the Secretary.

(ILCON Art. III, Sec. 4.2 new)

SECTION 4.2. RECALL ELECTIONS; STATE OFFICERS

(a) An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the Governor and held not less than 60 days nor more than 80 days after the date of certification of sufficient signatures.

(b) A recall election may be conducted within 180 days after the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, but only if the number of voters eligible to vote at that next regularly scheduled election equal at least 50% of all the voters eligible to vote at the recall election.

(c) If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor for the balance of the term. The officer subject to recall may not be a candidate.

(ILCON Art. III, Sec. 4.3 new)

SECTION 4.3. RECALL ELECTIONS; LAW IMPLEMENTING

The General Assembly, by law, shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election.

(ILCON Art. III, Sec. 4.4 new)

SECTION 4.4. RECALL; GOVERNOR'S OR SECRETARY'S DUTIES

If recall of the Governor or Secretary of State is initiated, the recall duties of that officer shall be performed by the Lieutenant Governor or Comptroller, respectively.

(ILCON Art. III, Sec. 4.5 new)

SECTION 4.5. RECALL; INITIATE ANEW

If an officer is not recalled at an election, then another recall may not be initiated against that officer until at least 6 months after the election.

(ILCON Art. III, Sec. 4.6 new)

SECTION 4.6. RECALL; LOCAL OFFICIALS BY LAW

Officers of units of local government and school districts who hold office either by election or by appointment to fill a vacancy in an elected office are not subject to Sections 4.1 through 4.5, but the General Assembly, by law, may provide for recall of those officers.

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.