97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0027

 

Introduced , by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. III, Sec. 7

    Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Provides for elections to recall State executive branch officers and members of the General Assembly. Effective upon being declared adopted.


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1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Section 7 of Article III
9of the Illinois Constitution as follows:
 
10
ARTICLE III
11
SUFFRAGE AND ELECTIONS

12    (ILCON Art. III, Sec. 7)
13SECTION 7. INITIATIVE TO RECALL EXECUTIVE OFFICERS AND MEMBERS
14OF THE GENERAL ASSEMBLY GOVERNOR
15    (a) The recall of an executive branch officer as identified
16in Section 1 of Article V the Governor may be proposed by a
17petition signed by a number of electors equal in number to at
18least 15% of the total votes cast for that office Governor in
19the election at which the officer was last elected preceding
20gubernatorial election, with at least 100 signatures from each
21of at least 25 separate counties. A petition shall have been
22signed by the petitioning electors not more than 150 days after
23an affidavit has been filed with the State Board of Elections

 

 

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1providing notice of intent to circulate a petition to recall
2the officer Governor. The affidavit may be filed no sooner than
36 months after the beginning of the officer's Governor's term
4of office. The affidavit shall have been signed by the
5proponent of the recall petition, at least 20 members of the
6House of Representatives, and at least 10 members of the
7Senate, with no more than half of the signatures of members of
8each chamber from the same established political party.
9    (a-5) In addition, electors may petition for the recall of
10a member of the General Assembly. A petition to recall a member
11of the General Assembly must be signed by electors of the
12respective Legislative District or Representative District
13equal to at least 20% of the total votes cast for the office in
14the election at which the member was elected. The form,
15circulation, and manner of filing a recall petition shall
16comply with the requirements provided by law for a statewide
17advisory public question, except the deadlines set forth in
18this Section.
19    (b) The form of the petition, circulation, and procedure
20for determining the validity and sufficiency of a petition
21shall be as provided by law. If the petition is valid and
22sufficient, the State Board of Elections shall certify the
23petition not more than 100 days after the date the petition was
24filed, and the question "Shall (name) be recalled from (office)
25the office of Governor?" must be submitted to the electors at a
26special election called by the State Board of Elections, to

 

 

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1occur not more than 100 days after certification of the
2petition. A recall petition certified by the State Board of
3Elections may not be withdrawn and another recall petition may
4not be initiated against the member or officer Governor during
5the remainder of the current term of office. Any recall
6petition or recall election pending on the date of the next
7general election at which a candidate for the office subject to
8recall Governor is elected is moot.
9    (c) If a recall petition petition to recall the Governor
10has been filed with the State Board of Elections, a person
11eligible to serve in the office with respect to which the
12recall petition has been filed as Governor may propose his or
13her candidacy by a petition signed by a number of electors
14equal in number to the requirement for petitions for an
15established party candidate for the office of Governor, signed
16by petitioning electors not more than 50 days after a recall
17petition has been filed with the State Board of Elections. The
18form of a successor election petition, circulation, and
19procedure for determining the validity and sufficiency of a
20petition shall be as provided by law. If the successor election
21petition is valid and sufficient, the State Board of Elections
22shall certify the petition not more than 100 days after the
23date the recall petition to recall the Governor was filed.
24Names of candidates for nomination to serve as the candidate of
25an established political party must be submitted to the
26electors at a special primary election, if necessary, called by

 

 

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1the State Board of Elections to be held at the same time as the
2special election on the question of recall established under
3subsection (b). Names of candidates for the successor election
4must be submitted to the electors at a special successor
5election called by the State Board of Elections, to occur not
6more than 60 days after the date of the special primary
7election or on a date established by law.
8    (d) The Executive Branch officer or member of the General
9Assembly Governor is immediately removed upon certification of
10the recall election results if a majority of the electors
11voting on the question vote in favor of recall to recall the
12Governor. If the Governor is removed, then (i) an Acting
13Governor determined under subsection (a) of Section 6 of
14Article V shall serve until the Governor elected at the special
15successor election is qualified and (ii) the candidate who
16receives the highest number of votes in the special successor
17election is elected Governor for the balance of the term. If an
18Executive Branch officer other than the Governor is removed,
19then the Governor shall appoint a successor as provided in
20Section 7 of Article V to serve until a successor is elected at
21the special successor election and qualified. If a member of
22the General Assembly is removed, then a successor shall be
23appointed as provided in Section 2 of Article IV to serve until
24a successor is elected at the special successor election and
25qualified.
26(Source: Amendment adopted at general election November 2,

 

 

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12010.)
 
2
SCHEDULE
3    This Constitutional Amendment takes effect upon being
4declared adopted in accordance with Section 7 of the Illinois
5Constitutional Amendment Act.