State of Illinois
91st General Assembly
Legislation

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91_HC0008

 
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 1                       HOUSE JOINT RESOLUTION
 2                      CONSTITUTIONAL AMENDMENT

 3        WHEREAS,  Under  the  Illinois  Constitution  of 1870 the
 4    elected Lieutenant Governor presided over the Illinois Senate
 5    and succeeded the Governor in the event of a vacancy in  that
 6    office; and

 7        WHEREAS,  Under  the  Illinois  Constitution  of 1970 the
 8    Lieutenant Governor does not preside over the Senate, and the
 9    only remaining duties are to succeed the Governor and perform
10    any other functions delegated by the Governor or by  statute;
11    and

12        WHEREAS,  In  the  entire  history of Illinois, only five
13    Lieutenant  Governors  have  succeeded  to  the   office   of
14    Governor,  most  recently in 1968; and in 1981 the Lieutenant
15    Governor resigned, leaving the office vacant for over a  year
16    and a half; and

17        WHEREAS, The Lieutenant Governor could be eliminated from
18    the  chain  of  succession,  and  the  current  statutory and
19    delegated functions  of  the  Lieutenant  Governor  could  be
20    transferred  to  other  agencies  of  State  government,  all
21    without  the  loss  of  services to the citizens of Illinois;
22    therefore, be it

23        RESOLVED,  BY  THE  HOUSE  OF  REPRESENTATIVES   OF   THE
24    NINETY-FIRST  GENERAL  ASSEMBLY OF THE STATE OF ILLINOIS, THE
25    SENATE CONCURRING HEREIN, that there shall  be  submitted  to
26    the  electors  of  the State for adoption or rejection at the
27    general election next occurring at least 6 months  after  the
28    adoption  of this resolution a proposition to amend Article V
29    of the Illinois Constitution by repealing Sections 4  and  14
30    and by changing Sections 1, 2, 3, 6, and 7 as follows:

31                              ARTICLE V
 
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 1                            THE EXECUTIVE

 2        (ILCON Art. V, Sec. 1)
 3    SECTION 1. OFFICERS
 4        The Executive Branch shall include a Governor, Lieutenant
 5    Governor,  Attorney  General, Secretary of State, Comptroller
 6    and Treasurer elected by the  electors  of  the  State.  They
 7    shall keep the public records and maintain a residence at the
 8    seat of government during their terms of office.
 9    (Source: Illinois Constitution.)

10        (ILCON Art. V, Sec. 2)
11    SECTION 2. TERMS
12        The  These elected officers of the Executive Branch shall
13    hold office for four years beginning on the second Monday  of
14    January  after  their election and, except in the case of the
15    Lieutenant Governor, until their  successors  are  qualified.
16    They  shall  be  elected  at the general election in 1978 and
17    every four years thereafter.
18    (Source: Illinois Constitution.)

19        (ILCON Art. V, Sec. 3)
20    SECTION 3. ELIGIBILITY
21        To be eligible to hold the office of Governor, Lieutenant
22    Governor, Attorney General, Secretary of  State,  Comptroller
23    or  Treasurer,  a  person must be a United States citizen, at
24    least 25 years old, and a resident  of  this  State  for  the
25    three years preceding his election.
26    (Source: Illinois Constitution.)

27        (ILCON Art. V, Sec. 4 rep.)
28    SECTION 4. JOINT ELECTION  (REPEALED)
29        In  the  general  election  for  Governor  and Lieutenant
30    Governor, one vote shall be cast jointly for  the  candidates
 
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 1    nominated  by  the  same  political  party  or  petition. The
 2    General Assembly may provide by law for the joint  nomination
 3    of candidates for Governor and Lieutenant Governor.
 4    (Source: Illinois Constitution.)

 5        (ILCON Art. V, Sec. 6)
 6    SECTION 6. GUBERNATORIAL SUCCESSION
 7        (a)  In  the  event of a vacancy, the order of succession
 8    to the office of  Governor  or  to  the  position  of  Acting
 9    Governor  shall  be  the  Lieutenant  Governor,  the  elected
10    Attorney General, the elected Secretary of State, and then as
11    provided by law.
12        (b)  If the Governor is unable to serve because of death,
13    conviction on impeachment, failure to qualify, resignation or
14    other  disability,  the office of Governor shall be filled by
15    the officer next in line of succession for the  remainder  of
16    the term or until the disability is removed.
17        (c)  Whenever  the  Governor  determines  that  he may be
18    seriously impeded in the exercise of his powers, he shall  so
19    notify the Secretary of State and the officer next in line of
20    succession.   The   latter  shall  thereafter  become  Acting
21    Governor with the duties and powers  of  Governor.  When  the
22    Governor  is  prepared  to  resume  office, he shall do so by
23    notifying the Secretary of State and the Acting Governor.
24        (d)  The General Assembly by law shall  specify  by  whom
25    and  by  what procedures the ability of the Governor to serve
26    or to resume office may be  questioned  and  determined.  The
27    Supreme  Court shall have original and exclusive jurisdiction
28    to review such a law and any such determination and,  in  the
29    absence  of  such  a  law, shall make the determination under
30    such rules as it may adopt.
31    (Source: Illinois Constitution.)

32        (ILCON Art. V, Sec. 7)
 
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 1    SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES
 2        If the Attorney General, Secretary of State,  Comptroller
 3    or  Treasurer  fails  to  qualify  or  if  his office becomes
 4    vacant, the Governor shall fill the  office  by  appointment.
 5    The  appointee  shall  hold  office until the elected officer
 6    qualifies or until a successor is elected  and  qualified  as
 7    may be provided by law and shall not be subject to removal by
 8    the  Governor. If the Lieutenant Governor fails to qualify or
 9    if his office becomes vacant, it shall  remain  vacant  until
10    the end of the term.
11    (Source: Illinois Constitution.)

12        (ILCON Art. V, Sec. 14 rep.)
13    SECTION 14. LIEUTENANT GOVERNOR - DUTIES  (REPEALED)
14        The  Lieutenant  Governor  shall  perform  the duties and
15    exercise the powers in  the  Executive  Branch  that  may  be
16    delegated  to  him by the Governor and that may be prescribed
17    by law.
18    (Source: Illinois Constitution.)

19                              SCHEDULE
20        This  Constitutional  Amendment  takes  effect  upon  the
21    conclusion of the term of the Lieutenant Governor elected  in
22    1998.

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