HJ0121enr 96TH GENERAL ASSEMBLY

HJ0121 Enrolled LRB096 22277 EFG 41229 r

HOUSE JOINT RESOLUTION 121

WHEREAS, The 96th General Assembly of the State of Illinois has submitted House Joint Resolution Constitutional Amendment 31, a proposition to amend the Illinois Constitution, to the voters of Illinois at the November 2010 general election; and

WHEREAS, The Illinois Constitutional Amendment Act requires the General Assembly to prepare a brief explanation of the proposed amendment, a brief argument in favor of the amendment, a brief argument against the amendment, and the form in which the amendment will appear on the ballot, and also requires the information to be published and distributed to the electorate; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the proposed form of new Section 7 of Article III shall be published as follows:

"ARTICLE III

SUFFRAGE AND ELECTIONS

SECTION 7. INITIATIVE TO RECALL GOVERNOR

(a) The recall of the Governor may be proposed by a petition signed by a number of electors equal in number to at least 15% of the total votes cast for Governor in the preceding gubernatorial election, with at least 100 signatures from each of at least 25 separate counties. A petition shall have been signed by the petitioning electors not more than 150 days after an affidavit has been filed with the State Board of Elections providing notice of intent to circulate a petition to recall the Governor. The affidavit may be filed no sooner than 6 months after the beginning of the Governor's term of office. The affidavit shall have been signed by the proponent of the recall petition, at least 20 members of the House of Representatives, and at least 10 members of the Senate, with no more than half of the signatures of members of each chamber from the same established political party.

(b) The form of the petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition was filed, and the question "Shall (name) be recalled from the office of Governor?" must be submitted to the electors at a special election called by the State Board of Elections, to occur not more than 100 days after certification of the petition. A recall petition certified by the State Board of Elections may not be withdrawn and another recall petition may not be initiated against the Governor during the remainder of the current term of office. Any recall petition or recall election pending on the date of the next general election at which a candidate for Governor is elected is moot.

(c) If a petition to recall the Governor has been filed with the State Board of Elections, a person eligible to serve as Governor may propose his or her candidacy by a petition signed by a number of electors equal in number to the requirement for petitions for an established party candidate for the office of Governor, signed by petitioning electors not more than 50 days after a recall petition has been filed with the State Board of Elections. The form of a successor election petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the successor election petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition to recall the Governor was filed. Names of candidates for nomination to serve as the candidate of an established political party must be submitted to the electors at a special primary election, if necessary, called by the State Board of Elections to be held at the same time as the special election on the question of recall established under subsection (b). Names of candidates for the successor election must be submitted to the electors at a special successor election called by the State Board of Elections, to occur not more than 60 days after the date of the special primary election or on a date established by law.

(d) The Governor is immediately removed upon certification of the recall election results if a majority of the electors voting on the question vote to recall the Governor. If the Governor is removed, then (i) an Acting Governor determined under subsection (a) of Section 6 of Article V shall serve until the Governor elected at the special successor election is qualified and (ii) the candidate who receives the highest number of votes in the special successor election is elected Governor for the balance of the term."; and be it further

RESOLVED, That a brief explanation of the proposed amendment, a brief argument in favor of the amendment, a brief argument against the amendment, and the form in which the amendment will appear on the ballot shall be published and distributed as follows:

PROPOSED AMENDMENT

TO ADD SECTION 7 TO ARTICLE III

OF THE ILLINOIS CONSTITUTION

That will be submitted to the voters

November 2, 2010

This pamphlet includes

EXPLANATION OF THE PROPOSED AMENDMENT

ARGUMENTS IN FAVOR OF THE AMENDMENT

ARGUMENTS AGAINST THE AMENDMENT

FORM OF BALLOT To the Electors of the State of Illinois:

The purpose of a state constitution is to establish a structure for government and laws. The Illinois Constitution provides citizens with rights and protections; creates the executive, judicial, and legislative branches of government; clarifies the powers given to local governments; limits the taxing power of the State; and imposes certain restrictions on the use of taxpayer dollars. There are three ways to initiate change to the Illinois Constitution: (1) a constitutional convention may propose changes to any part; (2) the General Assembly may propose changes to any part; or (3) the people of the State by referendum may propose changes to the Legislative Article. Regardless of the method of initiating change, the people of Illinois must approve any changes to the Constitution before they become effective.

The proposed amendment, which takes effect upon approval by the voters, adds Section 7 to the Suffrage and Elections Article of the Illinois Constitution. The new section would provide the State's electors with an option to petition for a special election to recall a Governor and for the election of a successor Governor. At the general election to be held on November 2, 2010, you will be called upon to decide whether the proposed amendment should become part of the Illinois Constitution.

EXPLANATION

The Illinois Constitution provides the General Assembly with exclusive authority to remove a Governor through the impeachment process. The Illinois Constitution also provides that the order of succession to the office of Governor shall be the Lieutenant Governor, the elected Attorney General, the elected Secretary of State, and then as provided by law. The proposed amendment would provide the State's electors with the ability to initiate a special election to recall a Governor and elect a new Governor.

To begin the recall process, an elector must file an affidavit of intent to circulate petitions to recall a Governor no sooner than 6 months after the beginning of the Governor's term of office. The affidavit must include signatures of the proponent of the recall petition, at least 20 members of the House of Representatives, and at least 10 members of the Senate, with no more than half of the signatures in each chamber from the same political party. After filing the affidavit with the State Board of Elections, the proponent has 150 days to circulate a petition. The petition must include signatures equal to 15% of the total votes cast for Governor in the preceding gubernatorial election, with at least 100 signatures from a minimum of 25 counties. Within 100 days, the State Board of Elections must certify or reject the petition, and if the Board certifies the petition, a special election must be held within 100 days after the certification. The special election ballot shall include the question, "Shall (name) be removed from the office of Governor?". The Governor is immediately removed if a majority of the electors voting on the question vote to recall the Governor.

Persons seeking to be elected to serve as the successor Governor may circulate nomination petitions. A petition must be signed by 5,000 electors. If multiple candidates of the same party file petitions, a special primary election will occur on the same day as the recall election.

If a Governor is recalled, a special election to elect the successor Governor must take place within 60 days. An Acting Governor, as determined by the order of succession, shall assume the duties of the Governor until the electors choose a new Governor. The special election ballot will include the names of the candidates nominated at the special primary election, as well as any independent or new party candidates, on a special election ballot. The candidate receiving the highest number of votes shall be elected Governor for the balance of the term.

Voters that believe the Illinois Constitution should be amended to provide for a special election to recall a Governor and for a special election to elect a successor Governor should vote "YES" on the question. Three-fifths of those voting on the question, or a majority of those voting in the election, must vote "YES" in order for the amendment to become effective. Voters that believe the Illinois Constitution should not be amended to provide for a special election to recall a Governor and for a special election to elect a successor Governor should vote "NO" on the question.

Arguments In Favor of the Proposed Amendment

1. Electors of the State should have the ability to remove a Governor mid-term.

2. The recall process increases citizen participation.

3. Electors should not have to rely on the impeachment process.

Check on a Governor Currently, a Governor may serve his or her full term without fear of public reprisal. Recall will serve as a warning to a Governor that the will of the people cannot be taken for granted. Furthermore, simply permitting the electors to circulate petitions serves as an important check on the activities of a Governor.

Increases Citizen Participation Permitting the electors to initiate the recall process encourages citizen participation in government. Electors are granted an additional power with regard to protections against improper governance. Citizens will have the power to initiate a recall if they believe it is in the best interest of the State. This Constitutional Amendment would give Illinois citizens a recall mechanism similar to that available to the citizens of eighteen other states.

Impeachment Is Not Certain There is no guarantee that the General Assembly will conduct impeachment hearings or impeach and remove a Governor. The electors should have a mechanism to begin the process if the General Assembly fails to do so. A focused recall effort will inform the General Assembly of the public's desire for impeachment.

Arguments Against the Proposed Amendment

1. The cost of a special election to recall a Governor could total as much as $101 million.

2. A Governor can be removed through the impeachment process.

3. Recall elections will be used to play political games, rather than ensure the welfare of the citizens.

Expenses Could Be High Illinois is in the midst of a financial crisis that would be made worse by holding a special election to recall a Governor and a special election to elect a successor Governor. The State Board of Elections estimates the total costs could reach $101,070,000. Considering that a Governor is elected every 4 years and we can remove a Governor through the impeachment process, a special election is a major expense that taxpayers do not need.

The Impeachment Process Works The House of Representatives has the sole power to conduct investigations and impeach a Governor. Impeachments are tried by the Senate and, if the Governor is convicted, the Senate may remove the Governor and disqualify him or her from holding any public office in Illinois. The impeachment process ensures that serious abuses and misconduct are not tolerated. The citizens of Illinois are now familiar with the impeachment process.

Political Games The process established by the amendment could lead to political gamesmanship. Coordinating a statewide effort to recall a Governor will be expensive and can be accomplished only with the financial assistance of political parties, special interest groups, and lobbyists. These groups will coordinate recall petition drives to advance their own agendas. Additionally, a Governor concerned about the threat of recall may be unable to make unpopular decisions, even if the decision is in the best interest of the State. There is no way to ensure that the recall process will be used to remove a Governor for cause, rather than merely for political purposes.

FORM OF BALLOT

Proposed Amendment to the 1970 Illinois Constitution

Explanation of Amendment

The proposed amendment, which takes effect upon approval by the voters, adds a new section to the Suffrage and Elections Article of the Illinois Constitution. The new section would provide the State's electors with an option to petition for a special election to recall a Governor and for the special election of a successor Governor. At the general election to be held on November 2, 2010, you will be called upon to decide whether the proposed amendment should become part of the Illinois Constitution.

If you believe the Illinois Constitution should be amended to provide for a special election to recall a Governor and for a special election to elect a successor Governor, you should vote "YES" on the question. If you believe the Illinois Constitution should not be amended to provide for a special election to recall a Governor and for a special election to elect a successor Governor, you should vote "NO" on the question. Three-fifths of those voting on the question or a majority of those voting in the election must vote "YES" in order for the amendment to become effective.

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YES For the proposed addition - ---------- of Section 7 to Article III NO of the Illinois Constitution.

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