|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | HOUSE JOINT RESOLUTION
| |||||||||||||||||||
2 | CONSTITUTIONAL AMENDMENT
| |||||||||||||||||||
3 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | |||||||||||||||||||
4 | NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | |||||||||||||||||||
5 | SENATE CONCURRING HEREIN, that there shall be submitted to the | |||||||||||||||||||
6 | electors of the State for adoption or rejection at the general | |||||||||||||||||||
7 | election next occurring at least 6 months after the adoption of | |||||||||||||||||||
8 | this resolution a proposition to amend Article III of the | |||||||||||||||||||
9 | Illinois Constitution by adding Section 7 as follows:
| |||||||||||||||||||
10 | ARTICLE III
| |||||||||||||||||||
11 | SUFFRAGE AND ELECTIONS
| |||||||||||||||||||
12 | (ILCON Art. III, Sec. 7) | |||||||||||||||||||
13 | SECTION 7. RECALL OF EXECUTIVE OFFICERS | |||||||||||||||||||
14 | (a) The electors of the State may petition for the recall | |||||||||||||||||||
15 | of an executive branch officer as identified in Section 1 of | |||||||||||||||||||
16 | Article V. Upon certification of the recall petition as valid, | |||||||||||||||||||
17 | the question "Shall (officer) be recalled from the office of | |||||||||||||||||||
18 | (office)?" must be submitted to the electors, along with the | |||||||||||||||||||
19 | names of any candidates certified for the successor election, | |||||||||||||||||||
20 | on a separate ballot containing only the recall question and | |||||||||||||||||||
21 | candidates for the successor election, at a special election | |||||||||||||||||||
22 | called by the State Board of Elections or at a regularly | |||||||||||||||||||
23 | scheduled election, the election in either case to occur not |
| |||||||
| |||||||
1 | more than 90 days after the date of certification of the recall | ||||||
2 | petition. The officer subject to recall may not be a candidate | ||||||
3 | in the successor election. | ||||||
4 | (b) An executive branch officer is immediately removed upon | ||||||
5 | certification by the State Board of Elections that a majority | ||||||
6 | of the electors voting on the question voted to recall the | ||||||
7 | officer. If an officer is recalled, the candidate who receives | ||||||
8 | the highest number of votes in the successor election is | ||||||
9 | elected successor for the balance of the term. Once a recall | ||||||
10 | petition is certified, the petition may not be withdrawn. | ||||||
11 | Another recall petition may not be initiated against that | ||||||
12 | officer during the remainder of his or her current term of | ||||||
13 | office. | ||||||
14 | (c) Any elector of the State may file an affidavit with the | ||||||
15 | State Board of Elections providing notice of intent to | ||||||
16 | circulate a petition to recall an officer no sooner than 6 | ||||||
17 | months after the beginning of the officer's current term of | ||||||
18 | office. The affidavit must identify the name of the officer, | ||||||
19 | the office to be recalled, the name and address of the | ||||||
20 | proponents of the recall petition, and the date of filing of | ||||||
21 | the affidavit with the State Board of Elections. A recall | ||||||
22 | petition shall not be circulated prior to filing of the | ||||||
23 | affidavit. A recall petition
must be filed with the State Board | ||||||
24 | of Elections within 150 days after the filing of the affidavit. | ||||||
25 | (d) A petition to recall an executive branch officer must | ||||||
26 | include signatures of electors of the State equal to at least |
| |||||||
| |||||||
1 | 15% of the total votes cast for the office in the election at | ||||||
2 | which the officer was elected, with 100 signatures from each of | ||||||
3 | at least 25 separate counties. | ||||||
4 | The same standards and requirements governing statewide | ||||||
5 | advisory public questions shall also govern the formatting, | ||||||
6 | circulation, and filing of a recall petition, except as may | ||||||
7 | otherwise be provided in this Section. | ||||||
8 | (e) The State Board of Elections shall certify the recall | ||||||
9 | petition not more than 30 days after the date the recall | ||||||
10 | petition is filed, provided that the petition meets all of the | ||||||
11 | requirements set forth in this Section. Any recall petition or | ||||||
12 | election pending on the date of the next general election at | ||||||
13 | which a candidate for the office subject to recall is elected | ||||||
14 | is moot. | ||||||
15 | (f) If a recall election is initiated, the name of a | ||||||
16 | successor candidate may not appear on the ballot unless a | ||||||
17 | nominating petition has been filed with the State Board of | ||||||
18 | Elections within 30 days after the certification of the recall | ||||||
19 | petition. The nominating petition of a candidate for the | ||||||
20 | successor election must contain the same number of signatures | ||||||
21 | and be circulated in the same manner as required for the | ||||||
22 | nominating petition of an independent or new party candidate | ||||||
23 | for nomination to the office subject to recall. Nominating | ||||||
24 | petitions may be filed no sooner than the day after the filing | ||||||
25 | of the affidavit required in subsection (c). The State Board of | ||||||
26 | Elections shall certify a valid nominating petition not more |
| |||||||
| |||||||
1 | than 30 days after the date the recall petition is certified, | ||||||
2 | provided the petition conforms to the requirements set forth in | ||||||
3 | this Section. | ||||||
4 | (g) An election to determine whether to recall an executive | ||||||
5 | officer and to elect a successor shall be proclaimed by the | ||||||
6 | State Board of Elections and held not less than 90 days and no | ||||||
7 | more than 120 days after the date of certification of the | ||||||
8 | recall petition. | ||||||
9 | (h) The provisions of this Section are self-executing and | ||||||
10 | judicially enforceable.
| ||||||
11 | SCHEDULE
| ||||||
12 | The State Board of Elections shall proceed, as soon as all | ||||||
13 | the returns are received but no later than 31 days after the | ||||||
14 | election, to canvass the votes given for and against this | ||||||
15 | Constitutional Amendment, as shown by the abstracts of votes | ||||||
16 | cast. If this Constitutional Amendment is approved by either | ||||||
17 | three-fifths of those voting on the question or a majority of | ||||||
18 | those voting in the election, then the State Board of Elections | ||||||
19 | shall declare the adoption of this Constitutional Amendment and | ||||||
20 | it shall, upon declaration of its adoption, take effect and | ||||||
21 | become a part of the Constitution of this State. This Schedule | ||||||
22 | supersedes
and applies notwithstanding any statute to the | ||||||
23 | contrary, and no other requirements, including without | ||||||
24 | limitation proclamation of the results of the vote or notice by | ||||||
25 | publication, are necessary for its effectiveness.
|