SC0017 96TH GENERAL ASSEMBLY

LRB096 08989 JAM 19128 e

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0017

Introduced 2/11/2009, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

ILCON Art. III, Sec. 7

Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Provides for recall of executive branch constitutional officers and election of successor candidates. Specifies that the provisions are self-executing and judicially enforceable. Effective upon being declared adopted.

A BILL FOR

SENATE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES 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 amend Article III of the Illinois Constitution by adding Section 7 as follows:

ARTICLE III

SUFFRAGE AND ELECTIONS

(ILCON Art. III, Sec. 7) SECTION 7. RECALL OF EXECUTIVE OFFICERS

(a) The electors of the State may petition for the recall of an executive branch officer as identified in Section 1 of Article V. Upon certification of the recall petition as valid, the question "Shall (officer) be recalled from the office of (office)?" must be submitted to the electors, along with the names of any candidates certified for the successor election, on a separate ballot containing only the recall question and candidates for the successor election, at a special election called by the State Board of Elections or at a regularly scheduled election, the election in either case to occur not more than 90 days after the date of certification of the recall petition. The officer subject to recall may not be a candidate in the successor election.

(b) An executive branch officer is immediately removed upon certification by the State Board of Elections that a majority of the electors voting on the question voted to recall the officer. If an officer is recalled, the candidate who receives the highest number of votes in the successor election is elected successor for the balance of the term. Once a recall petition is certified, the petition may not be withdrawn. Another recall petition may not be initiated against that officer during the remainder of his or her current term of office.

(c) Any elector of the State may file an affidavit with the State Board of Elections providing notice of intent to circulate a petition to recall an officer no sooner than 6 months after the beginning of the officer's current term of office. The affidavit must identify the name of the officer, the office to be recalled, the name and address of the proponents of the recall petition, and the date of filing of the affidavit with the State Board of Elections. A recall petition shall not be circulated prior to filing of the affidavit. A recall petition must be filed with the State Board of Elections within 150 days after the filing of the affidavit.

(d) A petition to recall an executive branch officer must include signatures of electors of the State equal to at least 15% of the total votes cast for the office in the election at which the officer was elected, with 100 signatures from each of at least 25 separate counties.

The same standards and requirements governing statewide advisory public questions shall also govern the formatting, circulation, and filing of a recall petition, except as may otherwise be provided in this Section.

(e) The State Board of Elections shall certify the recall petition not more than 30 days after the date the recall petition is filed, provided that the petition meets all of the requirements set forth in this Section. Any recall petition or election pending on the date of the next general election at which a candidate for the office subject to recall is elected is moot.

(f) If a recall election is initiated, the name of a successor candidate may not appear on the ballot unless a nominating petition has been filed with the State Board of Elections within 30 days after the certification of the recall petition. The nominating petition of a candidate for the successor election must contain the same number of signatures and be circulated in the same manner as required for the nominating petition of an independent or new party candidate for nomination to the office subject to recall. Nominating petitions may be filed no sooner than the day after the filing of the affidavit required in subsection (c). The State Board of Elections shall certify a valid nominating petition not more than 30 days after the date the recall petition is certified, provided the petition conforms to the requirements set forth in this Section.

(g) An election to determine whether to recall an executive officer and to elect a successor shall be proclaimed by the State Board of Elections and held not less than 90 days and no more than 120 days after the date of certification of the recall petition.

(h) The provisions of this Section are self-executing and judicially enforceable.

SCHEDULE

The State Board of Elections shall proceed, as soon as all the returns are received but no later than 31 days after the election, to canvass the votes given for and against this Constitutional Amendment, as shown by the abstracts of votes cast. If this Constitutional Amendment is approved by either three-fifths of those voting on the question or a majority of those voting in the election, then the State Board of Elections shall declare the adoption of this Constitutional Amendment and it shall, upon declaration of its adoption, take effect and become a part of the Constitution of this State. This Schedule supersedes and applies notwithstanding any statute to the contrary, and no other requirements, including without limitation proclamation of the results of the vote or notice by publication, are necessary for its effectiveness.