99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0023

 

Introduced , by Rep. Brian W. Stewart

 

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

    Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Provides for the recall of all State Executive Branch officers and members of the General Assembly. Changes the signature requirements for affidavits and petitions for recall of the Governor. 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-NINTH 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 any Executive Branch officer named in
16Section 1 of Article V the Governor may be proposed by a
17petition signed by a number of electors equal in number to at
18least 10% 15% of the total votes cast for Governor in the
19preceding gubernatorial election, with at least 100 signatures
20from each of at least 25 separate counties. In addition, the
21recall of any member of the General Assembly may be proposed by
22a petition signed by a number of electors equal in number to at
23least 10% of the total votes cast for that office in the

 

 

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1member's Legislative District or Representative District, as
2applicable, in the general election in which the member was
3last elected. A petition shall have been signed by the
4petitioning electors not more than 150 days after an affidavit
5has been filed with the State Board of Elections providing
6notice of intent to circulate a petition to recall the
7Executive Branch officer or member of the General Assembly
8Governor. The affidavit may be filed no sooner than 6 months
9after the beginning of the officer's or member's Governor's
10term of office. The affidavit shall have been signed by the
11proponent of the recall petition, at least 20 members of the
12House of Representatives, and at least 10 members of the
13Senate, with no more than half of the signatures of members of
14each chamber from the same established political party.
15    (b) The form of the petition, circulation, and procedure
16for determining the validity and sufficiency of a petition
17shall be as provided by law. If the petition is valid and
18sufficient, the State Board of Elections shall certify the
19petition not more than 100 days after the date the petition was
20filed, and the question "Shall (name) be recalled from the
21office of (office) Governor?" must be submitted to the electors
22at a special election called by the State Board of Elections,
23to occur not more than 100 days after certification of the
24petition. A recall petition certified by the State Board of
25Elections may not be withdrawn and another recall petition may
26not be initiated against the same officer or member Governor

 

 

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1during the remainder of his or her the current term of office.
2In the case of an Executive Branch officer, any Any recall
3petition or recall election pending on the date of the next
4general election at which a candidate for that office a
5candidate for Governor is elected is moot. In the case of a
6member of the General Assembly, any recall petition or recall
7election pending on the date of the next general election at
8which a member is elected from that member's Legislative or
9Representative District is moot.
10    (c) If a petition to recall an Executive Branch officer or
11member of the General Assembly the Governor has been filed with
12the State Board of Elections, a person eligible to serve in the
13office with respect to which the recall petition has been filed
14as Governor may propose his or her candidacy by a petition
15signed by a number of electors equal in number to the
16requirement for petitions for an established party candidate
17for the office of Governor, signed by petitioning electors not
18more than 50 days after a recall petition has been filed with
19the State Board of Elections. The form of a successor election
20petition, circulation, and procedure for determining the
21validity and sufficiency of a petition shall be as provided by
22law. If the successor election petition is valid and
23sufficient, the State Board of Elections shall certify the
24petition not more than 100 days after the date the recall
25petition to recall the Governor was filed. Names of candidates
26for nomination to serve as the candidate of an established

 

 

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

 

 

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1qualified.
2(Source: Amendment adopted at general election November 2,
32010.)
 
4
SCHEDULE
5    This Constitutional Amendment takes effect upon being
6declared adopted in accordance with Section 7 of the Illinois
7Constitutional Amendment Act.