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1 | SENATE JOINT RESOLUTION
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2 | CONSTITUTIONAL AMENDMENT
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3 | RESOLVED, BY THE SENATE OF THE NINETY-NINTH GENERAL | ||||||||||||||||||||||||
4 | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | ||||||||||||||||||||||||
5 | 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 Section 2 of Article IV | ||||||||||||||||||||||||
9 | and Section 7 of Article V of the Illinois Constitution and to | ||||||||||||||||||||||||
10 | add Sections 9 and 10 to Article III of the Illinois | ||||||||||||||||||||||||
11 | Constitution as follows:
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12 | ARTICLE III
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13 | SUFFRAGE AND ELECTIONS
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14 | (ILCON Art. III, Sec. 9 new) | ||||||||||||||||||||||||
15 | SECTION 9. INITIATIVE TO RECALL EXECUTIVE BRANCH OFFICERS OTHER | ||||||||||||||||||||||||
16 | THAN THE GOVERNOR | ||||||||||||||||||||||||
17 | (a) The recall of an executive branch officer other than | ||||||||||||||||||||||||
18 | the Governor may be proposed by a petition signed by a number | ||||||||||||||||||||||||
19 | of electors equal in number to at least 15% of the total votes | ||||||||||||||||||||||||
20 | cast for Governor in the preceding gubernatorial election, with | ||||||||||||||||||||||||
21 | at least 100 signatures from each of at least 25 separate | ||||||||||||||||||||||||
22 | counties. A petition shall have been signed by the petitioning | ||||||||||||||||||||||||
23 | electors not more than 150 days after an affidavit has been |
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1 | filed with the State Board of Elections providing notice of | ||||||
2 | intent to circulate a petition to recall the Governor. The | ||||||
3 | affidavit may be filed no sooner than 6 months after the | ||||||
4 | beginning of the executive branch officer's term of office. The | ||||||
5 | affidavit shall have been signed by the proponent of the recall | ||||||
6 | petition, at least 20 members of the House of Representatives, | ||||||
7 | and at least 10 members of the Senate, with no more than half | ||||||
8 | of the signatures of members of each chamber from the same | ||||||
9 | established political party. | ||||||
10 | (b) The form of the petition, circulation, and procedure | ||||||
11 | for determining the validity and sufficiency of a petition | ||||||
12 | shall be as provided by law. If the petition is valid and | ||||||
13 | sufficient, the State Board of Elections shall certify the | ||||||
14 | petition not more than 100 days after the date the petition was | ||||||
15 | filed, and the question "Shall (name) be recalled from the | ||||||
16 | office of (executive branch office)?" must be submitted to the | ||||||
17 | electors at a special election called by the State Board of | ||||||
18 | Elections, to occur not more than 100 days after certification | ||||||
19 | of the petition. A recall petition certified by the State Board | ||||||
20 | of Elections may not be withdrawn and another recall petition | ||||||
21 | may not be initiated against an executive branch officer during | ||||||
22 | the remainder of the current term of office. Any recall | ||||||
23 | petition or recall election pending on the date of the next | ||||||
24 | general election at which a candidate for that executive branch | ||||||
25 | officer is elected is moot. | ||||||
26 | (c) If a petition to recall an executive branch officer has |
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1 | been filed with the State Board of Elections, a person eligible | ||||||
2 | to serve as an executive branch officer may propose his or her | ||||||
3 | candidacy by a petition signed by a number of electors equal in | ||||||
4 | number to the requirement for petitions for an established | ||||||
5 | party candidate for the executive branch office, signed by | ||||||
6 | petitioning electors not more than 50 days after a recall | ||||||
7 | petition has been filed with the State Board of Elections. The | ||||||
8 | form of a successor election petition, circulation, and | ||||||
9 | procedure for determining the validity and sufficiency of a | ||||||
10 | petition shall be as provided by law. If the successor election | ||||||
11 | petition is valid and sufficient, the State Board of Elections | ||||||
12 | shall certify the petition not more than 100 days after the | ||||||
13 | date the petition to recall the executive branch officer was | ||||||
14 | filed. Names of candidates for nomination to serve as the | ||||||
15 | candidate of an established political party must be submitted | ||||||
16 | to the electors at a special primary election, if necessary, | ||||||
17 | called by the State Board of Elections to be held at the same | ||||||
18 | time as the special election on the question of recall | ||||||
19 | established under subsection (b). Names of candidates for the | ||||||
20 | successor election must be submitted to the electors at a | ||||||
21 | special successor election called by the State Board of | ||||||
22 | Elections, to occur not more than 60 days after the date of the | ||||||
23 | special primary election or on a date established by law. | ||||||
24 | (d) The executive branch officer is immediately removed | ||||||
25 | upon certification of the recall election results if a majority | ||||||
26 | of the electors voting on the question vote to recall the |
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1 | executive branch officer. If the executive branch officer is | ||||||
2 | removed, then the Governor shall temporarily appoint a | ||||||
3 | qualified individual to the vacant executive branch office | ||||||
4 | until the executive branch officer elected at the special | ||||||
5 | successor election is qualified and (ii) the candidate who | ||||||
6 | receives the highest number of votes in the special successor | ||||||
7 | election is elected executive branch officer for the balance of | ||||||
8 | the term. | ||||||
9 | (ILCON Art. III, Sec. 10 new) | ||||||
10 | SECTION 10. INITIATIVE TO RECALL A MEMBER OF THE GENERAL | ||||||
11 | ASSEMBLY | ||||||
12 | (a) The recall of a member of the General Assembly may be | ||||||
13 | proposed by a petition signed by electors of the district that | ||||||
14 | elected the member equal in number to at least 15% of the total | ||||||
15 | votes cast for Governor in the preceding gubernatorial election | ||||||
16 | in that Legislative or Representative District. A petition | ||||||
17 | shall have been signed by the petitioning electors not more | ||||||
18 | than 150 days after an affidavit has been filed with the State | ||||||
19 | Board of Elections providing notice of intent to circulate a | ||||||
20 | petition to recall the member of the General Assembly. The | ||||||
21 | affidavit may be filed no sooner than 6 months after the | ||||||
22 | beginning of the member's term of office. The affidavit shall | ||||||
23 | have been signed by the proponent of the recall petition, at | ||||||
24 | least 20 members of the House of Representatives if the member | ||||||
25 | for which recall is sought is a member of the House of |
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1 | Representatives, and at least 10 members of the Senate if the | ||||||
2 | member for which recall is sought is a member of the Senate, | ||||||
3 | with no more than half of the signatures of members from the | ||||||
4 | same established political party. | ||||||
5 | (b) The form of the petition, circulation, and procedure | ||||||
6 | for determining the validity and sufficiency of a petition | ||||||
7 | shall be as provided by law. If the petition is valid and | ||||||
8 | sufficient, the State Board of Elections shall certify the | ||||||
9 | petition not more than 100 days after the date the petition was | ||||||
10 | filed, and the question "Shall (name) be recalled from the | ||||||
11 | office of (House or Senate)?" must be submitted to the electors | ||||||
12 | at a special election called by the State Board of Elections, | ||||||
13 | to occur not more than 100 days after certification of the | ||||||
14 | petition. A recall petition certified by the State Board of | ||||||
15 | Elections may not be withdrawn and another recall petition may | ||||||
16 | not be initiated against a member of the General Assembly | ||||||
17 | officer during the remainder of the current term of office. Any | ||||||
18 | recall petition or recall election pending on the date of the | ||||||
19 | next general election at which a candidate for that member of | ||||||
20 | the General Assembly is elected is moot. | ||||||
21 | (c) If a petition to recall a member of the General | ||||||
22 | Assembly has been filed with the State Board of Elections, a | ||||||
23 | person eligible to serve as a member of the General Assembly | ||||||
24 | may propose his or her candidacy by a petition signed by a | ||||||
25 | number of electors equal in number to the requirement for | ||||||
26 | petitions for an established party candidate for the General |
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1 | Assembly, signed by petitioning electors not more than 50 days | ||||||
2 | after a recall petition has been filed with the State Board of | ||||||
3 | Elections. The form of a successor election petition, | ||||||
4 | circulation, and procedure for determining the validity and | ||||||
5 | sufficiency of a petition shall be as provided by law. If the | ||||||
6 | successor election petition is valid and sufficient, the State | ||||||
7 | Board of Elections shall certify the petition not more than 100 | ||||||
8 | days after the date the petition to recall the member of the | ||||||
9 | General Assembly was filed. Names of candidates for nomination | ||||||
10 | to serve as the candidate of an established political party | ||||||
11 | must be submitted to the electors at a special primary | ||||||
12 | election, if necessary, called by the State Board of Elections | ||||||
13 | to be held at the same time as the special election on the | ||||||
14 | question of recall established under subsection (b). Names of | ||||||
15 | candidates for the successor election must be submitted to the | ||||||
16 | electors at a special successor election called by the State | ||||||
17 | Board of Elections, to occur not more than 60 days after the | ||||||
18 | date of the special primary election or on a date established | ||||||
19 | by law. | ||||||
20 | (d) The member of the General Assembly is immediately | ||||||
21 | removed upon certification of the recall election results if a | ||||||
22 | majority of the electors voting on the question vote to recall | ||||||
23 | the member of the General Assembly. If the member of the | ||||||
24 | General Assembly is removed, then the office shall remain | ||||||
25 | vacant until the member of the General Assembly elected at the | ||||||
26 | special successor election is qualified and (ii) the candidate |
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1 | who receives the highest number of votes in the special | ||||||
2 | successor election is elected as a member of the General | ||||||
3 | Assembly for the balance of the term.
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4 | ARTICLE IV
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5 | THE LEGISLATURE
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6 | (ILCON Art. IV, Sec. 2)
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7 | SECTION 2. LEGISLATIVE COMPOSITION
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8 | (a) One Senator shall be elected from each Legislative | ||||||
9 | District.
Immediately following each decennial redistricting, | ||||||
10 | the General Assembly
by law shall divide the Legislative | ||||||
11 | Districts as equally as possible
into three groups. Senators | ||||||
12 | from one group shall be elected for terms of
four years, four | ||||||
13 | years and two years; Senators from the second group,
for terms | ||||||
14 | of four years, two years and four years; and Senators from the
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15 | third group, for terms of two years, four years and four years. | ||||||
16 | The
Legislative Districts in each group shall be distributed | ||||||
17 | substantially
equally over the State.
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18 | (b) Each Legislative District shall be divided into two | ||||||
19 | Representative
Districts. In 1982 and every two years | ||||||
20 | thereafter one Representative shall
be elected from each | ||||||
21 | Representative District for a term of two years.
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22 | (c) To be eligible to serve as a member of the General | ||||||
23 | Assembly, a
person must be a United States citizen, at least 21 | ||||||
24 | years old, and for
the two years preceding his election or |
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1 | appointment a resident of the
district which he is to | ||||||
2 | represent. In the general election following a
redistricting, a | ||||||
3 | candidate for the General Assembly may be elected from
any | ||||||
4 | district which contains a part of the district in which he | ||||||
5 | resided
at the time of the redistricting and reelected if a | ||||||
6 | resident of the new
district he represents for 18 months prior | ||||||
7 | to reelection.
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8 | (d) Except in the case of a recall under Section 10 of | ||||||
9 | Article III, within Within thirty days after a vacancy occurs, | ||||||
10 | it shall be filled by
appointment as provided by law. If the | ||||||
11 | vacancy is in a Senatorial office
with more than twenty-eight | ||||||
12 | months remaining in the term, the appointed
Senator shall serve | ||||||
13 | until the next general election, at which time a
Senator shall | ||||||
14 | be elected to serve for the remainder of the term. If the
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15 | vacancy is in a Representative office or in any other | ||||||
16 | Senatorial office,
the appointment shall be for the remainder | ||||||
17 | of the term. An appointee to
fill a vacancy shall be a member | ||||||
18 | of the same political party as the
person he succeeds.
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19 | (e) No member of the General Assembly shall receive | ||||||
20 | compensation as
a public officer or employee from any other | ||||||
21 | governmental entity for time
during which he is in attendance | ||||||
22 | as a member of the General Assembly.
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23 | No member of the General Assembly during the term for which | ||||||
24 | he was
elected or appointed shall be appointed to a public | ||||||
25 | office which shall
have been created or the compensation for | ||||||
26 | which shall have been
increased by the General Assembly during |
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1 | that term.
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2 | (Source: Amendment adopted at general election November 4, | ||||||
3 | 1980.)
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4 | ARTICLE V
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5 | THE EXECUTIVE
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6 | (ILCON Art. V, Sec. 7)
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7 | SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES
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8 | If the Attorney General, Secretary of State, Comptroller or | ||||||
9 | Treasurer
fails to qualify or if his office becomes vacant, the | ||||||
10 | Governor shall
fill the office by appointment. Except in the | ||||||
11 | case of a recall under Section 9 of Article III, the The | ||||||
12 | appointee shall hold office until
the elected officer qualifies | ||||||
13 | or until a successor is elected and
qualified as may be | ||||||
14 | provided by law and shall not be subject to removal
by the | ||||||
15 | Governor. If the Lieutenant Governor fails to qualify or if his
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16 | office becomes vacant, it shall remain vacant until the end of | ||||||
17 | the term.
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18 | (Source: Illinois Constitution.)
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19 | SCHEDULE
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20 | This Constitutional Amendment takes effect upon being | ||||||
21 | declared adopted in accordance with Section 7 of the Illinois | ||||||
22 | Constitutional Amendment Act.
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