101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0036

 

Introduced 11/12/2019, by Rep. Jim Durkin - Terri Bryant - Dave Severin - Grant Wehrli - Thomas Morrison, et al.

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. IV, Sec. 2

    Proposes to amend the Legislature Article of the Illinois Constitution. Provides that upon a vacancy in the General Assembly a special election shall occur no earlier than 45 days but no more than 90 days after the vacancy. Provides that if the vacancy occurs within 120 days before a general election or general primary election, the vacancy shall be filled by that election. Requires the candidates to fill the vacancy to be members of the same political party as the person who vacated the seat. Effective upon being declared adopted.


LRB101 15305 SMS 64484 e

 

HC0036LRB101 15305 SMS 64484 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
4HUNDRED FIRST 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 Article IV of the
9Illinois Constitution by changing Section 2 as follows:
 
10
ARTICLE IV
11
THE LEGISLATURE

12    (ILCON Art. IV, Sec. 2)
13SECTION 2. LEGISLATIVE COMPOSITION
14    (a) One Senator shall be elected from each Legislative
15District. Immediately following each decennial redistricting,
16the General Assembly by law shall divide the Legislative
17Districts as equally as possible into three groups. Senators
18from one group shall be elected for terms of four years, four
19years and two years; Senators from the second group, for terms
20of four years, two years and four years; and Senators from the
21third group, for terms of two years, four years and four years.
22The Legislative Districts in each group shall be distributed
23substantially equally over the State.

 

 

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1    (b) Each Legislative District shall be divided into two
2Representative Districts. In 1982 and every two years
3thereafter one Representative shall be elected from each
4Representative District for a term of two years.
5    (c) To be eligible to serve as a member of the General
6Assembly, a person must be a United States citizen, at least 21
7years old, and for the two years preceding his election or
8appointment a resident of the district which he is to
9represent. In the general election following a redistricting, a
10candidate for the General Assembly may be elected from any
11district which contains a part of the district in which he
12resided at the time of the redistricting and reelected if a
13resident of the new district he represents for 18 months prior
14to reelection.
15    (d) When a vacancy occurs, it shall be filled by a special
16election held no earlier than 45 days but no more than 90 days
17after the vacancy. However, if the vacancy occurs within 120
18days before a general election or general primary election, the
19vacancy shall be filled by that general election or general
20primary election. The candidates to fill the vacancy shall be
21members of the same political party as the person that vacated
22the seat. Within thirty days after a vacancy occurs, it shall
23be filled by appointment as provided by law. If the vacancy is
24in a Senatorial office with more than twenty-eight months
25remaining in the term, the appointed Senator shall serve until
26the next general election, at which time a Senator shall be

 

 

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1elected to serve for the remainder of the term. If the vacancy
2is in a Representative office or in any other Senatorial
3office, the appointment shall be for the remainder of the term.
4An appointee to fill a vacancy shall be a member of the same
5political party as the person he succeeds.
6    (e) No member of the General Assembly shall receive
7compensation as a public officer or employee from any other
8governmental entity for time during which he is in attendance
9as a member of the General Assembly.
10    No member of the General Assembly during the term for which
11he was elected or appointed shall be appointed to a public
12office which shall have been created or the compensation for
13which shall have been increased by the General Assembly during
14that term.
15(Source: Amendment adopted at general election November 4,
161980.)
 
17
SCHEDULE
18    This Constitutional Amendment takes effect upon being
19declared adopted in accordance with Section 7 of the Illinois
20Constitutional Amendment Act.