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1 | HOUSE JOINT RESOLUTION
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2 | CONSTITUTIONAL AMENDMENT 28
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3 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | ||||||
4 | NINETY-FIFTH 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 add Section 7 to Article III | ||||||
9 | of the Illinois Constitution as follows:
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10 | ARTICLE III
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11 | SUFFRAGE AND ELECTIONS
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12 | (ILCON Art. III, Sec. 7 new)
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13 | SECTION 7. RECALL OF EXECUTIVE OFFICERS AND MEMBERS OF THE | ||||||
14 | GENERAL ASSEMBLY | ||||||
15 | (a) Electors may petition for the recall of an executive | ||||||
16 | branch officer as identified in Section 1 of Article V or a | ||||||
17 | member of the General Assembly. If the recall petition is | ||||||
18 | valid, on a separate ballot the question "Shall (officer) be | ||||||
19 | recalled from the office of (office)" must be submitted to the | ||||||
20 | electors, along with the names of any candidates certified for | ||||||
21 | the successor election, at a special election called by the | ||||||
22 | State Board of Elections or at a regularly scheduled election | ||||||
23 | to occur not more than 100 days after the date of certification |
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1 | of the recall petition. The officer or member subject to recall | ||||||
2 | may be a candidate in the successor election. | ||||||
3 | (b) An executive branch officer or member of the General | ||||||
4 | Assembly is immediately removed upon certification of the | ||||||
5 | recall election results if a majority of the electors voting on | ||||||
6 | the question vote to recall the officer or member. If an | ||||||
7 | officer or member is recalled, the candidate who receives the | ||||||
8 | highest number of votes in the successor election is elected | ||||||
9 | successor for the balance of the term. Once a recall election | ||||||
10 | petition is certified, the petition may not be withdrawn and | ||||||
11 | another recall petition may not be initiated against that | ||||||
12 | officer or member during the remainder of his or her current | ||||||
13 | term of office. | ||||||
14 | (c) Any elector of the State, or the applicable Legislative | ||||||
15 | or Representative District, may file an affidavit with the | ||||||
16 | State Board of Elections providing notice of intent to | ||||||
17 | circulate a petition to recall an officer or member no sooner | ||||||
18 | than 6 months after the beginning of the officer's or member's | ||||||
19 | current term of office. The affidavit must identify the name of | ||||||
20 | the officer or member and the office to be recalled, the name | ||||||
21 | and address of the proponents of the recall petition, and the | ||||||
22 | date of filing with the State Board of Elections. A recall | ||||||
23 | petition shall not be circulated prior to filing the affidavit, | ||||||
24 | and a recall petition must be filed with the State Board of | ||||||
25 | Elections no later than 160 days after filing the affidavit. | ||||||
26 | (d) A petition to recall an executive branch officer must |
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1 | include signatures of electors of the State equal to at least | ||||||
2 | 12% of the total votes cast for the office in the election at | ||||||
3 | which the officer was elected, with signatures equal to at | ||||||
4 | least 1% of the vote for the office from at least 5 separate | ||||||
5 | counties. A petition to recall a member of the General Assembly | ||||||
6 | must be signed by electors of the respective Legislative | ||||||
7 | District or Representative District equal to at least 20% of | ||||||
8 | the total votes cast for the office in the election at which | ||||||
9 | the member was elected. The form, circulation, and manner of | ||||||
10 | filing a recall petition shall comply with the requirements | ||||||
11 | provided by law for a statewide advisory public question, | ||||||
12 | except the deadlines set forth in this Section. | ||||||
13 | (e) A recall petition is valid unless an objection is made | ||||||
14 | within 45 days after the date the petition is filed, and an | ||||||
15 | objection to the recall petition may be made in the same manner | ||||||
16 | as to a candidate for the office subject to recall. The State | ||||||
17 | Board of Elections shall certify the recall petition not more | ||||||
18 | than 105 days after the date the recall petition is filed. Any | ||||||
19 | recall petition or election pending on the date of the next | ||||||
20 | general election at which a candidate for the office subject to | ||||||
21 | recall is elected is moot. | ||||||
22 | (f) If a recall election is initiated, the name of no | ||||||
23 | successor candidate may appear on the ballot unless a | ||||||
24 | nominating petition has been filed with the State Board of | ||||||
25 | Elections no more than 40 days after filing of the recall | ||||||
26 | petition. The nominating petition of an established party |
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1 | candidate must contain the same number of signatures and be | ||||||
2 | circulated in the same manner as an established party candidate | ||||||
3 | for nomination to the office subject to recall, except the | ||||||
4 | petition must be circulated no more than 40 days prior to the | ||||||
5 | last day for filing nomination petitions. The nominating | ||||||
6 | petition of an independent or new party candidate must contain | ||||||
7 | the same number of signatures and be circulated in the same | ||||||
8 | manner as an independent or new party candidate, respectively, | ||||||
9 | for election to the office subject to recall, except the | ||||||
10 | petition must be circulated no more than 40 days prior to the | ||||||
11 | last day for filing nomination petitions. A nominating petition | ||||||
12 | may be objected to in the same manner as a candidate for the | ||||||
13 | office subject to recall, unless otherwise provided by law. The | ||||||
14 | State Board of Elections shall certify a valid nominating | ||||||
15 | petition not more than 105 days after the date the recall | ||||||
16 | petition is filed. | ||||||
17 | (g) An election to determine whether to recall an executive | ||||||
18 | officer or member of the General Assembly and to elect a | ||||||
19 | successor shall be proclaimed by the State Board of Elections | ||||||
20 | and held not less than 60 days and no more than 100 days after | ||||||
21 | the date of certification of the recall petition. | ||||||
22 | (h) The provisions of this Section are self-executing and | ||||||
23 | judicially enforceable.
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24 | SCHEDULE | ||||||
25 | The State Board of Elections shall proceed, as soon as all |
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1 | the returns are received but no later than 31 days after the | ||||||
2 | election, to canvass the votes given for and against this | ||||||
3 | Constitutional Amendment, as shown by the abstracts of votes | ||||||
4 | cast. If this Constitutional Amendment is approved by either | ||||||
5 | three-fifths of those voting on the question or a majority of | ||||||
6 | those voting in the election, then the State Board of Elections | ||||||
7 | shall declare the adoption of this Constitutional Amendment and | ||||||
8 | it shall, upon declaration of its adoption, take effect and | ||||||
9 | become a part of the Constitution of this State. This Schedule | ||||||
10 | supersedes and applies notwithstanding any statute to the | ||||||
11 | contrary, and no other requirements, including without | ||||||
12 | limitation proclamation of the results of the vote or notice by | ||||||
13 | publication, are necessary for its effectiveness. |