HC0037 95TH GENERAL ASSEMBLY

LRB095 17820 JAM 43899 e

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0037

Introduced 2/15/2008, by Rep. Paul D. Froehlich

SYNOPSIS AS INTRODUCED:

ILCON Art. IV, Sec. 16 new

Proposes to amend The Legislature Article of the Illinois Constitution to authorize recall elections and to provide for the appointment of a Public Advocate. Effective upon being adopted.

A BILL FOR

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE 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 add Section 16 to Article IV of the Illinois Constitution as follows:

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 16 new) SECTION 16. Recall.

(a) In order to strengthen ethical standards in State government and provide an alternative to removal by expulsion under subsection (d) of Section 6 of this Article and impeachment under Section 14 of this Article, the recall power is vested in the General Assembly, the Public Advocate, and the electors as provided in this Section. Recall of an executive branch officer or a member of the General Assembly is initiated by delivering to the Public Advocate an initial petition of no more than 200 words alleging reason for recall. Sufficiency of reason is not reviewable. In the case of an executive branch officer, an initial petition for recall must be signed by at least 22 members of the General Assembly and 1,000 electors. In the case of a General Assembly member, an initial petition must be signed by at least 1,000 electors of the district that elected the General Assembly member. After an initial petition is filed, proponents have 90 days to file signed recall petitions with the State Board of Elections. A recall petition must contain the alleged reason for recall and be signed by electors of the district that elected the executive branch officer or General Assembly member equal to at least 12% of the last vote for the office. Recall petition sheets may include signatures of electors from more than one election jurisdiction and shall be filed on a continuous basis with the State Board of Elections. The State Board of Elections shall certify to the Public Advocate when sufficient signatures have been filed on a recall petition. An election to determine whether to recall an executive branch officer or member of the General Assembly shall be called by the Public Advocate and held not less than 35 days nor more than 42 days after the date of certification of sufficient signatures. If the majority vote on the question is to recall, the executive branch officer or General Assembly member is removed and the vacancy shall be filled according to the provisions of this Constitution if less than one-half of the term remains. The General Assembly shall provide by law for the election of a successor if more than one-half of the term remains. After one recall election, no further recall petition shall be filed against the same executive branch officer or General Assembly member during the term for which he or she was elected.

(b) On the first day of the January session in odd-numbered years, before the election of the Speaker of the House and President of the Senate, the General Assembly, by vote of three-fifths of the members elected to each house, shall appoint a Public Advocate from the electors of the State and may remove him or her for cause by a similar vote. In the case of a vacancy, the General Assembly shall appoint a successor by a similar vote within 14 days to serve for the remainder of the term. The Public Advocate shall serve for a term of 2 years. The Public Advocate shall promote ethical standards in State government and provide information about the recall process to any elector. On February 12 of every year, the Public Advocate shall make recommendations to the General Assembly and the Governor on how to strengthen ethical standards in State government and improve the recall process. The compensation of the Public Advocate shall be established by law and shall not be diminished during his or her term.

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.