|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0042 Introduced , by Rep. Steven A. Andersson SYNOPSIS AS INTRODUCED: |
| |
Proposes to amend the Judiciary Article of the Illinois Constitution. Removes language providing that Supreme, Appellate and Circuit Judges shall be nominated at primary elections or by petition. Makes corresponding changes. Provides that the name of each person seeking election to the office of Judge at a general election shall be submitted to the electors without party designation. Effective upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.
|
| |
| | |
|
|
| | HC0042 | | LRB100 19064 MJP 34319 e |
|
|
1 | | HOUSE JOINT RESOLUTION
|
2 | | CONSTITUTIONAL AMENDMENT
|
3 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE |
4 | | HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE |
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 12 of Article VI |
9 | | of the Illinois Constitution as follows
|
10 | | ARTICLE VI
|
11 | | THE JUDICIARY
|
12 | | (ILCON Art. VI, Sec. 12)
|
13 | | SECTION 12. ELECTION AND RETENTION
|
14 | | (a) Supreme, Appellate and Circuit Judges shall be |
15 | | nominated at primary
elections or by petition. Judges shall be |
16 | | elected at general or judicial
elections as the General |
17 | | Assembly shall provide by law. A person
eligible for the office |
18 | | of Judge may cause his name to appear on the
ballot as a |
19 | | candidate for Judge at the primary and at the general or
|
20 | | judicial elections by submitting petitions. The name of each |
21 | | person seeking election to the office of Judge at a general |
22 | | election shall be submitted to the electors without party |
23 | | designation. The General Assembly shall
prescribe by law the |
|
| | HC0042 | - 2 - | LRB100 19064 MJP 34319 e |
|
|
1 | | requirements for petitions.
|
2 | | (b) The office of a Judge shall be vacant upon his death,
|
3 | | resignation, retirement, removal, or upon the conclusion of his |
4 | | term
without retention in office. Whenever an additional |
5 | | Appellate or Circuit
Judge is authorized by law, the office |
6 | | shall be filled in the manner
provided for filling a vacancy in |
7 | | that office.
|
8 | | (c) A vacancy occurring in the office of Supreme, Appellate |
9 | | or
Circuit Judge shall be filled as the General Assembly may |
10 | | provide by
law. In the absence of a law, vacancies may be |
11 | | filled by appointment by
the Supreme Court. A person appointed |
12 | | to fill a vacancy 60 or more days
prior to the next primary |
13 | | election to nominate Judges shall serve until
the vacancy is |
14 | | filled for a term at the next general or judicial
election. A |
15 | | person appointed to fill a vacancy less than 60 days prior
to |
16 | | the next primary election to nominate Judges shall serve until |
17 | | the
vacancy is filled at the second general or judicial |
18 | | election following
such appointment.
|
19 | | (d) Not less than six months before the general election |
20 | | preceding
the expiration of his term of office, a Supreme, |
21 | | Appellate or Circuit
Judge who has been elected to that office |
22 | | may file in the office of the
Secretary of State a declaration |
23 | | of candidacy to succeed himself. The
Secretary of State, not |
24 | | less than 63 days before the election, shall
certify the |
25 | | Judge's candidacy to the proper election officials. The
names |
26 | | of Judges seeking retention shall be submitted to the electors,
|
|
| | HC0042 | - 3 - | LRB100 19064 MJP 34319 e |
|
|
1 | | separately and without party designation, on the sole question |
2 | | whether
each Judge shall be retained in office for another |
3 | | term. The retention
elections shall be conducted at general |
4 | | elections in the appropriate
Judicial District, for Supreme and |
5 | | Appellate Judges, and in the circuit
for Circuit Judges. The |
6 | | affirmative vote of three-fifths of the electors
voting on the |
7 | | question shall elect the Judge to the office for a term
|
8 | | commencing on the first Monday in December following his |
9 | | election.
|
10 | | (e) A law reducing the number of Appellate or Circuit |
11 | | Judges shall
be without prejudice to the right of the Judges |
12 | | affected to seek
retention in office. A reduction shall become |
13 | | effective when a vacancy
occurs in the affected unit.
|
14 | | (Source: Illinois Constitution.)
|
15 | | SCHEDULE
|
16 | | This Constitutional Amendment takes effect upon being |
17 | | declared adopted in accordance with Section 7 of the Illinois |
18 | | Constitutional Amendment Act.
|