Full Text of HJR0121 096th General Assembly
HJ0121enr 96TH GENERAL ASSEMBLY
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| HOUSE JOINT RESOLUTION 121
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| WHEREAS, The 96th General Assembly of the State of Illinois | 3 |
| has submitted House Joint Resolution Constitutional Amendment | 4 |
| 31, a proposition to amend the Illinois Constitution, to the | 5 |
| voters of Illinois at the November 2010 general election; and
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| WHEREAS, The Illinois Constitutional Amendment Act | 7 |
| requires the General Assembly to prepare a brief explanation of | 8 |
| the proposed amendment, a brief argument in favor of the | 9 |
| amendment, a brief argument against the amendment, and the form | 10 |
| in which the amendment will appear on the ballot, and also | 11 |
| requires the information to be published and distributed to the | 12 |
| electorate; therefore, be it
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 14 |
| NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 15 |
| SENATE CONCURRING HEREIN, that the proposed form of new Section | 16 |
| 7 of Article III shall be published as follows:
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| "ARTICLE III | 18 |
| SUFFRAGE AND ELECTIONS | 19 |
| SECTION 7. INITIATIVE TO RECALL GOVERNOR | 20 |
| (a) The recall of the Governor may be proposed by a | 21 |
| petition signed by a number of electors equal in number to at |
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| least 15% of the total votes cast for Governor in the preceding | 2 |
| gubernatorial election, with at least 100 signatures from each | 3 |
| of at least 25 separate counties. A petition shall have been | 4 |
| signed by the petitioning electors not more than 150 days after | 5 |
| an affidavit has been filed with the State Board of Elections | 6 |
| providing notice of intent to circulate a petition to recall | 7 |
| the Governor. The affidavit may be filed no sooner than 6 | 8 |
| months after the beginning of the Governor's term of office. | 9 |
| The affidavit shall have been signed by the proponent of the | 10 |
| recall petition, at least 20 members of the House of | 11 |
| Representatives, and at least 10 members of the Senate, with no | 12 |
| more than half of the signatures of members of each chamber | 13 |
| from the same established political party. | 14 |
| (b) The form of the petition, circulation, and procedure | 15 |
| for determining the validity and sufficiency of a petition | 16 |
| shall be as provided by law. If the petition is valid and | 17 |
| sufficient, the State Board of Elections shall certify the | 18 |
| petition not more than 100 days after the date the petition was | 19 |
| filed, and the question "Shall (name) be recalled from the | 20 |
| office of Governor?" must be submitted to the electors at a | 21 |
| special election called by the State Board of Elections, to | 22 |
| occur not more than 100 days after certification of the | 23 |
| petition. A recall petition certified by the State Board of | 24 |
| Elections may not be withdrawn and another recall petition may | 25 |
| not be initiated against the Governor during the remainder of | 26 |
| the current term of office. Any recall petition or recall |
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| election pending on the date of the next general election at | 2 |
| which a candidate for Governor is elected is moot. | 3 |
| (c) If a petition to recall the Governor has been filed | 4 |
| with the State Board of Elections, a person eligible to serve | 5 |
| as Governor may propose his or her candidacy by a petition | 6 |
| signed by a number of electors equal in number to the | 7 |
| requirement for petitions for an established party candidate | 8 |
| for the office of Governor, signed by petitioning electors not | 9 |
| more than 50 days after a recall petition has been filed with | 10 |
| the State Board of Elections. The form of a successor election | 11 |
| petition, circulation, and procedure for determining the | 12 |
| validity and sufficiency of a petition shall be as provided by | 13 |
| law. If the successor election petition is valid and | 14 |
| sufficient, the State Board of Elections shall certify the | 15 |
| petition not more than 100 days after the date the petition to | 16 |
| recall the Governor was filed. Names of candidates for | 17 |
| nomination to serve as the candidate of an established | 18 |
| political party must be submitted to the electors at a special | 19 |
| primary election, if necessary, called by the State Board of | 20 |
| Elections to be held at the same time as the special election | 21 |
| on the question of recall established under subsection (b). | 22 |
| Names of candidates for the successor election must be | 23 |
| submitted to the electors at a special successor election | 24 |
| called by the State Board of Elections, to occur not more than | 25 |
| 60 days after the date of the special primary election or on a | 26 |
| date established by law. |
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| (d) The Governor is immediately removed upon certification | 2 |
| of the recall election results if a majority of the electors | 3 |
| voting on the question vote to recall the Governor. If the | 4 |
| Governor is removed, then (i) an Acting Governor determined | 5 |
| under subsection (a) of Section 6 of Article V shall serve | 6 |
| until the Governor elected at the special successor election is | 7 |
| qualified and (ii) the candidate who receives the highest | 8 |
| number of votes in the special successor election is elected | 9 |
| Governor for the balance of the term. "; and be it further | 10 |
| RESOLVED, That a brief explanation of the proposed | 11 |
| amendment, a brief argument in favor of the amendment, a brief | 12 |
| argument against the amendment, and the form in which the | 13 |
| amendment will appear on the ballot shall be published and | 14 |
| distributed as follows: |
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| PROPOSED AMENDMENT
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| TO ADD SECTION 7 TO ARTICLE III | 3 |
| OF THE ILLINOIS CONSTITUTION | 4 |
| That will be submitted to the voters
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| November 2, 2010 | 6 |
| This pamphlet includes | 7 |
| EXPLANATION OF THE PROPOSED AMENDMENT
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| ARGUMENTS IN FAVOR OF THE AMENDMENT
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| ARGUMENTS AGAINST THE AMENDMENT
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| FORM OF BALLOT
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| To the Electors of the State of Illinois: | 2 |
| The purpose of a state constitution is to establish a structure | 3 |
| for government and laws. The Illinois Constitution provides | 4 |
| citizens with rights and protections; creates the executive, | 5 |
| judicial, and legislative branches of government; clarifies | 6 |
| the powers given to local governments; limits the taxing power | 7 |
| of the State; and imposes certain restrictions on the use of | 8 |
| taxpayer dollars. There are three ways to initiate change to | 9 |
| the Illinois Constitution: (1) a constitutional convention may | 10 |
| propose changes to any part; (2) the General Assembly may | 11 |
| propose changes to any part; or (3) the people of the State by | 12 |
| referendum may propose changes to the Legislative Article. | 13 |
| Regardless of the method of initiating change, the people of | 14 |
| Illinois must approve any changes to the Constitution before | 15 |
| they become effective. | 16 |
| The proposed amendment, which takes effect upon approval by the | 17 |
| voters, adds Section 7 to the Suffrage and Elections Article of | 18 |
| the Illinois Constitution. The new section would provide the | 19 |
| State's electors with an option to petition for a special | 20 |
| election to recall a Governor and for the election of a | 21 |
| successor Governor. At the general election to be held on | 22 |
| November 2, 2010, you will be called upon to decide whether the | 23 |
| proposed amendment should become part of the Illinois | 24 |
| Constitution. |
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| EXPLANATION
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| The Illinois Constitution provides the General Assembly with | 3 |
| exclusive authority to remove a Governor through the | 4 |
| impeachment process. The Illinois Constitution also provides | 5 |
| that the order of succession to the office of Governor shall be | 6 |
| the Lieutenant Governor, the elected Attorney General, the | 7 |
| elected Secretary of State, and then as provided by law. The | 8 |
| proposed amendment would provide the State's electors with the | 9 |
| ability to initiate a special election to recall a Governor and | 10 |
| elect a new Governor. | 11 |
| To begin the recall process, an elector must file an affidavit | 12 |
| of intent to circulate petitions to recall a Governor no sooner | 13 |
| than 6 months after the beginning of the Governor's term of | 14 |
| office. The affidavit must include signatures of the proponent | 15 |
| of the recall petition, at least 20 members of the House of | 16 |
| Representatives, and at least 10 members of the Senate, with no | 17 |
| more than half of the signatures in each chamber from the same | 18 |
| political party. After filing the affidavit with the State | 19 |
| Board of Elections, the proponent has 150 days to circulate a | 20 |
| petition. The petition must include signatures equal to 15% of | 21 |
| the total votes cast for Governor in the preceding | 22 |
| gubernatorial election, with at least 100 signatures from a | 23 |
| minimum of 25 counties. Within 100 days, the State Board of |
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| Elections must certify or reject the petition, and if the Board | 2 |
| certifies the petition, a special election must be held within | 3 |
| 100 days after the certification. The special election ballot | 4 |
| shall include the question, "Shall (name) be removed from the | 5 |
| office of Governor?". The Governor is immediately removed if a | 6 |
| majority of the electors voting on the question vote to recall | 7 |
| the Governor. | 8 |
| Persons seeking to be elected to serve as the successor | 9 |
| Governor may circulate nomination petitions. A petition must be | 10 |
| signed by 5,000 electors. If multiple candidates of the same | 11 |
| party file petitions, a special primary election will occur on | 12 |
| the same day as the recall election. | 13 |
| If a Governor is recalled, a special election to elect the | 14 |
| successor Governor must take place within 60 days. An Acting | 15 |
| Governor, as determined by the order of succession, shall | 16 |
| assume the duties of the Governor until the electors choose a | 17 |
| new Governor. The special election ballot will include the | 18 |
| names of the candidates nominated at the special primary | 19 |
| election, as well as any independent or new party candidates, | 20 |
| on a special election ballot. The candidate receiving the | 21 |
| highest number of votes shall be elected Governor for the | 22 |
| balance of the term. | 23 |
| Voters that believe the Illinois Constitution should be amended |
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| to provide for a special election to recall a Governor and for | 2 |
| a special election to elect a successor Governor should vote | 3 |
| "YES" on the question. Three-fifths of those voting on the | 4 |
| question, or a majority of those voting in the election, must | 5 |
| vote "YES" in order for the amendment to become effective. | 6 |
| Voters that believe the Illinois Constitution should not be | 7 |
| amended to provide for a special election to recall a Governor | 8 |
| and for a special election to elect a successor Governor should | 9 |
| vote "NO" on the question. | 10 |
| Arguments In Favor of the Proposed Amendment | 11 |
| 1. Electors of the State should have the ability to remove | 12 |
| a Governor mid-term. | 13 |
| 2. The recall process increases citizen participation. | 14 |
| 3. Electors should not have to rely on the impeachment | 15 |
| process. | 16 |
| Check on a Governor
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| Currently, a Governor may serve his or her full term without | 18 |
| fear of public reprisal. Recall will serve as a warning to a | 19 |
| Governor that the will of the people cannot be taken for | 20 |
| granted. Furthermore, simply permitting the electors to | 21 |
| circulate petitions serves as an important check on the | 22 |
| activities of a Governor.
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| Increases Citizen Participation
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| Permitting the electors to initiate the recall process | 3 |
| encourages citizen participation in government. Electors are | 4 |
| granted an additional power with regard to protections against | 5 |
| improper governance. Citizens will have the power to initiate a | 6 |
| recall if they believe it is in the best interest of the State. | 7 |
| This Constitutional Amendment would give Illinois citizens a | 8 |
| recall mechanism similar to that available to the citizens of | 9 |
| eighteen other states. | 10 |
| Impeachment Is Not Certain
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| There is no guarantee that the General Assembly will conduct | 12 |
| impeachment hearings or impeach and remove a Governor. The | 13 |
| electors should have a mechanism to begin the process if the | 14 |
| General Assembly fails to do so. A focused recall effort will | 15 |
| inform the General Assembly of the public's desire for | 16 |
| impeachment.
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| Arguments Against the Proposed Amendment | 18 |
| 1. The cost of a special election to recall a Governor | 19 |
| could total as much as $101 million. | 20 |
| 2. A Governor can be removed through the impeachment | 21 |
| process. | 22 |
| 3. Recall elections will be used to play political games, | 23 |
| rather than ensure the welfare of the citizens. |
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| Expenses Could Be High | 2 |
| Illinois is in the midst of a financial crisis that would be | 3 |
| made worse by holding a special election to recall a Governor | 4 |
| and a special election to elect a successor Governor. The State | 5 |
| Board of Elections estimates the total costs could reach | 6 |
| $101,070,000. Considering that a Governor is elected every 4 | 7 |
| years and we can remove a Governor through the impeachment | 8 |
| process, a special election is a major expense that taxpayers | 9 |
| do not need. | 10 |
| The Impeachment Process Works | 11 |
| The House of Representatives has the sole power to conduct | 12 |
| investigations and impeach a Governor. Impeachments are tried | 13 |
| by the Senate and, if the Governor is convicted, the Senate may | 14 |
| remove the Governor and disqualify him or her from holding any | 15 |
| public office in Illinois. The impeachment process ensures that | 16 |
| serious abuses and misconduct are not tolerated. The citizens | 17 |
| of Illinois are now familiar with the impeachment process. | 18 |
| Political Games | 19 |
| The process established by the amendment could lead to | 20 |
| political gamesmanship. Coordinating a statewide effort to | 21 |
| recall a Governor will be expensive and can be accomplished | 22 |
| only with the financial assistance of political parties, | 23 |
| special interest groups, and lobbyists. These groups will |
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| coordinate recall petition drives to advance their own agendas. | 2 |
| Additionally, a Governor concerned about the threat of recall | 3 |
| may be unable to make unpopular decisions, even if the decision | 4 |
| is in the best interest of the State. There is no way to ensure | 5 |
| that the recall process will be used to remove a Governor for | 6 |
| cause, rather than merely for political purposes. | 7 |
| FORM OF BALLOT | 8 |
| Proposed Amendment to the 1970 Illinois Constitution
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| Explanation of Amendment
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| The proposed amendment, which takes effect upon approval by the | 11 |
| voters, adds a new section to the Suffrage and Elections | 12 |
| Article of the Illinois Constitution. The new section would | 13 |
| provide the State's electors with an option to petition for a | 14 |
| special election to recall a Governor and for the special | 15 |
| election of a successor Governor. At the general election to be | 16 |
| held on November 2, 2010, you will be called upon to decide | 17 |
| whether the proposed amendment should become part of the | 18 |
| Illinois Constitution.
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| If you believe the Illinois Constitution should be amended to | 20 |
| provide for a special election to recall a Governor and for a | 21 |
| special election to elect a successor Governor, you should vote | 22 |
| "YES" on the question. If you believe the Illinois Constitution |
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| should not be amended to provide for a special election to | 2 |
| recall a Governor and for a special election to elect a | 3 |
| successor Governor, you should vote "NO" on the question. | 4 |
| Three-fifths of those voting on the question or a majority of | 5 |
| those voting in the election must vote "YES" in order for the | 6 |
| amendment to become effective. | 7 |
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| YES For the proposed addition
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| ---------- of Section 7 to Article III
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| NO of the Illinois Constitution.
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