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90_HC0015 ILCON Art. VI, Sec. 12.5 new Proposes to amend the Judiciary Article of the Illinois Constitution to permit the recall of elected judges, initiated by petition and determined at elections designated by law at which other persons may seek election for the remainder of the judge's term. Effective upon voter approval. LRB9000247DJcdB LRB9000247DJcdB 1 HOUSE JOINT RESOLUTION 2 CONSTITUTIONAL AMENDMENT 3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 4 NINETIETH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 5 SENATE CONCURRING HEREIN, that there shall be submitted to 6 the electors of the State for adoption or rejection at the 7 general election next occurring at least 6 months after the 8 adoption of this resolution a proposition to add Section 12.5 9 to Article VI of the Illinois Constitution as follows: 10 ARTICLE VI 11 THE JUDICIARY 12 (ILCON Art. VI, Sec. 12.5 new) 13 SECTION 12.5. RECALL 14 (a) An elected Supreme, Appellate, or Circuit Judge may 15 be recalled from office by the electors of the Judicial 16 District or Judicial Circuit from which the Judge was 17 elected. A recall demand shall be initiated by filing with 18 the State Board of Elections a petition signed by electors 19 equalling at least 15% of the number of votes cast in the 20 Judicial District or Judicial Circuit for all candidates for 21 Governor at the most recent gubernatorial election. A recall 22 petition shall state the grounds for the recall demand in no 23 more than 200 words. 24 (b) If a Judge resigns within 5 days after a recall 25 petition is filed against him or her, that Judge's office 26 becomes vacant and shall be filled as provided in subsection 27 (c) of Section 12 of this Article. If a Judge does not 28 resign within 5 days after a recall petition is filed against 29 him or her, the State Board of Elections shall certify the 30 question of the recall to the appropriate election authority 31 or authorities for placement upon the ballot at an election 32 designated by law and occurring within a reasonable time -2- LRB9000247DJcdB 1 after the filing of the recall petition. 2 (c) The recall ballot shall include the statement of the 3 grounds for recall that appeared on the recall petition and, 4 in no more than 200 words, the Judge's justification of his 5 or her course in office. 6 (d) A Judge against whom a recall petition is filed and 7 who has not resigned or whose office has not otherwise become 8 vacant shall continue to perform the duties of office until 9 the result of the vote upon the recall question is officially 10 declared. 11 (e) If a majority of the votes are cast against recall, 12 the Judge shall be declared elected for the remainder of his 13 or her term. If a majority of the votes are cast in favor of 14 recall, the Judge shall be declared recalled and that office 15 becomes vacant and shall be filled as provided in subsection 16 (c) of Section 12 of this Article. 17 (f) A recall petition may not be circulated against a 18 Judge until that Judge has served at least 6 months of his or 19 her current term of office. A subsequent recall petition 20 against a Judge who has withstood a recall demand may not be 21 filed during the same term of office until the subsequent 22 petitioners pay a portion provided by law of the expense of 23 the unsuccessful recall vote to the election authority or 24 authorities who bore that expense. If a recall question 25 appears on the ballot at an election at which the Judge seeks 26 retention in office, the result of the vote upon the recall 27 question takes precedence over the result of the vote upon 28 his or her retention in office. 29 SCHEDULE 30 This Constitutional Amendment takes effect upon approval 31 by the electors of this State.
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