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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
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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.