State of Illinois
90th General Assembly
Legislation

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90_SC0001

      ILCON Art. V, Sec. 1
      ILCON Art. V, Sec. 2
      ILCON Art. V, Sec. 3
      ILCON Art. V, Sec. 4 rep.
      ILCON Art. V, Sec. 6
      ILCON Art. V, Sec. 7
      ILCON Art. V, Sec. 14 rep.
          Proposes to amend the Executive Article of  the  Illinois
      Constitution.   Eliminates the office of Lieutenant Governor.
      Changes  the  election  of  executive  branch  constitutional
      officers  to  presidential  election   years,   with   2-year
      transitional  terms  for  those  officers  elected  in  2002.
      Effective  upon  voter  approval as to the election schedule;
      effective beginning with the  election  in  2002  as  to  the
      elimination  of electing a Lieutenant Governor; and effective
      upon conclusion  of  the  term  of  the  Lieutenant  Governor
      elected in 1998 as to elimination of the office of Lieutenant
      Governor and its functions.
                                                    LRB9000195MWpcA
                                              LRB9000195MWpcA
 1                       SENATE JOINT RESOLUTION
 2                      CONSTITUTIONAL AMENDMENT
 3        WHEREAS,  Under  the  Illinois  Constitution  of 1870 the
 4    elected Lieutenant Governor presided over the Illinois Senate
 5    and succeeded the Governor in the event of a vacancy in  that
 6    office; and
 7        WHEREAS,  Under  the  Illinois  Constitution  of 1970 the
 8    Lieutenant Governor does not preside over the Senate, and the
 9    only remaining duties are to succeed the Governor and perform
10    any other functions delegated by the Governor or by  statute;
11    and
12        WHEREAS,  In  the  entire  history of Illinois, only five
13    Lieutenant  Governors  have  succeeded  to  the   office   of
14    Governor,  most  recently in 1968; and in 1981 the Lieutenant
15    Governor resigned, leaving the office vacant for over a  year
16    and a half; and
17        WHEREAS, The Lieutenant Governor could be eliminated from
18    the  chain  of  succession,  and  the  current  statutory and
19    delegated functions  of  the  Lieutenant  Governor  could  be
20    transferred  to  other  agencies  of  State  government,  all
21    without the loss of services to the citizens of Illinois; and
22        WHEREAS,  The  Sixth  Illinois  Constitutional Convention
23    recommended that the election cycle for the State's executive
24    branch officers be changed to non-presidential election years
25    to allow the voters  of  Illinois  to  focus  on  the  issues
26    confronting the State of Illinois; and
27        WHEREAS,  This  schedule of elections took effect in 1978
28    after the adoption of the Constitution by a referendum of the
29    voters in 1970; and
30        WHEREAS, As the result of  this  election  schedule,  the
31    number  of  people  casting  ballots  for statewide executive
                            -2-               LRB9000195MWpcA
 1    office candidates has been  significantly  fewer  than  those
 2    voting  in  presidential  election  years as indicated by the
 3    total turnout of voters for the following election years:
 4                            1978   3,342,985
 5                            1980   4,868,890
 6                            1982   3,856,875
 7                            1984   4,969,352
 8                            1986   3,322,450
 9                            1988   4,697,192
10                            1990   3,420,720
11                            1992   5,164,357
12                            1994   3,219,122;
13                            1996   4,418,270; and
14        WHEREAS, For the 1994 election year, the total number  of
15    registered   voters  in  Illinois  was  6,119,001,  yet  only
16    3,219,122 voters chose to  cast  ballots  in  that  election,
17    clearly  showing  that  the electorate is not as enthusiastic
18    for  the  election  schedule  as  the  framers  of  the  1970
19    Constitution anticipated; and
20        WHEREAS, The people of the State of  Illinois,  and  most
21    voters  throughout  the  nation,  are  exhausted by perpetual
22    election campaigns; as soon  as one  election  is  over,  the
23    media, pundits, and political operatives begin conducting the
24    campaigns  for  the  next  election  nearly  two  years away,
25    leaving no breathing room for the weary electorate; and
26        WHEREAS, By consolidating the election of  the  Governor,
27    Attorney   General,  Secretary  of  State,  Comptroller,  and
28    Treasurer with the presidential election, the voters  of  the
29    State of Illinois will be able to decide the course of action
30    the  leaders  of  both  the  nation and the State should take
31    without the constant  campaigning  that  now  interrupts  the
32    functioning of government; and
                            -3-               LRB9000195MWpcA
 1        WHEREAS,  By  changing  the  schedule of elections, there
 2    will likely be a cost savings to local governments that  will
 3    thus save the taxpayers money; therefore, be it
 4        RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
 5    OF  THE  STATE  OF  ILLINOIS,  THE  HOUSE  OF REPRESENTATIVES
 6    CONCURRING HEREIN, that  there  shall  be  submitted  to  the
 7    electors  of  the  State  for  adoption  or  rejection at the
 8    general election next occurring at least 6 months  after  the
 9    adoption  of this resolution a proposition to amend Article V
10    of the Illinois Constitution by repealing Sections 4  and  14
11    and by changing Sections 1, 2, 3, 6, and 7 as follows:
12                              ARTICLE V
13                            THE EXECUTIVE
14        (ILCON Art. V, Sec. 1)
15    SECTION 1. OFFICERS
16        The Executive Branch shall include a Governor, Lieutenant
17    Governor,  Attorney  General, Secretary of State, Comptroller
18    and Treasurer elected by the  electors  of  the  State.  They
19    shall keep the public records and maintain a residence at the
20    seat of government during their terms of office.
21    (Source: Illinois Constitution.)
22        (ILCON Art. V, Sec. 2)
23    SECTION 2. TERMS
24        (a)  Except  as  provided  in  subsection  (b), the These
25    elected officers of the Executive Branch  shall  hold  office
26    for  four  years  beginning  on  the second Monday of January
27    after  their  election  and,  except  in  the  case  of   the
28    Lieutenant  Governor,  until  their successors are qualified.
29    They shall be elected at the general  elections  election  in
30    1998  and  2002  and at the general election in 2004 1978 and
31    every four years thereafter.
                            -4-               LRB9000195MWpcA
 1        (b)  The officers of the Executive Branch elected in 2002
 2    shall hold office for  two  years  beginning  on  the  second
 3    Monday  of  January  after  their  election  and  until their
 4    successors are qualified.
 5    (Source: Illinois Constitution.)
 6        (ILCON Art. V, Sec. 3)
 7    SECTION 3. ELIGIBILITY
 8        To be eligible to hold the office of Governor, Lieutenant
 9    Governor, Attorney General, Secretary of  State,  Comptroller
10    or  Treasurer,  a  person must be a United States citizen, at
11    least 25 years old, and a resident  of  this  State  for  the
12    three years preceding his election.
13    (Source: Illinois Constitution.)
14        (ILCON Art. V, Sec. 4 rep.)
15    SECTION 4. JOINT ELECTION  (REPEALED)
16        In  the  general  election  for  Governor  and Lieutenant
17    Governor, one vote shall be cast jointly for  the  candidates
18    nominated  by  the  same  political  party  or  petition. The
19    General Assembly may provide by law for the joint  nomination
20    of candidates for Governor and Lieutenant Governor.
21    (Source: Illinois Constitution.)
22        (ILCON Art. V, Sec. 6)
23    SECTION 6. GUBERNATORIAL SUCCESSION
24        (a)  In  the  event of a vacancy, the order of succession
25    to the office of  Governor  or  to  the  position  of  Acting
26    Governor  shall  be  the  Lieutenant  Governor,  the  elected
27    Attorney General, the elected Secretary of State, and then as
28    provided by law.
29        (b)  If the Governor is unable to serve because of death,
30    conviction on impeachment, failure to qualify, resignation or
31    other  disability,  the office of Governor shall be filled by
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 1    the officer next in line of succession for the  remainder  of
 2    the term or until the disability is removed.
 3        (c)  Whenever  the  Governor  determines  that  he may be
 4    seriously impeded in the exercise of his powers, he shall  so
 5    notify the Secretary of State and the officer next in line of
 6    succession.   The   latter  shall  thereafter  become  Acting
 7    Governor with the duties and powers  of  Governor.  When  the
 8    Governor  is  prepared  to  resume  office, he shall do so by
 9    notifying the Secretary of State and the Acting Governor.
10        (d)  The General Assembly by law shall  specify  by  whom
11    and  by  what procedures the ability of the Governor to serve
12    or to resume office may be  questioned  and  determined.  The
13    Supreme  Court shall have original and exclusive jurisdiction
14    to review such a law and any such determination and,  in  the
15    absence  of  such  a  law, shall make the determination under
16    such rules as it may adopt.
17    (Source: Illinois Constitution.)
18        (ILCON Art. V, Sec. 7)
19    SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES
20        If the Attorney General, Secretary of State,  Comptroller
21    or  Treasurer  fails  to  qualify  or  if  his office becomes
22    vacant, the Governor shall fill the  office  by  appointment.
23    The  appointee  shall  hold  office until the elected officer
24    qualifies or until a successor is elected  and  qualified  as
25    may be provided by law and shall not be subject to removal by
26    the  Governor. If the Lieutenant Governor fails to qualify or
27    if his office becomes vacant, it shall  remain  vacant  until
28    the end of the term.
29    (Source: Illinois Constitution.)
30        (ILCON Art. V, Sec. 14 rep.)
31    SECTION 14. LIEUTENANT GOVERNOR - DUTIES  (REPEALED)
32        The  Lieutenant  Governor  shall  perform  the duties and
                            -6-               LRB9000195MWpcA
 1    exercise the powers in  the  Executive  Branch  that  may  be
 2    delegated  to  him by the Governor and that may be prescribed
 3    by law.
 4    (Source: Illinois Constitution.)
 5                              SCHEDULE
 6        This Constitutional Amendment takes effect as follows:
 7        (1)  those portions changing the years in which executive
 8    branch officers are elected and providing for a two-year term
 9    for those elected in 2002 take effect upon approval  of  this
10    Constitutional Amendment by the electors of this State;
11        (2)  those   portions   eliminating  the  election  of  a
12    Lieutenant Governor take effect beginning with  the  election
13    in 2002; and
14        (3)  those  portions eliminating the office of Lieutenant
15    Governor and its functions take effect upon the conclusion of
16    the term of the Lieutenant Governor elected in 1998.

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