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91_HC0008 LRB9105033MWmb 1 HOUSE 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; 22 therefore, be it 23 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 24 NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 25 SENATE CONCURRING HEREIN, that there shall be submitted to 26 the electors of the State for adoption or rejection at the 27 general election next occurring at least 6 months after the 28 adoption of this resolution a proposition to amend Article V 29 of the Illinois Constitution by repealing Sections 4 and 14 30 and by changing Sections 1, 2, 3, 6, and 7 as follows: 31 ARTICLE V -2- LRB9105033MWmb 1 THE EXECUTIVE 2 (ILCON Art. V, Sec. 1) 3 SECTION 1. OFFICERS 4 The Executive Branch shall include a Governor,Lieutenant5Governor,Attorney General, Secretary of State, Comptroller 6 and Treasurer elected by the electors of the State. They 7 shall keep the public records and maintain a residence at the 8 seat of government during their terms of office. 9 (Source: Illinois Constitution.) 10 (ILCON Art. V, Sec. 2) 11 SECTION 2. TERMS 12 TheTheseelected officers of the Executive Branch shall 13 hold office for four years beginning on the second Monday of 14 January after their election and, except in the case of the15Lieutenant Governor,until their successors are qualified. 16 They shall be elected at the general election in 1978 and 17 every four years thereafter. 18 (Source: Illinois Constitution.) 19 (ILCON Art. V, Sec. 3) 20 SECTION 3. ELIGIBILITY 21 To be eligible to hold the office of Governor,Lieutenant22Governor,Attorney General, Secretary of State, Comptroller 23 or Treasurer, a person must be a United States citizen, at 24 least 25 years old, and a resident of this State for the 25 three years preceding his election. 26 (Source: Illinois Constitution.) 27 (ILCON Art. V, Sec. 4 rep.) 28 SECTION 4. JOINT ELECTION (REPEALED) 29In the general election for Governor and Lieutenant30Governor, one vote shall be cast jointly for the candidates-3- LRB9105033MWmb 1nominated by the same political party or petition. The2General Assembly may provide by law for the joint nomination3of candidates for Governor and Lieutenant Governor.4 (Source: Illinois Constitution.) 5 (ILCON Art. V, Sec. 6) 6 SECTION 6. GUBERNATORIAL SUCCESSION 7 (a) In the event of a vacancy, the order of succession 8 to the office of Governor or to the position of Acting 9 Governor shall bethe Lieutenant Governor,the elected 10 Attorney General, the elected Secretary of State, and then as 11 provided by law. 12 (b) If the Governor is unable to serve because of death, 13 conviction on impeachment, failure to qualify, resignation or 14 other disability, the office of Governor shall be filled by 15 the officer next in line of succession for the remainder of 16 the term or until the disability is removed. 17 (c) Whenever the Governor determines that he may be 18 seriously impeded in the exercise of his powers, he shall so 19 notify the Secretary of State and the officer next in line of 20 succession. The latter shall thereafter become Acting 21 Governor with the duties and powers of Governor. When the 22 Governor is prepared to resume office, he shall do so by 23 notifying the Secretary of State and the Acting Governor. 24 (d) The General Assembly by law shall specify by whom 25 and by what procedures the ability of the Governor to serve 26 or to resume office may be questioned and determined. The 27 Supreme Court shall have original and exclusive jurisdiction 28 to review such a law and any such determination and, in the 29 absence of such a law, shall make the determination under 30 such rules as it may adopt. 31 (Source: Illinois Constitution.) 32 (ILCON Art. V, Sec. 7) -4- LRB9105033MWmb 1 SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES 2 If the Attorney General, Secretary of State, Comptroller 3 or Treasurer fails to qualify or if his office becomes 4 vacant, the Governor shall fill the office by appointment. 5 The appointee shall hold office until the elected officer 6 qualifies or until a successor is elected and qualified as 7 may be provided by law and shall not be subject to removal by 8 the Governor.If the Lieutenant Governor fails to qualify or9if his office becomes vacant, it shall remain vacant until10the end of the term.11 (Source: Illinois Constitution.) 12 (ILCON Art. V, Sec. 14 rep.) 13 SECTION 14. LIEUTENANT GOVERNOR - DUTIES (REPEALED) 14The Lieutenant Governor shall perform the duties and15exercise the powers in the Executive Branch that may be16delegated to him by the Governor and that may be prescribed17by law.18 (Source: Illinois Constitution.) 19 SCHEDULE 20 This Constitutional Amendment takes effect upon the 21 conclusion of the term of the Lieutenant Governor elected in 22 1998.