101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0005

 

Introduced 1/10/2019, by Rep. David McSweeney

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. V, Sec. 1
ILCON Art. V, Sec. 2
ILCON Art. V, Sec. 3
ILCON Art. V, Sec. 4
ILCON Art. V, Sec. 6
ILCON Art. V, Sec. 7
ILCON Art. V, Sec. 14

    Proposes to amend the Executive Article of the Illinois Constitution. Eliminates the Office of Lieutenant Governor, beginning with the term of office otherwise commencing in 2023, and modifies the order of succession to the Office of the Governor. Effective upon being declared adopted.


LRB101 03992 RJF 49000 e

 

HC0005LRB101 03992 RJF 49000 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
4HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Article V of the
9Illinois Constitution by changing Sections 1, 2, 3, 6, and 7
10and by repealing Sections 4 and 14 as follows:
 
 
11
ARTICLE V
12
THE EXECUTIVE

13    (ILCON Art. V, Sec. 1)
14SECTION 1. OFFICERS
15    The Executive Branch shall include a Governor, Lieutenant
16Governor, Attorney General, Secretary of State, Comptroller
17and Treasurer elected by the electors of the State. They shall
18keep the public records and maintain a residence at the seat of
19government during their terms of office.
20(Source: Illinois Constitution.)
 
21    (ILCON Art. V, Sec. 2)

 

 

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1SECTION 2. TERMS
2    These elected officers of the Executive Branch shall hold
3office for four years beginning on the second Monday of January
4after their election and, except in the case of the Lieutenant
5Governor, until their successors are qualified. They shall be
6elected at the general election in 1978 and every four years
7thereafter.
8(Source: Illinois Constitution.)
 
9    (ILCON Art. V, Sec. 3)
10SECTION 3. ELIGIBILITY
11    To be eligible to hold the office of Governor, Lieutenant
12Governor, Attorney General, Secretary of State, Comptroller or
13Treasurer, a person must be a United States citizen, at least
1425 years old, and a resident of this State for the three years
15preceding his or her election.
16(Source: Illinois Constitution.)
 
17    (ILCON Art. V, Sec. 4)
18SECTION 4. JOINT ELECTION (REPEALED)
19    In the general election for Governor and Lieutenant
20Governor, one vote shall be cast jointly for the candidates
21nominated by the same political party or petition. The General
22Assembly may provide by law for the joint nomination of
23candidates for Governor and Lieutenant Governor.
24(Source: Illinois Constitution.)
 

 

 

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1    (ILCON Art. V, Sec. 6)
2SECTION 6. GUBERNATORIAL SUCCESSION
3    (a) In the event of a vacancy, the order of succession to
4the office of Governor or to the position of Acting Governor
5shall be the Lieutenant Governor, the elected Attorney General,
6the elected Secretary of State, the elected Comptroller, the
7elected Treasurer, the President of the Senate, the Speaker of
8the House of Representatives, the Minority Leader of the
9Senate, and the Minority Leader of the House of
10Representatives. If an officer next in the line of succession
11is of a different political party than the Governor he or she
12is replacing, then that officer, and each officer thereafter,
13shall be skipped in the line of succession until an officer of
14the same political party may succeed the Governor. If there is
15no officer in the line of succession of the same political
16party as the Governor to be replaced, then succession shall
17proceed according to the order of succession provided in this
18subsection (a), regardless of the political party of the
19succeeding officer and then as provided by law.
20    (b) If the Governor is unable to serve because of death,
21conviction on impeachment, failure to qualify, resignation or
22other disability, the office of Governor shall be filled by the
23officer next in line of succession for the remainder of the
24term or until the disability is removed.
25    (c) Whenever the Governor determines that he may be

 

 

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1seriously impeded in the exercise of his or her powers, he or
2she shall so notify the Secretary of State and the officer next
3in line of succession. The latter shall thereafter become
4Acting Governor with the duties and powers of Governor. When
5the Governor is prepared to resume office, he or she shall do
6so by notifying the Secretary of State and the Acting Governor.
7    (d) The General Assembly by law shall specify by whom and
8by what procedures the ability of the Governor to serve or to
9resume office may be questioned and determined. The Supreme
10Court shall have original and exclusive jurisdiction to review
11such a law and any such determination and, in the absence of
12such a law, shall make the determination under such rules as it
13may adopt.
14(Source: Illinois Constitution.)
 
15    (ILCON Art. V, Sec. 7)
16SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES
17    If the Attorney General, Secretary of State, Comptroller or
18Treasurer fails to qualify or if his or her office becomes
19vacant, the Governor shall fill the office by appointment. The
20appointee shall hold office until the elected officer qualifies
21or until a successor is elected and qualified as may be
22provided by law and shall not be subject to removal by the
23Governor. If the Lieutenant Governor fails to qualify or if his
24office becomes vacant, it shall remain vacant until the end of
25the term.

 

 

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1(Source: Illinois Constitution.)
 
2    (ILCON Art. V, Sec. 14)
3SECTION 14. LIEUTENANT GOVERNOR - DUTIES (REPEALED)
4    The Lieutenant Governor shall perform the duties and
5exercise the powers in the Executive Branch that may be
6delegated to him by the Governor and that may be prescribed by
7law.
8(Source: Illinois Constitution.)
 
9
SCHEDULE
10    This Constitutional Amendment takes effect upon being
11declared adopted in accordance with Section 7 of the Illinois
12Constitutional Amendment Act and applies beginning with the
13term of office otherwise commencing in 2023.