SC0013 103RD GENERAL ASSEMBLY

LRB103 26934 AWJ 53298 e

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0013

Introduced 3/30/2023, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:

ILCON Art. III, Sec. 7

ILCON Art. III, Sec. 9 new

ILCON Art. III, Sec. 10 new

Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Establishes procedures for the recall of all State Executive Branch officers, members of the General Assembly, and local government officials. Currently, the Constitution only establishes procedures for the recall of the Governor. Effective upon being declared adopted.

SENATE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE SENATE OF THE ONE HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 7 of Article III of the Illinois Constitution and to add Sections 9, 10, and 11 of Article III as follows:

ARTICLE III

SUFFRAGE AND ELECTIONS

(ILCON Art. III, Sec. 7) SECTION 7. INITIATIVE TO RECALL EXECUTIVE OFFICERS GOVERNOR

(a) To initiate the recall of any Executive Branch officer named in Section 1 of Article V, a petitioning elector shall file an affidavit with the State Board of Elections providing notice of intent to circulate a petition to recall an Executive Branch officer. The affidavit shall include: (1) a general statement of not more than 200 words naming the individual whose recall is sought and providing the grounds for which recall is sought; (2) a petition signed by a number of electors equal in number to at least 0.1% of the total votes cast for Governor in the preceding gubernatorial election; and (3) the signature of the petitioning elector.

Upon acceptance of the petitioning elector's affidavit by the State Board of Elections, an additional The recall of the Governor may be proposed by a petition signed by a number of electors equal in number to at least 12% 15% of the total votes cast for Governor in the preceding gubernatorial election shall be completed. The , with at least 100 signatures from each of at least 25 separate counties. A petition shall have been signed by the petitioning electors not more than 90 150 days after the an affidavit has been filed with the State Board of Elections providing notice of intent to circulate a petition to recall the Executive Branch officer the Governor. The affidavit may be filed no sooner than 6 months after the beginning of the Executive Branch officer's Governor's term of office. If the State Board of Elections determines the petition is valid, the Executive Branch officer whose recall is sought may file a response of not more than 200 words with the State Board of Elections. The petitioning elector's general statement and the Executive Branch officer's response shall appear on the recall ballot. The affidavit shall have been signed by the proponent of the recall petition, at least 20 members of the House of Representatives, and at least 10 members of the Senate, with no more than half of the signatures of members of each chamber from the same established political party.

(b) The form of the affidavit, petitions, petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition was filed, and the question "Shall (name) be recalled from the office of (office name) Governor?" must be submitted to the electors at a special election called by the State Board of Elections, to occur not more than 90 100 days after certification of the petition. A recall petition certified by the State Board of Elections may not be withdrawn and another recall petition may not be initiated against the Governor during the remainder of the current term of office. Any recall petition or recall election pending on the date of the next general election at which a candidate for the Executive Branch office for which recall is sought Governor is elected is moot.

(c) If a petition to recall the Governor has been filed with the State Board of Elections, a person eligible to serve as Governor may propose his or her candidacy by a petition signed by a number of electors equal in number to the requirement for petitions for an established party candidate for the office of Governor, signed by petitioning electors not more than 50 days after a recall petition has been filed with the State Board of Elections. The form of a successor election petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the successor election petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition to recall the Governor was filed. Names of candidates for nomination to serve as the candidate of an established political party must be submitted to the electors at a special primary election, if necessary, called by the State Board of Elections to be held at the same time as the special election on the question of recall established under subsection (b). Names of candidates for the successor election must be submitted to the electors at a special successor election called by the State Board of Elections, to occur not more than 60 days after the date of the special primary election or on a date established by law.

(c) (d) The Executive Branch officer Governor is immediately removed upon certification of the recall election results if a three-fifths majority of the electors voting on the question vote to recall the Executive Branch officer Governor. If the Executive Branch officer Governor is removed, the vacancy shall be filled as provided in Article V then (i) an Acting Governor determined under subsection (a) of Section 6 of Article V shall serve until the Governor elected at the special successor election is qualified and (ii) the candidate who receives the highest number of votes in the special successor election is elected Governor for the balance of the term.

(d) An Executive Branch officer recalled under this Section is ineligible to serve in public office for 10 years following certification of the recall election.

(Source: Amendment adopted at general election November 2, 2010.)

(ILCON Art. III, Sec. 9 new) SECTION 9. INITIATIVE TO RECALL MEMBERS OF THE GENERAL ASSEMBLY

(a) To initiate the recall of a member of the General Assembly, a petitioning elector shall file an affidavit with the State Board of Elections providing notice of intent to circulate a petition to recall the member. The affidavit shall include: (1) a general statement of not more than 200 words naming the individual whose recall is sought and providing the grounds for which recall is sought; (2) a petition signed by a number of electors equal in number to at least 0.1% of the total votes cast for Governor in the preceding gubernatorial election within the Legislative District or Representative District in which the member of the General Assembly represents; and (3) the signature of the petitioning elector. The affidavit may be filed no sooner than 6 months after the beginning of the member's term of office.

Upon acceptance of the petitioning elector's affidavit by the State Board of Elections, an additional petition signed by a number of electors equal in number to at least 12% of the total votes cast for Governor in the preceding gubernatorial election in the Legislative District or Representative District in which the member of the General Assembly represents shall be completed. The petition shall have been signed by the petitioning electors not more than 90 days after the affidavit has been filed with the State Board of Elections providing notice of intent to circulate a petition to recall the member. If the State Board of Elections determines the petition is valid, the member whose recall is sought may file a response of not more than 200 words with the State Board of Elections. The petitioning elector's general statement and the member's response shall appear on the recall ballot.

(b) The form of the affidavit, petitions, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition was filed, and the question "Shall (name) be recalled from the office of (office name)?" must be submitted, to the electors of the Legislative District or Representative District represented by the member of the General Assembly, at a special election called by the State Board of Elections to occur not more than 90 days after certification of the petition. Any recall petition or recall election pending on the date of the next general election at which a member of the General Assembly for which recall is sought is elected is moot.

(c) The member of the General Assembly is immediately removed upon certification of the recall election results if a three-fifths majority of the electors voting on the question vote to recall the member. If the member is removed, the vacancy shall be filled as provided by Section 2 of Article IV.

(d) A member of the General Assembly recalled under this Section is ineligible to serve in public office for 10 years following certification of the recall election.

(ILCON Art. III, Sec. 10 new) SECTION 10. INITIATIVE TO RECALL LOCAL GOVERNMENT OFFICIALS

(a) As used in this Section, "local government official" means an elected or appointed public official of a unit of local government, school district, or community college district.

(b) To initiate the recall of a local government official, a petitioning elector shall file an affidavit with the State Board of Elections providing notice of intent to circulate a petition to recall the official. The affidavit shall include: (1) a general statement of not more than 200 words naming the individual whose recall is sought and providing the grounds for which recall is sought; (2) a petition signed by a number of electors equal in number to at least 0.1% of the total votes cast for Governor in the preceding gubernatorial election within the unit of local government, school district, or community college district in which the official represents; and (3) the signature of the petitioning elector. The affidavit may be filed no sooner than 6 months after the beginning of the local government official's term of office.

Upon acceptance of the petitioning elector's affidavit by the State Board of Elections, an additional petition signed by a number of electors equal to a percentage of the total votes cast for Governor in the preceding gubernatorial election as determined by the population of the unit of local government, school district, or community college district in which the local government official represents as follows: for a jurisdiction of not more than 1,000 qualified electors, 30%; for a jurisdiction of more than 1,000 qualified electors but not more than 10,000 qualified electors, 25%; for a jurisdiction of more than 10,000 qualified electors but not more than 50,000 qualified electors, 20%; for a jurisdiction of more than 50,000 qualified electors but not more than 100,000 qualified electors, 15%; for a jurisdiction of more than 100,000 qualified voters, 10%. The petition shall have been signed by the petitioning electors not more than 90 days after the affidavit has been filed with the State Board of Elections providing notice of intent to circulate a petition to recall the local government official. If the State Board of Elections determines the petition is valid, the local government official whose recall is sought may file a response of not more than 200 words with the State Board of Elections. The petitioning elector's general statement and the local government official's response shall appear on the recall ballot.

(c) The form of the affidavit, petitions, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition was filed, and the question must be submitted to the electors of the unit of local government, school district, or community college district at a special election called by the State Board of Elections, to occur not more than 90 days after certification of the petition in substantially the following form:

"Should (official's name) be recalled from the position of

(title of position)?

If (official's name) is recalled, which of the following

candidates should replace (official's name)?

(candidate or candidates to succeed the recalled official)."

Any recall petition or recall election pending on the date of the next general election at which a local government official for which recall is sought is elected is moot. The form of the affidavit, petition, circulation, and procedure for candidates to replace the recalled official shall be provided by law.

(d) The local government official is immediately removed upon certification of the recall election results if a three-fifths majority of the electors voting on the question vote to recall the local government official. If the local government official is removed, the vacancy shall be filled as provided by law.

(e) A local government official recalled under this Section is ineligible to serve in public office for 10 years following certification of the recall election.

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.