HC0046 98TH GENERAL ASSEMBLY

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98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0046

Introduced , by Rep. Brian W. Stewart

SYNOPSIS AS INTRODUCED:

ILCON Art. III, Sec. 7

Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Provides for the recall of all State Executive Branch officers and members of the General Assembly. Changes the signature requirements for affidavits and petitions for recall of the Governor. Effective upon being declared adopted.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE 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 as follows:

ARTICLE III

SUFFRAGE AND ELECTIONS

(ILCON Art. III, Sec. 7) SECTION 7. INITIATIVE TO RECALL EXECUTIVE OFFICERS AND MEMBERS OF THE GENERAL ASSEMBLY GOVERNOR

(a) The recall of any Executive Branch officer named in Section 1 of Article V the Governor may be proposed by a petition signed by a number of electors equal in number to at least 10% 15% of the total votes cast for Governor in the preceding gubernatorial election, with at least 100 signatures from each of at least 25 separate counties. In addition, the recall of any member of the General Assembly may be proposed by a petition signed by a number of electors equal in number to at least 10% of the total votes cast for that office in the member's Legislative District or Representative District, as applicable, in the general election in which the member was last elected. A petition shall have been signed by the petitioning electors not more than 150 days after 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 or member of the General Assembly Governor. The affidavit may be filed no sooner than 6 months after the beginning of the officer's or member's Governor's term of office. 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 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) Governor?" must be submitted to the electors at a special election called by the State Board of Elections, to occur not more than 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 same officer or member Governor during the remainder of his or her the current term of office. In the case of an Executive Branch officer, any Any recall petition or recall election pending on the date of the next general election at which a candidate for that office a candidate for Governor is elected is moot. In the case of a member of the General Assembly, any recall petition or recall election pending on the date of the next general election at which a member is elected from that member's Legislative or Representative District is moot.

(c) If a petition to recall an Executive Branch officer or member of the General Assembly the Governor has been filed with the State Board of Elections, a person eligible to serve in the office with respect to which the recall petition has been filed 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 recall 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.

(d) The Executive Branch officer or member of the General Assembly Governor is immediately removed upon certification of the recall election results if a majority of the electors voting on the question vote in favor of recall to recall the Governor. If the Governor is removed, 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. If an Executive Branch officer other than the Governor is removed, then the Governor shall appoint a successor as provided in Section 7 of Article V to serve until a successor is elected at the special successor election and qualified. If a member of the General Assembly is removed, then a successor shall be appointed as provided in Section 2 of Article IV to serve until a successor is elected at the special successor election and qualified.

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

SCHEDULE

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