Full Text of HJRCA0028 095th General Assembly
HC0028eng 95TH GENERAL ASSEMBLY
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| HOUSE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT 28
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 4 |
| NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 5 |
| SENATE CONCURRING HEREIN, that there shall be submitted to the | 6 |
| electors of the State for adoption or rejection at the general | 7 |
| election next occurring at least 6 months after the adoption of | 8 |
| this resolution a proposition to add Section 7 to Article III | 9 |
| of the Illinois Constitution as follows:
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| ARTICLE III
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| SUFFRAGE AND ELECTIONS
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| (ILCON Art. III, Sec. 7 new)
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| SECTION 7. RECALL OF EXECUTIVE OFFICERS AND MEMBERS OF THE | 14 |
| GENERAL ASSEMBLY | 15 |
| (a) Electors may petition for the recall of an executive | 16 |
| branch officer as identified in Section 1 of Article V or a | 17 |
| member of the General Assembly. If the recall petition is | 18 |
| valid, on a separate ballot the question "Shall (officer) be | 19 |
| recalled from the office of (office)" must be submitted to the | 20 |
| electors, along with the names of any candidates certified for | 21 |
| the successor election, at a special election called by the | 22 |
| State Board of Elections or at a regularly scheduled election | 23 |
| to occur not more than 100 days after the date of certification |
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| of the recall petition. The officer or member subject to recall | 2 |
| may be a candidate in the successor election. | 3 |
| (b) An executive branch officer or member of the General | 4 |
| Assembly is immediately removed upon certification of the | 5 |
| recall election results if a majority of the electors voting on | 6 |
| the question vote to recall the officer or member. If an | 7 |
| officer or member is recalled, the candidate who receives the | 8 |
| highest number of votes in the successor election is elected | 9 |
| successor for the balance of the term. Once a recall election | 10 |
| petition is certified, the petition may not be withdrawn and | 11 |
| another recall petition may not be initiated against that | 12 |
| officer or member during the remainder of his or her current | 13 |
| term of office. | 14 |
| (c) Any elector of the State, or the applicable Legislative | 15 |
| or Representative District, may file an affidavit with the | 16 |
| State Board of Elections providing notice of intent to | 17 |
| circulate a petition to recall an officer or member no sooner | 18 |
| than 6 months after the beginning of the officer's or member's | 19 |
| current term of office. The affidavit must identify the name of | 20 |
| the officer or member and the office to be recalled, the name | 21 |
| and address of the proponents of the recall petition, and the | 22 |
| date of filing with the State Board of Elections. A recall | 23 |
| petition shall not be circulated prior to filing the affidavit, | 24 |
| and a recall petition must be filed with the State Board of | 25 |
| Elections no later than 160 days after filing the affidavit. | 26 |
| (d) A petition to recall an executive branch officer must |
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| include signatures of electors of the State equal to at least | 2 |
| 12% of the total votes cast for the office in the election at | 3 |
| which the officer was elected, with signatures equal to at | 4 |
| least 1% of the vote for the office from at least 5 separate | 5 |
| counties. A petition to recall a member of the General Assembly | 6 |
| must be signed by electors of the respective Legislative | 7 |
| District or Representative District equal to at least 20% of | 8 |
| the total votes cast for the office in the election at which | 9 |
| the member was elected. The form, circulation, and manner of | 10 |
| filing a recall petition shall comply with the requirements | 11 |
| provided by law for a statewide advisory public question, | 12 |
| except the deadlines set forth in this Section. | 13 |
| (e) A recall petition is valid unless an objection is made | 14 |
| within 45 days after the date the petition is filed, and an | 15 |
| objection to the recall petition may be made in the same manner | 16 |
| as to a candidate for the office subject to recall. The State | 17 |
| Board of Elections shall certify the recall petition not more | 18 |
| than 105 days after the date the recall petition is filed. Any | 19 |
| recall petition or election pending on the date of the next | 20 |
| general election at which a candidate for the office subject to | 21 |
| recall is elected is moot. | 22 |
| (f) If a recall election is initiated, the name of no | 23 |
| successor candidate may appear on the ballot unless a | 24 |
| nominating petition has been filed with the State Board of | 25 |
| Elections no more than 40 days after filing of the recall | 26 |
| petition. The nominating petition of an established party |
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| candidate must contain the same number of signatures and be | 2 |
| circulated in the same manner as an established party candidate | 3 |
| for nomination to the office subject to recall, except the | 4 |
| petition must be circulated no more than 40 days prior to the | 5 |
| last day for filing nomination petitions. The nominating | 6 |
| petition of an independent or new party candidate must contain | 7 |
| the same number of signatures and be circulated in the same | 8 |
| manner as an independent or new party candidate, respectively, | 9 |
| for election to the office subject to recall, except the | 10 |
| petition must be circulated no more than 40 days prior to the | 11 |
| last day for filing nomination petitions. A nominating petition | 12 |
| may be objected to in the same manner as a candidate for the | 13 |
| office subject to recall, unless otherwise provided by law. The | 14 |
| State Board of Elections shall certify a valid nominating | 15 |
| petition not more than 105 days after the date the recall | 16 |
| petition is filed. | 17 |
| (g) An election to determine whether to recall an executive | 18 |
| officer or member of the General Assembly and to elect a | 19 |
| successor shall be proclaimed by the State Board of Elections | 20 |
| and held not less than 60 days and no more than 100 days after | 21 |
| the date of certification of the recall petition. | 22 |
| (h) The provisions of this Section are self-executing and | 23 |
| judicially enforceable.
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| SCHEDULE | 25 |
| The State Board of Elections shall proceed, as soon as all |
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| the returns are received but no later than 31 days after the | 2 |
| election, to canvass the votes given for and against this | 3 |
| Constitutional Amendment, as shown by the abstracts of votes | 4 |
| cast. If this Constitutional Amendment is approved by either | 5 |
| three-fifths of those voting on the question or a majority of | 6 |
| those voting in the election, then the State Board of Elections | 7 |
| shall declare the adoption of this Constitutional Amendment and | 8 |
| it shall, upon declaration of its adoption, take effect and | 9 |
| become a part of the Constitution of this State. This Schedule | 10 |
| supersedes and applies notwithstanding any statute to the | 11 |
| contrary, and no other requirements, including without | 12 |
| limitation proclamation of the results of the vote or notice by | 13 |
| publication, are necessary for its effectiveness. |
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