Bill Text: IL HJR0121 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: With respect to the amendment to the Suffrage and Elections Article of the Illinois Constitution proposed by House Joint Resolution Constitutional Amendment 31 (which provides for the recall of a Governor), sets forth a brief explanation of the proposed amendment, a brief argument in favor of the amendment, a brief argument against the amendment, and the form in which the amendment will appear on the ballot.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-05-26 - Adopted Both Houses [HJR0121 Detail]
Download: Illinois-2009-HJR0121-Enrolled.html
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1 | HOUSE JOINT RESOLUTION 121
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2 | WHEREAS, The 96th General Assembly of the State of Illinois | ||||||
3 | has submitted House Joint Resolution Constitutional Amendment | ||||||
4 | 31, a proposition to amend the Illinois Constitution, to the | ||||||
5 | voters of Illinois at the November 2010 general election; and
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6 | WHEREAS, The Illinois Constitutional Amendment Act | ||||||
7 | requires the General Assembly to prepare a brief explanation of | ||||||
8 | the proposed amendment, a brief argument in favor of the | ||||||
9 | amendment, a brief argument against the amendment, and the form | ||||||
10 | in which the amendment will appear on the ballot, and also | ||||||
11 | requires the information to be published and distributed to the | ||||||
12 | electorate; therefore, be it
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13 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | ||||||
14 | NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | ||||||
15 | SENATE CONCURRING HEREIN, that the proposed form of new Section | ||||||
16 | 7 of Article III shall be published as follows:
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17 | "ARTICLE III | ||||||
18 | SUFFRAGE AND ELECTIONS | ||||||
19 | SECTION 7. INITIATIVE TO RECALL GOVERNOR | ||||||
20 | (a) The recall of the Governor may be proposed by a | ||||||
21 | petition signed by a number of electors equal in number to at |
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1 | least 15% of the total votes cast for Governor in the preceding | ||||||
2 | gubernatorial election, with at least 100 signatures from each | ||||||
3 | of at least 25 separate counties. A petition shall have been | ||||||
4 | signed by the petitioning electors not more than 150 days after | ||||||
5 | an affidavit has been filed with the State Board of Elections | ||||||
6 | providing notice of intent to circulate a petition to recall | ||||||
7 | the Governor. The affidavit may be filed no sooner than 6 | ||||||
8 | months after the beginning of the Governor's term of office. | ||||||
9 | The affidavit shall have been signed by the proponent of the | ||||||
10 | recall petition, at least 20 members of the House of | ||||||
11 | Representatives, and at least 10 members of the Senate, with no | ||||||
12 | more than half of the signatures of members of each chamber | ||||||
13 | from the same established political party. | ||||||
14 | (b) The form of the petition, circulation, and procedure | ||||||
15 | for determining the validity and sufficiency of a petition | ||||||
16 | shall be as provided by law. If the petition is valid and | ||||||
17 | sufficient, the State Board of Elections shall certify the | ||||||
18 | petition not more than 100 days after the date the petition was | ||||||
19 | filed, and the question "Shall (name) be recalled from the | ||||||
20 | office of Governor?" must be submitted to the electors at a | ||||||
21 | special election called by the State Board of Elections, to | ||||||
22 | occur not more than 100 days after certification of the | ||||||
23 | petition. A recall petition certified by the State Board of | ||||||
24 | Elections may not be withdrawn and another recall petition may | ||||||
25 | not be initiated against the Governor during the remainder of | ||||||
26 | the current term of office. Any recall petition or recall |
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1 | election pending on the date of the next general election at | ||||||
2 | which a candidate for Governor is elected is moot. | ||||||
3 | (c) If a petition to recall the Governor has been filed | ||||||
4 | with the State Board of Elections, a person eligible to serve | ||||||
5 | as Governor may propose his or her candidacy by a petition | ||||||
6 | signed by a number of electors equal in number to the | ||||||
7 | requirement for petitions for an established party candidate | ||||||
8 | for the office of Governor, signed by petitioning electors not | ||||||
9 | more than 50 days after a recall petition has been filed with | ||||||
10 | the State Board of Elections. The form of a successor election | ||||||
11 | petition, circulation, and procedure for determining the | ||||||
12 | validity and sufficiency of a petition shall be as provided by | ||||||
13 | law. If the successor election petition is valid and | ||||||
14 | sufficient, the State Board of Elections shall certify the | ||||||
15 | petition not more than 100 days after the date the petition to | ||||||
16 | recall the Governor was filed. Names of candidates for | ||||||
17 | nomination to serve as the candidate of an established | ||||||
18 | political party must be submitted to the electors at a special | ||||||
19 | primary election, if necessary, called by the State Board of | ||||||
20 | Elections to be held at the same time as the special election | ||||||
21 | on the question of recall established under subsection (b). | ||||||
22 | Names of candidates for the successor election must be | ||||||
23 | submitted to the electors at a special successor election | ||||||
24 | called by the State Board of Elections, to occur not more than | ||||||
25 | 60 days after the date of the special primary election or on a | ||||||
26 | date established by law. |
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1 | (d) The Governor is immediately removed upon certification | ||||||
2 | of the recall election results if a majority of the electors | ||||||
3 | voting on the question vote to recall the Governor. If the | ||||||
4 | Governor is removed, then (i) an Acting Governor determined | ||||||
5 | under subsection (a) of Section 6 of Article V shall serve | ||||||
6 | until the Governor elected at the special successor election is | ||||||
7 | qualified and (ii) the candidate who receives the highest | ||||||
8 | number of votes in the special successor election is elected | ||||||
9 | Governor for the balance of the term. "; and be it further
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10 | RESOLVED, That a brief explanation of the proposed | ||||||
11 | amendment, a brief argument in favor of the amendment, a brief | ||||||
12 | argument against the amendment, and the form in which the | ||||||
13 | amendment will appear on the ballot shall be published and | ||||||
14 | distributed as follows: |
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1 | PROPOSED AMENDMENT
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2 | TO ADD SECTION 7 TO ARTICLE III | ||||||
3 | OF THE ILLINOIS CONSTITUTION | ||||||
4 | That will be submitted to the voters
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5 | November 2, 2010 | ||||||
6 | This pamphlet includes | ||||||
7 | EXPLANATION OF THE PROPOSED AMENDMENT
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8 | ARGUMENTS IN FAVOR OF THE AMENDMENT
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9 | ARGUMENTS AGAINST THE AMENDMENT
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10 | FORM OF BALLOT
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1 | To the Electors of the State of Illinois:
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2 | The purpose of a state constitution is to establish a structure | ||||||
3 | for government and laws. The Illinois Constitution provides | ||||||
4 | citizens with rights and protections; creates the executive, | ||||||
5 | judicial, and legislative branches of government; clarifies | ||||||
6 | the powers given to local governments; limits the taxing power | ||||||
7 | of the State; and imposes certain restrictions on the use of | ||||||
8 | taxpayer dollars. There are three ways to initiate change to | ||||||
9 | the Illinois Constitution: (1) a constitutional convention may | ||||||
10 | propose changes to any part; (2) the General Assembly may | ||||||
11 | propose changes to any part; or (3) the people of the State by | ||||||
12 | referendum may propose changes to the Legislative Article. | ||||||
13 | Regardless of the method of initiating change, the people of | ||||||
14 | Illinois must approve any changes to the Constitution before | ||||||
15 | they become effective.
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16 | The proposed amendment, which takes effect upon approval by the | ||||||
17 | voters, adds Section 7 to the Suffrage and Elections Article of | ||||||
18 | the Illinois Constitution. The new section would provide the | ||||||
19 | State's electors with an option to petition for a special | ||||||
20 | election to recall a Governor and for the election of a | ||||||
21 | successor Governor. At the general election to be held on | ||||||
22 | November 2, 2010, you will be called upon to decide whether the | ||||||
23 | proposed amendment should become part of the Illinois | ||||||
24 | Constitution.
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1 | EXPLANATION
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2 | The Illinois Constitution provides the General Assembly with | ||||||
3 | exclusive authority to remove a Governor through the | ||||||
4 | impeachment process. The Illinois Constitution also provides | ||||||
5 | that the order of succession to the office of Governor shall be | ||||||
6 | the Lieutenant Governor, the elected Attorney General, the | ||||||
7 | elected Secretary of State, and then as provided by law. The | ||||||
8 | proposed amendment would provide the State's electors with the | ||||||
9 | ability to initiate a special election to recall a Governor and | ||||||
10 | elect a new Governor.
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11 | To begin the recall process, an elector must file an affidavit | ||||||
12 | of intent to circulate petitions to recall a Governor no sooner | ||||||
13 | than 6 months after the beginning of the Governor's term of | ||||||
14 | office. The affidavit must include signatures of the proponent | ||||||
15 | of the recall petition, at least 20 members of the House of | ||||||
16 | Representatives, and at least 10 members of the Senate, with no | ||||||
17 | more than half of the signatures in each chamber from the same | ||||||
18 | political party. After filing the affidavit with the State | ||||||
19 | Board of Elections, the proponent has 150 days to circulate a | ||||||
20 | petition. The petition must include signatures equal to 15% of | ||||||
21 | the total votes cast for Governor in the preceding | ||||||
22 | gubernatorial election, with at least 100 signatures from a | ||||||
23 | minimum of 25 counties. Within 100 days, the State Board of |
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1 | Elections must certify or reject the petition, and if the Board | ||||||
2 | certifies the petition, a special election must be held within | ||||||
3 | 100 days after the certification. The special election ballot | ||||||
4 | shall include the question, "Shall (name) be removed from the | ||||||
5 | office of Governor?". The Governor is immediately removed if a | ||||||
6 | majority of the electors voting on the question vote to recall | ||||||
7 | the Governor.
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8 | Persons seeking to be elected to serve as the successor | ||||||
9 | Governor may circulate nomination petitions. A petition must be | ||||||
10 | signed by 5,000 electors. If multiple candidates of the same | ||||||
11 | party file petitions, a special primary election will occur on | ||||||
12 | the same day as the recall election.
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13 | If a Governor is recalled, a special election to elect the | ||||||
14 | successor Governor must take place within 60 days. An Acting | ||||||
15 | Governor, as determined by the order of succession, shall | ||||||
16 | assume the duties of the Governor until the electors choose a | ||||||
17 | new Governor. The special election ballot will include the | ||||||
18 | names of the candidates nominated at the special primary | ||||||
19 | election, as well as any independent or new party candidates, | ||||||
20 | on a special election ballot. The candidate receiving the | ||||||
21 | highest number of votes shall be elected Governor for the | ||||||
22 | balance of the term.
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23 | Voters that believe the Illinois Constitution should be amended |
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1 | to provide for a special election to recall a Governor and for | ||||||
2 | a special election to elect a successor Governor should vote | ||||||
3 | "YES" on the question. Three-fifths of those voting on the | ||||||
4 | question, or a majority of those voting in the election, must | ||||||
5 | vote "YES" in order for the amendment to become effective. | ||||||
6 | Voters that believe the Illinois Constitution should not be | ||||||
7 | amended to provide for a special election to recall a Governor | ||||||
8 | and for a special election to elect a successor Governor should | ||||||
9 | vote "NO" on the question.
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10 | Arguments In Favor of the Proposed Amendment | ||||||
11 | 1. Electors of the State should have the ability to remove | ||||||
12 | a Governor mid-term. | ||||||
13 | 2. The recall process increases citizen participation. | ||||||
14 | 3. Electors should not have to rely on the impeachment | ||||||
15 | process.
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16 | Check on a Governor
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17 | Currently, a Governor may serve his or her full term without | ||||||
18 | fear of public reprisal. Recall will serve as a warning to a | ||||||
19 | Governor that the will of the people cannot be taken for | ||||||
20 | granted. Furthermore, simply permitting the electors to | ||||||
21 | circulate petitions serves as an important check on the | ||||||
22 | activities of a Governor.
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1 | Increases Citizen Participation
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2 | Permitting the electors to initiate the recall process | ||||||
3 | encourages citizen participation in government. Electors are | ||||||
4 | granted an additional power with regard to protections against | ||||||
5 | improper governance. Citizens will have the power to initiate a | ||||||
6 | recall if they believe it is in the best interest of the State. | ||||||
7 | This Constitutional Amendment would give Illinois citizens a | ||||||
8 | recall mechanism similar to that available to the citizens of | ||||||
9 | eighteen other states.
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10 | Impeachment Is Not Certain
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11 | There is no guarantee that the General Assembly will conduct | ||||||
12 | impeachment hearings or impeach and remove a Governor. The | ||||||
13 | electors should have a mechanism to begin the process if the | ||||||
14 | General Assembly fails to do so. A focused recall effort will | ||||||
15 | inform the General Assembly of the public's desire for | ||||||
16 | impeachment.
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17 | Arguments Against the Proposed Amendment | ||||||
18 | 1. The cost of a special election to recall a Governor | ||||||
19 | could total as much as $101 million. | ||||||
20 | 2. A Governor can be removed through the impeachment | ||||||
21 | process. | ||||||
22 | 3. Recall elections will be used to play political games, | ||||||
23 | rather than ensure the welfare of the citizens.
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1 | Expenses Could Be High | ||||||
2 | Illinois is in the midst of a financial crisis that would be | ||||||
3 | made worse by holding a special election to recall a Governor | ||||||
4 | and a special election to elect a successor Governor. The State | ||||||
5 | Board of Elections estimates the total costs could reach | ||||||
6 | $101,070,000. Considering that a Governor is elected every 4 | ||||||
7 | years and we can remove a Governor through the impeachment | ||||||
8 | process, a special election is a major expense that taxpayers | ||||||
9 | do not need.
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10 | The Impeachment Process Works | ||||||
11 | The House of Representatives has the sole power to conduct | ||||||
12 | investigations and impeach a Governor. Impeachments are tried | ||||||
13 | by the Senate and, if the Governor is convicted, the Senate may | ||||||
14 | remove the Governor and disqualify him or her from holding any | ||||||
15 | public office in Illinois. The impeachment process ensures that | ||||||
16 | serious abuses and misconduct are not tolerated. The citizens | ||||||
17 | of Illinois are now familiar with the impeachment process.
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18 | Political Games | ||||||
19 | The process established by the amendment could lead to | ||||||
20 | political gamesmanship. Coordinating a statewide effort to | ||||||
21 | recall a Governor will be expensive and can be accomplished | ||||||
22 | only with the financial assistance of political parties, | ||||||
23 | special interest groups, and lobbyists. These groups will |
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1 | coordinate recall petition drives to advance their own agendas. | ||||||
2 | Additionally, a Governor concerned about the threat of recall | ||||||
3 | may be unable to make unpopular decisions, even if the decision | ||||||
4 | is in the best interest of the State. There is no way to ensure | ||||||
5 | that the recall process will be used to remove a Governor for | ||||||
6 | cause, rather than merely for political purposes.
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7 | FORM OF BALLOT | ||||||
8 | Proposed Amendment to the 1970 Illinois Constitution
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9 | Explanation of Amendment
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10 | The proposed amendment, which takes effect upon approval by the | ||||||
11 | voters, adds a new section to the Suffrage and Elections | ||||||
12 | Article of the Illinois Constitution. The new section would | ||||||
13 | provide the State's electors with an option to petition for a | ||||||
14 | special election to recall a Governor and for the special | ||||||
15 | election of a successor Governor. At the general election to be | ||||||
16 | held on November 2, 2010, you will be called upon to decide | ||||||
17 | whether the proposed amendment should become part of the | ||||||
18 | Illinois Constitution.
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19 | If you believe the Illinois Constitution should be amended to | ||||||
20 | provide for a special election to recall a Governor and for a | ||||||
21 | special election to elect a successor Governor, you should vote | ||||||
22 | "YES" on the question. If you believe the Illinois Constitution |
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1 | should not be amended to provide for a special election to | ||||||
2 | recall a Governor and for a special election to elect a | ||||||
3 | successor Governor, you should vote "NO" on the question. | ||||||
4 | Three-fifths of those voting on the question or a majority of | ||||||
5 | those voting in the election must vote "YES" in order for the | ||||||
6 | amendment to become effective.
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7 | -------------------------------------------------------------
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8 | YES For the proposed addition
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9 | ---------- of Section 7 to Article III
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10 | NO of the Illinois Constitution.
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11 | -------------------------------------------------------------
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