Bill Text: IL HJRCA0033 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Provides for initiation of recall of General Assembly members by elector petition and for the election of successor members. Effective upon being declared adopted.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-02 - Tabled Pursuant to Rule 46 [HJRCA0033 Detail]

Download: Illinois-2009-HJRCA0033-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0033 Introduced , by Rep. Dave Winters SYNOPSIS AS INTRODUCED:
ILCON Art. III, Sec. 7 new
Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Provides for initiation of recall of General Assembly members by elector petition and for the election of successor members. Effective upon being declared adopted.
LRB096 13234 JAM 27894 e
A BILL FOR
HC0033 LRB096 13234 JAM 27894 e
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
NINETY-SIXTH 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 Article III of the
Illinois Constitution by adding Section 7 as follows:
ARTICLE III
SUFFRAGE AND ELECTIONS
(ILCON Art. III, Sec. 7 new)
SECTION 7. RECALL OF MEMBERS OF THE GENERAL ASSEMBLY
(a) Electors may petition for the recall of a member of the
General Assembly. If the recall petition is valid, on a
separate ballot the question "Shall (member) be recalled from
the General Assembly?" must be submitted to the electors, along
with the names of any candidates certified for the successor
election, at a special election called by the State Board of
Elections or at a regularly scheduled election to occur as
described in subsection (g). The member subject to recall may
be a candidate in the successor election.
(b) A member of the General Assembly is immediately removed

HC0033 - 2 - LRB096 13234 JAM 27894 e
upon certification of the recall election results if a majority
of the electors voting on the question vote to recall the
member. If a member is recalled, the candidate who receives the
highest number of votes in the successor election is elected
successor for the balance of the term. Once a recall petition
is certified, the petition may not be withdrawn and another
recall petition may not be initiated against that member during
the remainder of his or her current term of office.
(c) Any elector of the applicable Legislative or
Representative District may file an affidavit with the State
Board of Elections providing notice of intent to circulate a
petition to recall a member no sooner than 6 months after the
beginning of the member's current term of office. The affidavit
must identify the name of the member and the office to be
recalled, the name and address of the proponents of the recall
petition, and the date of filing with the State Board of
Elections. A recall petition shall not be circulated prior to
filing the affidavit, and a recall petition must be filed with
the State Board of Elections no later than 160 days after
filing the affidavit.
(d) A petition to recall a member of the General Assembly
must be signed by electors of the respective Legislative
District or Representative District equal to at least 20% of
the total votes cast for the office in the election at which
the member was elected. The form, circulation, and manner of
filing a recall petition shall comply with the requirements

HC0033 - 3 - LRB096 13234 JAM 27894 e
provided by law for a statewide advisory public question,
except the deadlines set forth in this Section.
(e) A recall petition is valid unless an objection is made
within 45 days after the date the petition is filed, and an
objection to the recall petition may be made in the same manner
as to that of a candidate for the office subject to recall. The
State Board of Elections shall certify the recall petition not
more than 105 days after the date the recall petition is filed.
Any recall petition or election pending on the date of the next
general election at which a candidate for the office subject to
recall is elected is moot.
(f) If a recall election is initiated, the name of no
successor candidate may appear on the ballot unless a
nominating petition has been filed with the State Board of
Elections no more than 40 days after filing of the recall
petition. The nominating petition of an established party
candidate must contain the same number of signatures and be
circulated in the same manner as an established party candidate
for nomination to the office subject to recall, except the
petition must be circulated no more than 40 days prior to the
last day for filing nomination petitions. The nominating
petition of an independent or new party candidate must contain
the same number of signatures and be circulated in the same
manner as an independent or new party candidate, respectively,
for election to the office subject to recall, except the
petition must be circulated no more than 40 days prior to the

HC0033 - 4 - LRB096 13234 JAM 27894 e
last day for filing nomination petitions. A nominating petition
may be objected to in the same manner as to that of a candidate
for the office subject to recall, unless otherwise provided by
law. The State Board of Elections shall certify a valid
nominating petition not more than 105 days after the date the
recall petition is filed.
(g) An election to determine whether to recall a member of
the General Assembly and to elect a successor shall be
proclaimed by the State Board of Elections and held not less
than 60 days and no more than 100 days after the date of
certification of the recall petition.
(h) The provisions of this Section are self-executing and
judicially enforceable.
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act.