Bill Text: IL HJRCA0042 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Proposes to amend the Judiciary Article of the Illinois Constitution. Removes language providing that Supreme, Appellate and Circuit Judges shall be nominated at primary elections or by petition. Makes corresponding changes. Provides that the name of each person seeking election to the office of Judge at a general election shall be submitted to the electors without party designation. Effective upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HJRCA0042 Detail]

Download: Illinois-2017-HJRCA0042-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0042 Introduced , by Rep. Steven A. Andersson SYNOPSIS AS INTRODUCED:
ILCON Art. VI, Sec. 12
Proposes to amend the Judiciary Article of the Illinois Constitution. Removes language providing that Supreme, Appellate and Circuit Judges shall be nominated at primary elections or by petition. Makes corresponding changes. Provides that the name of each person seeking election to the office of Judge at a general election shall be submitted to the electors without party designation. Effective upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.
LRB100 19064 MJP 34319 e
HC0042 LRB100 19064 MJP 34319 e
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
HUNDREDTH 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 12 of Article VI
of the Illinois Constitution as follows
ARTICLE VI
THE JUDICIARY
(ILCON Art. VI, Sec. 12)
SECTION 12. ELECTION AND RETENTION
(a) Supreme, Appellate and Circuit Judges shall be
nominated at primary elections or by petition. Judges shall be
elected at general or judicial elections as the General
Assembly shall provide by law. A person eligible for the office
of Judge may cause his name to appear on the ballot as a
candidate for Judge at the primary and at the general or
judicial elections by submitting petitions. The name of each
person seeking election to the office of Judge at a general
election shall be submitted to the electors without party
designation. The General Assembly shall prescribe by law the

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requirements for petitions.
(b) The office of a Judge shall be vacant upon his death,
resignation, retirement, removal, or upon the conclusion of his
term without retention in office. Whenever an additional
Appellate or Circuit Judge is authorized by law, the office
shall be filled in the manner provided for filling a vacancy in
that office.
(c) A vacancy occurring in the office of Supreme, Appellate
or Circuit Judge shall be filled as the General Assembly may
provide by law. In the absence of a law, vacancies may be
filled by appointment by the Supreme Court. A person appointed
to fill a vacancy 60 or more days prior to the next primary
election to nominate Judges shall serve until the vacancy is
filled for a term at the next general or judicial election. A
person appointed to fill a vacancy less than 60 days prior to
the next primary election to nominate Judges shall serve until
the vacancy is filled at the second general or judicial
election following such appointment.
(d) Not less than six months before the general election
preceding the expiration of his term of office, a Supreme,
Appellate or Circuit Judge who has been elected to that office
may file in the office of the Secretary of State a declaration
of candidacy to succeed himself. The Secretary of State, not
less than 63 days before the election, shall certify the
Judge's candidacy to the proper election officials. The names
of Judges seeking retention shall be submitted to the electors,

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separately and without party designation, on the sole question
whether each Judge shall be retained in office for another
term. The retention elections shall be conducted at general
elections in the appropriate Judicial District, for Supreme and
Appellate Judges, and in the circuit for Circuit Judges. The
affirmative vote of three-fifths of the electors voting on the
question shall elect the Judge to the office for a term
commencing on the first Monday in December following his
election.
(e) A law reducing the number of Appellate or Circuit
Judges shall be without prejudice to the right of the Judges
affected to seek retention in office. A reduction shall become
effective when a vacancy occurs in the affected unit.
(Source: Illinois Constitution.)
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act.