Bill Text: IL HJRCA0044 | 2015-2016 | 99th General Assembly | Introduced


Bill Title: 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 and expands them to include all State Executive Branch officers and members of the General Assembly. Proposes to amend the Local Government Article of the Illinois Constitution. Provides for the recall of all elected officials of any school district, community college, or unit of local government. Effective upon being declared adopted.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2016-05-06 - Rule 19(a) / Re-referred to Rules Committee [HJRCA0044 Detail]

Download: Illinois-2015-HJRCA0044-Introduced.html


99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0044

Introduced , by Rep. Mark Batinick - David McSweeney

SYNOPSIS AS INTRODUCED:
ILCON Art. III, Sec. 7
ILCON Art. VII, Sec. 13 new

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 and expands them to include all State Executive Branch officers and members of the General Assembly. Proposes to amend the Local Government Article of the Illinois Constitution. Provides for the recall of all elected officials of any school district, community college, or unit of local government. Effective upon being declared adopted.
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1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Section 7 of Article III
9of the Illinois Constitution and to add Section 13 of Article
10VII as follows:
11
ARTICLE III
12
SUFFRAGE AND ELECTIONS
13 (ILCON Art. III, Sec. 7)
14SECTION 7. INITIATIVE TO RECALL EXECUTIVE OFFICERS AND MEMBERS
15OF THE GENERAL ASSEMBLY GOVERNOR
16 (a) The recall of any Executive Branch officer named in
17Section 1 of Article V the Governor may be proposed by a
18petition signed by a number of electors equal in number to at
19least 15% of the total votes cast for Governor in the preceding
20gubernatorial election, with at least 100 signatures from each
21of at least 25 separate counties. In addition, the recall of
22any member of the General Assembly may be proposed by a
23petition signed by a number of electors equal in number to at

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1least 15% of the total votes cast for Governor in the member's
2Legislative District or Representative District, as
3applicable, in the most recent Gubernatorial election. A
4petition shall have been signed by the petitioning electors not
5more than 150 days after an affidavit has been filed with the
6State Board of Elections providing notice of intent to
7circulate a petition to recall the Executive Branch officer or
8member of the General Assembly Governor. The affidavit may be
9filed no sooner than 6 months after the beginning of the
10officer's or member's Governor's term of office. The affidavit
11shall have been signed by the proponent of the recall petition,
12at least 20 members of the House of Representatives, and at
13least 10 members of the Senate, with no more than half of the
14signatures of members of each chamber from the same established
15political party.
16 (b) The form of the petition, circulation, and procedure
17for determining the validity and sufficiency of a petition
18shall be as provided by law. If the petition is valid and
19sufficient, the State Board of Elections shall certify the
20petition not more than 100 days after the date the petition was
21filed, and the question "Shall (name) be recalled from the
22office of (office) Governor?" must be submitted to the electors
23at a special election called by the State Board of Elections,
24to occur not more than 100 days after certification of the
25petition. A recall petition certified by the State Board of
26Elections may not be withdrawn and another recall petition may

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1not be initiated against the same officer or member Governor
2during the remainder of his or her the current term of office.
3In the case of an Executive Branch officer, any Any recall
4petition or recall election pending on the date of the next
5general election at which a candidate for that office a
6candidate for Governor is elected is void moot. In the case of
7a member of the General Assembly, any recall petition or recall
8election pending on the date of the next general election at
9which a member is elected from that member's Legislative or
10Representative District is void.
11 (c) If a petition to recall an Executive Branch officer or
12member of the General Assembly the Governor has been filed with
13the State Board of Elections, a person eligible to serve in the
14office with respect to which the recall petition has been filed
15as Governor may propose his or her candidacy by a petition
16signed by a number of electors equal in number to the
17requirement for petitions for an established party candidate
18for the office of Governor, signed by petitioning electors not
19more than 50 days after a recall petition has been filed with
20the State Board of Elections. The form of a successor election
21petition, circulation, and procedure for determining the
22validity and sufficiency of a petition shall be as provided by
23law. If the successor election petition is valid and
24sufficient, the State Board of Elections shall certify the
25petition not more than 100 days after the date the recall
26petition to recall the Governor was filed. Names of candidates

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1for nomination to serve as the candidate of an established
2political party must be submitted to the electors at a special
3primary election, if necessary, called by the State Board of
4Elections to be held at the same time as the special election
5on the question of recall established under subsection (b).
6Names of candidates for the successor election must be
7submitted to the electors at a special successor election
8called by the State Board of Elections, to occur not more than
960 days after the date of the special primary election or on a
10date established by law.
11 (d) The Executive Branch officer or member of the General
12Assembly Governor is immediately removed upon certification of
13the recall election results if a majority of the electors
14voting on the question vote in favor of recall to recall the
15Governor. If the Governor is removed, then (i) an Acting
16Governor determined under subsection (a) of Section 6 of
17Article V shall serve until the Governor elected at the special
18successor election is qualified and (ii) the candidate who
19receives the highest number of votes in the special successor
20election is elected Governor for the balance of the term. If an
21Executive Branch officer other than the Governor is removed,
22then the Governor shall appoint a successor as provided in
23Section 7 of Article V to serve until a successor is elected at
24the special successor election and qualified. If a member of
25the General Assembly is removed, then a successor shall be
26appointed as provided in Section 2 of Article IV to serve until

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1a successor is elected at the special successor election and
2qualified.
3 (e) If the petition to recall receives a number of
4signatures less than 15% (of the total votes cast for Governor
5in the preceding gubernatorial election), either statewide,
6for a Governor recall, or within a Legislative District or
7Representative District, for a member of the General Assembly
8recall, but receives more than 10%, the recall election shall
9be held during the next statewide election, as provided by law.
10(Source: Amendment adopted at general election November 2,
112010.)
12
ARTICLE VII
13
LOCAL GOVERNMENT
14 (ILCON Art. VII, Sec. 13 new)
15SECTION 13. INITIATIVE TO RECALL LOCAL GOVERNMENT OFFICIALS
16 (a) The recall of an individual holding a local elected
17office, including, but not limited to, mayors, village
18presidents, council members, school board members, community
19college officials, and county officials, may be proposed by a
20petition signed by a number of electors equal in number to at
21least 15% of the total votes cast for Governor in that election
22unit in the preceding gubernatorial election, provided that the
23total votes cast from that unit in the previous Gubernatorial
24election totals above 500. A petition shall have been signed by

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1the petitioning electors not more than 150 days after an
2affidavit has been filed with the local election official
3providing notice of intent to circulate a petition to recall
4the official. The affidavit may be filed no sooner than 6
5months after the beginning of the official's term of office.
6The affidavit shall have been signed by the proponent of the
7recall petition.
8 (b) The form of the petition, circulation, and procedure
9for determining the validity and sufficiency of a petition
10shall be as provided by law. If the petition is valid and
11sufficient, the local election official shall certify the
12petition not more than 100 days after the date the petition was
13filed, and the following question must be submitted to the
14electors at a special recall election called by the local
15election official, to occur not more than 100 days after
16certification of the petition:
17 "Should (elected official) be recalled from (his or her)
18 position(s) as (title of position)? (YES/NO)
19 If (elected official) is recalled, who do you support to
20 replace (him or her)?
21 (Elected official).
22 (Candidate).
23 (Candidate)."
24 (c) Replacement candidates wishing to be listed on the
25recall ballot shall be certified under the same procedures as
26if they were running for the applicable office in a standard

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1election, except for the petition circulation and filing of
2petitions shall only be between the time the intent to recall
3is filed and 90 days before the election. Candidates running to
4replace the recalled officeholder shall state clearly on their
5petitions which officeholder they are seeking to replace.
6 (d) There shall be no primary or runoff election after a
7recall election. The top vote-getter or vote-getters in the
8recall election shall replace the elected official or officials
9that were recalled.
10 (e) The procedure to be certified to run in the recall
11election shall be the same as being nominated and certified in
12the standard election for the office to be filled. Challenges
13to recall petitions shall follow the same procedures as
14challenges to petitions under the Election Code.
15 (f) If multiple officeholders from the same public office
16or district are being recalled, each recall question must be
17asked separately. All candidates running as replacements for
18that office and the current officeholder shall be on the ballot
19beneath the recall question.
20 (g) A recall petition certified by the local election
21official may not be withdrawn and another recall petition may
22not be initiated against the mayor or village president during
23the remainder of the current term of office. Any recall
24petition or recall election pending on the date of the next
25election at which a candidate for the office is elected is
26void.

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1 (h) If the petition to recall the official receives a
2number of signatures less than 15% (of the total votes cast for
3the Governor in that election unit in the preceding
4gubernatorial election), but receives more than 10% (of the
5total votes cast for the Governor in that election unit in the
6preceding gubernatorial election), the recall election for the
7official shall be held during the next election in that unit of
8government.
9
SCHEDULE
10 This Constitutional Amendment takes effect upon being
11declared adopted in accordance with Section 7 of the Illinois
12Constitutional Amendment Act.
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