Bill Text: IL SJRCA0003 | 2021-2022 | 102nd 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, legislative leaders, the Auditor General, members of the General Assembly, and local government officials. Makes changes to the procedures for the recall of the Governor. Effective upon being declared adopted.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Introduced) 2021-02-10 - Added as Co-Sponsor Sen. John F. Curran [SJRCA0003 Detail]

Download: Illinois-2021-SJRCA0003-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0003

Introduced 1/28/2021, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:
ILCON Art. III, Sec. 7
ILCON Art. III, Sec. 9 new
ILCON Art. III, Sec. 10 new
ILCON Art. III, Sec. 11 new

Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Provides for the recall of all State Executive Branch officers, legislative leaders, the Auditor General, members of the General Assembly, and local government officials. Makes changes to the procedures for the recall of the Governor. Effective upon being declared adopted.
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SC0003LRB102 10187 SMS 15510 e
1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE SENATE OF THE ONE HUNDRED SECOND GENERAL
4ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF
5REPRESENTATIVES CONCURRING HEREIN, that there shall be
6submitted to the electors of the State for adoption or
7rejection at the general election next occurring at least 6
8months after the adoption of this resolution a proposition to
9amend Section 7 of Article III of the Illinois Constitution
10and to add Sections 9, 10, and 11 of Article III as follows:
11
ARTICLE III
12
SUFFRAGE AND ELECTIONS
13 (ILCON Art. III, Sec. 7)
14SECTION 7. INITIATIVE TO RECALL EXECUTIVE OFFICERS GOVERNOR
15 (a) To initiate the recall of any Executive Branch officer
16named in Section 1 of Article V, a petitioning elector shall
17file an affidavit with the State Board of Elections providing
18notice to circulate a petition to recall an Executive Branch
19officer. The affidavit shall include: (1) a general statement
20of not more than 200 words enumerating the individual whose
21recall is sought and providing the grounds for which recall is
22sought; (2) a petition signed by a number of electors equal in
23number to at least 0.1% of the total votes cast for Governor in

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1the preceding gubernatorial election; and (3) the signature of
2the petitioning elector. Upon acceptance of the petitioning
3elector's affidavit by the State Board of Elections, the The
4recall of any Executive Branch officer the Governor may be
5proposed by a petition signed by a number of electors equal in
6number to at least 12% 15% of the total votes cast for Governor
7in the preceding gubernatorial election, with at least 100
8signatures from each of at least 25 separate counties. A
9petition shall have been signed by the petitioning electors
10not more than 90 150 days after an affidavit has been filed
11with the State Board of Elections providing notice of intent
12to circulate a petition to recall an Executive Branch officer
13the Governor. The affidavit may be filed no sooner than 6
14months after the beginning of the Executive Branch officer's
15Governor's term of office. If the State Board of Elections
16determines the petition is valid, the Executive Branch officer
17whose recall is sought may file a response of not more than 200
18words with the State Board of Elections. The petitioning
19elector's general statement and the Executive Branch officer's
20response shall appear on the recall ballot. The affidavit
21shall have been signed by the proponent of the recall
22petition, at least 20 members of the House of Representatives,
23and at least 10 members of the Senate, with no more than half
24of the signatures of members of each chamber from the same
25established political party.
26 (b) The form of the affidavit, petition, circulation, and

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1procedure for determining the validity and sufficiency of a
2petition shall be as provided by law. If the petition is valid
3and sufficient, the State Board of Elections shall certify the
4petition not more than 100 days after the date the petition was
5filed, and the question "Shall (name) be recalled from the
6office of (office) Governor?" must be submitted to the
7electors at a special election called by the State Board of
8Elections, to occur not more than 90 100 days after
9certification of the petition. A recall petition certified by
10the State Board of Elections may not be withdrawn and another
11recall petition may not be initiated against the Governor
12during the remainder of the current term of office. Any recall
13petition or recall election pending on the date of the next
14general election at which a candidate for an Executive branch
15office for which recall is sought Governor is elected is moot.
16 (c) (Blank). If a petition to recall the Governor has been
17filed with the State Board of Elections, a person eligible to
18serve as Governor may propose his or her candidacy by a
19petition signed by a number of electors equal in number to the
20requirement for petitions for an established party candidate
21for the office of Governor, signed by petitioning electors not
22more than 50 days after a recall petition has been filed with
23the State Board of Elections. The form of a successor election
24petition, circulation, and procedure for determining the
25validity and sufficiency of a petition shall be as provided by
26law. If the successor election petition is valid and

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1sufficient, the State Board of Elections shall certify the
2petition not more than 100 days after the date the petition to
3recall the Governor was filed. Names of candidates for
4nomination to serve as the candidate of an established
5political party must be submitted to the electors at a special
6primary election, if necessary, called by the State Board of
7Elections to be held at the same time as the special election
8on the question of recall established under subsection (b).
9Names of candidates for the successor election must be
10submitted to the electors at a special successor election
11called by the State Board of Elections, to occur not more than
1260 days after the date of the special primary election or on a
13date established by law.
14 (d) The Executive Branch officer Governor is immediately
15removed upon certification of the recall election results if a
16three-fifths majority of the electors voting on the question
17vote to recall the Executive Branch officer Governor. If the
18Executive Branch officer Governor is removed, the vacancy
19shall be filled as provided in Article V then (i) an Acting
20Governor determined under subsection (a) of Section 6 of
21Article V shall serve until the Governor elected at the
22special successor election is qualified and (ii) the candidate
23who receives the highest number of votes in the special
24successor election is elected Governor for the balance of the
25term.
26 (e) An Executive Branch officer recalled under this

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1Section 7 is ineligible to serve again in the office in which
2he or she was recalled for 10 years following certification of
3the recall election.
4(Source: Amendment adopted at general election November 2,
52010.)
6 (ILCON Art. III, Sec. 9 new)
7SECTION 9. INITIATIVE TO RECALL LEGISLATIVE LEADERS AND
8AUDITOR GENERAL
9 (a) To initiate the recall of the Speaker of the House of
10Representatives, the President of the Senate, or the Auditor
11General, a petitioning elector shall file an affidavit with
12the State Board of Elections providing notice to circulate a
13petition to recall the Speaker of the House of
14Representatives, the President of the Senate, or the Auditor
15General. The affidavit shall include: (1) a general statement
16of not more than 200 words enumerating the individual whose
17recall is sought and providing the grounds for which recall is
18sought; (2) a petition signed by a number of electors equal in
19number to at least 0.1% of the total votes cast for Governor in
20the preceding gubernatorial election; and (3) the signature of
21the petitioning elector. Upon acceptance of the petitioning
22elector's affidavit by the State Board of Elections, the
23recall of the Speaker of the House of Representatives, the
24President of the Senate, or the Auditor General may be
25proposed by a petition signed by a number of electors equal in

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1number to at least 12% of the total votes cast for Governor in
2the preceding gubernatorial election. A petition shall have
3been signed by the petitioning electors not more than 90 days
4after an affidavit has been filed with the State Board of
5Elections providing notice of intent to circulate a petition
6to recall the Speaker of the House of Representatives, the
7President of the Senate, or the Auditor General. The affidavit
8may be filed no sooner than 6 months after the beginning of the
9Speaker's, the President's, or the Auditor General's term of
10office. If the State Board of Elections determines the
11petition is valid, the officer whose recall is sought may file
12a response of not more than 200 words with the State Board of
13Elections. The petitioning elector's general statement and the
14officer's response shall appear on the recall ballot.
15 (b) The form of the affidavit, petition, circulation, and
16procedure for determining the validity and sufficiency of a
17petition shall be as provided by law. If the petition is valid
18and sufficient, the State Board of Elections shall certify the
19petition not more than 100 days after the date the petition was
20filed, and the question "Shall (name) be recalled from the
21office of (office)?" must be submitted to the electors at a
22special election called by the State Board of Elections, to
23occur not more than 90 days after certification of the
24petition. Any recall petition or recall election pending on
25the date of the next general election at which a candidate for
26office for which recall is sought is elected is moot.

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1 (c) The Speaker of the House of Representatives, the
2President of the Senate, or the Auditor General is immediately
3removed upon certification of the recall election results if a
4three-fifths majority of the electors voting on the question
5vote to recall the officer. If the Speaker of the House of
6Representatives, the President of the Senate, or the Auditor
7General is removed, the vacancy shall be filled as provided by
8rule of the appropriate chamber or by law.
9 (d) A Speaker of the House of Representatives, a President
10of the Senate, or an Auditor General recalled under this
11Section 9 is ineligible to serve again in the office in which
12he or she was recalled for 10 years following certification of
13the recall election.
14 (e) The procedure and manner of recalling the Speaker of
15the House of Representatives, the President of the Senate, or
16the Auditor General shall be in addition to and not excluding
17any other method of removing an elected official as provided
18by law.
19 (ILCON Art. III, Sec. 10 new)
20SECTION 10. INITIATIVE TO RECALL MEMBERS OF THE GENERAL
21ASSEMBLY
22 (a) The recall of a member of the General Assembly may be
23proposed by a petition signed by a number of electors equal in
24number to at least 12% of the total votes cast for Governor in
25the preceding gubernatorial election in the Legislative

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1District or Representative District in which the member of the
2General Assembly represents. A petition shall have been signed
3by the petitioning electors not more than 90 days after an
4affidavit has been filed with the State Board of Elections
5providing notice of intent to circulate a petition to recall
6the member. The petition shall include the signature of the
7petitioning elector and a general statement of not more than
8200 words enumerating the individual whose recall is sought
9and providing the grounds for which recall is sought. The
10affidavit may be filed no sooner than 6 months after the
11beginning of the member's term of office. If the State Board of
12Elections determines the petition is valid, the member whose
13recall is sought may file a response of not more than 200 words
14with the State Board of Elections. The petitioning elector's
15general statement and the member's response shall appear on
16the recall ballot.
17 (b) The form of the affidavit, petition, circulation, and
18procedure for determining the validity and sufficiency of a
19petition shall be as provided by law. If the petition is valid
20and sufficient, the State Board of Elections shall certify the
21petition not more than 100 days after the date the petition was
22filed, and the question "Shall (name) be recalled from the
23office of (office)?" must be submitted to the electors at a
24special election called by the State Board of Elections, to
25occur not more than 90 days after certification of the
26petition. Any recall petition or recall election pending on

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1the date of the next general election at which a member of the
2General Assembly for which recall is sought is elected is
3moot.
4 (c) The member of the General Assembly is immediately
5removed upon certification of the recall election results if a
6three-fifths majority of the electors voting on the question
7vote to recall the member. If the member is removed, the
8vacancy shall be filled as provided by Section 2 of Article IV.
9 (d) A member of the General Assembly recalled under this
10Section 10 is ineligible to serve in public office (or
11specified non-elected office) for 10 years following
12certification of the recall election.
13 (e) The procedure and manner of recalling a member of the
14General Assembly shall be in addition to and not excluding any
15other method of removing an elected official as provided by
16law.
17 (ILCON Art. III, Sec. 11 new)
18SECTION 11. INITIATIVE TO RECALL LOCAL GOVERNMENT OFFICIALS
19 (a) The recall of a local government official may be
20proposed by a petition signed by a number of electors equal to
21a percentage of the total votes cast for Governor in the
22preceding gubernatorial election as determined by the
23population of the unit of local government in which the local
24government official represents: for a jurisdiction of not more
25than 1,000 qualified electors, 30%; for a jurisdiction of more

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1than 1,000 qualified electors but not more than 10,000
2qualified electors, 25%; for a jurisdiction of more than
310,000 qualified electors but not more than 50,000 qualified
4electors, 20%; for a jurisdiction of more than 50,000
5qualified electors but not more than 100,000 qualified
6electors, 15%; for a jurisdiction of more than 100,000
7qualified voters, 10%. A petition shall have been signed by
8the petitioning electors not more than 90 days after an
9affidavit has been filed with the State Board of Elections
10providing notice of intent to circulate a petition to recall
11the local government official. The petition shall include the
12signature of the petitioning elector and a general statement
13of not more than 200 words enumerating the individual whose
14recall is sought and providing the grounds for which recall is
15sought. The affidavit may be filed no sooner than 6 months
16after the beginning of the local government official's term of
17office. If the State Board of Elections determines the
18petition is valid, the local government official whose recall
19is sought may file a response of not more than 200 words with
20the State Board of Elections. The petitioning elector's
21general statement and the local government official's response
22shall appear on the recall ballot.
23 (b) A body of local government officials must be recalled
24individually.
25 (c) The form of the affidavit, petition, circulation, and
26procedure for determining the validity and sufficiency of a

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1petition shall be as provided by law. If the petition is valid
2and sufficient, the State Board of Elections shall certify the
3petition not more than 100 days after the date the petition was
4filed, and the following question must be submitted to the
5electors at a special election called by the State Board of
6Elections, to occur not more than 90 days after certification
7of the petition:
8 "Should (elected official) be recalled from (his or her)
9 position(s) as (title of position)? (YES/NO)
10 If (elected official) is recalled, who do you support to
11 replace (him or her)?
12 (Elected official).
13 (Candidate).
14 (Candidate)."
15 Any recall petition or recall election pending on the
16date of the next general election at which a local government
17official for which recall is sought is elected is moot.
18 (d) The local government official is immediately removed
19upon certification of the recall election results if a
20three-fifths majority of the electors voting on the question
21vote to recall the local government official. If the local
22government official is removed, the vacancy shall be filled as
23provided by law.
24 (e) A local government official recalled under this
25Section 11 is ineligible to serve in public office (or
26specified non-elected office) for 10 years following

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1certification of the recall election.
2 (f) The procedure and manner of recalling a local
3government official shall be in addition to and not excluding
4any other method of removing an elected official as provided
5by law.
6
SCHEDULE
7 This Constitutional Amendment takes effect upon being
8declared adopted in accordance with Section 7 of the Illinois
9Constitutional Amendment Act.
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