|
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0031
Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED:
|
|
|
|
ILCON Art. III, Sec. 7 new |
|
Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Provides for the recall of the Governor by petition of the State's electors and for the election of a successor Governor. Effective upon being declared adopted.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
HC0031 |
|
LRB096 13119 RCE 27503 e |
|
|
| 1 |
| HOUSE JOINT RESOLUTION
|
| 2 |
| CONSTITUTIONAL AMENDMENT
|
| 3 |
| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE |
| 4 |
| NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE |
| 5 |
| SENATE CONCURRING HEREIN, that there shall be submitted to the |
| 6 |
| electors of the State for adoption or rejection at the general |
| 7 |
| election next occurring at least 6 months after the adoption of |
| 8 |
| this resolution a proposition to amend Article III of the |
| 9 |
| Illinois Constitution by adding Section 7 as follows:
|
| 10 |
| ARTICLE III
|
| 11 |
| SUFFRAGE AND ELECTIONS
|
| 12 |
| (ILCON Art. III, Sec. 7 new) |
| 13 |
| SECTION 7. INITIATIVE TO RECALL GOVERNOR |
| 14 |
| (a) The recall of the Governor may be proposed by a |
| 15 |
| petition signed by a number of electors equal in number to at |
| 16 |
| least 15% of the total votes cast for Governor in the preceding |
| 17 |
| gubernatorial election, with at least 100 signatures from each |
| 18 |
| of at least 25 separate counties. A petition shall have been |
| 19 |
| signed by the petitioning electors not more than 150 days after |
| 20 |
| an affidavit has been filed with the State Board of Elections |
| 21 |
| providing notice of intent to circulate a petition to recall |
| 22 |
| the Governor. The affidavit may be filed no sooner than 6 |
| 23 |
| months after the beginning of the Governor's term of office. |
|
|
|
HC0031 |
- 2 - |
LRB096 13119 RCE 27503 e |
|
|
| 1 |
| The affidavit shall have been signed by the proponent of the |
| 2 |
| recall petition, at least 20 members of the House of |
| 3 |
| Representatives, and at least 10 members of the Senate, with no |
| 4 |
| more than half of the signatures of members of each chamber |
| 5 |
| from the same established political party. |
| 6 |
| (b) The form of the petition, circulation, and procedure |
| 7 |
| for determining the validity and sufficiency of a petition |
| 8 |
| shall be as provided by law. If the petition is valid and |
| 9 |
| sufficient, the State Board of Elections shall certify the |
| 10 |
| petition not more than 100 days after the date the petition was |
| 11 |
| filed, and the question "Shall (name) be recalled from the |
| 12 |
| office of Governor?" must be submitted to the electors at a |
| 13 |
| special election called by the State Board of Elections, to |
| 14 |
| occur not more than 100 days after certification of the |
| 15 |
| petition. A recall petition certified by the State Board of |
| 16 |
| Elections may not be withdrawn and another recall petition may |
| 17 |
| not be initiated against the Governor during the remainder of |
| 18 |
| the current term of office. Any recall petition or recall |
| 19 |
| election pending on the date of the next general election at |
| 20 |
| which a candidate for Governor is elected is moot. |
| 21 |
| (c) If a petition to recall the Governor has been filed |
| 22 |
| with the State Board of Elections, a person eligible to serve |
| 23 |
| as Governor may propose his or her candidacy by a petition |
| 24 |
| signed by a number of electors equal in number to the |
| 25 |
| requirement for petitions for an established party candidate |
| 26 |
| for the office of Governor, signed by petitioning electors not |
|
|
|
HC0031 |
- 3 - |
LRB096 13119 RCE 27503 e |
|
|
| 1 |
| more than 50 days after a recall petition has been filed with |
| 2 |
| the State Board of Elections. The form of a successor election |
| 3 |
| petition, circulation, and procedure for determining the |
| 4 |
| validity and sufficiency of a petition shall be as provided by |
| 5 |
| law. If the successor election petition is valid and |
| 6 |
| sufficient, the State Board of Elections shall certify the |
| 7 |
| petition not more than 100 days after the date the petition to |
| 8 |
| recall the Governor was filed. Names of candidates for |
| 9 |
| nomination to serve as the candidate of an established |
| 10 |
| political party must be submitted to the electors at a special |
| 11 |
| primary election, if necessary, called by the State Board of |
| 12 |
| Elections to be held at the same time as the special election |
| 13 |
| on the question of recall established under subsection (b). |
| 14 |
| Names of candidates for the successor election must be |
| 15 |
| submitted to the electors at a special successor election |
| 16 |
| called by the State Board of Elections, to occur not more than |
| 17 |
| 60 days after the date of the special primary election or on a |
| 18 |
| date established by law. |
| 19 |
| (d) The Governor is immediately removed upon certification |
| 20 |
| of the recall election results if a majority of the electors |
| 21 |
| voting on the question vote to recall the Governor. If the |
| 22 |
| Governor is removed, then (i) an Acting Governor determined |
| 23 |
| under subsection (a) of Section 6 of Article V shall serve |
| 24 |
| until the Governor elected at the special successor election is |
| 25 |
| qualified and (ii) the candidate who receives the highest |
| 26 |
| number of votes in the special successor election is elected |