Full Text of SJRCA0070 95th General Assembly
SC0070sam001 95TH GENERAL ASSEMBLY
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| AMENDMENT TO SENATE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT 70
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| AMENDMENT NO. ___. Amend Senate Joint Resolution | 4 |
| Constitutional Amendment 70 by replacing everything after the | 5 |
| title with the following:
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| "RESOLVED, BY THE SENATE OF THE NINETY-FIFTH GENERAL | 7 |
| ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | 8 |
| CONCURRING HEREIN, that there shall be submitted to the | 9 |
| electors of the State for adoption or rejection at the general | 10 |
| election next occurring at least 6 months after the adoption of | 11 |
| this resolution a proposition to add Section 7 to Article III | 12 |
| of the Illinois Constitution as follows: | 13 |
| (ILCON Art. III, Sec. 7 new)
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| SECTION 7. RECALL OF EXECUTIVE OFFICERS, MEMBERS OF THE GENERAL | 15 |
| ASSEMBLY, JUDGES, AND LOCAL OFFICERS | 16 |
| (a) Electors may petition for the recall of an executive |
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| branch officer as identified in Section 1 of Article V, a | 2 |
| member of the General Assembly, a Supreme, an Appellate, or a | 3 |
| Circuit Judge, or a salaried elected officer of a unit of local | 4 |
| government. If the recall petition is valid, on a separate | 5 |
| ballot the question "Shall (name of person) be recalled from | 6 |
| the office of (office)" must be submitted to the electors, | 7 |
| along with the names of any candidates certified for the | 8 |
| successor election, at a special election called by the State | 9 |
| Board of Elections or at a regularly scheduled election to | 10 |
| occur not more than 100 days after the date of certification of | 11 |
| the recall petition. The officer, member, or judge subject to | 12 |
| recall may be a candidate in the successor election. | 13 |
| (b) An executive branch officer, a member of the General | 14 |
| Assembly, a Supreme, an Appellate, or a Circuit Judge, or a | 15 |
| salaried elected officer of a unit of local government is | 16 |
| immediately removed upon certification of the recall election | 17 |
| results if a majority of the electors voting on the question | 18 |
| vote to recall the officer, member, or judge. If an officer, | 19 |
| member, or judge is recalled, the candidate who receives the | 20 |
| highest number of votes in the successor election is elected | 21 |
| successor for the balance of the term. Once a recall election | 22 |
| petition is certified, the petition may not be withdrawn and | 23 |
| another recall petition may not be initiated against that | 24 |
| officer, member, or judge during the remainder of his or her | 25 |
| current term of office. | 26 |
| (c) Any elector of the State, or the applicable Legislative |
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| or Representative District, Judicial District, Judicial | 2 |
| Circuit, or unit of local government, may file an affidavit | 3 |
| with the State Board of Elections providing notice of intent to | 4 |
| circulate a petition to recall an officer, member, or judge no | 5 |
| sooner than 6 months after the beginning of the officer's, | 6 |
| member's, or judge's current term of office. An affidavit must | 7 |
| be filed by an elector of the Legislative or Representative | 8 |
| District, Judicial District, Judicial Circuit, or unit of local | 9 |
| government for which the recall petition will be circulated. | 10 |
| The affidavit must identify the name of the officer, member, or | 11 |
| judge and the office to be recalled, the name and address of | 12 |
| the proponents of the recall petition, and the date of filing | 13 |
| with the State Board of Elections. An affidavit providing | 14 |
| notice of intent to circulate a petition to recall a Supreme, | 15 |
| an Appellate, or a Circuit Judge may not be filed unless the | 16 |
| Judicial Inquiry Board has filed a complaint against that Judge | 17 |
| under subsection (c) of Section 15 of Article VI. A recall | 18 |
| petition shall not be circulated prior to filing the affidavit, | 19 |
| and a recall petition must be filed with the State Board of | 20 |
| Elections no later than 160 days after filing the affidavit. | 21 |
| (d) A petition to recall an executive branch officer must | 22 |
| include signatures of electors of the State equal to at least | 23 |
| 12% of the total votes cast for the office in the election at | 24 |
| which the officer or member was elected, with signatures equal | 25 |
| to at least 1% of the vote for the office from at least 5 | 26 |
| separate counties. A petition to recall a Governor or |
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| Lieutenant Governor elected jointly under Section 4 of Article | 2 |
| V must include both officers. A petition to recall a member of | 3 |
| the General Assembly must be signed by electors of the | 4 |
| applicable Legislative District or Representative District | 5 |
| equal to at least 20% of the total votes cast for the office in | 6 |
| the election at which the member was elected. A petition to | 7 |
| recall a Supreme, an Appellate, or a Circuit Judge must be | 8 |
| signed by the electors of the applicable Judicial District or | 9 |
| Judicial Circuit equal to at least 20% of the total votes cast | 10 |
| for the office of Governor in the most recent election at which | 11 |
| the Governor was elected. A petition to recall a salaried | 12 |
| officer of a unit of local government must be signed by | 13 |
| electors of the unit of local government equal to at least 20% | 14 |
| of the total votes cast for the office in the election at which | 15 |
| the officer was elected.
The form, circulation, and manner of | 16 |
| filing a recall petition shall comply with the requirements | 17 |
| provided by law for a statewide advisory public question, | 18 |
| except the deadlines set forth in this Section. | 19 |
| (e) A recall petition is valid unless an objection is made | 20 |
| within 45 days after the date the petition is filed, and an | 21 |
| objection to the recall petition may be made in the same manner | 22 |
| as to a candidate for the office subject to recall. The State | 23 |
| Board of Elections shall certify the recall petition not more | 24 |
| than 105 days after the date the recall petition is filed. Any | 25 |
| recall petition or election pending on the date of the next | 26 |
| general election at which a candidate for the office subject to |
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| recall is elected is moot. | 2 |
| (f) If a recall election is initiated, the name of no | 3 |
| successor candidate may appear on the ballot unless a | 4 |
| nominating petition has been filed with the State Board of | 5 |
| Elections no more than 40 days after filing of the recall | 6 |
| petition. The nominating petition of an established party | 7 |
| candidate must contain the same number of signatures and be | 8 |
| circulated in the same manner as an established party candidate | 9 |
| for nomination to the office subject to recall, except the | 10 |
| petition must be circulated no more than 40 days prior to the | 11 |
| last day for filing nomination petitions. The nominating | 12 |
| petition of an independent or new party candidate must contain | 13 |
| the same number of signatures and be circulated in the same | 14 |
| manner as an independent or new party candidate, respectively, | 15 |
| for election to the office subject to recall, except the | 16 |
| petition must be circulated no more than 40 days prior to the | 17 |
| last day for filing nomination petitions. A nominating petition | 18 |
| may be objected to in the same manner as a candidate for the | 19 |
| office subject to recall, unless otherwise provided by law. The | 20 |
| State Board of Elections shall certify a valid nominating | 21 |
| petition not more than 105 days after the date the recall | 22 |
| petition is filed. | 23 |
| (g) An election to determine whether to recall an executive | 24 |
| officer, a member of the General Assembly, a Supreme, an | 25 |
| Appellate, a Circuit Judge, or an officer of a unit of local | 26 |
| government and to elect a successor shall be proclaimed by the |
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| State Board of Elections and held not less than 60 days and no | 2 |
| more than 100 days after the date of certification of the | 3 |
| recall petition. | 4 |
| (h) The provisions of this Section are self-executing and | 5 |
| judicially enforceable.
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| SCHEDULE | 7 |
| The State Board of Elections shall proceed, as soon as all | 8 |
| the returns are received but no later than 31 days after the | 9 |
| election, to canvass the votes given for and against this | 10 |
| Constitutional Amendment, as shown by the abstracts of votes | 11 |
| cast. If this Constitutional Amendment is approved by either | 12 |
| three-fifths of those voting on the question or a majority of | 13 |
| those voting in the election, then the State Board of Elections | 14 |
| shall declare the adoption of this Constitutional Amendment and | 15 |
| it shall, upon declaration of its adoption, take effect and | 16 |
| become a part of the Constitution of this State. This Schedule | 17 |
| supersedes and applies notwithstanding any statute to the | 18 |
| contrary, and no other requirements, including without | 19 |
| limitation proclamation of the results of the vote or notice by | 20 |
| publication, are necessary for its effectiveness.". |
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