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Full Text of HJRCA0031  96th General Assembly

HC0031sam001 96TH GENERAL ASSEMBLY

 


 
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1
AMENDMENT TO HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT 31

3     AMENDMENT NO. ___. Amend House Joint Resolution
4 Constitutional Amendment 31 by replacing line 3 on page 1
5 through line 5 on page 4 with the following:
 
6     "RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
7 NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
8 SENATE 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 amend Article III of the
12 Illinois Constitution by adding Section 7 as follows:
 
13
ARTICLE III
14
SUFFRAGE AND ELECTIONS

15       (ILCON Art. III, Sec. 7 new)

 

 

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1 SECTION 7. INITIATIVE TO RECALL GOVERNOR OR COOK COUNTY BOARD
2 PRESIDENT
3     (a) The recall of the Governor may be proposed by a
4 petition signed by a number of electors equal to at least 15%
5 of the total votes cast for Governor in the preceding
6 gubernatorial election, with at least 100 signatures from each
7 of at least 25 separate counties. The recall of the President
8 of the Cook County Board of Commissioners may be proposed by a
9 petition signed by a number of Cook County electors equal to at
10 least 15% of the total votes cast for Cook County Board
11 President in the preceding election for Cook County Board
12 President. A petition shall have been signed by the petitioning
13 electors not more than 150 days after an affidavit has been
14 filed with the State Board of Elections providing notice of
15 intent to circulate a recall petition. The affidavit may be
16 filed no sooner than 6 months after the beginning of the term
17 of office of the officer whose recall is sought. The affidavit
18 with respect to recall of the Governor shall have been signed
19 by the proponent of the recall petition, at least 20 members of
20 the House of Representatives, and at least 10 members of the
21 Senate, with no more than half of the signatures of members of
22 each chamber from the same established political party. The
23 affidavit with respect to recall of the Cook County Board
24 President shall have been signed by the proponents of the
25 recall petition.
26     (b) The form of the petition, circulation, and procedure

 

 

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

 

 

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1 sufficiency of a petition shall be as provided by law. If the
2 successor election petition is valid and sufficient, the State
3 Board of Elections shall certify the petition not more than 100
4 days after the date the petition to recall that officer was
5 filed. Names of candidates for nomination to serve as the
6 candidate of an established political party must be submitted
7 to the electors at a special primary election, if necessary,
8 called by the State Board of Elections to be held at the same
9 time as the special election on the question of recall of that
10 officer established under subsection (b). Names of candidates
11 for the successor election must be submitted to the electors at
12 a special successor election called by the State Board of
13 Elections, to occur not more than 60 days after the date of the
14 special primary election or on a date established by law.
15     (d) The person subject to the recall is immediately removed
16 upon certification of the recall election results if a majority
17 of the electors voting on the question vote to recall the
18 officer. If the Governor is removed, then (i) an Acting
19 Governor determined under subsection (a) of Section 6 of
20 Article V shall serve until the Governor elected at the special
21 successor election is qualified and (ii) the candidate who
22 receives the highest number of votes in the special successor
23 election is elected Governor for the balance of the term. If
24 the Cook County Board President is removed, then (i) an Acting
25 President appointed by majority vote of the Cook County Board
26 of Commissioners from among its members shall serve until the

 

 

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1 President elected at the special successor election is
2 qualified and (ii) the candidate who receives the highest
3 number of votes in the special successor election is elected
4 Cook County Board President for the balance of the term.
 
5
SCHEDULE
6     This Constitutional Amendment takes effect upon being
7 declared adopted in accordance with Section 7 of the Illinois
8 Constitutional Amendment Act.".