SC0022 99TH GENERAL ASSEMBLY

LRB099 16471 MGM 40806 e

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0022

Introduced 1/15/2016, by Sen. Napoleon Harris, III

SYNOPSIS AS INTRODUCED:

ILCON Art. III, Sec. 9 new

ILCON Art. III, Sec. 10 new

ILCON Art. IV, Sec. 2

ILCON Art. V, Sec. 7

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. Proposes to amend the Legislative and Executive Articles of the Illinois Constitution making conforming changes. Effective upon being declared adopted.

SENATE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE SENATE OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 2 of Article IV and Section 7 of Article V of the Illinois Constitution and to add Sections 9 and 10 to Article III of the Illinois Constitution as follows:

ARTICLE III

SUFFRAGE AND ELECTIONS

(ILCON Art. III, Sec. 9 new) SECTION 9. INITIATIVE TO RECALL EXECUTIVE BRANCH OFFICERS OTHER THAN THE GOVERNOR

(a) The recall of an executive branch officer other than the Governor may be proposed by a petition signed by a number of electors equal in number to at least 15% of the total votes cast for Governor in the preceding gubernatorial election, with at least 100 signatures from each of at least 25 separate counties. A petition shall have been signed by the petitioning electors not more than 150 days after an affidavit has been filed with the State Board of Elections providing notice of intent to circulate a petition to recall the Governor. The affidavit may be filed no sooner than 6 months after the beginning of the executive branch officer's term of office. The affidavit shall have been signed by the proponent of the recall petition, at least 20 members of the House of Representatives, and at least 10 members of the Senate, with no more than half of the signatures of members of each chamber from the same established political party.

(b) The form of the petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition was filed, and the question "Shall (name) be recalled from the office of (executive branch office)?" must be submitted to the electors at a special election called by the State Board of Elections, to occur not more than 100 days after certification of the petition. A recall petition certified by the State Board of Elections may not be withdrawn and another recall petition may not be initiated against an executive branch officer during the remainder of the current term of office. Any recall petition or recall election pending on the date of the next general election at which a candidate for that executive branch officer is elected is moot.

(c) If a petition to recall an executive branch officer has been filed with the State Board of Elections, a person eligible to serve as an executive branch officer may propose his or her candidacy by a petition signed by a number of electors equal in number to the requirement for petitions for an established party candidate for the executive branch office, signed by petitioning electors not more than 50 days after a recall petition has been filed with the State Board of Elections. The form of a successor election petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the successor election petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition to recall the executive branch officer was filed. Names of candidates for nomination to serve as the candidate of an established political party must be submitted to the electors at a special primary election, if necessary, called by the State Board of Elections to be held at the same time as the special election on the question of recall established under subsection (b). Names of candidates for the successor election must be submitted to the electors at a special successor election called by the State Board of Elections, to occur not more than 60 days after the date of the special primary election or on a date established by law.

(d) The executive branch officer is immediately removed upon certification of the recall election results if a majority of the electors voting on the question vote to recall the executive branch officer. If the executive branch officer is removed, then the Governor shall temporarily appoint a qualified individual to the vacant executive branch office until the executive branch officer elected at the special successor election is qualified and (ii) the candidate who receives the highest number of votes in the special successor election is elected executive branch officer for the balance of the term.

(ILCON Art. III, Sec. 10 new) SECTION 10. INITIATIVE TO RECALL A MEMBER OF THE GENERAL ASSEMBLY

(a) The recall of a member of the General Assembly may be proposed by a petition signed by electors of the district that elected the member equal in number to at least 15% of the total votes cast for Governor in the preceding gubernatorial election in that Legislative or Representative District. A petition shall have been signed by the petitioning electors not more than 150 days after an affidavit has been filed with the State Board of Elections providing notice of intent to circulate a petition to recall the member of the General Assembly. The affidavit may be filed no sooner than 6 months after the beginning of the member's term of office. The affidavit shall have been signed by the proponent of the recall petition, at least 20 members of the House of Representatives if the member for which recall is sought is a member of the House of Representatives, and at least 10 members of the Senate if the member for which recall is sought is a member of the Senate, with no more than half of the signatures of members from the same established political party.

(b) The form of the petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition was filed, and the question "Shall (name) be recalled from the office of (House or Senate)?" must be submitted to the electors at a special election called by the State Board of Elections, to occur not more than 100 days after certification of the petition. A recall petition certified by the State Board of Elections may not be withdrawn and another recall petition may not be initiated against a member of the General Assembly officer during the remainder of the current term of office. Any recall petition or recall election pending on the date of the next general election at which a candidate for that member of the General Assembly is elected is moot.

(c) If a petition to recall a member of the General Assembly has been filed with the State Board of Elections, a person eligible to serve as a member of the General Assembly may propose his or her candidacy by a petition signed by a number of electors equal in number to the requirement for petitions for an established party candidate for the General Assembly, signed by petitioning electors not more than 50 days after a recall petition has been filed with the State Board of Elections. The form of a successor election petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the successor election petition is valid and sufficient, the State Board of Elections shall certify the petition not more than 100 days after the date the petition to recall the member of the General Assembly was filed. Names of candidates for nomination to serve as the candidate of an established political party must be submitted to the electors at a special primary election, if necessary, called by the State Board of Elections to be held at the same time as the special election on the question of recall established under subsection (b). Names of candidates for the successor election must be submitted to the electors at a special successor election called by the State Board of Elections, to occur not more than 60 days after the date of the special primary election or on a date established by law.

(d) The member of the General Assembly is immediately removed upon certification of the recall election results if a majority of the electors voting on the question vote to recall the member of the General Assembly. If the member of the General Assembly is removed, then the office shall remain vacant until the member of the General Assembly elected at the special successor election is qualified and (ii) the candidate who receives the highest number of votes in the special successor election is elected as a member of the General Assembly for the balance of the term.

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 2)

SECTION 2. LEGISLATIVE COMPOSITION

(a) One Senator shall be elected from each Legislative District. Immediately following each decennial redistricting, the General Assembly by law shall divide the Legislative Districts as equally as possible into three groups. Senators from one group shall be elected for terms of four years, four years and two years; Senators from the second group, for terms of four years, two years and four years; and Senators from the third group, for terms of two years, four years and four years. The Legislative Districts in each group shall be distributed substantially equally over the State.

(b) Each Legislative District shall be divided into two Representative Districts. In 1982 and every two years thereafter one Representative shall be elected from each Representative District for a term of two years.

(c) To be eligible to serve as a member of the General Assembly, a person must be a United States citizen, at least 21 years old, and for the two years preceding his election or appointment a resident of the district which he is to represent. In the general election following a redistricting, a candidate for the General Assembly may be elected from any district which contains a part of the district in which he resided at the time of the redistricting and reelected if a resident of the new district he represents for 18 months prior to reelection.

(d) Except in the case of a recall under Section 10 of Article III, within Within thirty days after a vacancy occurs, it shall be filled by appointment as provided by law. If the vacancy is in a Senatorial office with more than twenty-eight months remaining in the term, the appointed Senator shall serve until the next general election, at which time a Senator shall be elected to serve for the remainder of the term. If the vacancy is in a Representative office or in any other Senatorial office, the appointment shall be for the remainder of the term. An appointee to fill a vacancy shall be a member of the same political party as the person he succeeds.

(e) No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly.

No member of the General Assembly during the term for which he was elected or appointed shall be appointed to a public office which shall have been created or the compensation for which shall have been increased by the General Assembly during that term.

(Source: Amendment adopted at general election November 4, 1980.)

ARTICLE V

THE EXECUTIVE

(ILCON Art. V, Sec. 7)

SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES

If the Attorney General, Secretary of State, Comptroller or Treasurer fails to qualify or if his office becomes vacant, the Governor shall fill the office by appointment. Except in the case of a recall under Section 9 of Article III, the The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law and shall not be subject to removal by the Governor. If the Lieutenant Governor fails to qualify or if his office becomes vacant, it shall remain vacant until the end of the term.

(Source: Illinois Constitution.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.