Full Text of HJRCA0031 96th General Assembly
HC0031 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0031
Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
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ILCON Art. III, Sec. 7 new |
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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.
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A BILL FOR
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LRB096 13119 RCE 27503 e |
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| HOUSE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT
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| 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:
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| ARTICLE III
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| SUFFRAGE AND ELECTIONS
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| (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. |
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| 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 |
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LRB096 13119 RCE 27503 e |
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| 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 |
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| Governor for the balance of the term. | 2 |
| SCHEDULE | 3 |
| This Constitutional Amendment takes effect upon being | 4 |
| declared adopted in accordance with Section 7 of the Illinois | 5 |
| Constitutional Amendment Act.
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