Bill Text: IL SJRCA0013 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Establishes procedures for the recall of all State Executive Branch officers, members of the General Assembly, and local government officials. Currently, the Constitution only establishes procedures for the recall of the Governor. Effective upon being declared adopted.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-30 - Referred to Assignments [SJRCA0013 Detail]

Download: Illinois-2023-SJRCA0013-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0013

Introduced 3/30/2023, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:
ILCON Art. III, Sec. 7
ILCON Art. III, Sec. 9 new
ILCON Art. III, Sec. 10 new

Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Establishes procedures for the recall of all State Executive Branch officers, members of the General Assembly, and local government officials. Currently, the Constitution only establishes procedures for the recall of the Governor. Effective upon being declared adopted.
LRB103 26934 AWJ 53298 e

SC0013LRB103 26934 AWJ 53298 e
1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE SENATE OF THE ONE HUNDRED THIRD GENERAL
4ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF
5REPRESENTATIVES CONCURRING HEREIN, that there shall be
6submitted to the electors of the State for adoption or
7rejection at the general election next occurring at least 6
8months after the adoption of this resolution a proposition to
9amend Section 7 of Article III of the Illinois Constitution
10and to add Sections 9, 10, and 11 of Article III as follows:
11
ARTICLE III
12
SUFFRAGE AND ELECTIONS
13 (ILCON Art. III, Sec. 7)
14SECTION 7. INITIATIVE TO RECALL EXECUTIVE OFFICERS GOVERNOR
15 (a) To initiate the recall of any Executive Branch officer
16named in Section 1 of Article V, a petitioning elector shall
17file an affidavit with the State Board of Elections providing
18notice of intent to circulate a petition to recall an
19Executive Branch officer. The affidavit shall include: (1) a
20general statement of not more than 200 words naming the
21individual whose recall is sought and providing the grounds
22for which recall is sought; (2) a petition signed by a number
23of electors equal in number to at least 0.1% of the total votes

SC0013- 2 -LRB103 26934 AWJ 53298 e
1cast for Governor in the preceding gubernatorial election; and
2(3) the signature of the petitioning elector.
3 Upon acceptance of the petitioning elector's affidavit by
4the State Board of Elections, an additional The recall of the
5Governor may be proposed by a petition signed by a number of
6electors equal in number to at least 12% 15% of the total votes
7cast for Governor in the preceding gubernatorial election
8shall be completed. The , with at least 100 signatures from
9each of at least 25 separate counties. A petition shall have
10been signed by the petitioning electors not more than 90 150
11days after the an affidavit has been filed with the State Board
12of Elections providing notice of intent to circulate a
13petition to recall the Executive Branch officer the Governor.
14The affidavit may be filed no sooner than 6 months after the
15beginning of the Executive Branch officer's Governor's term of
16office. If the State Board of Elections determines the
17petition is valid, the Executive Branch officer whose recall
18is sought may file a response of not more than 200 words with
19the State Board of Elections. The petitioning elector's
20general statement and the Executive Branch officer's response
21shall appear on the recall ballot. The affidavit shall have
22been signed by the proponent of the recall petition, at least
2320 members of the House of Representatives, and at least 10
24members of the Senate, with no more than half of the signatures
25of members of each chamber from the same established political
26party.

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1 (b) The form of the affidavit, petitions, petition,
2circulation, and procedure for determining the validity and
3sufficiency of a petition shall be as provided by law. If the
4petition is valid and sufficient, the State Board of Elections
5shall certify the petition not more than 100 days after the
6date the petition was filed, and the question "Shall (name) be
7recalled from the office of (office name) Governor?" must be
8submitted to the electors at a special election called by the
9State Board of Elections, to occur not more than 90 100 days
10after certification of the petition. A recall petition
11certified by the State Board of Elections may not be withdrawn
12and another recall petition may not be initiated against the
13Governor during the remainder of the current term of office.
14Any recall petition or recall election pending on the date of
15the next general election at which a candidate for the
16Executive Branch office for which recall is sought Governor is
17elected is moot.
18 (c) If a petition to recall the Governor has been filed
19with the State Board of Elections, a person eligible to serve
20as Governor may propose his or her candidacy by a petition
21signed by a number of electors equal in number to the
22requirement for petitions for an established party candidate
23for the office of Governor, signed by petitioning electors not
24more than 50 days after a recall petition has been filed with
25the State Board of Elections. The form of a successor election
26petition, circulation, and procedure for determining the

SC0013- 4 -LRB103 26934 AWJ 53298 e
1validity and sufficiency of a petition shall be as provided by
2law. If the successor election petition is valid and
3sufficient, the State Board of Elections shall certify the
4petition not more than 100 days after the date the petition to
5recall the Governor was filed. Names of candidates for
6nomination to serve as the candidate of an established
7political party must be submitted to the electors at a special
8primary election, if necessary, called by the State Board of
9Elections to be held at the same time as the special election
10on the question of recall established under subsection (b).
11Names of candidates for the successor election must be
12submitted to the electors at a special successor election
13called by the State Board of Elections, to occur not more than
1460 days after the date of the special primary election or on a
15date established by law.
16 (c) (d) The Executive Branch officer Governor is
17immediately removed upon certification of the recall election
18results if a three-fifths majority of the electors voting on
19the question vote to recall the Executive Branch officer
20Governor. If the Executive Branch officer Governor is removed,
21the vacancy shall be filled as provided in Article V then (i)
22an Acting Governor determined under subsection (a) of Section
236 of Article V shall serve until the Governor elected at the
24special successor election is qualified and (ii) the candidate
25who receives the highest number of votes in the special
26successor election is elected Governor for the balance of the

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1term.
2 (d) An Executive Branch officer recalled under this
3Section is ineligible to serve in public office for 10 years
4following certification of the recall election.
5(Source: Amendment adopted at general election November 2,
62010.)
7 (ILCON Art. III, Sec. 9 new)
8SECTION 9. INITIATIVE TO RECALL MEMBERS OF THE GENERAL
9ASSEMBLY
10 (a) To initiate the recall of a member of the General
11Assembly, a petitioning elector shall file an affidavit with
12the State Board of Elections providing notice of intent to
13circulate a petition to recall the member. The affidavit shall
14include: (1) a general statement of not more than 200 words
15naming the individual whose recall is sought and providing the
16grounds for which recall is sought; (2) a petition signed by a
17number of electors equal in number to at least 0.1% of the
18total votes cast for Governor in the preceding gubernatorial
19election within the Legislative District or Representative
20District in which the member of the General Assembly
21represents; and (3) the signature of the petitioning elector.
22The affidavit may be filed no sooner than 6 months after the
23beginning of the member's term of office.
24 Upon acceptance of the petitioning elector's affidavit by
25the State Board of Elections, an additional petition signed by

SC0013- 6 -LRB103 26934 AWJ 53298 e
1a number of electors equal in number to at least 12% of the
2total votes cast for Governor in the preceding gubernatorial
3election in the Legislative District or Representative
4District in which the member of the General Assembly
5represents shall be completed. The petition shall have been
6signed by the petitioning electors not more than 90 days after
7the affidavit has been filed with the State Board of Elections
8providing notice of intent to circulate a petition to recall
9the member. If the State Board of Elections determines the
10petition is valid, the member whose recall is sought may file a
11response of not more than 200 words with the State Board of
12Elections. The petitioning elector's general statement and the
13member's response shall appear on the recall ballot.
14 (b) The form of the affidavit, petitions, circulation, and
15procedure for determining the validity and sufficiency of a
16petition shall be as provided by law. If the petition is valid
17and sufficient, the State Board of Elections shall certify the
18petition not more than 100 days after the date the petition was
19filed, and the question "Shall (name) be recalled from the
20office of (office name)?" must be submitted, to the electors
21of the Legislative District or Representative District
22represented by the member of the General Assembly, at a
23special election called by the State Board of Elections to
24occur not more than 90 days after certification of the
25petition. Any recall petition or recall election pending on
26the date of the next general election at which a member of the

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1General Assembly for which recall is sought is elected is
2moot.
3 (c) The member of the General Assembly is immediately
4removed upon certification of the recall election results if a
5three-fifths majority of the electors voting on the question
6vote to recall the member. If the member is removed, the
7vacancy shall be filled as provided by Section 2 of Article IV.
8 (d) A member of the General Assembly recalled under this
9Section is ineligible to serve in public office for 10 years
10following certification of the recall election.
11 (ILCON Art. III, Sec. 10 new)
12SECTION 10. INITIATIVE TO RECALL LOCAL GOVERNMENT OFFICIALS
13 (a) As used in this Section, "local government official"
14means an elected or appointed public official of a unit of
15local government, school district, or community college
16district.
17 (b) To initiate the recall of a local government official,
18a petitioning elector shall file an affidavit with the State
19Board of Elections providing notice of intent to circulate a
20petition to recall the official. The affidavit shall include:
21(1) a general statement of not more than 200 words naming the
22individual whose recall is sought and providing the grounds
23for which recall is sought; (2) a petition signed by a number
24of electors equal in number to at least 0.1% of the total votes
25cast for Governor in the preceding gubernatorial election

SC0013- 8 -LRB103 26934 AWJ 53298 e
1within the unit of local government, school district, or
2community college district in which the official represents;
3and (3) the signature of the petitioning elector. The
4affidavit may be filed no sooner than 6 months after the
5beginning of the local government official's term of office.
6 Upon acceptance of the petitioning elector's affidavit by
7the State Board of Elections, an additional petition signed by
8a number of electors equal to a percentage of the total votes
9cast for Governor in the preceding gubernatorial election as
10determined by the population of the unit of local government,
11school district, or community college district in which the
12local government official represents as follows: for a
13jurisdiction of not more than 1,000 qualified electors, 30%;
14for a jurisdiction of more than 1,000 qualified electors but
15not more than 10,000 qualified electors, 25%; for a
16jurisdiction of more than 10,000 qualified electors but not
17more than 50,000 qualified electors, 20%; for a jurisdiction
18of more than 50,000 qualified electors but not more than
19100,000 qualified electors, 15%; for a jurisdiction of more
20than 100,000 qualified voters, 10%. The petition shall have
21been signed by the petitioning electors not more than 90 days
22after the affidavit has been filed with the State Board of
23Elections providing notice of intent to circulate a petition
24to recall the local government official. If the State Board of
25Elections determines the petition is valid, the local
26government official whose recall is sought may file a response

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1of not more than 200 words with the State Board of Elections.
2The petitioning elector's general statement and the local
3government official's response shall appear on the recall
4ballot.
5 (c) The form of the affidavit, petitions, circulation, and
6procedure for determining the validity and sufficiency of a
7petition shall be as provided by law. If the petition is valid
8and sufficient, the State Board of Elections shall certify the
9petition not more than 100 days after the date the petition was
10filed, and the question must be submitted to the electors of
11the unit of local government, school district, or community
12college district at a special election called by the State
13Board of Elections, to occur not more than 90 days after
14certification of the petition in substantially the following
15form:
16
"Should (official's name) be recalled from the position of
17
(title of position)?
18
If (official's name) is recalled, which of the following
19
candidates should replace (official's name)?
20
(candidate or candidates to succeed the recalled official)."
21 Any recall petition or recall election pending on the date
22of the next general election at which a local government
23official for which recall is sought is elected is moot. The

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1form of the affidavit, petition, circulation, and procedure
2for candidates to replace the recalled official shall be
3provided by law.
4 (d) The local government official is immediately removed
5upon certification of the recall election results if a
6three-fifths majority of the electors voting on the question
7vote to recall the local government official. If the local
8government official is removed, the vacancy shall be filled as
9provided by law.
10 (e) A local government official recalled under this
11Section is ineligible to serve in public office for 10 years
12following certification of the recall election.
13
SCHEDULE
14 This Constitutional Amendment takes effect upon being
15declared adopted in accordance with Section 7 of the Illinois
16Constitutional Amendment Act.
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