HC0031sam001 96TH GENERAL ASSEMBLY

HC0031SAM001 LRB096 13119 JAM 27771 a

AMENDMENT TO HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT 31

AMENDMENT NO. ___. Amend House Joint Resolution Constitutional Amendment 31 by replacing line 3 on page 1 through line 5 on page 4 with the following:

"RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE 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 Article III of the Illinois Constitution by adding Section 7 as follows:

ARTICLE III

SUFFRAGE AND ELECTIONS

(ILCON Art. III, Sec. 7 new) SECTION 7. INITIATIVE TO RECALL GOVERNOR OR COOK COUNTY BOARD PRESIDENT

(a) The recall of the Governor may be proposed by a petition signed by a number of electors equal 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. The recall of the President of the Cook County Board of Commissioners may be proposed by a petition signed by a number of Cook County electors equal to at least 15% of the total votes cast for Cook County Board President in the preceding election for Cook County Board President. 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 recall petition. The affidavit may be filed no sooner than 6 months after the beginning of the term of office of the officer whose recall is sought. The affidavit with respect to recall of the Governor 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. The affidavit with respect to recall of the Cook County Board President shall have been signed by the proponents of the recall petition.

(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 a 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 (name of office)?" must be submitted to the electors of the State, in the case of the Governor, or of Cook County, in the case of the Cook County Board President, 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 that officer during the remainder of the current term of office of that officer. Any recall petition or recall election pending on the date of the next general election at which a candidate for the office subject to recall is elected is moot.

(c) If a recall petition has been filed with the State Board of Elections, a person eligible to serve in the office subject to recall 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 that 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 that 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 of that officer 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 person subject to the recall is immediately removed upon certification of the recall election results if a majority of the electors voting on the question vote to recall the officer. If the Governor is removed, then (i) an Acting Governor determined under subsection (a) of Section 6 of Article V shall serve until the Governor 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 Governor for the balance of the term. If the Cook County Board President is removed, then (i) an Acting President appointed by majority vote of the Cook County Board of Commissioners from among its members shall serve until the President 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 Cook County Board President for the balance of the term.

SCHEDULE

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