Bill Text: IL HJRCA0022 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Sets out a procedure for the recall of all State Executive Branch officers (rather than only the Governor), legislative leaders, the Auditor General, members of the General Assembly, and local government officials. Makes changes to the procedures for the recall of the Governor. Effective upon being declared adopted.

Spectrum: Partisan Bill (Republican 36-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HJRCA0022 Detail]

Download: Illinois-2023-HJRCA0022-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0022 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
ILCON Art. III, Sec. 7
ILCON Art. III, Sec. 9 new
ILCON Art. III, Sec. 10 new
ILCON Art. III, Sec. 11 new
Proposes to amend the Suffrage and Elections Article of the Illinois Constitution. Sets out a procedure for the recall of all State Executive Branch officers (rather than only the Governor), legislative leaders, the Auditor General, members of the General Assembly, and local government officials. Makes changes to the procedures for the recall of the Governor. Effective upon being declared adopted.
LRB103 43641 SPS 76987 e
HC0022 LRB103 43641 SPS 76987 e
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
HUNDRED THIRD 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 Section 7 of Article
III of the Illinois Constitution and to add Sections 9, 10, and
11 of Article III as follows:
ARTICLE III
SUFFRAGE AND ELECTIONS
(ILCON Art. III, Sec. 7)
SECTION 7. INITIATIVE TO RECALL EXECUTIVE OFFICERS GOVERNOR
(a) To initiate the recall of any Executive Branch officer
named in Section 1 of Article V, a petitioning elector shall
file an affidavit with the State Board of Elections providing
notice to circulate a petition to recall an Executive Branch
officer. The affidavit shall include: (1) a general statement
of not more than 200 words enumerating the individual whose
recall is sought and providing the grounds for which recall is
sought; (2) a petition signed by a number of electors equal in
number to at least 0.1% of the total votes cast for Governor in

HC0022 - 2 - LRB103 43641 SPS 76987 e
the preceding gubernatorial election; and (3) the signature of
the petitioning elector. Upon acceptance of the petitioning
elector's affidavit by the State Board of Elections, the The
recall of any Executive Branch officer the Governor may be
proposed by a petition signed by a number of electors equal in
number to at least 12% 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 90 150 days after an affidavit has been filed
with the State Board of Elections providing notice of intent
to circulate a petition to recall an Executive Branch officer
the Governor. The affidavit may be filed no sooner than 6
months after the beginning of the Executive Branch officer's
Governor's term of office. If the State Board of Elections
determines the petition is valid, the Executive Branch officer
whose recall is sought may file a response of not more than 200
words with the State Board of Elections. The petitioning
elector's general statement and the Executive Branch officer's
response shall appear on the recall ballot. 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 affidavit, petition, circulation, and

HC0022 - 3 - LRB103 43641 SPS 76987 e
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 (office) Governor?" must be submitted to the
electors at the next general election 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 the Governor 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
an Executive branch office for which recall is sought Governor
is elected is moot.
(c) (Blank). If a petition to recall the Governor has been
filed with the State Board of Elections, a person eligible to
serve as Governor 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 office of Governor, 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

HC0022 - 4 - LRB103 43641 SPS 76987 e
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 Governor 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 Governor is immediately
removed upon certification of the recall election results if a
three-fifths majority of the electors voting on the question
vote to recall the Executive Branch officer Governor. If the
Executive Branch officer Governor is removed, the vacancy
shall be filled as provided in Article V 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.

HC0022 - 5 - LRB103 43641 SPS 76987 e
(e) An Executive Branch officer recalled under this
Section 7 is ineligible to serve again in the office in which
he or she was recalled for 10 years following certification of
the recall election.
(Source: Amendment adopted at general election November 2,
2010.)
(ILCON Art. III, Sec. 9 new)
SECTION 9. INITIATIVE TO RECALL LEGISLATIVE LEADERS AND
AUDITOR GENERAL
(a) To initiate the recall of the Speaker of the House of
Representatives, the President of the Senate, or the Auditor
General, a petitioning elector shall file an affidavit with
the State Board of Elections providing notice to circulate a
petition to recall the Speaker of the House of
Representatives, the President of the Senate, or the Auditor
General. The affidavit shall include: (1) a general statement
of not more than 200 words enumerating the individual whose
recall is sought and providing the grounds for which recall is
sought; (2) a petition signed by a number of electors equal in
number to at least 0.1% of the total votes cast for Governor in
the preceding gubernatorial election; and (3) the signature of
the petitioning elector. Upon acceptance of the petitioning
elector's affidavit by the State Board of Elections, the
recall of the Speaker of the House of Representatives, the
President of the Senate, or the Auditor General may be

HC0022 - 6 - LRB103 43641 SPS 76987 e
proposed by a petition signed by a number of electors equal in
number to at least 12% of the total votes cast for Governor in
the preceding gubernatorial election. A petition shall have
been signed by the petitioning electors not more than 90 days
after an affidavit has been filed with the State Board of
Elections providing notice of intent to circulate a petition
to recall the Speaker of the House of Representatives, the
President of the Senate, or the Auditor General. The affidavit
may be filed no sooner than 6 months after the beginning of the
Speaker's, the President's, or the Auditor General's term of
office. If the State Board of Elections determines the
petition is valid, the officer whose recall is sought may file
a response of not more than 200 words with the State Board of
Elections. The petitioning elector's general statement and the
officer's response shall appear on the recall ballot.
(b) The form of the affidavit, 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 (office)?" must be submitted to the electors at the
next general election after certification of the petition.
(c) The Speaker of the House of Representatives, the
President of the Senate, or the Auditor General is immediately
removed upon certification of the recall election results if a

HC0022 - 7 - LRB103 43641 SPS 76987 e
three-fifths majority of the electors voting on the question
vote to recall the officer. If the Speaker of the House of
Representatives, the President of the Senate, or the Auditor
General is removed, the vacancy shall be filled as provided by
rule of the appropriate chamber or by law. The removal of the
Speaker of the House of Representatives or the President of
the Senate does not remove from the General Assembly the
Representative or Senator who held that position.
(d) A Speaker of the House of Representatives, a President
of the Senate, or an Auditor General recalled under this
Section 9 is ineligible to serve again in the office in which
he or she was recalled for 10 years following certification of
the recall election.
(e) The procedure and manner of recalling the Speaker of
the House of Representatives, the President of the Senate, or
the Auditor General shall be in addition to and not excluding
any other method of removing an elected official as provided
by law.
(ILCON Art. III, Sec. 10 new)
SECTION 10. INITIATIVE TO RECALL MEMBERS OF THE GENERAL
ASSEMBLY
(a) The recall of a member of the General Assembly may be
proposed by a petition signed by a number of electors equal in
number to at least 12% of the total votes cast for Governor in
the preceding gubernatorial election in the Legislative

HC0022 - 8 - LRB103 43641 SPS 76987 e
District or Representative District represented by the member
of the General Assembly. A petition shall have been signed by
the petitioning electors not more than 90 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. The petition shall include the signature of the
petitioning elector and a general statement of not more than
200 words enumerating the individual whose recall is sought
and providing the grounds for which recall is sought. The
affidavit may be filed no sooner than 6 months after the
beginning of the member's term of office. If the State Board of
Elections determines the petition is valid, the member whose
recall is sought may file a response of not more than 200 words
with the State Board of Elections. The petitioning elector's
general statement and the member's response shall appear on
the recall ballot.
(b) The form of the affidavit, 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 (office)?" must be submitted to the electors at the
next general election after certification of the petition.
(c) The member of the General Assembly is immediately
removed upon certification of the recall election results if a

HC0022 - 9 - LRB103 43641 SPS 76987 e
three-fifths majority of the electors voting on the question
vote to recall the member. If the member is removed, the
vacancy shall be filled as provided by Section 2 of Article IV.
(d) A member of the General Assembly recalled under this
Section 10 is ineligible to serve in public office (or
specified non-elected office) for 10 years following
certification of the recall election.
(e) The procedure and manner of recalling a member of the
General Assembly shall be in addition to and not excluding any
other method of removing an elected official as provided by
law.
(ILCON Art. III, Sec. 11 new)
SECTION 11. INITIATIVE TO RECALL LOCAL GOVERNMENT OFFICIALS
(a) The recall of a local government official may be
proposed by a petition signed by a number of electors equal to
a percentage of the total votes cast for Governor in the
preceding gubernatorial election as determined by the
population of the unit of local government that the local
government official represents: for a jurisdiction of not more
than 1,000 qualified electors, 30%; for a jurisdiction of more
than 1,000 qualified electors but not more than 10,000
qualified electors, 25%; for a jurisdiction of more than
10,000 qualified electors but not more than 50,000 qualified
electors, 20%; for a jurisdiction of more than 50,000
qualified electors but not more than 100,000 qualified

HC0022 - 10 - LRB103 43641 SPS 76987 e
electors, 15%; for a jurisdiction of more than 100,000
qualified electors, 10%. A petition shall have been signed by
the petitioning electors not more than 90 days after an
affidavit has been filed with the State Board of Elections
providing notice of intent to circulate a petition to recall
the local government official. The petition shall include the
signature of the petitioning elector and a general statement
of not more than 200 words enumerating the individual whose
recall is sought and providing the grounds for which recall is
sought. The affidavit may be filed no sooner than 6 months
after the beginning of the local government official's term of
office. If the State Board of Elections determines the
petition is valid, the local government official whose recall
is sought may file a response of not more than 200 words with
the State Board of Elections. The petitioning elector's
general statement and the local government official's response
shall appear on the recall ballot.
(b) The local government officials who serve on a public
body must be recalled individually.
(c) The form of the affidavit, 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 following question must be submitted to the
electors at the next general election or general consolidated

HC0022 - 11 - LRB103 43641 SPS 76987 e
election after certification of the petition:
"Should (elected official) be recalled from (his or her)
position(s) as (title of position)? (YES/NO)
If (elected official) is recalled, who do you support to
replace (him or her)?
(Elected official).
(Candidate).
(Candidate)."
(d) The local government official is immediately removed
upon certification of the recall election results if a
three-fifths majority of the electors voting on the question
vote to recall the local government official.
(e) Replacement candidates wishing to be listed on the
recall ballot shall be certified under the same procedures as
if the candidate was running for the applicable office in a
standard election, except the petition circulation and filing
of petitions shall only be between the time the intent to
recall is filed and 90 days before the election. Candidates
running to replace the recalled officeholder shall state
clearly on the candidate's petitions which officeholder they
are seeking to replace.
(f) There shall be no primary or runoff election after a
recall election. The top vote-getter or vote-getters in the
recall election shall replace the elected official or
officials who were recalled.
(g) The procedure to be certified to run in the recall

HC0022 - 12 - LRB103 43641 SPS 76987 e
election shall be the same as the procedure for being
nominated and certified in the standard election for the
office to be filled. Challenges to recall petitions shall
follow the same procedures as challenges to petitions under
the Election Code.
(h) If multiple officeholders from the same public office
or district are being recalled, each recall question must be
asked separately. All candidates running as replacements for
that office and the current officeholder shall be on the
ballot beneath the recall question.
(i) If the local government official is removed from a
unit of government over 1,000,000 persons, the vacancy shall
be filled as provided by law.
(j) A local government official recalled under this
Section is ineligible to serve in public office (or specified
non-elected office) for 10 years following certification of
the recall election.
(k) The procedure and manner of recalling a local
government official shall be in addition to and not excluding
any other method of removing an elected official as provided
by law.