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

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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

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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
SC0013 LRB103 26934 AWJ 53298 e
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE SENATE OF THE ONE HUNDRED THIRD 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 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 of intent to circulate a petition to recall an
Executive Branch officer. The affidavit shall include: (1) a
general statement of not more than 200 words naming 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

SC0013 - 2 - LRB103 26934 AWJ 53298 e
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, an additional The recall of 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
shall be completed. The , 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 the an affidavit has been filed with the State Board
of Elections providing notice of intent to circulate a
petition to recall the 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.

SC0013 - 3 - LRB103 26934 AWJ 53298 e
(b) The form of the affidavit, petitions, 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 name) Governor?" must be
submitted to the electors at a special election called by the
State Board of Elections, to occur not more than 90 100 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 the
Executive Branch office for which recall is sought Governor is
elected is moot.
(c) 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

SC0013 - 4 - LRB103 26934 AWJ 53298 e
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 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.
(c) (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

SC0013 - 5 - LRB103 26934 AWJ 53298 e
term.
(d) An Executive Branch officer recalled under this
Section is ineligible to serve in public office 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 MEMBERS OF THE GENERAL
ASSEMBLY
(a) To initiate the recall of a member of the General
Assembly, a petitioning elector shall file an affidavit with
the State Board of Elections providing notice of intent to
circulate a petition to recall the member. The affidavit shall
include: (1) a general statement of not more than 200 words
naming 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 within the Legislative District or Representative
District in which the member of the General Assembly
represents; and (3) the signature of the petitioning elector.
The affidavit may be filed no sooner than 6 months after the
beginning of the member's term of office.
Upon acceptance of the petitioning elector's affidavit by
the State Board of Elections, an additional petition signed by

SC0013 - 6 - LRB103 26934 AWJ 53298 e
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 District or Representative
District in which the member of the General Assembly
represents shall be completed. The petition shall have been
signed by the petitioning electors not more than 90 days after
the affidavit has been filed with the State Board of Elections
providing notice of intent to circulate a petition to recall
the member. 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, petitions, 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 name)?" must be submitted, to the electors
of the Legislative District or Representative District
represented by the member of the General Assembly, at a
special election called by the State Board of Elections to
occur not more than 90 days after certification of the
petition. Any recall petition or recall election pending on
the date of the next general election at which a member of the

SC0013 - 7 - LRB103 26934 AWJ 53298 e
General Assembly for which recall is sought is elected is
moot.
(c) The member of the General Assembly 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 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 is ineligible to serve in public office for 10 years
following certification of the recall election.
(ILCON Art. III, Sec. 10 new)
SECTION 10. INITIATIVE TO RECALL LOCAL GOVERNMENT OFFICIALS
(a) As used in this Section, "local government official"
means an elected or appointed public official of a unit of
local government, school district, or community college
district.
(b) To initiate the recall of a local government official,
a petitioning elector shall file an affidavit with the State
Board of Elections providing notice of intent to circulate a
petition to recall the official. The affidavit shall include:
(1) a general statement of not more than 200 words naming 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

SC0013 - 8 - LRB103 26934 AWJ 53298 e
within the unit of local government, school district, or
community college district in which the official represents;
and (3) the signature of the petitioning elector. The
affidavit may be filed no sooner than 6 months after the
beginning of the local government official's term of office.
Upon acceptance of the petitioning elector's affidavit by
the State Board of Elections, an additional 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,
school district, or community college district in which the
local government official represents as follows: 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 electors, 15%; for a jurisdiction of more
than 100,000 qualified voters, 10%. The petition shall have
been signed by the petitioning electors not more than 90 days
after the affidavit has been filed with the State Board of
Elections providing notice of intent to circulate a petition
to recall the local government official. If the State Board of
Elections determines the petition is valid, the local
government official whose recall is sought may file a response

SC0013 - 9 - LRB103 26934 AWJ 53298 e
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.
(c) The form of the affidavit, petitions, 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 must be submitted to the electors of
the unit of local government, school district, or community
college district at a special election called by the State
Board of Elections, to occur not more than 90 days after
certification of the petition in substantially the following
form:
"Should (official's name) be recalled from the position of
(title of position)?
If (official's name) is recalled, which of the following
candidates should replace (official's name)?
(candidate or candidates to succeed the recalled official)."
Any recall petition or recall election pending on the date
of the next general election at which a local government
official for which recall is sought is elected is moot. The

SC0013 - 10 - LRB103 26934 AWJ 53298 e
form of the affidavit, petition, circulation, and procedure
for candidates to replace the recalled official shall be
provided by law.
(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. If the local
government official is removed, the vacancy shall be filled as
provided by law.
(e) A local government official recalled under this
Section is ineligible to serve in public office for 10 years
following certification of the recall election.
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act.