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.



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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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.