Illinois 2025-2026 Regular Session

Illinois House Bill HJRCA0004 Latest Draft

Bill / Introduced Version Filed 01/13/2025

                            104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0004 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: ILCON Art. III, Sec. 7ILCON Art. III, Sec. 9 newILCON Art. III, Sec. 10 newILCON 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. LRB104 07341 SPS 17381 e 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0004 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:  ILCON Art. III, Sec. 7ILCON Art. III, Sec. 9 newILCON Art. III, Sec. 10 newILCON Art. III, Sec. 11 new  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.  LRB104 07341 SPS 17381 e     LRB104 07341 SPS 17381 e
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0004 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
ILCON Art. III, Sec. 7ILCON Art. III, Sec. 9 newILCON Art. III, Sec. 10 newILCON Art. III, Sec. 11 new  ILCON Art. III, Sec. 7 ILCON Art. III, Sec. 9 new ILCON Art. III, Sec. 10 new ILCON Art. III, Sec. 11 new
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.
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1  HOUSE JOINT RESOLUTION
2  CONSTITUTIONAL AMENDMENT
3  RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
4  HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5  SENATE CONCURRING HEREIN, that there shall be submitted to the
6  electors of the State for adoption or rejection at the general
7  election next occurring at least 6 months after the adoption
8  of this resolution a proposition to amend Section 7 of Article
9  III of the Illinois Constitution and to add Sections 9, 10, and
10  11 of Article III as follows:
11  ARTICLE III
12  SUFFRAGE AND ELECTIONS
13  (ILCON Art. III, Sec. 7)
14  SECTION 7. INITIATIVE TO RECALL EXECUTIVE OFFICERS GOVERNOR
15  (a) To initiate the recall of any Executive Branch officer
16  named in Section 1 of Article V, a petitioning elector shall
17  file an affidavit with the State Board of Elections providing
18  notice to circulate a petition to recall an Executive Branch
19  officer. The affidavit shall include: (1) a general statement
20  of not more than 200 words enumerating the individual whose
21  recall is sought and providing the grounds for which recall is
22  sought; (2) a petition signed by a number of electors equal in
23  number to at least 0.1% of the total votes cast for Governor in

 

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0004 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
ILCON Art. III, Sec. 7ILCON Art. III, Sec. 9 newILCON Art. III, Sec. 10 newILCON Art. III, Sec. 11 new  ILCON Art. III, Sec. 7 ILCON Art. III, Sec. 9 new ILCON Art. III, Sec. 10 new ILCON Art. III, Sec. 11 new
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.
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ILCON Art. III, Sec. 7
ILCON Art. III, Sec. 9 new
ILCON Art. III, Sec. 10 new
ILCON Art. III, Sec. 11 new



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

 

 

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

 

 

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1  law. If the successor election petition is valid and
2  sufficient, the State Board of Elections shall certify the
3  petition not more than 100 days after the date the petition to
4  recall the Governor was filed. Names of candidates for
5  nomination to serve as the candidate of an established
6  political party must be submitted to the electors at a special
7  primary election, if necessary, called by the State Board of
8  Elections to be held at the same time as the special election
9  on the question of recall established under subsection (b).
10  Names of candidates for the successor election must be
11  submitted to the electors at a special successor election
12  called by the State Board of Elections, to occur not more than
13  60 days after the date of the special primary election or on a
14  date established by law.
15  (d) The Executive Branch officer Governor is immediately
16  removed upon certification of the recall election results if a
17  three-fifths majority of the electors voting on the question
18  vote to recall the Executive Branch officer Governor. If the
19  Executive Branch officer Governor is removed, the vacancy
20  shall be filled as provided in Article V then (i) an Acting
21  Governor determined under subsection (a) of Section 6 of
22  Article V shall serve until the Governor elected at the
23  special successor election is qualified and (ii) the candidate
24  who receives the highest number of votes in the special
25  successor election is elected Governor for the balance of the
26  term.

 

 

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1  (e) An Executive Branch officer recalled under this
2  Section 7 is ineligible to serve again in the office in which
3  he or she was recalled for 10 years following certification of
4  the recall election.
5  (Source: Amendment adopted at general election November 2,
6  2010.)
7  (ILCON Art. III, Sec. 9 new)
8  SECTION 9. INITIATIVE TO RECALL LEGISLATIVE LEADERS AND
9  AUDITOR GENERAL
10  (a) To initiate the recall of the Speaker of the House of
11  Representatives, the President of the Senate, or the Auditor
12  General, a petitioning elector shall file an affidavit with
13  the State Board of Elections providing notice to circulate a
14  petition to recall the Speaker of the House of
15  Representatives, the President of the Senate, or the Auditor
16  General. The affidavit shall include: (1) a general statement
17  of not more than 200 words enumerating the individual whose
18  recall is sought and providing the grounds for which recall is
19  sought; (2) a petition signed by a number of electors equal in
20  number to at least 0.1% of the total votes cast for Governor in
21  the preceding gubernatorial election; and (3) the signature of
22  the petitioning elector. Upon acceptance of the petitioning
23  elector's affidavit by the State Board of Elections, the
24  recall of the Speaker of the House of Representatives, the
25  President of the Senate, or the Auditor General may be

 

 

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1  proposed by a petition signed by a number of electors equal in
2  number to at least 12% of the total votes cast for Governor in
3  the preceding gubernatorial election. A petition shall have
4  been signed by the petitioning electors not more than 90 days
5  after an affidavit has been filed with the State Board of
6  Elections providing notice of intent to circulate a petition
7  to recall the Speaker of the House of Representatives, the
8  President of the Senate, or the Auditor General. The affidavit
9  may be filed no sooner than 6 months after the beginning of the
10  Speaker's, the President's, or the Auditor General's term of
11  office. If the State Board of Elections determines the
12  petition is valid, the officer whose recall is sought may file
13  a response of not more than 200 words with the State Board of
14  Elections. The petitioning elector's general statement and the
15  officer's response shall appear on the recall ballot.
16  (b) The form of the affidavit, petition, circulation, and
17  procedure for determining the validity and sufficiency of a
18  petition shall be as provided by law. If the petition is valid
19  and sufficient, the State Board of Elections shall certify the
20  petition not more than 100 days after the date the petition was
21  filed, and the question "Shall (name) be recalled from the
22  office of (office)?" must be submitted to the electors at the
23  next general election after certification of the petition.
24  (c) The Speaker of the House of Representatives, the
25  President of the Senate, or the Auditor General is immediately
26  removed upon certification of the recall election results if a

 

 

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

 

 

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1  District or Representative District represented by the member
2  of the General Assembly. A petition shall have been signed by
3  the petitioning electors not more than 90 days after an
4  affidavit has been filed with the State Board of Elections
5  providing notice of intent to circulate a petition to recall
6  the member. The petition shall include the signature of the
7  petitioning elector and a general statement of not more than
8  200 words enumerating the individual whose recall is sought
9  and providing the grounds for which recall is sought. The
10  affidavit may be filed no sooner than 6 months after the
11  beginning of the member's term of office. If the State Board of
12  Elections determines the petition is valid, the member whose
13  recall is sought may file a response of not more than 200 words
14  with the State Board of Elections. The petitioning elector's
15  general statement and the member's response shall appear on
16  the recall ballot.
17  (b) The form of the affidavit, petition, circulation, and
18  procedure for determining the validity and sufficiency of a
19  petition shall be as provided by law. If the petition is valid
20  and sufficient, the State Board of Elections shall certify the
21  petition not more than 100 days after the date the petition was
22  filed, and the question "Shall (name) be recalled from the
23  office of (office)?" must be submitted to the electors at the
24  next general election after certification of the petition.
25  (c) The member of the General Assembly is immediately
26  removed upon certification of the recall election results if a

 

 

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1  three-fifths majority of the electors voting on the question
2  vote to recall the member. If the member is removed, the
3  vacancy shall be filled as provided by Section 2 of Article IV.
4  (d) A member of the General Assembly recalled under this
5  Section 10 is ineligible to serve in public office (or
6  specified non-elected office) for 10 years following
7  certification of the recall election.
8  (e) The procedure and manner of recalling a member of the
9  General Assembly shall be in addition to and not excluding any
10  other method of removing an elected official as provided by
11  law.
12  (ILCON Art. III, Sec. 11 new)
13  SECTION 11. INITIATIVE TO RECALL LOCAL GOVERNMENT OFFICIALS
14  (a) The recall of a local government official may be
15  proposed by a petition signed by a number of electors equal to
16  a percentage of the total votes cast for Governor in the
17  preceding gubernatorial election as determined by the
18  population of the unit of local government that the local
19  government official represents: for a jurisdiction of not more
20  than 1,000 qualified electors, 30%; for a jurisdiction of more
21  than 1,000 qualified electors but not more than 10,000
22  qualified electors, 25%; for a jurisdiction of more than
23  10,000 qualified electors but not more than 50,000 qualified
24  electors, 20%; for a jurisdiction of more than 50,000
25  qualified electors but not more than 100,000 qualified

 

 

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1  electors, 15%; for a jurisdiction of more than 100,000
2  qualified electors, 10%. A petition shall have been signed by
3  the petitioning electors not more than 90 days after an
4  affidavit has been filed with the State Board of Elections
5  providing notice of intent to circulate a petition to recall
6  the local government official. The petition shall include the
7  signature of the petitioning elector and a general statement
8  of not more than 200 words enumerating the individual whose
9  recall is sought and providing the grounds for which recall is
10  sought. The affidavit may be filed no sooner than 6 months
11  after the beginning of the local government official's term of
12  office. If the State Board of Elections determines the
13  petition is valid, the local government official whose recall
14  is sought may file a response of not more than 200 words with
15  the State Board of Elections. The petitioning elector's
16  general statement and the local government official's response
17  shall appear on the recall ballot.
18  (b) The local government officials who serve on a public
19  body must be recalled individually.
20  (c) The form of the affidavit, petition, circulation, and
21  procedure for determining the validity and sufficiency of a
22  petition shall be as provided by law. If the petition is valid
23  and sufficient, the State Board of Elections shall certify the
24  petition not more than 100 days after the date the petition was
25  filed, and the following question must be submitted to the
26  electors at the next general election or general consolidated

 

 

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1  election after certification of the petition:
2  "Should (elected official) be recalled from (his or her)
3  position(s) as (title of position)? (YES/NO)
4  If (elected official) is recalled, who do you support to
5  replace (him or her)?
6  (Elected official).
7  (Candidate).
8  (Candidate)."
9  (d) The local government official is immediately removed
10  upon certification of the recall election results if a
11  three-fifths majority of the electors voting on the question
12  vote to recall the local government official.
13  (e) Replacement candidates wishing to be listed on the
14  recall ballot shall be certified under the same procedures as
15  if the candidate was running for the applicable office in a
16  standard election, except the petition circulation and filing
17  of petitions shall only be between the time the intent to
18  recall is filed and 90 days before the election. Candidates
19  running to replace the recalled officeholder shall state
20  clearly on the candidate's petitions which officeholder they
21  are seeking to replace.
22  (f) There shall be no primary or runoff election after a
23  recall election. The top vote-getter or vote-getters in the
24  recall election shall replace the elected official or
25  officials who were recalled.
26  (g) The procedure to be certified to run in the recall

 

 

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

 

 

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