CONAMEND-RECALL OFFICIALS

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HJRCA0025 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0025

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

ILCON Art. III, Sec. 9 new
ILCON Art. III, Sec. 11 new
ILCON Art. VI, Sec. 12.5 new

Proposes to amend the Suffrage and Elections Article of the Illinois
Constitution. Sets out a procedure for the recall of local government
officials. Proposes to amend the Judiciary Article of the Illinois
Constitution. Sets out a procedure for the recall of Associate Judges and
Circuit Judges. Effective upon being declared adopted.
LRB104 17159 SPS 30578 e

HC0025
LRB104 17159 SPS 30578 e
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 add Section 9 of Article
9
III and Section 12.5 of Article IV as follows:

10
ARTICLE III
11
SUFFRAGE AND ELECTIONS
12

(ILCON Art. III, Sec. 9 new)
13
SECTION 9.
INITIATIVE TO RECALL LOCAL GOVERNMENT OFFICIALS

14

(a) The recall of an elected local government official may
15
be proposed by a petition signed by a number of electors equal
16
to the 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

HC0025
- 2 -
LRB104 17159 SPS 30578 e
1
electors, 20%; for a jurisdiction of more than 50,000
2
qualified electors but not more than 100,000 qualified
3
electors, 15%; for a jurisdiction of more than 100,000
4
qualified electors, 10%. A petition shall have been signed by
5
the petitioning electors not more than 90 days after an
6
affidavit has been filed with the State Board of Elections
7
providing notice of intent to circulate a petition to recall
8
the local government official. The petition shall include the
9
signature of the petitioning elector and a general statement
10
of not more than 200 words describing the individual whose
11
recall is sought and providing the grounds for which recall is
12
sought. The affidavit may be filed no sooner than 6 months
13
after the beginning of the local government official's term of
14
office. If the State Board of Elections determines the
15
petition is valid, the local government official whose recall
16
is sought may file a response of not more than 200 words with
17
the State Board of Elections. The petitioning elector's
18
general statement and the local government official's response
19
shall appear on the recall ballot.
20

(b) The local government officials who serve on a public
21
body must be recalled individually.
22

(c) The form of the affidavit, petition, circulation, and
23
procedure for determining the validity and sufficiency of a
24
petition shall be as provided by law. If the petition is valid
25
and sufficient, the State Board of Elections shall certify the
26
petition not more than 100 days after the date the petition was

HC0025
- 3 -
LRB104 17159 SPS 30578 e
1
filed, and the following question must be submitted to the
2
electors at the next general election or general consolidated
3
election after certification of the petition:
4

"Should (elected official) be recalled from (his or her)
5

position(s) as (title of position)? (YES/NO)

6

If (elected official) is recalled, who do you support to
7

replace (him or her)?

8

(Elected official).

9

(Candidate).

10

(Candidate)."

11

(d) The local government official is immediately removed
12
upon certification of the recall election results if a
13
three-fifths majority of the electors voting on the question
14
vote to recall the local government official.
15

(e) Replacement candidates wishing to be listed on the
16
recall ballot shall be certified under the same procedures as
17
if the candidate was running for the applicable office in a
18
standard election, except the petition circulation and filing
19
of petitions shall only be between the time the intent to
20
recall is filed and 90 days before the election. Candidates
21
running to replace the recalled officeholder shall state
22
clearly on the candidate's petitions which officeholder they
23
are seeking to replace.
24

(f) There shall be no primary or runoff election after a
25
recall election. The top vote-getter or vote-getters in the
26
recall election shall replace the elected official or

HC0025
- 4 -
LRB104 17159 SPS 30578 e
1
officials who were recalled.
2

(g) The procedure to be certified to run in the recall
3
election shall be the same as the procedure for being
4
nominated and certified in the standard election for the
5
office to be filled. Challenges to recall petitions shall
6
follow the same procedures as challenges to petitions under
7
the Election Code.
8

(h) If multiple officeholders from the same public office
9
or district are being recalled, each recall question must be
10
asked separately. All candidates running as replacements for
11
that office and the current officeholder shall be on the
12
ballot beneath the recall question.
13

(i) If the local government official is removed from a
14
unit of government over 1,000,000 persons, the vacancy shall
15
be filled as provided by law.
16

(j) A local government official recalled under this
17
Section is ineligible to serve in public office (or specified
18
non-elected office) for 10 years following certification of
19
the recall election.
20

(k) The procedure and manner of recalling a local
21
government official shall be in addition to and not excluding
22
any other method of removing an elected official as provided
23
by law.

24
ARTICLE VI
25
THE JUDICIARY

HC0025
- 5 -
LRB104 17159 SPS 30578 e
1

(ILCON Art. VI, Sec. 12.5 new)
2
SECTION 12.5.
INITIATIVE TO RECALL ASSOCIATE AND CIRCUIT
3
JUDGES

4

(a) The recall of an elected Associate Judge or Circuit
5
Judge may be proposed by a petition signed by a number of
6
electors equal to at least 15% of the total votes cast for
7
Governor in the preceding gubernatorial election as determined
8
by the population of the Judicial District or Judicial Circuit
9
from which the Judge was elected. A petition shall have been
10
signed by the petitioning electors not more than 90 days after
11
an affidavit has been filed with the State Board of Elections
12
providing notice of intent to circulate a petition to recall
13
the Associate Judge or Circuit Judge. The petition shall
14
include the signature of the petitioning elector and a general
15
statement of not more than 200 words describing the individual
16
whose recall is sought and providing the grounds for which
17
recall is sought. The affidavit may be filed no sooner than 6
18
months after the beginning of the Associate Judge or Circuit
19
Judge's term of office. If the State Board of Elections
20
determines the petition is valid, the Associate Judge or
21
Circuit Judge whose recall is sought may file a response of not
22
more than 200 words with the State Board of Elections. The
23
petitioning elector's general statement and the Associate
24
Judge or Circuit Judge's response shall appear on the recall
25
ballot.

HC0025
- 6 -
LRB104 17159 SPS 30578 e
1

(c) The form of the affidavit, petition, circulation, and
2
procedure for determining the validity and sufficiency of a
3
petition shall be as provided by law. If the petition is valid
4
and sufficient, the State Board of Elections shall certify the
5
petition not more than 100 days after the date the petition was
6
filed, and the following question must be submitted to the
7
electors at the next general election or general consolidated
8
election after certification of the petition:
9

"Should (Associate Judge or Circuit Judge) be recalled
10

from (his or her) position? (YES/NO)

11

If (Associate Judge or Circuit Judge) is recalled, who do
12

you support to replace (him or her)?

13

(Associate Judge or Circuit Judge).

14

(Candidate).

15

(Candidate)."

16

(d) The Associate Judge or Circuit Judge is immediately
17
removed upon certification of the recall election results if a
18
three-fifths majority of the electors voting on the question
19
vote to recall the Associate Judge or Circuit Judge.
20

(e) Replacement candidates wishing to be listed on the
21
recall ballot shall be certified under the same procedures as
22
if the candidate was running for the applicable office in a
23
standard election, except the petition circulation and filing
24
of petitions shall only be between the time the intent to
25
recall is filed and 90 days before the election. Candidates
26
running to replace the recalled Associate Judge or Circuit

HC0025
- 7 -
LRB104 17159 SPS 30578 e
1
Judge shall state clearly on the candidate's petitions which
2
officeholder they are seeking to replace.
3

(f) There shall be no primary or runoff election after a
4
recall election. The top vote-getter or vote-getters in the
5
recall election shall replace the elected Associate Judge or
6
Circuit Judge who was recalled.
7

(g) The procedure to be certified to run in the recall
8
election shall be the same as the procedure for being
9
nominated and certified in the standard election. Challenges
10
to recall petitions shall follow the same procedures as
11
challenges to petitions under the Election Code.
12

(h) An Associate Judge or Circuit Judge recalled under
13
this Section is ineligible to serve in public office (or
14
specified non-elected office) for 10 years following
15
certification of the recall election.
16

(i) The procedure and manner of recalling an Associate
17
Judge or Circuit Judge shall be in addition to and not
18
excluding any other method of removing an Associate Judge or
19
Circuit Judge as provided by law.

20
SCHEDULE
21

This Constitutional Amendment takes effect upon being
22
declared adopted in accordance with Section 7 of the Illinois
23
Constitutional Amendment Act.

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