Article V

Constitution of the State of Illinois

ARTICLE V THE EXECUTIVE

SECTION 1. OFFICERS
    The Executive Branch shall include a Governor, Lieutenant
Governor, Attorney General, Secretary of State, Comptroller
and Treasurer elected by the electors of the State. They
shall keep the public records and maintain a residence at the
seat of government during their terms of office.
(Source: Illinois Constitution.)


SECTION 2. TERMS
    These elected officers of the Executive Branch shall hold
office for four years beginning on the second Monday of
January after their election and, except in the case of the
Lieutenant Governor, until their successors are qualified.
They shall be elected at the general election in 1978 and
every four years thereafter.
(Source: Illinois Constitution.)


SECTION 3. ELIGIBILITY
    To be eligible to hold the office of Governor, Lieutenant
Governor, Attorney General, Secretary of State, Comptroller
or Treasurer, a person must be a United States citizen, at
least 25 years old, and a resident of this State for the
three years preceding his election.
(Source: Illinois Constitution.)


SECTION 4. JOINT ELECTION
    In the general election for Governor and Lieutenant
Governor, one vote shall be cast jointly for the candidates
nominated by the same political party or petition. The
General Assembly may provide by law for the joint nomination
of candidates for Governor and Lieutenant Governor.
(Source: Illinois Constitution.)


SECTION 5. CANVASS - CONTESTS
    The election returns for executive offices shall be
sealed and transmitted to the Secretary of State, or other
person or body provided by law, who shall examine and
consolidate the returns. The person having the highest number
of votes for an office shall be declared elected. If two or
more persons have an equal and the highest number of votes
for an office, they shall draw lots to determine which of
them shall be declared elected. Election contests shall be
decided by the courts in a manner provided by law.
(Source: Illinois Constitution.)


SECTION 6. GUBERNATORIAL SUCCESSION
    (a)  In the event of a vacancy, the order of succession
to the office of Governor or to the position of Acting
Governor shall be the Lieutenant Governor, the elected
Attorney General, the elected Secretary of State, and then as
provided by law.
    (b)  If the Governor is unable to serve because of death,
conviction on impeachment, failure to qualify, resignation or
other disability, the office of Governor shall be filled by
the officer next in line of succession for the remainder of
the term or until the disability is removed.
    (c)  Whenever the Governor determines that he may be
seriously impeded in the exercise of his powers, he shall so
notify the Secretary of State and the officer next in line of
succession. The latter shall thereafter become Acting
Governor with the duties and powers of Governor. When the
Governor is prepared to resume office, he shall do so by
notifying the Secretary of State and the Acting Governor.
    (d)  The General Assembly by law shall specify by whom
and by what procedures the ability of the Governor to serve
or to resume office may be questioned and determined. The
Supreme Court shall have original and exclusive jurisdiction
to review such a law and any such determination and, in the
absence of such a law, shall make the determination under
such rules as it may adopt.
(Source: Illinois Constitution.)


SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES
    If the Attorney General, Secretary of State, Comptroller
or Treasurer fails to qualify or if his office becomes
vacant, the Governor shall fill the office by appointment.
The appointee shall hold office until the elected officer
qualifies or until a successor is elected and qualified as
may be provided by law and shall not be subject to removal by
the Governor. If the Lieutenant Governor fails to qualify or
if his office becomes vacant, it shall remain vacant until
the end of the term.
(Source: Illinois Constitution.)


SECTION 8. GOVERNOR - SUPREME EXECUTIVE POWER
    The Governor shall have the supreme executive power, and
shall be responsible for the faithful execution of the laws.
(Source: Illinois Constitution.)


SECTION 9. GOVERNOR - APPOINTING POWER
    (a)  The Governor shall nominate and, by and with the
advice and consent of the Senate, a majority of the members
elected concurring by record vote, shall appoint all officers
whose election or appointment is not otherwise provided for.
Any nomination not acted upon by the Senate within 60 session
days after the receipt thereof shall be deemed to have
received the advice and consent of the Senate. The General
Assembly shall have no power to elect or appoint officers of
the Executive Branch.
    (b)  If, during a recess of the Senate, there is a
vacancy in an office filled by appointment by the Governor by
and with the advice and consent of the Senate, the Governor
shall make a temporary appointment until the next meeting of
the Senate, when he shall make a nomination to fill such
office.
    (c)  No person rejected by the Senate for an office
shall, except at the Senate's request, be nominated again for
that office at the same session or be appointed to that
office during a recess of that Senate.
(Source: Illinois Constitution.)


SECTION 10. GOVERNOR - REMOVALS
    The Governor may remove for incompetence, neglect of
duty, or malfeasance in office any officer who may be
appointed by the Governor.
(Source: Illinois Constitution.)


SECTION 11. GOVERNOR - AGENCY REORGANIZATION
    The Governor, by Executive Order, may reassign functions
among or reorganize executive agencies which are directly
responsible to him. If such a reassignment or reorganization
would contravene a statute, the Executive Order shall be
delivered to the General Assembly. If the General Assembly is
in annual session and if the Executive Order is delivered on
or before April 1, the General Assembly shall consider the
Executive Order at that annual session. If the General
Assembly is not in annual session or if the Executive Order
is delivered after April 1, the General Assembly shall
consider the Executive Order at its next annual session, in
which case the Executive Order shall be deemed to have been
delivered on the first day of that annual session. Such an
Executive Order shall not become effective if, within 60
calendar days after its delivery to the General Assembly,
either house disapproves the Executive Order by the record
vote of a majority of the members elected. An Executive Order
not so disapproved shall become effective by its terms but
not less than 60 calendar days after its delivery to the
General Assembly.
(Source: Illinois Constitution.)


SECTION 12. GOVERNOR - PARDONS
    The Governor may grant reprieves, commutations and
pardons, after conviction, for all offenses on such terms as
he thinks proper. The manner of applying therefore may be
regulated by law.
(Source: Illinois Constitution.)


SECTION 13. GOVERNOR - LEGISLATIVE MESSAGES
    The Governor, at the beginning of each annual session of
the General Assembly and at the close of his term of office,
shall report to the General Assembly on the condition of the
State and recommend such measures as he deems desirable.
(Source: Illinois Constitution.)


SECTION 14. LIEUTENANT GOVERNOR - DUTIES
    The Lieutenant Governor shall perform the duties and
exercise the powers in the Executive Branch that may be
delegated to him by the Governor and that may be prescribed
by law.
(Source: Illinois Constitution.)


SECTION  15. ATTORNEY GENERAL - DUTIES
    The Attorney General shall be the legal officer of the
State, and shall have the duties and powers that may be
prescribed by law.
(Source: Illinois Constitution.)


SECTION 16. SECRETARY OF STATE - DUTIES
    The Secretary of State shall maintain the official
records of the acts of the General Assembly and such official
records of the Executive Branch as provided by law. Such
official records shall be available for inspection by the
public. He shall keep the Great Seal of the State of Illinois
and perform other duties that may be prescribed by law.
(Source: Illinois Constitution.)


SECTION 17. COMPTROLLER - DUTIES
    The Comptroller, in accordance with law, shall maintain
the State's central fiscal accounts, and order payments into
and out of the funds held by the Treasurer.
(Source: Illinois Constitution.)


SECTION 18. TREASURER - DUTIES
    The Treasurer, in accordance with law, shall be
responsible for the safekeeping and investment of monies and
securities deposited with him, and for their disbursement
upon order of the Comptroller.
(Source: Illinois Constitution.)


SECTION 19. RECORDS - REPORTS
    All officers of the Executive Branch shall keep accounts
and shall make such reports as may be required by law. They
shall provide the Governor with information relating to their
respective offices, either in writing under oath, or
otherwise, as the Governor may require.
(Source: Illinois Constitution.)


SECTION 20. BOND
    Civil officers of the Executive Branch may be required by
law to give reasonable bond or other security for the
faithful performance of their duties. If any officer is in
default of such a requirement, his office shall be deemed
vacant.
(Source: Illinois Constitution.)


SECTION 21. COMPENSATION
    Officers of the Executive Branch shall be paid salaries
established by law and shall receive no other compensation
for their services. Changes in the salaries of these officers
elected or appointed for stated terms shall not take effect
during the stated terms.
(Source: Illinois Constitution.)

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