Malcolm Rivera
The Illinois Constitution can be amended through citizen-initiated referendums and petitions. Amendments are limited to structural and procedural subjects contained in Article IV, which covers the makeup and powers of the legislature. A proposed amendment must be approved by three-fifths of those voting on the question or a majority of those voting in the election. Since 1970, there have been 23 constitutional amendments put on the ballot by Illinois lawmakers and one by a citizen-initiated referendum. The most recent amendments sought greater taxation powers and inviolate powers to public employee unions.
| Characteristics | Values |
|---|---|
| Process of amendment | Amendments can be proposed by the General Assembly or through citizen-initiated referendums or petitions. |
| Voting requirements | Amendments must be approved by three-fifths of voters or a majority of those voting in the election. |
| Number of amendments | No more than three Articles of the Constitution can be amended at any one election. |
| Timing of amendments | Amendments cannot be proposed from the time a Convention is called until after electors have voted on any proposed revisions or amendments. |
| Petition requirements | Petitions must contain the text of the proposed amendment, the date of the general election, and be signed by petitioning electors no more than 24 months before the election. |
| Subjects of amendment | Amendments are limited to structural and procedural subjects contained in Article IV. |
| Voter registration | Illinois allows same-day voter registration, but requires 30 days of residency in the state before voting. |
| Non-citizen voting | Illinois does not require proof of citizenship for voter registration, but applicants must attest that they are U.S. citizens under penalty of perjury. |
| Advisory questions | These are non-binding questions that allow voters to express their opinion. They require a simple majority vote in each legislative chamber and the governor's signature to be included on the ballot. |
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What You'll Learn
Illinois Constitution amendment process
The Illinois Constitution can be amended through citizen-initiated referendums or petitions. Amendments are limited to structural and procedural subjects contained in Article IV, which covers the makeup and powers of the legislature.
For a citizen-initiated referendum, the proposed amendment must be submitted to the electors at a general election and become effective if approved by either three-fifths of those voting on the amendment or a majority of those voting in the election. The petition for a referendum must contain the text of the proposed amendment, the date of the general election at which the amendment will be submitted, and must be signed by petitioning electors no more than 24 months before the election. It must then be filed with the Secretary of State at least six months before the election.
In 2020, Illinois voters turned down a constitutional amendment that would have replaced the state's flat income tax with a graduated income tax. In 2016, over 560,000 Illinois voters signed a petition to change the state constitution and take away responsibility from state lawmakers for drawing their own legislative district maps, but this was ruled unconstitutional by the Illinois Supreme Court.
Illinois lawmakers are also able to put constitutional amendments on the ballot. Since 1970, there have been 23 amendments proposed by lawmakers and one by a voter initiative.
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Citizen-initiated referendums
The Illinois Constitution can be amended through citizen-initiated referendums, which are a type of direct democracy mechanism that allows citizens to propose and vote on changes to the state's constitution. This process gives Illinois citizens a direct say in shaping the laws and policies that govern them.
To initiate a referendum for amending the Illinois Constitution, citizens must follow a specific process outlined in Article XIV of the state's constitution. The first step is to propose an amendment, which can be done by citizens through a petition. This petition must meet several requirements, including the number of signatures needed and the timing of their collection. The petition must be signed by a number of electors equal to at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election. The signatures must also be collected within a specified time frame, not exceeding 24 months before the general election at which the proposed amendment is to be submitted.
The petition should also include the text of the proposed amendment and the date of the general election at which the amendment will be voted on. Once the petition is complete, it must be filed with the Secretary of State at least six months before the general election. The procedure for determining the validity and sufficiency of a petition is defined by law. If the petition meets all the requirements and is deemed valid, the proposed amendment will be placed on the ballot for the electors to vote on during the general election.
For an amendment to be approved and become part of the Illinois Constitution, it must receive the support of either three-fifths of those voting specifically on the amendment or a simple majority of those voting in the general election. This process allows Illinois citizens to have a direct impact on their state's constitution and shape the policies that affect their lives. It provides a mechanism for citizens to address issues they feel strongly about, such as tax reforms, and make changes that reflect the values and priorities of the state's population.
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Legislative term limits
The Illinois Constitution can be amended through a majority vote on a separate ballot. Amendments are limited to structural and procedural subjects contained in Article IV.
In 2014, the Illinois Term Limits for Legislators Amendment was proposed to place term limits on Illinois lawmakers. However, the state supreme court struck down the measure as unconstitutional. The court characterized term limits as a matter of "eligibility or qualifications" that did not involve the structure of the legislature as an institution.
Despite this, in 2017, the Illinois Senate passed term limits for legislative leaders. The Senate Resolution 3 mandates that state senators can serve as Senate President or Minority Leader for a maximum of 10 years per position or five terms. This resolution does not apply to the House, where there are currently no term limits for representatives.
Illinois is one of only 14 states with no form of term limits for state lawmakers and several executive branch offices, including the governor, lieutenant governor, and secretary of state. While there have been calls to pass term limits through the General Assembly, they have not been successful.
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Procedural and structural changes
The Illinois Constitution can be amended through citizen-initiated referendums or petitions. However, these changes are limited to "structural and procedural subjects contained in Article IV", which covers the makeup and powers of the legislature.
In 2016, over 560,000 Illinois voters signed a petition to change the state constitution and take away the responsibility of state lawmakers to draw their own legislative district maps. This "Fair Maps Amendment" effort failed when the Illinois Supreme Court ruled that only "structural and procedural" changes could be made to the constitution.
Another example of a proposed amendment is the "Millionaire surcharge", which was on the ballot in 2024. Voters were asked whether the Illinois Constitution should be amended to create an additional 3% tax on income greater than $1,000,000, with the funds dedicated to property tax relief.
The process for amending the Illinois Constitution is outlined in Article XIV of the constitution. Amendments to Article IV of the constitution may be proposed by a petition signed by a number of electors equal to at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election. The petition must contain the text of the proposed amendment and the date of the general election at which the amendment will be submitted. It must be signed by the petitioning electors no more than 24 months before the election and filed with the Secretary of State at least six months before the election. If the petition is valid, the proposed amendment will be submitted to the electors at the general election. For an amendment to become effective, it must be approved by either three-fifths of those voting on the amendment or a majority of those voting in the election.
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Taxation and public employee unions
The Illinois Constitution can be amended through a vote on proposed amendments, which must be approved by either three-fifths of those voting on the question or a majority of those voting in the election. Amendments can also be proposed by a petition signed by at least eight percent of the total votes cast for Governor in the preceding gubernatorial election.
In 2024, Illinois voters will see a question on their ballots regarding property taxes, known as the 'Millionaire surcharge'. The question asks whether the Illinois Constitution should be amended to impose an additional 3% tax on income greater than $1,000,000, with the funds dedicated to property tax relief. This comes as Illinois residents are burdened by the second-highest property taxes in the nation.
In 2020, Illinois voters rejected a constitutional amendment that would have replaced the state's flat income tax with a graduated income tax. However, in 2014, voters approved a 3% tax on incomes over $1 million to provide more resources to school districts.
The Illinois Workers' Rights Amendment is another example of an amendment that impacts taxation and public employee unions. The amendment adds language to the state constitution, guaranteeing employees the right to organise and bargain collectively. This amendment creates a legal barrier against threats to repeal or erode public-sector workers' collective bargaining rights and constraints on private-sector workers' collective bargaining rights, often referred to as "right-to-work" (RTW) restrictions. The amendment makes union organisation and bargaining a "fundamental right" and prohibits any laws that interfere with this right.
The impact of powerful government unions in Illinois has been a subject of debate. Some argue that government unions have contributed to increasing taxes and reducing the efficiency and quality of government services. On the other hand, the Workers' Rights Amendment has opened the door for new groups of workers to unionise and seek stronger legal protections.
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Frequently asked questions
Amendments to the Illinois Constitution can be proposed by a petition signed by a number of electors equal to at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election. Amendments are limited to structural and procedural subjects contained in Article IV.
The proposed amendment shall become effective if approved by either three-fifths of those voting on the amendment or a majority of those voting in the election.
Yes, in addition to proposing amendments through petitions, voters in Illinois can also approve amendments through their votes. However, it is important to distinguish between binding votes and advisory votes. Advisory votes are non-binding and do not directly result in a constitutional amendment, but rather allow voters to express their general opinion on the issue.
