Jonah Patel
In the United States, voters in several states have directly amended their state constitutions through ballot measures, which give citizens a direct way to influence policy and legal frameworks. For instance, in Illinois, a constitutional amendment requires a 60% vote in each chamber of the Illinois General Assembly, and voters approved the Illinois Right to Collective Bargaining Measure with 71% of the vote. Similarly, the Illinois Right to Vote Amendment, which prohibits any law that disproportionately affects the rights of eligible Illinois citizens to register to vote based on their race, colour, ethnicity, religion, sex, sexual orientation, or income, was referred to voters in a referendum during the 2014 Illinois general election.
| Characteristics | Values |
|---|---|
| Petition requirements | Must contain the text of the proposed amendment, the date of the general election at which the proposed amendment will be submitted, and must be signed by petitioning electors no more than 24 months before the election. |
| Petition submission deadline | Must be filed with the Secretary of State at least six months before the general election. |
| Voter qualifications | No person can be denied the right to register to vote or cast a ballot based on race, color, ethnicity, language minority status, national origin, religion, sex, sexual orientation, or income. A person convicted of a felony loses the right to vote until the completion of their sentence. |
| Vote requirements for amendments | Either 60% of votes cast on the amendment or a simple majority of all those voting in the election. |
| Legislative approval requirements | A constitutional amendment requires a 60% vote in each chamber of the Illinois General Assembly during one legislative session. |
| Ballot measures | Voters in Illinois have considered amendments related to abortion, marijuana, election procedures, and the right to collective bargaining. |
| Election laws | The General Assembly defines permanent residence for voting purposes, ensures secrecy of voting, facilitates registration and voting for qualified persons, and establishes uniform laws for voter registration and elections. |
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What You'll Learn
Illinois Right to Vote Amendment
The Illinois Right to Vote Amendment was a legislatively referred constitutional amendment that was approved by voters during the general election on November 4, 2014.
The measure added a Section 8 to Article III of the Illinois Constitution, which states that no person shall be denied the right to register to vote or cast a ballot in an election based on race, colour, ethnicity, status as a member of a language minority, national origin, religion, sex, sexual orientation, or income.
The proposed amendment aimed to prohibit any law that disproportionately affects the rights of eligible Illinois citizens to register to vote or cast a ballot based on these protected characteristics. It was designed to provide that no person shall be denied the right to vote in an election for any of these reasons.
According to Illinois' approval requirements, the total votes in the overall election were used to calculate the percentage of "yes" and "no" votes, as this number was less than the percentage of people who voted on the amendment question. The amendment was approved by either three-fifths of those voting on the question or a majority of those voting in the election.
Prior to the vote, opponents of the measure argued that federal voting protections were sufficient, and that the amendment was unnecessary. However, proponents suggested that the amendment would also discourage a voter identification card law.
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Illinois Right to Collective Bargaining Measure
In Illinois, a constitutional amendment requires a 60% vote in each chamber of the Illinois General Assembly during a single legislative session. The Illinois Right to Collective Bargaining Amendment, or Amendment 1, was introduced into the Illinois General Assembly as Senate Joint Resolution 11 (SJR 11) on May 7, 2021. The amendment sought to add language to the state constitution affirming that "employees shall have the fundamental right to organize and bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work."
The Illinois Senate voted 49-7 to pass SJR 11 on May 21, 2021, and the Illinois House of Representatives voted 80-30 to pass it on May 26, 2021. On April 21, 2022, two Chicago Public Schools teachers and two parents filed a lawsuit against several Illinois government bodies, seeking to remove the amendment from the ballot. However, the amendment appeared on the November ballot, and voters approved it.
The amendment prohibits any law that "interferes with, negates, or diminishes the right of employees to organize and bargain collectively," including agreements that require union membership as a condition of employment. It also prohibits right-to-work laws, which mandate that no person can be compelled to pay dues to or join a labour union as a condition of employment. As of 2022, at least three state constitutions—Hawaii, Missouri, and New York—provided a right to collective bargaining.
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Voter qualifications
To register to vote in Illinois, you must be a United States citizen and a resident of the jurisdiction where you plan to vote. You must have resided in your precinct for at least 30 days before the election. You must also be at least 18 years old before the next general election, although 17-year-olds can register and vote in the primary election if they will be 18 by the time of the general election.
Online registration is available until 16 days before the election, but you must have a state-issued ID to register online. You can also register in person at libraries, schools, local government offices, and your county's election office. On Election Day, each county is required to have at least one location where voters can register.
In terms of criminal history, a person convicted of a felony or otherwise serving a sentence in a correctional institution or jail loses their right to vote. However, this right is restored upon completion of their sentence, and they are immediately eligible to register to vote even if they are still on parole or probation.
For service members and their eligible family members, there is a single form called the "Federal Post Card Application" or FPCA form that must be filed with the election office whenever there is a change in location.
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Petition requirements
For an amendment to become effective, it must be approved by either three-fifths of those voting specifically on the amendment or by a simple majority of those voting in the general election. The General Assembly is responsible for publishing proposed amendments with explanations at least one month before the vote. Amendments cannot be proposed or submitted under this section if a Convention has been called and is still in session.
In the case of the Illinois Right to Vote Amendment, a new section was added to the Suffrage and Elections Article of the Illinois Constitution. This amendment prohibits any law that disproportionately affects the rights of eligible Illinois citizens to register to vote or cast a ballot based on protected characteristics such as race, colour, ethnicity, national origin, religion, sex, sexual orientation, or income.
Additionally, a constitutional amendment in Illinois requires a 60% vote in each chamber of the Illinois General Assembly during a single legislative session. This process was followed for the Illinois Right to Collective Bargaining Measure, which was approved by voters in 2022.
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Election laws
The election laws in Illinois are defined by the General Assembly, which is responsible for ensuring free and equal elections. The laws are designed to maintain the secrecy of voting and the integrity of the election process, as well as facilitating registration and voting for all qualified persons.
The constitution outlines the process for amending it, which requires voter participation. A petition for an amendment must contain the text of the proposed amendment and the date of the general election at which it will be submitted. This petition must be signed by electors within 24 months of 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 election and must receive approval from either three-fifths of those voting on the amendment or a simple majority of those voting in the election.
Amendments proposed by the General Assembly must be published with explanations at least one month before the vote, and voting occurs on a separate ballot. For an amendment to become effective, it must be approved by either three-fifths of those voting on it or a majority of those voting in the election. The General Assembly cannot submit proposed amendments to more than three Articles of the Constitution in a single election.
Illinois voters have participated in amending their state constitution, with a notable example being the Right to Vote Amendment. This amendment added a section to the Suffrage and Elections Article, prohibiting any law that disproportionately affects the rights of eligible citizens to register or vote based on race, colour, ethnicity, language minority status, national origin, religion, sex, sexual orientation, or income. This amendment was approved by voters in a referendum during the 2014 Illinois general election.
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Frequently asked questions
A petition for an amendment must be signed by petitioning electors and filed with the Secretary of State at least six months before the general election. If the petition is valid, the proposed amendment is submitted to the electors at the general election. The amendment becomes effective if approved by either three-fifths of those voting on it or a majority of those voting in the election.
Amendment 1, the Illinois Right to Collective Bargaining Measure, was approved by voters on November 8, 2022. This amendment prohibits any law that interferes with or diminishes the right of employees to organize and bargain collectively.
Several states have recently amended their constitutions on various issues, including abortion, marijuana, election procedures, voting systems, minimum wage, and paid leave. For example, Missouri amended its constitution to allow abortion through viability, while Arizona's amendment protects abortion access until viability. Florida and South Dakota's amendments failed, leaving abortion bans in place.
While voters in Illinois can amend their state constitution, amending the US Constitution is a different process that requires a proposal by Congress and ratification by three-fourths of the state legislatures or special ratifying conventions in three-fourths of the states.
