Amending Illinois' Constitution: A Step-By-Step Guide

how are amendments made to the illinois constitution

The Constitution of Illinois is the governing document of the state of Illinois. There have been four Illinois Constitutions, with the fourth and current version adopted in 1970. This constitution has a preamble and 14 articles. Amendments to the Illinois Constitution are made through a process that involves the General Assembly and the electors. The General Assembly must approve the proposed amendment with an affirmative vote of three-fifths of its members, and then the amendment is submitted to the electors at the next general election, where it must receive approval from either three-fifths of those voting on it or a majority of those voting in the election.

Characteristics Values
Number of Constitutions 4
Current Constitution Constitution of Illinois of 1970 or 1970 Constitution
Amendments Limited to structural and procedural subjects contained in Article IV
Petition Shall contain the text of the proposed amendment and the date of the general election at which the proposed amendment is to be submitted
Petition Signatures Signed by petitioning electors not more than 24 months preceding the general election
Petition Submission Shall be filed with the Secretary of State at least six months before the general election
Petition Validation The procedure for determining the validity and sufficiency of a petition shall be provided by law
Approval Shall become effective if approved by either three-fifths of those voting on the amendment or a majority of those voting in the election
Ratification Requires an affirmative vote of three-fifths of the members elected to each house of the General Assembly
Submission Amendments proposed by the General Assembly shall be published with explanations at least one month before the vote
Voting The vote on the proposed amendment shall be on a separate ballot
Effectiveness A proposed amendment shall become effective if approved by either three-fifths of those voting or a majority of those voting in the election
Frequency The General Assembly shall not submit proposed amendments to more than three Articles of the Constitution at any one election
Constitutional Conventions Illinois voters shall be asked at least every 20 years if they desire a constitutional convention
Latest Amendments November 8, 2016

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Amendments must be approved by three-fifths of voters or a majority in the election

The Illinois Constitution has been amended several times since its adoption in 1970. Amendments to this constitution must be approved by either three-fifths of voters who participate in the election or a majority of those voting in the election. This process is outlined in Article XIV of the Illinois Constitution.

To initiate the amendment process, a petition must be submitted to the Secretary of State at least six months before the general election. This petition must include the text of the proposed amendment and the date of the general election at which the amendment will be considered. The petition must be signed by a sufficient number of electors (those requesting the amendment) within the preceding 24 months. If the petition is deemed valid, the proposed amendment is then presented to the electors during the general election.

The Illinois Constitution requires that voters be asked at least every 20 years if they desire a constitutional convention. This provides an opportunity for more significant changes to the constitution to be considered. However, in practice, these conventions have not always resulted in the adoption of proposed amendments. For example, in 1988 and 2008, measures to hold a constitutional convention were defeated by a wide margin in voter referendums.

It's worth noting that amendments are limited to structural and procedural subjects contained in Article IV of the Illinois Constitution. Additionally, the General Assembly is restricted from proposing amendments to more than three Articles of the Constitution in a single election. This ensures that changes to the constitution are focused and considered.

In summary, the process of amending the Illinois Constitution involves petitioning, approval by a supermajority of voters or a majority in the election, and adherence to specific guidelines outlined in the constitution. This process allows for necessary changes while maintaining the stability and integrity of Illinois' governing document.

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Amendments are limited to structural and procedural subjects in Article IV

The Illinois Constitution, which came into effect on July 1, 1971, is the governing document of the State of Illinois. There have been four Illinois Constitutions, with the fourth and current version adopted in 1970.

Amendments to the Illinois Constitution are limited to structural and procedural subjects in Article IV. This means that any proposed changes must relate to the structure and procedures outlined in Article IV.

To amend the Illinois Constitution, a petition must be submitted to the Secretary of State at least six months before the general election. This petition must include the text of the proposed amendment and the date of the general election at which the amendment will be considered. The petition must be signed by electors within the preceding 24 months and must meet validity and sufficiency requirements as outlined by law.

If the petition is deemed valid and sufficient, the proposed amendment is then presented to the electors at the general election. For the amendment to be approved, it must be supported by either three-fifths of those voting specifically on the amendment or by a majority of those voting in the general election.

It is important to note that the Illinois Constitution requires voters to be asked at least every 20 years if they desire a constitutional convention. This provides an additional mechanism for potential changes to the constitution beyond the amendment process.

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A petition must include the text of the proposed amendment and the date of the general election

The process of amending the Illinois Constitution is a detailed and structured procedure. One of the critical steps in this process is the role of petitions. Petitions play a vital role in gathering support for proposed amendments and setting the stage for their inclusion on the general election ballot. According to Article XIV of the Illinois Constitution, a petition must include specific elements to be valid and trigger the next steps in the amendment process.

The first essential element of a valid petition is that it must contain the text of the proposed amendment. This requirement ensures transparency and clarity in the amendment process. By including the text, petitioners provide the full context of the suggested change, allowing electors to understand the exact nature of the amendment being proposed. This transparency is crucial for informed decision-making and ensures that electors are aware of the implications of the amendment.

In addition to the text of the proposed amendment, the petition must also specify the date of the general election at which the amendment should be submitted to the electors for a vote. This date is crucial for several reasons. Firstly, it establishes a timeline for the amendment process, ensuring that the proposed change is presented to the electors within a reasonable timeframe. Secondly, it allows for proper planning and organisation, as the specified date helps coordinate the various steps involved in amending the constitution.

The inclusion of the general election date in the petition also serves as a call to action, mobilising support for the proposed amendment. By providing a definite timeline, electors are made aware of the urgency and significance of the amendment process. This knowledge encourages engagement and participation, as citizens understand the need to make their voices heard through their votes. The date specified in the petition serves as a reminder that their input is essential to shaping the future of the state's governing document.

Furthermore, the petition must meet specific signature requirements to be valid. According to the Illinois Constitution, the petition must be signed by petitioning electors within a timeframe not exceeding twenty-four months preceding the general election date specified in the petition. This signature requirement ensures that there is sufficient support for the proposed amendment and that it represents the will of a significant portion of the state's electors.

In conclusion, the requirement for a petition to include the text of the proposed amendment and the date of the general election is a crucial aspect of amending the Illinois Constitution. It ensures transparency, facilitates planning, and mobilises citizen engagement. By providing a clear understanding of the proposed changes and establishing a timeline for action, this step in the amendment process helps shape the future of governance in the state of Illinois.

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Constitutional conventions are held to propose amendments

The Constitution of Illinois is the governing document of the state of Illinois. There have been four Illinois Constitutions, with the fourth version—referred to as the "Constitution of Illinois of 1970" or the "1970 Constitution"—adopted in 1970 and amended several times since.

The Sixth Illinois Constitutional Convention, held between 1969 and 1970, proposed the fourth version of the Illinois Constitution, which was ratified by special election on December 15, 1970, and went into effect on July 1, 1971.

Amendments to the Illinois Constitution must be approved by a three-fifths vote of the members elected to each house of the General Assembly. They are then submitted to the electors at the general election, at least six months after legislative approval. A proposed amendment becomes effective if approved by either three-fifths of those voting on the amendment or a majority of those voting in the election.

Amendments to the Illinois Constitution have covered a range of issues, including compensation and allowances for members, legislative immunity, sovereign immunity, pension and retirement rights, and education. Other amendments have addressed administrative and supervisory authority over courts, cumulative voting for corporate directors, and the issuance of bonds.

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The General Assembly must publish proposed amendments with explanations at least one month before the vote

The Illinois Constitution has undergone several amendments since its adoption, with procedures outlined in Article XIV. One critical aspect of this process is the role of the General Assembly in proposing and publicising amendments. According to Article XIV, section 2(b), the General Assembly must publish proposed amendments, along with explanations, at least one month before the vote. This provision ensures that electors have adequate time to review and understand the proposed changes before casting their votes.

The General Assembly plays a pivotal role in initiating amendments to the Illinois Constitution. When proposing amendments, it must adhere to specific rules outlined in Article XIV. Firstly, any amendments must be limited to structural and procedural subjects contained in Article IV. This scope ensures that the amendments pertain to the organisational and functional aspects of the constitution.

Before bringing forward a proposed amendment, the General Assembly must secure the affirmative vote of three-fifths of its members elected to each house. This supermajority requirement underscores the importance of consensus in the amendment process. Once an amendment proposal clears this hurdle, the General Assembly proceeds to the next step of publicising it.

The publication of proposed amendments, along with explanations, is a critical transparency measure. By making this information accessible to electors at least one month in advance, the General Assembly enables an informed debate on the merits of the proposed changes. This period provides electors with the opportunity to scrutinise the amendments, seek clarifications, and make informed decisions when casting their votes.

The Illinois Constitution has a robust framework for amending its provisions, and the General Assembly's role in this process is essential. By following the prescribed procedures, including the publication of proposed amendments with explanations well in advance of the vote, the state ensures that any changes to its governing document reflect the will of the people and uphold democratic principles.

Frequently asked questions

The Illinois Constitution is the governing document of the state of Illinois. There have been four Illinois Constitutions, with the fourth and current version adopted in 1970.

Article XIV of the Illinois Constitution requires that Illinois voters be asked at least every 20 years if they desire a constitutional convention.

The Illinois Constitution provides four mechanisms for amending the state constitution—a constitutional convention, a legislative process, and a citizen-initiated process.

Amendments approved by the vote of three-fifths of each house are submitted to the electors at the general election. A proposed amendment becomes effective if approved by either three-fifths of those voting on the amendment or a majority of those voting in the election.

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