Isabella Carter
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process. Amendments to the constitution must pertain to structural and procedural subjects contained in Article IV. They do not require the governor's signature to be referred to the ballot. The current Illinois Constitution has been amended 15 times.
| Characteristics | Values |
|---|---|
| Number of times the Illinois Constitution has been amended | 15 |
| Date of the last amendment | November 8, 2022 |
| Date of the first Illinois Constitution | December 3, 1818 |
| Frequency of a constitutional convention question appearing on the state's ballot | Every 20 years |
| Year of the first constitutional convention question | 1918 |
| Minimum votes required in the Illinois House of Representatives to place a constitutional amendment on the ballot | 71 |
| Minimum votes required in the Illinois State Senate to place a constitutional amendment on the ballot | 36 |
| Minimum percentage of votes required in both houses of the Illinois General Assembly to place a constitutional convention question on the ballot | 60% |
| Minimum percentage of votes required to approve a constitutional convention question | 60% |
| Minimum percentage of votes required to approve a constitutional amendment | 60% |
| Minimum number of signatures required for an initiated constitutional amendment | 8% of votes cast for governor in the previous gubernatorial election |
| Minimum percentage of votes required to approve a proposed amendment | Three-fifths of those voting on the amendment or a majority of those voting in the election |
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What You'll Learn
A constitutional convention
Illinois has had four Constitutions, with the fourth and current version being adopted in 1970. The 1970 Constitution has a preamble and 14 articles and includes provisions such as the bill of rights, which contains similar provisions to the United States Bill of Rights, like freedom of religion, freedom of speech, and freedom of assembly.
The Illinois Constitutional Convention of 1818 was the first, held after Illinois was approved for statehood by the U.S. Congress, who also approved the formation of a state constitution. The main topics of discussion during this convention were whether it was the right time to establish a constitution and, if so, how to select appropriate representatives to frame it. All white male U.S. citizens residing in the Illinois Territory for at least six months prior to the election were permitted to vote.
The 1862 convention resulted in the proposed "Copperhead Constitution," which was ultimately rejected by voters. Another convention was held in 1920, but the resulting changes were also rejected by voters in 1922. The Sixth Illinois Constitutional Convention, which took place from 1969 to 1970, led to the fourth and current version of the Illinois Constitution. This version was ratified by a special election on December 15, 1970, and went into effect on July 1, 1971.
To amend the Illinois Constitution through a constitutional convention, there are specific procedures in place. For instance, amendments are limited to structural and procedural subjects contained in Article IV. A petition for an amendment must include the text of the proposed change, the date of the general election at which it will be submitted, and the signatures of the petitioning electors. This petition must be filed with the Secretary of State at least six months before the election. If the petition is valid and meets the requirements, the proposed amendment is then presented to the electors, requiring approval by either three-fifths of those voting on the amendment or a majority of those voting in the election.
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Legislative process
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process. Amendments to the Illinois Constitution are limited to structural and procedural subjects contained in Article IV.
The legislative process for amending the Illinois Constitution involves the following steps:
First, a proposed amendment must be introduced and approved by the Illinois General Assembly. The General Assembly can refer constitutional amendments to the ballot for voters to decide. This requires a 60% vote during one legislative session, which amounts to a minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate, assuming no vacancies.
Once a proposed amendment has been approved by the General Assembly, it is placed on the ballot for the next general election. The proposed amendment shall be submitted to the electors at that general election and shall become effective if approved by either three-fifths of those voting on the amendment or a majority of those voting in the election. It is important to note that amendments do not require the governor's signature to be referred to the ballot.
The Illinois Constitution also allows for a constitutional convention, which is a gathering of elected delegates who propose revisions and amendments to the constitution. According to Article XIV, a question about whether to hold a constitutional convention automatically appears on the state's ballot every 20 years, starting in 1918. Illinois is one of 14 states that provide for an automatic constitutional convention question. Additionally, a constitutional convention question can be placed before the state's voters if 60% of the members of both houses of the Illinois General Assembly vote in favor of it. If the question appears on the ballot, it must be approved by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.
The citizen-initiated process, also known as an initiated constitutional amendment, is a mechanism that allows citizens to propose amendments to the state constitution. In Illinois, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast for governor in the previous gubernatorial election. The proposed amendment must be limited to structural and procedural subjects contained in Article IV of the Illinois Constitution, which addresses the structure of the Illinois State Legislature. The petition shall contain the text of the proposed amendment and the date of the general election at which the amendment will be submitted. The petition must be signed by the petitioning electors no more than 24 months preceding the general election and filed with the Secretary of State at least six months before the election. If the petition is valid and sufficient, the proposed amendment will be submitted to the electors at that general election.
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Citizen-initiated process
The Illinois Constitution provides four mechanisms for amending the state constitution—a constitutional convention, a legislative process, and a citizen-initiated process. The citizen-initiated process, also known as an initiated constitutional amendment, is a citizen-initiated ballot measure that amends a state's constitution. Illinois is one of 18 states that allow citizens to initiate constitutional amendments.
In Illinois, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast for the governor in the previous gubernatorial election. Initiated measures in Illinois may only amend Article IV of the Illinois Constitution, which addresses the structure of the Illinois State Legislature. Amendments shall be limited to structural and procedural subjects contained in Article IV.
A 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. It must be signed by the petitioning electors no more than 24 months preceding that general election and shall be filed with the Secretary of State at least six months before that general election. The procedure for determining the validity and sufficiency of a petition shall be provided by law.
If the petition is valid and sufficient, the proposed amendment shall be submitted to the electors at that general election and shall become effective if approved by either three-fifths of those voting on the amendment or a majority of those voting in the election. The vote on the proposed amendment shall be on a separate ballot.
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Federal Constitutional Convention
Illinois voters must be asked at least every 20 years if they desire a constitutional convention. The first Illinois Constitutional Convention was held in August 1818, with 33 delegates from 15 counties meeting in Kaskaskia, the territorial capital. The convention produced the Illinois Constitution of 1818, which governed the state's laws for its first 30 years. The constitution was influenced by neighbouring states, with particular influence from Ohio, Indiana, Kentucky, and Tennessee.
The Sixth Illinois Constitutional Convention took place between December 1969 and September 1970, resulting in the fourth version of the Illinois Constitution, which was ratified in December 1970 and came into effect the following year.
An affirmative vote of three-fifths of the members elected to each house of the General Assembly is required to request Congress to call a Federal Constitutional Convention. Amendments to the constitution must be submitted to the electors at a general election and shall become effective if approved by three-fifths of those voting on the amendment or a majority of those voting in the election.
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Ratifying a proposed amendment
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process.
A proposed amendment must be approved by either three-fifths of those voting on the question or by a majority of those voting in the election. The General Assembly shall not submit proposed amendments to more than three Articles of the Constitution at any one election.
Amendments to Article IV of the Illinois Constitution may be proposed by a petition signed by a number of electors equal to at least eight percent of the total votes cast for candidates for Governor in the preceding gubernatorial election. The petition should contain the text of the proposed amendment and the date of the general election at which the proposed amendment will be submitted. It must be signed by the petitioning electors no more than 24 months before the general 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. It will become effective if approved by either three-fifths of those voting on the amendment or a majority of those voting in the election.
A constitutional convention question can also be placed before the state's voters if 60% of the members of both houses of the Illinois General Assembly vote in favour. If such a question appears on the ballot, it must be approved by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election.
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Frequently asked questions
A state constitution that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
According to Article XIV of the Illinois Constitution, voters must be asked at least every 20 years if they desire a constitutional convention.
A constitutional convention question can be placed on the ballot if 60% of the members of both houses of the Illinois General Assembly vote in the affirmative.
Amendments must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment itself.
Citizens can initiate constitutional amendments through a ballot measure. The number of signatures required for this is equal to 8% of the votes cast for governor in the previous gubernatorial election.
