Eleanor Finch
The Illinois Constitution has four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process. Amendments to the Illinois Constitution are typically initiated in either house of the General Assembly and must receive three-fifths approval in each house. If approved, the proposed amendment is submitted to the electors at the next general election, where it must be approved by either three-fifths of those voting on the amendment or a majority of those voting in the election. Amendments can also be proposed by citizens, with the number of signatures required for an initiated constitutional amendment equal to 8% of the votes cast for the governor in the previous gubernatorial election.
| Characteristics | Values |
|---|---|
| Number of signatures required for an initiated constitutional amendment | 8% of votes cast for governor in the previous gubernatorial election |
| Articles that can be amended by citizens | Article IV |
| 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 votes required in each house of the General Assembly for a constitutional convention question to be placed before voters | 60% |
| Minimum affirmative vote required for a constitutional convention, to ratify a proposed amendment to the Constitution of the United States, or to call a State Convention to ratify a proposed amendment to the Constitution of the United States | Three-fifths of the members elected to each house of the General Assembly |
| Minimum votes required for a proposed amendment to be approved | Three-fifths of those voting on the amendment or a majority of those voting in the election |
| Minimum time between a petition being filed with the Secretary of State and the general election | Six months |
| Maximum time between signatures on a petition being collected and the general election | Twenty-four months |
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What You'll Learn
Illinois Constitution Article XIV
Article XIV of the Illinois Constitution outlines the process for amending the Constitution of the United States and the state's constitution.
Section 3 of Article XIV allows for a limited initiative procedure to propose amendments specifically to Article IV (The Legislature) of the Illinois Constitution. To propose an amendment, a petition must be filed with the Secretary of State. This petition must include the text of the proposed amendment, the date of the general election at which the amendment will be voted on, and must be signed by petitioning electors within the preceding 24 months of the election. The petition must be filed at least six months before the election, and its validity will be determined by law. If the petition is deemed valid, the proposed amendment will be included on the ballot and will become effective if it is approved by either three-fifths of those voting on the amendment or by a majority of those voting in the election.
Additionally, Article XIV specifies that an affirmative vote of three-fifths of the members of each house of the General Assembly is required to request certain actions related to constitutional amendments. This includes calling a Federal Constitutional Convention, ratifying a proposed amendment to the US Constitution, or convening a State Convention to ratify an amendment. The General Assembly will not take action on any proposed amendment submitted for ratification by state legislatures unless a majority of its members have been elected after the amendment was submitted for ratification.
Amendments approved by a three-fifths vote in each house of the General Assembly will be submitted to the electors at the next general election, provided it occurs at least six months after legislative approval and is not withdrawn by a majority vote in each house. Proposed amendments must be published with explanations at least one month before the vote, and the vote on the amendment will take place on a separate ballot. For an amendment to become effective, it must be approved by either three-fifths of those voting on the amendment or by a majority of those voting in the election.
Furthermore, the General Assembly is restricted from submitting proposed amendments to more than three articles of the Constitution in a single election. No amendments may be proposed or submitted under this section once a Convention has been called until after the electors have voted on the call.
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Legislative process
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, a citizen-initiated process, and a convention-referred process. This response will focus on the legislative process.
The legislative process for amending the Illinois Constitution typically begins in either house of the General Assembly. A proposed amendment must receive three-fifths approval in each house (60% of the members of both houses of the Illinois General Assembly). If approved, the proposed amendment is submitted to the electors at the next general election, provided it occurs at least six months after the legislative approval. Before the vote, the proposed amendment must be published with explanations at least one month in advance, and the vote on the amendment must be on a separate ballot.
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. It is important to note that the General Assembly cannot propose amendments to more than three Articles of the Constitution in a single election. Additionally, the General Assembly may not take action on any proposed amendment submitted for ratification unless a majority of its members were elected after the proposed amendment was submitted.
The legislative process also allows for the referral of constitutional amendments to the ballot for voters to decide. This process requires a 60% vote during one legislative session, amounting to a minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate, assuming no vacancies.
The Illinois Constitution also outlines specific procedures for certain amendments, such as those related to grand jury powers and voting qualifications. These amendments are adopted through a general election, with the approval of the voters.
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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. 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. All amendments must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment itself.
A petition shall contain the text of the proposed amendment and the date of the general election at which the proposed amendment will be submitted. The petition must be signed by the petitioning electors not 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. 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 Illinois Constitution and state statutes also determine the existence, form, function, and powers of local government, including home rule for qualifying local governments. The constitution declares and guarantees the people's rights and liberties, and it establishes the framework or structure of the government. It follows the classic pattern of separation of powers between the three branches of government: legislative, executive, and judicial.
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Federal Constitutional Convention
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, a citizen-initiated process, and a Federal Constitutional Convention.
A Federal Constitutional Convention is called by the affirmative vote of three-fifths of the members elected to each house of the General Assembly. This process is used to ratify a proposed amendment to the Constitution of the United States or to call a State Convention to ratify a proposed amendment. The General Assembly will not take action on any proposed amendment unless a majority of its members were elected after the proposed amendment was submitted for ratification.
The Illinois Constitution also provides for an automatic constitutional convention question to appear on the state's ballot every 20 years, starting in 1918. This question can also be placed before the voters if 60% of the members of both houses of the General Assembly vote in favour. If the question appears on the ballot, it must be approved by 60% of those voting on the question or a majority of those who cast a ballot in that election.
The legislative process for amending the Illinois Constitution typically begins in either house of the General Assembly and must receive three-fifths approval in each house. If approved, the proposed amendment is submitted to the electors at the next general election, provided it is at least six months after legislative approval. The amendment becomes effective if approved by three-fifths of those voting on it or a 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.
The citizen-initiated process for amending the Illinois Constitution requires a petition to be signed by a number of electors equal to 8% of the votes cast for governor in the previous gubernatorial election. The petition must contain the text of the proposed amendment and the date of the general election at which it will be submitted, and it must be filed with the Secretary of State at least six months before that election. If the petition is valid, the proposed amendment is submitted to the electors at that general election and becomes effective if approved by three-fifths of those voting on it 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 amendment or by a majority of those voting in that election. This approval can be achieved through a general election, with the proposed amendment submitted to the electors at the next general election, provided that the legislative approval was obtained at least six months prior. Alternatively, a Federal Constitutional Convention can be called to ratify a proposed amendment.
To request a Federal Constitutional Convention, or to ratify a proposed amendment, the affirmative vote of three-fifths of the members elected to each house of the General Assembly is required. The General Assembly will not take action on any proposed amendment submitted for ratification unless a majority of the members of the General Assembly were elected after the proposed amendment was submitted.
The Illinois Constitution also allows for a citizen-initiated constitutional amendment, with requirements including signatures from 8% of voters in the previous gubernatorial election. All amendments must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment itself.
Finally, 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 favour. If the question is approved by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot in that election, a convention will be called.
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Frequently asked questions
The Illinois Constitution is the current, fourth state constitution, which was written and approved by voters in 1970. It establishes the framework for the government, including the separation of powers between the legislative, executive, and judicial branches.
The Illinois Constitution can be amended through a constitutional convention, a legislative process, or a citizen-initiated process. Amendments must be approved by three-fifths of each house of the General Assembly or a majority of voters in the election.
A question about whether to hold a constitutional convention automatically appears on the state's ballot every 20 years, with the next one due in 2028. A constitutional convention can also be called if 60% of both houses of the General Assembly vote in favour.
A citizen-initiated amendment requires signatures from 8% of voters who took part in the previous gubernatorial election. The petition must contain the text of the proposed amendment and the date of the general election at which it will be submitted. If valid, the amendment will be submitted to the electors and must be approved by three-fifths of those voting on it or a majority of those voting in the election.
