Simone Lawson
The Illinois Constitution has been amended 15 times since its adoption in 1970. It outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Two ways to amend the Illinois Constitution are through a constitutional convention and a legislative process. A constitutional convention is automatically considered every 20 years, and a legislative process involves a proposed amendment approved by three-fifths of the members of each house, followed by a majority vote in the general election.
| Characteristics | Values |
|---|---|
| Number of ways to amend the Illinois Constitution | 4 |
| Ways to amend the Illinois Constitution | Constitutional convention, legislative process, citizen-initiated process, and federal constitutional convention |
| Frequency of asking Illinois voters if they desire a constitutional convention | Every 20 years |
| Minimum number of signatures required for an initiated constitutional amendment | 8% of votes cast for governor in the previous gubernatorial election |
| Minimum vote required for the Illinois General Assembly to place a constitutional amendment on the ballot | 60% |
| Minimum number of votes in the Illinois House of Representatives for the Illinois General Assembly to place a constitutional amendment on the ballot | 71 |
| Minimum number of votes in the Illinois State Senate for the Illinois General Assembly to place a constitutional amendment on the ballot | 36 |
| Minimum approval required for a proposed amendment to become effective | 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
The Illinois Constitution provides four mechanisms for amending the state constitution, one of which is a constitutional convention.
Article XIV of the Illinois Constitution, titled "Constitutional Revision", stipulates that Illinois voters must be asked at least every 20 years if they desire a constitutional convention. The last time this measure was put to a vote was in 2008, when it failed with 67% voting against it.
The Sixth Illinois Constitutional Convention, which took place from 1969 to 1970, resulted in the fourth and current version of the Illinois Constitution. This version was ratified by special election on December 15, 1970, and went into effect on July 1, 1971.
The Illinois Constitution has been amended 15 times, with the most recent amendment approved by voters on November 8, 2022.
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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 constitutional amendment. This response will focus on the legislative process.
The legislative process allows the state Legislature to refer constitutional amendments to the ballot for voters to decide. This process is facilitated by Article XVI, which enables the Illinois General Assembly to place a constitutional amendment on the ballot with a 60% vote during a single legislative session. This equates 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 must be published with explanations at least one month before the electors' vote. The amendment will then be put to a vote at the next general election, occurring at least six months after legislative approval, unless withdrawn by a majority vote of the members elected to each house.
For an amendment to be adopted, it must be approved by either three-fifths of those voting on the amendment 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.
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Citizen-initiated process
The Illinois Constitution provides four mechanisms for amending the state constitution, one of which is through a citizen-initiated process. This process, also known as an initiated constitutional amendment, allows citizens to propose changes to the state's governing document, which outlines the state's framework for governance, powers, structure, limitations of state government, individual and civil rights, and other matters.
The citizen-initiated process in Illinois requires several steps to be successfully completed. Firstly, a petition must be created and circulated. This petition must include the text of the proposed amendment, as well as the date of the general election at which the amendment will be voted on. The number of signatures required for this petition is crucial; it must be signed by a number of electors equal to or exceeding 8% of the votes cast for the governor in the previous gubernatorial election. These signatures must also be collected within a specific time frame, no more than 24 months preceding the general election. Once the petition has the requisite number of valid signatures, it must be filed with the Secretary of State at least six months before the general election.
If the petition meets all the legal requirements, the proposed amendment then moves forward to the next stage. The proposed amendment will be included on the ballot during the next general election, provided it meets the timing requirements outlined earlier. At this stage, voters have the opportunity to cast their votes on the proposed amendment. For the amendment to be approved and enacted, it must receive support from either three-fifths of those specifically voting on the amendment or a simple majority of all voters participating in the election.
It is important to note that the citizen-initiated process in Illinois can only be used to amend Article IV of the Illinois Constitution. This particular article pertains specifically to the structure of the Illinois State Legislature. Amendments through this process cannot address other aspects of the constitution that fall outside the scope of Article IV.
The citizen-initiated process empowers the citizens of Illinois to take an active role in shaping the state's constitution. By gathering signatures, proposing amendments, and voting, citizens can directly influence the laws and framework that govern their state. This process underscores the democratic ideals of citizen participation and engagement in the legislative process.
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A Federal Constitutional Convention
The Illinois Constitution provides four mechanisms for amending the state constitution, including through a Federal Constitutional Convention. This is a process that begins with an affirmative vote of three-fifths of the members elected to each house of the General Assembly. This vote serves to request a convention, ratify a proposed amendment, or call a State Convention to ratify a proposed amendment.
The Illinois Constitution requires that voters be asked at least every 20 years if they desire a constitutional convention. The last time this measure was put to a vote was in 2008, and it failed with 67% voting against it. The vote in 1988 also failed, with 2,727,144 votes against and only 900,109 for. In 2008, there was another effort by citizens to support a convention, but it was defeated by a wide margin of 3,062,724 against and 1,493,203 for.
The current Illinois Constitution has been amended 15 times. The fourth and most recent version of the constitution was adopted in 1970 and ratified by a special election on December 15, 1970, going into effect on July 1, 1971. The constitution includes a preamble and 14 articles, with important features such as the creation of home rule powers for larger municipalities and the prohibition of discrimination based on sex or physical or mental handicaps.
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Ratification by the General Assembly
The Illinois Constitution of 1970 has been amended 15 times. The constitution outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
One way to amend the Illinois Constitution is through Ratification by the General Assembly, a legislative process. This method involves the following steps:
Proposal and Publication of Amendments
The General Assembly proposes amendments to the constitution. These proposed amendments must be published and explained to the public at least one month before the electors vote on them. The amendments can only be proposed to up to three Articles of the Constitution at any one election.
Voting on Amendments
The amendments are then put to a vote, either at the next general election (which must occur at least six months after legislative approval) or at a special election. The amendments require the approval of either three-fifths of those voting specifically on the amendment or a majority of those voting in the election overall to pass.
Implementation of Amendments
Once an amendment is approved, it becomes effective as per its own provisions. However, some provisions may not take effect immediately and can have a delayed implementation, as seen with the 1970 Constitution, where some provisions did not take effect until several years after ratification.
Limitations and Conditions
The General Assembly cannot take action on any proposed amendment unless a majority of its members were elected after the amendment was submitted for ratification. Additionally, amendments are limited to structural and procedural subjects contained in Article IV of the Constitution.
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