Simone Lawson
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 a three-fifths vote of members elected to each house are submitted to the electors at the next general election. Amendments must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment. The Illinois Constitution also addresses local government, judicial offices, and the rights and duties of public bodies.
| Characteristics | Values |
|---|---|
| Number of signatures required for an initiated constitutional amendment | 8% of votes cast for governor in the previous gubernatorial election |
| Scope of amendments | Limited to structural and procedural subjects contained in Article IV |
| Approval required | Majority of those voting in the election or three-fifths of those voting on the amendment |
| Legislative process | Amendments approved by three-fifths of members elected to each house |
| Submission to electors | At the general election next occurring at least six months after legislative approval |
| Publication of proposed amendments | At least one month before the vote |
| Voting procedure | Separate ballot for each proposed amendment |
| Effective date | When approved by three-fifths of those voting on the question or a majority of those voting in the election |
| Frequency of constitutional convention question | Every 20 years starting in 1918 |
| Affirmation procedure | Supermajority vote of 60% or a majority of those who cast a ballot in the election |
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What You'll Learn
Illinois Constitution Article XIV
Article XIV of the Illinois Constitution outlines the process for amending the state's constitution and addresses amendments to the Constitution of the United States.
Amendments to the Illinois Constitution
According to Article XIV, amendments to the Illinois Constitution must be limited to structural and procedural subjects contained in Article IV. The process for proposing and approving amendments involves several steps:
- A petition for an amendment must include the text of the proposed amendment and the date of the general election at which the amendment will be submitted. It must be signed by petitioning electors within 24 months preceding the election and filed with the Secretary of State at least six months before the election.
- The validity and sufficiency of the petition are determined according to the law. If the petition is valid and sufficient, the proposed amendment advances to the next stage.
- Amendments require the approval of three-fifths of the members elected to each house of the General Assembly (a 60% vote) to be submitted to the electors at the next general election. This amounts to a minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate.
- Proposed amendments must be published with explanations at least one month before the vote by the electors. The vote on the amendment takes 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 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.
Amendments to the Constitution of the United States
Article XIV also addresses the process for amending the Constitution of the United States:
An affirmative vote of three-fifths of the members elected to each house of the General Assembly is required to request several actions related to amending the US Constitution:
- Calling a Federal Constitutional Convention.
- Ratifying a proposed amendment to the US Constitution.
- Calling a State Convention to ratify a proposed amendment to the US Constitution.
- The General Assembly will not take action on any proposed amendment to the US Constitution submitted for ratification by state legislatures unless a majority of the members of the General Assembly were elected after the proposed amendment was submitted for ratification.
- The requirements outlined in Article XIV are subject to the requirements established by the United States for amending its Constitution.
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Amendments approved by three-fifths of members
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 three-fifths of the members elected to each house of the General Assembly are submitted to the electors at the general election. This occurs at the next general election that is held at least six months after legislative approval, unless withdrawn by a majority of house members. Amendments approved by three-fifths of members include those related to requesting a Federal Constitutional Convention, ratifying a proposed amendment to the US Constitution, or calling a State Convention to ratify a proposed amendment to the US Constitution.
Amendments proposed by the General Assembly must be published with explanations at least one month before the vote and voted on via a separate ballot. A proposed amendment can become effective if approved by three-fifths of those voting on it or a majority of those voting in the election. The General Assembly is also limited to submitting proposed amendments to a maximum of three Articles of the Constitution in any one election.
In addition, the Illinois Constitution requires that amendments be limited to structural and procedural subjects contained in Article IV. 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. It must be signed by petitioning electors within 24 months before the election and filed with the Secretary of State at least six months before the election. If the petition is valid, the proposed amendment is submitted to the electors at that election and becomes effective with approval by three-fifths of those voting on the amendment.
Furthermore, a constitutional convention question can be placed before Illinois voters if 60% of both houses of the General Assembly vote in favour. This question automatically appears on the state's ballot every 20 years, starting in 1918. If the question is included on the ballot, it must be affirmed by a supermajority vote of 60% of those voting on the question or a simple majority of those voting in the election.
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Amendments proposed by the General Assembly
In Illinois, amendments proposed by the General Assembly must be published with explanations at least one month before the vote. The vote on the proposed amendment(s) must be on a separate ballot. A proposed amendment will become effective as per the amendment's provisions if approved by either three-fifths of those voting on the question 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. Amendments are limited to structural and procedural subjects contained in Article IV. A petition must contain the text of the proposed amendment, the date of the general election at which the amendment will be submitted, and must be signed by petitioning electors not more than 24 months before the election. The petition must be 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 that general election.
An example of an amendment proposed by the General Assembly is the 226th General Assembly of the Presbyterian Church (U.S.A.), which approved changes to the Book of Order and an ecumenical agreement with the Episcopal Church. The changes proposed by the General Assembly were then sent to the presbyteries for their affirmative or negative votes. The amendments included changes to two different sections of the Book of Order concerning LGBTQ inclusion. Amendment 24-A added sexual orientation and gender identity to the list of categories protected from discrimination within the church. Amendment 24-C recommended the examination of these principles of diversity as a component of ordination and installation.
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Citizen-initiated constitutional amendment
In the United States, a ballot measure can make it onto the ballot through one of three means: citizen initiative, legislative referral, or automatically in some states. Citizen-initiated constitutional amendments are allowed in 18 states, with 16 allowing direct initiatives and 2 allowing indirect initiatives. Direct initiatives go to the voters, while indirect initiatives go through the state legislature first before reaching the voters.
Illinois is one of the states that allows citizen-initiated constitutional amendments. In Illinois, amendments are 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 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 that general election. For the 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.
To get a citizen-initiated constitutional amendment on the ballot, proponents of a ballot initiative must collect a certain minimum number of petition signatures from registered voters in a state. The signature requirement varies based on the districts targeted for signature collection. For example, to suspend the enactment of a targeted law until the election, 126,838 valid signatures are required, while 232,072 valid signatures are needed to require two rounds of signatures to get an initiated statute on the ballot.
In addition to citizen-initiated constitutional amendments, some states also allow for indirect initiatives, legislative referrals, or automatic ballot measures. It's important to note that each state has different requirements for getting an issue on the ballot, and the process can vary even within a state for different types of initiatives.
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Constitutional convention
The Illinois Constitution outlines the procedures for amending the state's constitution. Amendments to the Illinois Constitution are approved by a vote of three-fifths of the members elected to each house of the General Assembly, which is composed of six elected officers. The General Assembly is responsible for proposing amendments, which must be published with explanations at least one month before the vote. The amendments are then voted on by the electors at the next general election, provided that at least six months have passed since the legislative approval.
The Illinois Constitution also allows for amendments to be proposed by citizen initiative. A petition must contain the text of the proposed amendment and the date of the general election at which it will be submitted. The petition must be signed by a sufficient number of electors and filed with the Secretary of State at least six months before the election. If the petition is valid, the proposed amendment is submitted to the electors and becomes effective if approved by three-fifths of those voting on the amendment or a majority of those voting in the election.
Additionally, the General Assembly can request a Federal Constitutional Convention or a State Convention to propose amendments to the Constitution of the United States. This requires an affirmative vote of three-fifths of the members elected to each house of the General Assembly. The governor of Illinois, who is directly elected and serves four-year terms, is responsible for enacting laws passed by the General Assembly and has the power to appoint members to the Judicial Inquiry Board, which investigates complaints concerning judges.
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Frequently asked questions
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process. Amendments must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment itself.
Amendments proposed by the General Assembly must be published with explanations at least one month before the vote. A proposed amendment shall become effective if approved by three-fifths of those voting on the question or a majority of those voting in the election.
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 governor in the previous gubernatorial election.
According to Article XIV of the Illinois Constitution, a question about whether to hold a constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1918. 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 the affirmative.
