Jonah Patel
In Illinois, citizens have the power to initiate constitutional amendments, but not state statutes or veto referendums. A 60% vote is required during one legislative session for the Illinois General Assembly to place a constitutional amendment on the ballot. This amounts to a minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate. In 2020, the Illinois Allow for Graduated Income Tax Amendment was on the ballot as a legislatively referred constitutional amendment, but it was defeated. In 2022, the Illinois Right to Collective Bargaining Measure was on the ballot as a legislatively referred constitutional amendment and was approved.
| Characteristics | Values |
|---|---|
| Name | Illinois Amendment 1, Right to Collective Bargaining Measure |
| Date | November 8, 2022 |
| Type | Legislatively referred constitutional amendment |
| Supermajority requirement | 60% of votes on the ballot measure or a simple majority of all those voting in the election |
| Number of votes received | 71% approved, 29% rejected |
| Number of advisory questions | 3 |
| Number of citizen-initiated measures | 0 |
| Minimum number of votes required in the Illinois House of Representatives | 71 |
| Minimum number of votes required in the Illinois State Senate | 36 |
| Number of votes received in the Illinois Senate | 49-7 |
| Number of votes received in the Illinois House of Representatives | 80-30 |
| Similarity to other state constitutions | 27 states have right-to-work laws, 23 states do not |
| Support | Vote Yes For Fairness, Vote Yes for Fair Tax, Yes to a Financially Responsible Illinois PACs |
| Opposition | Vote No On The Blank Check Amendment, Coalition To Stop The Proposed Tax Hike, Chambers Against Progressive Income Tax, Vote No on the Progressive Tax PACs |
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What You'll Learn
Illinois Amendment 1, Right to Collective Bargaining Measure
Illinois Amendment 1, also known as the Right to Collective Bargaining Measure, was a ballot measure in Illinois that appeared on the November 8, 2022, ballot as a legislatively referred constitutional amendment. The measure sought to amend the Illinois Constitution to guarantee employees' fundamental right to organize and bargain collectively through representatives of their choosing. This would allow employees to negotiate wages, hours, and working conditions, and protect their economic welfare and safety at work.
The amendment specifically aimed to prohibit any law that "interferes with, negates, or diminishes" employees' rights to collective bargaining. This includes laws such as right-to-work laws, which allow employees to opt out of paying union fees and being subject to union requirements. The amendment was designed to protect employees from anti-union initiatives and make it easier for them to unionize.
The Illinois Right to Collective Bargaining Amendment was introduced into the Illinois General Assembly as Senate Joint Resolution 11 (SJR 11) on May 7, 2021. It received strong support and opposition from different groups. The Illinois Senate voted 49-7 to pass SJR 11 on May 21, 2021, while the Illinois House of Representatives voted 80-30 to pass it on May 26, 2021. The amendment required a supermajority of 60% voter approval to alter the state constitution.
Supporters of the amendment included the Illinois Federation of Teachers, other local unions, and Democratic lawmakers. They argued that Amendment 1 would enshrine the right to unionize and protect employees from laws that hinder collective bargaining. On the other hand, opponents of the amendment included the Illinois Policy Institute and the Illinois Republican Party. They argued that the amendment would give too much power to unions and potentially block reforms. Despite the opposition, voters approved the amendment with 71% of the vote.
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Right-to-work laws
In Illinois, citizens have the power to initiate constitutional amendments, but not state statutes or veto referendums. Initiatives are restricted to amending Article IV of the Illinois Constitution, which addresses the structure of the Illinois State Legislature.
Illinois Amendment 1, also known as the Right to Collective Bargaining Measure, was on the ballot in Illinois as a legislatively referred constitutional amendment on November 8, 2022. This amendment was designed to prohibit any law that "interferes with, negates, or diminishes the right of employees to organize and bargain collectively". In essence, it would ban right-to-work laws, which mandate that no person can be compelled to pay dues to or join a labour union as a condition of employment. As of 2021, 27 states had right-to-work laws, while 23 states, including Illinois, did not.
The Illinois Constitution requires a 60% vote in each chamber of the Illinois General Assembly during one legislative session to place a constitutional amendment on the ballot. This amounts to a minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate. The Illinois Right to Collective Bargaining Amendment surpassed this requirement, receiving 80 votes in favour in the House and 49 in the Senate.
The amendment was approved by voters, with 71% in favour and 29% against. This outcome means that employers in Illinois can require workers to pay dues to unions as a condition of employment.
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Illinois constitutional amendment requirements
The Illinois Constitution is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The Constitution has a preamble, 14 articles, and a schedule.
Article XIV of 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. Illinois is one of 14 states that provides for an automatic constitutional convention question. 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 simple majority of those who cast a ballot in that election.
An initiated constitutional amendment is a citizen-led ballot measure that amends a state's constitution. Illinois is one of 18 states that allow citizens to initiate constitutional amendments. For an initiated constitutional amendment in Illinois, the number of signatures required is equal to 8% of the votes cast for governor in the previous gubernatorial election. Initiated measures in Illinois can only amend Article IV of the Illinois Constitution, which deals with 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.
A legislatively referred constitutional amendment is when the state legislature refers a constitutional amendment to the ballot for voters to decide. In Illinois, a 60% vote is required in each chamber of the Illinois General Assembly during a legislative session to refer a constitutional amendment to the ballot. This amounts to a minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate. Amendments do not require the governor's signature to be referred to the ballot.
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Illinois Allow for Graduated Income Tax Amendment
The Illinois Allow for Graduated Income Tax Amendment, also known as the "Fair Tax", was a ballot measure in Illinois on November 3, 2020. The ballot measure was defeated, failing to meet the supermajority requirement of 60% of votes cast on the ballot measure or a simple majority of all those voting in the election.
The amendment would have repealed the state's constitutional requirement that the state's personal income tax is a flat rate across all income levels. Instead, it would have allowed the state to enact legislation for a graduated income tax, taxing higher incomes at a higher rate. Illinois is one of 11 US states with a flat income tax, while 32 states use graduated income taxes.
Proponents of the amendment argued that it would reduce income inequality and address the state's fiscal crisis by taxing the highest earners at a rate proportionate to their income growth. Trisha Crowley, president of the League of Women Voters of Champaign County, stated that the current system places an "unjust burden" on the poorest residents, with the bottom 20% of wage earners paying almost twice as much of their total income for state and local taxes as the top 20%.
Opponents of the amendment argued that the current flat-rate tax is inherently fairer as everyone pays the same rate, and tax increases impact everyone uniformly. The Illinois Chamber of Commerce stated that a flat-rate tax does not promote "divisive class warfare rhetoric" or encourage the redistribution of income. Opponents also raised concerns about the potential negative impact on jobs and the economy, particularly small businesses, which could hinder the state's recovery from COVID-19 restrictions.
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Illinois citizen-initiated constitutional amendments
The Illinois Constitution has been amended 15 times, with the most recent amendment being approved on November 8, 2022. In Illinois, a constitutional amendment requires a 60% vote in each chamber of the Illinois General Assembly during a single legislative session. The Illinois 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.
Article III of the Illinois Constitution, "Suffrage and Elections," describes voting qualifications and other election rules. Article IV, "The Legislature," provides rules for the Illinois General Assembly. Article V, "The Executive," outlines the rules governing the six state-elected offices, including the Illinois Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. Article VI, "The Judiciary," vests the power of the judiciary branch in three courts: the Supreme Court of Illinois, the Illinois Appellate Court, and the circuit or trial courts of Illinois.
Illinois is one of 14 states that automatically provide for a constitutional convention question to appear on the state's ballot every 20 years, starting in 1918. A constitutional convention question can also be placed before the voters if 60% of the members of both houses of the Illinois General Assembly agree. 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 in that election.
The Illinois Right to Collective Bargaining Measure, or Amendment 1, was on the ballot in Illinois as a legislatively referred constitutional amendment on November 8, 2022, and was approved. This amendment was designed to prohibit any law that "interferes with, negates, or diminishes the right of employees to organize and bargain collectively," such as requiring union membership as a condition of employment. It effectively prohibits right-to-work laws in Illinois, which mandate that no person can be compelled to pay dues to or join a labour union as a condition of employment.
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Frequently asked questions
In Illinois, citizens have the power to initiate constitutional amendments, but not state statutes or veto referendums. Initiatives are restricted to amending Article IV of the Illinois Constitution, which addresses the structure of the Illinois State Legislature.
A 60% vote is required during one legislative session for the Illinois General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
The Illinois Allow for Graduated Income Tax Amendment was on the ballot in Illinois as a legislatively referred constitutional amendment on November 3, 2020. The ballot measure was defeated. Another example is Amendment 1, the Illinois Right to Collective Bargaining Measure, which was on the ballot in Illinois on November 8, 2022, and was approved.
