Omar Bennett
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 must be submitted to voters at a general election. The contents of the ballot are the same regardless of the amendment's source, and voters are sent an informational pamphlet on each proposed amendment. Amendments can be proposed by an initiative petition or by the legislature, and they must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment.
| Characteristics | Values |
|---|---|
| Who can propose amendments? | The people of Illinois, the General Assembly, and the state legislature |
| How are amendments proposed? | Constitutional convention, legislative process, citizen-initiated process, and legislatively referred amendments |
| What is the threshold for approval? | Three-fifths of those voting on the amendment or a majority of those voting in the election |
| When are amendments proposed? | The timing depends on whether it is proposed by an initiative petition or the legislature, but it must be submitted to voters at a general election |
| What information must be included on the ballot? | A caption indicating the article or section of the constitution to be amended, "yes" or "no" options, a brief explanation of the amendment, and arguments for and against the amendment |
| Are there any additional requirements for the ballot? | The ballot must also include an informational pamphlet on each proposed amendment, and information about legislatively referred amendments must be published in newspapers |
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What You'll Learn
Constitutional convention
The Illinois Constitution provides four mechanisms for amending the state constitution—a constitutional convention, a legislative process, and a citizen-initiated process. A constitutional convention question is automatically put before the state's voters every 20 years, starting in 1918. The last time this occurred was in 2008, with the measure being defeated by a wide margin.
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 majority of those who cast a ballot for any office in that election.
The Sixth Illinois Constitutional Convention, which took place in 1970, is an example of a constitutional convention. The resulting fourth version of the Illinois Constitution was ratified by special election on December 15, 1970, and went into effect on July 1, 1971. The 1970 Constitution provided "a more efficient and economical government structure" than its predecessor. For example, the lieutenant governor was no longer the presiding officer of the Illinois Senate, and legislators met in annual sessions rather than for six months in odd-numbered years.
Since the new constitution’s provisions became effective, Senate and House members have introduced almost 1,300 proposed amendments, including one to allow convicts to vote.
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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 legislatively referred amendments.
The legislative process for amending the Illinois Constitution involves the following steps:
- Proposal by the General Assembly: The General Assembly, consisting of the House of Representatives and the State Senate, proposes an amendment. A supermajority vote of 60% in both houses is required to initiate the process.
- Publication and Explanation: The proposed amendment is published and explained to the public at least one month before the election. The explanation includes arguments for and against the amendment, drafted by the relevant legislative parties and approved by the Attorney General for accuracy and fairness.
- Voting by Electors: The proposed amendment is submitted to the electors (voters) at a general election. It must be included on a separate ballot from any candidate elections and can only amend Article IV of the Illinois Constitution, which pertains to the structure of the state legislature.
- Approval by Electors: For the amendment to become effective, it must be approved by either three-fifths of those voting specifically on the amendment or a majority of those voting in the general election.
- Timing: The legislative process for amending the Illinois Constitution cannot be undertaken more than three times during a single election. Additionally, the constitution requires that a question about holding a constitutional convention be presented to voters at least every 20 years, starting in 1918.
It is important to note that the legislative process for amending the Illinois Constitution is just one of several methods available for making changes to the state's fundamental governing document.
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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. An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Citizens in 18 states, including Illinois, can initiate constitutional amendments.
The citizen-initiated process for proposing amendments to the Illinois Constitution involves a petition process. The 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. 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 number of signatures required for an initiated constitutional amendment in Illinois is equal to 8% of the votes cast for governor in the previous gubernatorial election.
The contents of the ballot are the same regardless of the amendment's source, although the entity responsible for drafting the contents is different. In addition to an explanation of the amendment, the ballot also includes arguments for and against each amendment. The explanation for a constitutional initiative is approved or prepared by the Attorney General, while the argument in favour is drafted by the initiative's proponents, and the argument against is drafted by a legislative opponent (or another opponent designated by the General Assembly if there is none).
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Legislatively referred amendments
In Illinois, there are four mechanisms for amending the state constitution: a constitutional convention, a legislative process, a citizen-initiated process, and legislatively referred amendments. This response will focus on the latter.
For a legislatively referred amendment to be placed on the ballot in Illinois, there are specific procedural requirements. Firstly, the amendment must receive sufficient legislative support. According to Article XVI, a 60% vote is required during one legislative session in the Illinois General Assembly to propose a constitutional amendment. This translates 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 legislatively referred amendment clears the legislative hurdle, it is then presented to the voters for their decision. The amendment must be submitted to the voters at a general election, ensuring that the people have a direct say in altering their constitution. The ballot for a legislatively referred amendment includes several key components. Firstly, it must contain a brief caption indicating the article or section of the constitution that the amendment seeks to modify, with "yes" or "no" options for voters to choose from. Additionally, the ballot must provide a concise explanation of the proposed amendment, allowing voters to understand the nature of the change.
To aid voters in making an informed decision, the ballot also includes arguments for and against the proposed amendment. In the case of legislatively referred amendments, the argument in favour is prepared by the General Assembly, while the opposing argument is crafted by the legislative minority or another designated opponent if there is no legislative minority. These arguments are subject to review by the Attorney General, who may modify them to ensure accuracy and fairness. The contents of the ballot, including the explanations and arguments, must also be published in newspapers, providing voters with easy access to the information.
In summary, legislatively referred amendments in Illinois provide a pathway for the state legislature to propose changes to the state constitution and involve voters directly in the amendment process. Through this mechanism, the legislature initiates the amendment, but the ultimate decision rests with the voters, who express their preference at a general election. The process includes safeguards to ensure transparency and voter education, such as publishing ballot contents and arguments in newspapers, reinforcing the democratic nature of constitutional reform in Illinois.
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Constitutional initiatives
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process. An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen states 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 governor 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.
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. 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 the affirmative. If such a question does appear on the ballot, it must be affirmed 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 ballot for any proposed constitutional amendment in Illinois must display the following information: a brief caption indicating the article or section of the constitution that is to be amended, above the "yes" or "no" options; a brief explanation of the proposed amendment; and an argument for and against the proposed amendment. For a constitutional initiative, the explanation is approved or prepared by the Attorney General, and the proponents of the initiative draft the argument in favor, with the argument against drafted by a legislative opponent.
Illinois has constitutional initiatives and legislatively referred amendments but does not have statutory initiatives or veto referendums. The precise timing of an election depends on whether the amendment was proposed by an initiative petition or by the legislature, but regardless, it must be submitted to voters at a general election. In addition to an explanation of the amendment, the ballot also includes arguments for and against each amendment. Voters are also sent an informational pamphlet on each proposed amendment. However, only information about legislatively referred amendments is required to be published in newspapers. Illinois law explicitly contemplates judicial review relating to constitutional initiatives.
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Frequently asked questions
Amendments to the Illinois Constitution can be proposed by the people of Illinois, the General Assembly, or by a constitutional convention.
The process for amending the Illinois Constitution is outlined in Article XIV of the constitution, which is titled "Constitutional Revision". Amendments can be proposed through a constitutional convention, a legislative process, or a citizen-initiated process.
For a citizen-initiated amendment, a petition must 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 electors and filed with the Secretary of State at least six months before the election. The number of signatures required is 8% of the votes cast for governor in the previous gubernatorial election.
After a proposed amendment is submitted, it must be approved by Illinois voters at a general election. The ballot for the proposed amendment must include the text of the amendment, a brief explanation, and arguments for and against the amendment.
The Illinois Constitution has been amended 15 times. Voters last approved a new amendment on November 8, 2022, with the approval of Amendment 1.
