State Democracy Research Initiative
University of Wisconsin Law School

ILLINOIS

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Outline of Illinois

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. The contents of the ballot are also 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. 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. While no explicit provision is made for judicial review of legislatively referred amendment ballots or related materials, review may be available under other channels.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Illinois

Illinois has constitutional voter initiatives and legislatively referred amendments but does not have statutory initiatives or veto referendums.

X Initiatives – Statutory

√ Initiatives – Constitutional

The people of Illinois reserve a limited, initiative power to amend the state constitution. Ill. Const. art. XIV, § 3. The power is limited in the sense that constitutional initiatives “shall be limited to structural and procedural subjects contained in Article IV,” which pertains to the state legislature. See id.; Ill. Const. art. IV.

X Veto Referendums

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Illinois voters. Ill. Const. art. XIV, § 2.

Election Timing

The precise timing of an election on a proposed constitutional amendment depends on whether it is proposed by an initiative petition or by the legislature, but in all cases, proposed amendments must be submitted to voters at a general election.

  • A constitutional initiative must be submitted to voters at a general election to be specified in the petition, which must be filed with the Secretary of State at least six months before such general election. See Const. art. XIV, § 3.
  • A legislatively referred amendment must be submitted to voters at the next general election occurring at least six months after the proposed amendment is approved by 3/5 of all members elected to each house of the legislature. Const. art. XIV, § 2.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for any proposed constitutional amendment in Illinois must display the following information. See 10 Ill. Comp. Stat. § 5/16-6. Proposed constitutional amendments are submitted to voters on their own ballot, separate from the candidate ballot. See id.

  • A brief caption indicating the article or section of the constitution that is to be amended, above the “yes” or “no” options. See 10 Ill. Comp. Stat. § 5/16-6.
    • For a constitutional initiative, this caption appears to be prepared by the State Board of Elections as the relevant election authority. See 10 Ill. Comp. Stat. §§ 5/16-7, 5/28-4.
    • For a legislatively referred amendment, this is included in the underlying legislative resolution. See 5 Ill. Comp. Stat. § 20/2(a).
  • A brief explanation of the proposed amendment. 10 Ill. Comp. Stat. § 5/16-6; see also id.§ 5/16-7, 5/28-1.
    • For a constitutional initiative, this explanation is approved or prepared by the Attorney General. 10 Ill. Comp. Stat. § 5/16-6. The proponents first draft an explanation and submit it to the Attorney General, who may re-write it for accuracy and fairness. See 5 Ill. Comp. Stat. § 20/2(b).
    • For a legislatively referred amendment, the explanation is prepared by the General Assembly. See 10 Ill. Comp. Stat. § 5/16-6; 5 Ill. Comp. Stat. § 20/2(a).
  • An argument for and an argument against the proposed amendment. See 5 Ill. Comp. Stat. § 20/2(a)–(b).
    • For a constitutional initiative, the initiative’s proponents draft the argument favoring the amendment and the argument against it is drafted by a legislative opponent (or, if none, by another opponent designated by the General Assembly). See 5 Ill. Comp. Stat. § 20/2(a)–(b). Draft arguments are first submitted to the Attorney General, who may re-write for accuracy and fairness. See id. (b).
    • For a legislatively referred amendment, the argument in favor is prepared by the General Assembly; the opposing argument is prepared by the legislative minority (or, if none, by another opponent designated by the General Assembly). See 5 Ill. Comp. Stat. § 20/2(a).

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

X Illinois law does not generally require that information about constitutional initiatives be published in newspapers or similar media, except for voter information pamphlets (discussed below).

  • For legislatively referred amendments, after a proposed amendment has been passed by the General Assembly and at least two months before the next election of General Assembly members, the Secretary of State must publish the following information in qualifying newspapers in each county, for three consecutive weeks. See Ill. Const. art. XIV, § 2(b); 5 Ill. Comp. Stat. § 20/2(c)-(d).
    • The full text of the proposed amendment. See 5 Comp. Stat. § 20/2(c).
    • The form in which the proposed amendment will appear on the ballot. See id.
    • The election at which the proposed amendment will be submitted to voters. See id.

Voter Information Pamphlet

For each proposed constitutional amendment—whether proposed by initiative petition or by the legislature—the Secretary of State must prepare a voter information pamphlet containing the following information. See 5 Ill. Comp. Stat. § 20/2(d).

  • The full text of the proposed amendment.
  • The existing form of the constitutional provision that would be amended.
  • The caption/form by which the proposed amendment will be submitted to voters.
  • The explanation of the amendment that will appear on the ballot.
  • The arguments for and against the amendment that will appear on the ballot.

See id. The pamphlet must be published on the Secretary of State’s website, including an audio version, and must also be available in print on request. Id. Further, a copy must be sent to each mailing address in the state, unless provision is made for distributing a condensed, postcard version. See id. sub. (e)-(f). The pamphlet is typically included in a larger voter guide prepared by the State Board of Elections. See generally 10 Ill. Comp. Stat. § 5/12A-5(10).

JUDICIAL REVIEW

When and how can the court step in?

  • With respect to the submission of a constitutional initiative, Illinois statutes provide that any legal voter of the state may seek judicial review. See generally 10 Ill. Comp. Stat. §§ 5/28-4, 5/28-5, 5/10-8. Objections to initiative petitions must be filed within 42 business days after the petition is filed; the State Board of Elections is tasked with being the first entity to review such objections. See 10 Ill. Comp. Stat. § 5/28-4.
  • For legislatively referred amendments, Illinois law does not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels. See, e.g., , 372 N.E.2d 66, 74 (Ill. 1977) (rejecting a post-election argument that information provided to voters about legislatively referred amendment was false and misleading, without foreclosing similar arguments in the future).