Proposed Constitutional Convention

STATE CONSTITUTION OF 1970


History and Highlights

Illinois’ sixth Constitutional Convention convened in Springfield on Dec. 8, 1969.

One hundred and sixteen members — two elected from each Senatorial District — met

at a nonpartisan convention to revise, alter or amend the 1870 Constitution.

After nine months of in-depth study and debate, the members presented their

work-product to the people — a Constitution they considered to be workable for 25, 50

— or as in the case of the 1870 Constitution — 100 years. Features of the 1970

Constitution are highlighted below:

Bill of Rights. Preserves individual rights set out in the 1870 Constitution — freedom

of speech and religion, protection against self-incrimination, etc., and guarantees

freedom from discrimination on the basis of race, color, creed, national ancestry and sex

in the hiring and promotion practices of an employer or in the sale or rental of property.

Other provisions guarantee women the equal protection of the laws and prohibit

discrimination based solely on physical or mental disabilities.

Suffrage and Elections. Lowered residency requirements, provided that registration

and election laws be general and uniform and provided for a bipartisan board to

supervise the administration of such laws. Reduced the majorities required for adoption

of constitutional amendments and for calling a Constitutional Convention.

Legislative. Designated that the presiding officer of the Senate be elected from the

membership. Vacancies in the General Assembly are filled by appointment as provided

by law, and the appointee serves until the next General Election; the person appointed

is to be a member of the same political party as the member elected. Alternative

methods of reapportionment are outlined in the event the General Assembly fails to

redistrict itself. Most importantly, the General Assembly is required to convene annually.

Executive. Authorized agency reorganization by executive order; this enabled the

Governor to reassign functions or reorganize agencies directly responsible to him. In

addition to the Governor’s veto power over entire pieces of legislation and specific

items in appropriation bills, he has the power to reduce appropriations. The Governor

and Lieutenant Governor run as a team. A Comptroller replaced the Auditor of Public

Accounts; the chief state school officer became appointive (see Education).

Judicial. Retained the elective method of selecting judges and provided for the

reclassification of circuit judges. A Judicial Inquiry Board was created to hear complaints

about the official conduct of judges. The Courts Commission hears complaints

filed by the Judicial Inquiry Board.

Local Government. Instituted the concept of home rule for Illinois. Major local

governments were given wide authority to exercise power and perform functions relating

to their affairs.

Finance. Provided for an annual, balanced executive budget, a uniform system of

accounting for local governments and an Auditor General appointed by the General

Assembly.

Revenue. Provided that any income tax must be at a non-graduated rate and the

rate for corporations cannot exceed the rate for individuals by a ratio greater than 8 to

5. Permitted the classification of real property for tax purposes in counties over 200,000.

Abolished the personal property tax by 1979. Allowed homestead exemptions, exemptions

of food, etc., from the sales tax, etc. Required a three-fifths vote of the Legislature

or voter approval for general obligation borrowing; only a simple legislative majority

is required for revenue bonds.

Education. Stipulated that all persons are to be educated to the limit of their

capacities and gave the state primary responsibility for financing educational institutions

and services. Provided for a State Board of Education. The board appoints the

chief educational officer of the state in lieu of the Superintendent of Public Instruction,

an elective office under the 1870 Constitution.

Constitutional Amendments

The Constitution was adopted in convention, Sept. 3, 1970; ratified by the people,

Dec. 15, 1970; and became effective July 1, 1971. Since its adoption, 10 amendments

have been approved and adopted. A brief explanation of the amended articles follows:

First Amendment — 1980 — Legislative Article (Cutback Amendment).

Eliminated cumulative voting and reduced the size of the House of Representatives

from 177 to 118 members. As of 1970, voters in multi-member legislative districts divided

three votes between candidates for representative, with each district electing three

representatives, no more than two of whom could be from the same party. With the

1982 effective date of the amendment, districts were divided into two single-member

representative districts in which voters cast a single vote for state representative, and

one legislative district from which they cast one vote for senator.

Second Amendment — 1980 — Revenue Article (Delinquent Tax Sales). In an

effort to prevent abuse in scavenger sales by tax delinquent property owners, the minimum

redemption from scavenger sales was reduced to 90 days for vacant non-farm

real estate, improved residential real estate of seven or more units, and commercial and

industrial real estate when at least five years of taxes are delinquent. After adoption of

this amendment, the General Assembly established six months from the date of sale as

the minimum redemption period for properties falling within these classes.

Third Amendment — 1982 — Bill of Rights Article (Bail and Habeas Corpus).

Allows state criminal court judges to deny bail to persons accused of crimes carrying a

possible life sentence. Prior to its passage, only persons accused of an offense punishable

by death could be ineligible for bail.

Fourth Amendment (Amended Third Amendment) — 1986 — Bill of Rights

Article (Bail and Habeas Corpus). Allows state criminal court judges to deny bail to

persons accused of certain crimes when the court determines that the persons may pose

a threat to the community.

Fifth Amendment — 1988 — Suffrage and Elections Article (Voting Quali -

fications). Reduced the voting age for every U.S. citizen voting in state elections from

21 years to 18 years and the permanent state residency requirement from six months to

30 days preceding any election.

Sixth Amendment (Amended Second Amendment) — 1990 — Revenue Article

(Delinquent Tax Sales). Reduced the period of delinquent taxes to two years for the

minimum six-month redemption period following tax sales on delinquent commercial,

industrial, vacant non-farm and large multi-family residential properties only.

Seventh Amendment — 1992 — Bill of Rights Article (Crime Victims’ Rights).

Provides rights for crime victims, beginning with the right to be treated with fairness,

dignity and respect for their privacy throughout the criminal justice process.

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Eighth Amendment — 1994 — Bill of Rights Article (Rights After Indictment).

Changes the rights of the accused in a criminal prosecution by replacing language giving

the accused the right “to meet the witnesses face to face” with language giving the

accused the right “to be confronted with the witnesses against him or her.”

Ninth Amendment — 1994 — Legislative Article (Effective Dates of Laws).

Previously, any bill passed after June 30 could not take effect before July 1 of the following

year unless the bill passed the legislature by a three-fifths vote. This amendment

changed the date when the three-fifths vote requirement takes effect from July 1 to June

1. As a result, any bill passed after May 31 will not take effect until June 1 of the following

year unless the legislature passes it by a three-fifths vote.

Tenth Amendment — 1998 — Judiciary Article (Retirement-Discipline). Adds

two citizens appointed by the Governor to the Illinois Courts Commission. The

Commission, which includes one Supreme Court Justice, two Appellate Court Judges

and two Circuit Judges, hears complaints filed against judges by the Judicial Inquiry

Board.



The 1970 Illinois Constitution mandates that voters decide if the Illinois

Constitution needs to be revised or rewritten every 20 years by convening a Con sti -

tutional Convention. In 1988 voters in the General Election defeated the proposal calling

for a Constitutional Convention. The vote was 75% against. In November 2008, voters

again rejected a call for a Constitutional Convention. The vote was 3,062,365 against the

proposal and 1,493,013 for it.