Constitution of the State of Illinois
Adopted at special election on December 15, 1970
PREAMBLE
We, the People of the State of Illinois - grateful to
Almighty God for the civil, political and religious liberty
which He has permitted us to enjoy and seeking His blessing
upon our endeavors - in order to provide for the health,
safety and welfare of the people; maintain a representative
and orderly government; eliminate poverty and inequality;
assure legal, social and economic justice; provide
opportunity for the fullest development of the individual;
insure domestic tranquility; provide for the common defense;
and secure the blessings of freedom and liberty to ourselves
and our posterity - do ordain and establish this Constitution
for the State of Illinois.
(Source: Illinois Constitution.)
ARTICLE I
BILL OF RIGHTS
SECTION 1. INHERENT AND INALIENABLE RIGHTS
All men are by nature free and independent and have
certain inherent and inalienable rights among which are life,
liberty and the pursuit of happiness. To secure these rights
and the protection of property, governments are instituted
among men, deriving their just powers from the consent of the
governed.
(Source: Illinois Constitution.)
SECTION 2. DUE PROCESS AND EQUAL PROTECTION
No person shall be deprived of life, liberty or property
without due process of law nor be denied the equal protection
of the laws.
(Source: Illinois Constitution.)
SECTION 3. RELIGIOUS FREEDOM
The free exercise and enjoyment of religious profession
and worship, without discrimination, shall forever be
guaranteed, and no person shall be denied any civil or
political right, privilege or capacity, on account of his
religious opinions; but the liberty of conscience hereby
secured shall not be construed to dispense with oaths or
affirmations, excuse acts of licentiousness, or justify
practices inconsistent with the peace or safety of the State.
No person shall be required to attend or support any ministry
or place of worship against his consent, nor shall any
preference be given by law to any religious denomination or
mode of worship.
(Source: Illinois Constitution.)
SECTION 4. FREEDOM OF SPEECH
All persons may speak, write and publish freely, being
responsible for the abuse of that liberty. In trials for
libel, both civil and criminal, the truth, when published
with good motives and for justifiable ends, shall be a
sufficient defense.
(Source: Illinois Constitution.)
SECTION 5. RIGHT TO ASSEMBLE AND PETITION
The people have the right to assemble in a peaceable
manner, to consult for the common good, to make known their
opinions to their representatives and to apply for redress of
grievances.
(Source: Illinois Constitution.)
SECTION 6. SEARCHES, SEIZURES, PRIVACY AND INTERCEPTIONS
The people shall have the right to be secure in their
persons, houses, papers and other possessions against
unreasonable searches, seizures, invasions of privacy or
interceptions of communications by eavesdropping devices or
other means. No warrant shall issue without probable cause,
supported by affidavit particularly describing the place to
be searched and the persons or things to be seized.
(Source: Illinois Constitution.)
SECTION 7. INDICTMENT AND PRELIMINARY HEARING
No person shall be held to answer for a criminal offense
unless on indictment of a grand jury, except in cases in
which the punishment is by fine or by imprisonment other than
in the penitentiary, in cases of impeachment, and in cases
arising in the militia when in actual service in time of war
or public danger. The General Assembly by law may abolish the
grand jury or further limit its use.
No person shall be held to answer for a crime punishable
by death or by imprisonment in the penitentiary unless either
the initial charge has been brought by indictment of a grand
jury or the person has been given a prompt preliminary
hearing to establish probable cause.
(Source: Illinois Constitution.)
SECTION 8. RIGHTS AFTER INDICTMENT
In criminal prosecutions, the accused shall have the
right to appear and defend in person and by counsel; to
demand the nature and cause of the accusation and have a copy
thereof; to be confronted with the witnesses against him or
her and to have process to compel the attendance of witnesses
in his or her behalf; and to have a speedy public trial by an
impartial jury of the county in which the offense is alleged
to have been committed.
(Source: Amendment adopted at general election November 8,
1994.)
SECTION 8.1. CRIME VICTIMS' RIGHTS.
(a) Crime victims, as defined by law, shall have the
following rights:
(1) The right to be treated with fairness and
respect for their dignity and privacy and to be free
from harassment, intimidation, and abuse throughout the
criminal justice process.
(2) The right to notice and to a hearing before a
court ruling on a request for access to any of the
victim's records, information, or communications which
are privileged or confidential by law.
(3) The right to timely notification of all court
proceedings.
(4) The right to communicate with the prosecution.
(5) The right to be heard at any post-arraignment
court proceeding in which a right of the victim is at
issue and any court proceeding involving a
post-arraignment release decision, plea, or sentencing.
(6) The right to be notified of the conviction, the
sentence, the imprisonment, and the release of the
accused.
(7) The right to timely disposition of the case
following the arrest of the accused.
(8) The right to be reasonably protected from the
accused throughout the criminal justice process.
(9) The right to have the safety of the victim and
the victim's family considered in denying or fixing the
amount of bail, determining whether to release the
defendant, and setting conditions of release after
arrest and conviction.
(10) The right to be present at the trial and all
other court proceedings on the same basis as the
accused, unless the victim is to testify and the court
determines that the victim's testimony would be
materially affected if the victim hears other testimony
at the trial.
(11) The right to have present at all court
proceedings, subject to the rules of evidence, an
advocate and other support person of the victim's choice.
(12) The right to restitution.
(b) The victim has standing to assert the rights
enumerated in subsection (a) in any court exercising
jurisdiction over the case. The court shall promptly rule
on a victim's request. The victim does not have party status.
The accused does not have standing to assert the rights of a
victim. The court shall not appoint an attorney for the
victim under this Section. Nothing in this Section shall be
construed to alter the powers, duties, and responsibilities
of the prosecuting attorney.
(c) The General Assembly may provide for an assessment
against convicted defendants to pay for crime victims' rights.
(d) Nothing in this Section or any law enacted under this
Section creates a cause of action in equity or at law for
compensation, attorney's fees, or damages against the State,
a political subdivision of the State, an officer, employee,
or agent of the State or of any political subdivision of the
State, or an officer or employee of the court.
(e) Nothing in this Section or any law enacted under this
Section shall be construed as creating (1) a basis for
vacating a conviction or (2) a ground for any relief
requested by the defendant.
(Source: Amendment adopted at general election November
4, 2014.)
SECTION 9. BAIL AND HABEAS CORPUS
All persons shall be bailable by sufficient sureties,
except for the following offenses where the proof is evident
or the presumption great: capital offenses; offenses for
which a sentence of life imprisonment may be imposed as a
consequence of conviction; and felony offenses for which a
sentence of imprisonment, without conditional and revocable
release, shall be imposed by law as a consequence of
conviction, when the court, after a hearing, determines that
release of the offender would pose a real and present threat
to the physical safety of any person. The privilege of the
writ of habeas corpus shall not be suspended except in cases
of rebellion or invasion when the public safety may require
it.
Any costs accruing to a unit of local government as a
result of the denial of bail pursuant to the 1986 Amendment
to this Section shall be reimbursed by the State to the unit
of local government.
(Source: Amendment adopted at general election November 4,
1986.)
SECTION 10. SELF-INCRIMINATION AND DOUBLE JEOPARDY
No person shall be compelled in a criminal case to give
evidence against himself nor be twice put in jeopardy for the
same offense.
(Source: Illinois Constitution.)
SECTION 11. LIMITATION OF PENALTIES AFTER CONVICTION
All penalties shall be determined both according to the
seriousness of the offense and with the objective of
restoring the offender to useful citizenship. No conviction
shall work corruption of blood or forfeiture of estate. No
person shall be transported out of the State for an offense
committed within the State.
(Source: Illinois Constitution.)
SECTION 12. RIGHT TO REMEDY AND JUSTICE
Every person shall find a certain remedy in the laws for
all injuries and wrongs which he receives to his person,
privacy, property or reputation. He shall obtain justice by
law, freely, completely, and promptly.
(Source: Illinois Constitution.)
SECTION 13. TRIAL BY JURY
The right of trial by jury as heretofore enjoyed shall
remain inviolate.
(Source: Illinois Constitution.)
SECTION 14. IMPRISONMENT FOR DEBT
No person shall be imprisoned for debt unless he refuses
to deliver up his estate for the benefit of his creditors as
provided by law or unless there is a strong presumption of
fraud. No person shall be imprisoned for failure to pay a
fine in a criminal case unless he has been afforded adequate
time to make payment, in installments if necessary, and has
willfully failed to make payment.
(Source: Illinois Constitution.)
SECTION 15. RIGHT OF EMINENT DOMAIN
Private property shall not be taken or damaged for public
use without just compensation as provided by law. Such
compensation shall be determined by a jury as provided by
law.
(Source: Illinois Constitution.)
SECTION 16. EX POST FACTO LAWS AND IMPAIRING CONTRACTS
No ex post facto law, or law impairing the obligation of
contracts or making an irrevocable grant of special
privileges or immunities, shall be passed.
(Source: Illinois Constitution.)
SECTION 17. NO DISCRIMINATION IN EMPLOYMENT AND THE SALE OR
RENTAL OF PROPERTY
All persons shall have the right to be free from
discrimination on the basis of race, color, creed, national
ancestry and sex in the hiring and promotion practices of any
employer or in the sale or rental of property.
These rights are enforceable without action by the
General Assembly, but the General Assembly by law may
establish reasonable exemptions relating to these rights and
provide additional remedies for their violation.
(Source: Illinois Constitution.)
SECTION 18. NO DISCRIMINATION ON THE BASIS OF SEX
The equal protection of the laws shall not be denied or
abridged on account of sex by the State or its units of local
government and school districts.
(Source: Illinois Constitution.)
SECTION 19. NO DISCRIMINATION AGAINST THE HANDICAPPED
All persons with a physical or mental handicap shall be
free from discrimination in the sale or rental of property
and shall be free from discrimination unrelated to ability in
the hiring and promotion practices of any employer.
(Source: Illinois Constitution.)
SECTION 20. INDIVIDUAL DIGNITY
To promote individual dignity, communications that
portray criminality, depravity or lack of virtue in, or that
incite violence, hatred, abuse or hostility toward, a person
or group of persons by reason of or by reference to
religious, racial, ethnic, national or regional affiliation
are condemned.
(Source: Illinois Constitution.)
SECTION 21. QUARTERING OF SOLDIERS
No soldier in time of peace shall be quartered in a house
without the consent of the owner; nor in time of war except
as provided by law.
(Source: Illinois Constitution.)
SECTION 22. RIGHT TO ARMS
Subject only to the police power, the right of the
individual citizen to keep and bear arms shall not be
infringed.
(Source: Illinois Constitution.)
SECTION 23. FUNDAMENTAL PRINCIPLES
A frequent recurrence to the fundamental principles of
civil government is necessary to preserve the blessings of
liberty. These blessings cannot endure unless the people
recognize their corresponding individual obligations and
responsibilities.
(Source: Illinois Constitution.)
SECTION 24. RIGHTS RETAINED
The enumeration in this Constitution of certain rights
shall not be construed to deny or disparage others retained
by the individual citizens of the State.
(Source: Illinois Constitution.)
SECTION 25. WORKERS' RIGHTS
(a) Employees shall have the fundamental right to
organize and to bargain collectively through representatives
of their own choosing for the purpose of negotiating wages,
hours, and working conditions, and to protect their economic
welfare and safety at work. No law shall be passed that
interferes with, negates, or diminishes the right of
employees to organize and bargain collectively over their
wages, hours, and other terms and conditions of employment
and work place safety, including any law or ordinance that
prohibits the execution or application of agreements between
employers and labor organizations that represent employees
requiring membership in an organization as a condition of
employment.
(b) The provisions of this Section are controlling
over those of Section 6 of Article VII.
(Source: Amendment adopted at general election November
8, 2022.)
ARTICLE II
THE POWERS OF THE STATE
SECTION 1. SEPARATION OF POWERS
The legislative, executive and judicial branches are
separate. No branch shall exercise powers properly belonging
to another.
(Source: Illinois Constitution.)
SECTION 2. POWERS OF GOVERNMENT
The enumeration in this Constitution of specified powers
and functions shall not be construed as a limitation of
powers of state government.
(Source: Illinois Constitution.)
ARTICLE III
SUFFRAGE AND ELECTIONS
SECTION 1. VOTING QUALIFICATIONS
Every United States citizen who has attained the age of
18 or any other voting age required by the United States for
voting in State elections and who has been a permanent
resident of this State for at least 30 days next preceding
any election shall have the right to vote at such election.
The General Assembly by law may establish registration
requirements and require permanent residence in an election
district not to exceed thirty days prior to an election. The
General Assembly by law may establish shorter residence
requirements for voting for President and Vice-President of
the United States.
(Source: Amendment adopted at general election November 8,
1988.)
SECTION 2. VOTING DISQUALIFICATIONS
A person convicted of a felony, or otherwise under
sentence in a correctional institution or jail, shall lose
the right to vote, which right shall be restored not later
than upon completion of his sentence.
(Source: Illinois Constitution.)
SECTION 3. ELECTIONS
All elections shall be free and equal.
(Source: Illinois Constitution.)
SECTION 4. ELECTION LAWS
The General Assembly by law shall define permanent
residence for voting purposes, insure secrecy of voting and
the integrity of the election process, and facilitate
registration and voting by all qualified persons. Laws
governing voter registration and conduct of elections shall
be general and uniform.
(Source: Illinois Constitution.)
SECTION 5. BOARD OF ELECTIONS
A State Board of Elections shall have general supervision
over the administration of the registration and election laws
throughout the State. The General Assembly by law shall
determine the size, manner of selection and compensation of
the Board. No political party shall have a majority of
members of the Board.
(Source: Illinois Constitution.)
SECTION 6. GENERAL ELECTION
As used in all articles of this Constitution except
Article VII, "general election" means the biennial election
at which members of the General Assembly are elected. Such
election shall be held on the Tuesday following the first
Monday of November in even-numbered years or on such other
day as provided by law.
(Source: Illinois Constitution.)
SECTION 7. INITIATIVE TO RECALL GOVERNOR
(a) The recall of the Governor may be proposed by a
petition signed by a number of electors equal in number to
at least 15% of the total votes cast for Governor in the
preceding gubernatorial election, with at least 100
signatures from each of at least 25 separate counties. A
petition shall have been signed by the petitioning
electors not more than 150 days after an affidavit has
been filed with the State Board of Elections providing
notice of intent to circulate a petition to recall the
Governor. The affidavit may be filed no sooner than 6
months after the beginning of the Governor's term of
office. The affidavit shall have been signed by the
proponent of the recall petition, at least 20 members
of the House of Representatives, and at least 10 members
of the Senate, with no more than half of the signatures
of members of each chamber from the same established
political party.
(b) The form of the petition, circulation, and
procedure for determining the validity and sufficiency
of a petition shall be as provided by law. If the
petition is valid and sufficient, the State Board of
Elections shall certify the petition not more than 100
days after the date the petition was filed, and the
question "Shall (name) be recalled from the office of
Governor?" must be submitted to the electors at a
special election called by the State Board of Elections,
to occur not more than 100 days after certification of
the petition. A recall petition certified by the State
Board of Elections may not be withdrawn and another
recall petition may not be initiated against the
Governor during the remainder of the current term of
office. Any recall petition or recall election pending
on the date of the next general election at which a
candidate for Governor is elected is moot.
(c) If a petition to recall the Governor has been
filed with the State Board of Elections, a person
eligible to serve as Governor may propose his or her
candidacy by a petition signed by a number of electors
equal in number to the requirement for petitions for an
established party candidate for the office of Governor,
signed by petitioning electors not more than 50 days
after a recall petition has been filed with the State
Board of Elections. The form of a successor election
petition, circulation, and procedure for determining
the validity and sufficiency of a petition shall be as
provided by law. If the successor election petition is
valid and sufficient, the State Board of Elections
shall certify the petition not more than 100 days
after the date the petition to recall the Governor was
filed. Names of candidates for nomination to serve as
the candidate of an established political party must
be submitted to the electors at a special primary
election, if necessary, called by the State Board of
Elections to be held at the same time as the special
election on the question of recall established under
subsection (b). Names of candidates for the successor
election must be submitted to the electors at a
special successor election called by the State Board
of Elections, to occur not more than 60 days after
the date of the special primary election or on a date
established by law.
(d) The Governor is immediately removed upon
certification of the recall election results if a
majority of the electors voting on the question vote
to recall the Governor. If the Governor is removed,
then (i) an Acting Governor determined under
subsection (a) of Section 6 of Article V shall serve
until the Governor elected at the special successor
election is qualified and (ii) the candidate who
receives the highest number of votes in the special
successor election is elected Governor for the balance
of the term.
(Source: Amendment adopted at general election November
2, 2010.)
SECTION 8. VOTER DISCRIMINATION
No person shall be denied the right to register
to vote or to cast a ballot in an election based on
race, color, ethnicity, status as a member of a
language minority, national origin, religion, sex,
sexual orientation, or income.
(Source: Amendment adopted at general election November
4, 2014.)
ARTICLE IV
THE LEGISLATURE
SECTION 1. LEGISLATURE - POWER AND STRUCTURE
The legislative power is vested in a General Assembly
consisting of a Senate and a House of Representatives,
elected by the electors from 59 Legislative Districts and 118
Representative Districts.
(Source: Amendment adopted at general election November 4,
1980.)
SECTION 2. LEGISLATIVE COMPOSITION
(a) One Senator shall be elected from each Legislative
District. Immediately following each decennial redistricting,
the General Assembly by law shall divide the Legislative
Districts as equally as possible into three groups. Senators
from one group shall be elected for terms of four years, four
years and two years; Senators from the second group, for
terms of four years, two years and four years; and Senators
from the third group, for terms of two years, four years and
four years. The Legislative Districts in each group shall be
distributed substantially equally over the State.
(b) Each Legislative District shall be divided into two
Representative Districts. In 1982 and every two years
thereafter one Representative shall be elected from each
Representative District for a term of two years.
(c) To be eligible to serve as a member of the General
Assembly, a person must be a United States citizen, at least
21 years old, and for the two years preceding his election or
appointment a resident of the district which he is to
represent. In the general election following a redistricting,
a candidate for the General Assembly may be elected from any
district which contains a part of the district in which he
resided at the time of the redistricting and reelected if a
resident of the new district he represents for 18 months
prior to reelection.
(d) Within thirty days after a vacancy occurs, it shall
be filled by appointment as provided by law. If the vacancy
is in a Senatorial office with more than twenty-eight months
remaining in the term, the appointed Senator shall serve
until the next general election, at which time a Senator
shall be elected to serve for the remainder of the term. If
the vacancy is in a Representative office or in any other
Senatorial office, the appointment shall be for the remainder
of the term. An appointee to fill a vacancy shall be a member
of the same political party as the person he succeeds.
(e) No member of the General Assembly shall receive
compensation as a public officer or employee from any other
governmental entity for time during which he is in attendance
as a member of the General Assembly.
No member of the General Assembly during the term for
which he was elected or appointed shall be appointed to a
public office which shall have been created or the
compensation for which shall have been increased by the
General Assembly during that term.
(Source: Amendment adopted at general election November 4,
1980.)
SECTION 3. LEGISLATIVE REDISTRICTING
(a) Legislative Districts shall be compact, contiguous
and substantially equal in population. Representative
Districts shall be compact, contiguous, and substantially
equal in population.
(b) In the year following each Federal decennial census
year, the General Assembly by law shall redistrict the
Legislative Districts and the Representative Districts.
If no redistricting plan becomes effective by June 30 of
that year, a Legislative Redistricting Commission shall be
constituted not later than July 10. The Commission shall
consist of eight members, no more than four of whom shall be
members of the same political party.
The Speaker and Minority Leader of the House of
Representatives shall each appoint to the Commission one
Representative and one person who is not a member of the
General Assembly. The President and Minority Leader of the
Senate shall each appoint to the Commission one Senator and
one person who is not a member of the General Assembly.
The members shall be certified to the Secretary of State
by the appointing authorities. A vacancy on the Commission
shall be filled within five days by the authority that made
the original appointment. A Chairman and Vice Chairman shall
be chosen by a majority of all members of the Commission.
Not later than August 10, the Commission shall file with
the Secretary of State a redistricting plan approved by at
least five members.
If the Commission fails to file an approved redistricting
plan, the Supreme Court shall submit the names of two
persons, not of the same political party, to the Secretary of
State not later than September 1.
Not later than September 5, the Secretary of State
publicly shall draw by random selection the name of one of
the two persons to serve as the ninth member of the
Commission.
Not later than October 5, the Commission shall file with
the Secretary of State a redistricting plan approved by at
least five members.
An approved redistricting plan filed with the Secretary
of State shall be presumed valid, shall have the force and
effect of law and shall be published promptly by the
Secretary of State.
The Supreme Court shall have original and exclusive
jurisdiction over actions concerning redistricting the House
and Senate, which shall be initiated in the name of the
People of the State by the Attorney General.
(Source: Amendment adopted at general election November 4,
1980.)
SECTION 4. ELECTION
Members of the General Assembly shall be elected at the
general election in even-numbered years.
(Source: Illinois Constitution.)
SECTION 5. SESSIONS
(a) The General Assembly shall convene each year on the
second Wednesday of January. The General Assembly shall be a
continuous body during the term for which members of the
House of Representatives are elected.
(b) The Governor may convene the General Assembly or the
Senate alone in special session by a proclamation stating the
purpose of the session; and only business encompassed by such
purpose, together with any impeachments or confirmation of
appointments shall be transacted. Special sessions of the
General Assembly may also be convened by joint proclamation
of the presiding officers of both houses, issued as provided
by law.
(c) Sessions of each house of the General Assembly and
meetings of committees, joint committees and legislative
commissions shall be open to the public. Sessions and
committee meetings of a house may be closed to the public if
two-thirds of the members elected to that house determine
that the public interest so requires; and meetings of joint
committees and legislative commissions may be so closed if
two-thirds of the members elected to each house so determine.
(Source: Illinois Constitution.)
SECTION 6. ORGANIZATION
(a) A majority of the members elected to each house
constitutes a quorum.
(b) On the first day of the January session of the
General Assembly in odd-numbered years, the Secretary of
State shall convene the House of Representatives to elect
from its membership a Speaker of the House of Representatives
as presiding officer, and the Governor shall convene the
Senate to elect from its membership a President of the Senate
as presiding officer.
(c) For purposes of powers of appointment conferred by
this Constitution, the Minority Leader of either house is a
member of the numerically strongest political party other
than the party to which the Speaker or the President belongs,
as the case may be.
(d) Each house shall determine the rules of its
proceedings, judge the elections, returns and qualifications
of its members and choose its officers. No member shall be
expelled by either house, except by a vote of two-thirds of
the members elected to that house. A member may be expelled
only once for the same offense. Each house may punish by
imprisonment any person, not a member, guilty of disrespect
to the house by disorderly or contemptuous behavior in its
presence. Imprisonment shall not extend beyond twenty-four
hours at one time unless the person persists in disorderly or
contemptuous behavior.
(Source: Illinois Constitution.)
SECTION 7. TRANSACTION OF BUSINESS
(a) Committees of each house, joint committees of the
two houses and legislative commissions shall give reasonable
public notice of meetings, including a statement of subjects
to be considered.
(b) Each house shall keep a journal of its proceedings
and a transcript of its debates. The journal shall be
published and the transcript shall be available to the
public.
(c) Either house or any committee thereof as provided by
law may compel by subpoena the attendance and testimony of
witnesses and the production of books, records and papers.
(Source: Illinois Constitution.)
SECTION 8. PASSAGE OF BILLS
(a) The enacting clause of the laws of this State shall
be: "Be it enacted by the People of the State of Illinois,
represented in the General Assembly."
(b) The General Assembly shall enact laws only by bill.
Bills may originate in either house, but may be amended or
rejected by the other.
(c) No bill shall become a law without the concurrence
of a majority of the members elected to each house. Final
passage of a bill shall be by record vote. In the Senate at
the request of two members, and in the House at the request
of five members, a record vote may be taken on any other
occasion. A record vote is a vote by yeas and nays entered on
the journal.
(d) A bill shall be read by title on three different
days in each house. A bill and each amendment thereto shall
be reproduced and placed on the desk of each member before
final passage.
Bills, except bills for appropriations and for the
codification, revision or rearrangement of laws, shall be
confined to one subject. Appropriation bills shall be limited
to the subject of appropriations.
A bill expressly amending a law shall set forth
completely the sections amended.
The Speaker of the House of Representatives and the
President of the Senate shall sign each bill that passes both
houses to certify that the procedural requirements for
passage have been met.
(Source: Illinois Constitution.)
SECTION 9. VETO PROCEDURE
(a) Every bill passed by the General Assembly shall be
presented to the Governor within 30 calendar days after its
passage. The foregoing requirement shall be judicially
enforceable. If the Governor approves the bill, he shall sign
it and it shall become law.
(b) If the Governor does not approve the bill, he shall
veto it by returning it with his objections to the house in
which it originated. Any bill not so returned by the Governor
within 60 calendar days after it is presented to him shall
become law. If recess or adjournment of the General Assembly
prevents the return of a bill, the bill and the Governor's
objections shall be filed with the Secretary of State within
such 60 calendar days. The Secretary of State shall return
the bill and objections to the originating house promptly
upon the next meeting of the same General Assembly at which
the bill can be considered.
(c) The house to which a bill is returned shall
immediately enter the Governor's objections upon its journal.
If within 15 calendar days after such entry that house by a
record vote of three-fifths of the members elected passes the
bill, it shall be delivered immediately to the second house.
If within 15 calendar days after such delivery the second
house by a record vote of three-fifths of the members elected
passes the bill, it shall become law.
(d) The Governor may reduce or veto any item of
appropriations in a bill presented to him. Portions of a bill
not reduced or vetoed shall become law. An item vetoed shall
be returned to the house in which it originated and may
become law in the same manner as a vetoed bill. An item
reduced in amount shall be returned to the house in which it
originated and may be restored to its original amount in the
same manner as a vetoed bill except that the required record
vote shall be a majority of the members elected to each
house. If a reduced item is not so restored, it shall become
law in the reduced amount.
(e) The Governor may return a bill together with
specific recommendations for change to the house in which it
originated. The bill shall be considered in the same manner
as a vetoed bill but the specific recommendations may be
accepted by a record vote of a majority of the members
elected to each house. Such bill shall be presented again to
the Governor and if he certifies that such acceptance
conforms to his specific recommendations, the bill shall
become law. If he does not so certify, he shall return it as
a vetoed bill to the house in which it originated.
(Source: Illinois Constitution.)
SECTION 10. EFFECTIVE DATE OF LAWS
The General Assembly shall provide by law for a uniform
effective date for laws passed prior to June 1 of a calendar
year. The General Assembly may provide for a different
effective date in any law passed prior to June 1. A bill
passed after May 31 shall not become effective prior to June
1 of the next calendar year unless the General Assembly by
the vote of three-fifths of the members elected to each house
provides for an earlier effective date.
(Source: Amendment adopted at general election November 8,
1994.)
SECTION 11. COMPENSATION AND ALLOWANCES
A member shall receive a salary and allowances as
provided by law, but changes in the salary of a member shall
not take effect during the term for which he has been
elected.
(Source: Illinois Constitution.)
SECTION 12. LEGISLATIVE IMMUNITY
Except in cases of treason, felony or breach of peace, a
member shall be privileged from arrest going to, during, and
returning from sessions of the General Assembly. A member
shall not be held to answer before any other tribunal for any
speech or debate, written or oral, in either house. These
immunities shall apply to committee and legislative
commission proceedings.
(Source: Illinois Constitution.)
SECTION 13. SPECIAL LEGISLATION
The General Assembly shall pass no special or local law
when a general law is or can be made applicable. Whether a
general law is or can be made applicable shall be a matter
for judicial determination.
(Source: Illinois Constitution.)
SECTION 14. IMPEACHMENT
The House of Representatives has the sole power to
conduct legislative investigations to determine the existence
of cause for impeachment and, by the vote of a majority of
the members elected, to impeach Executive and Judicial
officers. Impeachments shall be tried by the Senate. When
sitting for that purpose, Senators shall be upon oath, or
affirmation, to do justice according to law. If the Governor
is tried, the Chief Justice of the Supreme Court shall
preside. No person shall be convicted without the concurrence
of two-thirds of the Senators elected. Judgment shall not
extend beyond removal from office and disqualification to
hold any public office of this State. An impeached officer,
whether convicted or acquitted, shall be liable to
prosecution, trial, judgment and punishment according to law.
(Source: Illinois Constitution.)
SECTION 15. ADJOURNMENT
(a) When the General Assembly is in session, neither
house without the consent of the other shall adjourn for more
than three days or to a place other than where the two houses
are sitting.
(b) If either house certifies that a disagreement exists
between the houses as to the time for adjourning a session,
the Governor may adjourn the General Assembly to a time not
later than the first day of the next annual session.
(Source: Illinois Constitution.)
ARTICLE V
THE EXECUTIVE
SECTION 1. OFFICERS
The Executive Branch shall include a Governor, Lieutenant
Governor, Attorney General, Secretary of State, Comptroller
and Treasurer elected by the electors of the State. They
shall keep the public records and maintain a residence at the
seat of government during their terms of office.
(Source: Illinois Constitution.)
SECTION 2. TERMS
These elected officers of the Executive Branch shall hold
office for four years beginning on the second Monday of
January after their election and, except in the case of the
Lieutenant Governor, until their successors are qualified.
They shall be elected at the general election in 1978 and
every four years thereafter.
(Source: Illinois Constitution.)
SECTION 3. ELIGIBILITY
To be eligible to hold the office of Governor, Lieutenant
Governor, Attorney General, Secretary of State, Comptroller
or Treasurer, a person must be a United States citizen, at
least 25 years old, and a resident of this State for the
three years preceding his election.
(Source: Illinois Constitution.)
SECTION 4. JOINT ELECTION
In the general election for Governor and Lieutenant
Governor, one vote shall be cast jointly for the candidates
nominated by the same political party or petition. The
General Assembly may provide by law for the joint nomination
of candidates for Governor and Lieutenant Governor.
(Source: Illinois Constitution.)
SECTION 5. CANVASS - CONTESTS
The election returns for executive offices shall be
sealed and transmitted to the Secretary of State, or other
person or body provided by law, who shall examine and
consolidate the returns. The person having the highest number
of votes for an office shall be declared elected. If two or
more persons have an equal and the highest number of votes
for an office, they shall draw lots to determine which of
them shall be declared elected. Election contests shall be
decided by the courts in a manner provided by law.
(Source: Illinois Constitution.)
SECTION 6. GUBERNATORIAL SUCCESSION
(a) In the event of a vacancy, the order of succession
to the office of Governor or to the position of Acting
Governor shall be the Lieutenant Governor, the elected
Attorney General, the elected Secretary of State, and then as
provided by law.
(b) If the Governor is unable to serve because of death,
conviction on impeachment, failure to qualify, resignation or
other disability, the office of Governor shall be filled by
the officer next in line of succession for the remainder of
the term or until the disability is removed.
(c) Whenever the Governor determines that he may be
seriously impeded in the exercise of his powers, he shall so
notify the Secretary of State and the officer next in line of
succession. The latter shall thereafter become Acting
Governor with the duties and powers of Governor. When the
Governor is prepared to resume office, he shall do so by
notifying the Secretary of State and the Acting Governor.
(d) The General Assembly by law shall specify by whom
and by what procedures the ability of the Governor to serve
or to resume office may be questioned and determined. The
Supreme Court shall have original and exclusive jurisdiction
to review such a law and any such determination and, in the
absence of such a law, shall make the determination under
such rules as it may adopt.
(Source: Illinois Constitution.)
SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES
If the Attorney General, Secretary of State, Comptroller
or Treasurer fails to qualify or if his office becomes
vacant, the Governor shall fill the office by appointment.
The appointee shall hold office until the elected officer
qualifies or until a successor is elected and qualified as
may be provided by law and shall not be subject to removal by
the Governor. If the Lieutenant Governor fails to qualify or
if his office becomes vacant, it shall remain vacant until
the end of the term.
(Source: Illinois Constitution.)
SECTION 8. GOVERNOR - SUPREME EXECUTIVE POWER
The Governor shall have the supreme executive power, and
shall be responsible for the faithful execution of the laws.
(Source: Illinois Constitution.)
SECTION 9. GOVERNOR - APPOINTING POWER
(a) The Governor shall nominate and, by and with the
advice and consent of the Senate, a majority of the members
elected concurring by record vote, shall appoint all officers
whose election or appointment is not otherwise provided for.
Any nomination not acted upon by the Senate within 60 session
days after the receipt thereof shall be deemed to have
received the advice and consent of the Senate. The General
Assembly shall have no power to elect or appoint officers of
the Executive Branch.
(b) If, during a recess of the Senate, there is a
vacancy in an office filled by appointment by the Governor by
and with the advice and consent of the Senate, the Governor
shall make a temporary appointment until the next meeting of
the Senate, when he shall make a nomination to fill such
office.
(c) No person rejected by the Senate for an office
shall, except at the Senate's request, be nominated again for
that office at the same session or be appointed to that
office during a recess of that Senate.
(Source: Illinois Constitution.)
SECTION 10. GOVERNOR - REMOVALS
The Governor may remove for incompetence, neglect of
duty, or malfeasance in office any officer who may be
appointed by the Governor.
(Source: Illinois Constitution.)
SECTION 11. GOVERNOR - AGENCY REORGANIZATION
The Governor, by Executive Order, may reassign functions
among or reorganize executive agencies which are directly
responsible to him. If such a reassignment or reorganization
would contravene a statute, the Executive Order shall be
delivered to the General Assembly. If the General Assembly is
in annual session and if the Executive Order is delivered on
or before April 1, the General Assembly shall consider the
Executive Order at that annual session. If the General
Assembly is not in annual session or if the Executive Order
is delivered after April 1, the General Assembly shall
consider the Executive Order at its next annual session, in
which case the Executive Order shall be deemed to have been
delivered on the first day of that annual session. Such an
Executive Order shall not become effective if, within 60
calendar days after its delivery to the General Assembly,
either house disapproves the Executive Order by the record
vote of a majority of the members elected. An Executive Order
not so disapproved shall become effective by its terms but
not less than 60 calendar days after its delivery to the
General Assembly.
(Source: Illinois Constitution.)
SECTION 12. GOVERNOR - PARDONS
The Governor may grant reprieves, commutations and
pardons, after conviction, for all offenses on such terms as
he thinks proper. The manner of applying therefore may be
regulated by law.
(Source: Illinois Constitution.)
SECTION 13. GOVERNOR - LEGISLATIVE MESSAGES
The Governor, at the beginning of each annual session of
the General Assembly and at the close of his term of office,
shall report to the General Assembly on the condition of the
State and recommend such measures as he deems desirable.
(Source: Illinois Constitution.)
SECTION 14. LIEUTENANT GOVERNOR - DUTIES
The Lieutenant Governor shall perform the duties and
exercise the powers in the Executive Branch that may be
delegated to him by the Governor and that may be prescribed
by law.
(Source: Illinois Constitution.)
SECTION 15. ATTORNEY GENERAL - DUTIES
The Attorney General shall be the legal officer of the
State, and shall have the duties and powers that may be
prescribed by law.
(Source: Illinois Constitution.)
SECTION 16. SECRETARY OF STATE - DUTIES
The Secretary of State shall maintain the official
records of the acts of the General Assembly and such official
records of the Executive Branch as provided by law. Such
official records shall be available for inspection by the
public. He shall keep the Great Seal of the State of Illinois
and perform other duties that may be prescribed by law.
(Source: Illinois Constitution.)
SECTION 17. COMPTROLLER - DUTIES
The Comptroller, in accordance with law, shall maintain
the State's central fiscal accounts, and order payments into
and out of the funds held by the Treasurer.
(Source: Illinois Constitution.)
SECTION 18. TREASURER - DUTIES
The Treasurer, in accordance with law, shall be
responsible for the safekeeping and investment of monies and
securities deposited with him, and for their disbursement
upon order of the Comptroller.
(Source: Illinois Constitution.)
SECTION 19. RECORDS - REPORTS
All officers of the Executive Branch shall keep accounts
and shall make such reports as may be required by law. They
shall provide the Governor with information relating to their
respective offices, either in writing under oath, or
otherwise, as the Governor may require.
(Source: Illinois Constitution.)
SECTION 20. BOND
Civil officers of the Executive Branch may be required by
law to give reasonable bond or other security for the
faithful performance of their duties. If any officer is in
default of such a requirement, his office shall be deemed
vacant.
(Source: Illinois Constitution.)
SECTION 21. COMPENSATION
Officers of the Executive Branch shall be paid salaries
established by law and shall receive no other compensation
for their services. Changes in the salaries of these officers
elected or appointed for stated terms shall not take effect
during the stated terms.
(Source: Illinois Constitution.)
ARTICLE VI
THE JUDICIARY
SECTION 1. COURTS
The judicial power is vested in a Supreme Court, an
Appellate Court and Circuit Courts.
(Source: Illinois Constitution.)
SECTION 2. JUDICIAL DISTRICTS
The State is divided into five Judicial Districts for the
selection of Supreme and Appellate Court Judges. The First
Judicial District consists of Cook County. The remainder of
the State shall be divided by law into four Judicial
Districts of substantially equal population, each of which
shall be compact and composed of contiguous counties.
(Source: Illinois Constitution.)
SECTION 3. SUPREME COURT - ORGANIZATION
The Supreme Court shall consist of seven Judges. Three
shall be selected from the First Judicial District and one
from each of the other Judicial Districts. Four Judges
constitute a quorum and the concurrence of four is necessary
for a decision. Supreme Court Judges shall select a Chief
Justice from their number to serve for a term of three years.
(Source: Illinois Constitution.)
SECTION 4. SUPREME COURT - JURISDICTION
(a) The Supreme Court may exercise original jurisdiction
in cases relating to revenue, mandamus, prohibition or habeas
corpus and as may be necessary to the complete determination
of any case on review.
(b) Appeals from judgments of Circuit Courts imposing a
sentence of death shall be directly to the Supreme Court as a
matter of right. The Supreme Court shall provide by rule for
direct appeal in other cases.
(c) Appeals from the Appellate Court to the Supreme
Court are a matter of right if a question under the
Constitution of the United States or of this State arises for
the first time in and as a result of the action of the
Appellate Court, or if a division of the Appellate Court
certifies that a case decided by it involves a question of
such importance that the case should be decided by the
Supreme Court. The Supreme Court may provide by rule for
appeals from the Appellate Court in other cases.
(Source: Illinois Constitution.)
SECTION 5. APPELLATE COURT - ORGANIZATION
The number of Appellate Judges to be selected from each
Judicial District shall be provided by law. The Supreme Court
shall prescribe by rule the number of Appellate divisions in
each Judicial District. Each Appellate division shall have at
least three Judges. Assignments to divisions shall be made by
the Supreme Court. A majority of a division constitutes a
quorum and the concurrence of a majority of the division is
necessary for a decision. There shall be at least one
division in each Judicial District and each division shall
sit at times and places prescribed by rules of the Supreme
Court.
(Source: Illinois Constitution.)
SECTION 6. APPELLATE COURT - JURISDICTION
Appeals from final judgments of a Circuit Court are a
matter of right to the Appellate Court in the Judicial
District in which the Circuit Court is located except in
cases appealable directly to the Supreme Court and except
that after a trial on the merits in a criminal case, there
shall be no appeal from a judgment of acquittal. The Supreme
Court may provide by rule for appeals to the Appellate Court
from other than final judgments of Circuit Courts. The
Appellate Court may exercise original jurisdiction when
necessary to the complete determination of any case on
review. The Appellate Court shall have such powers of direct
review of administrative action as provided by law.
(Source: Illinois Constitution.)
SECTION 7. JUDICIAL CIRCUITS
(a) The State shall be divided into Judicial Circuits
consisting of one or more counties. The First Judicial
District shall constitute a Judicial Circuit. The Judicial
Circuits within the other Judicial Districts shall be as
provided by law. Circuits composed of more than one county
shall be compact and of contiguous counties. The General
Assembly by law may provide for the division of a circuit for
the purpose of selection of Circuit Judges and for the
selection of Circuit Judges from the circuit at large.
(b) Each Judicial Circuit shall have one Circuit Court
with such number of Circuit Judges as provided by law. Unless
otherwise provided by law, there shall be at least one
Circuit Judge from each county. In the First Judicial
District, unless otherwise provided by law, Cook County,
Chicago, and the area outside Chicago shall be separate units
for the selection of Circuit Judges, with at least twelve
chosen at large from the area outside Chicago and at least
thirty-six chosen at large from Chicago.
(c) Circuit Judges in each circuit shall select by
secret ballot a Chief Judge from their number to serve at
their pleasure. Subject to the authority of the Supreme
Court, the Chief Judge shall have general administrative
authority over his court, including authority to provide for
divisions, general or specialized, and for appropriate times
and places of holding court.
(Source: Illinois Constitution.)
SECTION 8. ASSOCIATE JUDGES
Each Circuit Court shall have such number of Associate
Judges as provided by law. Associate Judges shall be
appointed by the Circuit Judges in each circuit as the
Supreme Court shall provide by rule. In the First Judicial
District, unless otherwise provided by law, at least
one-fourth of the Associate Judges shall be appointed from,
and reside, outside Chicago. The Supreme Court shall provide
by rule for matters to be assigned to Associate Judges.
(Source: Illinois Constitution.)
SECTION 9. CIRCUIT COURTS - JURISDICTION
Circuit Courts shall have original jurisdiction of all
justiciable matters except when the Supreme Court has
original and exclusive jurisdiction relating to redistricting
of the General Assembly and to the ability of the Governor to
serve or resume office. Circuit Courts shall have such power
to review administrative action as provided by law.
(Source: Illinois Constitution.)
SECTION 10. TERMS OF OFFICE
The terms of office of Supreme and Appellate Court Judges
shall be ten years; of Circuit Judges, six years; and of
Associate Judges, four years.
(Source: Illinois Constitution.)
SECTION 11. ELIGIBILITY FOR OFFICE
No person shall be eligible to be a Judge or Associate
Judge unless he is a United States citizen, a licensed
attorney-at-law of this State, and a resident of the unit
which selects him. No change in the boundaries of a unit
shall affect the tenure in office of a Judge or Associate
Judge incumbent at the time of such change.
(Source: Illinois Constitution.)
SECTION 12. ELECTION AND RETENTION
(a) Supreme, Appellate and Circuit Judges shall be
nominated at primary elections or by petition. Judges shall
be elected at general or judicial elections as the General
Assembly shall provide by law. A person eligible for the
office of Judge may cause his name to appear on the ballot as
a candidate for Judge at the primary and at the general or
judicial elections by submitting petitions. The General
Assembly shall prescribe by law the requirements for
petitions.
(b) The office of a Judge shall be vacant upon his
death, resignation, retirement, removal, or upon the
conclusion of his term without retention in office. Whenever
an additional Appellate or Circuit Judge is authorized by
law, the office shall be filled in the manner provided for
filling a vacancy in that office.
(c) A vacancy occurring in the office of Supreme,
Appellate or Circuit Judge shall be filled as the General
Assembly may provide by law. In the absence of a law,
vacancies may be filled by appointment by the Supreme Court.
A person appointed to fill a vacancy 60 or more days prior to
the next primary election to nominate Judges shall serve
until the vacancy is filled for a term at the next general or
judicial election. A person appointed to fill a vacancy less
than 60 days prior to the next primary election to nominate
Judges shall serve until the vacancy is filled at the second
general or judicial election following such appointment.
(d) Not less than six months before the general election
preceding the expiration of his term of office, a Supreme,
Appellate or Circuit Judge who has been elected to that
office may file in the office of the Secretary of State a
declaration of candidacy to succeed himself. The Secretary of
State, not less than 63 days before the election, shall
certify the Judge's candidacy to the proper election
officials. The names of Judges seeking retention shall be
submitted to the electors, separately and without party
designation, on the sole question whether each Judge shall be
retained in office for another term. The retention elections
shall be conducted at general elections in the appropriate
Judicial District, for Supreme and Appellate Judges, and in
the circuit for Circuit Judges. The affirmative vote of
three-fifths of the electors voting on the question shall
elect the Judge to the office for a term commencing on the
first Monday in December following his election.
(e) A law reducing the number of Appellate or Circuit
Judges shall be without prejudice to the right of the Judges
affected to seek retention in office. A reduction shall
become effective when a vacancy occurs in the affected unit.
(Source: Illinois Constitution.)
SECTION 13. PROHIBITED ACTIVITIES
(a) The Supreme Court shall adopt rules of conduct for
Judges and Associate Judges.
(b) Judges and Associate Judges shall devote full time
to judicial duties. They shall not practice law, hold a
position of profit, hold office under the United States or
this State or unit of local government or school district or
in a political party. Service in the State militia or armed
forces of the United States for periods of time permitted by
rule of the Supreme Court shall not disqualify a person from
serving as a Judge or Associate Judge.
(Source: Illinois Constitution.)
SECTION 14. JUDICIAL SALARIES AND
EXPENSES - FEE OFFICERS ELIMINATED
Judges shall receive salaries provided by law which shall
not be diminished to take effect during their terms of
office. All salaries and such expenses as may be provided by
law shall be paid by the State, except that Appellate,
Circuit and Associate Judges shall receive such additional
compensation from counties within their district or circuit
as may be provided by law. There shall be no fee officers in
the judicial system.
(Source: Illinois Constitution.)
SECTION 15. RETIREMENT - DISCIPLINE
(a) The General Assembly may provide by law for the
retirement of Judges and Associate Judges at a prescribed
age. Any retired Judge or Associate Judge, with his or
her consent, may be assigned by the Supreme Court to
judicial service for which he or she shall receive the
applicable compensation in lieu of retirement benefits.
A retired Associate Judge may be assigned only as an
Associate Judge.
(b) A Judicial Inquiry Board is created. The Supreme
Court shall select two Circuit Judges as members and the
Governor shall appoint four persons who are not lawyers and
three lawyers as members of the Board. No more than two of
the lawyers and two of the non-lawyers appointed by the
Governor shall be members of the same political party. The
terms of Board members shall be four years. A vacancy on the
Board shall be filled for a full term in the manner the
original appointment was made. No member may serve on the
Board more than eight years.
(c) The Board shall be convened permanently, with
authority to conduct investigations, receive or initiate
complaints concerning a Judge or Associate Judge, and file
complaints with the Courts Commission. The Board shall not
file a complaint unless five members believe that a
reasonable basis exists (1) to charge the Judge or Associate
Judge with willful misconduct in office, persistent failure
to perform his duties, or other conduct that is prejudicial
to the administration of justice or that brings the judicial
office into disrepute, or (2) to charge that the Judge or
Associate Judge is physically or mentally unable to perform
his duties. All proceedings of the Board shall be
confidential except the filing of a complaint with the Courts
Commission. The Board shall prosecute the complaint.
(d) The Board shall adopt rules governing its
procedures. It shall have subpoena power and authority to
appoint and direct its staff. Members of the Board who are
not Judges shall receive per diem compensation and necessary
expenses; members who are Judges shall receive necessary
expenses only. The General Assembly by law shall appropriate
funds for the operation of the Board.
(e) An independent Courts Commission is created
consisting of one Supreme Court Judge selected by that Court
as a member and one as an alternate, two Appellate Court
Judges selected by that Court as members and three as
alternates, two Circuit Judges selected by the Supreme Court
as members and three as alternates, and two citizens selected
by the Governor as members and two as alternates. Members and
alternates who are Appellate Court Judges must each be from a
different Judicial District. Members and alternates who are
Circuit Judges must each be from a different Judicial
District. Members and alternates of the Commission shall not
be members of the Judicial Inquiry Board. The members of the
Commission shall select a chairperson to serve a two-year
term.
The Commission shall be convened permanently to hear
complaints filed by the Judicial Inquiry Board. The
Commission shall have authority after notice and public
hearing, (1) to remove from office, suspend without pay,
censure or reprimand a Judge or Associate Judge for willful
misconduct in office, persistent failure to perform his or
her duties, or other conduct that is prejudicial to the
administration of justice or that brings the judicial office
into disrepute, or (2) to suspend, with or without pay, or
retire a Judge or Associate Judge who is physically or
mentally unable to perform his or her duties.
(f) The concurrence of four members of the Commission
shall be necessary for a decision. The decision of the
Commission shall be final.
(g) The Commission shall adopt comprehensive rules to
ensure that its procedures are fair and appropriate. These
rules and any amendments shall be public and filed with the
Secretary of State at least 30 days before becoming effective.
(h) A member of the Commission shall disqualify himself
or herself, or the other members of the Commission shall
disqualify a member, with respect to any proceeding in which
disqualification or recusal would be required of a Judge
under rules of the Supreme Court, under rules of the
Commission, or by law.
If a Supreme Court Judge is the subject of a proceeding,
then there shall be no Supreme Court Judge sitting as a
member of the Commission with respect to that proceeding.
Instead, an alternate Appellate Court Judge not from the same
Judicial District as the subject Supreme Court Judge shall
replace the subject Supreme Court Judge. If a member who is
an Appellate Court Judge is the subject of a proceeding, then
an alternate Appellate Court Judge shall replace the subject
Appellate Court Judge. If an Appellate Court Judge who is not
a member is the subject of a proceeding and an Appellate
Court Judge from the same Judicial District is a member, then
an alternate Appellate Court Judge shall replace that member.
If a member who is a Circuit Judge is the subject of a
proceeding, then an alternate Circuit Judge shall replace the
subject Circuit Judge. If a Circuit Judge who is not a member
is the subject of a proceeding and a Circuit Judge from the
same Judicial District is a member, then an alternate Circuit
Judge shall replace that member.
If a member of the Commission is disqualified under this
Section with respect to any proceeding, that member shall be
replaced by an alternate on a rotating basis in a manner
provided by rule of the Commission. The alternate shall act
as member of the Commission with respect to that proceeding
only.
(i) The Commission shall have power to issue subpoenas.
(j) Members and alternates of the Commission who are not
Judges shall receive per diem compensation and necessary
expenses; members and alternates who are Judges shall receive
necessary expenses only. The General Assembly shall provide
by law for the expenses and compensation of the Commission.
(Source: Amendment adopted at general election November 3,
1998.)
SECTION 16. ADMINISTRATION
General administrative and supervisory authority over all
courts is vested in the Supreme Court and shall be exercised
by the Chief Justice in accordance with its rules. The
Supreme Court shall appoint an administrative director and
staff, who shall serve at its pleasure, to assist the Chief
Justice in his duties. The Supreme Court may assign a Judge
temporarily to any court and an Associate Judge to serve
temporarily as an Associate Judge on any Circuit Court. The
Supreme Court shall provide by rule for expeditious and
inexpensive appeals.
(Source: Illinois Constitution.)
SECTION 17. JUDICIAL CONFERENCE
The Supreme Court shall provide by rule for an annual
judicial conference to consider the work of the courts and to
suggest improvements in the administration of justice and
shall report thereon annually in writing to the General
Assembly not later than January 31.
(Source: Illinois Constitution.)
SECTION 18. CLERKS OF COURTS
(a) The Supreme Court and the Appellate Court Judges of
each Judicial District, respectively, shall appoint a clerk
and other non-judicial officers for their Court or District.
(b) The General Assembly shall provide by law for the
election, or for the appointment by Circuit Judges, of clerks
and other non-judicial officers of the Circuit Courts and for
their terms of office and removal for cause.
(c) The salaries of clerks and other non-judicial
officers shall be as provided by law.
(Source: Illinois Constitution.)
SECTION 19. STATE'S ATTORNEYS - SELECTION, SALARY
A State's Attorney shall be elected in each county in
1972 and every fourth year thereafter for a four year term.
One State's Attorney may be elected to serve two or more
counties if the governing boards of such counties so provide
and a majority of the electors of each county voting on the
issue approve. A person shall not be eligible for the office
of State's Attorney unless he is a United States citizen and
a licensed attorney-at-law of this State. His salary shall be
provided by law.
(Source: Illinois Constitution.)
ARTICLE VII
LOCAL GOVERNMENT
SECTION 1. MUNICIPALITIES AND UNITS OF LOCAL GOVERNMENT
"Municipalities" means cities, villages and incorporated
towns. "Units of local government" means counties,
municipalities, townships, special districts, and units,
designated as units of local government by law, which
exercise limited governmental powers or powers in respect to
limited governmental subjects, but does not include school
districts.
(Source: Illinois Constitution.)
SECTION 2. COUNTY TERRITORY, BOUNDARIES AND SEATS
(a) The General Assembly shall provide by law for the
formation, consolidation, merger, division, and dissolution
of counties, and for the transfer of territory between
counties.
(b) County boundaries shall not be changed unless
approved by referendum in each county affected.
(c) County seats shall not be changed unless approved by
three-fifths of those voting on the question in a county-wide
referendum.
(Source: Illinois Constitution.)
SECTION 3. COUNTY BOARDS
(a) A county board shall be elected in each county. The
number of members of the county board shall be fixed by
ordinance in each county within limitations provided by law.
(b) The General Assembly by law shall provide methods
available to all counties for the election of county board
members. No county, other than Cook County, may change its
method of electing board members except as approved by
county-wide referendum.
(c) Members of the Cook County Board shall be elected
from two districts, Chicago and that part of Cook County
outside Chicago, unless (1) a different method of election is
approved by a majority of votes cast in each of the two
districts in a county-wide referendum or (2) the Cook County
Board by ordinance divides the county into single member
districts from which members of the County Board resident in
each district are elected. If a different method of election
is adopted pursuant to option (1) the method of election may
thereafter be altered only pursuant to option (2) or by
county-wide referendum. A different method of election may be
adopted pursuant to option (2) only once and the method of
election may thereafter be altered only by county-wide
referendum.
(Source: Illinois Constitution.)
SECTION 4. COUNTY OFFICERS
(a) Any county may elect a chief executive officer as
provided by law. He shall have those duties and powers
provided by law and those provided by county ordinance.
(b) The President of the Cook County Board shall be
elected from the County at large and shall be the chief
executive officer of the County. If authorized by county
ordinance, a person seeking election as President of the Cook
County Board may also seek election as a member of the Board.
(c) Each county shall elect a sheriff, county clerk and
treasurer and may elect or appoint a coroner, recorder,
assessor, auditor and such other officers as provided by law
or by county ordinance. Except as changed pursuant to this
Section, elected county officers shall be elected for terms
of four years at general elections as provided by law. Any
office may be created or eliminated and the terms of office
and manner of selection changed by county-wide referendum.
Offices other than sheriff, county clerk and treasurer may be
eliminated and the terms of office and manner of selection
changed by law. Offices other than sheriff, county clerk,
treasurer, coroner, recorder, assessor and auditor may be
eliminated and the terms of office and manner of selection
changed by county ordinance.
(d) County officers shall have those duties, powers and
functions provided by law and those provided by county
ordinance. County officers shall have the duties, powers or
functions derived from common law or historical precedent
unless altered by law or county ordinance.
(e) The county treasurer or the person designated to
perform his functions may act as treasurer of any unit of
local government and any school district in his county when
requested by any such unit or school district and shall so
act when required to do so by law.
(Source: Illinois Constitution.)
SECTION 5. TOWNSHIPS
The General Assembly shall provide by law for the
formation of townships in any county when approved by
county-wide referendum. Townships may be consolidated or
merged, and one or more townships may be dissolved or
divided, when approved by referendum in each township
affected. All townships in a county may be dissolved when
approved by a referendum in the total area in which township
officers are elected.
(Source: Illinois Constitution.)
SECTION 6. POWERS OF HOME RULE UNITS
(a) A County which has a chief executive officer elected
by the electors of the county and any municipality which has
a population of more than 25,000 are home rule units. Other
municipalities may elect by referendum to become home rule
units. Except as limited by this Section, a home rule unit
may exercise any power and perform any function pertaining to
its government and affairs including, but not limited to, the
power to regulate for the protection of the public health,
safety, morals and welfare; to license; to tax; and to incur
debt.
(b) A home rule unit by referendum may elect not to be a
home rule unit.
(c) If a home rule county ordinance conflicts with an
ordinance of a municipality, the municipal ordinance shall
prevail within its jurisdiction.
(d) A home rule unit does not have the power (1) to
incur debt payable from ad valorem property tax receipts
maturing more than 40 years from the time it is incurred or
(2) to define and provide for the punishment of a felony.
(e) A home rule unit shall have only the power that the
General Assembly may provide by law (1) to punish by
imprisonment for more than six months or (2) to license for
revenue or impose taxes upon or measured by income or
earnings or upon occupations.
(f) A home rule unit shall have the power subject to
approval by referendum to adopt, alter or repeal a form of
government provided by law, except that the form of
government of Cook County shall be subject to the provisions
of Section 3 of this Article. A home rule municipality shall
have the power to provide for its officers, their manner of
selection and terms of office only as approved by referendum
or as otherwise authorized by law. A home rule county shall
have the power to provide for its officers, their manner of
selection and terms of office in the manner set forth in
Section 4 of this Article.
(g) The General Assembly by a law approved by the vote
of three-fifths of the members elected to each house may deny
or limit the power to tax and any other power or function of
a home rule unit not exercised or performed by the State
other than a power or function specified in subsection (l) of
this section.
(h) The General Assembly may provide specifically by law
for the exclusive exercise by the State of any power or
function of a home rule unit other than a taxing power or a
power or function specified in subsection (l) of this
Section.
(i) Home rule units may exercise and perform
concurrently with the State any power or function of a home
rule unit to the extent that the General Assembly by law does
not specifically limit the concurrent exercise or
specifically declare the State's exercise to be exclusive.
(j) The General Assembly may limit by law the amount of
debt which home rule counties may incur and may limit by law
approved by three-fifths of the members elected to each house
the amount of debt, other than debt payable from ad valorem
property tax receipts, which home rule municipalities may
incur.
(k) The General Assembly may limit by law the amount and
require referendum approval of debt to be incurred by home
rule municipalities, payable from ad valorem property tax
receipts, only in excess of the following percentages of the
assessed value of its taxable property: (1) if its population
is 500,000 or more, an aggregate of three percent; (2) if its
population is more than 25,000 and less than 500,000, an
aggregate of one percent; and (3) if its population is 25,000
or less, an aggregate of one-half percent. Indebtedness which
is outstanding on the effective date of this Constitution or
which is thereafter approved by referendum or assumed from
another unit of local government shall not be included in the
foregoing percentage amounts.
(l) The General Assembly may not deny or limit the power
of home rule units (1) to make local improvements by special
assessment and to exercise this power jointly with other
counties and municipalities, and other classes of units of
local government having that power on the effective date of
this Constitution unless that power is subsequently denied by
law to any such other units of local government or (2) to
levy or impose additional taxes upon areas within their
boundaries in the manner provided by law for the provision of
special services to those areas and for the payment of debt
incurred in order to provide those special services.
(m) Powers and functions of home rule units shall be
construed liberally.
(Source: Illinois Constitution.)
SECTION 7. COUNTIES AND MUNICIPALITIES OTHER
THAN HOME RULE UNITS
Counties and municipalities which are not home rule units
shall have only powers granted to them by law and the powers
(1) to make local improvements by special assessment and to
exercise this power jointly with other counties and
municipalities, and other classes of units of local
government having that power on the effective date of this
Constitution unless that power is subsequently denied by law
to any such other units of local government; (2) by
referendum, to adopt, alter or repeal their forms of
government provided by law; (3) in the case of
municipalities, to provide by referendum for their officers,
manner of selection and terms of office; (4) in the case of
counties, to provide for their officers, manner of selection
and terms of office as provided in Section 4 of this Article;
(5) to incur debt except as limited by law and except that
debt payable from ad valorem property tax receipts shall
mature within 40 years from the time it is incurred; and (6)
to levy or impose additional taxes upon areas within their
boundaries in the manner provided by law for the provision of
special services to those areas and for the payment of debt
incurred in order to provide those special services.
(Source: Illinois Constitution.)
SECTION 8. POWERS AND OFFICERS OF SCHOOL
DISTRICTS AND UNITS OF LOCAL
GOVERNMENT OTHER THAN COUNTIES
AND MUNICIPALITIES
Townships, school districts, special districts and units,
designated by law as units of local government, which
exercise limited governmental powers or powers in respect to
limited governmental subjects shall have only powers granted
by law. No law shall grant the power (1) to any of the
foregoing units to incur debt payable from ad valorem
property tax receipts maturing more than 40 years from the
time it is incurred, or (2) to make improvements by special
assessments to any of the foregoing classes of units which do
not have that power on the effective date of this
Constitution. The General Assembly shall provide by law for
the selection of officers of the foregoing units, but the
officers shall not be appointed by any person in the Judicial
Branch.
(Source: Illinois Constitution.)
SECTION 9. SALARIES AND FEES
(a) Compensation of officers and employees and the
office expenses of units of local government shall not be
paid from fees collected. Fees may be collected as provided
by law and by ordinance and shall be deposited upon receipt
with the treasurer of the unit. Fees shall not be based upon
funds disbursed or collected, nor upon the levy or extension
of taxes.
(b) An increase or decrease in the salary of an elected
officer of any unit of local government shall not take effect
during the term for which that officer is elected.
(Source: Illinois Constitution.)
SECTION 10. INTERGOVERNMENTAL COOPERATION
(a) Units of local government and school districts may
contract or otherwise associate among themselves, with the
State, with other states and their units of local government
and school districts, and with the United States to obtain or
share services and to exercise, combine, or transfer any
power or function, in any manner not prohibited by law or by
ordinance. Units of local government and school districts may
contract and otherwise associate with individuals,
associations, and corporations in any manner not prohibited
by law or by ordinance. Participating units of government may
use their credit, revenues, and other resources to pay costs
and to service debt related to intergovernmental activities.
(b) Officers and employees of units of local government
and school districts may participate in intergovernmental
activities authorized by their units of government without
relinquishing their offices or positions.
(c) The State shall encourage intergovernmental
cooperation and use its technical and financial resources to
assist intergovernmental activities.
(Source: Illinois Constitution.)
SECTION 11. INITIATIVE AND REFERENDUM
(a) Proposals for actions which are authorized by this
Article or by law and which require approval by referendum
may be initiated and submitted to the electors by resolution
of the governing board of a unit of local government or by
petition of electors in the manner provided by law.
(b) Referenda required by this Article shall be held at
general elections, except as otherwise provided by law.
Questions submitted to referendum shall be adopted if
approved by a majority of those voting on the question unless
a different requirement is specified in this Article.
(Source: Illinois Constitution.)
SECTION 12. IMPLEMENTATION OF GOVERNMENTAL CHANGES
The General Assembly shall provide by law for the
transfer of assets, powers and functions, and for the payment
of outstanding debt in connection with the formation,
consolidation, merger, division, dissolution and change in
the boundaries of units of local government.
(Source: Illinois Constitution.)
ARTICLE VIII
FINANCE
SECTION 1. GENERAL PROVISIONS
(a) Public funds, property or credit shall be used only
for public purposes.
(b) The State, units of local government and school
districts shall incur obligations for payment or make
payments from public funds only as authorized by law or
ordinance.
(c) Reports and records of the obligation, receipt and
use of public funds of the State, units of local government
and school districts are public records available for
inspection by the public according to law.
(Source: Illinois Constitution.)
SECTION 2. STATE FINANCE
(a) The Governor shall prepare and submit to the General
Assembly, at a time prescribed by law, a State budget for the
ensuing fiscal year. The budget shall set forth the estimated
balance of funds available for appropriation at the beginning
of the fiscal year, the estimated receipts, and a plan for
expenditures and obligations during the fiscal year of every
department, authority, public corporation and quasi-public
corporation of the State, every State college and university,
and every other public agency created by the State, but not
of units of local government or school districts. The budget
shall also set forth the indebtedness and contingent
liabilities of the State and such other information as may be
required by law. Proposed expenditures shall not exceed funds
estimated to be available for the fiscal year as shown in the
budget.
(b) The General Assembly by law shall make
appropriations for all expenditures of public funds by the
State. Appropriations for a fiscal year shall not exceed
funds estimated by the General Assembly to be available
during that year.
(Source: Illinois Constitution.)
SECTION 3. STATE AUDIT AND AUDITOR GENERAL
(a) The General Assembly shall provide by law for the
audit of the obligation, receipt and use of public funds of
the State. The General Assembly, by a vote of three-fifths of
the members elected to each house, shall appoint an Auditor
General and may remove him for cause by a similar vote. The
Auditor General shall serve for a term of ten years. His
compensation shall be established by law and shall not be
diminished, but may be increased, to take effect during his
term.
(b) The Auditor General shall conduct the audit of
public funds of the State. He shall make additional reports
and investigations as directed by the General Assembly. He
shall report his findings and recommendations to the General
Assembly and to the Governor.
(Source: Illinois Constitution.)
SECTION 4. SYSTEMS OF ACCOUNTING, AUDITING AND REPORTING
The General Assembly by law shall provide systems of
accounting, auditing and reporting of the obligation, receipt
and use of public funds. These systems shall be used by all
units of local government and school districts.
(Source: Illinois Constitution.)
ARTICLE IX
REVENUE
SECTION 1. STATE REVENUE POWER
The General Assembly has the exclusive power to raise
revenue by law except as limited or otherwise provided in
this Constitution. The power of taxation shall not be
surrendered, suspended, or contracted away.
(Source: Illinois Constitution.)
SECTION 2. NON-PROPERTY TAXES - CLASSIFICATION,
EXEMPTIONS, DEDUCTIONS, ALLOWANCES
AND CREDITS
In any law classifying the subjects or objects of
non-property taxes or fees, the classes shall be reasonable
and the subjects and objects within each class shall be taxed
uniformly. Exemptions, deductions, credits, refunds and other
allowances shall be reasonable.
(Source: Illinois Constitution.)
SECTION 3. LIMITATIONS ON INCOME TAXATION
(a) A tax on or measured by income shall be at a
non-graduated rate. At any one time there may be no more than
one such tax imposed by the State for State purposes on
individuals and one such tax so imposed on corporations. In
any such tax imposed upon corporations the rate shall not
exceed the rate imposed on individuals by more than a ratio
of 8 to 5.
(b) Laws imposing taxes on or measured by income may
adopt by reference provisions of the laws and regulations of
the United States, as they then exist or thereafter may be
changed, for the purpose of arriving at the amount of income
upon which the tax is imposed.
(Source: Illinois Constitution.)
SECTION 4. REAL PROPERTY TAXATION
(a) Except as otherwise provided in this Section, taxes
upon real property shall be levied uniformly by valuation
ascertained as the General Assembly shall provide by law.
(b) Subject to such limitations as the General Assembly
may hereafter prescribe by law, counties with a population of
more than 200,000 may classify or continue to classify real
property for purposes of taxation. Any such classification
shall be reasonable and assessments shall be uniform within
each class. The level of assessment or rate of tax of the
highest class in a county shall not exceed two and one-half
times the level of assessment or rate of tax of the lowest
class in that county. Real property used in farming in a
county shall not be assessed at a higher level of assessment
than single family residential real property in that county.
(c) Any depreciation in the value of real estate
occasioned by a public easement may be deducted in assessing
such property.
(Source: Illinois Constitution.)
SECTION 5. PERSONAL PROPERTY TAXATION
(a) The General Assembly by law may classify personal
property for purposes of taxation by valuation, abolish such
taxes on any or all classes and authorize the levy of taxes
in lieu of the taxation of personal property by valuation.
(b) Any ad valorem personal property tax abolished on or
before the effective date of this Constitution shall not be
reinstated.
(c) On or before January 1, 1979, the General Assembly
by law shall abolish all ad valorem personal property taxes
and concurrently therewith and thereafter shall replace all
revenue lost by units of local government and school
districts as a result of the abolition of ad valorem personal
property taxes subsequent to January 2, 1971. Such revenue
shall be replaced by imposing statewide taxes, other than ad
valorem taxes on real estate, solely on those classes
relieved of the burden of paying ad valorem personal property
taxes because of the abolition of such taxes subsequent to
January 2, 1971. If any taxes imposed for such replacement
purposes are taxes on or measured by income, such replacement
taxes shall not be considered for purposes of the limitations
of one tax and the ratio of 8 to 5 set forth in Section 3(a)
of this Article.
(Source: Illinois Constitution.)
SECTION 6. EXEMPTIONS FROM PROPERTY TAXATION
The General Assembly by law may exempt from taxation only
the property of the State, units of local government and
school districts and property used exclusively for
agricultural and horticultural societies, and for school,
religious, cemetery and charitable purposes. The General
Assembly by law may grant homestead exemptions or rent
credits.
(Source: Illinois Constitution.)
SECTION 7. OVERLAPPING TAXING DISTRICTS
The General Assembly may provide by law for fair
apportionment of the burden of taxation of property situated
in taxing districts that lie in more than one county.
(Source: Illinois Constitution.)
SECTION 8. TAX SALES
(a) Real property shall not be sold for the nonpayment
of taxes or special assessments without judicial proceedings.
(b) The right of redemption from all sales of real
estate for the nonpayment of taxes or special assessments,
except as provided in subsections (c) and (d), shall exist in
favor of owners and persons interested in such real estate
for not less than 2 years following such sales.
(c) The right of redemption from the sale for nonpayment
of taxes or special assessments of a parcel of real estate
which: (1) is vacant non-farm real estate or (2) contains an
improvement consisting of a structure or structures each of
which contains 7 or more residential units or (3) is
commercial or industrial property; shall exist in favor of
owners and persons interested in such real estate for not
less than one year following such sales.
(d) The right of redemption from the sale for nonpayment
of taxes or special assessments of a parcel real estate
which: (1) is vacant non-farm real estate or (2) contains an
improvement consisting of a structure or structures each of
which contains 7 or more residential units or (3) is
commercial or industrial property; and upon which all or a
part of the general taxes for each of 2 or more years are
delinquent shall exist in favor of owners and persons
interested in such real estate for not less than 6 months
following such sales.
(e) Owners, occupants and parties interested shall be
given reasonable notice of the sale and the date of
expiration of the period of redemption as the General
Assembly provides by law.
(Source: Amendment adopted at general election November 6,
1990.)
SECTION 9. STATE DEBT
(a) No State debt shall be incurred except as provided
in this Section. For the purpose of this Section, "State
debt" means bonds or other evidences of indebtedness which
are secured by the full faith and credit of the State or are
required to be repaid, directly or indirectly, from tax
revenue and which are incurred by the State, any department,
authority, public corporation or quasi-public corporation of
the State, any State college or university, or any other
public agency created by the State, but not by units of local
government, or school districts.
(b) State debt for specific purposes may be incurred or
the payment of State or other debt guaranteed in such amounts
as may be provided either in a law passed by the vote of
three-fifths of the members elected to each house of the
General Assembly or in a law approved by a majority of the
electors voting on the question at the next general election
following passage. Any law providing for the incurring or
guaranteeing of debt shall set forth the specific purposes
and the manner of repayment.
(c) State debt in anticipation of revenues to be
collected in a fiscal year may be incurred by law in an
amount not exceeding 5% of the State's appropriations for
that fiscal year. Such debt shall be retired from the
revenues realized in that fiscal year.
(d) State debt may be incurred by law in an amount not
exceeding 15% of the State's appropriations for that fiscal
year to meet deficits caused by emergencies or failures of
revenue. Such law shall provide that the debt be repaid
within one year of the date it is incurred.
(e) State debt may be incurred by law to refund
outstanding State debt if the refunding debt matures within
the term of the outstanding State debt.
(f) The State, departments, authorities, public
corporations and quasi-public corporations of the State, the
State colleges and universities and other public agencies
created by the State, may issue bonds or other evidences of
indebtedness which are not secured by the full faith and
credit or tax revenue of the State nor required to be repaid,
directly or indirectly, from tax revenue, for such purposes
and in such amounts as may be authorized by law.
(Source: Illinois Constitution.)
SECTION 10. REVENUE ARTICLE NOT LIMITED
This Article is not qualified or limited by the
provisions of Article VII of this Constitution concerning the
size of the majorities in the General Assembly necessary to
deny or limit the power to tax granted to units of local
government.
(Source: Illinois Constitution.)
SECTION 11. TRANSPORTATION FUNDS
(a) No moneys, including bond proceeds, derived from taxes,
fees, excises, or license taxes relating to registration,
title, or operation or use of vehicles, or related to the use
of highways, roads, streets, bridges, mass transit, intercity
passenger rail, ports, airports, or to fuels used for
propelling vehicles, or derived from taxes, fees, excises, or
license taxes relating to any other transportation
infrastructure or transportation operation, shall be expended
for purposes other than as provided in subsections (b) and (c).
(b) Transportation funds may be expended for the following:
the costs of administering laws related to vehicles and
transportation, including statutory refunds and adjustments
provided in those laws; payment of highway obligations; costs
for construction, reconstruction, maintenance, repair, and
betterment of highways, roads, streets, bridges, mass transit,
intercity passenger rail, ports, airports, or other forms of
transportation; and other statutory highway purposes.
Transportation funds may also be expended for the State or
local share of highway funds to match federal aid highway
funds, and expenses of grade separation of highways and
railroad crossings, including protection of at-grade highways
and railroad crossings, and, with respect to local governments,
other transportation purposes as authorized by law.
(c) The costs of administering laws related to vehicles and
transportation shall be limited to direct program expenses
related to the following: the enforcement of traffic, railroad,
and motor carrier laws; the safety of highways, roads, streets,
bridges, mass transit, intercity passenger rail, ports, or
airports; and the construction, reconstruction, improvement,
repair, maintenance, operation, and administration of
highways, under any related provisions of law or any purpose
related or incident to, including grade separation of highways
and railroad crossings. The limitations to the costs of
administering laws related to vehicles and transportation
under this subsection (c) shall also include direct program
expenses related to workers' compensation claims for death or
injury of employees of the State's transportation agency; the
acquisition of land and the erection of buildings for highway
purposes, including the acquisition of highway rights-of-way
or for investigations to determine the reasonable anticipated
future highway needs; and the making of surveys, plans,
specifications, and estimates for the construction and
maintenance of flight strips and highways. The expenses related
to the construction and maintenance of flight strips and
highways under this subsection (c) are for the purpose of
providing access to military and naval reservations,
defense-industries, defense-industry sites, and sources of raw
materials, including the replacement of existing highways and
highway connections shut off from general use at military and
naval reservations, defense-industries, and defense-industry
sites, or the purchase of rights-of-way.
(d) None of the revenues described in subsection (a) of
this Section shall, by transfer, offset, or otherwise, be
diverted to any purpose other than those described in
subsections (b) and (c) of this Section.
(e) If the General Assembly appropriates funds for a mode
of transportation not described in this Section, the General
Assembly must provide for a dedicated source of funding.
(f) Federal funds may be spent for any purposes authorized
by federal law.
(Source: Amendment adopted at general election November 8,
2016.)
ARTICLE X
EDUCATION
SECTION 1. GOAL - FREE SCHOOLS
A fundamental goal of the People of the State is the
educational development of all persons to the limits of their
capacities.
The State shall provide for an efficient system of high
quality public educational institutions and services.
Education in public schools through the secondary level shall
be free. There may be such other free education as the
General Assembly provides by law.
The State has the primary responsibility for financing
the system of public education.
(Source: Illinois Constitution.)
SECTION 2. STATE BOARD OF EDUCATION - CHIEF STATE EDUCATIONAL
OFFICER
(a) There is created a State Board of Education to be
elected or selected on a regional basis. The number of
members, their qualifications, terms of office and manner of
election or selection shall be provided by law. The Board,
except as limited by law, may establish goals, determine
policies, provide for planning and evaluating education
programs and recommend financing. The Board shall have such
other duties and powers as provided by law.
(b) The State Board of Education shall appoint a chief
state educational officer.
(Source: Illinois Constitution.)
SECTION 3. PUBLIC FUNDS FOR SECTARIAN PURPOSES FORBIDDEN
Neither the General Assembly nor any county, city, town,
township, school district, or other public corporation, shall
ever make any appropriation or pay from any public fund
whatever, anything in aid of any church or sectarian purpose,
or to help support or sustain any school, academy, seminary,
college, university, or other literary or scientific
institution, controlled by any church or sectarian
denomination whatever; nor shall any grant or donation of
land, money, or other personal property ever be made by the
State, or any such public corporation, to any church, or for
any sectarian purpose.
(Source: Illinois Constitution.)
ARTICLE XI
ENVIRONMENT
SECTION 1. PUBLIC POLICY - LEGISLATIVE RESPONSIBILITY
The public policy of the State and the duty of each
person is to provide and maintain a healthful environment for
the benefit of this and future generations. The General
Assembly shall provide by law for the implementation and
enforcement of this public policy.
(Source: Illinois Constitution.)
SECTION 2. RIGHTS OF INDIVIDUALS
Each person has the right to a healthful environment.
Each person may enforce this right against any party,
governmental or private, through appropriate legal
proceedings subject to reasonable limitation and regulation
as the General Assembly may provide by law.
(Source: Illinois Constitution.)
ARTICLE XII
MILITIA
SECTION 1. MEMBERSHIP
The State militia consists of all able-bodied persons
residing in the State except those exempted by law.
(Source: Illinois Constitution.)
SECTION 2. SUBORDINATION OF MILITARY POWER
The military shall be in strict subordination to the
civil power.
(Source: Illinois Constitution.)
SECTION 3. ORGANIZATION, EQUIPMENT AND DISCIPLINE
The General Assembly shall provide by law for the
organization, equipment and discipline of the militia in
conformity with the laws governing the armed forces of the
United States.
(Source: Illinois Constitution.)
SECTION 4. COMMANDER-IN-CHIEF AND OFFICERS
(a) The Governor is commander-in-chief of the organized
militia, except when they are in the service of the United
States. He may call them out to enforce the laws, suppress
insurrection or repel invasion.
(b) The Governor shall commission militia officers who
shall hold their commissions for such time as may be provided
by law.
(Source: Illinois Constitution.)
SECTION 5. PRIVILEGE FROM ARREST
Except in cases of treason, felony or breach of peace,
persons going to, returning from or on militia duty are
privileged from arrest.
(Source: Illinois Constitution.)
ARTICLE XIII
GENERAL PROVISIONS
SECTION 1. DISQUALIFICATION FOR PUBLIC OFFICE
A person convicted of a felony, bribery, perjury or other
infamous crime shall be ineligible to hold an office created
by this Constitution. Eligibility may be restored as provided
by law.
(Source: Illinois Constitution.)
SECTION 2. STATEMENT OF ECONOMIC INTERESTS
All candidates for or holders of state offices and all
members of a Commission or Board created by this Constitution
shall file a verified statement of their economic interests,
as provided by law. The General Assembly by law may impose a
similar requirement upon candidates for, or holders of,
offices in units of local government and school districts.
Statements shall be filed annually with the Secretary of
State and shall be available for inspection by the public.
The General Assembly by law shall prescribe a reasonable time
for filing the statement. Failure to file a statement within
the time prescribed shall result in ineligibility for, or
forfeiture of, office. This Section shall not be construed as
limiting the authority of any branch of government to
establish and enforce ethical standards for that branch.
(Source: Illinois Constitution.)
SECTION 3. OATH OR AFFIRMATION OF OFFICE
Each prospective holder of a State office or other State
position created by this Constitution, before taking office,
shall take and subscribe to the following oath or
affirmation:
"I do solemnly swear (affirm) that I will support the
Constitution of the United States, and the Constitution of
the State of Illinois, and that I will faithfully discharge
the duties of the office of .... to the best of my ability."
(Source: Illinois Constitution.)
SECTION 4. SOVEREIGN IMMUNITY ABOLISHED
Except as the General Assembly may provide by law,
sovereign immunity in this State is abolished.
(Source: Illinois Constitution.)
SECTION 5. PENSION AND RETIREMENT RIGHTS
Membership in any pension or retirement system of the
State, any unit of local government or school district, or
any agency or instrumentality thereof, shall be an
enforceable contractual relationship, the benefits of which
shall not be diminished or impaired.
(Source: Illinois Constitution.)
SECTION 6. CORPORATIONS
Corporate charters shall be granted, amended, dissolved,
or extended only pursuant to general laws.
(Source: Illinois Constitution.)
SECTION 7. PUBLIC TRANSPORTATION
Public transportation is an essential public purpose for
which public funds may be expended. The General Assembly by
law may provide for, aid, and assist public transportation,
including the granting of public funds or credit to any
corporation or public authority authorized to provide public
transportation within the State.
(Source: Illinois Constitution.)
SECTION 8. BRANCH BANKING
Branch banking shall be authorized only by law approved
by three-fifths of the members voting on the question or a
majority of the members elected, whichever is greater, in
each house of the General Assembly.
(Source: Illinois Constitution.)
ARTICLE XIV
CONSTITUTIONAL REVISION
SECTION 1. CONSTITUTIONAL CONVENTION
(a) Whenever three-fifths of the members elected to each
house of the General Assembly so direct, the question of
whether a Constitutional Convention should be called shall be
submitted to the electors at the general election next
occurring at least six months after such legislative
direction.
(b) If the question of whether a Convention should be
called is not submitted during any twenty-year period, the
Secretary of State shall submit such question at the general
election in the twentieth year following the last submission.
(c) The vote on whether to call a Convention shall be on
a separate ballot. A Convention shall be called if approved
by three-fifths of those voting on the question or a majority
of those voting in the election.
(d) The General Assembly, at the session following
approval by the electors, by law shall provide for the
Convention and for the election of two delegates from each
Legislative District; designate the time and place of the
Convention's first meeting which shall be within three months
after the election of delegates; fix and provide for the pay
of delegates and officers; and provide for expenses
necessarily incurred by the Convention.
(e) To be eligible to be a delegate a person must meet
the same eligibility requirements as a member of the General
Assembly. Vacancies shall be filled as provided by law.
(f) The Convention shall prepare such revision of or
amendments to the Constitution as it deems necessary. Any
proposed revision or amendments approved by a majority of the
delegates elected shall be submitted to the electors in such
manner as the Convention determines, at an election
designated or called by the Convention occurring not less
than two nor more than six months after the Convention's
adjournment. Any revision or amendments proposed by the
Convention shall be published with explanations, as the
Convention provides, at least one month preceding the
election.
(g) The vote on the proposed revision or amendments
shall be on a separate ballot. Any proposed revision or
amendments shall become effective, as the Convention
provides, if approved by a majority of those voting on the
question.
(Source: Illinois Constitution.)
SECTION 2. AMENDMENTS BY GENERAL ASSEMBLY
(a) Amendments to this Constitution may be initiated in
either house of the General Assembly. Amendments shall be
read in full on three different days in each house and
reproduced before the vote is taken on final passage.
Amendments approved by the vote of three-fifths of the
members elected to each house shall be submitted to the
electors at the general election next occurring at least six
months after such legislative approval, unless withdrawn by a
vote of a majority of the members elected to each house.
(b) Amendments proposed by the General Assembly shall be
published with explanations, as provided by law, at least one
month preceding the vote thereon by the electors. The vote on
the proposed amendment or amendments shall be on a separate
ballot. A proposed amendment shall become effective as the
amendment provides if approved by either three-fifths of
those voting on the question or a majority of those voting in
the election.
(c) The General Assembly shall not submit proposed
amendments to more than three Articles of the Constitution at
any one election. No amendment shall be proposed or submitted
under this Section from the time a Convention is called until
after the electors have voted on the revision or amendments,
if any, proposed by such Convention.
(Source: Illinois Constitution.)
SECTION 3. CONSTITUTIONAL INITIATIVE FOR LEGISLATIVE ARTICLE
Amendments to Article IV of this Constitution may be
proposed by a petition signed by a number of electors equal
in number to at least eight percent of the total votes cast
for candidates for Governor in the preceding gubernatorial
election. Amendments shall be 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 is to be
submitted, shall have been signed by the petitioning electors
not more than twenty-four 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.
(Source: Illinois Constitution.)
SECTION 4. AMENDMENTS TO THE CONSTITUTION OF THE UNITED
STATES
The affirmative vote of three-fifths of the members
elected to each house of the General Assembly shall be
required to request Congress to call a Federal Constitutional
Convention, to ratify a proposed amendment to the
Constitution of the United States, or to call a State
Convention to ratify a proposed amendment to the Constitution
of the United States. The General Assembly shall not take
action on any proposed amendment to the Constitution of the
United States submitted for ratification by legislatures
unless a majority of the members of the General Assembly
shall have been elected after the proposed amendment has been
submitted for ratification. The requirements of this Section
shall govern to the extent that they are not inconsistent
with requirements established by the United States.
(Source: Illinois Constitution.)
TRANSITION SCHEDULE
The following Schedule Provisions shall remain part of
this Constitution until their terms have been executed. Once
each year the Attorney General shall review the following
provisions and certify to the Secretary of State which, if
any, have been executed. Any provisions so certified shall
thereafter be removed from the Schedule and no longer
published as part of this Constitution.
Section 1. (Removed)
Section 2. Prospective Operation of Bill of Rights.
Section 3. (Removed)
Section 4. Judicial Offices.
Section 5. Local Government.
Section 6. Authorized Bonds.
Section 7. (Removed)
Section 8. Cumulative Voting for Directors.
Section 9. General Transition.
Section 10. (Removed)
(Source: Illinois Constitution.)
SECTION 2. PROSPECTIVE OPERATION OF BILL OF RIGHTS
Any rights, procedural or substantive, created for the
first time by Article I shall be prospective and not
retroactive.
(Source: Illinois Constitution.)
SECTION 4. JUDICIAL OFFICES
(a) On the effective date of this Constitution,
Associate Judges and magistrates shall become Circuit Judges
and Associate Judges, respectively, of their Circuit Courts.
All laws and rules of court theretofore applicable to
Associate Judges and magistrates shall remain in force and be
applicable to the persons in their new offices until changed
by the General Assembly or the Supreme Court, as the case may
be.
(b) (Removed)
(c) (Removed)
(d) Until otherwise provided by law and except to the
extent that the authority is inconsistent with Section 8 of
Article VII, the Circuit Courts shall continue to exercise
the non-judicial functions vested by law as of December 31,
1963, in county courts or the judges thereof.
(Source: Illinois Constitution.)
SECTION 5. LOCAL GOVERNMENT
(a) The number of members of a county board in a county
which, as of the effective date of this Constitution, elects
three members at large may be changed only as approved by
county-wide referendum. If the number of members of such a
county board is changed by county-wide referendum, the
provisions of Section 3(a) of Article VII relating to the
number of members of a county board shall govern thereafter.
(b) In Cook County, until (1) a method of election of
county board members different from the method in existence
on the effective date of this Constitution is approved by a
majority of votes cast both in Chicago and in the area
outside Chicago in a county-wide referendum or (2) the Cook
County Board by ordinance divides the county into single
member districts from which members of the County Board
resident in each district are elected, the number of members
of the Cook County Board shall be fifteen except that the
county board may increase the number if necessary to comply
with apportionment requirements. If either of the foregoing
changes is made, the provisions of Section 3(a) of Article
VII shall apply thereafter to Cook County.
(c) Townships in existence on the effective date of this
Constitution are continued until consolidated, merged,
divided or dissolved in accordance with Section 5 of Article
VII.
(Source: Illinois Constitution.)
SECTION 6. AUTHORIZED BONDS
Nothing in Section 9 of Article IX shall be construed to
limit or impair the power to issue bonds or other evidences
of indebtedness authorized but unissued on the effective date
of this Constitution.
(Source: Illinois Constitution.)
SECTION 8. CUMULATIVE VOTING FOR DIRECTORS
Shareholders of all corporations heretofore organized
under any law of this State which requires cumulative voting
of shares for corporate directors shall retain their right to
vote cumulatively for such directors.
(Source: Illinois Constitution.)
SECTION 9. GENERAL TRANSITION
The rights and duties of all public bodies shall remain
as if this Constitution had not been adopted with the
exception of such changes as are contained in this
Constitution. All laws, ordinances, regulations and rules of
court not contrary to, or inconsistent with, the provisions
of this Constitution shall remain in force, until they shall
expire by their own limitation or shall be altered or
repealed pursuant to this Constitution. The validity of all
public and private bonds, debts and contracts, and of all
suits, actions and rights of action, shall continue as if no
change had taken place. All officers filling any office by
election or appointment shall continue to exercise the duties
thereof, until their offices shall have been abolished or
their successors selected and qualified in accordance with
this Constitution or laws enacted pursuant thereto.
(Source: Illinois Constitution.)
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