Illinois Ballot Initiatives: Becoming Law

Ballot initiatives are a form of direct democracy that allows citizens to propose and enact laws or constitutional amendments without the intervention of the state legislature. In Illinois, citizens can only initiate constitutional amendments that amend Article IV of the Illinois Constitution. This process is known as the initiative process, and it involves several steps, including writing the proposed law, collecting signatures, and getting the initiative on the ballot for voters to approve or deny. The number of required signatures is calculated as a percentage of the votes cast in the preceding gubernatorial election, and the deadline for submitting signatures is six months before the general election.

Citizens can only initiate constitutional amendments

In Illinois, citizens can only initiate constitutional amendments, and may not initiate state statutes or veto referendums. These initiated constitutional amendments can only amend Article IV of the Illinois Constitution, and must address structural and procedural subjects contained in Article IV.

The process of initiating a constitutional amendment begins with the drafting of a proposal, which must then be submitted to the Attorney General for an official title and summary. Following this, petitions are circulated to collect signatures from registered voters. The number of signatures required for an initiated constitutional amendment in Illinois is 8% of the total votes cast for the governor in the preceding gubernatorial election. These signatures must be submitted to county election officials for verification. Once the signatures have been verified, the proposal will either be qualified for the ballot or failed by the Secretary of State. If qualified, the proposal will be put to a vote, and if approved by a majority of voters, it will become law.

It is important to note that there are certain restrictions and regulations in place that limit the scope and content of proposed initiatives. For example, proposals must only address one topic and must not include unfunded mandates. Additionally, there are specific procedures that must be followed when filing petition applications, and there may be requirements for preliminary signatures. The process of initiating a constitutional amendment in Illinois can be complex and involves several steps, but it provides citizens with a way to directly propose changes to the state's constitution.

Amendments must address structural and procedural subjects

Illinois has strict rules regarding the subjects that ballot initiatives can address. Citizens of Illinois can only initiate constitutional amendments, and these amendments can only amend Article IV of the Illinois Constitution.

The Illinois Constitution further restricts ballot initiatives to addressing "structural and procedural subjects" within Article IV. This means that initiatives must propose amendments that are both structural and procedural in nature. For example, a proposal to convert from a bicameral to a unicameral legislature would qualify as it addresses both the structure and procedure of the legislature.

The Illinois Supreme Court has interpreted this provision strictly, as seen in the Coalition for Political Honesty v. State Board of Elections (1976) case. This interpretation has been upheld in subsequent decisions, such as Lousin v. State Board of Elections (1982) and Chicago Bar Association v. Illinois State Board of Elections (1994).

In 2016, an initiative to establish an independent redistricting commission was struck from the ballot, even though it had enough signatures to qualify. The Illinois Supreme Court ruled that the initiative did not meet the "structural and procedural subjects" requirement, as it altered the duties and powers of the attorney general and other officials, which fell outside the scope of Article IV.

Therefore, when crafting a ballot initiative in Illinois, it is crucial to ensure that the proposed amendment addresses both structural and procedural subjects within Article IV of the Illinois Constitution to comply with the state's subject restriction.

Signature requirements for ballot measures

In Illinois, citizens can initiate constitutional amendments that amend Article IV of the Illinois Constitution. The signature requirement for initiated constitutional amendments is 8% of the total votes cast for governor in the preceding gubernatorial election. For example, the number of signatures required for initiated constitutional amendments (8% of the gubernatorial vote) was 145,047 in 2022, 148,463 in 2020, and 142,414 in 2018. Citizen-initiated ballot measures can appear on general election ballots (even-numbered years). The deadline for submitting signatures to get an initiative or referendum on the ballot for a particular general election is six months before that election.

In Illinois, there is no single-subject rule, meaning initiatives do not have to address only one topic. However, there are subject restrictions in place. Initiated measures in Illinois may only amend Article IV of the Illinois Constitution and address "structural and procedural subjects" contained in Article IV.

The process for getting on the ballot

Crafting an Initiative

The first step is to draft the proposed initiative, which must be a constitutional amendment in Illinois. This amendment can only address the structural and procedural subjects contained in Article IV of the Illinois Constitution. It is important to note that Illinois does not have a single-subject rule, meaning initiatives can cover multiple topics.

Applying to Petition

In Illinois, there is no requirement to submit initiative applications or draft petitions before circulating them. However, petitions must include the text of the amendment and the date of the general election.

Collecting Signatures

To get on the ballot, initiatives must meet specific signature requirements. In Illinois, the requirement for initiated constitutional amendments is 8% of the total votes cast for governor in the preceding gubernatorial election. Signatures can be collected up to 24 months before the general election, and there is no distribution requirement for where these signatures must be collected within the state. Additionally, Illinois does not have a restriction on who can collect signatures, and circulators are not required to be residents of the state.

Signature Verification and Ballot Preparation

Once the signatures have been collected, they are submitted to the state officials for verification. The Secretary of State forwards the signed petitions to the State Board of Elections, which verifies the signatures through a random sample method. After signature verification, proponents of the amendment must prepare an explanation and argument for their amendment, as well as the form of the amendment as it will appear on the ballot. Opponents of the amendment, such as state legislators, can write an opposing argument. The ballot language is then submitted to the Illinois Attorney General for review and potential revision to ensure accuracy and fairness.

Getting on the Ballot

After the signature verification and ballot preparation steps, the initiative can be placed on the ballot for the next general election. It is important to note that the deadline for submitting signatures is six months before the general election.

The election and beyond

Once an initiative has made it onto the ballot, there are still several challenges to overcome before it can become law. In Illinois, all amendments must be approved by either a simple majority of those voting in the election or by 3/5 of those voting on the amendment itself. This is known as a supermajority requirement.

After the filing deadline has passed, opponents have 35 days to submit objections to the State Election Board. The Board may call witnesses, issue subpoenas, and rule on the objection. If the objection is denied, the objector can appeal the decision to the Illinois Seventh Judicial Circuit Court within five days.

If an initiative is passed, it can still be repealed by the Illinois General Assembly. However, this can only be done by placing a repeal measure on the ballot, following the ordinary process for legislatively referred constitutional amendments. Each chamber of the General Assembly must pass the amendment by a 3/5 majority, and voters must approve the measure by either a majority of those voting in the election or 3/5 of those voting on the amendment.

There are no limits in Illinois on how soon an initiative can be re-attempted if it fails to pass.

Frequently asked questions