Illinois General Assembly - Full Text of HJR0137
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Full Text of HJR0137  95th General Assembly

HJ0137eng 95TH GENERAL ASSEMBLY

 


 
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1
HOUSE JOINT RESOLUTION 137

 
2     WHEREAS, Article XIV of the 1970 Illinois Constitution
3 requires that if the question of whether a constitutional
4 convention should be called is not submitted during any 20-year
5 period, that question shall be submitted at the general
6 election in the 20th year following the last submission; and
 
7     WHEREAS, The question of the convening of a constitutional
8 convention was submitted to the electorate in 1988, and that
9 question has not been submitted during the past 20-year period;
10 and
 
11     WHEREAS, The 1970 Illinois Constitution requires that the
12 question of whether to call a constitutional convention be
13 submitted to the electorate at the general election in 2008;
14 and
 
15     WHEREAS, The Constitutional Convention Act authorizes the
16 procedure for preparing voter education materials to accompany
17 the question of calling a convention and requires the General
18 Assembly to prepare those materials; and
 
19     WHEREAS, The General Assembly, by House Joint Resolution
20 111, has created a Joint Committee for the Constitutional
21 Convention Proposal to prepare, for adoption by both houses, a

 

 

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1 report which provides a brief explanation and arguments in
2 favor of and against a constitutional convention, as well as
3 the form in which the question will appear on the ballot;
4 therefore, be it
 
5     RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
6 NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
7 SENATE CONCURRING HEREIN, that the report of the Joint
8 Committee for the Constitutional Convention Proposal, as set
9 out in this Resolution, is hereby adopted and shall be
10 certified to the Secretary of State:

 

 

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1
PROPOSED CALL
2
FOR A
3
STATE
4
CONSTITUTIONAL CONVENTION

 
 
 
 
5
That will be submitted to the voters
6
November 4, 2008

 
 
 
7
This pamphlet includes

 
8
EXPLANATION OF THE PROPOSED CALL
9
ARGUMENTS IN FAVOR OF HOLDING A CONVENTION
10
ARGUMENTS AGAINST HOLDING A CONVENTION
11
FORM OF BALLOT

 

 

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1 To the Electors of the State of Illinois:
 
2 The 1970 Illinois Constitution requires the electors of the
3 State to decide, every 20 years, if it is necessary to revise
4 or rewrite the Illinois Constitution. In 1988 the electors
5 rejected the call for a constitutional convention, with 75%
6 voting against and 25% voting in favor of convening a
7 convention. At the general election to be held on November 4,
8 2008, the voters will be called upon to decide whether Illinois
9 should convene a constitutional convention.
 
10
EXPLANATION

 
11 The purpose of a state constitution is to establish a structure
12 for government and laws. The Illinois Constitution provides
13 citizens with rights and protections; creates the executive,
14 judicial, and legislative branches of government; clarifies
15 the powers given to local governments; limits the taxing power
16 of the State; and imposes certain restrictions on the use of
17 taxpayer dollars. There are three ways to initiate change to
18 the Illinois Constitution: (1) a constitutional convention may
19 propose changes to any part; (2) the General Assembly may
20 propose changes to any part; or (3) the people of the State by
21 referendum may propose changes to the Legislative Article.
22 Regardless of the method of initiating change, the people of
23 Illinois must approve any changes to the Constitution before

 

 

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1 they become effective.
 
2 A constitutional convention is a meeting of delegates elected
3 by the people to review the Constitution. During a convention,
4 the delegates may propose changes to parts of the current
5 Constitution, write a new Constitution, or make no changes
6 whatsoever. If the people of the State on November 4, 2008
7 decide it is necessary to call a convention, a separate
8 election will be held to elect delegates to represent the
9 voters during the constitutional convention. The elected
10 delegates will meet to review the current constitution and
11 decide whether the constitution should be revised or rewritten.
12 There is no limit as to how long a constitutional convention
13 may meet. The last constitutional convention met for nine
14 months. Once the delegates complete their work, the voters will
15 have an opportunity to approve or reject proposed changes.
 
16 The call for a constitutional convention will be on the
17 November 4, 2008 general election ballot. Voters that believe
18 the 1970 Illinois Constitution should be reviewed, revised, or
19 rewritten through the convention process should vote "YES" on
20 the question of calling a constitutional convention.
21 Three-fifths of those voting on the question or a majority of
22 those voting in the election must vote "yes" in order for a
23 constitutional convention to be called. Voters that believe
24 that a constitutional convention is not necessary, or that

 

 

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1 changes can be accomplished through other means, should vote
2 "NO" on the calling of a constitutional convention.
 
3
Summary of Arguments In Favor of Holding a Constitutional
4
Convention

 
5     1. A constitutional convention allows delegates to
6 consider important substantive issues that have failed to
7 advance in the legislative process.
8     2. Changes to our state and local governments are best
9 addressed by delegates elected solely to review the
10 Constitution.
11     3. A constitutional convention would provide the first
12 comprehensive review of the Illinois Constitution since its
13 adoption in 1970.
14     4. Any proposed changes to the Constitution must be
15 ratified by the voters before they become effective.
 
16
Summary of Arguments Against Holding a Constitutional
17
Convention

 
18     1. A constitutional convention could cost as much as $78
19 million.
20     2. The current Illinois Constitution could be changed
21 without a constitutional convention, and in fact has been
22 changed 10 times since the last convention.

 

 

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1     3. A constitutional convention could be controlled by
2 special interest groups and lobbyists, and there is no way to
3 limit the issues discussed.
4     4. A convention could threaten the economy by creating an
5 unstable business climate.
 
6
Arguments In Favor of Holding a Constitutional Convention

 
7 Address Important Issues That Have Failed to Advance in the
8 Legislative Process
 
9 Amendments proposed by the General Assembly must be approved by
10 both the Illinois Senate and the Illinois House of
11 Representatives before they are submitted to the voters. If one
12 chamber does not like an amendment, or both chambers cannot
13 agree on the language of the proposed amendment, the voters
14 will never have an opportunity to vote on the proposed change.
15 State Senators and Representatives have proposed hundreds of
16 constitutional amendments, but only six have made it to the
17 ballot since the 1988 vote on whether to call a constitutional
18 convention. Many of the proposals that have failed to advance
19 in the legislative process address important issues such as
20 education funding, state and local taxes, electing judges, and
21 ethics reform to reduce the influence of special interest
22 groups and lobbyists.
 

 

 

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1 Best Chance for Real Change
 
2 Illinois has over 6,900 units of government, far more than any
3 other state in the nation. Delegates to a constitutional
4 convention could propose ideas to consolidate state and local
5 governments to provide citizens with more responsive and
6 cost-effective government services. A convention could restore
7 the confidence of citizens in the political process. Delegates
8 could discuss important issues including term limits for
9 elected officials, citizen initiatives for changes to the
10 Constitution, and a new process for drawing representative
11 boundaries designed to provide fair representation. A
12 constitutional convention with independent-minded delegates is
13 the best opportunity to address the issues and bring about real
14 change.
 
15 Periodic Review Is Important
 
16 The delegates to the 1970 Constitutional Convention wanted to
17 make sure the voters have the opportunity to review the
18 Constitution every 20 years. As one delegate stated during
19 debate at the last Constitutional Convention, "The voters ought
20 to have that chance to express themselves every 20 years."
21 Holding a constitutional convention does not mean that
22 delegates will automatically change the whole document. It is
23 up to the delegates to decide if it is necessary to write a new

 

 

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1 Constitution, update certain portions, or leave the document
2 unchanged.
 
3 Voters Must Approve Any Changes
 
4 Opponents to a constitutional convention argue that special
5 interest groups and lobbyists will influence delegates and
6 dominate the convention for the benefit of their clients, but a
7 strong argument exists that these same groups presently have
8 disproportionate influence over the legislative process. While
9 elected representatives approve any changes to the laws of our
10 State, any changes proposed at a constitutional convention must
11 be approved by the citizens. This approval process gives voters
12 an opportunity to participate directly in any revision of the
13 Constitution, countering the influence of special interest
14 groups and lobbyists.
 
15
Arguments Against Holding a Constitutional Convention

 
16 Convention Expenses Could Be High
 
17 Estimates of the total cost for a constitutional convention
18 range from $58 to $78 million. Illinois is in the midst of a
19 financial crisis that would be made worse by holding a
20 constitutional convention. Instead of paying for important
21 services, your tax dollars would be diverted to pay for the

 

 

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1 cost of electing delegates, salaries for delegates and staff,
2 printing and publication, and other administrative expenses.
3 Considering that there are two inexpensive ways to initiate
4 change if necessary through an amendment process, a convention
5 is a major expense that taxpayers do not need.
 
6 Current Amendment Process Works
 
7 The Constitution can be changed through an amendment process
8 and any changes must be approved by the voters. State Senators
9 and Representatives have the ability to propose changes to any
10 Article of the Constitution, and citizens may propose changes
11 to the structure and procedures of the Legislature. Since 1970,
12 voters have approved 10 of 18 proposed amendments to the
13 Constitution. Amendments encourage the same level of public
14 debate that proponents believe can only be achieved during a
15 constitutional convention. The amendment process is also less
16 costly and it ensures that citizens have an opportunity to
17 approve any change before it becomes effective.
 
18 Influence of Special Interests
 
19 There is no way to keep delegates to a constitutional
20 convention from the influence of special interest groups and
21 lobbyists. To be a delegate, candidates would need to raise
22 funds to run a campaign and win an election. Special interest

 

 

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1 groups and lobbyists will contribute money to these campaigns,
2 and if elected, a delegate may feel indebted to those who made
3 contributions. Delegates are not subject to the same ethical
4 standards as constitutional and legislative officers and do not
5 have to run for re-election, making them less accountable to
6 the voters for their actions. Additionally, there is no way to
7 control the issues debated during a constitutional convention.
8 The convention could be dominated by current controversial
9 issues like abortion, capital punishment, gay marriage, gun
10 control, public education, and state and local taxes.
11 Convention delegates might ultimately spend months or years,
12 and millions of taxpayer dollars, debating policy issues that
13 should be decided by legislators accountable to the people.
 
14 Negative Impact on the State Economy
 
15 Holding a convention at this time could negatively impact the
16 economy. To grow economically and attract new jobs, the State
17 must provide a stable climate for business and labor. An
18 important part of this is a clear, predictable tax structure.
19 Business leaders are worried that the uncertainty created by a
20 convention could make it difficult to keep businesses in
21 Illinois or attract new businesses.
 
22
FORM OF BALLOT

 

 

 

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1
Proposed call for a Constitutional Convention
2
Explanation of Proposed Call

 
3 This proposal deals with a call for a state constitutional
4 convention. The last such convention was held in 1969-70, and a
5 new Constitution was adopted in 1970. The 1970 Illinois
6 Constitution requires that the question of calling a convention
7 be placed before the voters every 20 years. In 1988 the
8 electors rejected the call for a constitutional convention,
9 with 75% voting against calling a convention and 25% voting in
10 favor of calling a convention. If you believe the 1970 Illinois
11 Constitution needs to be revised through the convention
12 process, vote "YES" on the question of calling a constitutional
13 convention. If you believe that a constitutional convention is
14 not necessary, or that changes can be accomplished through
15 other means, vote "NO" on the calling of a constitutional
16 convention.
 
17 -------------------------------------------------------------
18        YES            For the calling -
19 ----------       of a Constitutional
20        NO         Convention.
21 -------------------------------------------------------------