voter petitions for term limits in illinois: a conflict between popular desire and constitutional...
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Voter Petitions For Term Limits In Illinois:A Conflict Between Popular Desire and
Constitutional Constraints
Presented By:Paul R. Hale
JD CandidateLaw & Policy Extern
Summary of Topics
• Article of the Illinois Constitution that applies legislative term limits.
• Methods of amending the Illinois Constitution.• Illinois Supreme Court Case Law.
o Chicago Bar Association v. Illinois State Board of Elections (Il. 1994).
o Coalition for Political Honesty v. State Board of Elections (Il. 1980).
• What is the likelihood of amending the Illinois Constitution to enact term limits?
Term Limits Are At Issue In Illinois
• Legislative term limits have been a popular response to perceived corruption or inaction in state government.
• Paul Simon Public Policy Institute polling indicates that 78.7 percent of voters favor term limits (2012).
• Illinois Governor Candidate Bruce Rauner and The Committee for Legislative Reform and Term Limits are supporting a petition concerning term limits.o Reduces senate seats from 59 to 41.o Increases house seats from 118 to 123.o Imposes an 8 year term limit on all legislators.
Art. IV Sec. 2(c) of the IL Constitution
• Article IV is the Legislative (Leg.) Article of the Illinois Constitution.
• Personal Qualifications for Leg. Serviceo United States citizen.o At least 21 years old.o A resident of the district which he/she is to represent for
two years preceding election or appointment.
• Term limit language would add a disqualifier to this list.
Three Amendment Methods
• The Illinois Constitution provides three different methods for enacting a new amendment.
• All found in Article XIV Constitutional Revision.
• Article XIV Section 1
– Constitutional Convention (Con Con).
• Article XIV Section 2
– General Assembly (GA) Amendment.
• Article XIV Section 3
– Voter Initiative Petition.
Constitutional Amendment Methods
• Article XIV Constitutional Revision
o Section 1 Constitutional Convention Three-fifths of each house of the GA can propose a Con Con to voters.If a Con Con is not proposed to voters over a twenty year period, a Con Con must be proposed. A Con Con must be called if approved by voters. If called, a Con Con will convene and propose amendments to voters. Amendments become effective if approved voters.
Constitutional Amendment Methods
• Article XIV Constitutional Revision
o Section 2 Amendments By General Assembly Amendments may be initiated without a Con Con by either house of the GA. Amendments approved by three-fifths of each house are submitted to voters. No more than three proposed article changes in one election.
• Limitation does not apply to other amendment methods.
Voters must approve any proposed amendment.
Constitutional Amendment Methods
• Article XIV Constitutional Revision
o Section 3 Constitutional Initiative For Leg. Article Amendments to the Leg. Article may be proposed by a voter petition. The number of signatures must be at least 8% of the total votes cast for governor candidates in the preceding gubernatorial election. Amendments must be limited to “structural and procedural” subjects contained in the Leg. Article. If the petition is valid, the proposed amendment is submitted to voters for approval.
Which Method For Term Limits?
• Since 1970, there have been twenty-one
amendment proposals to the Illinois
Constitution.
o Term limits have never been proposed as a
possible amendment by the GA.
• Voter petition method of Article XIV Section 3 is
most likely to implement term limits.
Illinois Case Law
• Illinois Supreme Court caselaw imposes
limitations on the voter petition method.
o Chicago Bar Association v. Illinois State Board of
Elections (Il. 1994).
o Coalition for Political Honesty v. State Board of
Elections (Il. 1980).
Chicago Bar Association v. Illinois State Board of Elections (Il. 1994)
• Factual Background of the Case
o Voters drafted a valid voter petition.
o The petition amended Leg. Article Section 2 (a-c)
by adding an eight year legislative term limit.
o The petition added the language “No person shall
be eligible to serve as a member of the General
Assembly for more than eight years.”
o The validity of the petition is challenged.
Chicago Bar Association v. Illinois State Board of Elections (Il. 1994)
• The Court’s Legal Analysis
o Is the subject matter of the voter petition within
the scope of the Constitutional Revision Article?
o Not Structural- The eligibility of an individual
legislator does not change the overall legislature.
o Not Procedural- Term limits do not change
process by which the GA makes law.
o Amendment is not procedural, not structural, and
certainly not both at the same time.
Chicago Bar Association v. Illinois State Board of Elections (Il. 1994)
• The Petition is Invalid.
• Dissenting Opinion
o The petition changes the composition of the
legislature in Leg. Article Section 2.
o Constitutional drafters stated that legislature
composition changes are valid voter petition
subject matter.
o The court’s construction of “and” is incorrect.
o Petition is not a substantive amendment.
Coalition for Political Honesty v. State Board of Elections (Il. 1980)
• Factual Background of the Case
o Voters drafted a valid voter petition.
o The petition amended Leg. Article Section (1-3)
by enacting voting reform and abolishing multi-
member districts in the Illinois House.
o The petition changed language of Leg. Article
Section 1 to call for an Illinois House of 118 Reps,
instead of 177 (The Cutback Amendment).
o The validity of the petition is challenged.
Coalition for Political Honesty v. State Board of Elections (Il. 1980)
• The Court’s Legal Analysis and Ruling
o The voter petition can regulate the legislature's
self-interest.
o Serves as a check on “debilitating legislation.”
o The voter petition should not be restrained if it is
being applied as the drafters intended.
o The Court acknowledges the limited scope of the
voter petition.
o The Cutback Amendment is a valid voter petition
and was later approved by voters.
Analysis of Case Law
• Cutback petition is distinguishable from the
term limits petition.
• Cutback Amendment changes existing text of
the Leg. Article, whereas the term limits
petition adds language to the Leg. Article.
• Term limits are not mentioned in the Leg.
Article, therefore language must be added.
o The structural and procedural requirement limits
the scope of voter petitions.
Committee for Legislative Reform Voter Petition
• Petition detailso Reduces senate seats from 59 to 41.o Increases house seats from 118 to 123.o Imposes an 8 year term limit on all legislators.
• The petition combines Cutback Amendment and term limits petition language.
• Petition adds term limit language to the Leg. Article.o A voter petition must serve as a “Constitutional
Replace Button.”
• Prediction- Petition is likely invalid.
Would the Court Dissect the Petition?
• Cutback language of the petition could be preserved.o Reduces senate seats from 59 to 41.o Increases house seats from 118 to 123.
• Illinois Supreme Court caselaw does not offer guidance on this possible issue.
• Prediction- Court will not dissect the petition because the voters who signed the petition did not agree to a partial petition.
Thank You For Your Attention
Special Thanks To
David Yepsen
Delio Calzolari, Esq.
Dr. Charles Leonard
Dr. John S. Jackson
• Please feel free to address questions or
comments to [email protected].