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Constitution of Illinois

Data from Illinois General Assembly

Full article/section structure with condensed section text. The Transition Schedule (spent 1971 changeover provisions) is summarized rather than listed section-by-section. Read the verbatim text at the source link.

Article I Bill of Rights

§ 1 Inherent and Inalienable Rights

All persons are by nature free and independent and have inherent rights, including life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry; governments are instituted to secure these rights.

§ 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.

§ 3 Religious Freedom

The free exercise and enjoyment of religious profession and worship, without discrimination, is guaranteed, and no one may be compelled to support any place of worship against consent.

§ 4 Freedom of Speech

Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that liberty; the press is free.

§ 5 Right to Assemble and Petition

The people have the right to assemble peaceably, to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances.

§ 6 Searches, Seizures, Privacy and Interceptions

People are secure against unreasonable searches, seizures, invasions of privacy, and interceptions of communications; warrants require probable cause supported by oath and particular description.

§ 7 Indictment and Preliminary Hearing

Felony prosecutions proceed by grand jury indictment unless the accused waives it or a judge finds probable cause at a preliminary hearing; the grand jury may be abolished or limited by law.

§ 8 Rights After Indictment

In criminal prosecutions the accused has the right to appear and defend, to be informed of the charge, to confront witnesses, to compulsory process, and to a speedy public trial by an impartial jury.

§ 8.1 Crime Victims' Rights

Crime victims have enumerated rights, including to be treated with fairness and dignity, to notice and to be heard at proceedings, to restitution, and to timely disposition of the case.

§ 9 Bail and Habeas Corpus

All persons are bailable by sufficient sureties except for the offenses and circumstances specified, and the writ of habeas corpus may be suspended only in cases of rebellion or invasion where public safety requires.

§ 10 Self-Incrimination and Double Jeopardy

No person shall be compelled in a criminal case to give evidence against themselves nor be twice put in jeopardy for the same offense.

§ 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 works corruption of blood or forfeiture of estate.

§ 12 Right to Remedy and Justice

Every person shall find a certain remedy in the laws for injuries to person, privacy, property, or reputation, obtaining justice freely, completely, and promptly.

§ 13 Trial by Jury

The right of trial by jury as heretofore enjoyed shall remain inviolate.

§ 14 Imprisonment for Debt

No person shall be imprisoned for debt unless they refuse to deliver up their estate for the benefit of creditors or in cases of fraud.

§ 15 Right of Eminent Domain

Private property shall not be taken or damaged for public use without just compensation as provided by law.

§ 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.

§ 17 No Discrimination in Employment and Property

All persons have the right to be free from discrimination on the basis of race, color, creed, national ancestry, and sex in hiring and property transactions.

§ 18 No Discrimination on 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.

§ 19 No Discrimination Against the Handicapped

All persons with a physical or mental handicap are free from discrimination in hiring and property transactions unless a bona fide occupational qualification requires otherwise.

§ 20 Individual Dignity

To promote individual dignity, communications that portray criminality, depravity, or lack of virtue in a group by reason of its ancestry or religion are condemned.

§ 21 Quartering of Soldiers

No soldier shall in time of peace be quartered in any house without the owner's consent, nor in war except as prescribed by law.

§ 22 Right to Arms

Subject to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.

§ 23 Fundamental Principles

A frequent recurrence to the fundamental principles of liberty and to a recognition of the rights and obligations of citizens is essential to the security of individual rights and the preservation of free government.

§ 24 Rights Retained

The enumeration of rights in this Constitution shall not be construed to deny or disparage others retained by the individual citizens of the State.

§ 25 Workers' Rights

Employees have the fundamental right to organize and bargain collectively over their wages, hours, and working conditions and to protect their economic welfare and safety at work.

Article II The Powers of the State

§ 1 Separation of Powers

The legislative, executive, and judicial branches are separate, and no branch shall exercise powers properly belonging to another.

§ 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.

Article III Suffrage and Elections

§ 1 Voting Qualifications

Every U.S. citizen at least 18 who has met the residence requirement is entitled to vote at the election.

§ 2 Voting Disqualifications

A person convicted of a felony or otherwise under sentence in a penal institution loses the right to vote, which is restored upon completion of the sentence.

§ 3 Elections

All elections shall be free and equal.

§ 4 Election Laws

The General Assembly by law shall define permanent residence, provide for registration, and regulate the conduct of elections.

§ 5 Board of Elections

A State Board of Elections shall have general supervision over the administration of the registration and election laws.

§ 6 General Election

The general election shall be held on a day set by law in even-numbered years.

§ 7 Initiative to Recall Governor

The Governor may be recalled by voter petition and a subsequent recall election, with a successor elected at the same time.

§ 8 Voter Discrimination

No person shall be denied the right to register or to vote on account of race, color, sex, or other constitutionally protected ground.

Article IV The Legislature

§ 1 Legislature—Power and Structure

The legislative power is vested in a General Assembly consisting of a Senate and a House of Representatives.

§ 2 Legislative Composition

The Senate has 59 members and the House 118, elected from legislative and representative districts.

§ 3 Legislative Redistricting

Legislative and representative districts are redrawn after each federal census by the General Assembly, with a backup commission and tie-breaker procedure if it fails.

§ 4 Election

Members are elected at the general election; Senators serve staggered terms and Representatives two-year terms.

§ 5 Sessions

The General Assembly convenes each January and may be convened in special session by the Governor or the presiding officers.

§ 6 Organization

Each house chooses its officers, determines its rules, judges the elections and qualifications of its members, and a majority constitutes a quorum.

§ 7 Transaction of Business

Sessions and committee meetings are open; each house keeps a journal and records roll-call votes, and bills receive readings on three different days.

§ 8 Passage of Bills

A bill becomes law on the approval of a majority of the members elected to each house; each bill is confined to one subject expressed in its title.

§ 9 Veto Procedure

Bills are presented to the Governor, who may sign, veto, or return them with specific recommendations; the Assembly may override or accept the changes by the required vote.

§ 10 Effective Date of Laws

Laws take effect on the date provided, and bills passed before June 1 take effect January 1 next unless an earlier date is set by a supermajority.

§ 11 Compensation and Allowances

Members receive salary and allowances fixed by law, but changes in salary do not take effect during the term for which they were elected.

§ 12 Legislative Immunity

Members are privileged from arrest during sessions except for treason, felony, or breach of the peace, and are not questioned elsewhere for debate.

§ 13 Special Legislation

The General Assembly shall pass no special or local law where a general law is or can be made applicable.

§ 14 Impeachment

The House has the sole power to conduct impeachments; the Senate tries them, and conviction requires two-thirds of the elected senators.

§ 15 Adjournment

Neither house may adjourn for more than three days, or to another place, without the consent of the other.

Article V The Executive

§ 1 Officers

The executive branch consists of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer.

§ 2 Terms

These officers are elected to four-year terms at the general election in even-numbered years.

§ 3 Eligibility

To be eligible a person must be a U.S. citizen, at least 25, and a resident of the State for the three years preceding election.

§ 4 Joint Election

The Governor and Lieutenant Governor are elected jointly on a single ticket.

§ 5 Canvass—Contests

Election returns are canvassed and certified, and contests are decided as provided by law.

§ 6 Gubernatorial Succession

If the Governor's office is vacant or the Governor is unable to serve, the Lieutenant Governor succeeds, followed by the elected line of succession.

§ 7 Vacancies in Other Elective Offices

Vacancies in the other elective executive offices are filled by appointment or election as provided by law.

§ 8 Governor—Supreme Executive Power

The Governor has the supreme executive power and is responsible for the faithful execution of the laws.

§ 9 Governor—Appointing Power

The Governor appoints officers whose offices are established by the Constitution or by law, by and with the advice and consent of the Senate.

§ 10 Governor—Removals

The Governor may remove appointed officers for incompetence, neglect of duty, or malfeasance.

§ 11 Governor—Agency Reorganization

The Governor may reorganize executive agencies by an order that takes effect unless disapproved by either house.

§ 12 Governor—Pardons

The Governor may grant reprieves, commutations, and pardons for all offenses after conviction, subject to procedures set by law.

§ 13 Governor—Legislative Messages

The Governor reports to the General Assembly on the condition of the State and recommends measures.

§ 14 Lieutenant Governor—Duties

The Lieutenant Governor performs the duties prescribed by law or delegated by the Governor.

§ 15 Attorney General—Duties

The Attorney General is the legal officer of the State with the duties prescribed by law.

§ 16 Secretary of State—Duties

The Secretary of State maintains the official acts of the government and performs the duties prescribed by law.

§ 17 Comptroller—Duties

The Comptroller maintains the State's central fiscal accounts and orders payments into and out of the funds held by the Treasurer.

§ 18 Treasurer—Duties

The Treasurer is custodian of State funds and performs the duties prescribed by law.

§ 19 Records—Reports

Executive officers keep records and report to the Governor and General Assembly as required.

§ 20 Bond

Executive officers give bond as may be required by law.

§ 21 Compensation

Executive officers receive salaries fixed by law that may not be changed during their terms.

Article VI The Judiciary

§ 1 Courts

The judicial power is vested in a Supreme Court, an Appellate Court, and Circuit Courts.

§ 2 Judicial Districts

The State is divided into judicial districts for the election of Supreme and Appellate Court judges.

§ 3 Supreme Court—Organization

The Supreme Court consists of seven judges, and a quorum and the concurrence required for decisions are specified.

§ 4 Supreme Court—Jurisdiction

The Supreme Court has original jurisdiction in limited cases and appellate jurisdiction, including direct appeals in cases involving a death sentence or the invalidity of a statute.

§ 5 Appellate Court—Organization

The Appellate Court is organized into divisions within the judicial districts, with the number of judges provided by law.

§ 6 Appellate Court—Jurisdiction

Appeals from final judgments of a Circuit Court lie as of right to the Appellate Court, subject to exceptions.

§ 7 Judicial Circuits

The State is divided into judicial circuits, whose boundaries the General Assembly may alter.

§ 8 Associate Judges

Circuit judges may appoint associate judges, who exercise the authority provided by rule of the Supreme Court.

§ 9 Circuit Courts—Jurisdiction

Circuit Courts have original jurisdiction of all justiciable matters and the power to review administrative action as provided by law.

§ 10 Terms of Office

Supreme and Appellate judges serve ten-year terms and Circuit judges six-year terms, subject to retention elections.

§ 11 Eligibility for Office

Judges must be U.S. citizens, licensed attorneys, and residents of the unit that selects them.

§ 12 Election and Retention

Judges are initially elected and thereafter run unopposed for retention on their record by a three-fifths affirmative vote.

§ 13 Prohibited Activities

Judges may not hold other public office, practice law, or engage in prohibited political or business activity.

§ 14 Judicial Salaries and Expenses—Fee Officers Eliminated

Judges receive salaries fixed by law that may not be diminished during their terms, and judicial fee offices are eliminated.

§ 15 Retirement—Discipline

The Judicial Inquiry Board and Courts Commission provide for the discipline, retirement, and removal of judges for cause.

§ 16 Administration

General administrative and supervisory authority over all courts is vested in the Supreme Court.

§ 17 Judicial Conference

The Supreme Court convenes a Judicial Conference to consider the work of the courts and recommend improvements.

§ 18 Clerks of Courts

Clerks of the courts are chosen and their duties fixed as provided by law.

§ 19 State's Attorneys—Selection, Salary

A State's Attorney is elected in each county to a four-year term, with duties and salary provided by law.

Article VII Local Government

§ 1 Municipalities and Units of Local Government

Defines 'municipalities' and 'units of local government' and distinguishes home-rule from non-home-rule units.

§ 2 County Territory, Boundaries and Seats

Provides for county territory, boundary changes, and the location and relocation of county seats, subject to voter approval.

§ 3 County Boards

Each county is governed by a county board whose membership is apportioned and elected as provided by law.

§ 4 County Officers

Counties elect the constitutional county officers (such as sheriff, clerk, and treasurer) unless a county reorganizes those offices.

§ 5 Townships

Townships may be created, altered, or abolished by county referendum.

§ 6 Powers of Home Rule Units

Home-rule units may exercise any power and perform any function pertaining to their government and affairs, unless the General Assembly limits or denies it.

§ 7 Counties and Municipalities Other Than Home Rule Units

Non-home-rule units have only the powers granted by law, along with certain enumerated powers.

§ 8 Powers and Officers of School and Other Local Districts

School districts and other special-purpose local units have the powers and officers provided by law.

§ 9 Salaries and Fees

Compensation of local officers is set as provided by law and may not be changed during a term to take effect during that term.

§ 10 Intergovernmental Cooperation

Units of local government and school districts may cooperate, contract, and share powers and services with one another and with other governments.

§ 11 Initiative and Referendum

Proposals to adopt, alter, or repeal home rule and reorganize local government may be submitted to the voters by petition.

§ 12 Implementation of Governmental Changes

The General Assembly provides by law for the transfer of functions, personnel, property, and obligations when local governments are reorganized.

Article VIII Finance

§ 1 General Provisions

Public funds, property, and credit are used only for public purposes, and the State maintains records so that reports may be prepared.

§ 2 State Finance

The Governor prepares and submits a balanced State budget, and appropriations may not exceed funds estimated to be available.

§ 3 State Audit and Auditor General

The Auditor General, appointed by the General Assembly, audits the obligation, receipt, and use of public funds.

§ 4 Systems of Accounting, Auditing and Reporting

The General Assembly provides by law for uniform systems of accounting, auditing, and reporting of public funds.

Article IX Revenue

§ 1 State Revenue Power

The General Assembly has the exclusive power to raise revenue by law, except as limited by this Constitution.

§ 2 Non-Property Taxes—Classification, Exemptions, Credits

In laying non-property taxes the General Assembly may classify subjects and grant exemptions, deductions, and credits in a reasonable manner.

§ 3 Limitations on Income Taxation

A tax on income is at a non-graduated rate, and any corporate rate may not exceed the individual rate by more than the ratio fixed by this section.

§ 4 Real Property Taxation

Real property taxes are levied uniformly by valuation, though counties may classify property as provided.

§ 5 Personal Property Taxation

The General Assembly abolished the ad valorem personal property tax and replaced it with taxes on those formerly subject to it.

§ 6 Exemptions from Property Taxation

The General Assembly may exempt from taxation only property used for enumerated public, religious, charitable, or similar purposes.

§ 7 Overlapping Taxing Districts

Taxing districts may overlap, and levies are apportioned among them as provided by law.

§ 8 Tax Sales

The right to redeem real property sold for nonpayment of taxes is guaranteed for the period fixed by law.

§ 9 State Debt

State debt may be incurred only for specified purposes and requires a three-fifths vote or voter approval as prescribed.

§ 10 Revenue Article Not Limited

The provisions of this Article are not a limitation on the further exercise of the revenue power granted to the General Assembly.

§ 11 Transportation Funds

Revenue from transportation-related taxes and fees is used exclusively for transportation purposes.

Article X Education

§ 1 Goal—Free Schools

The State has the goal of a high-quality educational system and shall provide for an efficient system of free public education through the secondary level, primarily funded by the State.

§ 2 State Board of Education—Chief State Educational Officer

A State Board of Education sets educational policy and appoints a chief state educational officer.

§ 3 Public Funds for Sectarian Purposes Forbidden

No public funds shall be used to help support or sustain any church or sectarian school.

Article XI Environment

§ 1 Public Policy—Legislative Responsibility

It is the public policy of the State and the duty of every person to maintain a healthful environment for present and future generations.

§ 2 Rights of Individuals

Each person may enforce the right to a healthful environment against any party, public or private, through appropriate legal proceedings.

Article XII Militia

§ 1 Membership

The State militia consists of all able-bodied persons residing in the State except those exempted by law.

§ 2 Subordination of Military Power

The military is at all times in strict subordination to the civil power.

§ 3 Organization, Equipment and Discipline

The General Assembly provides for the organizing, equipping, and disciplining of the militia consistent with federal law.

§ 4 Commander-in-Chief and Officers

The Governor is commander-in-chief of the militia, except when it is called into federal service, and commissions its officers.

§ 5 Privilege from Arrest

Members of the militia are privileged from arrest during their service except for treason, felony, or breach of the peace.

Article XIII General Provisions

§ 1 Disqualification for Public Office

A person convicted of a felony, bribery, perjury, or other infamous crime, or of a specified public-trust offense, is disqualified from holding office.

§ 2 Statement of Economic Interests

Candidates and officials required by law must file verified statements of economic interests.

§ 3 Oath or Affirmation of Office

Each prospective officeholder takes an oath or affirmation to support the U.S. and Illinois Constitutions and to faithfully discharge the office's duties.

§ 4 Sovereign Immunity Abolished

Sovereign immunity in Illinois is abolished except as the General Assembly may provide by law.

§ 5 Pension and Retirement Rights

Membership in a public pension or retirement system is an enforceable contractual relationship whose benefits may not be diminished or impaired.

§ 6 Corporations

Franchises, privileges, or immunities granted to corporations remain subject to the general laws of the State.

§ 7 Public Transportation

Public transportation is an essential public purpose for which public funds may be expended.

§ 8 Branch Banking

Branch banking may be authorized only by law and only as approved by referendum in the manner provided.

Article XIV Constitutional Revision

§ 1 Constitutional Convention

The question of calling a constitutional convention is submitted to the voters every twenty years and whenever the General Assembly directs, and a convention's proposals take effect if ratified by the voters.

§ 2 Amendments by General Assembly

Amendments may be proposed by a three-fifths vote of each house and take effect if approved by the required majority of voters.

§ 3 Constitutional Initiative for Legislative Article

Amendments limited to structural and procedural subjects of the Legislative Article may be proposed by voter petition and submitted to the electorate.

§ 4 Amendments to the Constitution of the United States

A federal constitutional amendment is ratified, or an Article V convention applied for, only by a record vote of three-fifths of the members elected to each house.

Article Sch. Transition Schedule

§ 1-9 Transition provisions

A set of transitional provisions carrying prior laws, officers, courts, debts, and pending matters into the 1970 Constitution when it took effect on July 1, 1971, and setting the timing of the changeover. Largely spent once the transition was complete.

Full, verbatim text at Illinois General Assembly