HJ0102 98TH GENERAL ASSEMBLY

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HOUSE JOINT RESOLUTION

WHEREAS, The 98th General Assembly of the State of Illinois has submitted House Joint Resolution Constitutional Amendment 52, a proposition to amend the Illinois Constitution, to the voters of Illinois at the November 2014 general election; and

WHEREAS, The Illinois Constitution Amendment Act requires the General Assembly to prepare a brief explanation of the proposed amendment, a brief argument in favor of the amendment, a brief argument against the amendment, and the form in which the amendment will appear on the ballot, and also requires the information to be published and distributed to the electorate; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the proposed form of new Section 8 of Article III shall be published as follows:

"ARTICLE III

SUFFRAGE AND ELECTIONS

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."; and be it further

RESOLVED, That a brief explanation of the proposed amendment, a brief argument in favor of the amendment, a brief argument against the amendment, and the form in which the amendment will appear on the ballot shall be published and distributed as follows:

PROPOSED AMENDMENT

TO ADD SECTION 8 TO ARTICLE III

OF THE ILLINOIS CONSTITUTION

That will be submitted to the voters

November 4, 2014

This pamphlet includes

EXPLANATION OF THE PROPOSED AMENDMENT

ARGUMENTS IN FAVOR OF THE AMENDMENT

ARGUMENTS AGAINST THE AMENDMENT

FORM OF BALLOT To the Electors of the State of Illinois:

The purpose of a state constitution is to establish a structure for government and laws. There are three ways to initiate change to the Illinois Constitution: (1) a constitutional convention may propose changes to any part; (2) the General Assembly may propose changes to any part; or (3) a petition initiative may propose amendments limited to structural and procedural subjects contained in the Legislative Article. The people of Illinois must approve any changes to the Constitution before they become effective.

The proposed amendment adds a new section to the Suffrage and Elections Article of the Illinois Constitution. The section would ensure no person could be denied the right to register to vote or cast a ballot based on his or her race, color, ethnicity, status as a member of a language minority, national origin, religion, sex, sexual orientation, or income. At the general election to be held on November 4, 2014, you will be called upon to decide whether the proposed amendment should become part of the Illinois Constitution.

EXPLANATION

The proposed amendment would prohibit any law or procedure that intentionally discriminates or has an unequal effect upon the right of a person to register to vote or cast a ballot based on the voter's race, color, ethnicity, status as a member of a language minority, national origin, religion, sex, sexual orientation, or income.

The proposed amendment does not change the requirements for voting. A voter must still be a citizen of the United States, a permanent resident of Illinois for more than 30 days, and be 18 years of age.

Arguments In Favor of the Proposed Amendment

The proposed amendment is a demonstration that the people of Illinois believe all eligible Illinois citizens have a fundamental right to vote, and that laws and regulations that seek to prohibit eligible Illinois citizens from voting in an election should not be tolerated in a civil society. Under the amendment, any law or procedure that has a disparate impact upon the ability of a person to register to vote or cast a ballot based on the voter's race, color, ethnicity, status as a member of a language minority, national origin, religion, sex, sexual orientation, or income would be subject to strict judicial scrutiny.

Arguments Against the Proposed Amendment

This amendment is not necessary. Many of these protections are already provided by federal law. The proponents have not identified any instances of voter discrimination in Illinois that would justify the creation of a State cause of action. The proposed amendment will only serve to increase litigation.

FORM OF BALLOT

Proposed Amendment to the 1970 Illinois Constitution

Explanation of Amendment

The proposed amendment adds a new section to the Suffrage and Elections Article of the Illinois Constitution. The proposed amendment would prohibit any law that disproportionately affects the rights of eligible Illinois citizens to register to vote or cast a ballot based on the voter's race, color, ethnicity, status as a member of a language minority, national origin, religion, sex, sexual orientation, or income. You are asked to decide whether the proposed amendment should become part of the Illinois Constitution.

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YES For the proposed addition - ---------- of Section 8 to Article III NO of the Illinois Constitution.

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