Illinois
State Constitution
Constitution Text
Preamble
We, the People of the State of Illinois - grateful to Almighty God for the civil, political and religious liberty which He has permitted us to enjoy and seeking His blessing upon our endeavors - in order to provide for the health, safety and welfare of the people; maintain a representative and orderly government; eliminate poverty and inequality; assure legal, social and economic justice; provide opportunity for the fullest development of the individual; insure domestic tranquility; provide for the common defense; and secure the blessings of freedom and liberty to ourselves and our posterity - do ordain and establish this Constitution for the State of Illinois.
Article 1: BILL OF RIGHTS
Section 1: INHERENT AND INALIENABLE RIGHTS
All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed. (Source: Illinois Constitution)
Section 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. (Source: Illinois Constitution)
Section 3: RELIGIOUS FREEDOM
The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed, and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship.
Section 4: FREEDOM OF SPEECH
All persons may speak, write and publish freely, being responsible for the abuse of that liberty. In trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense. (Source: Illinois Constitution.)
Section 5: RIGHT TO ASSEMBLE AND PETITION
The people have the right to assemble in a peaceable manner, to consult for the common good, to make known their opinions to their representatives and to apply for redress of grievances. (Source: Illinois Constitution.)
Section 6: SEARCHES, SEIZURES, PRIVACY AND INTERCEPTIONS
The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized. (Source: Illinois Constitution.)
Section 7: INDICTMENT AND PRELIMINARY HEARING
No person shall be held to answer for a criminal offense unless on indictment of a grand jury, except in cases in which the punishment is by fine or by imprisonment other than in the penitentiary, in cases of impeachment, and in cases arising in the militia when in actual service in time of war or public danger. The General Assembly by law may abolish the grand jury or further limit its use. No person shall be held to answer for a crime punishable by death or by imprisonment in the penitentiary unless either the initial charge has been brought by indictment of a grand jury or the person has been given a prompt preliminary hearing to establish probable cause. (Source: Illinois Constitution.)
Section 8: RIGHTS AFTER INDICTMENT
In criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusation and have a copy thereof; to be confronted with the witnesses against him or her and to have process to compel the attendance of witnesses in his or her behalf; and to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed. (Source: Amendment adopted at general election November 8, 1994.)
Section 8.1: CRIME VICTIM'S RIGHTS.
(Source: Amendment adopted at general election November 3, 1992.)
Section 9: BAIL AND HABEAS CORPUS
All persons shall be bailable by sufficient sureties, except for the following offenses where the proof is evident or the presumption great: capital offenses; offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction; and felony offenses for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction, when the court, after a hearing, determines that release of the offender would pose a real and present threat to the physical safety of any person. The privilege of the writ of habeas corpus shall not be suspended except in cases of rebellion or invasion when the public safety may require it. Any costs accruing to a unit of local government as a result of the denial of bail pursuant to the 1986 Amendment to this Section shall be reimbursed by the State to the unit of local government. (Source: Amendment adopted at general election November 4, 1986.)
Section 10: SELF-INCRIMINATION AND DOUBLE JEOPARDY
No person shall be compelled in a criminal case to give evidence against himself nor be twice put in jeopardy for the same offense. (Source: Illinois Constitution.)
Section 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 shall work corruption of blood or forfeiture of estate. No person shall be transported out of the State for an offense committed within the State. (Source: Illinois Constitution.)
Section 12: RIGHT TO REMEDY AND JUSTICE
Every person shall find a certain remedy in the laws for all injuries and wrongs which he receives to his person, privacy, property or reputation. He shall obtain justice by law, freely, completely, and promptly. (Source: Illinois Constitution.)
Section 13: TRIAL BY JURY
The right of trial by jury as heretofore enjoyed shall remain inviolate. (Source: Illinois Constitution.)
Section 14: IMPRISONMENT FOR DEBT
No person shall be imprisoned for debt unless he refuses to deliver up his estate for the benefit of his creditors as provided by law or unless there is a strong presumption of fraud. No person shall be imprisoned for failure to pay a fine in a criminal case unless he has been afforded adequate time to make payment, in installments if necessary, and has willfully failed to make payment. (Source: Illinois Constitution.)
Section 15: RIGHT OF EMINENT DOMAIN
Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury as provided by law. (Source: Illinois Constitution.)
Section 16: EX POST FACTO LAWS AND IMPAIRING CONTRACTS
No ex post facto law, or law impairing the obligation of contracts of or making an irrevocable grant of special privileges or immunities, shall be passed. (Source: Illinois Constitution.)
Section 17: NO DISCRIMINATION IN EMPLOYMENT AND THE SALE OR RENTAL OF PROPERTY
All persons shall have the right to be free from discrimination on the basis of race, color, creed, national ancestry and sex in the hiring and promotion practices of any employer or in the sale or rental of property. These rights are enforceable without action by the General Assembly, but the General Assembly by law may establish reasonable exemptions relating to these rights and provide additional remedies for their violation. (Source: Illinois Constitution.)
Section 18: NO DISCRIMINATION ON THE 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. (Source: Illinois Constitution.)
Section 19: NO DISCRIMINATION AGAINST THE HANDICAPPED
All persons with a physical or mental handicap shall be free from discrimination in the sale or rental of property and shall be free from discrimination unrelated to ability in the hiring and promotion practices of any employer. (Source: Illinois Constitution.)
Section 20: INDIVIDUAL DIGNITY
To promote individual dignity, communications that portray criminality, depravity or lack of virtue in, or that incite violence, hatred, abuse or hostility toward, a person or group of persons by reason of or by reference to religious, racial, ethnic, national or regional affiliation are condemned. (Source: Illinois Constitution.)
Section 21: QUARTERING OF SOLDIERS
No soldier in time of peace shall be quartered in a house without the consent of the owner; nor in time of war except as provided by law.shall not take over a house without the knowing of the owner. (Source: Illinois Constitution.)
Section 22: RIGHT TO ARMS
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed. (Source: Illinois Constitution.)
Section 23: FUNDAMENTAL PRINCIPLES
A frequent recurrence to the fundamental principles of civil government is necessary to preserve the blessings of liberty. These blessings cannot endure unless the people recognize their corresponding individual obligations and responsibilities. (Source: Illinois Constitution.)
Section 24: RIGHTS RETAINED
The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the individual citizens of the State. (Source: Illinois Constitution.)
Article II: THE POWERS OF THE STATE
Section 1: SEPARATION OF POWERS
The legislative, executive and judicial branches are separate. No branch shall exercise powers properly belonging to another. (Source: Illinois Constitution.)
Section 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. (Source: Illinois Constitution.)
Article III: SUFFRAGE AND ELECTIONS
Section 1: VOTING QUALIFICATIONS
Every United States citizen who has attained the age of 18 or any other voting age required by the United States for voting in State elections and who has been a permanent resident of this State for at least 30 days next preceding any election shall have the right to vote at such election. The General Assembly by law may establish registration requirements and require permanent residence in an election district not to exceed thirty days prior to an election. The General Assembly by law may establish shorter residence requirements for voting for President and Vice-President of the United States. (Source: Amendment adopted at general election November 8, 1988.)
Section 2: VOTING DISQUALIFICATIONS
A person convicted of a felony, or otherwise under sentence in a correctional institution or jail, shall lose the right to vote, which right shall be restored not later than upon completion of his sentence. (Source: Illinois Constitution.)
Section 3: ELECTIONS
All elections shall be free and equal. (Source: Illinois Constitution.)
Section 4: ELECTION LAWS
The General Assembly by law shall define permanent residence for voting purposes, insure secrecy of voting and the integrity of the election process, and facilitate registration and voting by all qualified persons. Laws governing voter registration and conduct of elections shall be general and uniform. (Source: Illinois Constitution.)
Section 5: BOARD OF ELECTIONS
A State Board of Elections shall have general supervision over the administration of the registration and election laws throughout the State. The General Assembly by law shall determine the size, manner of selection and compensation of the Board. No political party shall have a majority of members of the Board. (Source: Illinois Constitution.)
Section 6: GENERAL ELECTION
As used in all articles of this Constitution except
Article VII: , "general election" means the biennial election
Section 1: Full Text
at which members of the General Assembly are elected. Such election shall be held on the Tuesday following the first Monday of November in even-numbered years or on such other day as provided by law. (Source: Illinois Constitution.)
Article IV: THE LEGISLATURE
Section 1: LEGISLATURE - POWER AND STRUCTURE
The legislative power is vested in a General Assembly consisting of a Senate and a House of Representatives, elected by the electors from 59 Legislative Districts and 118 Representative Districts. (Source: Amendment adopted at general election November 4, 1980.)
Section 4: ELECTION
Members of the General Assembly shall be elected at the general election in even-numbered years. (Source: Illinois Constitution.)
Section 10: EFFECTIVE DATE OF LAWS
The General Assembly shall provide by law for a uniform effective date for laws passed prior to June 1 of a calendar year. The General Assembly may provide for a different effective date in any law passed prior to June 1. A bill passed after May 31 shall not become effective prior to June 1 of the next calendar year unless the General Assembly by the vote of three-fifths of the members elected to each house provides for an earlier effective date. (Source: Amendment adopted at general election November 8, 1994.)
Section 11: COMPENSATION AND ALLOWANCES
A member shall receive a salary and allowances as provided by law, but changes in the salary of a member shall not take effect during the term for which he has been elected. (Source: Illinois Constitution.)
Section 12: LEGISLATIVE IMMUNITY
Except in cases of treason, felony or breach of peace, a member shall be privileged from arrest going to, during, and returning from sessions of the General Assembly. A member shall not be held to answer before any other tribunal for any speech or debate, written or oral, in either house. These immunities shall apply to committee and legislative commission proceedings. (Source: Illinois Constitution.)
Section 13: SPECIAL LEGISLATION
The General Assembly shall pass no special or local law when a general law is or can be made applicable. Whether a general law is or can be made applicable shall be a matter for judicial determination. (Source: Illinois Constitution.)
Section 14: IMPEACHMENT
The House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and Judicial officers. Impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to law. If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer, whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law. (Source: Illinois Constitution.)
Article V: THE EXECUTIVE
Section 1: OFFICERS
The Executive Branch shall include a Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller and Treasurer elected by the electors of the State. They shall keep the public records and maintain a residence at the seat of government during their terms of office. (Source: Illinois Constitution.)
Section 2: TERMS
These elected officers of the Executive Branch shall hold office for four years beginning on the second Monday of January after their election and, except in the case of the Lieutenant Governor, until their successors are qualified. They shall be elected at the general election in 1978 and every four years thereafter. (Source: Illinois Constitution.)
Section 3: ELIGIBILITY
To be eligible to hold the office of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller or Treasurer, a person must be a United States citizen, at least 25 years old, and a resident of this State for the three years preceding his election. (Source: Illinois Constitution.)
Section 4: JOINT ELECTION
In the general election for Governor and Lieutenant Governor, one vote shall be cast jointly for the candidates nominated by the same political party or petition. The General Assembly may provide by law for the joint nomination of candidates for Governor and Lieutenant Governor. (Source: Illinois Constitution.)
Section 5: CANVASS – CONTESTS
The election returns for executive offices shall be sealed and transmitted to the Secretary of State, or other person or body provided by law, who shall examine and consolidate the returns. The person having the highest number of votes for an office shall be declared elected. If two or more persons have an equal and the highest number of votes for an office, they shall draw lots to determine which of them shall be declared elected. Election contests shall be decided by the courts in a manner provided by law. (Source: Illinois Constitution.)
Section 7: VACANCIES IN OTHER ELECTIVE OFFICES
If the Attorney General, Secretary of State, Comptroller or Treasurer fails to qualify or if his office becomes vacant, the Governor shall fill the office by appointment. The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law and shall not be subject to removal by the Governor. If the Lieutenant Governor fails to qualify or if his office becomes vacant, it shall remain vacant until the end of the term. (Source: Illinois Constitution.)
Section 8: GOVERNOR - SUPREME EXECUTIVE POWER
The Governor shall have the supreme executive power, and shall be responsible for the faithful execution of the laws. (Source: Illinois Constitution.)
Section 10: GOVERNOR – REMOVALS
The Governor may remove for incompetence, neglect of duty, or malfeasance in office any officer who may be appointed by the Governor. (Source: Illinois Constitution.)
Section 11: GOVERNOR - AGENCY REORGANIZATION
The Governor, by Executive Order, may reassign functions among or reorganize executive agencies which are directly responsible to him. If such a reassignment or reorganization would contravene a statute, the Executive Order shall be delivered to the General Assembly. If the General Assembly is in annual session and if the Executive Order is delivered on or before April 1, the General Assembly shall consider the Executive Order at that annual session. If the General Assembly is not in annual session or if the Executive Order is delivered after April 1, the General Assembly shall consider the Executive Order at its next annual session, in which case the Executive Order shall be deemed to have been delivered on the first day of that annual session. Such an Executive Order shall not become effective if, within 60 calendar days after its delivery to the General Assembly, either house disapproves the Executive Order by the record vote of a majority of the members elected. An Executive Order not so disapproved shall become effective by its terms but not less than 60 calendar days after its delivery to the General Assembly. (Source: Illinois Constitution.)
Section 12: GOVERNOR – PARDONS
The Governor may grant reprieves, commutations and pardons, after conviction, for all offenses on such terms as he thinks proper. The manner of applying therefore may be regulated by law. (Source: Illinois Constitution.)
Section 13: GOVERNOR - LEGISLATIVE MESSAGES
The Governor, at the beginning of each annual session of the General Assembly and at the close of his term of office, shall report to the General Assembly on the condition of the State and recommend such measures as he deems desirable. (Source: Illinois Constitution.)
Section 14: LIEUTENANT GOVERNOR – DUTIES
The Lieutenant Governor shall perform the duties and exercise the powers in the Executive Branch that may be delegated to him by the Governor and that may be prescribed by law. (Source: Illinois Constitution.)
Section 15: ATTORNEY GENERAL – DUTIES
The Attorney General shall be the legal officer of the State, and shall have the duties and powers that may be prescribed by law. (Source: Illinois Constitution.)
Section 16: SECRETARY OF STATE – DUTIES
The Secretary of State shall maintain the official records of the acts of the General Assembly and such official records of the Executive Branch as provided by law. Such official records shall be available for inspection by the public. He shall keep the Great Seal of the State of Illinois and perform other duties that may be prescribed by law. (Source: Illinois Constitution.)
Section 17: COMPTROLLER – DUTIES
The Comptroller, in accordance with law, shall maintain the State's central fiscal accounts, and order payments into and out of the funds held by the Treasurer. (Source: Illinois Constitution.)
Section 18: TREASURER – DUTIES
The Treasurer, in accordance with law, shall be responsible for the safekeeping and investment of monies and securities deposited with him, and for their disbursement upon order of the Comptroller. (Source: Illinois Constitution.)
Section 19: RECORDS – REPORTS
All officers of the Executive Branch shall keep accounts and shall make such reports as may be required by law. They shall provide the Governor with information relating to their respective offices, either in writing under oath, or otherwise, as the Governor may require. (Source: Illinois Constitution.)
Section 20: BOND
Civil officers of the Executive Branch may be required by law to give reasonable bond or other security for the faithful performance of their duties. If any officer is in default of such a requirement, his office shall be deemed vacant. (Source: Illinois Constitution.)
Section 21: COMPENSATION
Officers of the Executive Branch shall be paid salaries established by law and shall receive no other compensation for their services. Changes in the salaries of these officers elected or appointed for stated terms shall not take effect during the stated terms. (Source: Illinois Constitution.)
Article VI: THE JUDICIARY
Section 1: COURTS
The judicial power is vested in a Supreme Court, an Appellate Court and Circuit Courts. (Source: Illinois Constitution.)
Section 2: JUDICIAL DISTRICTS
The State is divided into five Judicial Districts for the selection of Supreme and Appellate Court Judges. The First Judicial District consists of Cook County. The remainder of the State shall be divided by law into four Judicial Districts of substantially equal population, each of which shall be compact and composed of contiguous counties. (Source: Illinois Constitution.)
Section 3: SUPREME COURT – ORGANIZATION
The Supreme Court shall consist of seven Judges. Three shall be selected from the First Judicial District and one from each of the other Judicial Districts. Four Judges constitute a quorum and the concurrence of four is necessary for a decision. Supreme Court Judges shall select a Chief Justice from their number to serve for a term of three years. (Source: Illinois Constitution.)
Section 5: APPELLATE COURT – ORGANIZATION
The number of Appellate Judges to be selected from each Judicial District shall be provided by law. The Supreme Court shall prescribe by rule the number of Appellate divisions in each Judicial District. Each Appellate division shall have at least three Judges. Assignments to divisions shall be made by the Supreme Court. A majority of a division constitutes a quorum and the concurrence of a majority of the division is necessary for a decision. There shall be at least one division in each Judicial District and each division shall sit at times and places prescribed by rules of the Supreme Court. (Source: Illinois Constitution.)
Section 6: APPELLATE COURT – JURISDICTION
Appeals from final judgments of a Circuit Court are a matter of right to the Appellate Court in the Judicial District in which the Circuit Court is located except in cases appealable directly to the Supreme Court and except that after a trial on the merits in a criminal case, there shall be no appeal from a judgment of acquittal. The Supreme Court may provide by rule for appeals to the Appellate Court from other than final judgments of Circuit Courts. The Appellate Court may exercise original jurisdiction when necessary to the complete determination of any case on review. The Appellate Court shall have such powers of direct review of administrative action as provided by law. (Source: Illinois Constitution.)
Section 8: ASSOCIATE JUDGES
Each Circuit Court shall have such number of Associate Judges as provided by law. Associate Judges shall be appointed by the Circuit Judges in each circuit as the Supreme Court shall provide by rule. In the First Judicial District, unless otherwise provided by law, at least one-fourth of the Associate Judges shall be appointed from, and reside, outside Chicago. The Supreme Court shall provide by rule for matters to be assigned to Associate Judges. (Source: Illinois Constitution.)
Section 9: CIRCUIT COURTS – JURISDICTION
Circuit Courts shall have original jurisdiction of all justiciable matters except when the Supreme Court has original and exclusive jurisdiction relating to redistricting of the General Assembly and to the ability of the Governor to serve or resume office. Circuit Courts shall have such power to review administrative action as provided by law. (Source: Illinois Constitution.)
Section 10: TERMS OF OFFICE
The terms of office of Supreme and Appellate Court Judges shall be ten years; of Circuit Judges, six years; and of Associate Judges, four years. (Source: Illinois Constitution.)
Section 11: ELIGIBILITY FOR OFFICE
No person shall be eligible to be a Judge or Associate Judge unless he is a United States citizen, a licensed attorney-at-law of this State, and a resident of the unit which selects him. No change in the boundaries of a unit shall affect the tenure in office of a Judge or Associate Judge incumbent at the time of such change. (Source: Illinois Constitution.)
Section 14: JUDICIAL SALARIES AND EXPENSES - FEE OFFICERS ELIMINATED
Judges shall receive salaries provided by law which shall not be diminished to take effect during their terms of office. All salaries and such expenses as may be provided by law shall be paid by the State, except that Appellate, Circuit and Associate Judges shall receive such additional compensation from counties within their district or circuit as may be provided by law. There shall be no fee officers in the judicial system. (Source: Illinois Constitution.)
Section 16: ADMINISTRATION
General administrative and supervisory authority over all courts is vested in the Supreme Court and shall be exercised by the Chief Justice in accordance with its rules. The Supreme Court shall appoint an administrative director and staff, who shall serve at its pleasure, to assist the Chief Justice in his duties. The Supreme Court may assign a Judge temporarily to any court and an Associate Judge to serve temporarily as an Associate Judge on any Circuit Court. The Supreme Court shall provide by rule for expeditious and inexpensive appeals. (Source: Illinois Constitution.)
Section 17: JUDICIAL CONFERENCE
The Supreme Court shall provide by rule for an annual judicial conference to consider the work of the courts and to suggest improvements in the administration of justice and shall report thereon annually in writing to the General Assembly not later than January 31. (Source: Illinois Constitution.)
Section 19: STATE'S ATTORNEYS - SELECTION, SALARY
A State's Attorney shall be elected in each county in 1972 and every fourth year thereafter for a four year term. One State's Attorney may be elected to serve two or more counties if the governing boards of such counties so provide and a majority of the electors of each county voting on the issue approve. A person shall not be eligible for the office of State's Attorney unless he is a United States citizen and a licensed attorney-at-law of this State. His salary shall be provided by law. (Source: Illinois Constitution.)
Article VII: LOCAL GOVERNMENT
Section 1: MUNICIPALITIES AND UNITS OF LOCAL GOVERNMENT
"Municipalities" means cities, villages and incorporated towns. "Units of local government" means counties, municipalities, townships, special districts, and units, designated as units of local government by law, which exercise limited governmental powers or powers in respect to limited governmental subjects, but does not include school districts. (Source: Illinois Constitution.)
Section 5: TOWNSHIPS
The General Assembly shall provide by law for the formation of townships in any county when approved by county-wide referendum. Townships may be consolidated or merged, and one or more townships may be dissolved or divided, when approved by referendum in each township affected. All townships in a county may be dissolved when approved by a referendum in the total area in which township officers are elected. (Source: Illinois Constitution.)
Section 7: COUNTIES AND MUNICIPALITIES OTHER THAN HOME RULE UNITS
Counties and municipalities which are not home rule units shall have only powers granted to them by law and the powers (1) to make local improvements by special assessment and to exercise this power jointly with other counties and municipalities, and other classes of units of local government having that power on the effective date of this Constitution unless that power is subsequently denied by law to any such other units of local government; (2) by referendum, to adopt, alter or repeal their forms of government provided by law; (3) in the case of municipalities, to provide by referendum for their officers, manner of selection and terms of office; (4) in the case of counties, to provide for their officers, manner of selection and terms of office as provided in Section 4 of this Article; (5) to incur debt except as limited by law and except that debt payable from ad valorem property tax receipts shall mature within 40 years from the time it is incurred; and (6) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services. (Source: Illinois Constitution.)
Section 8: POWERS AND OFFICERS OF SCHOOL DISTRICTS AND UNITS OF LOCAL GOVERNMENT OTHER THAN COUNTIES AND MUNICIPALITIES
Townships, school districts, special districts and units, designated by law as units of local government, which exercise limited governmental powers or powers in respect to limited governmental subjects shall have only powers granted by law. No law shall grant the power (1) to any of the foregoing units to incur debt payable from ad valorem property tax receipts maturing more than 40 years from the time it is incurred, or (2) to make improvements by special assessments to any of the foregoing classes of units which do not have that power on the effective date of this Constitution. The General Assembly shall provide by law for the selection of officers of the foregoing units, but the officers shall not be appointed by any person in the Judicial Branch. (Source: Illinois Constitution.)
Section 12: IMPLEMENTATION OF GOVERNMENTAL CHANGES
The General Assembly shall provide by law for the transfer of assets, powers and functions, and for the payment of outstanding debt in connection with the formation, consolidation, merger, division, dissolution and change in the boundaries of units of local government. (Source: Illinois Constitution.)
Article VIII: FINANCE
Section 4: SYSTEMS OF ACCOUNTING, AUDITING AND REPORTING
The General Assembly by law shall provide systems of accounting, auditing and reporting of the obligation, receipt and use of public funds. These systems shall be used by all units of local government and school districts. (Source: Illinois Constitution.)
Article IX: REVENUE
Section 1: STATE REVENUE POWER
The General Assembly has the exclusive power to raise revenue by law except as limited or otherwise provided in this Constitution. The power of taxation shall not be surrendered, suspended, or contracted away. (Source: Illinois Constitution.)
Section 2: NON-PROPERTY TAXES - CLASSIFICATION, EXEMPTIONS, DEDUCTIONS, ALLOWANCES AND CREDITS
In any law classifying the subjects or objects of non-property taxes or fees, the classes shall be reasonable and the subjects and objects within each class shall be taxed uniformly. Exemptions, deductions, credits, refunds and other allowances shall be reasonable. (Source: Illinois Constitution.)
Section 6: EXEMPTIONS FROM PROPERTY TAXATION
The General Assembly by law may exempt from taxation only the property of the State, units of local government and school districts and property used exclusively for agricultural and horticultural societies, and for school, religious, cemetery and charitable purposes. The General Assembly by law may grant homestead exemptions or rent credits. (Source: Illinois Constitution.)
Section 7: OVERLAPPING TAXING DISTRICTS
The General Assembly may provide by law for fair apportionment of the burden of taxation of property situated in taxing districts that lie in more than one county. (Source: Illinois Constitution.)
Section 10: REVENUE ARTICLE NOT LIMITED
This Article is not qualified or limited by the provisions of Article VII of this Constitution concerning the size of the majorities in the General Assembly necessary to deny or limit the power to tax granted to units of local government. (Source: Illinois Constitution.)
Article X: EDUCATION
Section 1: GOAL - FREE SCHOOLS
A fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities. The State shall provide for an efficient system of high quality public educational institutions and services. Education in public schools through the secondary level shall be free. There may be such other free education as the General Assembly provides by law. The State has the primary responsibility for financing the system of public education. (Source: Illinois Constitution.)
Section 3: PUBLIC FUNDS FOR SECTARIAN PURPOSES FORBIDDEN
Neither the General Assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian purpose, or to help support or sustain any school, academy, seminary, college, university, or other literary or scientific institution, controlled by any church or sectarian denomination whatever; nor shall any grant or donation of land, money, or other personal property ever be made by the State, or any such public corporation, to any church, or for any sectarian purpose. (Source: Illinois Constitution.)
Article XI: ENVIRONMENT
Section 1: PUBLIC POLICY - LEGISLATIVE RESPONSIBILITY
The public policy of the State and the duty of each person is to provide and maintain a healthful environment for the benefit of this and future generations. The General Assembly shall provide by law for the implementation and enforcement of this public policy. (Source: Illinois Constitution.)
Section 2: RIGHTS OF INDIVIDUALS
Each person has the right to a healthful environment. Each person may enforce this right against any party, governmental or private, through appropriate legal proceedings subject to reasonable limitation and regulation as the General Assembly may provide by law. (Source: Illinois Constitution.)
Article XII: MILITIA
Section 1: MEMBERSHIP
The State militia consists of all able-bodied persons residing in the State except those exempted by law. (Source: Illinois Constitution.)
Section 2: SUBORDINATION OF MILITARY POWER
The military shall be in strict subordination to the civil power. (Source: Illinois Constitution.)
Section 3: ORGANIZATION, EQUIPMENT AND DISCIPLINE
The General Assembly shall provide by law for the organization, equipment and discipline of the militia in conformity with the laws governing the armed forces of the United States. (Source: Illinois Constitution.)
Section 5: PRIVILEGE FROM ARREST
Except in cases of treason, felony or breach of peace, persons going to, returning from or on militia duty are privileged from arrest. (Source: Illinois Constitution.)
Article XIII: GENERAL PROVISIONS
Section 1: DISQUALIFICATION FOR PUBLIC OFFICE
A person convicted of a felony, bribery, perjury or other infamous crime shall be ineligible to hold an office created by this Constitution. Eligibility may be restored as provided by law. (Source: Illinois Constitution.)
Section 2: STATEMENT OF ECONOMIC INTERESTS
All candidates for or holders of state offices and all members of a Commission or Board created by this Constitution shall file a verified statement of their economic interests, as provided by law. The General Assembly by law may impose a similar requirement upon candidates for, or holders of, offices in units of local government and school districts. Statements shall be filed annually with the Secretary of State and shall be available for inspection by the public. The General Assembly by law shall prescribe a reasonable time for filing the statement. Failure to file a statement within the time prescribed shall result in ineligibility for, or forfeiture of, office. This Section shall not be construed as limiting the authority of any branch of government to establish and enforce ethical standards for that branch. (Source: Illinois Constitution.)
Section 3: OATH OR AFFIRMATION OF OFFICE
Each prospective holder of a State office or other State position created by this Constitution, before taking office, shall take and subscribe to the following oath or affirmation: "I do solemnly swear (affirm) that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of .... to the best of my ability." (Source: Illinois Constitution.)
Section 4: SOVEREIGN IMMUNITY ABOLISHED
Except as the General Assembly may provide by law, sovereign immunity in this State is abolished. (Source: Illinois Constitution.)
Section 5: PENSION AND RETIREMENT RIGHTS
Membership in any pension or retirement system of the State, any unit of local government or school district, or any agency or instrumentality thereof, shall be an enforceable contractual relationship, the benefits of which shall not be diminished or impaired. (Source: Illinois Constitution.)
Section 6: CORPORATIONS
Corporate charters shall be granted, amended, dissolved, or extended only pursuant to general laws. (Source: Illinois Constitution.)
Section 7: PUBLIC TRANSPORTATION
Public transportation is an essential public purpose for which public funds may be expended. The General Assembly by law may provide for, aid, and assist public transportation, including the granting of public funds or credit to any corporation or public authority authorized to provide public transportation within the State. (Source: Illinois Constitution.)
Section 8: BRANCH BANKING
Branch banking shall be authorized only by law approved by three-fifths of the members voting on the question or a majority of the members elected, whichever is greater, in each house of the General Assembly. (Source: Illinois Constitution.)
Article XIV: CONSTITUTIONAL REVISION
Section 3: CONSTITUTIONAL INITIATIVE FOR LEGISLATIVE ARTICLE
Amendments to Article IV of this Constitution may be proposed by a petition signed by a number of electors equal in number to at least eight percent of the total votes cast for candidates for Governor in the preceding gubernatorial election. Amendments shall be limited to structural and procedural subjects contained in Article IV. A petition shall contain the text of the proposed amendment and the date of the general election at which the proposed amendment is to be submitted, shall have been signed by the petitioning electors not more than twenty-four months preceding that general election and shall be filed with the Secretary of State at least six months before that general election. The procedure for determining the validity and sufficiency of a petition shall be provided by law. If the petition is valid and sufficient, the proposed amendment shall be submitted to the electors at that general election and shall become effective if approved by either three-fifths of those voting on the amendment or a majority of those voting in the election. (Source: Illinois Constitution.)
Section 4: AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES
The affirmative vote of three-fifths of the members elected to each house of the General Assembly shall be required to request Congress to call a Federal Constitutional Convention, to ratify a proposed amendment to the Constitution of the United States, or to call a State Convention to ratify a proposed amendment to the Constitution of the United States. The General Assembly shall not take action on any proposed amendment to the Constitution of the United States submitted for ratification by legislatures unless a majority of the members of the General Assembly shall have been elected after the proposed amendment has been submitted for ratification. The requirements of this Section shall govern to the extent that they are not inconsistent with requirements established by the United States. (Source: Illinois Constitution.) ### TRANSITION SCHEDULE The following Schedule Provisions shall remain part of this Constitution until their terms have been executed. Once each year the Attorney General shall review the following provisions and certify to the Secretary of State which, if any, have been executed. Any provisions so certified shall thereafter be removed from the Schedule and no longer published as part of this Constitution.
Section 2: PROSPECTIVE OPERATION OF BILL OF RIGHTS
Any rights, procedural or substantive, created for the first time by Article I shall be prospective and not retroactive. (Source: Illinois Constitution.)
Section 6: AUTHORIZED BONDS
Nothing in Section 9 of Article IX shall be construed to limit or impair the power to issue bonds or other evidences of indebtedness authorized but unissued on the effective date of this Constitution. (Source: Illinois Constitution.)
Section 8: CUMULATIVE VOTING FOR DIRECTORS
Shareholders of all corporations heretofore organized under any law of this State which requires cumulative voting of shares for corporate directors shall retain their right to vote cumulatively for such directors. (Source: Illinois Constitution.)
Section 9: GENERAL TRANSITION
The rights and duties of all public bodies shall remain as if this Constitution had not been adopted with the exception of such changes as are contained in this Constitution. All laws, ordinances, regulations and rules of court not contrary to, or inconsistent with, the provisions of this Constitution shall remain in force, until they shall expire by their own limitation or shall be altered or repealed pursuant to this Constitution. The validity of all public and private bonds, debts and contracts, and of all suits, actions and rights of action, shall continue as if no change had taken place. All officers filling any office by election or appointment shall continue to exercise the duties thereof, until their offices shall have been abolished or their successors selected and qualified in accordance with this Constitution or laws enacted pursuant thereto. (Source: Illinois Constitution.)
Source: Imported from all_50_state_constitutions_FINAL.md
Last Updated: June 28, 2026
Overview
The Illinois Constitution of 1970 serves as the fundamental law of the state, establishing the framework for government and protecting the rights of its citizens.
History
Illinois was admitted to the Union on December 3, 1818.
The current constitution was adopted in 1970. State constitutions are often amended more frequently than the federal Constitution, reflecting changing needs and values of state residents.
Structure of Government
Legislative
State Legislature
Executive
Governor & Cabinet
Judicial
State Courts
Bill of Rights
Like the U.S. Constitution, the Illinois Constitution includes protections for individual rights and liberties. State constitutions often provide broader protections than the federal Constitution, serving as a "floor" rather than a "ceiling" for rights.