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Lousin v. State Board of Elections

OPINION FILED JULY 19, 1982.

ANN M. LOUSIN ET AL., PLAINTIFFS-APPELLEES,

v.

STATE BOARD OF ELECTIONS ET AL., DEFENDANTS-APPELLEES. — (COALITION FOR POLITICAL HONESTY ET AL., INTERVENING DEFENDANTS-APPELLANTS.)



Appeal from the Circuit Court of Cook County; the Hon. George A. Higgins, Judge, presiding.

PRESIDING JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:

This case involves a constitutional initiative petition proposing an amendment of article IV, the legislative article of the Illinois Constitution of 1970, which, if passed, would provide a legislative initiative. Amendment of article IV is governed by section 3 of article XIV of the Illinois Constitution of 1970, which provides in pertinent part as follows:

"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 [the legislative article]." Ill. Const. 1970, art. XIV, sec. 3.

On May 2, 1982, the Coalition for Political Honesty (hereinafter Coalition) filed a constitutional initiative petition with the Secretary of State of Illinois which proposed the following amendment (new text proposed by the initiative is underlined) of sections 1 and 8, subsections 9(a), 9(b) and 9(c), and section 10 of article IV of the Illinois Constitution:

"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 and in the electors as provided in this Article.

Section 8. Passage of Bills [and Measures]

(a) The enacting clause of the laws of this State shall be: `Be it enacted by the People of the State of Illinois, represented in the General Assembly,' if enacted by the General Assembly, or `Be it enacted by the People of the State of Illinois,' if enacted by the electors.

(b) The General Assembly shall enact laws only by bill or measure. Bills may originate in either house, but may be amended or rejected by the other. A measure may be proposed by an initiative petition signed by a number of electors equal in number to at least six percent of the total votes case for candidates for Governor in the preceding gubernatorial election and may not be amended by either house.

An initiative petition proposing a measure shall be filed with the Secretary of State who shall within three calendar days transmit the proposed measure to each house of the General Assembly. When so transmitted, the measure shall be deemed introduced and pending in each house. The procedure for determining the validity and sufficiency of an initiative petition shall be provided by law.

(c) No bill shall become a law without the concurrence of a majority of the members elected to each house. Final passage of a bill shall be by record vote. In the Senate at the request of two members, and in the House at the request of five members, a record vote may be taken on any other occasion. A record vote is a vote by yeas and nays entered on the journal.

A measure may be passed by the General Assembly in the same manner as a bill. If a measure contains provisions whose enactment by bill would require the concurrence of more than a majority of the members elected to each house, it shall not be deemed passed unless it has received the requisite vote. If the petition proposing a measure is not valid and sufficient, passage of the measure by the General Assembly shall have the same effect as if it had been passed as a bill.

(d) A bill or measure shall be read by title on three different days in each house. A bill and each amendment thereto or a measure shall be reproduced and placed on the desk of each member before final passage.

Bills, except bills for appropriations and for the codification, revision or rearrangement of laws, and measures shall be confined to one subject. Appropriation bills shall be limited to the subject of ...


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