HJ0143 95TH GENERAL ASSEMBLY

HJ0143 LRB095 22557 RLC 52943 r

HOUSE JOINT RESOLUTION

WHEREAS, The proposed wording of the statewide referendum on whether to call a constitutional convention, set to appear on the November 4, 2008 General Election ballot, contains an inappropriately biased "explanation of proposed call" paragraph, which, among other things, informs voters that the 1988 constitutional convention referendum was defeated by a margin of 75% to 25%; and

WHEREAS, Recounting the results of the 1988 referendum, apart from being irrelevant to the consideration of the merits of this year's question, violates State and federal constitutional guarantees of a neutral, fairly-arbitrated election; and

WHEREAS, The abrupt insertion of this fact, out of its historical context, amounts to a subtle and derogatory argument against the affirmative case for the calling of a convention; and

WHEREAS, In addition to containing an impermissibly prejudicial statement, the entire "explanation of proposed call" paragraph is illegally appended to the constitutional convention referendum question in blatant defiance of the express command of Section 16-6 of the Election Code; and

WHEREAS, Illinois voters have the right, under the federal Constitution, and the existing State constitution, to have free and fair elections, devoid of misleading and superfluous ballot language which, under the guise of educating voters, in fact expresses the biases and preferences of political elites; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the proposed ballot question wording for the constitutional convention referendum is, unconstitutional on its face, violative of State statute, and therefore unacceptable; and be it further

RESOLVED, That House Joint Resolution 137 notwithstanding, the question of whether to call a constitutional convention required by Article XIV of the Illinois Constitution to appear on the November 4, 2008 general election ballot should be reworded, and all ballots altered accordingly, to conform to the Constitution of the United States and the Constitution of the State of Illinois, as well as the laws of the State of Illinois, particularly Section 16-6 of the Election Code, such that voters are presented with the following question:

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YES For the calling - ---------- of a Constitutional NO Convention.

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