Page images
PDF
EPUB

ARTICLE III.

Distribution of Powers. The powers of the government of this State are divided into three distinct departments—the Legislative, Executive, and Judicial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.

ARTICLE IV.

Legislative Department. Section 1. The legislative power shall be vested in the Gene. ral Assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people.

Election. Sec. 2. An election for members of the General Assembly shall be held on the Tuesday next after the first Monday in November, in the year of our Lord one thousand eight hundred and seventy, and every two years thereafter, in each county, at such places therein as may be provided by law. When vacancies occur in either house, the Governor, or person exercising the powers of Governor, shall issue writs of election to fill such vacancies.

Eligibility and Oath. Sec. 3. No person shall be a Senator who shall not bave attained the age of twenty-five years, or a Representative who shall not have attained the age of twenty-one years. No person shall be a Senator or a Representative who shall not be a citizen of the United States and who shall not have been for five years a resident of this State, and for two years next preceding his election a resident within the territory forming the district from which he is elected. No judge or clerk of any court, Secretary of State, Attorney-General, State's Attorney, Recorder, Sheriff, or Collector of Public Revenue, members of either house of Congress, or person holding any lucrative office under the United States or this State, or any foreign government, shall have a seat in the General Assembly: Provided, That appointments in the militia, and the offices of notary public ad justice of the peace, shall not be considered lucrative. Nor shall any person holding any office of honor or profit under any foreign government, or under the government of the United States, (except postmasters whose annual compensation does not exceed the sum of three hundred dollars) hold any office of honor or profit under the authority of this State.

[graphic]

Sec. 4. No person who has been, or hereafter shall be convicted of bribery, perjury or other infamous crime, nor any person who has been or may be a collector or holder of public moneys, who shall not have accounted for and paid over, according to law, all such moneys due from him, shall be eligible to the General Assembly, or to any office of profit or trust in this State.

Sec. 5. Members of the General Assembly, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitu. tion of the State of Ilinois, and will faithfully discharge the duties of Senator (or Representative) according to the best of my ability; and that I have not knowingly or intentionally paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influence any vote at the election at which I was chosen to fill the said office, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing from any corporation, company or person for any vote or influence I may give or withhold on any bill, resolution or appropriation, or for any other official act.”

This oath shall be administered by a judge of the Supre:ne or Circuit court in the hall of the house to which the member is elected, and the Secretary of State shall record and file the oath subscribed by each member. Any member who shall refuse to take the oath herein prescribed shall forfeit his office, and every member who shall be convicted of having sworn falsely to, or of violating, his said oath, shall forfeit his office and be disqualified thereafter from holding any office of profit or trust in this State.

Apportionments -- Senatorial. Sec. 6. The General Assembly shall apportion the State every ten years, beginning with the year one thousand eight hun. dred and seventy-one, by dividing the population of the State, as ascertained by the federal census, by the number fifty-one,

and the quotient shall be the ratio of representation in the Senate. The State shall be divided into fifty-one senatorial districts, each of which shall elect one Senator, whose term of office shall be four years. The Senators elected in the year of our Lord one thousand eight hundred and seventy-two, in districts bearing odd numbers, shall vacate their offices at the end of two years, and those elected in districts bearing even numbers at the end of four years; and vacancies occurring by the expiration of term shall be filled by the election of Senators for the full term. Senatorial districts shall be formed of contiguous and compact territory, bounded by county lines, and contain as near as practicable an equal number of inhabitants; but no district shall contain less than four-fifths of the senatorial ratio. Counties contain: ing not less than the ratio and three-fourths may be divided into separate districts, and shall be entitled to two Senators, and to one additional Senator for each number of inhabitants equal to the ratio contained by such counties in excess of twice the number of said ratio.

Representatives. Sec. 7. The population of the State, as ascertained by the federal census, shall be divided by the number one hundred and fifty-three, and the quotient shall be the ratio of representation in the House of Representatives. Every county or district shall be entitled to one representative, when its population is threefifths of the ratio; if any county has less than three-fifths of the ratio, it shall be attached to the adjoining county having the least population, to which no other county has, for the same reason, been attached, and the two shall constitute a separate district. Every county or district having a population not less than the ratio and three-fifths, shall be entitled to two representatives, and for each additional number of inhabitants, equal to the ratio, one representative. Counties having over two hundred thousand inhabitants, may be divided into districts, each entitled to not less than three nor more than five representatives. After the year one thousand eight hundrd and eighty, the whole population shall be divided by the number one hundred :ind fiftynine, and the quotient shall be the ratio of representation in the House of Representatives for the ensuing ten years, and six additional representatives shall be added for every five hundred thousand increase of population at each decennial census thereafter, and be apportioned in the same manner as above provided.

[graphic]

Sec. 8. When a county or district shall have a fraction of of population above what shall entitle it to one representative, or more, according to the provisions of the foregoing section, amounting to one-fifth of the ratio, it shall be entitled to one additional representative in the fifth term of each decennial period; when such fraction is two-fifths of the ratio, it shall be entitled to an additional representative in the fourth and sfth terms of said period; when the fraction is three-fifths of the ratio, it shall be entitled to an additional representative in the first, second and third terms, respectively; when a fraction is fourfifths of the ratio, it shall be entitled to an additional representative in the first, second, third and fourth terins, respectively.

Note.-L'y the adoption of minority representation, sections 7 and 8 of this article, above set forth, cease to be a part of the Constitution. Under section 12 of the schedule, and the vote of adoption, the following section relating to minority repre sentation is substituted for said sections.

Minority Representation. Secs. 7 and 8. The House of Representatives shall consist of three times the number of the members of the Senate, and the term of office shall be two years. Three representatives shall be elected in each senatorial district at the general election in the year of our Lord one thousand eight hundred and seventytwo, and every two years thereafter. In all elections of representatives aforesaid, each qualified voter may cast as many votes for one candidate as there are representatives to be elected, or may distribute the same, or equal parts thereof, among the candi. dates, as he shall see fit; and the candidates highest in votes shall be declared elected.

Time of Meeting and General Rules. Sec. 9. The sessions of the General Assembly shall commence at twelve o'clock noon, or the Wednesday next after the first Monday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this Constitution. A majority of the members elected to each house shall constitute a quoram. Each house shall deterioine the rules of its proceedings, and be the judge of the election, returns and qualifications of its members; shall choose its own officers; and the Senate shall choose a temporary president to preside when the Lieutenant-Governor shall not attend as president, or shall act as Governor. The Secretary of State shall call the House of Representatives to order at the opening of each new Assembly, and preside over it until a temporary presiding officer thereof shall have been chosen and shall have taken his seat. No member shall be expeiled ly either house, except by a vote of tw hirds of all the members elected to that house, and no member shall lie twice expelled for the same offense. Each house may punish liy imprisonment any person not a member who shall be guilty of lisrespect to the house by disorderly or contemptuous behavior in its presence. But no such imprisonment shall extent beyond twenty-four hours at one time, unless the person shall persist in such disorderly or contemptuous behavior.

Sec. 10. The door of each house and of committees of the whole shall be kept open, except in such cases as, in the opinion of the house require secrecy.

Neither house shall, without the consent of the other, adjourn for more than two days, or to any other place than that in which the two houses shall be sitting. Each house shall keep a journal of its proceedings, which shall be published. In the Senate, at the request of two members, and in the house, at the request of five members, the yeas and nars shall be taken on any question, and entered upon the journal. Any two members of either house shall have liberty to dissent from and protest, in respectful language, against any act or resolution which they think injurious to the public or to ang individual, and have the reasons of their dissent entered inun the journals.

Style of Laws and Passage of Bills. Sci. 11. The style of the laws of this State shall be: “Be it enacted by the People of the State of Illinois, represented in the General Assembly.”

Soc. 12. Bills may originate in either house, but inay be altered, amended or rejected by the other; and on the sina)

« PreviousContinue »