If the voters approve the call for a Constitutional Convention, the next step would be to elect delegates and provide funding. The Constitution specifies that two delegates will be elected from each of the 59 legislative districts (118 total) Delegates must meet the same eligibility requirements as those for members of the General Assembly (21 years of age and 2 years of residence in the district). The General Assembly would be required in the 2009-2010 session to pass a law (which requires the Governor’s signature) which:

      • sets a date for the election of delegates at either regularly scheduled election (probably the fall  of 2010 or the spring of 2011) or a special election (probably the fall of 2009),
      • determines the nature of the election (probably non-partisan with a requirement for potential candidates to file nominating petitions with a set amount of signatures),
      • sets the amount of pay for the delegates and officers of the convention, and
      • sets the date and location for the first meeting of the convention (must be within 3 months after the election of delegates.

The General Assembly would also have to past and the Governor would have to sign an appropriation bill to fund the convention (salaries, staff, and expenses). Failure to act on any of these items would probably result in the Illinois State Supreme Court stepping in to insure that the General Assembly and the Governor implemented the provisions of the constitution.

The General Assembly and the Governor have some leeway, particularly as to the date of the election and the nature of the election. Having delegates elected with partisan labels, requiring a large number of signatures on nominating petitions and holding the election in the fall of 2010 along with the election of the legislature and the constitutional officers might produce a different set of delegates than having them elected on a non-partisan ballot, requiring a small number of signatures on nominating petitions and having a special election in the fall of 2009. While the assumption is that the Convention would meet in Springfield, it is not required.

Once delegates are elected, they would meet at the time and location specified by law, organize and elect officers, hire staff, and begin deliberations. They can consider a revision of the entire Constitution or specific amendments to the existing Constitution. Issues such as a progressive income tax, term limits for public officials or a ban on gay marriages could all be part of an entirely new document or they could be presented as three separate ballot questions to amend the current Constitution. The convention must provide an effective date for any proposed changes. Any revision or amendment approved by a majority of the delegates has to be presented to the citizens for a vote. There is no time limit for how long the convention can meet and no requirement that they submit revisions or amendments. Faced with a stalemate, the delegates could vote to adjourn permanently without putting anything before the voters.

Any revisions or amendments approved by the Convention must be submitted to the voters not less than two months or more than six months after the Convention adjourns. Within that time frame, the Convention will set the date of the election to consider the revisions or amendments, which can at either a regularly scheduled election or a special election.

The text and an explanation of revisions or amendments shall be published, as the Convention provides, no less than one month before the election. The Convention has some leeway in scheduling a vote on proposed changes. Having a special election might produce a different dynamic than having them on the ballot during a gubernatorial or presidential election or a primary election.