Wednesday, August 20, 2014

Partial segment from the Appellate Ruling Affirming the Term Limits Amendment is Unconstitutional

the court found the Term Limits Initiative invalid under two constitutional provisions—article XIV, section 3, which governs ballot initiatives to amend the constitution, and article III, section 3, known as the free and equal clause (Ill. Const. 1970, art. XIV, § 3; art. III, § 3). On appeal, the Committee contends that the Term Limits Initiative satisfies the requirement of article XIV, section 3, that amendments must be limited to structural and procedural subjects contained in the legislative article. The Committee also asserts that the Term Limits Initiative satisfies the requirements of the free and equal clause. Because the proposed No. 1-14-1937 -3- amendment violates both article XIV, section 3, and the free and equal clause, we affirm the circuit court's judgment.

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