The Toxicity Factor

Earlier this week, we flagged a New Republic piece in which Nicholas Stephanopolous made the "case for regularly amending state constitutions -- or at least having the opportunity to" do so. Citing the demise of constitutional convention referenda this year in Hawaii, Connecticut, and of course, Illinois, Stephanopolous concluded:

[C]onvention referenda are useful even if they fail. When the public votes against holding a constitutional convention, it sends a powerful message that it is satisfied with how things are or, at least, opposes the proposals of the convention's supporters. Those supporters can then no longer claim a mandate for their ideas.

While this may be a reasonable conclusion to draw from the defeats in Hawaii and Connecticut, it just doesn't apply here in the Prairie State. 

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Every IL County Voted Heavily Against Con-Con (UPDATED)

Originally posted on 11/21.  Updated and bumped up on 11/24 to incorporate municipal results.

A Progress Illinois analysis of the 2008 general election results found that every county in the state -- along with voters in six of the eight cities with their own election authorities -- leaned heavily against the proposed 2010 constitutional convention. 

The exceptions were East St. Louis (where 60 percent of those voting on the Con-Con question supported the idea) and Chicago (where 43 percent voted in favor).  In both of those areas, however, an inordinately high number of voters ignored the question.

This isn't a huge surprise, considering that the referendum was defeated by over a 30 percent margin at the statewide level. Nonetheless, the lack of variance is pretty striking.

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Con-Con Redux?

For anyone who predicted that controversy over the constitutional convention referendum would end with a stinging defeat at the polls yesterday ... well, that was wishful thinking.

Citing problems at polling places, Lt. Gov. Pat Quinn is preparing to mount another legal challenge regarding the controversial ballot language. Along with the Chicago Bar Association (CBA), he is drafting an appeal to the Illinois Supreme Court based on reports that election authorities flouted a court order requiring them to inform voters that the Con-Con ballot language was flawed.

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Con-Con Uh-Oh

If the constitutional convention referendum isn't approved by voters today, it's pretty clear that won't be the last we hear of it.  After Lt. Gov Pat Quinn and the Chicago Bar Association filed a lawsuit last month to have the flawed Con-Con ballot language replaced, election officials came up with their own solution, which a judge ultimately approved: they would hand out flyers at all polling places that provided the corrected language and informed voters to disregard the wording on the ballot.

But according to many of the readers at Capitol Fax, numerous polling places failed to provide the flyer to voters.  In some cases, it was nowhere to be found.  In others, it was taped on the inside of the polling booth.  (UPDATE: The Madison County Record, a downstate outlet, reports that there's "widespread non-compliance.")

Meanwhile, the Beachwood Reporter's Steve Rhodes appears to have missed the question entirely:

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Con-Con Supporters Launch TV Ad

The Vote Yes on the Con-Con Coalition -- made up of religious figures, school funding activists, and property tax reformers -- released an ad on Thursday in the hopes of drawing some last-minute support for the proposed 2010 constitutional convention. The spot is set to play on five major Chicago-area networks through Monday evening:

Determined not to be outdone by the Alliance to Protect the Constitution -- which has a an ad on the airwaves featuring Con-Con foe and former GOP Gov. Jim Edgar --  the Vote Yes coalition raised $100,000 to run their own spot during the region's most popular evening newscasts. So far, four networks are airing the segment. The local ABC affiliate put it on hold, however, until the group agreed to remove the word "corrupt," which initially ran alongside an image of Gov. Rod Blagojevich.

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What Are They All Saying About The Constitutional Convention?

This year's Illinois ballot includes a somewhat obscure referendum question that, every two decades, gives Illinois voters the opportunity to decide whether to hold a constitutional convention.  Since the summer, countless forums and discussions have been held on the pros and cons of rewriting the document.  Thanks to a controversy this fall over the ballot language, more voters are aware of the issue today.  Still, our polls in the 10th and 11th congressional districts showed that about a third of the respondents didn't know anything about the matter as of mid-October.

In a feature article back in May, we explored what remaking the state's constitution could mean for Illinois' future. A Con-Con could present the opportunity for some very progressive advancements -- like revising our regressive tax code or taking redistricting power out of legislators' hands. Conversely, many worry that that the same problems that pervade the statehouse would carry over into a convention.  Others warn that special interest groups might use the process to tamper with our bill of rights.

In recent weeks, the debate has moved onto the op-ed pages.  Below is a list of links to those arguments, grouped into pro and con sections. Decided for yourself which are the most convincing.  We've got to warn you, though, they don't exactly make for an easy voting guide.

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Con-Con Opponents Release Ad Featuring Edgar

The Alliance to Protect the Constitution has released a new TV ad which features Republican Gov. Jim Edgar speaking out against the proposed 2010 constitutional convention.  In the ad, Edgar asserts that the "problem is the leaders in Springfield -- and they'd run the convention."  He concludes by urging Illinoisans to vote no on Con-Con.  Watch it:

Yesterday, Edgar and former Democratic Comptroller Dawn Clark Netsch held a joint press conference to speak out against Con-Con.  Meanwhile, United Power for Action and Justice -- which supports holding a convention -- has released a video of interviews and clips from their recent rally in Chicago.  Watch it below:

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Con-Con Ballots Upheld

An Illinois appellate court today upheld a recent Cook County Circuit Court ruling that, despite problems with the constitutional convention question, the Illinois ballot will go out to voters as is.

Late last week, Lt. Gov. Pat Quinn and the Chicago Bar Association (CBA) had petitioned the state court with a request to stay millions of ballots and to expedite a review of Cook County Judge Nathaniel Howse Jr.'s earlier ruling on the matter. While Howse agreed that the Con-Con ballot language is both "misleading and inaccurate," he decided it was too late to make any radical changes. His solution was to disseminate polling place fliers warning voters to disregard the language on the ballot.

The CBA and Quinn had also petitioned the Illinois Supreme Court to take up the case. They'd hoped the justices would consider their proposal to distribute a separate Con-Con ballot on Nov. 4. The high court, however, remanded the case to the appellate court on Tuesday.

The Source Of That Sneaky Con-Con Question

Today, proponents of convening a constitutional convention will appeal to the Illinois Appellate Court in their attempt to stay millions of ballots just weeks before Election Day.  At issue is the question on the ballot asking voters to support or reject the idea of holding a Con-Con in 2010.  A Cook County judge recently found the language to be misleading and inaccurate, but ruled that it was too late to replace or alter the existing ballots.  He also turned down supporters' requests for a separate paper ballot, opting instead for a flyer notifying voters of the problem when they arrive at their polling place.

With the case advancing to the higher courts, the nagging need to know who exactly sat on the committee that penned the sneaky language is more acute than ever.  And we've got the list.

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Con-Con Case Heads To Higher Courts

Undeterred by a Cook County judge's ruling that the constitutional convention question will appear on the Illinois ballot as drafted -- mistakes and all -- Con-Con proponents have appealed to the state's highest court to intervene on behalf of voters.

With only three weeks until Election Day, Lt. Gov. Pat Quinn and the Chicago Bar Association (CBA) are petitioning both the Illinois Supreme Court and Appellate Court to reverse Cook County Judge Nathaniel Howse Jr.'s recent decision on the matter.  Howse found the Con-Con ballot language to be both "misleading and false," but decided it was too late to do anything but distribute flyers at the polling places with better wording, as well as a warning to disregard the language on the ballot.

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