Constitutional Amendment 49: The Possible Poison Pill On Your Election Ballot

By Chuck Sudo in News on Nov 2, 2012 4:20PM

Voters heading to the polls Tuesday, and voters who've taken advantage of early voting, will find one little known and under-publicized referendum at the very top of the ballot. A friend of ours who voted early last week said he was surprised to find it there and was so confused by the vague nature of its wording that he voted "no." But it's a serious vote that should require careful consideration, as it could wind up affecting the pensions and health care benefits of state workers if it passes.

Constitutional Amendment 49 would change Section 5 of the General Provisions clause in the State Constitution so that a 60 percent vote would be required to approve a benefits increase for state pension plans, from the state level all the way down to local school boards. The amendment is 700 words long, full of confusing legalese past its lead sentence, and labor unions across Illinois believe Amendment 49's true purpose is to be a backdoor to remove the protections on the benefits of state employees.

Some of you may be thinking, "Pension reform, eh? Maybe we should vote 'yes.' " Not so fast. Even though both houses in the state legislature overwhelmingly voted for this to be placed on the ballot—only two elected officials voted no. State Rep. Elaine Nekritz (D-Northbrook) told WBEZ she voted in favor of the amendment "to protect against the kind of votes that helped us get into this mess in the first place."

What Amendment 49 doesn't tackle is amending state pensions so that the state can actually fund them, or the larger issue of pension reform that legislators like House Speaker Michael Madigan continue to kick down the curb, then blame Gov. Pat Quinn for the gridlock on the issue. Civic Federation President Laurence Msall called the amendment an "unnecessary obfuscation of the state’s responsibilities for the pension."

University of Illinois Professor emeritus of business and legal policy John Kindt says Amendment 49 “doesn’t pass the smell test” and that ballots across the state don’t include what voters will be voting for or against with the amendment.

“Currently, the certified ballot doesn’t even list the full text of the 700-word amendment,” Kindt said. “Experts believe the current ballot would not survive a legal challenge. The State Universities Annuitants Association also contends that Amendment 49 was drafted outside of normal processes.”

This isn't flipping a coin on judicial retentions we're talking about. (Although you shouldn't be doing that, either.) This is an amendment to the Illinois Constitution that needs some serious thought before you cast your vote on it. If 60 percent of Illinoisans vote in favor of Amendment 49, it becomes law. At least be informed about it before you head to your polling precinct.