CONAMEND-ARTIFICAL PERSONS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0010

Introduced 1/30/2026, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:

ILCON Art. XIII, Sec. 9 new

Proposes to amend the General Provisions Article of the Illinois
Constitution. Clarifies that artificial persons exist only by grant of the
State and shall have no powers or privileges except those expressly
provided by the Illinois Constitution or the laws of the State. Revokes all
powers previously granted to any artificial person under the laws of the
State. Re-grants powers to artificial persons, to the extent that those
powers do not include the power to conduct any election activity or
ballot-issue activity. Provides that any election activity or ballot-issue
activity conducted by an artificial person is ultra vires and void.
Effective upon being declared adopted.
LRB104 17487 SPS 30913 e

SC0010
LRB104 17487 SPS 30913 e
1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

3

RESOLVED, BY THE SENATE OF THE ONE HUNDRED FOURTH GENERAL
4
ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF
5
REPRESENTATIVES CONCURRING HEREIN, that there shall be
6
submitted to the electors of the State for adoption or
7
rejection at the general election next occurring at least 6
8
months after the adoption of this resolution a proposition to
9
amend Article XIII of the Illinois Constitution by adding
10
Section 9 as follows:

11
ARTICLE XIII
12
GENERAL PROVISIONS
13

(ILCON Art. XIII, Sec. 9 new)
14
SECTION 9.
ARTIFICIAL PERSONS
15

(a) As used in this Section:
16

"Artificial person" means every entity whose existence or
17
limited liability shield is conferred by the laws of this
18
State, including, without limitation:
19

(1) business corporations;
20

(2) not-for-profit corporations;
21

(3) limited liability companies;
22

(4) unincorporated associations, limited liability
23

partnerships, statutory trusts, professional

SC0010
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LRB104 17487 SPS 30913 e
1

corporations, cooperatives, and any successor form; and
2

(5) foreign entities that are authorized to transact
3

business, are otherwise transacting business, or hold
4

property in this State.
5

For the purpose of paragraph (5), any foreign entity that
6
directly or indirectly undertakes, finances, or directs
7
election activity or ballot-issue activity in this State is
8
conclusively deemed to be transacting business in this State.
9

"Ballot-issue activity" means paying, contributing, or
10
expending money or anything of value to support or oppose a
11
ballot question or initiative. "Ballot-issue activity" does
12
not include any bona fide news story, commentary, or editorial
13
distributed through the facilities of any broadcasting
14
station, or of any print, online, or digital newspaper,
15
magazine, blog, or other periodical publication, unless the
16
broadcasting, print, online, or digital facilities are owned
17
or controlled by a political party, political committee, or
18
candidate.
19

"Charter privilege" means any benefit to artificial
20
persons that exists only because this State confers it, such
21
as limited liability, perpetual duration, succession in its
22
corporate name, and tax credits and abatements. "Charter
23
privilege" does not include the privilege to conduct election
24
activity or ballot-issue activity.
25

"Election activity" means paying, contributing, or
26
expending money or anything of value to support or oppose a

SC0010
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LRB104 17487 SPS 30913 e
1
candidate, political party, or political committee. "Election
2
activity" does not include any bona fide news story,
3
commentary, or editorial distributed through the facilities of
4
any broadcasting station, or of any print, online, or digital
5
newspaper, magazine, blog, or other periodical publication,
6
unless the broadcasting, print, online, or digital facilities
7
are owned or controlled by a political party, political
8
committee, or candidate.
9

"Foreign entity" means an artificial person organized or
10
existing under the laws of any jurisdiction other than this
11
State.
12

"Powers of artificial persons" means powers necessary or
13
convenient to carry out lawful business or charitable
14
purposes, excluding any power to directly or indirectly engage
15
in election activity or ballot-issue activity.
16

(b) Artificial persons exist only by grant of the State
17
and shall have no powers or privileges except those expressly
18
provided by this Constitution or the laws of this State.
19

(c) The General Assembly may only create artificial
20
persons in a manner consistent with subsection (b).
21

It is not the intent of this State that artificial persons
22
have the power to conduct any election activity or
23
ballot-issue activity. This subsection retracts all powers of
24
artificial persons and re-grants only those powers deemed
25
necessary or convenient to carry out an artificial person's
26
lawful business or charitable purposes.

SC0010
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LRB104 17487 SPS 30913 e
1

Any powers related to election activity or ballot-issue
2
activity are not deemed necessary or convenient to those
3
purposes.
4

(d) The creation and continued existence of an artificial
5
person are not rights but conditional grants of legal status
6
by this State and remain subject to complete withdrawal at any
7
time. All powers previously granted to any artificial person
8
under the laws of this State are revoked in their entirety. No
9
artificial person operating under the jurisdiction of this
10
State shall possess any power unless specifically granted by
11
this Constitution. No provision of this Constitution grants or
12
recognizes any power of an artificial person to engage in
13
election activity or ballot-issue activity, except as provided
14
in subsection (f).
15

Nothing in this subsection shall be construed to
16
invalidate, impair, or modify any existing contract, debt
17
instrument, security, or other legal obligation validly
18
entered into before the effective date of this Article. The
19
provisions of this subsection do not authorize an artificial
20
person to conduct any election activity or ballot-issue
21
activity after the effective date of this Article.
22

(e) Each artificial person possesses the power to exercise
23
charter privileges, unless its organizational documents limit
24
the exercise of the powers, and no powers beyond those
25
expressly granted. No provision of this Article grants or
26
recognizes any power of an artificial person to engage in

SC0010
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LRB104 17487 SPS 30913 e
1
election activity or ballot-issue activity, except as provided
2
in subsection (f).
3

Any language in articles of incorporation, organization,
4
association, or other organizational documents purporting to
5
directly or indirectly confer election-activity authority or
6
ballot-issue-activity authority to artificial persons is void.
7

(f) Political committees registered under the laws of this
8
State or federal law are entities created for the purpose of
9
engaging in election activity and ballot-issue activity.
10
Political committees may be granted the power to engage in
11
those activities provided that they exist solely for that
12
purpose and claim no charter privilege other than limited
13
liability. This Constitution does not grant any other
14
artificial person the power to engage in election activity or
15
ballot-issue activity.
16

(g) No charter privilege shall be construed to authorize
17
election activity or ballot-issue activity. An artificial
18
person that exercises an authority to conduct election
19
activity or ballot-issue activity, unless expressly permitted
20
to do so under subsection (f), shall forfeit all charter
21
privileges.
22

(h) Any election activity or ballot-issue activity
23
conducted by an artificial person is ultra vires and void. Any
24
such conduct results in the forfeiture of charter privileges
25
as provided in subsection (g) and shall also be subject to
26
civil action by a member, shareholder, or the Attorney General

SC0010
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LRB104 17487 SPS 30913 e
1
for injunctive relief, disgorgement, and confirmation or
2
enforcement of the forfeiture.

3
SCHEDULE
4

This Constitutional Amendment takes effect upon being
5
declared adopted in accordance with Section 7 of the Illinois
6
Constitutional Amendment Act.

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