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Laws governing local ballot measures

Citizens of Illinois may only initiate constitutional amendments. Citizens may not initiate state statutes or veto referendums. The Illinois General Assembly may place legislatively-referred constitutional amendments on the ballot with a three-fifths majority vote of each chamber.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rules

Illinois does not have a single-subject rule.

See law: Illinois Constitution, Article XIV, Section 3 & Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 & 10 ILCS 5/28

Subject restrictions

See also: Subject restrictions (ballot measures)

Initiated measures in Illinois may only amend Article IV of the Illinois Constitution. In addition, they may only address "structural and procedural subjects contained in Article IV." In Coalition for Political Honesty v. State Board of Elections (1976), the Illinois Supreme Court clarified this provision:

As commonly understood, the word "and" would thus limit initiatives to amendments whose subjects would be both structural and procedural, such as a proposal for the conversion from a bicameral to a unicameral legislature or for the conversion from multiple- to single-member legislative districts. Giving effect to the language of section 3 would produce no absurdity or unreasonable result. This court is without authority to substitute "or" for the "and" the constitutional convention used in stating "structural and procedural" unless a contrary intention is clearly manifested. We judge a contrary intention is not clearly manifested.

At least two subsequent decisions have relied on the interpretation in Coalition to block proposed amendments-- Lousin v. State Board of Elections (1982) and Chicago Bar Association v. Illinois State Board of Elections (1994).

See law: Illinois Constitution, Article XIV, Section 3 ; Coalition for Political Honesty v. State Board of Elections (1976) ; Lousin v. State Board of Elections (1982) & Chicago Bar Association v. Illinois State Board of Elections (1994)

Competing initiatives

See also: Superseding initiatives; "Poison pills"; List of Illinois ballot measures

Illinois law does not address the approval of conflicting measures.

See law: Illinois Constitution, Article XIV, Section 3 & Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 & 10 ILCS 5/28

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Applying to petition

See also: Approved for circulation

In Illinois, neither initiative applications nor draft petitions are required prior to circulation.

See law: Illinois Compiled Statutes, 5 ILCS 20/2

Proposal review/approval

See also: Approved for circulation

No process exists for evaluating petition forms or amendment language prior to circulation. Petitions must contain the text of the amendment and the date of the general election.

See law: Illinois Constitution, Article XIV, Section 3

Petition summary

See also: Ballot measure summary statement

No process exists for evaluating petition language prior to circulation. Petitions must contain the text of the amendment and the date of the general election.

See law: Illinois Constitution, Article XIV, Section 3

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Illinois signature requirements

The signature requirement for constitutional amendments is 8% of the total votes cast for Governor in the last election.

Year	Amendment
2014	298,399
2012	298,399
2010	278,934
2008	279,039

See law: Illinois Constitution, Article XIV, Section 3

Distribution requirements

See also: Distribution requirements

Illinois does not have a distribution requirement for petition signatures.

See law: Illinois Constitution, Article XIV, Section 3 & Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 & 10 ILCS 5/28

Restrictions on circulators

Pay-per-signature

See also: Pay-per-signature

Illinois does not ban paying circulators by the signature.

See law: Illinois Constitution, Article XIV, Section 3 & Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 & 10 ILCS 5/28

Out-of-state circulators

See also: Residency requirements for petition circulators

Illinois does not require signature gatherers to be residents of the state.

See law: Illinois Constitution, Article XIV, Section 3 & Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 & 10 ILCS 5/28

Badge requirements

See also: Badge requirements

Illinois law does not require a circulator's paid/volunteer status to be disclosed.

See law: Illinois Constitution, Article XIV, Section 3 & Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 & 10 ILCS 5/28

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Illinois does mandate that signatures be collected in the presence of the petition circulator."

See law: Illinois Compiled Statutes, 10 ILCS 5/28-3

Deadlines for collection

See also: Petition drive deadlines; Circulation period

In Illinois, no signatures may be collected earlier that 24 months before the general election. Signatures must be filed with the Secretary of state no later that six months prior to the general election, leaving 18 months for circulation.

See law: Illinois Compiled Statutes, 10 ILCS 5/28-9

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

Signatures are filed with the Secretary of State. The Secretary then forwards the signed petition forms to the State Board of Elections. The Board verifies the signature via a random sample method.

See law: Illinois Compiled Statutes, 10 ILCS 5/28-11

Ballot title and summary

See also: Ballot title

Prior to filing their signed petitions, proponents must prepare an explanation of and an argument for their amendment. They must also prepare the form of the amendment as it will appear on the ballot. State legislators opposed to the amendment are charged with writing an opposing argument. Once prepared, the ballot language is filed with the Illinois Attorney General. The Attorney General is free to rewrite the language for "accuracy and fairness." Once reviewed, the language is submitted to the Secretary of State with the signature filing.

See law: Illinois Compiled Statutes, 5 ILCS 20/2

Fiscal review

See also: Fiscal impact statements

Illinois does not employ a fiscal review process.

See law: Illinois Constitution, Article XIV, Section 3 & Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 & 10 ILCS 5/28

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

In Illinois, all amendments must be approved by either (1) a majority of those voting in the election or (2) 3/5 of those voting on the amendment itself.

See law: Illinois Constitution, Article XIV, Section 3

Effective date

Unless otherwise specified by the amendment itself, each amendment will take effect upon the declaration of results by the State Board of Elections.

See law: Illinois Compiled Statutes, 5 ILCS 20/7 & 5 ILCS 20/7.1

Litigation

See also: Ballot measure lawsuit news

After the filing deadline has passed, opponents have 35 days to submit objections to the State Election Board. The Board may call witness, issues subpoenas, and rule on the objection. If the objection is denied, the objector may, within five days, appeal the decision to the Illinois Seventh Judicial Circuit Court.

See law: Illinois Compiled Statutes, 10 ILCS 5/10-8 to 10 ILCS 5/10-10.1

Legislative tampering

See also: Legislative tampering

The Illinois General Assembly may only repeal an initiated amendment by placing a repeal measure on the ballot, following the ordinary process for legislatively-referred constitutional amendments. Each chamber of the General Assembly must pass the amendment by a 3/5 majority. Voters must approve the measure by either (1) a majority of those voting in the election or (2) 3/5 of those voting on the amendment itself.

See law: Illinois Constitution, Article XIV, Section 3

Re-attempting an initiative

Illinois does not limit how soon an initiative can be re-attempted.

See law: Illinois Constitution, Article XIV, Section 3 & Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 & 10 ILCS 5/28

Funding an initiative campaign

See also: Campaign finance requirements for Illinois ballot measures

Campaign finance requirements for Illinois ballot measures are promulgated by the Illinois State Board of Elections. The Board of Elections is the agency that is responsible for enforcing all campaign finance laws in the State of Illinois. The Board has a disclosure database that lists all campaign finance reports from groups in support or opposition of a ballot measure.

State initiative law

Article XIV of the Illinois Constitution addresses initiatives.

• Article XIV, Illinois Constitution

The "Illinois Constitutional Amendment Act" (Illinois Compiled Statutes, 5 ILCS 20) primarily governs initiatives.

• Illinois Compiled Statutes, 5 ILCS 20

External links

• Illinois State Board of Elections, Homepage

References

Ballot law
State laws
Initiative law Recall law Statutory changes
Court cases
Lawsuit news Ballot access rulings Recent court cases Petitioner access Ballot title challenges Superseding initiatives Signature challenges
Laws governing local ballot measures

The following laws have been proposed which modify ballot measure law in Illinois.

Proposed changes by year

2011

See also: Changes in 2011 to laws governing ballot measures

Bills that have or might be introduced in the 2011 session of the Illinois General Assembly include:

2010

See also: Changes in 2010 to laws governing ballot measures

The following proposals were made during the 2009-2010 session of the Illinois General Assembly: