Laws governing local ballot measures in Illinois
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This page describes the state constitutional provisions and statutes that govern local ballot measures in Illinois. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.
Explore the links below for more information:
- Laws addressing local ballot measure powers in Illinois
- General requirements for local ballot measures
- Rules for citizen-initiated local ballot measures
- Rules for referred local ballot measures
Law
The Illinois Constitution and Illinois Compiled Statutes Election Code establish the rules that govern local ballot measures in the state.
- Constitution: Article VII, Illinois Constitution
- Statute: Illinois Compiled Statutes, Election Code, Article 28: Submitting Public Questions
General
The following outlines the general rules that govern local ballot measures in Illinois, including both citizen-initiated measures and referred measures from local government bodies.
- Number on the ballot: In Illinois, no more than three ballot measures per political subdivision can appear on the ballot at the same election.[1]
- Exceptions from the three-measure limit include backdoor referendums, annexation-related disconnection measures, measures held under the provisions of the Property Tax Extension Limitation Law (PTELL), non-binding measures on county board size and election methods, and measures to merge or dissolve townships.[1]
- Election timing: In Illinois, a local ballot measure must appear on an election ballot that also includes at least one contest for the nomination, election, or retention of a candidate within the same political subdivision.[1] Referendum required under Article VII of the Illinois Constitution must appear on general election ballots, unless state statute provides for other dates.[2]
- Vote requirements: Most local ballot measures require a simple majority vote. Changing the county seat requires a three-fifths majority vote.[2]
- Required ballot measures: Article VII of the Illinois Constitution requires voter-approved ballot measures, whether citizen-initiated or referred, for the following:[2]
- Changing county boundaries requires voters in each affected county to approve a ballot measure.
- Changing a county seat requires approval by three-fifths (60%) of voters.
- Changing the method of electing county board members to another system permitted by law requires voter approval.
- Changing municipal officer terms or election methods requires voter approval.
- Creating or eliminating a county office, or changing the office's term or selection method, requires voter approval.
- Consolidating, merging, dividing, or dissolving townships requires voter approval in each affected township.
- Becoming a home-rule government, or revoking home-rule status to become a general-law government, requires voter approval.
- Certain local governments, including school districts, bonds, and taxes, require voter approval.
- Any school district capital projects, such as the construction or purchase of new buildings, require voter approval.
What is a backdoor referendum? A backdoor referendum is a process and phrase unique to Illinois. The backdoor referendum functions like a local veto referendum, allowing voters to petition for a public vote on the actions of local governing bodies. Statutes determine which actions are subject to a backdoor referendum, such as bond issuances, certain tax levies, and certain capital projects.[1]
Initiatives
The following outlines additional rules that govern local citizen-initiated ballot measures in Illinois.
- Authority: The Election Code provides that citizen-initiated local ballot measures are non-binding and have no legal effect unless a separate statute or constitutional provision authorizes a binding referendum on that issue. Statutes that do authorize binding initiatives include PTELL rate increase ballot measures, backdoor referendums on bond ordinances, certain county bonds, and initiatives that form new political subdivisions.[1]
- Signatures: The number of signatures required for a local ballot initiative is equivalent to 8% of the votes cast for governor in the most recent gubernatorial election within that jurisdiction.[1]
- Deadlines: Initiatives cannot be proposed for an election scheduled more than one year after the petition filing date, or more than 15 months for a backdoor referendum. This means that the signature collection period is a maximum of one year for initiatives and 15 months for backdoor referendums. Petitions must be filed with the appropriate officer or board at least 92 days before a regular election. Petitions for initiatives creating or forming a political subdivision must be filed at least 122 days before a regular election.[1]
Referrals
The following outlines additional rules that govern local referred ballot measures in Illinois.
- Authority: The Election Code provides that referred local ballot measures, such as those from county boards or city councils, are non-binding and have no legal effect unless a separate statute or constitutional provision authorizes a binding question on that issue.[1]
- Deadlines: The resolution for the referred ballot measure must be adopted at least 79 days before the election.[1]
Laws governing local ballot measures in the U.S.
Laws governing local ballot measures in the United States
As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.
See also
- Laws governing local ballot measures
- Laws governing ballot measures in Illinois
- Local ballot measures, Illinois
- Counties in Illinois
Footnotes
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