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Laws governing the initiative process in Illinois
Laws and procedures
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 rule
Illinois does not have a single-subject rule.
See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 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.
Multiple 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).
In 2016, an initiated constitutional amendment designed to establish an independent redistricting commission was struck from the ballot after proponents had submitted enough signatures to qualify it to go before voters. The initiative altered the duties and powers of the attorney general—as well as other officials—and prescribed a new way for challenging redistricting maps. The Illinois Supreme Court ruled that, while these issues are contained in Article IV of the state constitution, they did not constitute "structural and procedural subjects" and that, therefore, the initiative did not comply with the state's subject restriction.
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) and Chicago Bar Association v. Illinois State Board of Elections (1994)
Competing initiatives
Illinois law does not address the approval of conflicting measures.
See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 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 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.[1][2][3]
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: Starting a petition
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
Fiscal review
- See also: Fiscal impact statements
Illinois does not employ a fiscal review process.
See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28
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
In Illinois, the signature requirement for initiated constitutional amendments is 8 percent of the total votes cast for governor in the preceding gubernatorial election.
The chart below shows election years and the signature requirement for initiatives intended to appear on the ballot in that year, with gubernatorial election years bolded.
| Year | Amendment |
|---|---|
| 2026 | 328,371 |
| 2024 | 328,371 |
| 2022 | 363,813 |
| 2020 | 363,813 |
| 2018 | 290,216 |
| 2016 | 290,216 |
| 2014 | 298,399 |
| 2012 | 298,399 |
| 2010 | 278,934 |
| 2008 | 278,934 |
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 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28
Restrictions on circulators
Circulator requirements
- See also: Petition circulator
No Illinois law prohibiting the circulator from signing the petition was found. Each initiative petition contains a mandatory circulator affidavit. A circulator is required to sign these affidavits before a public notary and he/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition.[4] A person must be 18 years of age and a citizen of the U.S. to be qualified to circulate signatures in Illinois. There is no state residence or voter registration eligibility requirement. Once collection is complete, signatures are submitted to the state board of elections.[4]
See law: Illinois Compiled Statutes Sec. 28-3
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 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28
Out-of-state circulators
Illinois does not require signature gatherers to be residents of the state.
See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 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 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 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
In Illinois, no signatures may be collected earlier than 24 months prior to the general election. Signatures must be filed with the secretary of state no later than 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
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 three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications 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 and 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, issue 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 alteration
- See also: Legislative alteration
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.[5]
See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28
Funding an initiative campaign
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.[6]
State initiative law
Article XIV of the Illinois Constitution addresses initiatives.
The "Illinois Constitutional Amendment Act" (Illinois Compiled Statutes, 5 ILCS 20) primarily governs initiatives.
External links
- Illinois State Board of Elections, Homepage
- Illinois Constitution, Article 14. Constitutional Revision, Pg. 103 (annotated)
Footnotes
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ 4.0 4.1 Illinois General Assembly website, "Illinois Compiled Statutes Sec. 28-3 - Elections," accessed September 9, 2013
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
- ↑ Illinois General Assembly, "ELECTIONS (10 ILCS 5/) Election Code," accessed December 1, 2021
