(10 ILCS 5/28-1)
(from Ch. 46, par. 28-1)
The initiation and submission of all public questions to
be voted upon by the electors of the State or of any political
subdivision or district or precinct or combination of precincts shall be
subject to the provisions of this Article.
Questions of public policy which have any legal effect shall be
submitted to referendum only as authorized by a statute which so
provides or by the Constitution. Advisory questions of public policy
shall be submitted to referendum pursuant to Section 28-5 or pursuant to
a statute which so provides.
The method of initiating the submission of a public question shall be
as provided by the statute authorizing such public question, or as
provided by the Constitution.
All public questions shall be initiated, submitted and printed on the
ballot in the form required by Section 16-7 of this Act, except as may
otherwise be specified in the statute authorizing a public question.
Whenever a statute provides for the initiation of a public question
by a petition of electors, the provisions of such statute shall govern
with respect to the number of signatures required, the qualifications of
persons entitled to sign the petition, the contents of the petition, the
officer with whom the petition must be filed, and the form of the
question to be submitted. If such statute does not specify any of the
foregoing petition requirements, the corresponding petition requirements
of Section 28-6 shall govern such petition.
Irrespective of the method of initiation, not more than 3 public
questions other than (a) back door referenda, (b) referenda to
determine whether a disconnection may take place where a city coterminous
with a township is proposing to annex territory from an adjacent township, (c) referenda held under the provisions of the Property Tax Extension
Limitation Law in the Property Tax Code, or (d) referenda held under
Section 2-3002 of the Counties Code may be submitted to
referendum with respect to a political
subdivision at the same election.
If more than 3 propositions are timely initiated or certified for
submission at an election with respect to a political subdivision, the
first 3 validly initiated, by the filing of a petition or by the
adoption of a resolution or ordinance of a political subdivision, as the
case may be, shall be printed on the ballot and submitted at that
election. However, except as expressly authorized by law not more than
one proposition to change the form of government of a municipality
pursuant to Article VII of the Constitution may be submitted at an
election. If more than one such proposition is timely initiated or
certified for submission at an election with respect to a municipality,
the first validly initiated shall be the one printed on the ballot and
submitted at that election.
No public question shall be submitted to the voters of a political
subdivision at any regularly scheduled election at which such voters are
not scheduled to cast votes for any candidates for nomination for, election
to or retention in public office, except that if, in any existing or proposed
political subdivision in which the submission of a public question at a
regularly scheduled election is desired, the voters of only a portion of
such existing or proposed political subdivision are not scheduled to cast votes
for nomination for, election to or retention in public office at such election,
but the voters in one or more other portions of such existing or proposed
political subdivision are scheduled to cast votes for nomination for, election
to or retention in public office at such election, the public question shall be
voted upon by all the qualified voters of the entire existing or proposed
political subdivision at the election.
Not more than 3 advisory public questions may be submitted to the
voters of the entire state at a general election. If more than 3 such advisory
propositions are initiated, the first 3 timely and validly initiated
shall be the questions printed on the ballot and submitted at that
election; provided however, that a question for a proposed amendment to
Article IV of the Constitution pursuant to Section 3, Article XIV of the
Constitution, or for a question submitted under the Property Tax Cap
Referendum Law, shall not be included in the foregoing limitation.
(Source: P.A. 93-308, eff. 7-23-03.)