Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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ELECTIONS10 ILCS 5/24C-15.01
(10 ILCS 5/) Election Code.
(10 ILCS 5/24C-15.01)
Transporting Ballots to Central Counting
Station; Container. Upon completion of the tabulation, audit or
test of voting equipment pursuant to Sections 24C-11 through
24C-15, the ballots and the medium containing the ballots from
each precinct shall be replaced in the container in which they
were transported to the central counting station. If the
container is not a type which may be securely locked, then each
container, before being transferred from the counting station to
storage, shall be securely sealed.
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/24C-15.1
(10 ILCS 5/24C-15.1)
Discovery, Recounts and Election Contests.
Except as provided, discovery recounts and election contests
shall be conducted as otherwise provided for in this Code. The
Direct Recording Electronic Voting System equipment shall be
tested prior to the discovery recount or election contest as
provided in Section 24C-9, and then the official ballots shall
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted.
The additional costs of a redundant count shall be borne by the
The log of the computer operator and all materials retained
by the election authority in relation to vote tabulation and
canvass shall be made available for any discovery recount or
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/24C-16
(10 ILCS 5/24C-16)
Approval of Direct Recording Electronic Voting
The State Board of Elections shall approve
all Direct Recording Electronic Voting Systems that fulfill the
functional requirements provided by Section 24C-11 of this Code,
the mandatory requirements of the federal voting system
standards pertaining to Direct Recording Electronic Voting
Systems promulgated by the Federal Election Commission or the
Election Assistance Commission, the testing requirements of an
approved independent testing authority and the rules of the
State Board of Elections.
The State Board of Elections shall not approve any Direct Recording Electronic Voting System that includes an external Infrared Data Association (IrDA) communications port.
The State Board of Elections is authorized to withdraw its
approval of a Direct Recording Electronic Voting System if the
System, once approved, fails to fulfill the above requirements.
The vendor, person, or other private entity shall be solely responsible for the production and cost of: all application fees; all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's respective equipment and software.
Any voting system vendor, person, or other private entity seeking the State Board of Elections' approval of a voting system shall, as part of the approval application, submit to the State Board a non-refundable fee. The State Board of Elections by rule shall establish an appropriate fee structure, taking into account the type of voting system approval that is requested (such as approval of a new system, a modification of an existing system, the size of the modification, etc.). No voting system or modification of a voting system shall be approved unless the fee is paid.
No vendor, person, or other entity may sell, lease, or loan, or have a written contract, including a contract contingent upon State Board approval of the voting system or voting system component, to sell, lease, or loan, a
Direct Recording Electronic Voting System or system component to
any election jurisdiction unless the system or system component
is first approved by the State Board of Elections pursuant to
(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
10 ILCS 5/24C-17
(10 ILCS 5/24C-17)
Rules; Number of Voting Stations.
Board of Elections may make reasonable rules for the
administration of this Article and may prescribe the number of
voting stations required for the various types of voting
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/24C-18
(10 ILCS 5/24C-18)
Specimen Ballots; Publication.
Direct Recording Electronic Voting System is used, the
election authority shall cause to be published, at least 5
days before the day of each general and general primary
election, in 2 or more newspapers published in and having a
general circulation in the county, a true and legible copy
of the specimen ballot containing the names of offices and
candidates and public questions to be voted on, as near as
may be, in the form in which they will appear on the
official ballot on election day. A true legible copy may
be in the form of an actual size ballot and shall be
published as required by this Section if distributed in 2
or more newspapers published and having a general
circulation in the county as an insert. For each election
prescribed in Article 2A of this Code, specimen ballots
shall be made available for public distribution and shall
be supplied to the judges of election for posting in the
polling place on the day of election. Notice for the
consolidated elections shall be given as provided in
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/24C-19
(10 ILCS 5/24C-19)
Additional Method of Voting.
foregoing Sections of this Article shall be deemed to
provide a method of voting in addition to the methods
otherwise provided in this Code.
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/Art. 25
(10 ILCS 5/Art. 25 heading)
RESIGNATIONS AND VACANCIES
10 ILCS 5/25-1
(10 ILCS 5/25-1)
(from Ch. 46, par. 25-1)
Except as otherwise provided in Section 25-2, resignations of
elective offices shall be made to the officer, court or county board authorized
by law to fill a vacancy in such office by appointment, or to order an election
to fill such vacancy.
(Source: P.A. 88-419.)
10 ILCS 5/25-2
(10 ILCS 5/25-2)
(from Ch. 46, par. 25-2)
Events on which an elective office becomes vacant.
elective office shall become vacant on the happening of any
of the following events before the expiration of the term of such office:
(1) The death of the incumbent.
(2) His or her resignation.
(3) His or her becoming a person under legal
(4) His or her ceasing to be an inhabitant of the
State; or if the office is local, his or her ceasing to be an inhabitant of the district, county, town, or precinct for which he or she was elected; provided, that the provisions of this paragraph shall not apply to township officers whose township boundaries are changed in accordance with Section 10-20 of the Township Code, to a township officer after disconnection as set forth in Section 15-17 of the Township Code, nor to township or multi-township assessors elected under Sections 2-5 through 2-15 of the Property Tax Code.
(5) His or her conviction of an infamous crime, or of
any offense involving a violation of official oath.
(6) His or her removal from office.
(7) His or her refusal or neglect to take his or her
oath of office, or to give or renew his or her official bond, or to deposit or file such oath or bond within the time prescribed by law.
(8) The decision of a competent tribunal declaring
his or her election void.
No elective office, except as herein otherwise provided, shall become
vacant until the successor of the incumbent of such office has been appointed
or elected, as the case may be, and qualified.
An unconditional resignation, effective at a future date, may not be
withdrawn after it is received by the officer authorized to fill the
vacancy. Such resignation shall create a vacancy in office for the purpose
of determining the time period which would require an election. The
resigning office holder may continue to hold such office until the date or
event specified in such resignation, but no later than the date at which
his or her successor is elected and qualified.
An admission of guilt of a criminal offense that would, upon conviction,
disqualify the holder of an elective office from holding that office, in the
form of a written agreement with State or federal prosecutors to plead guilty
to a felony, bribery, perjury, or other infamous crime under State or federal
law, shall constitute a resignation from that office, effective at the time the
plea agreement is made.
For purposes of this Section, a conviction for an offense that disqualifies
the holder of an elective office from holding that office shall occur on the
date of the return of a guilty verdict or, in the case of a trial by the court,
the entry of a finding of guilt.
This Section does not apply to any elected or appointed officers or officials of any municipality having a population under 500,000.
(Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)
10 ILCS 5/25-3
(10 ILCS 5/25-3)
(from Ch. 46, par. 25-3)
(a) Whenever it is alleged that a vacancy in any office
exists, the officer, body, or county board who has authority to fill the
vacancy by appointment, or to order an election to fill such vacancy, shall
have power to determine whether or not the facts occasioning such vacancy
(b) On or before the 100th day previous to the day of election for
which judicial candidates are to be nominated:
(1) The Chief Justice of the Supreme Court shall
certify to the State Board of Elections the names of all judges who have died, resigned, retired or forfeited their office since the last general election and whose vacancies will be filled at the next general election.
(2) The secretary of the Illinois Courts Commission
shall certify to the State Board of Elections the names of judges who have been removed from office and whose vacancies will be filled at the next general election.
(3) The Secretary of State shall certify to the State
Board of Elections the names of judges who were eligible to stand for retention at the next general election, but failed to file a declaration of candidacy to succeed themselves in office or, having timely filed such a declaration, withdrew it.
(4) The State Board of Elections shall determine
whether the General Assembly has created new judgeships which are to be filled at the next general election.
If one of the events described in subsection (a) of Section 2A-9 of this
Code occurs between the 100th day and the 92nd day previous to the day of
election for which judicial candidates are to be nominated, the appropriate
aforementioned officer shall promptly certify the vacancy to the State Board of
(c) Except with regard to new judgeships which have been created by the
General Assembly, the State Board of Elections may rely upon the
certifications from the Supreme Court, the Illinois Courts Commission and
the Secretary of State to determine (1) when vacancies in judicial office
exist and (2) the judicial positions for which elections are to be held.
(Source: P.A. 86-1348
10 ILCS 5/25-4
(10 ILCS 5/25-4)
(from Ch. 46, par. 25-4)
In case of vacancies in the offices of Governor and
Lieutenant-Governor, the officer performing the duties of the office of
Governor, or if there is no such officer, the Secretary of State, shall
issue a proclamation appointing a day for a special election to fill such
vacancies, and shall issue a writ of election to the county clerks of the
several counties in the state, and shall also, when necessary, call a
special session of the General Assembly to canvass the votes cast at such
election; but if such vacancy shall occur not more than ninety (90) days
before a general election for members of the legislature, the vacancies
shall be filled at such general election, in which case no special session
of the General Assembly to canvass the votes shall be deemed necessary.
(Source: Laws 1943, vol. 2, p. 1.)
10 ILCS 5/25-5
(10 ILCS 5/25-5)
(from Ch. 46, par. 25-5)
In accordance with Section 7 of Article V of the Illinois Constitution of 1970, if the Attorney General, Secretary of State, Comptroller, or Treasurer fails to qualify, or if his or her office becomes vacant, the Governor shall fill the office by appointment. If there are 28 months or less remaining in the term at the time of the vacancy or failure to qualify, the appointed officer shall serve for the remainder of the term. If there are more than 28 months remaining in the term at the time of the vacancy or failure to qualify, the office shall be filled by a special election to be held at the next general election. In the case of a special election pursuant to this Section, the appointed officer shall serve until the election results are certified and the person elected at the special election is qualified. Nominations shall be made in accordance with Section 7-68 of this Code. For purposes of this Section, a special election shall not be held if the person elected to the office failed to qualify for a period of less than 30 calendar days. The office to be filled by special election shall appear on the regular ballot at the general election, and shall not require the use of a separate ballot.
(Source: P.A. 98-1170, eff. 1-12-15.)
10 ILCS 5/25-6
(10 ILCS 5/25-6)
(from Ch. 46, par. 25-6)
(a) When a vacancy occurs in the office of State Senator or
Representative in the General Assembly, the vacancy shall be filled within
30 days by appointment of the legislative or representative committee of
that legislative or representative district of the political
party of which the incumbent was a candidate at the time of his
election. The appointee shall be a member of the same political party as
the person he succeeds was at the time of his election, and shall be
otherwise eligible to serve as a member of the General Assembly.
(b) When a vacancy occurs in the office of a legislator elected
other than as a candidate of a political party, the vacancy shall be
filled within 30 days of such occurrence by appointment of the Governor.
The appointee shall not be a member of a political party, and shall be
otherwise eligible to serve as a member of the General Assembly.
Provided, however, the appropriate body of the General Assembly may, by
resolution, allow a legislator elected other than as a candidate of a
political party to affiliate with a political party for his term of
office in the General Assembly. A vacancy occurring in the office of any
such legislator who affiliates with a political party pursuant to
resolution shall be filled within 30 days of such occurrence by
appointment of the appropriate legislative or representative
committee of that legislative or representative district of the political
party with which the legislator so affiliates. The appointee shall be a
member of the political party with which the incumbent affiliated.
(c) For purposes of this Section, a person is a member of a
political party for 23 months after (i) signing a candidate petition, as
to the political party whose nomination is sought; (ii) signing a
statement of candidacy, as to the political party where nomination or
election is sought; (iii) signing a Petition of Political Party
Formation, as to the proposed political party; (iv) applying for and
receiving a primary ballot, as to the political party whose ballot is
received; or (v) becoming a candidate for election to or accepting
appointment to the office of ward, township, precinct or state central
(d) In making appointments under this Section, each committeeman of
the appropriate legislative or representative committee
shall be entitled to one vote for each vote that was received, in that
portion of the legislative or representative district which he represents
on the committee, by the Senator or Representative whose seat is vacant at the
general election at which that legislator was elected to the seat which
has been vacated and a majority of the total number of votes received in
such election by the Senator or Representative whose seat is vacant is
required for the appointment of his successor; provided,
however, that in making appointments in legislative or representative
districts comprising only one county or part of a county
other than a county containing 2,000,000 or more inhabitants, each
committeeman shall be entitled to cast only one vote.
(e) Appointments made under this Section shall be in writing
and shall be signed by members of the legislative or representative committee
whose total votes are sufficient to make the appointments or by the
Governor, as the case may be. Such appointments shall be filed with the
Secretary of State and with the Clerk of the House of Representatives or
the Secretary of the Senate, whichever is appropriate.
(f) An appointment made under this Section shall be for the
remainder of the term, except that, if the appointment is to fill a
vacancy in the office of State Senator and the vacancy occurs with more
than 28 months remaining in the term, the term of the
appointment shall expire at the time of
the next general election at which time a
Senator shall be elected for a new term commencing on the determination
of the results of the election and ending on the second Wednesday of
January in the second odd-numbered year next occurring. Whenever a
Senator has been appointed to fill a vacancy and
was thereafter elected to that office, the term of service under the
authority of the election shall
be considered a new term of service, separate from the term of service
rendered under the authority of the appointment.
(Source: P.A. 97-81, eff. 7-5-11.)
10 ILCS 5/25-7
(10 ILCS 5/25-7)
(from Ch. 46, par. 25-7)
(a) When any vacancy shall occur in the office of representative in congress
from this state more than 240 days before the next general election, the
Governor shall issue a writ of election within 5 days after the occurrence
of that vacancy to the county clerks of the several counties in the
district where the vacancy exists, appointing a day within 180 days of issuance of the writ to hold
a special election to fill such vacancy.
(b) Except as provided in this subsection (b), the provisions of Article 7 of this Code are applicable to petitions for the special primary election and special election. Petitions for nomination in accordance with Article 7 shall be filed in the principal office of the State Board of Elections not more than 85 and not less than 82 days prior to the date of the special primary election, excluding Saturday and Sunday. Petitions for the nomination of independent candidates and candidates of new political parties shall be filed in the principal office of the State Board of Elections not more than 93 and not less than 90 days prior to the date of the special election, excluding Saturday and Sunday.
Except as provided in this subsection, the State Board of Elections shall have authority to establish, in conjunction with the impacted election authorities, an election calendar for the special election and special primary.
(Source: P.A. 98-1171, eff. 6-1-15; 99-221, eff. 7-31-15.)
10 ILCS 5/25-8
(10 ILCS 5/25-8)
(from Ch. 46, par. 25-8)
When a vacancy shall occur in the office of United States
Senator from this state, the Governor shall make temporary appointment to
fill such vacancy until the next election of representatives in Congress,
at which time such vacancy shall be filled by election, and the senator so
elected shall take office as soon thereafter as he shall receive his
certificate of election.
(Source: Laws 1943, vol. 2, p. 1.)
10 ILCS 5/25-10
(10 ILCS 5/25-10)
(from Ch. 46, par. 25-10)
This Section applies only to counties of 3,000,000 or more
population. When a vacancy occurs in the office of Clerk of the Circuit
Court of any of the counties in this State, it shall be the duty of the
Circuit Judges of the respective judicial circuit in which
such vacancy may occur, to make an appointment to fill the vacancy for
the remainder of the unexpired term. However, if more than 28 months
remain in the term, the appointment shall be until the next general
election, at which time a clerk of the circuit court shall be elected for
the balance of the unexpired term. The appointee shall be a member of the
same political party as the person he succeeds was at the time of his
election and shall be otherwise eligible to serve as Clerk of the Circuit
Court. The Circuit Judges may appoint a Clerk Pro Tempore for whatever
period is necessary while reviewing the qualifications of candidates for
appointment to the office.
(Source: P.A. 90-672, eff. 7-31-98.)
10 ILCS 5/25-11
(10 ILCS 5/25-11)
(from Ch. 46, par. 25-11)
When a vacancy occurs in any elective county office, or in a
county of less than 3,000,000 population in the office of clerk of the circuit
court, in a county which is not a home rule unit, the county board or board
of county commissioners shall declare that such vacancy exists and
shall be given to the county central committee or the appropriate county board
or board of county commissioners district committee of each established
political party within 3 days of the
occurrence of the vacancy. The vacancy shall be filled
within 60 days by appointment of the chairman of the county board
or board of county commissioners with the advice and consent of the county
board or board of county commissioners.
In counties in which forest preserve district commissioners are
elected by districts and are not also members of the county board, however,
vacancies in the office of forest preserve district commissioner shall be
filled within 60 days by appointment of the president of the forest preserve
district board of commissioners with the advice and consent of the forest
preserve district board of commissioners. In counties in which the forest
preserve district president is not also a member of the county board, vacancies
the office of forest preserve district president shall be filled within 60 days
by the forest preserve district board of commissioners by appointing one of the
commissioners to serve as president.
shall be a member of the same political party as the person he
succeeds was at the time of his election and shall be otherwise
eligible to serve.
The appointee shall serve the remainder of the unexpired term. However, if
more than 28 months remain in the term, the appointment shall be until the
next general election at which time the vacated office shall be
filled by election for the remainder of the term. In the
case of a vacancy in a seat on a county board or board of county
has been divided into districts under Section 2-3003 or 2-4006.5 of
the Counties Code, the appointee must also be a resident of the
county board or county commission district.
If a county commissioner ceases to reside in the district that he or
she represents, a vacancy in that office exists.
Except as otherwise provided by county ordinance or by law, in
any county which is a home rule unit, vacancies in elective
county offices, other than the office of chief executive officer,
and vacancies in the office of clerk of the circuit court in a county of
less than 3,000,000 population, shall be filled
by the county board or board of county commissioners.
(Source: P.A. 92-189, eff. 8-1-01; 92-583, eff. 6-26-02.)
10 ILCS 5/25-11.1
(10 ILCS 5/25-11.1)
(from Ch. 46, par. 25-11.1)
A vacancy in the office of a State's Attorney or
superintendent of an educational service region who serves 2 or more
counties shall be filled by joint appointment of the county boards of those
counties until the next general election when a successor shall be elected
for the balance of the unexpired term or for a full term, as the case may be.
(Source: P.A. 84-861.)
10 ILCS 5/Art. 28
(10 ILCS 5/Art. 28 heading)
SUBMITTING PUBLIC QUESTIONS
10 ILCS 5/28-1
(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.)
10 ILCS 5/28-2
(10 ILCS 5/28-2)
(from Ch. 46, par. 28-2)
(a) Except as otherwise provided in this Section, petitions
for the submission of public questions to referendum must be filed with the
appropriate officer or board not less than 92 days prior to a regular
election to be eligible for submission on the ballot at such election; and
petitions for the submission of a question under Section 18-120 of the
Property Tax Code must be filed with the appropriate officer or board not more
than 10 months nor less than 6 months prior to the election at which such
question is to be submitted to the voters.
(b) However, petitions for the submission of a public question to
referendum which proposes the creation or formation of a political
subdivision must be filed with the appropriate officer or board not less
than 122 days prior to a regular election to be eligible for submission on
the ballot at such election.
(c) Resolutions or ordinances of governing boards of political
subdivisions which initiate the submission of public questions pursuant
to law must be adopted not less than 79 days before a regularly scheduled
election to be eligible for submission on the ballot at such election.
(d) A petition, resolution or ordinance initiating the submission of a
public question may specify a regular election at which the question is
to be submitted, and must so specify if the statute authorizing the
public question requires submission at a particular election. However,
no petition, resolution or ordinance initiating the submission of a
public question, other than a legislative resolution initiating an
amendment to the Constitution, may specify such submission at an
election more than one year, or 15 months in the case of a back door referendum as defined in subsection (f), after the date on which it is filed or
adopted, as the case may be. A petition, resolution or ordinance
initiating a public question which specifies a particular election at
which the question is to be submitted shall be so limited, and shall not
be valid as to any other election, other than an emergency referendum
ordered pursuant to Section 2A-1.4.
(e) If a petition initiating a public question does not specify a
regularly scheduled election, the public question shall be submitted to
referendum at the next regular election occurring not less than 92 days
after the filing of the petition, or not less than 122 days after the
filing of a petition for referendum to create a political subdivision. If
a resolution or ordinance initiating a public question does not specify a
regularly scheduled election, the public question shall be submitted to
referendum at the next regular election occurring not less than 79 days
after the adoption of the resolution or ordinance.
(f) In the case of back door referenda, any limitations in another
statute authorizing such a referendum which restrict the time in which
the initiating petition may be validly filed shall apply to such
petition, in addition to the filing deadlines specified in this Section
for submission at a particular election. In the case of any back door
referendum, the publication of the ordinance or resolution of the political
subdivision shall include a notice of (1) the specific number of voters
required to sign a petition requesting that a public question be submitted
to the voters of the subdivision; (2) the time within which the petition must
be filed; and (3) the date of the prospective referendum. The secretary or
clerk of the political subdivision shall provide a petition form to any
individual requesting one. The legal sufficiency of that form, if provided by the secretary or clerk of the political subdivision, cannot be the basis of a challenge to placing the back door referendum on the ballot. As used herein, a "back door
referendum" is the submission of a public question to the voters of a
political subdivision, initiated by a petition of voters or residents of
such political subdivision, to determine whether an action by the
governing body of such subdivision shall be adopted or rejected.
(g) A petition for the incorporation or formation of a new
political subdivision whose officers are to be elected rather than appointed
must have attached to it an affidavit attesting that at least 122 days and
no more than 152 days prior to such election notice of intention to file
such petition was published in a newspaper published within the proposed
political subdivision, or if none, in a newspaper of general circulation
within the territory of the proposed political subdivision in substantially
the following form:
NOTICE OF PETITION TO FORM A NEW........
Residents of the territory described below are notified that a petition
will or has been filed in the Office of............requesting a referendum
to establish a new........, to be called the............
*The officers of the new...........will be elected on the same day as the
referendum. Candidates for the governing board of the new......may file
nominating petitions with the officer named above until...........
The territory proposed to comprise the new........is described as follows:
(description of territory included in petition)
Name and address of person or persons proposing
the new political subdivision.
* Where applicable.
Failure to file such affidavit, or failure to publish the required notice
with the correct information contained therein shall render the petition,
and any referendum held pursuant to such petition, null and void.
Notwithstanding the foregoing provisions of this subsection (g) or any
other provisions of this Code, the publication of notice and affidavit
requirements of this subsection (g) shall not apply to any petition filed
under Article 7 or 11E of the School Code nor to any
held pursuant to any such petition, and neither any petition filed under
any of those Articles nor any referendum held pursuant to any such petition
shall be rendered null and void because of the failure to file an affidavit
or publish a notice with respect to the petition or referendum as required
under this subsection (g) for petitions that are not filed under any of
those Articles of the School Code.
(Source: P.A. 96-1008, eff. 7-6-10.)