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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/28-6
(10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
Sec. 28-6. Petitions; filing.
(a) On a written petition signed by a number of voters equal to at least
8% of the total votes cast for candidates for Governor in the preceding gubernatorial
election by the registered
voters of the municipality, township, county or school district,
it
shall be
the duty of the proper election officers to submit any question of
public policy so petitioned for, to the electors of such political subdivision
at any regular election named in the
petition at which an election is scheduled to be held throughout such political
subdivision under Article 2A. Such petitions shall be filed with the local
election official of the political subdivision
or election authority, as the case may be.
Where such a question is to be submitted to the voters of a municipality
which has adopted Article 6, or a township or school district located
entirely within the jurisdiction of a municipal board of election
commissioners, such petitions shall be filed with the board of election
commissioners having jurisdiction over the political subdivision.
(b) In a municipality with more than 1,000,000
inhabitants, when a question of public policy exclusively concerning
a contiguous territory included entirely within but not coextensive with the
municipality is initiated by resolution or ordinance of the corporate
authorities of the municipality, or by a petition which may be signed by
registered voters who reside in any part of any precinct all or part of
which includes all or part of the territory and who equal in number
to at least 8% of the total votes cast for candidates for Governor in the
preceding gubernatorial election by the voters of
the precinct or precincts in the territory where the question is to be submitted to the voters, it shall
be the duty of the election authority having jurisdiction over such
municipality to submit such question to the electors throughout each
precinct all or part of which includes all or part of the
territory at the regular election specified in the resolution, ordinance
or petition initiating the public question. A petition initiating a public
question described in this
subsection shall be filed with the election authority having jurisdiction
over the municipality. A resolution, ordinance or petition initiating a public
question described in this subsection shall specify the election at which
the question is to be submitted.
(c) Local questions of public policy authorized by this
Section and statewide questions of public policy authorized by Section 28-9
shall be advisory public questions, and no legal effects shall result
from the adoption or rejection of such propositions.
(d) This Section does not apply to a petition filed pursuant to
Article IX of the Liquor Control Act of 1934.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/28-7
(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
Sec. 28-7.
Except as provided in Article 24 of the Township Code, in any case in which Article VII or paragraph (a) of Section 5 of
the
Transition Schedule of the Constitution authorizes any action to be
taken by or with respect to any unit of local government, as defined in
Section 1 of Article VII of the Constitution, by or subject to approval
by referendum, any such public question shall be initiated in
accordance with this Section.
Any such public question may be initiated by the governing body of the
unit of local government by resolution or by the filing with the clerk or
secretary of the
governmental unit of a petition signed by a number of qualified electors
equal to or greater than at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election, requesting the submission of the proposal
for such action to the voters
of the governmental unit at a regular election.
If the action to be taken requires a referendum involving 2 or more
units of local government, the proposal shall be submitted to the voters
of such governmental units by the election authorities with jurisdiction
over the territory of the governmental units. Such multi-unit proposals
may be initiated by appropriate
resolutions by the respective governing bodies or by
petitions of the voters of the several governmental units filed with the
respective clerks or secretaries.
This Section is intended to provide a method of submission to
referendum in all cases of proposals for actions which are authorized by
Article VII of the Constitution by or subject to approval by referendum
and supersedes any conflicting statutory provisions except those
contained in Division 2-5 of the Counties Code or Article 24 of the Township Code.
Referenda provided for in this Section may not be held more than once
in any 23-month period on the same proposition, provided that in any
municipality a referendum to elect not to be a home rule unit may be held
only once within
any 47-month period.
(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)
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10 ILCS 5/28-8 (10 ILCS 5/28-8) (from Ch. 46, par. 28-8) Sec. 28-8. If a referendum held in accordance with Section 28-7 of this Act involved the question of whether a unit of local government shall become a home rule unit or shall continue to be a home rule unit and if that referendum passed, then the clerk of that unit of local government shall, within 45 days after the referendum, file with the Secretary of State a certified statement showing the results of the referendum and the resulting status of the unit of local government as a home rule unit or a non-home rule unit. The Secretary of State shall maintain such certified statements in his office as a public record. The question of whether a unit of local government shall become a home rule unit shall be submitted in substantially the following form: Shall (name of the unit of local government) become a home rule unit? Votes must be recorded as "yes" or "no". The question of whether a unit of local government shall continue to be a home rule unit shall be submitted in substantially the following form: Shall (name of the unit of local government) continue to be a home rule unit? Votes must be recorded as "yes" or "no". (Source: P.A. 103-600, eff. 7-1-24.) |
10 ILCS 5/28-8.1
(10 ILCS 5/28-8.1) (from Ch. 46, par. 28-8.1; formerly Ch. 46, pars. 1001, 1002 and 1003)
Sec. 28-8.1.
Proposition publication.
(a) Whenever any proposition required by law to be voted upon
before its adoption, other than a constitutional amendment, is submitted
to the people, it is the duty of the Secretary of State to prepare a
statement setting forth in detail the Section or Sections of the law
sought to be amended by the vote, together with statements and suggestions as
may be necessary for a proper understanding of the proposition. The statements
and suggestions shall be submitted to the Attorney General for his approval.
(b) It shall be the duty of the Secretary of State, after the amendments and
suggestions shall have been approved by the Attorney General as provided in
subsection (a), to certify to each county clerk, under seal, the statements and
suggestions.
(c) It is hereby made the duty of the county clerk to have the
statements and suggestions published and posted at the same time, in the same
manner and at the same places that the sample ballots and instructions to
voters are required by law to be posted.
(Source: P.A. 87-1052.)
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