Illinois Compiled Statutes
10 ILCS 5/ - Election Code.
Article 28 - Submitting Public Questions

(10 ILCS 5/Art. 28 heading)

 
(10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
Sec. 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, (d) referenda held under
Section 2-3002 of the Counties Code, or (e) referenda held under Article 22, 23, or 29 of the Township 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. 100-107, eff. 1-1-18.)
 
(10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
Sec. 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 or Section 18-206 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:


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:
* 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
referendum
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. 100-465, eff. 8-31-17.)
 
(10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
Sec. 28-3. Form of petition for public question. Petitions for the
submission of public questions shall
consist of sheets of uniform size and each sheet shall contain, above
the space for signature, an appropriate heading, giving the information
as to the question of public policy to be submitted, and specifying the
state at large or the political subdivision or district or precinct or
combination of precincts or other territory in which it is to be submitted and,
where by law the public question must be submitted at a particular election,
the election at which it is to be submitted. In the case of a petition for the
submission of a public question described in subsection (b) of Section 28-6,
the heading shall also specify the regular election at which the question is to
be submitted and include the precincts included in the territory concerning
which the public question is to be submitted, as well as a common description
of such territory in plain and nonlegal language, such description to describe
the territory by reference to streets, natural or artificial landmarks,
addresses or any other method which would enable a voter signing the petition
to be informed of the territory concerning which the question is to be
submitted. The heading of each sheet shall be the same. Such petition shall be
signed by the registered voters of the political subdivision or district or
precinct or combination of precincts in which the question of public policy is
to be submitted in their own proper persons only, and opposite the
signature of each signer his residence address shall be written or
printed, which residence address shall include the street address or
rural route number of the signer, as the case may be, as well as the
signer's county, and city, village or town, and state; provided that
the county or city, village or
town, and state of residence of such electors may be printed on the
petition forms where all of the electors signing the petition
reside in the same county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address, including
street number, if any. No signature shall be valid or be counted in
considering the validity or sufficiency of such petition unless the
requirements of this Section are complied with.
At the bottom of each sheet of such petition shall be added a
circulator's statement, signed by a person 18 years of age or older who
is a citizen of the United States, stating the street address or rural route
number, as the case may be, as well as the county,
city,
village or town, and state; certifying that the signatures on that sheet of
the
petition were signed in his or her presence and are genuine, and that to
the best
of his or her knowledge and belief the persons so signing were at the time
of
signing the petition registered voters of the political subdivision or
district or precinct or combination of precincts in which the question of
public policy is to be submitted and that their respective residences are
correctly stated therein. Such statement shall be sworn to before some
officer authorized to administer oaths in this State.
Such sheets, before being filed with the proper officer or board
shall be bound securely and numbered consecutively. The sheets shall not be
fastened by pasting them together end to end, so as to form a continuous strip
or roll. All petition sheets which are filed with the proper local election
officials, election authorities or the State Board of Elections shall be the
original sheets which have been signed by the voters and by the circulator, and
not photocopies or duplicates of such sheets. A petition, when presented or
filed, shall not be withdrawn, altered, or added to, and no signature shall be
revoked except by revocation in writing presented or filed with the board or
officer with whom the petition is required to be presented or filed, and before
the presentment or filing of such petition, except as may otherwise be provided
in another statute which authorize the public question. Whoever forges any name
of a signer upon any petition shall be deemed guilty of a forgery, and on
conviction thereof, shall be punished accordingly.
In addition to the foregoing requirements, a petition proposing an amendment
to Article IV of the Constitution pursuant to Section 3 of Article XIV of
the Constitution or a petition proposing a question of public policy to
be submitted to the voters of the entire State shall be in conformity with
the requirements of Section 28-9 of this Article.
If multiple sets of petitions for submission of the same public
questions are filed, the State Board of Elections, appropriate election
authority or local election official where the petitions are filed shall
within 2 business days notify the proponent of his or her multiple petition
filings and that proponent has 3 business days after receipt of the notice
to notify the State Board of Elections, appropriate election authority or
local election official that he or she may cancel prior sets of petitions.
If the proponent notifies the State Board of Elections, appropriate
election authority or local election official, the last set of petitions
filed shall be the only petitions to be considered valid by the State Board
of Elections, appropriate election authority or local election official. If the
proponent fails to notify the State Board of Elections, appropriate
election authority or local election official then only the first set of
petitions filed shall be valid and all subsequent petitions shall be void.

(Source: P.A. 98-756, eff. 7-16-14.)
 
(10 ILCS 5/28-4) (from Ch. 46, par. 28-4)
Sec. 28-4.

The provisions of Sections 10-8 through 10-10.1
relating to objections to nominating petitions, hearings on objections,
and judicial review, shall apply to and govern, insofar as may be
practicable, objections to petitions for the submission of questions of
public policy required to be filed with local election officials and election
authorities, and to petitions for proposed Constitutional amendments and
statewide advisory public questions required
to be filed with the State Board of Elections, except that objections to
petitions for the submission of proposed Constitutional amendments and
statewide advisory public questions may be filed
within 42 business days after the petition is filed.
The electoral board to hear and pass on objections shall be the
electoral board specified in Section 10-9 to have jurisdiction over
objections to the nominating petitions of candidates for offices of the
political subdivision in which the question of public policy is proposed to
be submitted to the electors. The electoral board to hear and pass upon
objections to petitions for proposed Constitutional amendments or statewide
advisory public questions shall be the State Board of Elections.
Objections to petitions for the submission of public questions which are
required by law to be filed with the circuit court shall be presented to
and heard by the court with which such petitions are filed. In such cases,
unless otherwise provided in the statute authorizing the public question,
the court shall (1) set a hearing on the petition, (2) cause notice of such
hearing to be published, as soon as possible after the filing of the petition
but not later than 14 days after such filing and not less than 5 days before
the hearing, in a newspaper of general circulation published in the political
subdivision to which the public question relates and if there is no such
newspaper, then in one newspaper published in the county and having a general
circulation in the political subdivision, (3) conduct such hearing and entertain
all objections as may be properly presented on or before such hearing date
in the manner as provided in Article 10 for the conduct of proceedings before
electoral boards, insofar as practicable, (4) conduct further hearings as
necessary to a decision
on the objections properly raised, and (5) enter a final order not later
than 7 days after the initial hearing.
Where a statute authorizing a public question specifies judicial procedures
for the determination of the validity of such petition, or for the determination
by the court as to any findings required prior to ordering the proposition
submitted to referendum, the procedures specified in that statute shall govern.

(Source: P.A. 83-999.)
 
(10 ILCS 5/28-5) (from Ch. 46, par. 28-5)
Sec. 28-5. Not less than 68 days before a regularly scheduled
election, each local election official shall certify the public questions
to be submitted to the voters of or within his political subdivision at
that election which have been initiated by petitions filed in his office or
by action of the governing board of his political subdivision.
Not less than 68 days before a regularly scheduled election, each circuit
court clerk shall certify the public questions to be submitted to the
voters of a political subdivision at that election which have been ordered
to be so submitted by the circuit court pursuant to law. Not less than 30
days before the date set by the circuit court for the conduct of an
emergency referendum pursuant to Section 2A-1.4, the circuit court clerk
shall certify the public question as herein required.
Local election officials and circuit court clerks shall make their
certifications, as required by this Section, to each election authority
having jurisdiction over any of the territory of the respective political
subdivision in which the public question is to be submitted to referendum.
Not less than 68 days before the next regular election, the county clerk
shall certify the public questions to be submitted to the voters of the
entire county at that election, which have been initiated by petitions filed
in his office or by action of the county board, to the board of election
commissioners, if any, in his county.
Not less than 74 days before the general election,
the State Board of Elections shall certify any questions proposing an
amendment to Article IV of the Constitution pursuant to Section 3, Article
XIV of the Constitution and any advisory public questions to be submitted
to the voters of the entire State, which have been initiated by petitions
received or filed at its office, to the respective county clerks. Not
less than 62 days before the general election, the
county clerk shall certify such questions to the board of election
commissioners, if any, in his county.
The certifications shall include the form of the public question to be
placed on the ballot, the date on which the public question was initiated
by either the filing of a petition or the adoption of a resolution or ordinance
by a governing body, as the case may be, and a certified copy of any court
order or political subdivision resolution or ordinance requiring the submission
of the public question. Certifications of propositions for annexation to,
disconnection from, or formation of political subdivisions or for other
purposes shall include a description of the territory in which the proposition
is required to be submitted, whenever such territory is not coterminous
with an existing political subdivision.
The certification of a public question described in subsection (b) of
Section 28-6 shall include the precincts included in the territory
concerning which the public question is to be submitted, as well as a
common description of such territory, in plain and nonlegal
language, and specify the election at which the question is to be submitted.
The description of the territory shall be prepared by the local election
official as set forth in the resolution or ordinance initiating the public
question.
Whenever a local election official, an election authority, or the State Board
of Elections is in receipt of an initiating petition, or a certification
for the submission of a public question at an election at which the public
question may not be placed on the ballot or submitted because of the
limitations of Section 28-1, such officer or board shall give notice of
such prohibition, by registered mail, as follows:
If the petition, resolution or ordinance initiating such prohibited public
question did not specify a particular election for its submission, the officer
or board responsible for certifying the question to the election authorities
shall certify or recertify the question, in the manner required herein, for
submission on the ballot at the next regular election no more than one year, or 15 months in the case of a back door referendum as defined in subsection (f) of Section 28-2,
subsequent to the filing of the initiating petition or the adoption of the
initiating resolution or ordinance and at which the public question may
be submitted, and the appropriate election authorities
shall submit the question at such election, unless the public question is
ordered submitted as an emergency referendum pursuant to Section 2A-1.4
or is withdrawn as may be provided by law.

(Source: P.A. 97-81, eff. 7-5-11.)
 
(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.)
 
(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.)
 
(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 cease 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 cease to be a home rule unit shall be submitted in substantially the following form:
Shall (name of the unit of local government) cease to be a home rule unit?
Votes must be recorded as "yes" or "no".
(Source: P.A. 98-115, eff. 7-29-13.)
 
(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.)
 
(10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
Sec. 28-9.
Petitions for proposed amendments to Article IV of the
Constitution pursuant to Section 3, Article XIV of the Constitution shall be
signed by a number of electors equal in number to at least 8% of the total
votes cast for candidates for Governor in the preceding gubernatorial election.
Such petition shall have been signed by the petitioning electors not more than
24 months preceding the general election at which the proposed amendment is to
be submitted and shall be filed with the Secretary of State at least 6 months
before that general election.
Upon receipt of a petition for a proposed Constitutional amendment, the
Secretary of State shall, as soon as is practicable, but no later than the
close of the next business day, deliver such petition to the State Board of
Elections.
Petitions for advisory questions of public policy to be submitted to the
voters of the entire State shall be signed by a number of voters
equal in number to 8% of the total votes cast for candidates for Governor in
the preceding gubernatorial election. Such petition shall have been signed by
said petitioners not more than 24 months preceding the date of the general
election at which the question is to be submitted and shall be filed with the
State Board of Elections at least 6 months before that general election.
The proponents of the proposed statewide advisory
public question shall file the original petition in bound
sections. Each section shall be composed of consecutively numbered petition
sheets containing only the signatures of registered voters.
Any petition sheets not consecutively numbered or which contain duplicate
page numbers already used on other sheets, or are photocopies or duplicates
of the original sheets, shall not be considered part of the petition for
the purpose of the random sampling verification and shall not be counted
toward the minimum number of signatures required to qualify the proposed
statewide advisory public question for the ballot.
Within 7 business days following the last day for filing the original
petition, the proponents shall also file copies of the petition sheets with each proper election authority
and obtain a receipt therefor.
For purposes of this Act, the following terms shall be defined and construed
as follows:
1. "Board" means the State Board of Elections.
2. "Election Authority" means a county clerk or city or county board of
election commissioners.
3. (Blank).
4. "Proponents" means any person, association, committee, organization
or other group, or their designated representatives, who advocate and cause
the circulation and filing of petitions for a statewide advisory question
of public policy or a proposed constitutional amendment for submission at
a general election and who has registered with the Board as provided in
this Act.
5. "Opponents" means any person, association, committee, organization
or other group, or their designated representatives, who oppose a statewide
advisory question of public policy or a proposed constitutional amendment
for submission at a general election and who have registered with the Board
as provided in this Act.

(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15.)
 
(10 ILCS 5/28-10) (from Ch. 46, par. 28-10)
Sec. 28-10. (Repealed).


(Source: P.A. 97-81, eff. 7-5-11. Repealed by P.A. 98-1171, eff. 6-1-15.)
 
(10 ILCS 5/28-11) (from Ch. 46, par. 28-11)
Sec. 28-11.
The Board shall design a standard and scientific random
sampling method for the verification of petition signatures for statewide advisory referenda and shall conduct
a public test to prove the validity of its sampling method. Notice of the
time and place for such test shall be given at least 10 days before the date
on which such test is to be conducted and in the manner prescribed for notice
of regular Board meetings. Signatures on petitions for constitutional amendments initiated pursuant to Article XIV, Section 3 of the Illinois Constitution need not be segregated by election jurisdiction. The Board shall design an alternative signature verification method for referenda initiated pursuant to Article XIV, Section 3 of the Illinois Constitution.
Within 14 business days following the last day for the filing
of the original petition
as prescribed in Section 28-9, the Board shall apply its proven random sampling
method to the petition sheets in each election jurisdiction section for
the purpose of selecting and identifying the petition signatures to be included
in the sample signature verification for the respective jurisdictions and
shall prepare and transmit to each proper election authority a list by page
and line number of the signatures from its election jurisdiction selected
for verification.
For each election jurisdiction, the sample verification shall include an
examination of either (a) 10% of the signatures if 5,010 or more signatures
are involved; or (b) 500 signatures if more than 500 but less than 5,010
signatures are involved; or (c) all signatures if 500 or less signatures are involved.
Each election authority with whom jurisdictional copies of petition sheets
were filed shall use the proven random sampling method designed and furnished
by the Board for the verification of signatures shown on the list supplied
by the Board and in accordance with the following criteria for determination
of petition signature validity:
Within 14 business days following receipt from the Board of the
list of signatures
for verification, each election authority shall transmit a properly dated
certificate to the Board which shall indicate; (a) the page and line number
of petition signatures examined, (b) the validity or invalidity of such signatures,
and (c) the reasons for invalidity, based on the criteria heretofore prescribed.
The Board shall prepare and adopt a standard form of certificate for use
by the election authorities which shall be transmitted with the list of
signatures for verification.
Upon written request of the election authority that, due to the volume
of signatures in the sample for its jurisdiction, additional time is needed
to properly perform the signature verification, the Board may grant the
election authority additional days to complete the verification and transmit
the certificate of results. These certificates of random sample verification
results shall be available for public inspection within 24 hours after receipt
by the State Board of Elections.

(Source: P.A. 97-81, eff. 7-5-11.)
 
(10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
Sec. 28-12.
Upon receipt of the certificates of the election authorities
showing the results of the sample signature verification, the Board shall:
If such statewide projection establishes a total number of valid petition
signatures not greater than 95.0% of the minimum number of signatures required
to qualify the proposed statewide advisory
public question for the ballot, the petition shall be presumed invalid;
provided that, prior to the last day for ballot certification for the general
election, the Board shall conduct a hearing for the purpose of allowing
the proponents to present competent evidence or an additional sample to
rebut the presumption of
invalidity. At the conclusion of such hearing, and after the resolution of any specific objection filed pursuant to Section 10-8 of this Code, the Board shall issue a
final order declaring the petition to be valid or invalid and shall, in
accordance with its order, certify or not certify the proposition for the ballot.
If such statewide projection establishes a total number of valid petition
signatures greater than 95.0% of the minimum number of signatures required
to qualify the proposed Constitutional amendment or statewide advisory
public question for the ballot, the results of the sample shall be considered
inconclusive and, if no specific objections to the petition are filed pursuant
to Section 10-8 of this Code, the Board shall issue a final order declaring
the petition to be valid and shall certify the proposition for the ballot.
In either event, the Board shall append to its final order the detailed
results of the sample from each election jurisdiction which shall include:
(a) specific page and line numbers of signatures actually verified or determined
to be invalid by the respective election authorities, and (b) the calculations
and projections performed by the Board for each election jurisdiction.

(Source: P.A. 97-81, eff. 7-5-11.)
 
(10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
Sec. 28-13.
Each political party and civic organization as well as the
registered proponents and opponents of a proposed
statewide advisory public question shall be entitled to one watcher in
the office of the election authority to observe the conduct of the sample
signature verification. However, in those election jurisdictions where
a 10% sample is required, the proponents and opponents may appoint no more than
5 assistant watchers in addition to the 1 principal watcher permitted herein.
Within 7 days following the last day for filing of the original petition,
the proponents and opponents shall certify in writing to the Board that they
publicly support or oppose the proposed statewide
advisory public question. The proponents and opponents of such questions shall
register the name and address of its group and the name and address of its chair
and designated agent for acceptance of service of notices with
the Board. Thereupon, the Board shall prepare a list of the registered
proponents and opponents and shall adopt a standard proponents' and opponents' watcher
credential form. A copy of such list and sufficient copies of such credentials
shall be transmitted with the list for the sample signature verification
to the appropriate election authorities. Those election authorities shall
issue credentials to the permissible number of watchers for each proponent and opponent
group; provided, however, that a prospective watcher shall first present
to the election authority a letter of authorization signed by the chair
of the proponent or opponent group he or she represents.
Political party and qualified civic organization watcher credentials shall
be substantially in the form and shall be authorized in the manner prescribed
in Section 7-34 of this Code.
The rights and limitations of pollwatchers as prescribed by Section 7-34
of this Code, insofar as they may be made applicable, shall be applicable
to watchers at the conduct of the sample signature verification.
The principal watcher for the proponents and opponents may make signed written
objections to the Board relating to procedures observed during the conduct
of the sample signature verification which could materially affect the results
of the sample. Such written objections shall be presented to the election
authority and a copy mailed to the Board and shall be attached to the certificate
of sample results transmitted by the election authority to the Board.

(Source: P.A. 100-1027, eff. 1-1-19.)

Structure Illinois Compiled Statutes