Laws governing local ballot measures in Illinois
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| A guide to local ballot initiatives | |
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One Illinois city—Arlington Heights—provides for binding local initiative and referendum for local ballot measures.
This article sets out the laws governing local ballot measures in Illinois. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
- An overview of laws governing local recall elections.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 102 counties, 2,720 cities, towns, and villages, and 3,218 special districts.[1]
School districts
Illinois mandates school districts to hold elections for issuing bonding for new construction and capital improvements, exceeding the property tax cap, or to create a working cash fund. Since 2006, Illinois has had referendums over the property tax cap which is governed under the Illinois Property Tax Cap Act of 2006 which requires voter approval if a school district wants to exceed their property tax cap for up to four years. The other type of referendum is a Chapter 20 referendum. Under Chapter 20, a school district must have voter approval if the voters petition a school district to create a working cash fund to pay liabilities. Only school districts that serve a city, town, or village less than 500,000 in population can hold a Chapter 20 referendum.
Local recall rules
Recall of local elected officials in Illinois is available in at least one jurisdiction: Buffalo Grove, where Lisa Stone was recalled from her position as a member of the City Council on November 2, 2010.[2][3] The Stone recall is believed to be the first local recall in the history of Illinois.[4] It came about after city election laws were changed in 2010 in order to allow for a local recall election.[5][6]
- For additional detail, see: Laws governing recall in Illinois
Initiative process availability
Illinois law provides for an advisory (non-binding, no legal effect) initiative process on questions of public policy. A binding referendum is required on limited matters, such as tax levies and bonds (Chap 10 Election Code, Art. 28). Residents of home-rule counties and cities may change their form of government or revert to general law governance by initiative. While mostly formal, this process can have some effects on policy. For example, under the general law, city governments face greater restrictions on raising taxes. Thus, switching from home-rule to general law can help limit tax increases.[7][8]
Arlington Heights case study
One city in Illinois, Arlington Heights, has provisions within the city's ordinances providing for a binding ballot initiative petition process. The case study below details
- how and when the city added those provisions to its city code,
- how the process was designed to work,
- the constitutional and statutory provisions cited when adding the provisions to the city code, and
- the exact legal language used.
The following is a case study of the initiative ordinance that exists in the city code of Arlington Heights, Illinois. It was prepared by Ballotpedia staff on May 26, 2021. If you have any questions or information regarding the report below, email editor@ballotpedia.org.
About Arlington Heights
Arlington Heights has a population of approximately 75,482. It is a suburb of Chicago. It spans Cook and Lake counties. It was incorporated in 1887.
How did Arlington Heights get its initiative process?
On January 5, 1981, the Arlington Heights Village Board approved an ordinance setting out a local initiative process.
On January 19, 1981, the board then voted 7-1 to approve a resolution submitting the ordinance in the form approved on January 5, 1981, to voters in a referendum at the election on April 7, 1981. The referendum asked voters if they wanted the President and Board of Trustees of the Village of Arlington to adopt the ordinance to provide for the initiation of ordinances by registered voters.
On April 7, 1981, a majority of voters approved the public question.
On April 20, 1981, the board then approved the ordinance unanimously.
How does the Arlington Heights initiative process work?
The 1981 Arlington Heights ordinance provides a process to put a proposed ordinance before the village board upon the submission of a petition signed by 1% of registered voters. If any petitioner is dissatisfied with the outcome of the village board’s consideration of the proposal, they can invoke a process to petition for the proposal to be placed on the ballot.
A petition signed by 12% of registered voters can require the village board to consider the proposal again. If the village board does not pass the substance of the proposal within 90 days, it must go on the ballot for the next regularly scheduled general election unless the village board rejects it on the advice of the village attorney in a statement that the proposal violates the state constitution, state statutes, or the ordinances of any jurisdiction that preempts the village.
The ordinance also states that, if voters approve an initiative, the village board is allowed to repeal it.
What specific constitutional provision and state statute was cited?
The resolution by the Arlington Heights Village Board sending the measure to the ballot cited Article VII of the Illinois Constitution. Below are some of the relevant excerpts of Article VII, sections 6 and 11, of the constitution:
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6(f) A home rule unit shall have the power subject to approval by referendum to adopt, alter or repeal a form of government provided by law
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The resolution also cited Section 28-4 of Chapter 46 of Illinois Revised Statutes as they existed in 1981 regarding authority for the village board to submit a referendum question to voters. State statutes have been revised since that date.
According to Former Governor Pat Quinn, the initiative process established by the 1981 ordinance in Arlington Heights has never been used.
What does the language look like?
The ballot question that appeared on the ballot in Arlington in 1981 was as follows:
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Shall the President and Board of Trustees of the village of Arlington Heights adopt an ordinance amending Section 2-204 of the Municipal Code of Arlington Heights to provide for the initiation of ordinances by registered voters in the form approved January 5, 1981?[9] |
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The full text of the resolution by the Arlington Heights Village Council putting the ballot question on the April 1981 ballot is available by clicking here.
The full text of the ordinance passed by the village council, put on the ballot and approved by voters, and then enacted by the village council to create the initiative process in Arlington Heights is available by clicking here.
| Local I&R Laws in the 50 States |
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| Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
See also
- Laws governing ballot measures
- Laws governing local ballot measures
- Local ballot measures, Illinois
- Counties in Illinois
External links
- Ballotpedia Research Document, Local Initiative in Illinois
- Illinois Municipal League
- Illinois Municipal League, "Home Rule Municipalities"
- Illinois State Statutes
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ Buffalo Grove Patch, "The Verdict's In — Stone is Out," November 3, 2010
- ↑ BuffaloGrove-Countryside, "Buffalo Grove trustees praise recall proposal," September 21, 2009
- ↑ Daily Herald, "Buffalo Grove recall vote to make history," October 31, 2010
- ↑ Chicago Now, "Buffalo Grove Recall Ordinance violates US Constitution, IL Constitution, IL Election Code," September 29, 2009
- ↑ Daily Herald, "Buffalo Grove puts Stone vote to public," August 10, 2010
- ↑ Illinois General Assembly, "Constitution of the State of Illinois, Article VII, Section 6," accessed October 19, 2012
- ↑ Mount Vernon Register-News, "Chamber supports keeping Home Rule," October 19, 2012 (Archived)
- ↑ 9.0 9.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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