Laws governing the initiative process in Illinois

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Citizens of Illinois may only initiate constitutional amendments. Citizens may not initiate state statutes or veto referendums. The Illinois General Assembly may place legislatively referred constitutional amendments on the ballot with a three-fifths majority vote of each chamber.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

Illinois does not have a single-subject rule.

See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28

Subject restrictions

See also: Subject restrictions (ballot measures)

Initiated measures in Illinois may only amend Article IV of the Illinois Constitution. In addition, they may only address "structural and procedural subjects contained in Article IV." In Coalition for Political Honesty v. State Board of Elections (1976), the Illinois Supreme Court clarified this provision:

As commonly understood, the word "and" would thus limit initiatives to amendments whose subjects would be both structural and procedural, such as a proposal for the conversion from a bicameral to a unicameral legislature or for the conversion from multiple- to single-member legislative districts. Giving effect to the language of section 3 would produce no absurdity or unreasonable result. This court is without authority to substitute "or" for the "and" the constitutional convention used in stating "structural and procedural" unless a contrary intention is clearly manifested. We judge a contrary intention is not clearly manifested.

Multiple subsequent decisions have relied on the interpretation in Coalition to block proposed amendments—Lousin v. State Board of Elections (1982) and Chicago Bar Association v. Illinois State Board of Elections (1994).

In 2016, an initiated constitutional amendment designed to establish an independent redistricting commission was struck from the ballot after proponents had submitted enough signatures to qualify it to go before voters. The initiative altered the duties and powers of the attorney general—as well as other officials—and prescribed a new way for challenging redistricting maps. The Illinois Supreme Court ruled that, while these issues are contained in Article IV of the state constitution, they did not constitute "structural and procedural subjects" and that, therefore, the initiative did not comply with the state's subject restriction.

See law: Illinois Constitution, Article XIV, Section 3 ; Coalition for Political Honesty v. State Board of Elections (1976) ; Lousin v. State Board of Elections (1982) and Chicago Bar Association v. Illinois State Board of Elections (1994)

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Illinois ballot measures

Illinois law does not address the approval of conflicting measures.

See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Applying to petition

See also: Approved for circulation

In Illinois, neither initiative applications nor draft petitions are required prior to circulation.

See law: Illinois Compiled Statutes, 5 ILCS 20/2

Proposal review/approval

See also: Approved for circulation

No process exists for evaluating petition forms or amendment language prior to circulation. Petitions must contain the text of the amendment and the date of the general election.

See law: Illinois Constitution, Article XIV, Section 3

Petition summary

See also: Starting a petition

No process exists for evaluating petition language prior to circulation. Petitions must contain the text of the amendment and the date of the general election.

See law: Illinois Constitution, Article XIV, Section 3

Fiscal review

See also: Fiscal impact statements

Illinois does not employ a fiscal review process.

See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Illinois signature requirements

In Illinois, the signature requirement for initiated constitutional amendments is 8 percent of the total votes cast for governor in the preceding gubernatorial election.

The chart below shows election years and the signature requirement for initiatives intended to appear on the ballot in that year, with gubernatorial election years bolded.

Year	Amendment
2024	328,371
2022	363,813
2020	363,813
2018	290,216
2016	290,216
2014	298,399
2012	298,399
2010	278,934
2008	278,934

See law: Illinois Constitution, Article XIV, Section 3

Distribution requirements

See also: Distribution requirements

Illinois does not have a distribution requirement for petition signatures.

See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28

Restrictions on circulators

Circulator requirements

See also: Petition circulator

No Illinois law prohibiting the circulator from signing the petition was found. Each initiative petition contains a mandatory circulator affidavit. A circulator is required to sign these affidavits before a public notary and he/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition. A person must be 18 years of age and a citizen of the U.S. to be qualified to circulate signatures in Illinois. There is no state residence or voter registration eligibility requirement. Once collection is complete, signatures are submitted to the state board of elections.

See law: Illinois Compiled Statutes Sec. 28-3

Pay-per-signature

See also: Pay-per-signature

Illinois does not ban paying circulators by the signature.

See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28

Out-of-state circulators

See also: Residency requirements for petition circulators

Illinois does not require signature gatherers to be residents of the state.

See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28

Badge requirements

See also: Badge requirements

Illinois law does not require a circulator's paid/volunteer status to be disclosed.

See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Illinois does mandate that signatures be collected "in the presence of the petition circulator."

See law: Illinois Compiled Statutes, 10 ILCS 5/28-3

Deadlines for collection

See also: Petition drive deadlines; Initiative petition circulation periods

In Illinois, no signatures may be collected earlier than 24 months prior to the general election. Signatures must be filed with the secretary of state no later than six months prior to the general election, leaving 18 months for circulation.

See law: Illinois Compiled Statutes, 10 ILCS 5/28-9

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

Signatures are filed with the secretary of state. The secretary then forwards the signed petition forms to the State Board of Elections. The Board verifies the signature via a random sample method.

See law: Illinois Compiled Statutes, 10 ILCS 5/28-11

Ballot title and summary

See also: Ballot title

Prior to filing their signed petitions, proponents must prepare an explanation of and an argument for their amendment. They must also prepare the form of the amendment as it will appear on the ballot. State legislators opposed to the amendment are charged with writing an opposing argument. Once prepared, the ballot language is filed with the Illinois attorney general. The attorney general is free to rewrite the language for "accuracy and fairness." Once reviewed, the language is submitted to the secretary of state with the signature filing.

See law: Illinois Compiled Statutes, 5 ILCS 20/2

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

In Illinois, all amendments must be approved by either (1) a majority of those voting in the election or (2) 3/5 of those voting on the amendment itself.

See law: Illinois Constitution, Article XIV, Section 3

Effective date

Unless otherwise specified by the amendment itself, each amendment will take effect upon the declaration of results by the State Board of Elections.

See law: Illinois Compiled Statutes, 5 ILCS 20/7 and 5 ILCS 20/7.1

Litigation

See also: Ballot measure lawsuit news

After the filing deadline has passed, opponents have 35 days to submit objections to the State Election Board. The Board may call witness, issue subpoenas and rule on the objection. If the objection is denied, the objector may, within five days, appeal the decision to the Illinois Seventh Judicial Circuit Court.

See law: Illinois Compiled Statutes, 10 ILCS 5/10-8 to 10 ILCS 5/10-10.1

Legislative alteration

See also: Legislative alteration

The Illinois General Assembly may only repeal an initiated amendment by placing a repeal measure on the ballot, following the ordinary process for legislatively referred constitutional amendments. Each chamber of the General Assembly must pass the amendment by a 3/5 majority. Voters must approve the measure by either (1) a majority of those voting in the election or (2) 3/5 of those voting on the amendment itself.

See law: Illinois Constitution, Article XIV, Section 3

Re-attempting an initiative

Illinois does not limit how soon an initiative can be re-attempted.

See law: Illinois Constitution, Article XIV, Section 3 and Illinois Compiled Statutes, 5 ILCS 20; 10 ILCS 5/10 and 10 ILCS 5/28

Funding an initiative campaign

See also: Campaign finance requirements for Illinois ballot measures

Campaign finance requirements for Illinois ballot measures are promulgated by the Illinois State Board of Elections. The Board of Elections is the agency that is responsible for enforcing all campaign finance laws in the State of Illinois. The Board has a disclosure database that lists all campaign finance reports from groups in support or opposition of a ballot measure.

State initiative law

Article XIV of the Illinois Constitution addresses initiatives.

• Article XIV, Illinois Constitution

The "Illinois Constitutional Amendment Act" (Illinois Compiled Statutes, 5 ILCS 20) primarily governs initiatives.

• Illinois Compiled Statutes, 5 ILCS 20

External links

• Illinois State Board of Elections, Homepage
• Illinois Constitution, Article 14. Constitutional Revision, Pg. 103 (annotated)

Changes in the law

The following laws have been proposed that modify ballot measure law in Illinois. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.

Proposed changes by year

2021

See also: Changes in 2021 to laws governing ballot measures

2020

See also: Changes in 2020 to laws governing ballot measures

2019

See also: Changes in 2019 to laws governing ballot measures

2018

See also: Changes in 2018 to laws governing ballot measures

2017

See also: Changes in 2017 to laws governing ballot measures

See also: Laws governing ballot measures in Illinois Illinois House Joint Resolution 26 was designed to do the following: establish a process for "the recall of all Executive Branch officers and members of the General Assembly" instead of only the governor; reduce the signature requirements for a recall petition—including against the governor—from 15 percent to 10 percent of the votes cast for gubernatorial candidates and the immediately preceding gubernatorial election; and change rules for petitioner affidavits for recall petitions. Illinois House Bill 347 was designed to create a process by which "electors may petition for a referendum at the next general election to dissolve a unit of local government." Illinois House Bill 4041 was designed to establish a process for the recall of the Chicago mayor, Chicago aldermen, and the Cook County State's attorney. Illinois House Bill 204 was designed to establish a process for the recall of the mayor of Chicago. Illinois House Bill 4043 was designed to establish "that any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a unit of local government the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at a general election." Illinois House Bill 1330 was designed to establish requirements for the disclosure of donor information in campaign advertisements, including those for ballot measure campaigns. Other bills related to elections and ballot measure law were introduced in the 2017 Illinois legislative session, but they were either non-substantive or not relevant to Ballotpedia's coverage of ballot measure law. If you know of a bill that should be listed here, please email editor@ballotpedia.org.

2016

See also: Changes in 2016 to laws governing ballot measures

See also: Laws governing ballot measures in Illinois d Illinois House Joint Resolution Constitutional Amendment 4: Was designed to put before voters an amendment that would remove the state's restriction on initiated constitutional amendments allowing them to only affect "structural and procedural subjects" contained in Article IV of the Illinois Constitution. In other words, it would change the initiative power in Illinois from a very narrowly restricted, largely unused process to a process that could actually affect many areas of state law. HJRCA 4 would also decrease the signature requirement to qualify initiatives for the ballot from eight percent to five percent of the total votes cast for Governor in the last gubernatorial election. The bill would require any initiated constitutional amendment to be approved by three-fifths of those voting on the amendment. d House Bill 174: "Provides the Local Government Dissolution Act. Provides that electors may petition for a referendum at the next general election to dissolve a non-home rule unit of local government. Sets forth the requirements for the petition, together with the form and requirements for the ballot referendum. Provides for the transfer of all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities of the dissolving unit of local government to the receiving unit of local government. Amends the Election Code to provide exceptions for the Local Government Dissolution Act." d Illinois House Joint Resolution 54: Was designed to propose a legislatively referred constitutional amendment to establish the power of recall for all Illinois state executive offices and all members of the state legislature, rather than just applying to the governor. It was also designed to remove a provision requiring a certain number of signatures from members of the legislature to successfully launch a recall petition campaign. d Illinois House Joint Resolution 55: Was designed to propose a legislatively referred constitutional amendment to replace the state's provisions for recall of the governor with provisions that allow the recall of all Illinois state executive offices, all members of the state legislature and local government officials. d Illinois House Joint Resolution 56: Was designed to propose a legislatively referred constitutional amendment to establish the power of recall for all Illinois state executive offices and all members of the state legislature, rather than just applying to the governor. It was also designed to remove a provision requiring a certain number of signatures from members of the legislature to successfully launch a recall petition campaign. d Illinois House Joint Resolution 23: Was designed to propose a legislatively referred constitutional amendment to establish the power of recall for all Illinois state executive offices and all members of the state legislature, rather than just applying to the governor. It was also designed to remove a provision requiring a certain number of signatures from members of the legislature to successfully launch a recall petition campaign. d Illinois Senate Joint Resolution 22: Was designed to propose a legislatively referred constitutional amendment to establish the power of recall for all Illinois state executive offices and all members of the state legislature, rather than just applying to the governor. It was also designed to remove a provision requiring a certain number of signatures from members of the legislature to successfully launch a recall petition campaign. d Illinois Senate Bill 2254: Local official recall. d Illinois House Bill 5993: Allows for the recall of a mayor or village president. d Illinois House Joint Resolution 44: "Provides for the recall of all State Executive Branch officers and members of the General Assembly. Changes the signature requirements for affidavits and petitions for recall of the Governor and expands them to include all State Executive Branch officers and members of the General Assembly. Proposes to amend the Local Government Article of the Illinois Constitution. Provides for the recall of all elected officials of any school district, community college, or unit of local government."

2015

See also: Changes in 2015 to laws governing ballot measures

See also: Laws governing ballot measures in Illinois a House Bill 220: "Amends the Fire Protection District Act. Provides that a board of trustees of a fire protection district may submit a question to increase the current special tax rate for the purpose of providing funds to pay the costs of emergency and rescue crews and equipment to the voters of the fire protection district by referendum. Provides the special tax rate may be raised to a maximum of .10%. Provides the language to be used in the referendum. Effective immediately." House Joint Resolution Constitutional Amendment 4: Would put before voters an amendment that would remove the state's restriction on initiated constitutional amendments allowing them to only affect "structural and procedural subjects" contained in Article IV of the Illinois Constitution. In other words, it would change the initiative power in Illinois from a very narrowly restricted, largely unused process to a process that could actually affect many areas of state law. HJRCA 4 would also decrease the signature requirement to qualify initiatives for the ballot from eight percent to five percent of the total votes cast for Governor in the last gubernatorial election. The bill would require any initiated constitutional amendment to be approved by three-fifths of those voting on the amendment. House Bill 174: "Provides the Local Government Dissolution Act. Provides that electors may petition for a referendum at the next general election to dissolve a non-home rule unit of local government. Sets forth the requirements for the petition, together with the form and requirements for the ballot referendum. Provides for the transfer of all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities of the dissolving unit of local government to the receiving unit of local government. Amends the Election Code to provide exceptions for the Local Government Dissolution Act."

2014

See also: Changes in 2014 to laws governing ballot measures

The following bills were introduced in the Illinois State Legislature: d HJRCA 12: Provides for the recall of all state executive branch officers and members of the general assembly. Changes the signature requirements for affidavits and petitions for recall of the governor.

2013

See also: Changes in 2013 to laws governing ballot measures

The following bills were introduced in the Illinois State Legislature: HJRCA 12: Provides for the recall of all state executive branch officers and members of the general assembly. Changes the signature requirements for affidavits and petitions for recall of the governor.

2012

See also: Changes in 2012 to laws governing ballot measures

The following bills were introduced in the Illinois State Legislature: d HB 5207: Provides that, if a statewide projection of valid signatures on a petition for a statewide advisory public question establishes a total number of valid petition signatures greater than 95.0% of the minimum number of signatures required to qualify the proposed statewide advisory public question (now, to qualify the proposed Constitutional amendment or statewide advisory public question) for the ballot, the results of the sample shall be considered inconclusive and the State Board of Elections shall issue a final order declaring the petition to be valid. d HB 4648: Provides for local recall elections.

2011

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the Illinois General Assembly: Illinois House Bill 1854: Excerpt of bill description/summary: "In provisions concerning petitions for constitutional amendments and statewide advisory public questions, provides that on 15th business day (now, the 10th business day) following the last day for petition filing, the State Board of Elections shall conduct a hearing at which the proponents may present arguments and evidence as to the conformity of any purported nonconforming petition signatures. In provisions concerning petition signature verification, requires that within 20 business days (now, 14 business days) following the last day for filing a petition, the State Board of Elections shall prepare and transit to each proper election authority a list of the signatures from its election jurisdiction selected for verification." Illinois House Bill 3438: Excerpt of bill description/summary: "Authorizes citizens to petition the General Assembly to pass one or more bills initiated by citizens that concern ethical standards of conduct or campaign finance reform. Provides that, if the bills do not become law, a question advising adoption and approval of the bills must be placed on the next general election ballot. Specifies procedures for the drafting of bills and the filing of petitions." Illinois House Bill 97: HB 97 would allow for the recall of local elected officials in Illinois. Citizens in Charge Foundation rating: Protects/expands initiative rights. House Joint Resolution Const. Amendment 21: Excerpt of bill description/summary: "Provides for elections to recall State executive branch officers except for the Governor, members of the General Assembly, and elected salaried officers of units of local government." House Joint Resolution Const. Amendment 27: Excerpt of bill description/summary: "Provides for elections to recall State executive branch officers and members of the General Assembly." House Joint Resolution Const. Amendment 28: Excerpt of bill description/summary: " Provides for elections to recall State executive branch officers and members of the General Assembly. Changes the signature requirements for affidavits and petitions for recall of the Governor."

2010

See also: Changes in 2010 to laws governing ballot measures

The following bills were introduced in the Illinois General Assembly: d HJRCA 1: A constitutional amendment that would grant the citizens of Illinois the right to recall all members of the executive branch of Illinois Government and the Illinois General Assembly. The amendment died in committee without a floor vote in either house of the General Assembly. d HJRCA 10: A constitutional amendment that would be contingent upon granting recall rights would require successive elections to replace recalled officials. The amendment died in committee without a floor vote in either house of the General Assembly. d HJRCA 20: A constitutional amendment that would guarantee that the recall provisions if approved in Illinois would be upheld by a court in the event of a legal challenge. The amendment died in committee without a floor vote in either house of the General Assembly. d HJRCA 33: A constitutional amendment that would be contingent upon granting recall rights that would allow citizens to initiate recall petitions. The amendment died in committee without a floor vote in either house of the General Assembly. d HJRCA 41: A constitutional amendment that would be contingent upon granting recall rights that would grant specific powers to the Illinois State Board of Elections in setting elections and having authority to determine the legality of recall petitions. The amendment died in committee without a floor vote in either house of the General Assembly. d HJRCA 53: A constitutional amendment that would be contingent upon granting recall rights that would grant specific powers to the Illinois State Board of Elections in administering the recall process. The amendment died in committee without a floor vote in either house of the General Assembly. d SJRCA 9: A constitutional amendment that would allow judges to be recalled in addition to executive branch officials and members of the General Assembly. The amendment died in committee without a floor vote in either house of the General Assembly. d SJRCA 13: A Senate version of HJRCA 53 that would grant specific powers to the Illinois State Board of Elections in administering the recall process. The amendment died in committee without a floor vote in either house of the General Assembly. d SJRCA 15: A constitutional amendment that would expand the recall process to local elected officials making $21,000 or more in salary. The amendment died in committee without a floor vote in either house of the General Assembly. d SJRCA 17: A constitutional amendment that would guarantee the recall process if approved in Illinois would be upheld by a court in the event of a legal challenge. at would expand the recall process to local elected officials making $21,000 or more in salary. The amendment died in committee without a floor vote in either house of the General Assembly. d SJRCA 40: A constitutional amendment that would implement a full initiative and referendum process in the State of Illinois. The amendment died in committee without a floor vote in either house of the General Assembly.