Illinois Compiled Statutes
Information maintained by the Legislative
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
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
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.
10 ILCS 5/28-5
(10 ILCS 5/28-5)
(from Ch. 46, par. 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
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:
(a) in the case of a petition, to any person
designated on a certificate attached thereto as the proponent or as the proponents' attorney for purposes of notice of objections;
(b) in the case of a certificate from a local
election authority, to such local election authority, who shall thereupon give notice as provided in subparagraph (a), or notify the governing board which adopted the initiating resolution or ordinance;
(c) in the case of a certification from a circuit
court clerk of a court order, to such court, which shall thereupon give notice as provided in subparagraph (a) and shall modify its order in accordance with the provisions of this Act.
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.)