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VOTER INITIATIVES:

A USER'S GUIDE FOR PLACING IMPORTANT PUBLIC DECISIONS ON THE BALLOT

This brochure provides some guidance to voters who seek to place an initiative on the ballot by preparing, circulating, and filing a petition in accordance with the applicable laws of Illinois. For a detailed understanding of the law, please consult the Illinois Constitution of 1970, the Electoral Code, 10 ILCS 5/28-1 through 28-13 (1994), and any statute authorizing the referendum you wish to place on the ballot.

 

• Introduction
• Regular and General Elections
• Binding Initiatives
• Statewide Initiatives
• Local Initiatives
• The Electoral Code
• General Rules
• Timing of Initiatives
• Back Door Referenda and Initiatives Proposing the Creation of a Political Subdivision
• Format and Contents of Initiative Petitions
• Conclusions

 

INTRODUCTION

 

The United States and the State of Illinois operate under a system of representative democracy whereby elected legislators make public policy. Voters do not make all the daily decisions of government because we elect our representatives to represent our collective interests. Voters, however, may directly make important decisions of public policy by the ballot during an election. Issues upon which the voters decide are referred to generally as referenda.

 

Referenda, if passed, are either: * binding, having legal effect, or * merely advisory, representing the voters' opinion on an issue. Often some unit of government proposes a referendum and places it on the electoral ballot for the voters to make their collective decision. The voters themselves, however, may petition to place a referendum on the ballot. Such a voter-sponsored, petition-placed referendum is referred to as an initiative. Initiatives are an important part of representative democracy because they can represent the will of the voting public more accurately and directly than legislative decisions, especially on important issues where the self-interest of the governors might conflict with the best interest of the governed.

 

One type of initiative is a back-door referendum, which occurs when a statute authorizes some government action but provides that if voters file a petition challenging that action, the action is then subject to voter approval at the next election.

 

A front-door referendum, by contrast, occurs when a statute automatically requires voter approval of some government action.

 

Initiatives are not easy to place on the ballot because they are reserved for some of the most important matters of public policy upon which government must hear, if not obey, the will of the voters. Nonetheless, access to the ballot through initiative power is one of the most effective ways for citizens to make government accountable.

 

The Constitution, Electoral Code, and other laws of Illinois set forth strict standards and requirements for placing initiatives on the ballot. For example:

 

1) The Constitution provides for initiatives only in limited circumstances and on particular issues. ILL. CONST. art. VII, art. XIV, § 3.

2) Similarly, a unit of government or the voters can only place a binding referendum on the ballot if the Constitution or a specific statute so provides. 10 ILCS 5/28-1 (1994); and

3) Moreover, the Electoral Code's so-called "Rule of Three" limits the number of referenda per political subdivision (i.e., any unit of local government or school district in which elections are held, 10 ILCS 5/1-3(6) (1992)) to three per election. 10 ILCS 5/28-1 (1994).

 

REGULAR AND GENERAL ELECTIONS

"Regular Elections" are the general, general primary, nonpartisan, consolidated and consolidated primary elections regularly scheduled in Article 2A of the Electoral Code (10 ILCS 5/2A-1 et seq. (1992)).

 

"General Elections" are the elections held every two years at which voters elect members of the General Assembly. 10 ILCS 5/1-3(2,4)(1992).

 

BINDING INITIATIVES

 

Voters have a very narrow right to amend the Illinois Constitution by means of initiative. Citizens should note that Article XIV, section 1 of the Constitution provides that the General Assembly may propose amendments on its own initiative.

 

Such amendments are placed on the ballot at the November elections in even-numbered years and pass by either a three-fifths vote of those voting on the question or a majority of those voting at the election. ILL. CONST. art. XIV, § 1.

 

Article XIV, section 1 also provides that at least every twenty years a referendum to call a state constitutional convention to consider amendments shall be placed on a separate ballot at a general election. In 1988, the first such referendum failed definitively.

 

Citizens, therefore, would have to vote to convene a constitutional convention or persuade the General Assembly to propose a constitutional amendment to be able to amend the initiative power afforded to Illinoisans.

 

Section 3 of Article XIV of the Constitution provides that voters may only petition to place on the ballot an initiative which would alter the "structural and procedural" workings of the General Assembly as set forth in Article IV, the legislative article. ILL. CONST. art. XIV, § 3.

 

For voters to amend this article of the Illinois Constitution by initiative:

* A number of registered voters equal to at least 8% of the total number of votes cast for candidates for Governor in the last gubernatorial election must sign the petition.

* The petition must include the text of the proposed amendment to Article IV and the date of the general election for the initiative.

* The requisite number of voters must have signed the petition not more than 24 months before that general election.

* The proponents of the amendment must file the petition with the Secretary of State at least six months before that general election.

* The petition must be "valid and sufficient" as defined by the Electoral Code.

 

If all of these requirements are met, the proposed amendment will appear on the electoral ballot. If either 3/5 of those voting on the amendment or a majority of those voting in the election support the initiative, it shall pass and amend Article IV accordingly. ILL. CONST. art. XIV, § 3.

 

Section 28-9 of the Electoral Code governs both binding initiatives proposing amendments to Article IV of the Constitution under Article XIV, section 3 and statewide advisory initiatives. Section 28-9 simply reiterates the petition requirements set forth in Article XIV, section 3 (detailed above). Section 28-9, also requires that at least 10% of the registered voters in Illinois must sign a petition for a statewide advisory initiative not more than 24 months before the general election at which the initiative is to be submitted.

 

Proponents of the initiative must file the petition with the State Board of Elections at least 6 months before that general election. Both types of petitions (for a binding Article IV and for an advisory statewide initiative) must be filed in the original (not photocopies) in bound election jurisdiction sections. Each jurisdiction section must be made up of consecutively numbered petition sheets containing only the signatures of registered voters of a single election jurisdiction and, at the top of each sheet, the block-lettered typed or printed name of the election jurisdiction. If the name of the election jurisdiction is not so printed, the election jurisdiction of the person who circulated that sheet will be the election jurisdiction of those voters who signed that sheet. Finally, within 7 business days following the last day (of the 6th month before the general election) for filing the original petition, the drafters and circulators of the petition must also file (and obtain receipts for) copies of the sectioned election jurisdiction petition sheets with each proper election authority in the respective election jurisdictions. 10 ILCS 5/28-9 (1994).

 

STATEWIDE INITIATIVES

 

Very few, if any, voter-initiated amendments even meet the requirements to make it to the ballot, let alone pass. The Illinois Supreme Court has taken a very narrow view of what constitutes a "structural and procedural" alteration of the General Assembly. For example, the Court has held that proposed amendments all fail to qualify as proper amendments to the "structural and procedural subjects contained in Article IV." ILL. CONST. art. XIV, § 3.

* limiting the terms of state legislators,

* requiring a super-majority for tax increase legislation,

* creating an initiative process for new legislation, and

* regarding legislative salaries, financial interest disclosure, and ethics reforms. See, e.g.,Chicago Bar Association v. Illinois State Board of Elections, 161 Ill.2d 502, 641 N.E.2d 525, 204 Ill.Dec. 301 (1994); Chicago Bar Association v. State Board of Elections, 137 Ill.2d 394, 561 N.E.2d 50, 148 Ill.Dec. 744 (1990); Lousin v. State Board of Elections, 108 Ill.App.3d 496, 438 N.E.2d 1241, 63 Ill.Dec. 878 (1st Dist. 1982); Coalition for Political Honesty v. State Board of Elections, 65 Ill.2d 453, 359 N.E.2d 138, 3 Ill.Dec. 728 (1976).

 

In fact, the Court only once has found that an initiative properly framed an issue under Article XIV, section three. That initiative proposed an amendment to: reduce the size of the House of Representatives, and end the system of cumulative voting for electing representatives. Coalition for Political Honesty v. State Board of Elections, 83 Ill.2d 236, 415, N.E.2d 368, 47 Ill.Dec. 363 (1980). The initiative was placed on the ballot and passed. In Illinois, judicial interpretation of our Constitution has limited the voters' initiative power to amend the Constitution.

 

LOCAL INITIATIVES

 

The Illinois Constitution grants voters greater initiative power on the local (as opposed to the statewide) level. Article VII of the Constitution pertains to matters of local government. Section 11 of Article VII provides that:

 

a) proposals for actions which are authorized by this Article [VII] or by law and which require approval by referendum may be initiated and submitted to the electors by resolution of the governing board of a unit of local government or by petition of electors in the manner provided by law . . .

 

b) referenda required by Article VII shall be held at general elections except as otherwise provided by law. Questions submitted to referendum shall be adopted if approved by a majority of those voting on the question unless a different requirement is specified in Article VII.

Voters may use initiatives under Article VII to:

* change county boundaries (ILL. CONST. art. VII, § 2(b)),

* change county seats (ILL. CONST. art VII, § 2(c)),

* change the method of electing county board members (ILL. CONST. art. VII, § 3(b)),

* create or eliminate county offices (e.g., sheriff, clerk, treasurer) and change the manner of selecting and terms of office of county officers (ILL. CONST. art. VII, § 4(c)),

* create, consolidate, merge, divide or dissolve townships (ILL. CONST. art. VII, § 5),

* become home rule units (ILL. CONST. art. VII, § 6(a)),

* elect not to be a home rule unit (ILL. CONST. art. VII, § 6(b)), and

* in non-home rule counties and municipalities, adopt, alter or repeal forms of government; in non-home rule municipalities, provide for officers and their manner of selection and terms of office (ILL. CONST. art. VII, § 7).

 

Article XIV and Article VII of the Constitution do not provide all the detailed requirements as to how voters must prepare, circulate, and file an initiative petition. When the Constitution or an initiative-authorizing statute does not set forth such important information, voters must look to the general provisions of Article 28 of the Electoral Code. 10 ILCS 5/28-1 through 5/28-13 (1994).

 

THE ELECTORAL CODE (See 10 ILCS 5/28-1 ET SEQ. (1994))

 

Article 28 of the Electoral Code applies generally to all referenda. Local questions of public policy under section 28-6 and statewide questions of public policy under section 28-9 of the Electoral Code are only advisory referenda.

 

The Electoral Code alone, therefore, authorizes only advisory, not binding, initiatives. Nonetheless, a statute other than the Electoral Code may provide for a binding referendum. When a statute specifically authorizes an initiative, binding or advisory, the provisions of that statute supersede the Electoral Code 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.

 

For example, the Electoral Code does not apply to referenda under Article IX of the Liquor Control Act of 1934. Also, the requirements of section 28-7 of the Electoral Code control referenda under Article VII of the Constitution and supersede conflicting provisions in any statutes, except for the provisions of the County Executive Act, 55 ILCS 5/2-5001 et seq. (1994).

 

If a statute does not specify such requirements, then the requirements set forth in section 28-6(a) of the Electoral Code will apply to the initiative petition.

 

GENERAL RULES:

 

1) Section 28-1 holds that referenda may not be submitted to the voters of a political subdivision (e.g., a school district or a municipality) at a regularly scheduled election unless they are also voting for candidates for political office at that election. If the voters of one portion of a political subdivision are not voting for candidates but the voters of the other portion(s) are so voting, then all the voters of the subdivision may vote on the referendum.

 

2) Not more than three referenda regarding a political subdivision may appear on the ballot at the same election. Under this "Rule of Three," the early bird catches the worm: the first three validly initiated (by either government resolution or voter petition) referenda per political subdivision appear on the ballot.

 

The Rule of Three, however, does not apply to:

* back door referenda,

* referenda to determine whether a disconnection may take place where a city with the same boundaries as a township is proposing to annex territory from an adjacent township,

* referenda held under the Property Tax Extension Limitation Act, 35 ILCS 245/1-1 et seq. (1992), or

* referenda proposing amendments to Article IV of the Constitution under Article XIV, section 3 (explained above), but it does apply to statewide advisory referenda.

 

3) Except as expressly provided by law, only one referendum to change a municipality's form of government under Article VII of the Constitution may appear on the local ballot.

 

TIMING OF INITIATIVES:

* Generally, initiative proponents must file petitions with the appropriate election official(s) not less than 78 days before a regular election to be eligible for placement on the ballot at that election. If the initiative proposes the creation of a political subdivision (such as a school district), however, the proponents must file the petition not less than 108 days before the election. Petitions for referenda under section 18-120 of the Property Tax Code, 35 ILCS 200/18-120 (1992), must be filed not more than 10 nor less than 6 months before the election at which the voters will decide upon the referenda. 10 ILCS 5/28-2(a) (1994).

* A petition may specify a regular election for the vote upon the initiative, and it must specify the election if a statute authorizing the initiative requires such specification. 10 ILCS 5/28-2(d) (1994).

* No petition, however, may specify an election more than one year after the date on which it is filed. 10 ILCS 5/28-2(d) (1994).

* If a petition does not specify an election, the initiative shall appear on the ballot at the next regular election held not less than 78 days after the filing date (108 days if the initiative proposes the creation of a political subdivision). 10 ILCS 5/28-2(e) (1994).

* If a petition does specify an election, it is limited to that election and is invalid as to any other election, except for an emergency referendum under section 2A-1.4 of the Electoral Code. 10 ILCS 5/28-2(d) (1994); 10 ILCS 5/2A-1.4 (1994).

 

BACK DOOR REFERENDA AND INTIATIVES PROPOSING THE CREATION OF A POLITICAL SUBDIVISION

 

The filing deadlines both of a specific statute authorizing a back door referendum and of the Electoral Code apply to the petition. When a statute authorizes a back door referendum to approve or reject the action of a political subdivision, that subdivision must give notice to the voters of:

 

* the specific number of voters required to sign a back door referendum petition,

* the time within which the petition must be filed, and

* the date of the prospective back door referendum.

 

Furthermore, the secretary or the clerk of the political subdivision must provide a petition form to any individual upon request. 10 ILCS 5/28-2(f) (1994). Proponents of initiatives proposing the incorporation or formation of a political subdivision (except for initiatives under Articles 7A, 11A, 11B, or 11D of the School Code, 105 ILCS 5/1-1 et seq. (1992)) must attach to the petition an affidavit attesting that at least 108 and no more than 138 days before the election, they published notice of their intention to file the petition in a local newspaper or one of general circulation in the area (section 28-2 of the Electoral Code provides a sample form of such a notice). 10 ILCS 5/28-2(g) (1994).

 

FORMAT AND CONTENTS OF INITIATIVE PETITIONS:

(See 10 ILCS 5/28-3 (1994))

 

What must the petition contain?

 

* A petition must consist of sheets of paper of uniform size.

* Above the space for signature, each sheet must contain the same heading which:

- gives the information as to the question of public policy to be submitted, - specifies the political unit in which the initiative is to be submitted, and - specifies the election at which it will be submitted, where such specification is required by law.

Who may sign a petition and what information must they provide?

 

* Registered voters of the political unit must sign the petition in their proper persons only. Whenever an initiative-authorizing statute, including the Electoral Code, requires that some percentage of registered voters within a political unit sign a petition, the total number of registered voters is to be taken as of the date registration ended for the last election. 10 ILCS 5/3-1.3 (1992). This number can be obtained from the State Board of Elections or local election officials through a Freedom of Information Act request.

 

* Opposite each signature, the signer must write or print his or her residence address, including street address or rural route number, as well as municipality (standard abbreviations, however, may be used and the municipality, county, or state of the signers may be printed on the petition form where all of the signers reside in the same municipality, county, or state).

 

* Signatures which fail to meet the above requirements shall not count towards the validity or sufficiency of a petition.

 

What must a circulator of a petition do?

 

* At the bottom of each sheet there must be a statement - signed by the circulator, who must at all times be a registered voter of the political unit in which the initiative is to be submitted, and sworn to before an officer authorized to administer oaths in Illinois, - stating the address of the circulator, and - certifying that the signatures on the sheet were signed in the presence of the circulator and are genuine, and that to the best of the circulator's knowledge and belief the signers were at the time of signing registered voters of the political unit and their respective residences are stated correctly.

How and with whom should the petition be filed?

* Proponents of the initiative must file the petition with the local election official(s).

* Before filing, the original sheets (not photocopies) must be numbered consecutively and bound securely (not pasted end to end to form a continuous roll).

* Once filed, a petition cannot be withdrawn or altered.

* No signature may be revoked except by a written statement of revocation filed with the election official(s) with whom the petition is to be filed before the petition containing the signature is filed.

* Forgery of a signature constitutes criminal forgery.

* It is also advisable to place a cover sheet on the petition listing the name, address, and telephone number of a registered voter who is the principal proponent of the initiative to receive service of process if the petition is legally challenged.

 

How many signatures are required?

 

* Petitions for advisory initiatives require the signatures of 10% of the registered voters of a municipality, township, county, or school district in which the initiative will be appear on the ballot. 10 ILCS 5/28-6 (1991).

* Petitions proposing binding initiatives concerning local government under Article VII of the Constitution require the signatures of 10% of the registered voters in the governmental unit in question. If the initiative involves two or more units of local government, a valid petition is required from 10% of the registered voters of each such unit of local government. 10 ILCS 5/28-7 (1994).

 

For which election must a petition be filed?

* In an apparent discrepancy, section 28-7 of the Electoral Code speaks of submitting initiatives to the voters at a regular election, while Article VII, section 11(b) of the Constitution states that "[r]eferenda required by this Article [VII] shall be held at general elections, except as otherwise provided by law." 10 ILCS 5/28-7 (1994); ILL. CONST. art. VII, § 11(b).

* At any rate, section 28-7 also provides that a local government-Article VII referendum may not be held more than once in any 23 month period on the same proposition. 10 ILCS 5/28-7 (1994).

* Moreover, in a home rule municipality, a referendum to opt out of home rule status (under Article VII, section 6(b)) may be held only once within any 47 month period. 10 ILCS 5/28-7 (1994).

 

CONCLUSION:

 

Initiatives are an important tool of direct democracy that must be used properly, with a great attention to detail, especially in the petitioning process. For an interesting history of citizen initiative power and a comparison of Illinois' initiative power with that of other states, refer to Citizen Lawmakers, The Ballot Initiative Revolution by David D. Schmidt (Temple University Press 1989). This brochure has provided only a brief overview of the most general constitutional and electoral law applicable to initiatives. Most initiatives, however, are authorized by specific statutes, the provisions of which voters should study closely if they wish to place an initiative on the ballot. Interested voters with questions about initiatives are encouraged to contact:

* The State of Illinois State Board of Elections,

Permanent Office, 1020 South Spring Street, P.O. Box 4187, Springfield, Illinois 62708 (217) 782 - 414 (TDD) (217) 782 - 1518

Permanent Branch Office, James R. Thompson Center, 100 West Randolph, Suite 14-100, Chicago, Illinois 60601,(312) 814 - 6440 (TDD) (312) 814 - 6431

* their local election official(s), or

* The Citizen Advocacy Center.

 

 

The Citizen Advocacy Center, a nonpartisan, 501(c)(3), non-profit organization, is dedicated to building democracy for the 21st Century by strengthening the public's capacities, resources, and institutions for self-government. If you are interested in more information, becoming a volunteer, or making a tax-deductible contribution to the Center, please feel free to contact us at: P.O. Box 420 (708) 833-4080 Elmhurst, IL Fax: (708) 833-4083 60126-0420

 

© Copyright 1996 Citizen Advocacy Center. All rights reserved. No part of this pamphlet may be reproduced in any form or by any means without the prior, written permission of the Citizen Advocacy Center.