Illinois, USA, regional Popular or citizens initiative [PCI] - Advisory question of public policy

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Illinois, USA
Political level
regional
Local Name:
Advisory question of public policy
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

Illinois Compiled Statutes
10 ILCS 5/28-1
[...] Advisory questions of public policy shall be submitted to referendum pursuant to Section 28-5 or pursuant to a statute which so provides. [...]

10 ILCS 5/28-9
[...]
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.
[...]

Source: Illinois Compiled Statutes (accessed 13 June 2017)

Subject Matter:

Initiating an advisory question

Actors

Author:
Citizen
Initiator:
Electorate : 8% of the number of votes in the last gubernatorial election
Decision maker:
Electorate

Requirements

Number Of Signatures:
8% of the total number of voters in the last gubernatorial election
Available Time:
Signatures may not be gathered more than 24 months before the election and the petition must be filed 6 months before the election (10 ILCS 5/28-9, accessed 18 June 2013)
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention specific approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Illinois Compiled Statutes, 10 ILCS 5/28-1
[...]
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, or (d) referenda held under Section 2-3002 of the Counties Code may be submitted to referendum with respect to a political subdivision at the same election.
[...]

Source: Illinois Compiled Statutes (accessed 13 June 2017)

Procedural Elements

Collection Mode:
restricted
Specify Collection Mode:

Illinois Compiled Statutes, 10 ILCS 5/28-3
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.

Source: Illinois Compiled Statutes (accessed 13 June 2017)

Wording Of Ballot Question:

Illinois Compiled Statutes, 10 ILCS 5/16-7
Sec. 16-7. Whenever a public question is to be submitted to be voted upon and has been initiated and certified in accordance with Article 28 of this Code, the election authorities to whom the question is certified shall print the question on the ballot for the proper election, and shall cause it to be submitted in the proper precincts to those electors entitled by reason of their residency to vote on such question.
The substance of such public measure shall be clearly indicated on a separate ballot, and two spaces shall be left upon the right-hand margin thereof, one for the votes favoring the public measure, to be designated by the word, "Yes", and one for the votes opposing the measure, to be designated by the word, "No", as in the form herein given:
--------------------------------------------------------------
Shall (here print YES
the substance of the -------------------------------
public measure). NO
--------------------------------------------------------------

Source: Illinois Compiled Statutes (accessed 13 June 2017)

Interaction With Authorities:

Illinois Compiled Statutes, 10 ILCS 5/28-5
[...]
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. [...]

10 ILCS 5/28-9
[...]
The proponents of the proposed statewide advisory public question shall file the original petition in bound election jurisdiction sections. Each section shall be composed of consecutively numbered petition sheets containing only the signatures of registered voters of a single election jurisdiction and, at the top of each petition sheet, the name of the election jurisdiction shall be typed or printed in block letters; provided that, if the name of the election jurisdiction is not so printed, the election jurisdiction of the circulator of that petition sheet shall be controlling with respect to the signatures on that sheet. [...]

Source: Illinois Compiled Statutes (accessed 13 June 2017)

Supervision And Support:

Illinois Compiled Statutes, 10 ILCS 5/28-11
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. [...]

Source: Illinois Compiled Statutes (accessed 13 June 2017)

Transparency And Finance:

Campaign finances are overseen by the Illinois state board of elections

Practice

Archive:
Remarks:

This procedure has been used several times to call for more direct democratic instruments and has received healthy majorities (82% in 1902 and 78% in 1910). Laws were not enacted to mirror these advisory questions.

"Illinois" Initiative and Referendum Institute at the University of Southern California. USC School of Law. 19 June 2013. <http://www.iandrinstitute.org/Illinois.htm>