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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2101

Introduced 2/6/2025, by Sen. Erica Harriss

SYNOPSIS AS INTRODUCED:

10 ILCS 5/28-6

from Ch. 46, par. 28-6
10 ILCS 5/28-7

from Ch. 46, par. 28-7
10 ILCS 5/28-9

from Ch. 46, par. 28-9

Amends the Election Code. Provides that a public question may be
initiated by the filing with the clerk or secretary of the governmental
unit of a petition signed by a number of qualified electors equal to or
greater than at least 4% of the total votes cast for candidates for
Governor in the preceding gubernatorial election (rather than 8% of the
total votes cast for candidates for Governor in the preceding
gubernatorial election), requesting the submission of the proposal for
such action to the voters of the governmental unit at a regular election.
Makes conforming changes.
LRB104 11329 SPS 21416 b

A BILL FOR

SB2101
LRB104 11329 SPS 21416 b
1

AN ACT concerning elections.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Election Code is amended by changing
5
Sections 28-6, 28-7, and 28-9 as follows:

6

(10 ILCS 5/28-6)

(from Ch. 46, par. 28-6)
7

Sec. 28-6.
Petitions; filing.
8

(a) On a written petition signed by a number of voters
9
equal to at least
4%

8%
of the total votes cast for candidates
10
for Governor in the preceding gubernatorial election by the
11
registered voters of the municipality, township, county or
12
school district, it shall be the duty of the proper election
13
officers to submit any question of public policy so petitioned
14
for, to the electors of such political subdivision at any
15
regular election named in the petition at which an election is
16
scheduled to be held throughout such political subdivision
17
under Article 2A. Such petitions shall be filed with the local
18
election official of the political subdivision or election
19
authority, as the case may be. Where such a question is to be
20
submitted to the voters of a municipality which has adopted
21
Article 6, or a township or school district located entirely
22
within the jurisdiction of a municipal board of election
23
commissioners, such petitions shall be filed with the board of

SB2101
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LRB104 11329 SPS 21416 b
1
election commissioners having jurisdiction over the political
2
subdivision.
3

(b) In a municipality with more than 1,000,000
4
inhabitants, when a question of public policy exclusively
5
concerning a contiguous territory included entirely within but
6
not coextensive with the municipality is initiated by
7
resolution or ordinance of the corporate authorities of the
8
municipality, or by a petition which may be signed by
9
registered voters who reside in any part of any precinct all or
10
part of which includes all or part of the territory and who
11
equal in number to at least
4%

8%
of the total votes cast for
12
candidates for Governor in the preceding gubernatorial
13
election by the voters of the precinct or precincts in the
14
territory where the question is to be submitted to the voters,
15
it shall be the duty of the election authority having
16
jurisdiction over such municipality to submit such question to
17
the electors throughout each precinct all or part of which
18
includes all or part of the territory at the regular election
19
specified in the resolution, ordinance or petition initiating
20
the public question. A petition initiating a public question
21
described in this subsection shall be filed with the election
22
authority having jurisdiction over the municipality. A
23
resolution, ordinance or petition initiating a public question
24
described in this subsection shall specify the election at
25
which the question is to be submitted.
26

(c) Local questions of public policy authorized by this

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LRB104 11329 SPS 21416 b
1
Section and statewide questions of public policy authorized by
2
Section 28-9 shall be advisory public questions, and no legal
3
effects shall result from the adoption or rejection of such
4
propositions.
5

(d) This Section does not apply to a petition filed
6
pursuant to Article IX of the Liquor Control Act of 1934.
7
(Source: P.A. 97-81, eff. 7-5-11.)

8

(10 ILCS 5/28-7)

(from Ch. 46, par. 28-7)
9

Sec. 28-7.
Except as provided in Article 24 of the
10
Township Code, in any case in which Article VII or paragraph
11
(a) of Section 5 of the Transition Schedule of the
12
Constitution authorizes any action to be taken by or with
13
respect to any unit of local government, as defined in Section
14
1 of Article VII of the Constitution, by or subject to approval
15
by referendum, any such public question shall be initiated in
16
accordance with this Section.
17

Any such public question may be initiated by the governing
18
body of the unit of local government by resolution or by the
19
filing with the clerk or secretary of the governmental unit of
20
a petition signed by a number of qualified electors equal to or
21
greater than at least
4%

8%
of the total votes cast for
22
candidates for Governor in the preceding gubernatorial
23
election, requesting the submission of the proposal for such
24
action to the voters of the governmental unit at a regular
25
election.

SB2101
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LRB104 11329 SPS 21416 b
1

If the action to be taken requires a referendum involving
2
2 or more units of local government, the proposal shall be
3
submitted to the voters of such governmental units by the
4
election authorities with jurisdiction over the territory of
5
the governmental units. Such multi-unit proposals may be
6
initiated by appropriate resolutions by the respective
7
governing bodies or by petitions of the voters of the several
8
governmental units filed with the respective clerks or
9
secretaries.
10

This Section is intended to provide a method of submission
11
to referendum in all cases of proposals for actions which are
12
authorized by Article VII of the Constitution by or subject to
13
approval by referendum and supersedes any conflicting
14
statutory provisions except those contained in Division 2-5 of
15
the Counties Code or Article 24 of the Township Code.
16

Referenda provided for in this Section may not be held
17
more than once in any 23-month period on the same proposition,
18
provided that in any municipality a referendum to elect not to
19
be a home rule unit may be held only once within any 47-month
20
period.
21
(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)

22

(10 ILCS 5/28-9)

(from Ch. 46, par. 28-9)
23

Sec. 28-9.
Petitions for proposed amendments to Article IV
24
of the Constitution pursuant to Section 3, Article XIV of the
25
Constitution shall be signed by a number of electors equal in

SB2101
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LRB104 11329 SPS 21416 b
1
number to at least
4%

8%
of the total votes cast for candidates
2
for Governor in the preceding gubernatorial election. Such
3
petition shall have been signed by the petitioning electors
4
not more than 24 months preceding the general election at
5
which the proposed amendment is to be submitted and shall be
6
filed with the Secretary of State at least 6 months before that
7
general election.
8

Upon receipt of a petition for a proposed Constitutional
9
amendment, the Secretary of State shall, as soon as is
10
practicable, but no later than the close of the next business
11
day, deliver such petition to the State Board of Elections.
12

Petitions for advisory questions of public policy to be
13
submitted to the voters of the entire State shall be signed by
14
a number of voters equal in number to
4%

8%
of the total votes
15
cast for candidates for Governor in the preceding
16
gubernatorial election. Such petition shall have been signed
17
by said petitioners not more than 24 months preceding the date
18
of the general election at which the question is to be
19
submitted and shall be filed with the State Board of Elections
20
at least 6 months before that general election.
21

The proponents of the proposed statewide advisory public
22
question shall file the original petition in bound sections.
23
Each section shall be composed of consecutively numbered
24
petition sheets containing only the signatures of registered
25
voters. Any petition sheets not consecutively numbered or
26
which contain duplicate page numbers already used on other

SB2101
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LRB104 11329 SPS 21416 b
1
sheets, or are photocopies or duplicates of the original
2
sheets, shall not be considered part of the petition for the
3
purpose of the random sampling verification and shall not be
4
counted toward the minimum number of signatures required to
5
qualify the proposed statewide advisory public question for
6
the ballot.
7

Within 7 business days following the last day for filing
8
the original petition, the proponents shall also file copies
9
of the petition sheets with each proper election authority and
10
obtain a receipt therefor.
11

For purposes of this Act, the following terms shall be
12
defined and construed as follows:
13

1. "Board" means the State Board of Elections.
14

2. "Election Authority" means a county clerk or city or
15
county board of election commissioners.
16

3. (Blank).
17

4. "Proponents" means any person, association, committee,
18
organization or other group, or their designated
19
representatives, who advocate and cause the circulation and
20
filing of petitions for a statewide advisory question of
21
public policy or a proposed constitutional amendment for
22
submission at a general election and who has registered with
23
the Board as provided in this Act.
24

5. "Opponents" means any person, association, committee,
25
organization or other group, or their designated
26
representatives, who oppose a statewide advisory question of

SB2101
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LRB104 11329 SPS 21416 b
1
public policy or a proposed constitutional amendment for
2
submission at a general election and who have registered with
3
the Board as provided in this Act.
4
(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15
.)

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