10 ILCS 5/28-5
2021 Illinois Compiled Statutes|Chapter 10 - ELECTIONS|10 ILCS 5/ - Election Code.|Article 28 - Submitting Public Questions

 (from Ch. 46, par. 28-5)Sec. 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  question.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.)