10 ILCS 5/28-2
2021 Illinois Compiled Statutes|Chapter 10 - ELECTIONS|10 ILCS 5/ - Election Code.|Article 28 - Submitting Public Questions

 (from Ch. 46, par. 28-2)Sec. 28-2. (a) Except as otherwise provided in this Section, petitions  for the submission of public questions to referendum must be filed with the  appropriate officer or board not less than 92 days prior to a regular  election to be eligible for submission on the ballot at such election; and  petitions for the submission of a question under Section 18-120 or Section 18-206 of the  Property Tax Code must be filed with the appropriate officer or board not more  than 10 months nor less than 6 months prior to the election at which such  question is to be submitted to the voters.(b) However, petitions for the submission of a public question to  referendum which proposes the creation or formation of a political  subdivision must be filed with the appropriate officer or board not less  than 122 days prior to a regular election to be eligible for submission on  the ballot at such election.(c) Resolutions or ordinances of governing boards of political  subdivisions which initiate the submission of public questions pursuant  to law must be adopted not less than 79 days before a regularly scheduled  election to be eligible for submission on the ballot at such election.(d) A petition, resolution or ordinance initiating the submission of a  public question may specify a regular election at which the question is  to be submitted, and must so specify if the statute authorizing the  public question requires submission at a particular election. However,  no petition, resolution or ordinance initiating the submission of a  public question, other than a legislative resolution initiating an  amendment to the Constitution, may specify such submission at an  election more than one year, or 15 months in the case of a back door referendum as defined in subsection (f), after the date on which it is filed or  adopted, as the case may be. A petition, resolution or ordinance  initiating a public question which specifies a particular election at  which the question is to be submitted shall be so limited, and shall not  be valid as to any other election, other than an emergency referendum  ordered pursuant to Section 2A-1.4.(e) If a petition initiating a public question does not specify a  regularly scheduled election, the public question shall be submitted to  referendum at the next regular election occurring not less than 92 days  after the filing of the petition, or not less than 122 days after the  filing of a petition for referendum to create a political subdivision.  If  a resolution or ordinance initiating a public question does not specify a  regularly scheduled election, the public question shall be submitted to  referendum at the next regular election occurring not less than 79 days  after the adoption of the resolution or ordinance.(f) In the case of back door referenda, any limitations in another  statute authorizing such a referendum which restrict the time in which  the initiating petition may be validly filed shall apply to such  petition, in addition to the filing deadlines specified in this Section  for submission at a particular election.  In the case of any back door  referendum, the publication of the ordinance or resolution of the political  subdivision shall include a notice of (1) the specific number of voters  required to sign a petition requesting that a public question be submitted  to the voters of the subdivision; (2) the time within which the petition must  be filed; and (3) the date of the prospective referendum.  The secretary or  clerk of the political subdivision shall provide a petition form to any  individual requesting one. The legal sufficiency of that form, if provided by the secretary or clerk of the political subdivision, cannot be the basis of a challenge to placing the back door referendum on the ballot. As used herein, a "back door  referendum" is the submission of a public question to the voters of a  political subdivision, initiated by a petition of voters or residents of  such political subdivision, to determine whether an action by the  governing body of such subdivision shall be adopted or rejected.(g) A petition for the incorporation or formation of a new  political subdivision whose officers are to be elected rather than appointed  must have attached to it an affidavit attesting that at least 122 days and  no more than 152 days prior to such election notice of intention to file  such petition was published in a newspaper published within the proposed  political subdivision, or if none, in a newspaper of general circulation  within the territory of the proposed political subdivision in substantially  the following form:  NOTICE OF PETITION TO FORM A NEW........Residents of the territory described below are notified that a petition  will or has been filed in the Office of............requesting a referendum  to establish a new........, to be called the............*The officers of the new...........will be elected on the same day as the  referendum.  Candidates for the governing board of the new......may file  nominating petitions with the officer named above until...........The territory proposed to comprise the new........is described as follows:(description of territory included in petition)(signature)....................................Name and address of person or persons proposingthe new political subdivision.* Where applicable.Failure to file such affidavit, or failure to publish the required notice  with the correct information contained therein shall render the petition,  and any referendum held pursuant to such petition, null and void.Notwithstanding the foregoing provisions of this subsection (g) or any  other provisions of this Code, the publication of notice and affidavit  requirements of this subsection (g) shall not apply to any petition filed  under Article 7 or 11E of the School Code nor to any  referendum  held pursuant to any such petition, and neither any petition filed under  any of those Articles nor any referendum held pursuant to any such petition  shall be rendered null and void because of the failure to file an affidavit  or publish a notice with respect to the petition or referendum as required  under this subsection (g) for petitions that are not filed under any of  those Articles of the School Code.  (Source: P.A. 100-465, eff. 8-31-17.)