Referendum Filing - Lake County Clerk

SUPPORTING OR OPPOSINGREFERENDUM (continued)Lists Of Registered Voters By PrecinctA printed list of registered voters in each of Lake County’sprecincts may be purchased for $1.50 per precinct. Each listincludes the name, address and last primary election votinghistory of each registered voter. Precinct lists are availableby precinct number in either alphabetical order of voter’s lastname or by numeric street order. A campaign committeepurchasing these lists is required to have a Statement ofOrganization (form D-1) on file with the State Board ofElections. Pursuant to statute, during the two weeks prior toan election these precinct lists are available at no charge, instreet or alphabetical format. Contact our Voter RegistrationDepartment at (847) 377-2292.Registered Voters On CDPolitical committees who have filed a Statement ofOrganization (D-1) with the State Board of Elections andthe Lake County Clerk may purchase registered voter listsfor Lake County or for any selected units of governmentin electronic format (CD-ROM). Purchasers must sign anagreement that the information is purchased for campaignuse only. Use for commercial purposes is strictly prohibited.Diskettes of registered voters by precinct include avoter history for the last five elections. Contact our VoterRegistration Department at (847) 377-2292 or visit ourwebsite at LakeCountyClerk.info for an application andinformation on restrictions of use, fields, formats availableand cost.Prior Election ResultsVoter turnout at prior elections may be useful for thoseplanning referendum strategy. Previous election resultsare available on our website and for purchase in CD ROMformat. Each CD contains results for one election cycle(even or odd year primary or general elections) and are $25per CD. Public viewing of our CD archive is available at nocharge. Please call (847) 377-2410 for an appointment toview results.Referendum Index by Unit of GovernmentAll prior public questions submitted to voters are indexedby unit of government and stored electronically for easeof research. For an appointment to view the archive ofpublic questions in Lake County and to identify whether thequestions were approved by the voters, call the ElectionsDepartment at (847) 377-2314.Governmental District MapsBy Township with precinct boundaries $5.00(1” =1000 ft.)For other county maps contact:Lake County Map Services Department(847) 377-2373Lake County Clerk Election ServicesArea Code 847Candidates 377-2309Voting by Mail 377-2406Maps 377-2274Voting Sites 377-2410Voter Registration 377-2410Election Results AvailableOnline at LakeCountyClerk.infoThis site contains election results for all electionssince March 1996. On election night, results aretransmitted as ballots are counted. Continuouselection night results can be obtained by refreshingthe results web page. Election results are unofficialuntil certified by the official canvassing board, eitherthe Lake County Clerk (election authority) or theState Board of Elections. All Lake County electionresults are canvassed after the 14 day period whenprovisional and late arriving ballots by mail arevalidated and counted in accordance with state law.Via Telephone (847) 377-2410Election night results are available by phone startingat 8:00 p.m. until all votes are counted.ReferendumFilingWILLARD R. HELANDERLake County ClerkLakeCountyClerk.info18 North County StreetWaukegan, Illinois 60085(847) 377-2400TTY: (847) 377-2022CountyClerk@lakecountyil.govREV. 08/11You are always welcome inthe County Clerk’s office.

INITIATING A REFERENDUMAuthority 10 ILCS 5/28A referendum is a question placed on the ballot for voterconsideration. During an election, no more than threereferenda are allowed on the ballot from the same politicalsubdivision. The Illinois Election Code provides that noreferendum shall be allowed on the ballot for an election inwhich the voters of a political subdivision are not scheduledto vote for a candidate for nomination or election to publicoffice.Who May InitiateA question of public policy may be submitted to the voters byreferendum when authorized by statute, e.g. 10 ILCS 5/28-6, 7or provided by the Illinois Constitution. The method forinitiating the submission of a public question to the voters ofa designated unit of government may be accomplished by:1.) Ordinance or resolution of the governing board for theunit of government, or 2.) A petition containing the requirednumber of signatures of registered voters in the district.TYPE OF PUBLIC QUESTIONLegally Binding Questions 10 ILCS 5/28-1Where there is statutory authority for the action initiatedby the political subdivision of government (i.e. bond issue,increase in a tax levy rate, etc.) the question is mandatory andis legally binding. A binding referendum can be placed on theballot by an ordinance or resolution adopted by the governingbody of a political subdivision, e.g., a village, school districtor special district. All other public questions are non-bindingand are referred to as advisory questions.Advisory Questions 10 ILCS 5/28-1; 5/28-6An advisory referendum is a method for gauging publicopinion. Results are not binding on the unit of government.Unless otherwise specified, an advisory question placedon the ballot by petition is subject to the general petitionrequirements found in the Illinois Election Code and thereferendum petition requirements cited in this pamphlet. Thepetition must be signed by registered voters in the district.The number of signatures required is at least 8% of totalvotes cast for candidates for Governor in the precedinggubernatorial election within the district impacted by thepublic question. Authorizing statutes may limit a referendumto a particular election.Non-Home Rule Exception 10 ILCS 5/28-1, 28-6Advisory questions in non-home rule units of governmentcan be initiated only by petition and cannot be by resolutionor ordinance (Ill. Atty. Gen. Opinion 83-013). There are a fewexceptions. County boards, municipalities, park and schooldistricts may adopt a resolution to place an advisory questionon the ballot, and Public Act 88-62 allows either the electorsat a township meeting or the township board by resolution toplace an advisory question on the ballot.INITIATED BY PETITIONRequirements 10 ILCS 5/28-2,3The required elements of petitions are set forth in the IllinoisElection Code at 10 ILCS 5/28-2, 3. The County Clerk’soffice can provide copies of the pertinent statutes, but cannotprovide legal counsel on the content or creation of petitions.By court opinion, each petition shall include the following:• Above the space for signatures, each sheet shall containan appropriate heading stating the question to besubmitted; the political subdivision, district or precinct inwhich it is to be submitted; and the election at which it is tobe submitted.• The heading of each sheet shall be uniform.• Petition sheets must be of uniform size.• Petition sheets must be fastened together in a secure andsuitable manner.• Petition sheets must be numbered in consecutive orderbeginning with the top sheet as number “1.”• Petitions must include the signatures of registered votersin the political subdivision with their residence addressprinted.• The circulator’s signature shall appear at the bottom ofeach petition page. The signature shall be notarized bysomeone other than the circulator.Signature RequirementsThe petition must be signed by registered voters in thedistrict. The number of signatures required is at least 8% oftotal votes cast for candidates for Governor in the precedinggubernatorial election within the district impacted by thepublic question. Any person signing a petition must be aregistered voter within the district in question. The votermust sign his/her signature in the presence of the circulatorand must indicate on the petition their residence address,including street address and city, town or village.Circulator RequirementsA circulator must be 18 years of age or older and a citizen ofthe United States. The circulator must personally witnessall the qualified signatures given on the petition and mustaffirm and sign the required affidavit (found on the bottom ofeach petition sheet) in the presence of a notary public statingthat all signatures were taken in his or her presence. (10 ILCS5/7-10, 8-8 and 10-4).FILING PETITIONSWhen To File 10 ILCS 5/28-2, 28-6, 28-7A petition for a public question shall be filed not less than92 days prior to a regular election to be eligible for submissionon the ballot.Note: A resolution or ordinance initiating a public questionmust be adopted by the appropriate local governing boardnot less than 79 days before a regular election and must becertified to the County Clerk for ballot not later than 68 daysbefore the election.Where To FileA petition to initiate a public question for submission to thevoters within a district or local unit of government mustbe filed with the local election official for the unit ofgovernment it is affecting. For example, an advisoryreferendum regarding a village or municipality must be filedwith the local village or municipal clerk. For purposes of legalnotice, a petition should include a certificate stating the nameand address of one proponent of the public question or theattorney for the proponents.SUPPORTING OR OPPOSINGREFERENDUMSeveral resources to assist proponents or opponents of apublic question are available for review or purchase from theLake County Clerk’s office, including maps, lists of voters,and important deadlines.Campaign DisclosureWhen petitions for a public question are filed with the localelection official, a Notice of Obligation (State Board ofElections form D-5) should be made available to the proponent/opponent whose name is indicated on the petition or to theattorney for the proponents. Illinois campaign disclosure lawsrequire that when $3,000 has been collected or expendedin support of or opposing a public question, financialdetails must be reported. Political committees anticipatingreaching the $3,000 threshold should file a Statement ofOrganization (form D-1). For a courtesy packet on campaigndisclosure filing, including a form D-1, email our office atelections@lakecountyil.gov or call (847) 377-2407.Filing a Statement of Organization (form D-1) as a politicalcommittee or as proponents/opponents of a public questionserves to create a campaign committee as required underIllinois campaign disclosure laws. A date stamped receipt forfiling a D-1 with the State Board of Elections is a prerequisitefor purchase of registered voter information on diskette. (SeeRegistered Voters on CD on reverse panel.)