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Home My WebLink About4. OLD BUSINESS 11/03/2009 KTJ .------ KLEIN, THORPE & JENKINS, LTD. Attorneys at Law I 20 N. Wacker Drive. Ste 1S80 Chicago. Illinois 80808-2803 T 312 884 8400 F 312 884 8444 DO 312 884 8420 emhillOOktjlaw.com 150m S. Ravinia Avenue. Ste 10 Orland Park. Illinois 80482-5353 T 708 348 3888 F 7083481508 www.ktjlaw.com MEMORANDUM TO: Michael E. Janonis FROM: Everette M. Hill, Jr. and Jason Guisinger DATE: October 29,2009 RE: Referendum to Increase Signature Requirements of Municipal Candidates The issue addressed by this memorandum is the election date(s) on which a referendum under Article VII of the Illinois Constitution to increase the signature requirements for municipal candidates may be placed on the ballot. As the following analysis indicates, a referendum to increase the signature requirements for municipal candidates may be placed on the ballot at any "regular election" as defined by the Election Code, as long as the voters of the Village are going to the polls to cast a vote for a candidate for public office. Pursuant to Article VII of the Illinois Constitution, home rule municipalities have the authority to provide for the manner in which their officers are elected only as provided for by referendum. Certainly, altering the signature requirements for being placed on a ballot pertains to the manner in which officers are elected. Article VII, Section 11 (b) further states that "[r]eferenda required by this Article shall be held at general elections, except as otherwise provided by law." Significantly, Article III, Section 6 of the Constitution provides that "[a]s used in all articles of this Constitution except Article VII, 'general election' means the biennial election at which members of the General Assembly are elected. Such election shall be held on the Tuesday following the first Monday of November in even-numbered years or on such other day as provided by law." [emphasis added]. Thus, "general elections" as used in Article VII is a generic term that is not defined. It is my opinion that the term is being used to contrast general elections from special elections, not general elections from primary elections. In other words, "general elections" means regularly scheduled elections. A review of the Election Code makes this clear for purposes of when an Article VII referendum may be submitted to the electorate. Section 28-7 of the Election Code deals with referenda required by the Illinois Constitution with respect to units of local government. Specifically, this Section states that "[i]n any case in which Article VII... of the Constitution authorizes any action to be taken by or with respect to any unit of local government, as defined in Section 1 of 242783_1 Page 2 of2 Article VII of the Constitution, by or subject to approval by referendum, any such public question shall be initiated in accordance with this Section." 10 ILCS 5/28-7. Moreover, Section 28-7 states that "[a]ny such public question may be initiated by the governing body of the unit of local government by resolution... requesting submission of the proposal for such action to the voters of the governmental unit at a regular election." [emphasis added]. "Regular election" is defined by the Election Code as "the general primary, consolidated and consolidated primary elections regularly scheduled in Article 2A." 1 0 ILCS 5/1-3(2). Under Article 2A of the Election Code, the general primary is held in February of even numbered years, the general election is held in November of even numbered years, the consolidated primary is held in February of odd numbered years, and the consolidated general election is held in April of odd numbered years. According to this definition of "regular election," the referendum regarding signature requirements that the Village seeks to submit to the voters may be held at any of the four (4) "regular elections," subject to one caveat: "No public question shall be submitted to the voters of a political subdivision at any regularly scheduled election at which such voters are not scheduled to cast votes for any candidates for nomination for, election to or retention in public office..." 10 ILCS 5/28-1. Thus, as long as voters in the Village are going to the polls at a regular election to cast a vote for a candidate for some public office, or nomination for candidacy to public office, Le., in a primary election, then the Article VII referendum may be placed on the ballot. Finally, even if "general elections" as used in Article VII of the Illinois Constitution is construed to mean the elections that take place in November of even numbered years and April of odd numbered years, my above conclusion remains the same. Again, Article VII states that "[r]eferenda required by this Article shall be held at general elections, except as otherwise provided by law." And Section 28-7 of the Election Code otherwise and specifically provides for the submission of Article VII referenda to the voters at a "regular election." In sum, it is my opinion that the referendum to increase the signature requirements for municipal candidates may properly be placed on the ballot at any "regular election" as defined by the Election Code, provided that the voters of the Village are going to the polls to cast a vote for a candidate for public office. Please feel free to contact me to discuss this matter further. 242783_1 AMENDED OCTOBER 22, 2009 (EH) ORDINANCE NO. AN ORDINANCE ESTABLISHING A BINDING REFERENDUM FOR THE SUBMISSION OF A PUBLIC QUESTION ON THE BALLOT FOR THE FEBRUARY 2, 2010 PRIMARY ELECTION BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect by Article VII of the Constitution of the State of Illinois, 1970, a binding referendum shall be held in the Village of Mount Prospect, Cook County, Illinois, during the primary election to be held February 2, 2010, for the purpose of submitting to the voters the following proposition: "Should the Village of Mount Prospect continue its non-partisan system of electing its mayor and trustees; but use a nominating signature requirement that is equal to 1 % of the number of registered voters in the Village of Mount Prospect and no primary ele&ti9n being required?" require no primary election?" SECTION TWO: That the local election official shall certify the above public question to the election authority having jurisdiction over the territory of the Village of Mount Prospect in the manner provided bylaw. SECTION THREE: That notice of said election shall be published and the form of the ballot shall be prepared in the form and manner provided by law. SECTION FOUR: That said binding referendum regarding said public question and all matters pertaining thereto shall be conducted in the manner prescribed by statute for and during the aforesaid primary election. SECTION FIVE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell /I