Illinois Compiled Statutes
10 ILCS 5/28-4 (2026)
The provisions of Sections 10-8 through 10-10
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(10 ILCS 5/28-4)
(from Ch. 46, par. 28-4)
Sec. 28-4.
The provisions of Sections 10-8 through 10-10.1
relating to objections to nominating petitions, hearings on objections,
and judicial review, shall apply to and govern, insofar as may be
practicable, objections to petitions for the submission of questions of
public policy required to be filed with local election officials and election
authorities, and to petitions for proposed Constitutional amendments and
statewide advisory public questions required
to be filed with the State Board of Elections, except that objections to
petitions for the submission of proposed Constitutional amendments and
statewide advisory public questions may be filed
within 42 business days after the petition is filed.
The electoral board to hear and pass on objections shall be the
electoral board specified in Section 10-9 to have jurisdiction over
objections to the nominating petitions of candidates for offices of the
political subdivision in which the question of public policy is proposed to
be submitted to the electors. The electoral board to hear and pass upon
objections to petitions for proposed Constitutional amendments or statewide
advisory public questions shall be the State Board of Elections.
Objections to petitions for the submission of public questions which are
required by law to be filed with the circuit court shall be presented to
and heard by the court with which such petitions are filed. In such cases,
unless otherwise provided in the statute authorizing the public question,
the court shall (1) set a hearing on the petition, (2) cause notice of such
hearing to be published, as soon as possible after the filing of the petition
but not later than 14 days after such filing and not less than 5 days before
the hearing, in a newspaper of general circulation published in the political
subdivision to which the public question relates and if there is no such
newspaper, then in one newspaper published in the county and having a general
circulation in the political subdivision, (3) conduct such hearing and entertain
all objections as may be properly presented on or before such hearing date
in the manner as provided in Article 10 for the conduct of proceedings before
electoral boards, insofar as practicable, (4) conduct further hearings as
necessary to a decision
on the objections properly raised, and (5) enter a final order not later
than 7 days after the initial hearing.
Where a statute authorizing a public question specifies judicial procedures
for the determination of the validity of such petition, or for the determination
by the court as to any findings required prior to ordering the proposition
submitted to referendum, the procedures specified in that statute shall govern.
(Source: P.A. 83-999.)
Notes of Decisions
Cited in 9
cases, 1994–2020 · leading case: Chicago Bar Ass'n v. Illinois State Bd. of Elections, 641 N.E.2d 525 (Ill. 1994).
Chicago Bar Ass'n v. Illinois State Bd. of Elections, 641 N.E.2d 525 (Ill. 1994). “) No objections to the petition were filed with the Board (see 10 ILCS 5/28-4 (West 1992)), and the sample verification of signatures required by section 28-11 of the Election Code (10 ILCS 5/28-11 (West 1992)) revealed that enough of the signatures were valid so that the…”
Bettis v. Marsaglia, 2014 IL 117050 (Ill. 2014). “10 ILCS 5/28-4 (West 2012). That leads us to section 10-10.”
Bettis v. Marsaglia, 2014 IL 117050 (Ill. 2015). “10 ILCS 5/28-4 (West 2012). That leads us to section 10-10.”
Zurek v. Franklin Park Officers Electoral Bd., 2014 IL App (1st) 142618 (Ill. App. Ct. 2015). “¶ 67 Section 28-4 states in its first sentence that, in addition to applying to candidates, section 10-9 “shall apply to and govern, insofar as may be practicable, objections to petitions for the submission of questions of public policy” (10 ILCS 5/28-4 (West 2012)), such as the…”
Zurek v. Franklin Park Officers Electoral Bd., 2014 IL App (1st) 142618 (Ill. App. Ct. 2014). “¶ 66 Section 28-4 states in its first sentence that, in addition to applying to candidates, section 10-9 "shall apply to and govern, insofar as may be practicable, objections to petitions for the submission of questions of public policy" (10 ILCS 5/28-4 (West 2012)), such as the…”
Zurek v. Franklin Park Officers Electoral Bd., 2014 IL App (1st) 142618 (Ill. App. Ct. 2014). “) ¶ 67 Section 28-4 states in its first sentence that, in addition to applying to candidates, section 10-9 "shall apply to and govern, insofar as may be practicable, objections to petitions for the submission of questions of public policy" (10 ILCS 5/28-4 (West 2012)), such as…”
Mashni Corp. v. Laski (Ill. App. Ct. 2004). “10 ILCS 5/28-4 (West 2002); 235 ILCS 5/9-4 (West 2002).”
Morgan v. White (N.D. Ill. 2020). “See 10 ILCS 5/28-4 (rules regarding objections to proposed constitutional amendments).”
In re Proposed Incorporation of Vill. of Homer Glen, 681 N.E.2d 1052 (Ill. App. Ct. 1997). “) 10 ILCS 5/28-4 (West 1994). A "public question” is defined as "any question, proposition or measure submitted to the voters at an election dealing with subject matter other than the nomination or election of candidates.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|