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Illinois Compiled Statutes

10 ILCS 5/28-7 (2026)

Except as provided in Article 24 of the Township Code, in any case in which Article VII or paragraph (a) of Section 5 of the Transition Schedule 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 Article VII of the Constitution, by or subject to approval by referendum, any such public question shall be initiated in accordance with this Section

✓ current as of May 2026
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(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
    Sec. 28-7. Except as provided in Article 24 of the Township Code, in any case in which Article VII or paragraph (a) of Section 5 of the Transition Schedule 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 Article VII of the Constitution, by or subject to approval by referendum, any such public question shall be initiated in accordance with this Section.
    Any such public question may be initiated by the governing body of the unit of local government by resolution or by the filing with the clerk or secretary of the governmental unit of a petition signed by a number of qualified electors equal to or greater than at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election, requesting the submission of the proposal for such action to the voters of the governmental unit at a regular election.
    If the action to be taken requires a referendum involving 2 or more units of local government, the proposal shall be submitted to the voters of such governmental units by the election authorities with jurisdiction over the territory of the governmental units. Such multi-unit proposals may be initiated by appropriate resolutions by the respective governing bodies or by petitions of the voters of the several governmental units filed with the respective clerks or secretaries.
    This Section is intended to provide a method of submission to referendum in all cases of proposals for actions which are authorized by Article VII of the Constitution by or subject to approval by referendum and supersedes any conflicting statutory provisions except those contained in Division 2-5 of the Counties Code or Article 24 of the Township Code.
    Referenda provided for in this Section may not be held more than once in any 23-month period on the same proposition, provided that in any municipality a referendum to elect not to be a home rule unit may be held only once within any 47-month period.
(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)

    
Notes of Decisions
Cited in 8 cases (5 in the last 5 years), 2016–2022 · leading case: McHenry Twp. v. Cnty. of McHenry, 2022 IL 127258 (Ill. 2022).
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McHenry Twp. v. Cnty. of McHenry, 2022 IL 127258 (Ill. 2022). · cites it 3× “10 ILCS 5/28-7 (West 2020). ¶3 The township filed a complaint for a writ of mandamus or mandatory injunctive relief to compel defendants to place the referendum proposition on the November 2020 ballot.”
Henyard v. Mun. Officers of Dolton, 2022 IL App (1st) 220898 (Ill. App. Ct. 2022). “Section 28-7 of the Election Code (10 ILCS 5/28-7 (West 2020)) allows a municipal board to place referenda to change the form of government on the ballot by a mere resolution, as was done here, rather than by ordinance.”
McHenry Twp. v. Cnty. of McHenry, 2021 IL App (2d) 200478 (Ill. App. Ct. 2021). · cites it 4× “her enforcement option—a private citizen suit—was not viable because it would be costly and chaotic, and (2) the second proposition was the same as the first, even though the two propositions contained different (statutorily prescribed) dissolution dates and, thus, because the…”
McHenry Twp. v. Cnty. of McHenry, 2021 IL App (2d) 200478 (Ill. App. Ct. 2021). · cites it 3× “her enforcement option—a private citizen suit—was not viable because it would be costly and chaotic, and (2) the second proposition was the same as the first, even though the two propositions contained different (statutorily prescribed) dissolution dates and, thus, because the…”
Makula v. Victorine, 2021 IL App (1st) 201298-U (Ill. App. Ct. 2021). “” 10 ILCS 5/28-7 (West 2018). Specifically, it provides that “[a]ny *** public question may be initiated by the governing body of the unit of local government by resolution or by the filing with the clerk or secretary of the governmental unit of a petition signed by a number of…”
Johnson v. Ames, 2016 IL App (1st) 162770 (Ill. App. Ct. 2016). “]" 10 ILCS 5/28-7 (West 2014). 4 No. 1-16-2770 required which was calculated based on 8% of the total amount of voters in the local governmental unit which voted in the last governor's election.”
Johnson v. Ames, 2016 IL App (1st) 162770 (Ill. App. Ct. 2017). “” 10 ILCS 5/28-7 (West 2014). -3- October 1, 2014), affirmed 2014 [IL App (1st) 142998-U] pertain to a referendum that was challenged on the same grounds as are being raised here.”
Johnson v. Ames, 2016 IL App (1st) 162770 (Ill. App. Ct. 2016). “]" 10 ILCS 5/28-7 (West 2014). 4 No. 1-16-2770 required which was calculated based on 8% of the total amount of voters in the local governmental unit which voted in the last governor's election.”
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