Illinois Compiled Statutes
235 ILCS 5/9-1 (2026)
The words and phrases defined in this section and used in this Article, unless inconsistent with the context, shall be construed as follows: "Precinct" means any part of a city, village or incorporated town of over 200,000 population which was a "voting precinct" or an "election precinct" for voting at the last general election
✓ current as of May 2026
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(235 ILCS 5/9-1)
(from Ch. 43, par. 166)
Sec. 9-1.
The words and phrases defined in this section and used in
this Article, unless inconsistent with the context, shall be construed
as follows:
"Precinct" means any part of a city, village or incorporated town of
over 200,000 population which was a "voting precinct" or an "election
precinct" for voting at the last general election.
"Political subdivision" means a township, road district, city,
village or incorporated town, as the case may be.
"Legal voter", insofar as the signing of a petition for a local
option election is concerned, means a person who is registered to vote at
the address shown opposite his signature on the petition or was registered
to vote at such address when he signed the petition.
"Annexed area" means a territory which has attached to and become a
part of a different political subdivision or precinct. The term shall be
an appropriate designation only until the area to which it attaches
holds a referendum hereunder.
"Disconnected area" means a territory which has detached or separated
from a political subdivision or precinct.
"Licensed establishment" means the premises specified in a retailer's
license pursuant to paragraph (d) of Section 5-1 and whose primary business
is the sale of alcoholic beverages on the premises, which premises are
located in any municipality having more than 2,000,000 inhabitants.
In the phrase, "Shall the sale at retail of alcoholic liquor (or
alcoholic liquor other than beer containing not more than 4% of alcohol
by weight) (or alcoholic liquor containing more than 4% of alcohol by
weight except in the original package and not for consumption on the
premises) be prohibited in (or at) ....?" the proper name, whether of a
"township", "road district", "precinct", "city", "village" or
"incorporated town", or the street address of the licensed
establishment, shall be understood to be inserted in the blank, and
the same shall be inserted in the petitions filed by and the ballots
prepared for the voters of any precinct, township, road district, city,
village or incorporated town.
"Clerk", with reference to cities, villages and incorporated towns,
and precinct situated therein, means the town, city or village clerk, as
the case may be; with reference to cities, villages and incorporated
towns which have by ordinance created a Board of Election Commissioners,
it means the Board of Election Commissioners; with reference to road
districts in counties not under township organization, it means the road
district clerk; with reference to townships or parts of townships lying
outside of cities, villages and incorporated towns in counties under
township organization, it means the township clerk.
"Election" as used in reference to cities, villages and incorporated
towns, means an election at a time fixed by the general election law for
choosing city, village or incorporated town officers. "Election" also means
an election at a time fixed by the general election law for choosing
county, township or road district officers.
In case an election is to be held for officers of the city, village,
incorporated town, township, or road district to which a proposition
requested pursuant to this Article shall be submitted, or for the
election of officers of a township or road district in which it is
requested that such proposition be submitted to that part of a township
or road district lying outside the corporate limits of a city, village
or incorporated town, not less than 90 days nor more than 6 months
following the filing of such petition, then the words "next ensuing
election" as used herein shall mean the next ensuing election for
officers of such city, village, incorporated town, township or road
district, regardless of any intervening elections at which residents of
such city, village, incorporated town, township or road district may vote.
(Source: P.A. 86-861; 87-347.)
Notes of Decisions
Cited in 5
cases, 1997–2014 · leading case: Club Misty, Inc., Doing Bus. as Tequila Roadhouse v. James Laski, Clerk of the City of Chicago, 208 F.3d 615 (7th Cir. 2000).
Club Misty, Inc., Doing Bus. as Tequila Roadhouse v. James Laski, Clerk of the City of Chicago, 208 F.3d 615 (7th Cir. 2000). “The statute, 235 ILCS 5/9-1 et seq., is challenged both as depriving the plaintiffs of their property without due process of law and as a bill of attainder.”
Mabwa v. Mendoza, 2014 IL App (1st) 142771 (Ill. App. Ct. 2014). “235 ILCS 5/9-1 et seq. (West 2012). ¶ 46 Section 9-2 provides in relevant part: “When any legal voters of a precinct in any city, village or incorporated town of more than 200,000 inhabitants, as determined by the last preceding Federal census, desire to pass upon the question…”
Mashni Corp. v. Bd. of Election Commissioners (Ill. App. Ct. 2005). “235 ILCS 5/9-1 (West 2004). After setting forth the statutory form, section 9-6 provides that the "proposition ballot shall also contain a common description of the precinct in plain and nonlegal language.”
Club Misty, Inc v. Laski, James (7th Cir. 2000). “The statute, 235 ILCS 5/9-1 et seq., is challenged both as depriving the plaintiffs of their property without due process of law and as a bill of attainder.”
Krauss v. Bd. of Election Commissioners (Ill. App. Ct. 1997). “ILCS 5/23-24 (West 1994); 235 ILCS 5/9-1 (West 1994). The Board of Election Commissioners of the City of Chicago (Board) filed motions to strike and dismiss the voters' complaints.”
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