Ballot Questions

Advisory vs Binding Referendums in Illinois

A binding referendum in Illinois changes something when it passes: a tax rate, a form of government, home rule status, a district boundary. An advisory referendum asks voters for their opinion and changes nothing by itself. The difference comes from where the question's authority comes from. Binding questions can go to referendum "only as authorized by a statute which so provides or by the Constitution" (10 ILCS 5/28-1). Questions that voters start under the general citizen petition rule "shall be advisory public questions, and no legal effects shall result" (10 ILCS 5/28-6(c)).

So the practical answer is this: if you are starting a question as a group of voters, it is advisory unless a specific statute or the Constitution gives voters the power to start a binding question on that subject. Before you collect a single signature, find out which kind you have.

This explainer walks through both kinds, who can start each one, the signature rules, and what an advisory vote can still accomplish. For the full set of ballot question topics, see our guide to Illinois ballot questions.

What "binding" means

A binding question is one with legal effect. If it passes, the action it describes takes effect (subject to whatever the authorizing statute says); if it fails, the action does not.

The key rule is in 10 ILCS 5/28-1: questions with any legal effect may be submitted to referendum only when a statute or the Constitution authorizes it. That has three consequences.

  1. The authorizing statute controls. It decides who can initiate the question, how many signatures a petition needs if a petition is allowed, who may sign, what the petition must say, where it is filed and how the question is worded. Article 28 of the Election Code fills any gaps (10 ILCS 5/28-1).
  2. There is no single statewide signature number for binding questions. Each statute sets its own. If someone quotes you a universal figure, ask which statute it comes from.
  3. Many binding questions are started by the governing body. School and park funding questions, for example, are commonly placed on the ballot by board resolution. For April 6, 2027, those resolutions are due January 19, 2027.

Article VII questions

The Illinois Constitution's Article VII covers home rule and other local-government actions that require voter approval. Article 28 sets out how those questions start: either by the governing body's resolution, or by a petition filed with the unit's clerk or secretary signed by at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election (10 ILCS 5/28-7). The same proposition cannot be submitted more than once in 23 months, or 47 months for a question about opting out of home rule.

Back-door referendums

A back-door referendum is a binding question that voters force onto the ballot after a governing body acts. It is defined as a question "initiated by a petition of voters or residents of such political subdivision, to determine whether an action by the governing body of such subdivision shall be adopted or rejected" (10 ILCS 5/28-2(f)). They only exist where a statute provides for them, and that statute sets the signature count and deadline. Our post on back-door referendums in Illinois covers how they work.

What "advisory" means

Under 10 ILCS 5/28-6, registered voters can petition to put a question to the voters of their municipality, township, county or school district. These questions are advisory, and "no legal effects shall result" (28-6(c)).

A governing body can also place an advisory question on the ballot by resolution, for example to gauge support before deciding whether to pursue a binding question later. For April 6, 2027, board resolutions for advisory questions are due January 19, 2027, the same date as binding ones.

Signatures for a citizen advisory question

The petition needs signatures equal to at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election by the registered voters of the municipality, township, county or school district (10 ILCS 5/28-6(a)). It is filed with the local election official or election authority.

The base is the Governor's race, not the most recent local election, which surprises people. Ask the filing office for the exact base and the resulting minimum, then plan to collect well above it, because objections can strike signatures.

Side by side

Binding Advisory
Legal effect Yes, as the authorizing statute provides None (10 ILCS 5/28-6(c))
Authority A specific statute or the Constitution 10 ILCS 5/28-6 for citizen petitions; board resolution also possible
Who can start it Depends on the statute: the governing body, voters by petition, or both Registered voters by petition, or the governing body
Signatures Set by the authorizing statute; Article VII questions need 8% of the Governor vote 8% of the Governor vote in the unit
April 6, 2027 petition deadline January 4, 2027 for citizen petitions, unless the statute sets an earlier date January 4, 2027
April 6, 2027 resolution deadline January 19, 2027 January 19, 2027

Rules that apply to both

Whichever kind you have, several Article 28 rules apply:

Is an advisory referendum worth it?

It depends on what you need. An advisory vote cannot force a board to act. What it can do is put a clear, public number on community opinion, on an official ballot, counted by the election authority. That is harder to dismiss than a petition or a packed meeting. Some groups use an advisory question to build the organization and the list they will need for a later binding effort or a candidate race.

The cost is real, though. You need 8% of the Governor vote in signatures, gathered on paper by circulators, and if three other questions are already validly initiated for your unit, yours may not appear at all. Weigh that effort against simply asking the board to place the question, or against recruiting candidates who share your view.

How campaigns use the difference

The kind of question changes how you campaign.

For a binding question, the message is about consequences: what changes, what it costs, what happens if it fails. Persuasion matters, because undecided voters want specifics.

For an advisory question, the message is about being heard. Turnout matters more, because a lopsided result is the point, and the voters who care most are the ones you need at the polls.

Either way, the work happens at the door. If you are planning a petition drive or a campaign, Beacon puts your district's voters on a map, routes each volunteer through their streets, and records the result at every door along with survey answers such as "supports the question: yes / no / undecided." See how it works for local campaigns.

Ready to plan the petition? How to get a question on the local ballot walks through it step by step.

Frequently asked questions

Can voters start a binding referendum in Illinois?

Only where a statute or the Constitution provides for it. Article VII questions and back-door referendums are examples. A question started under the general citizen petition rule is advisory.

Does a board have to follow an advisory referendum result?

No. An advisory question under 10 ILCS 5/28-6 has no legal effect. The result is public and official, which gives it political weight, but it does not require any action.

How many signatures does a binding referendum need?

It depends on the statute that authorizes it. Article VII questions use 8% of the total votes cast for Governor at the preceding gubernatorial election. For anything else, ask your local election official and an election attorney which statute applies.

Map the district before you start

Whether your question is binding or advisory, you will need volunteers on routed streets and a clear record of every door. Start a 14-day Beacon trial and put your district on the map.

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