McHenry Township v. County of McHenry
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In the March 2020 primary election, McHenry Township voters rejected a proposition to dissolve the township. Months later, the township’s board of trustees adopted a resolution to place a nearly identical proposition on the November 2020 general election ballot. The McHenry County Clerk refused to place the proposition on the ballot, notifying the township that the proposition violated the statutory prohibition against “the same proposition” appearing on the ballot more than once within 23 months, 10 ILCS 5/28-7.
The circuit court dismissed a mandamus petition. The appellate court reversed the dismissal, holding that, regardless of whether the proposition was prohibited from appearing on the November 2020 ballot, the clerk lacked the statutory authority to make that determination and was obligated to perform the ministerial act of placing the proposition on the ballot. The Illinois Supreme Court affirmed, noting that the township is no longer pursuing dissolution.
Section 28-5 provides that a county clerk is authorized to give notice that the public question may not be placed on the ballot only when the question is prohibited by “the limitations of section 28-1.” The prohibition against placing the same proposition on the ballot more than once in 23 months is set forth in section 28- 7, not section 28-1. The court did not consider whether the proposition actually violated section 28-7.
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