Electoral Board Blocks Evanston Voter Initiative Referendum

EVANSTON, IL — The city's electoral board voted Wednesday to keep a referendum that would extend legislative powers to voters off the ballot in the upcoming primary election.

Supporters of the Evanston Voter Initiative sought to place a referendum question on the March 17 primary ballot asking voters to approve a new process citizens to introduce and vote on local ordinances.

A trio of registered Evanston voters objected to the petition, calling it illegal and confusion. That triggered a hearing of the city's three-member Municipal Officers Electoral Board, consisting of the city's mayor, senior alderman and clerk.

Earlier: Electoral Board Hears Challenge To Voter Initiative Referendum

The hearing began Jan. 9, with the board establishing rules, retaining Dan Bolin, an attorney with Ancel Glink and hearing opening arguments.

Former Gov. Pat Quinn filed a motion to dismiss the objection at the first part of the hearing. The objectors responded to the motion, arguing there was no need to state an interest, since all Evanston voters had interest in the initiative. In his reply, Quinn said merely reciting status as registered voters is insufficient to comply with the separate requirement of the Illinois Election Code to "state the interest of the objector."

After hearing arguments on the motion, the board voted 2-1 to deny the motion to dismiss, with Hagerty and Rainey voting in favor of hearing the objection.

The argument over the legality of the proposed referendum appeared to hinge on whether the voter initiative should be considered a "matter of public policy" under the Illinois Election Code or whether it should be interpreted under the section of the Illinois Constitution granting authority to Home Rule municipalities to place binding referendums to modify the powers and duty of their city councils and "adopt, alter or repeal a form of government provided by law."

If adopted, the city would have joined Arlington Heights among the only Illinois municipalities that allow citizens to vote on local legislation.

The board voted 2-1 to sustain both paragraphs of the objectors' petition, with Hagerty and Rainey voting to side with the objectors and keep the measure off the ballot.

Allie Harned, the lead petitioner of the voter initiative, expressed confidence that the question would still wind out before voters in March after judicial review.

Quinn said it appeared that the outside counsel hired to represent had prejudiced the proceedings by preparing draft rulings ahead of time and prosecuting the case on behalf of the objectors.

"This wasn't fair, and you know it," Quinn told Hagerty.

"You're not neutral, you're not impartial, you had a decision ahead of time and you commissioned him to write it for you before you even had a hearing."

The board then voted 2-1 against waiving attorney-client privilege and releasing the draft decisions prepared by its attorney.

Quinn said the proceedings were "very biased" and promised to file a petition in court.

Video: Jan. 15, 2020, Evanston Electoral Board hearing:

Full text of proposed referendum question:

Shall the people of the City of Evanston provide for a voter petition and referendum process for the consideration and passage of city ordinances as follows:

The people of Evanston provide that the offices of City Clerk, Mayor and aldermen of the City Council have the power and duty to determine the necessary and proper procedural rules regarding the passage of city ordinances and the express duty to assist the people of Evanston in exercising their right to petition and make known their opinions regarding the consideration and passage of city ordinances. At the request of at least 25 Evanston electors, the City Clerk shall promptly cause a proposal to be drafted into ordinance form, including an official summary of the proposed ordinance. The official summary of the proposed ordinance may be introduced by a petition filed with the City Clerk and signed by a number of electors equal to at least eight percent of the total votes cast in Evanston for candidates for Governor in the preceding gubernatorial election. The procedure for filing the petition and determining its validity and sufficiency shall be established by the City Clerk, who shall make the determination of validity and sufficiency within 21 days of a petition filing.

Upon the determination of a valid and sufficient petition, the City Clerk shall within one business day submit the ordinance proposed by the official petition summary on the agenda of the next City Council meeting for its consideration. The City Council shall take a record roll call vote on the proposed ordinance within 70 days of submission by the City Clerk. If the City Council does not pass the proposed ordinance within the 70 day period, the official summary of the proposed ordinance shall be submitted by the City Clerk to the electors for their approval by referendum at the next regularly scheduled election held in all precincts of the city and held at least 70 days after referendum submission by the City Clerk. If the official summary is approved by a majority of those voting on the question, the proposed ordinance shall have the force and effect of passage by the corporate authorities of the City of Evanston unless it is disapproved by a resolution of the City Council not more than 30 days after the election?