School bond and tax elections in Illinois

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School bond and tax elections in Illinois are held under three different circumstances:

  • For bonding that funds capital improvements of school districts (i.e. new construction or maintaining existing facilities)
  • To create a contingency fund to pay existing debts which is called "Chapter 20 Funding" which is listed under the Illinois Education Code.
  • Exceeding the property tax cap set under the Illinois Property Tax Referendum Cap of 2006.

Also, miscellaneous elections can be held for boundary changes or changing the form of governance of school districts.

Laws affecting school finance

In Illinois, for ballot measures regarding issuing new bonds to levy debt, a ballot measure is required whenever a school district wants to build new or improve existing facilities. Also, if a school district wants to extend an approved levy voter approval is also required. Also, schools are capped on the amount of property taxes a school district can increase. The requirement was approved by the Illinois General Assembly in 2006 that capped property tax increases for school districts and required voter approval for any increases under the law.

Chapter 20 Funding

Any school district in Illinois that has the population of their city less than 500,000 can hold a referendum for funding which is called Chapter 20 funding. Under Chapter 20, an eligible school district can create a working cash or contingency fund. Under Chapter 20, the funding if approved by the voters can be used for paying teacher salaries and pensions along with other expenses that the school district may need to be paid like if they face a civil judgement, etc. A school district can levy via through the ballot measure a "working cash fund" tax not exceed 0.05% of valued property in the district. Any new working cash fund that is created requires voter approval on a simple majority vote.[1]

Property Tax cap formula

Under the Illinois Property Tax Cap Act of 2006, school districts are capped at five percent of the total property tax increase or the increase of percentage set by the Consumer Price Index during the 12‑month calendar year preceding the levy year.

OR

The rate of increase approved by voters set under the law. The property tax cap is set for either a school district's rate of increase is below five percent or the yearly increase in the CPI if the property tax increase is over the mandated five percent cap.[2].

Special elections

Under Illinois law, a special election is considered an emergency referendum. If a school district wants an emergency referendum, school district administrators must petition to a local circuit court judge to allow for an emergency referendum. If a judge grants an emergency referendum, the school district pays all costs incurred for conducting a special election. If a emergency referendum is granted, 20 days public notice must be given before the election.

Conduct of the bond election, limitations, rules

Election dates

In Illinois, school bond elections can be held on even numbered years during the first Tuesday in February or November. In odd numbered years, elections can be held the first Tuesday in February or April. An emergency referendum can be held at any time contingent on the 20 day notice requirement and approval from a judge to hold an emergency referendum.

Wording of measures

The Illinois Compiled Statutes explicitly states the form and wording of ballot measures used for school bond and tax elections. For any school districts that want to levy new taxes for capital improvements, the ballot measure must be formatted as:

Shall School District Number and (county or counties of school district is known and referred to), Illinois, be authorized to levy a new tax for (stating the purpose of the capital improvement) and have an additional tax of ...% of the equalized assessed value of the taxable property therein extended for such purposes?

  • Yes
  • No

For any school district that using a ballot measure under the Illinois Property Tax Referendum Cap Act of 2006 also known as the Property Tax Extension Limitation Law, the ballot measure must be formatted as:

Shall the limiting rate under the Property Tax Extension Limitation Law for School District Number and (county or counties of school district is known and referred to), Illinois, be increased by an additional amount equal to ...% above the limiting rate for levy year ... ( most recent levy year for which the limit rate of the taxing district is known at the time the school board approves the resolution) and be equal to ...% of the equalized assessed value of the taxable property therein for levy year(s) (years in which the increase is applicable, not exceeding 4 consecutive years)?

For any ballot question that involves Illinois Chapter 20 for building a contingency fund, the question must be worded as:

Shall the board of Education of (Insert School District Name) School district number (Insert School District Number and County Name) County, Illinois, be authorized to issue bonds for a working cash fund as provided for by Article 20 of the School Code?

Needed majority

Any referendum in Illinois only requires a simple majority to pass (50 percent plus one).

Required notice of bond election

General elections

For any public question including new building and school bonds, a petition for a referendum must be filed with the respective school board not less than 78 days prior to a regular election to be eligible for submission on the ballot at such election. Petitions for referendums under the Illinois Property Tax Cap Referendum Act of 2006 must be filed with the with the respective school board not more than 10 months nor less than 6 months prior to the election at which such question is to be submitted to the voters.

For any question involving Chapter 20 funding, a series of actions must happen long in advance. First, a school district must issue a resolution must be filed within the normal 78 day period used for issuing bonding. The 78 day period is the minimum. Then a school district must issue a notice in their newspaper to ask the public if anyone wants to petition the district to force a referendum for a Chapter 20 measure. If a minimum of 10 percent of registered voters petition for a Chapter 20 measure within 30 days of the notice, then a mandatory election must happen as long the actions happen before 30 day minimum public notice requirement for referendums in Illinois[5] [6].

List of 2010 Illinois school bond referendums

Illinois had already voted on bond measures during the April 7, 2009 consolidated Spring election[7].

2009 Consolidated Election

Date District Bond Amount/Tax Cap Increase Passed/Failed  % Pass
April 7 Alwood School District-#225 Increase Property Tax Cap to 3.45% from 2.6% Passed
April 7 Arbor Park School District-#145 Increase Property Tax Cap to 3.893% from 3.293% Failed
April 7 Avoca School District-#37 Increase Property Tax Cap .167% to equal 1.639%-(2007-2008 cap) for 2008-2009 Passed
April 7 Ball-Chatham CUSD-#5 Issue bonding to construct a new K-4 Elementary School Passed
April 7 Belle Valley School District-#119 Issue $39.45 million in bonding to construct new facilities Passed
April 7 Bunker Hill CUSD-#8Issue $4 million in bonding to remodel facilities Failed
April 7 Community Consolidated School District-#180Increase Property Tax Cap .2900% to equal 1.8709%-(2007-2008 cap) for 2008-2009 Passed
April 7 Hiawatha CUSD-#426Issue $2.4 million in bonding to build new gymnasium Failed
April 7 Hiawatha CUSD-#426Issue $5 million in bonding to remodel facilities Failed
April 7 New Holland-Middletown ESD-#88Increase Property Tax Cap to 2.750% from 2.000% Passed
April 7 Ridgeland School District-#122Increase approved existing levy from $2,260,643 to $5,260,643 Failed
April 7 St. Charles CUSD-#303Issue $114 million in bonding to build new facilities and improve existing ones Failed
April 7 Sunnybrook School District-#171Increase Property Tax Cap .030% to equal 2.847%-(2007-2008 cap) for 2008-2009 Failed
April 7 Washington CHSD-#308Issue $18.4 million in bonding to remodel high school Failed
April 7 West Chicago ESD-#33Issue $49 million in bonding to remodel school facilities Failed
April 7 Whiteside School District-#115Issue $9.75 million in bonding to build new facilities Failed

Historical Bond Referendums

2008 General Election

The following are results from ballot measures voted on during the November 2, 2008 general election in Illinois[8].

Date District Bond Amount Passed/Failed  % Pass
November 2 Alwood School District-#225 Increase Property Tax Cap to 3.45% from 2.6% Failed
November 2 Besenville ESD-#2 Issue $50 million in bonding to build 2 new Elementary Schools, repair Middle School Failed
November 2 Bunker Hill CUSD-#8 Issue $4 million in bonding to remodel facilities Failed
November 2 Diamond Lake School District-#96Raise property tax cap by 0.44% for 2008, 2009, 2010, and 2011 to equal 3.119% (2007 level) Passed
November 2 Durand CUSD-#96Issue $10 million in bonding to remodel school facilities Failed
November 2 East Aurora School District-#131Issue $32 million in bonding for Contingency Funding under Article 20 Passed
November 2 Harvard CUSD-#20Issue $20,701,244 in bonding to improve elementary schools. Passed
November 2 Lockport Township HSD-#205Issue $141.74 million in bonding for capital improvements. Failed
November 2 Mascouth CUSD-#19Issue $55 million in bonding to build new high school. Passed
November 2 Prophetstown-Lyndon-Tampico CUSD-#3Issue $5.5 million in bonding to improve facilities Failed
November 2 Ridgeland School District-#122 Raise property tax cap by 0.7% (2006 rate) to equal 3.807% for 2008 Failed
November 2 Ridgewood CHSD-#234 Raise property tax cap by 0.30% (2006 rate) to equal 1.932% for 2008 Failed
November 2 Warren HSD-#121 Issue $30 million in bonding for capital improvements Passed
November 2 Warrensburg-Latham CUSD-#11 Issue $12 million to repair middle school and high school. Passed

2008 Primary Election

The following are results from ballot measures voted on during the February 5, 2008 primary election in Illinois[9].

Date District Bond Amount Passed/Failed  % Pass
February 5 Ashton-Franklin Center CUSD-#275 Establish a temporary property tax increase 3.50% for years 2009, 2010, 2011, and 2012 Failed
February 5 Big Hollow School District-#38 Issue $10 million in bonding for contingency funding under Article 20 (Illinois Education Code) Passed
February 5 Cass School District-#63 Raise Property Tax Cap by .30% (2006 rate) to equal 2.264% (2007 rate) Failed
February 5 Chaney-Mongoe School District-#88 Issue $1.5 million in bonds for capital improvements. Failed
February 5 (DuPage Co.) Community CSD-#180 Raise Property Tax Cap by .3295% (2006 rate) to equal 1.9435% (2008 rate). Failed
February 5 (DuPage Co.) Community CSD-#89 Issue $24.8 million in bonds to upgrade HVAC systems and asbestos removal. Passed
February 5 (DuPage Co.) Community USD-#200 Issue $58 million for new middle school for site acquisition and construction costs. Passed
February 5 Country Club Hills School District-#160 Issue $8 million in bonds to pay claims levied against the school district in a judgment. Passed
February 5 DeKalb CUSD-#428 Issue $110 million in bonding to repair schools and build a new elementary school. Passed
February 5 (Cook County) Elementary School District-#129 Raise property tax cap by 0.15% above 2006 levy year limit. Failed
February 5 Germantown School District-#60 Raise property tax cap by 1.17%. Failed
February 5 Granite City CUSD-#9Issue $22 million in bonding to repair school facilities. Failed
February 5 Grant CHSD-#124Issue $38.5 million in bonding for a classroom addition. Failed
February 5 Homer CUSD-#33Issue $25.725 million in bonding to build a new elementary school and improve an existing elementary school. Failed
February 5 Iroquois West CUSD-#10 Issue a new levy for a district-wide maintenance and building fund. Failed
February 5 Iroquois West CUSD-#10 Raise Property Tax Cap by 0.75% Failed
February 5 Kaneland CUSD-#302 Issue $65 million in bonding to build a new middle school and replace an existing middle school. Passed
February 5 Lockport Township School District-#205 Issue $153.79 million in bonding to build a new high school and replace an existing high school. Failed
February 5 Marengo Union ECSD-#165 Raise Property Tax Cap by 0.53% (2006 rate) to equal 2.387% for levy years 2007, 2008, 2009, and 2010. Failed
February 5 Minooka CCSD-#201 Issue $54,865,315 in bonding to repair and improve intermediate and elementary school facilities. Passed
February 5 Mundelien ESD-#75 Issue $3.3 million in bonding to install air conditioning at school district facilities Passed
February 5 Mundelien ESD-#75 Issue $6.6 million in bonding to repair and improve existing facilities Passed
February 5 Naperville CUSD-#203 Issue $43 million in bonding to build additions at two high schools and one elementary school. Passed
February 5 Normal CUSD-#5Raise Property Tax Cap to 2.72% from the current rate of 2.62% Passed
February 5 Normal CUSD-#5Issue $96.7 million in bonding to build two new junior high schools and a elementary school Passed
February 5 Peotone CUSD-#207Issue $25 million in bonding to build a new elementary school Failed
February 5 Quincy School District-#172Raise Property Tax Cap to 2.09% Failed
February 5 (Cook Co.) Ridgeland School District-#172Raise Property Tax Cap by 0.7% for 2006 levy year Failed
February 5 (Cook Co.) Ridgeland CHSD-#234Raise Property Tax Cap by 0.30% for 2006 levy year Failed
February 5 Rochester CUSD-#3AIssue $26 million in bonding to construct new middle school Passed
February 5 Rock Island School District-#41 Issue $22 million to repair and improve existing school facilities. Passed
February 5 (Cook Co.) Schiller Park School District-#81 Issue $22.3 million to build a new middle school. Passed
February 5 (Cook Co.) Schiller Park School District-#81 Raise Property Tax Cap by 0.46% for 2006 levy year Passed
February 5 (Cook Co.) School District-#104 Raise Property Tax Cap by 0.60% for 2006 levy year Passed

2007 Consolidated Election

Date District Bond Amount Passed/Failed  % Pass

2006

External links

References

  1. ↑ "Illinois General Assembly" Chapter 20 Funding Statutes(Referenced Statutes 105 ILCS 5/20‑2, 3, 4)
  2. ↑ "Illinois General Assembly" Text of the Illinois Property Tax Cap Act of 2006 (Statute Reference 35 ILCS 200/18‑185)
  3. ↑ "Illinois General Assembly" Text of Illinois Direct Referendum Statutes(Referenced Statute 35 ILCS 200/18‑190)
  4. ↑ "Illinois General Assembly" Text of Illinois Direct Referendum Statutes(Referenced Statute 105 ILCS 5/20‑7)
  5. ↑ "Illinois General Assembly" Illinois Chapter 20 Statutes(Referenced Statute 105 ILCS 5/20‑5)
  6. ↑ "Illinois General Assembly" Text of Illinois Election Code(Referenced Statute 10 ILCS 5/12‑5)
  7. ↑ "Illinois State Board of Education, List of 2009 Referendum Results
  8. ↑ "Illinois State Board of Education", List of 2008 General Election Referendum Results
  9. ↑ "Illinois State Board of Education", List of 2008 Primary Election Referendum Results


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