Trustees approve posting of advisory referendum fact sheet after legal review; residents criticize language as advocacy

The Village Board of Sugar Grove on Jan. 21 voted to post a fact sheet that explains a nonbinding public policy question that will appear on an upcoming ballot. Staff and the village attorney reviewed the draft to ensure it presented factual information and to reduce risk of advocacy.

Scott (village staff) told the board the village cannot take a position on the advisory question but can disseminate factual information; he and the village attorney included statutory citations and sought to avoid wording that could be construed as advocacy or speculative. Scott said staff and the village’s outside attorney reviewed the fact sheet to avoid potential litigation and ensure the content was factual.

During public comment, Jane Cha urged the board not to distribute a fact sheet that could influence voters. Cha said the draft language — which states the village "could be subject to litigation" if certain actions were taken — read like an argument against the measure and could be construed as trying to influence the election. She said the referendum is advisory and that voters should independently research ballot questions.

Trustees discussed limits on what municipal bodies may say about referenda. The village attorney reminded trustees that information must be factual, not advocacy or conclusory, and several trustees asked staff to monitor public questions and responses. After discussion a motion to approve posting the fact sheet as drafted (with attorney/staff review) carried by roll call, 5‑0.

Board members also discussed how other taxing bodies (for example, school districts) handle referenda and whether committees or outside groups may advocate when the municipality itself cannot.

Votes at a glance: motion to post the advisory referendum fact sheet (subject to attorney review) — approved (roll call 5‑0).