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Board debates whether April term‑limit question was binding; attorney to research Illinois code and timing

Village Board of River Forest · September 8, 2025

Summary

Trustees and the village attorney debated whether an April 1, 2025 citizen‑initiated term‑limit question was binding or advisory, discussed options for a board‑initiated binding referendum or an ordinance, and asked the attorney to research Illinois Municipal Code section 65/3.1‑10‑17 and produce revised confidential guidance and a public synopsis.

The Village Board held a detailed discussion about a citizen‑initiated term‑limit question that appeared on the April 1, 2025 ballot and whether that ballot question is legally binding or only advisory. Village Attorney Lance Molina told the board there is ambiguity in the petition language and noted that, in his view, a court could rule that an ambiguous citizen petition should not appear as a binding referendum. He recommended the board consider a board‑initiated binding referendum with clear statutory language if the goal is to create enforceable term limits.

Molina said, "there's a question as to what was approved on April 1st, 2025," and explained that, because the petition was citizen initiated and the language may have been ambiguous, a challenge could arise. Trustees discussed options including (1) leaving the election result as is, (2) placing a clarified, board‑initiated binding referendum on a future ballot, or (3) adopting an ordinance if state law permits. Counsel and trustees identified possible election dates and deadlines: the March 2026 primary (submission/deadline cited as Dec. 29), the November 2026 general election (the board would need to adopt an ordinance by Aug. 17, 2026 to appear on that ballot), or the local April 2027 election; counsel emphasized that any term limits would have to be prospective so they could not be applied retroactively to already‑served terms, with an earliest effective start of May 2027 for newly elected officials.

Trustees asked counsel to examine whether the Illinois Municipal Code (cited in discussion as 65/3.1‑10‑17) and home‑rule considerations allow the board to adopt term limits by ordinance, or whether a binding referendum remains the required path in practice. The board directed Attorney Molina to research the statutory language, update his confidential memo to include the full range of legal options and risks, and return with analysis and a public synopsis the board could release to voters.

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