IL High Court says county clerks are administrators, not judges, when it comes to checking the legality of proposed referendums
FaceBook page to watch Community Awareness – Concept Plan Distribution Center West Dundee
Dundee Township Foundation Facebook Page
April 1, 2022
Illinois General Assembly passed SB 3215, “Mental Health Validation Act“.
The legislation, which passed unanimously in the Illinois Senate on February 23, was taken up in the Illinois House on Wednesday, March 30, and passed by a vote of 76 to 38.
This proposal, if signed into law by Gov. JB Pritzker, will “validate” referenda to create a 708 Mental Health Board, under the Community Mental Health Act but without Property Tax Extension Limitation Law (PTELL) language legal retroactive to January 1, 1994. Once signed into law, the 708 Mental Health Boards created by referendum going back to the beginning of 1994 up to the date of the law’s enactment, will be validated and exempt from PTELL.
The law validates the last 4 township-level 708 Mental Health Boards created through referendum. Those townships to pass referenda are within the collar counties of DuPage and Kane counties.
They are, in order of referendum passage:
- Bloomingdale Township (DuPage County) in April 2017
- Dundee Township (Kane County) in March 2020
- Elgin Township (Kane County) in March 2020
- Milton Township (DuPage County) in April 2021
You will remember that Kane County Clerk John ‘Jack’ Cunningham thought it was his responsibility to determine if the referendum was valid. But of course he overstepped his administrative duties.
Kane County Clerk Cunningham’s actions were wrong and the residents of Dundee Township will be able to be receive much needed services. Dundee Township passed its 708 Mental Health Board referendum, using language from the Community Mental Health Act on March 17, 2020, by vote count of 4,688 in favor, and 2,489 against.