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The purpose of home rule is to allow for local solutions to local issues and problems. A municipality with home rule status can exercise any power and perform any function unless it is specifically prohibited from doing so by state law.
In contrast, a non-home rule municipality may only exercise powers for which express authority is provided by state law. This means that non-home rule communities are dependent on obtaining grants of authority from the General Assembly and Governor.
Home rule status can be achieved in one of two ways: (1) A municipality automatically achieves home rule status when its population exceeds 25,000 residents. If the municipality’s population dips below this threshold, it continues to be home rule, but the clerk is required to certify the question of home rule for submission to the voters at the next general election; and (2) Communities with fewer than 25,001 residents can become home rule by passing a local referendum.
Currently there are 221 home rule communities in Illinois.
In contrast, a non-home rule municipality may only exercise powers for which express authority is provided by state law. This means that non-home rule communities are dependent on obtaining grants of authority from the General Assembly and Governor.
Home rule status can be achieved in one of two ways: (1) A municipality automatically achieves home rule status when its population exceeds 25,000 residents. If the municipality’s population dips below this threshold, it continues to be home rule, but the clerk is required to certify the question of home rule for submission to the voters at the next general election; and (2) Communities with fewer than 25,001 residents can become home rule by passing a local referendum.
Currently there are 221 home rule communities in Illinois.
Are you interested in having a referendum vote to bring the benefits of home rule to your municipality? If so, the Illinois Municipal League has developed a toolkit to help your city, village or town navigate a home rule referendum. The resources include a timeline, proposed budget, FAQs, information session materials, social media outreach posts and graphics and much more. If you are interested in hearing more about the IML home rule toolkit, please email inquiry@iml.org for more information.
The IML home rule toolkit flyer is available via this link.
The IML home rule toolkit flyer is available via this link.
Illinois Constitution
Article VII Section 6. Powers of Home Rule Units
Any municipality which has a population of more than 25,000 are home rule units. Other municipalities may elect by referendum to become home rule entities.
Any municipality which has a population of more than 25,000 are home rule units. Other municipalities may elect by referendum to become home rule entities.
Home Rule Overview
Articles & Analysis
Taxes and Trust: Lessons for Leaders as Illinois’ Constitutional Home Rule Authority Approaches its Fiftieth YearThis briefing offers a summary of major political, policy and legal landmarks related to Home Rule in Illinois. It shows that the state’s 1970 constitution automatically conferred what are regarded as some of the broadest and strongest powers in the nation upon municipalities of more than 25,000 residents.
The Journal of Regional Analysis & Police: Illinois Home Rule: A Case Study in Fiscal Responsibility
This article examines the popular notion that elected officials, particularly at the local level, cannot be trusted with broad powers of taxation; that they are likely to use and perhaps abuse all of the powers of taxation they possess. However, the Illinois experience suggests that, with adequate safeguards, local officials can be trusted with broad based local tax powers.
IML Legal Brief: Rethink Dillon’s Rule
Dillon’s Rule is a construct of common law that articulates that a local government has only those powers that are granted to it by the state.
Legal Opinions
Home Rule Case SummariesSummaries of court and Attorney General opinions interpreting home rule authority.
Other Resources
Model Resolution: Home Rule Referendum: Cease Being a Home Rule UnitAs a result of the 2020 Census, communities, which are currently home rule via population, that fall below 25,001 inhabitants are required to submit a question to the voters asking if the community shall cease to be a home rule unit. As a resource for our members, IML has drafted a model resolution. As with any ordinance or resolution, IML recommends reviewing the document and other procedures required with retained legal counsel prior to taking any action.
Home Rule Chapter from the Illinois Municipal Handbook (2021)
Frequently Asked Questions
The 2020 Census and Home Rule Fact Sheet
List of Home Rule Municipalities
Maps and Spreadsheets
Current Home Rule Municipalities in Illinois
Map
Spreadsheet
This spreadsheet identifies current home rule municipalities’ population and county. It also indicates whether they achieved home rule status through population or referendum.
Spreadsheet
This spreadsheet identifies current home rule municipalities’ population and county. It also indicates whether they achieved home rule status through population or referendum.
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