093_HB0138enr HB0138 Enrolled LRB093 03373 MKM 04177 b 1 AN ACT in relation to counties. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Election Code is amended by changing 5 Section 28-1 as follows: 6 (10 ILCS 5/28-1) (from Ch. 46, par. 28-1) 7 Sec. 28-1. The initiation and submission of all public 8 questions to be voted upon by the electors of the State or of 9 any political subdivision or district or precinct or 10 combination of precincts shall be subject to the provisions 11 of this Article. 12 Questions of public policy which have any legal effect 13 shall be submitted to referendum only as authorized by a 14 statute which so provides or by the Constitution. Advisory 15 questions of public policy shall be submitted to referendum 16 pursuant to Section 28-5 or pursuant to a statute which so 17 provides. 18 The method of initiating the submission of a public 19 question shall be as provided by the statute authorizing such 20 public question, or as provided by the Constitution. 21 All public questions shall be initiated, submitted and 22 printed on the ballot in the form required by Section 16-7 of 23 this Act, except as may otherwise be specified in the statute 24 authorizing a public question. 25 Whenever a statute provides for the initiation of a 26 public question by a petition of electors, the provisions of 27 such statute shall govern with respect to the number of 28 signatures required, the qualifications of persons entitled 29 to sign the petition, the contents of the petition, the 30 officer with whom the petition must be filed, and the form of 31 the question to be submitted. If such statute does not HB0138 Enrolled -2- LRB093 03373 MKM 04177 b 1 specify any of the foregoing petition requirements, the 2 corresponding petition requirements of Section 28-6 shall 3 govern such petition. 4 Irrespective of the method of initiation, not more than 3 5 public questions other than (a) back door referenda, (b) 6 referenda to determine whether a disconnection may take place 7 where a city coterminous with a township is proposing to 8 annex territory from an adjacent township,or(c) referenda 9 held under the provisions of the Property Tax Extension 10 Limitation Law in the Property Tax Code, or (d) referenda 11 held under Section 2-3002 of the Counties Code may be 12 submitted to referendum with respect to a political 13 subdivision at the same election. 14 If more than 3 propositions are timely initiated or 15 certified for submission at an election with respect to a 16 political subdivision, the first 3 validly initiated, by the 17 filing of a petition or by the adoption of a resolution or 18 ordinance of a political subdivision, as the case may be, 19 shall be printed on the ballot and submitted at that 20 election. However, except as expressly authorized by law not 21 more than one proposition to change the form of government of 22 a municipality pursuant to Article VII of the Constitution 23 may be submitted at an election. If more than one such 24 proposition is timely initiated or certified for submission 25 at an election with respect to a municipality, the first 26 validly initiated shall be the one printed on the ballot and 27 submitted at that election. 28 No public question shall be submitted to the voters of a 29 political subdivision at any regularly scheduled election at 30 which such voters are not scheduled to cast votes for any 31 candidates for nomination for, election to or retention in 32 public office, except that if, in any existing or proposed 33 political subdivision in which the submission of a public 34 question at a regularly scheduled election is desired, the HB0138 Enrolled -3- LRB093 03373 MKM 04177 b 1 voters of only a portion of such existing or proposed 2 political subdivision are not scheduled to cast votes for 3 nomination for, election to or retention in public office at 4 such election, but the voters in one or more other portions 5 of such existing or proposed political subdivision are 6 scheduled to cast votes for nomination for, election to or 7 retention in public office at such election, the public 8 question shall be voted upon by all the qualified voters of 9 the entire existing or proposed political subdivision at the 10 election. 11 Not more than 3 advisory public questions may be 12 submitted to the voters of the entire state at a general 13 election. If more than 3 such advisory propositions are 14 initiated, the first 3 timely and validly initiated shall be 15 the questions printed on the ballot and submitted at that 16 election; provided however, that a question for a proposed 17 amendment to Article IV of the Constitution pursuant to 18 Section 3, Article XIV of the Constitution, or for a question 19 submitted under the Property Tax Cap Referendum Law, shall 20 not be included in the foregoing limitation. 21 (Source: P.A. 88-116; 89-510, eff. 7-11-96.) 22 Section 10. The Counties Code is amended by changing 23 Sections 2-3002 and 2-3003 as follows: 24 (55 ILCS 5/2-3002) (from Ch. 34, par. 2-3002) 25 Sec. 2-3002. Counties with population of less than 26 3,000,000 and with township form of government. 27 (a) Reapportionment required. By July 1, 1971, and each 28 10 years thereafter, the county board of each county having a 29 population of less than 3,000,000 inhabitants and the 30 township form of government shall reapportion its county so 31 that each member of the county board represents the same 32 number of inhabitants. In reapportioning its county, the HB0138 Enrolled -4- LRB093 03373 MKM 04177 b 1 county board shall first determine the size of the county 2 board to be elected, which may consist of not less than 5 nor 3 more than 29 members and may not exceed the size of the 4 county board in that county on October 2, 1969. The county 5 board shall also determine whether board members shall be 6 elected at large from the county or by county board 7 districts. 8 If the chairman of the county board is to be elected by 9 the voters in a county of less than 450,000 population as 10 provided in Section 2-3007, such chairman shall not be 11 counted as a member of the county board for the purpose of 12 the limitations on the size of a county board provided in 13 this Section. 14 (b) Advisory referenda. The voters of a county may 15 advise the county board, through an advisory referendum, on 16 questions concerning (i) the number of members of the county 17 board to be elected, (ii) whether the board members should be 18 elected from single-member districts, multi-member districts, 19 or at-large, (iii) whether voters will have cumulative voting 20 rights in the election of county board members, or (iv) any 21 combination of the preceding 3 questions. The advisory 22 referendum may be initiated either by petition or by 23 ordinance of the county board. A written petition for an 24 advisory referendum authorized by this Section must contain 25 the signatures of at least 8% of the votes cast for 26 candidates for Governor in the preceding gubernatorial 27 election by the registered voters of the county and must be 28 filed with the appropriate election authority. An ordinance 29 initiating an advisory referendum authorized by this Section 30 must be approved by a majority of the members of the county 31 board and must be filed with the appropriate election 32 authority. An advisory referendum initiated under this 33 Section shall be placed on the ballot at the general election 34 designated in the petition or ordinance. HB0138 Enrolled -5- LRB093 03373 MKM 04177 b 1 (Source: P.A. 86-962.) 2 (55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003) 3 Sec. 2-3003. Apportionment plan. (1) If the county board 4 determines that members shall be elected by districts, it 5 shall develop an apportionment plan and specify the number of 6 districts and the number of county board members to be 7 elected from each district and whether voters will have 8 cumulative voting rights in multi-member districts. Each such 9 district: 10 a. Shall be equal in population to each other district; 11 b. Shall be comprised of contiguous territory, as nearly 12 compact as practicable; and 13 c. May divide townships or municipalities only when 14 necessary to conform to the population requirement of 15 paragraph a. of this Section. 16 d. Shall be created in such a manner so that no precinct 17 shall be divided between 2 or more districts, insofar as is 18 practicable. 19 (2) The county board of each county having a population 20 of less than 3,000,000 inhabitants may, if it should so 21 decide, provide within that county for single member 22 districts outside the corporate limits and multi-member 23 districts within the corporate limits of any municipality 24 with a population in excess of 75,000. Paragraphs a, b, c 25 and d of subsection (1) of this Section shall apply to the 26 apportionment of both single and multi-member districts 27 within a county to the extent that compliance with paragraphs 28 a, b, c and d still permit the establishment of such 29 districts, except that the population of any multi-member 30 district shall be equal to the population of any single 31 member district, times the number of members found within 32 that multi-member district. 33 (Source: P.A. 86-962.) HB0138 Enrolled -6- LRB093 03373 MKM 04177 b 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.