Rep. Arthur L. Turner
Filed: 4/26/2004
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1 | AMENDMENT TO HOUSE BILL 5818
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2 | AMENDMENT NO. ______. Amend House Bill 5818 by replacing | ||||||
3 | the title with the following: | ||||||
4 | "AN ACT concerning elections."; and | ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
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7 | "Section 5. The Election Code is amended by changing | ||||||
8 | Section 28-1 and by adding Section 28-14 as follows:
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9 | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
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10 | Sec. 28-1. The initiation and submission of all public | ||||||
11 | questions to
be voted upon by the electors of the State or of | ||||||
12 | any political
subdivision or district or precinct or | ||||||
13 | combination of precincts shall be
subject to the provisions of | ||||||
14 | this Article.
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15 | Questions of public policy which have any legal effect | ||||||
16 | shall be
submitted to referendum only as authorized by a | ||||||
17 | statute which so
provides or by the Constitution. Advisory | ||||||
18 | questions of public policy
shall be submitted to referendum | ||||||
19 | pursuant to Section 28-5 or pursuant to
a statute which so | ||||||
20 | provides.
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21 | The method of initiating the submission of a public | ||||||
22 | question shall be
as provided by the statute authorizing such |
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1 | public question, or as
provided by the Constitution.
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2 | All public questions shall be initiated, submitted and | ||||||
3 | printed on the
ballot in the form required by Section 16-7 of | ||||||
4 | this Act, except as may
otherwise be specified in the statute | ||||||
5 | authorizing a public question.
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6 | Whenever a statute provides for the initiation of a public | ||||||
7 | question
by a petition of electors, the provisions of such | ||||||
8 | statute shall govern
with respect to the number of signatures | ||||||
9 | required, the qualifications of
persons entitled to sign the | ||||||
10 | petition, the contents of the petition, the
officer with whom | ||||||
11 | the petition must be filed, and the form of the
question to be | ||||||
12 | submitted. If such statute does not specify any of the
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13 | foregoing petition requirements, the corresponding petition | ||||||
14 | requirements
of Section 28-6 shall govern such petition.
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15 | Irrespective of the method of initiation, not more than 3 | ||||||
16 | public
questions other than (a) back door referenda, (b) | ||||||
17 | referenda to
determine whether a disconnection may take place | ||||||
18 | where a city coterminous
with a township is proposing to annex | ||||||
19 | territory from an adjacent township, (c) referenda held under | ||||||
20 | the provisions of the Property Tax Extension
Limitation Law in | ||||||
21 | the Property Tax Code, or (d) referenda held under
Section | ||||||
22 | 2-3002 of the Counties Code may be submitted to
referendum with | ||||||
23 | respect to a political
subdivision at the same election.
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24 | If more than 3 propositions are timely initiated or | ||||||
25 | certified for
submission at an election with respect to a | ||||||
26 | political subdivision, the
first 3 validly initiated, by the | ||||||
27 | filing of a petition or by the
adoption of a resolution or | ||||||
28 | ordinance of a political subdivision, as the
case may be, shall | ||||||
29 | be printed on the ballot and submitted at that
election. | ||||||
30 | However, except as expressly authorized by law not more than
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31 | one proposition to change the form of government of a | ||||||
32 | municipality
pursuant to Article VII of the Constitution may be | ||||||
33 | submitted at an
election. If more than one such proposition is | ||||||
34 | timely initiated or
certified for submission at an election |
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1 | with respect to a municipality,
the first validly initiated | ||||||
2 | shall be the one printed on the ballot and
submitted at that | ||||||
3 | election.
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4 | No public question shall be submitted to the voters of a | ||||||
5 | political
subdivision at any regularly scheduled election at | ||||||
6 | which such voters are
not scheduled to cast votes for any | ||||||
7 | candidates for nomination for, election
to or retention in | ||||||
8 | public office, except that if, in any existing or proposed
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9 | political subdivision in which the submission of a public | ||||||
10 | question at a
regularly scheduled election is desired, the | ||||||
11 | voters of only a portion of
such existing or proposed political | ||||||
12 | subdivision are not scheduled to cast votes
for nomination for, | ||||||
13 | election to or retention in public office at such election,
but | ||||||
14 | the voters in one or more other portions of such existing or | ||||||
15 | proposed
political subdivision are scheduled to cast votes for | ||||||
16 | nomination for, election
to or retention in public office at | ||||||
17 | such election, the public question shall be
voted upon by all | ||||||
18 | the qualified voters of the entire existing or proposed
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19 | political subdivision at the election.
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20 | Not more than 3 advisory public questions may be submitted | ||||||
21 | to the
voters of the entire state at a general election. If | ||||||
22 | more than 3 such advisory
propositions are initiated, the first | ||||||
23 | 3 timely and validly initiated
shall be the questions printed | ||||||
24 | on the ballot and submitted at that
election; provided however, | ||||||
25 | that a question for a proposed amendment to
Article IV of the | ||||||
26 | Constitution pursuant to Section 3, Article XIV of the
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27 | Constitution, or for a question submitted under the Property | ||||||
28 | Tax Cap
Referendum Law, or a question submitted under Section | ||||||
29 | 28-14 of this Code shall not be included in the foregoing | ||||||
30 | limitation.
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31 | (Source: P.A. 93-308, eff. 7-23-03.)
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32 | (10 ILCS 5/28-14 new) | ||||||
33 | Sec. 28-14. Treatment-on-demand referendum. |
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1 | (a) An advisory referendum on the following question shall | ||||||
2 | be held in every county at the general election in 2004: | ||||||
3 | "Shall the Illinois State Government provide adequate | ||||||
4 | funding for comprehensive and appropriate substance abuse | ||||||
5 | treatment for any Illinois State resident requesting services | ||||||
6 | from a licensed provider, community-based organization, or | ||||||
7 | medical care facility within the State?". | ||||||
8 | Votes shall be recorded as "Yes" or "No".
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9 | (b) The State Board of Elections shall certify the question | ||||||
10 | to the proper election officials who shall submit the question | ||||||
11 | in accordance with the general election law.
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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