Full Text of HB2590 96th General Assembly
HB2590 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2590
Introduced 2/20/2009, by Rep. Paul D. Froehlich SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/28-1 |
from Ch. 46, par. 28-1 |
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Amends the Election Code. Provides that the limit of 3 public questions per election in a political subdivision does not apply when a fourth public question is non-advisory and initiated by electors if the first 3 public questions are advisory propositions initiated by resolution. Effective immediately.
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A BILL FOR
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HB2590 |
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LRB096 11361 JAM 21819 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 28-1 as follows:
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| (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
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| 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 of | 11 |
| this Article.
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| 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.
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| 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.
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| 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 |
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HB2590 |
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LRB096 11361 JAM 21819 b |
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| authorizing a public question.
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| Whenever a statute provides for the initiation of a public | 3 |
| question
by a petition of electors, the provisions of such | 4 |
| statute shall govern
with respect to the number of signatures | 5 |
| required, the qualifications of
persons entitled to sign the | 6 |
| petition, the contents of the petition, the
officer with whom | 7 |
| the petition must be filed, and the form of the
question to be | 8 |
| submitted. If such statute does not specify any of the
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| foregoing petition requirements, the corresponding petition | 10 |
| requirements
of Section 28-6 shall govern such petition.
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| Irrespective of the method of initiation, not more than 3 | 12 |
| public
questions other than (a) back door referenda, (b) | 13 |
| referenda to
determine whether a disconnection may take place | 14 |
| where a city coterminous
with a township is proposing to annex | 15 |
| territory from an adjacent township, (c) referenda held under | 16 |
| the provisions of the Property Tax Extension
Limitation Law in | 17 |
| the Property Tax Code, or (d) referenda held under
Section | 18 |
| 2-3002 of the Counties Code may be submitted to
referendum with | 19 |
| respect to a political
subdivision at the same election , except | 20 |
| as otherwise provided in this Section .
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| If more than 3 propositions are timely initiated or | 22 |
| certified for
submission at an election with respect to a | 23 |
| political subdivision, the
first 3 validly initiated, by the | 24 |
| filing of a petition or by the
adoption of a resolution or | 25 |
| ordinance of a political subdivision, as the
case may be, shall | 26 |
| be printed on the ballot and submitted at that
election. If 3 |
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HB2590 |
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LRB096 11361 JAM 21819 b |
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| advisory propositions have been placed on the ballot by | 2 |
| resolution, however, then a fourth proposition shall be | 3 |
| permitted if a non-advisory public question is subsequently | 4 |
| initiated by petition of electors. However, except as expressly | 5 |
| authorized by law not more than
one proposition to change the | 6 |
| form of government of a municipality
pursuant to Article VII of | 7 |
| the Constitution may be submitted at an
election. If more than | 8 |
| one such proposition is timely initiated or
certified for | 9 |
| submission at an election with respect to a municipality,
the | 10 |
| first validly initiated shall be the one printed on the ballot | 11 |
| and
submitted at that election.
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| No public question shall be submitted to the voters of a | 13 |
| political
subdivision at any regularly scheduled election at | 14 |
| which such voters are
not scheduled to cast votes for any | 15 |
| candidates for nomination for, election
to or retention in | 16 |
| public office, except that if, in any existing or proposed
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| political subdivision in which the submission of a public | 18 |
| question at a
regularly scheduled election is desired, the | 19 |
| voters of only a portion of
such existing or proposed political | 20 |
| subdivision are not scheduled to cast votes
for nomination for, | 21 |
| election to or retention in public office at such election,
but | 22 |
| the voters in one or more other portions of such existing or | 23 |
| proposed
political subdivision are scheduled to cast votes for | 24 |
| nomination for, election
to or retention in public office at | 25 |
| such election, the public question shall be
voted upon by all | 26 |
| the qualified voters of the entire existing or proposed
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LRB096 11361 JAM 21819 b |
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| political subdivision at the election.
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| Not more than 3 advisory public questions may be submitted | 3 |
| to the
voters of the entire state at a general election. If | 4 |
| more than 3 such advisory
propositions are initiated, the first | 5 |
| 3 timely and validly initiated
shall be the questions printed | 6 |
| on the ballot and submitted at that
election; provided however, | 7 |
| that a question for a proposed amendment to
Article IV of the | 8 |
| Constitution pursuant to Section 3, Article XIV of the
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| Constitution, or for a question submitted under the Property | 10 |
| Tax Cap
Referendum Law, shall not be included in the foregoing | 11 |
| limitation.
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| (Source: P.A. 93-308, eff. 7-23-03.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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