Rep. Lawrence Walsh, Jr.
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AMENDMENT TO HOUSE BILL 5727
AMENDMENT NO. ______. Amend House Bill 5727 by replacing
everything after the enacting clause with the following:
The Illinois Municipal Code is amended by
adding Section 7-1-5.4 as follows:
(65 ILCS 5/7-1-5.4 new)
Backdoor referendum in certain annexing
(a) Notwithstanding any other provision of law, in any
annexing municipality located within 5 miles of the Midewin
National Tallgrass Prairie and the Abraham Lincoln National
Cemetery that, on or after April 1, 2018, has approved an
ordinance, resolution, or vote authorizing the annexation of
contiguous territory of over 100 acres for a private
development, the annexation is subject to a backdoor referendum
upon the filing of a petition for a referendum meeting the
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requirements of this Section.
(b) A referendum under this Section shall be submitted to
the eligible voters residing in a municipality within 5 miles
of the Midewin National Tallgrass Prairie and the Abraham
Lincoln National Cemetery that has approved an ordinance,
resolution, or vote authorizing the annexation of contiguous
territory of over 100 acres for private development on the
question of whether the municipality's annexation of that
territory shall occur.
(c) Petitions under this Section must contain a total
number of signatures equal in number to at least 50% of the
entire vote cast for all candidates for mayor or president of
the annexing municipality at the last preceding general
municipal election. Petitions shall be filed with the clerk or
secretary of the municipality no later than 30 days following
the municipality's approval of the ordinance, resolution, or
vote authorizing the annexation of contiguous territory and
shall meet the requirements of Section 28-3 of the Election
(d) Upon the filing of a petition meeting the requirements
of subsection (c), the municipality shall not complete the
annexation approved in its ordinance, resolution, or vote until
after a referendum is held. The referendum shall be held at the
general election or municipal election, whichever occurs
first, next following the filing of a petition, provided that
the municipal election is no less than 90 days following the
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date of filing.
(e) Subject to the requirements of Section 16-7 of the
Election Code, the referendum shall be in substantially the
Shall (municipality) annex (area being annexed)?
Votes must be recorded as "yes" or "no".
(f) The referendum is approved and annexation may continue
when a majority of voters residing in the municipality approve
the referendum. If a majority of the voters residing in the
municipality vote against the referendum, the municipality may
not attempt to annex the territory for a period of no less than
2 years from the date it approved the ordinance, resolution, or
vote authorizing the annexation of the territory.
(g) This Section is repealed on January 1, 2023.
This Act takes effect upon