Full Text of SB0599 94th General Assembly
SB0599enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 28-2 and 28-5 as follows:
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| (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
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| Sec. 28-2. (a) Except as otherwise provided in this | 8 |
| Section, petitions
for the submission of public questions to | 9 |
| referendum must be filed with the
appropriate officer or board | 10 |
| not less than 78 days prior to a regular
election to be | 11 |
| eligible for submission on the ballot at such election; and
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| petitions for the submission of a question under Section 18-120 | 13 |
| of the
Property Tax Code must be filed with the appropriate | 14 |
| officer or board not more
than 10 months nor less than 6 months | 15 |
| prior to the election at which such
question is to be submitted | 16 |
| to the voters.
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| (b) However, petitions for the submission of a public | 18 |
| question to
referendum which proposes the creation or formation | 19 |
| of a political
subdivision must be filed with the appropriate | 20 |
| officer or board not less
than 108 days prior to a regular | 21 |
| election to be eligible for submission on
the ballot at such | 22 |
| election.
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| (c) Resolutions or ordinances of governing boards of | 24 |
| political
subdivisions which initiate the submission of public | 25 |
| questions pursuant
to law must be adopted not less than 65 days | 26 |
| before a regularly scheduled
election to be eligible for | 27 |
| submission on the ballot at such election.
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| (d) A petition, resolution or ordinance initiating the | 29 |
| submission of a
public question may specify a regular election | 30 |
| at which the question is
to be submitted, and must so specify | 31 |
| if the statute authorizing the
public question requires | 32 |
| submission at a particular election. However,
no petition, |
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| resolution or ordinance initiating the submission of a
public | 2 |
| question, other than a legislative resolution initiating an
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| amendment to the Constitution, may specify such submission at | 4 |
| an
election more than one year , or 15 months in the case of a | 5 |
| back door referendum as defined in subsection (f), after the | 6 |
| date on which it is filed or
adopted, as the case may be. A | 7 |
| petition, resolution or ordinance
initiating a public question | 8 |
| which specifies a particular election at
which the question is | 9 |
| to be submitted shall be so limited, and shall not
be valid as | 10 |
| to any other election, other than an emergency referendum
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| ordered pursuant to Section 2A-1.4.
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| (e) If a petition initiating a public question does not | 13 |
| specify a
regularly scheduled election, the public question | 14 |
| shall be submitted to
referendum at the next regular election | 15 |
| occurring not less than 78 days
after the filing of the | 16 |
| petition, or not less than 108 days after the
filing of a | 17 |
| petition for referendum to create a political subdivision. If
a | 18 |
| resolution or ordinance initiating a public question does not | 19 |
| specify a
regularly scheduled election, the public question | 20 |
| shall be submitted to
referendum at the next regular election | 21 |
| occurring not less than 65 days
after the adoption of the | 22 |
| resolution or ordinance.
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| (f) In the case of back door referenda, any limitations in | 24 |
| another
statute authorizing such a referendum which restrict | 25 |
| the time in which
the initiating petition may be validly filed | 26 |
| shall apply to such
petition, in addition to the filing | 27 |
| deadlines specified in this Section
for submission at a | 28 |
| particular election. In the case of any back door
referendum, | 29 |
| the publication of the ordinance or resolution of the political
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| subdivision shall include a notice of (1) the specific number | 31 |
| of voters
required to sign a petition requesting that a public | 32 |
| question be submitted
to the voters of the subdivision; (2) the | 33 |
| time within which the petition must
be filed; and (3) the date | 34 |
| of the prospective referendum. The secretary or
clerk of the | 35 |
| political subdivision shall provide a petition form to any
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| individual requesting one. As used herein, a "back door
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| referendum" is the submission of a public question to the | 2 |
| voters of a
political subdivision, initiated by a petition of | 3 |
| voters or residents of
such political subdivision, to determine | 4 |
| whether an action by the
governing body of such subdivision | 5 |
| shall be adopted or rejected.
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| (g) A petition for the incorporation or formation of a new
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| political subdivision whose officers are to be elected rather | 8 |
| than appointed
must have attached to it an affidavit attesting | 9 |
| that at least 108 days and
no more than 138 days prior to such | 10 |
| election notice of intention to file
such petition was | 11 |
| published in a newspaper published within the proposed
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| political subdivision, or if none, in a newspaper of general | 13 |
| circulation
within the territory of the proposed political | 14 |
| subdivision in substantially
the following form:
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| NOTICE OF PETITION TO FORM A NEW........
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| Residents of the territory described below are notified | 17 |
| that a petition
will or has been filed in the Office | 18 |
| of............requesting a referendum
to establish a | 19 |
| new........, to be called the............
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| *The officers of the new...........will be elected on the | 21 |
| same day as the
referendum. Candidates for the governing board | 22 |
| of the new......may file
nominating petitions with the officer | 23 |
| named above until...........
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| The territory proposed to comprise the new........is | 25 |
| described as follows:
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| (description of territory included in petition)
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| (signature)....................................
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| Name and address of person or persons proposing
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| the new political subdivision.
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| * Where applicable.
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| Failure to file such affidavit, or failure to publish the | 32 |
| required notice
with the correct information contained therein | 33 |
| shall render the petition,
and any referendum held pursuant to | 34 |
| such petition, null and void.
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| Notwithstanding the foregoing provisions of this | 36 |
| subsection (g) or any
other provisions of this Code, the |
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| publication of notice and affidavit
requirements of this | 2 |
| subsection (g) shall not apply to any petition filed
under | 3 |
| Article 7, 7A, 11A, 11B, or 11D of the School Code nor to any
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| referendum
held pursuant to any such petition, and neither any | 5 |
| petition filed under
any of those Articles nor any referendum | 6 |
| held pursuant to any such petition
shall be rendered null and | 7 |
| void because of the failure to file an affidavit
or publish a | 8 |
| notice with respect to the petition or referendum as required
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| under this subsection (g) for petitions that are not filed | 10 |
| under any of
those Articles of the School Code.
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| (Source: P.A. 90-459, eff. 8-17-97.)
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| (10 ILCS 5/28-5) (from Ch. 46, par. 28-5)
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| Sec. 28-5. Not less than 61 days before a regularly | 14 |
| scheduled
election, each local election official shall certify | 15 |
| the public questions
to be submitted to the voters of or within | 16 |
| his political subdivision at
that election which have been | 17 |
| initiated by petitions filed in his office or
by action of the | 18 |
| governing board of his political subdivision.
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| Not less than 61 days before a regularly scheduled | 20 |
| election, each circuit
court clerk shall certify the public | 21 |
| questions to be submitted to the
voters of a political | 22 |
| subdivision at that election which have been ordered
to be so | 23 |
| submitted by the circuit court pursuant to law. Not less than | 24 |
| 30
days before the date set by the circuit court for the | 25 |
| conduct of an
emergency referendum pursuant to Section 2A-1.4, | 26 |
| the circuit court clerk
shall certify the public question as | 27 |
| herein required.
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| Local election officials and circuit court clerks shall | 29 |
| make their
certifications, as required by this Section, to each | 30 |
| election authority
having jurisdiction over any of the | 31 |
| territory of the respective political
subdivision in which the | 32 |
| public question is to be submitted to referendum.
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| Not less than 61 days before the next regular election, the | 34 |
| county clerk
shall certify the public questions to be submitted | 35 |
| to the voters of the
entire county at that election, which have |
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| been initiated by petitions filed
in his office or by action of | 2 |
| the county board, to the board of election
commissioners, if | 3 |
| any, in his county.
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| Not less than 67 days before the general election,
the | 5 |
| State Board of Elections shall certify any questions proposing | 6 |
| an
amendment to Article IV of the Constitution pursuant to | 7 |
| Section 3, Article
XIV of the Constitution and any advisory | 8 |
| public questions to be submitted
to the voters of the entire | 9 |
| State, which have been initiated by petitions
received or filed | 10 |
| at its office, to the respective county clerks. Not
less than | 11 |
| 61 days before the general election, the
county clerk shall | 12 |
| certify such questions to the board of election
commissioners, | 13 |
| if any, in his county.
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| The certifications shall include the form of the public | 15 |
| question to be
placed on the ballot, the date on which the | 16 |
| public question was initiated
by either the filing of a | 17 |
| petition or the adoption of a resolution or ordinance
by a | 18 |
| governing body, as the case may be, and a certified copy of any | 19 |
| court
order or political subdivision resolution or ordinance | 20 |
| requiring the submission
of the public question. | 21 |
| Certifications of propositions for annexation to,
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| disconnection from, or formation of political subdivisions or | 23 |
| for other
purposes shall include a description of the territory | 24 |
| in which the proposition
is required to be submitted, whenever | 25 |
| such territory is not coterminous
with an existing political | 26 |
| subdivision.
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| The certification of a public question described in | 28 |
| subsection (b) of
Section 28-6 shall include the precincts | 29 |
| included in the territory
concerning which the public question | 30 |
| is to be submitted, as well as a
common description of such | 31 |
| territory, in plain and nonlegal
language, and specify the | 32 |
| election at which the question is to be submitted.
The | 33 |
| description of the territory shall be prepared by the local | 34 |
| election
official as set forth in the resolution or ordinance | 35 |
| initiating the public
question.
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| Whenever a local election official, an election authority, |
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| or the State Board
of Elections is in receipt of an initiating | 2 |
| petition, or a certification
for the submission of a public | 3 |
| question at an election at which the public
question may not be | 4 |
| placed on the ballot or submitted because of the
limitations of | 5 |
| Section 28-1, such officer or board shall give notice of
such | 6 |
| prohibition, by registered mail, as follows:
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| (a) in the case of a petition, to any person designated on | 8 |
| a certificate
attached thereto as the proponent or as the | 9 |
| proponents' attorney for purposes
of notice of objections;
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| (b) in the case of a certificate from a local election | 11 |
| authority, to
such local election authority, who shall | 12 |
| thereupon give notice as provided
in subparagraph (a), or | 13 |
| notify the governing board which adopted the initiating
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| resolution or ordinance;
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| (c) in the case of a certification from a circuit court | 16 |
| clerk of a court
order, to such court, which shall thereupon | 17 |
| give notice as provided in
subparagraph (a) and shall modify | 18 |
| its order in accordance with the provisions of this Act.
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| If the petition, resolution or ordinance initiating such | 20 |
| prohibited public
question did not specify a particular | 21 |
| election for its submission, the officer
or board responsible | 22 |
| for certifying the question to the election authorities
shall | 23 |
| certify or recertify the question, in the manner required | 24 |
| herein, for
submission on the ballot at the next regular | 25 |
| election no more than one year , or 15 months in the case of a | 26 |
| back door referendum as defined in subsection (f) of Section | 27 |
| 28-2,
subsequent to the filing of the initiating petition or | 28 |
| the adoption of the
initiating resolution or ordinance and at | 29 |
| which the public question may
be submitted, and the appropriate | 30 |
| election authorities
shall submit the question at such | 31 |
| election, unless the public question is
ordered submitted as an | 32 |
| emergency referendum pursuant to Section 2A-1.4
or is withdrawn | 33 |
| as may be provided by law.
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| (Source: P.A. 86-875.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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