(10 ILCS 5/2A-1.4) (from Ch. 46, par. 2A-1.4)
Sec. 2A-1.4.
Emergency Referenda - Petition - Approval.
Whenever any
public question is to be submitted pursuant to law, whether by action of
the governing body of a unit of local government or school district, by
petition, or by court order, the governing body of the unit of local
government or school district whose powers or duties are directly
affected by the result of the vote on the public question may petition
the circuit court for an order declaring such proposition to be an
emergency and fixing a date other than a regularly scheduled election
date under Section 2A-1.1 on which a special referendum election shall
be held for the submission of the public question.
The petition shall set forth the public question and the action taken
which requires the submission of the question, the next regularly
scheduled election under Section 2A-1.1 at which the proposition could
otherwise be placed on the ballot, the estimated costs of conducting a
separate special election, and the reasons why an emergency exists to
justify such special election prior to the next ensuing regular
election. The petition must be approved by a majority of the members,
elected or appointed, of the governing body.
The court shall conduct a hearing on the petition. Any resident of
the area in which the referendum is to be conducted may oppose the
petition.
The court may approve the petition for an emergency referendum only
upon a finding, supported by the evidence, that the referendum is
necessitated by an imminent need for approval of additional authority in
order to maintain the operations or facilities of the unit of government
or school district and that such need is due to circumstances beyond the
control of the governing body.
(Source: P.A. 80-2dSS-6.)
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