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90_SB0084sam001
SRS90SB0084NCsaam01
1 AMENDMENT TO SENATE BILL 84
2 AMENDMENT NO. . Amend Senate Bill 84 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to taxes, amending named Acts."; and
5 on page 1, immediately below line 4, by inserting the
6 following:
7 "Section 2. The Election Code is amended, if and only if
8 House Bill 2702 of the 89th General Assembly becomes law, by
9 changing Sections 19-4 and 28-2 as follows:
10 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
11 Sec. 19-4. Mailing or delivery of ballots - Time.)
12 Immediately upon the receipt of such application either by
13 mail, not more than 40 days nor less than 5 days prior to
14 such election, or by personal delivery not more than 40 days
15 nor less than one day prior to such election, at the office
16 of such election authority, it shall be the duty of such
17 election authority to examine the records to ascertain
18 whether or not such applicant is lawfully entitled to vote as
19 requested, and if found so to be, to post within one business
20 day thereafter the name, street address, ward and precinct
21 number or township and district number, as the case may be,
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1 of such applicant given on a list, the pages of which are to
2 be numbered consecutively to be kept by such election
3 authority for such purpose in a conspicuous, open and public
4 place accessible to the public at the entrance of the office
5 of such election authority, and in such a manner that such
6 list may be viewed without necessity of requesting permission
7 therefor, and within 2 business days thereafter to mail,
8 postage prepaid, or deliver in person in such office an
9 official ballot or ballots if more than one are to be voted
10 at said election. Mail delivery of Temporarily Absent
11 Student ballot applications pursuant to Section 19-12.3 shall
12 be by nonforwardable mail. However, for the consolidated
13 election, absentee ballots for certain precincts may be
14 delivered to applicants not less than 25 days before the
15 election if so much time is required to have prepared and
16 printed the ballots containing the names of persons nominated
17 for offices at the consolidated primary. Notwithstanding any
18 provision to the contrary, for purposes of the consolidated
19 election in April, 1997 only, in counties of 180,000 or less
20 that have certified the resolution to impose the Special
21 County Retailers' Occupation Tax for Public Safety to the
22 proper election officials, the absentee ballot may be
23 delivered to applicants not later than 29 days before the
24 election. The election authority shall enclose with each
25 absentee ballot or application a document, written and
26 approved by the State Board of Elections, enumerating the
27 circumstances under which a person is authorized to vote by
28 absentee ballot pursuant to this Article; such document shall
29 also include a statement informing the applicant that if he
30 or she falsifies or is solicited by another to falsify his or
31 her eligibility to cast an absentee ballot, such applicant or
32 other is subject to penalties pursuant to Section 29-10 and
33 Section 29-20 of the Election Code. Each election authority
34 shall maintain a list of the name, street address, ward and
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1 precinct, or township and district number, as the case may
2 be, of all applicants who have returned absentee ballots to
3 such authority, and the name of such absent voter shall be
4 added to such list within one business day from receipt of
5 such ballot. If the absentee ballot envelope indicates that
6 the voter was assisted in casting the ballot, the name of the
7 person so assisting shall be included on the list. The list,
8 the pages of which are to be numbered consecutively, shall be
9 kept by each election authority in a conspicuous, open, and
10 public place accessible to the public at the entrance of the
11 office of the election authority and in a manner that the
12 list may be viewed without necessity of requesting permission
13 for viewing.
14 Each election authority shall maintain a list for each
15 election of the voters to whom it has issued absentee
16 ballots. The list shall be maintained for each precinct
17 within the jurisdiction of the election authority. Prior to
18 the opening of the polls on election day, the election
19 authority shall deliver to the judges of election in each
20 precinct the list of registered voters in that precinct to
21 whom absentee ballots have been issued by mail.
22 Each election authority shall maintain a list for each
23 election of voters to whom it has issued temporarily absent
24 student ballots. The list shall be maintained for each
25 election jurisdiction within which such voters temporarily
26 abide. Immediately after the close of the period during
27 which application may be made by mail for absentee ballots,
28 each election authority shall mail to each other election
29 authority within the State a certified list of all such
30 voters temporarily abiding within the jurisdiction of the
31 other election authority.
32 In the event that the return address of an application
33 for ballot by a physically incapacitated elector is that of a
34 facility licensed or certified under the Nursing Home Care
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1 Act, within the jurisdiction of the election authority, and
2 the applicant is a registered voter in the precinct in which
3 such facility is located, the ballots shall be prepared and
4 transmitted to a responsible judge of election no later than
5 9 a.m. on the Saturday, Sunday or Monday immediately
6 preceding the election as designated by the election
7 authority under Section 19-12.2. Such judge shall deliver in
8 person on the designated day the ballot to the applicant on
9 the premises of the facility from which application was made.
10 The election authority shall by mail notify the applicant in
11 such facility that the ballot will be delivered by a judge of
12 election on the designated day.
13 All applications for absentee ballots shall be available
14 at the office of the election authority for public inspection
15 upon request from the time of receipt thereof by the election
16 authority until 30 days after the election, except during the
17 time such applications are kept in the office of the election
18 authority pursuant to Section 19-7, and except during the
19 time such applications are in the possession of the judges of
20 election.
21 (Source: P.A. 89-653, eff. 8-14-96.)
22 (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
23 Sec. 28-2. (a) Except as otherwise provided in this
24 Section, petitions for the submission of public questions to
25 referendum must be filed with the appropriate officer or
26 board not less than 78 days prior to a regular election to be
27 eligible for submission on the ballot at such election; and
28 petitions for the submission of a question under Section
29 18-120 of the Property Tax Code must be filed with the
30 appropriate officer or board not more than 10 months nor less
31 than 6 months prior to the election at which such question is
32 to be submitted to the voters.
33 (b) However, petitions for the submission of a public
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1 question to referendum which proposes the creation or
2 formation of a political subdivision must be filed with the
3 appropriate officer or board not less than 108 days prior to
4 a regular election to be eligible for submission on the
5 ballot at such election.
6 (c) Resolutions or ordinances of governing boards of
7 political subdivisions which initiate the submission of
8 public questions pursuant to law must be adopted not less
9 than 65 days before a regularly scheduled election to be
10 eligible for submission on the ballot at such election.
11 Notwithstanding any provision to the contrary, for purposes
12 of the consolidated election in April, 1997 only, resolutions
13 to impose the Special County Retailers' Occupation Tax for
14 Public Safety available under Section 5-1006.5 of the
15 Counties Code in counties of 180,000 or less must be adopted
16 and certified to the proper election officials no later than
17 35 days before the election.
18 (d) A petition, resolution or ordinance initiating the
19 submission of a public question may specify a regular
20 election at which the question is to be submitted, and must
21 so specify if the statute authorizing the public question
22 requires submission at a particular election. However, no
23 petition, resolution or ordinance initiating the submission
24 of a public question, other than a legislative resolution
25 initiating an amendment to the Constitution, may specify such
26 submission at an election more than one year after the date
27 on which it is filed or adopted, as the case may be. A
28 petition, resolution or ordinance initiating a public
29 question which specifies a particular election at which the
30 question is to be submitted shall be so limited, and shall
31 not be valid as to any other election, other than an
32 emergency referendum ordered pursuant to Section 2A-1.4.
33 (e) If a petition initiating a public question does not
34 specify a regularly scheduled election, the public question
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1 shall be submitted to referendum at the next regular election
2 occurring not less than 78 days after the filing of the
3 petition, or not less than 108 days after the filing of a
4 petition for referendum to create a political subdivision.
5 If a resolution or ordinance initiating a public question
6 does not specify a regularly scheduled election, the public
7 question shall be submitted to referendum at the next regular
8 election occurring not less than 65 days after the adoption
9 of the resolution or ordinance.
10 (f) In the case of back door referenda, any limitations
11 in another statute authorizing such a referendum which
12 restrict the time in which the initiating petition may be
13 validly filed shall apply to such petition, in addition to
14 the filing deadlines specified in this Section for submission
15 at a particular election. In the case of any back door
16 referendum, the publication of the ordinance or resolution of
17 the political subdivision shall include a notice of (1) the
18 specific number of voters required to sign a petition
19 requesting that a public question be submitted to the voters
20 of the subdivision; (2) the time within which the petition
21 must be filed; and (3) the date of the prospective
22 referendum. The secretary or clerk of the political
23 subdivision shall provide a petition form to any individual
24 requesting one. As used herein, a "back door referendum" is
25 the submission of a public question to the voters of a
26 political subdivision, initiated by a petition of voters or
27 residents of such political subdivision, to determine whether
28 an action by the governing body of such subdivision shall be
29 adopted or rejected.
30 (g) A petition for the incorporation or formation of a
31 new political subdivision whose officers are to be elected
32 rather than appointed must have attached to it an affidavit
33 attesting that at least 108 days and no more than 138 days
34 prior to such election notice of intention to file such
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1 petition was published in a newspaper published within the
2 proposed political subdivision, or if none, in a newspaper of
3 general circulation within the territory of the proposed
4 political subdivision in substantially the following form:
5 NOTICE OF PETITION TO FORM A NEW........
6 Residents of the territory described below are notified
7 that a petition will or has been filed in the Office
8 of............requesting a referendum to establish a
9 new........, to be called the............
10 *The officers of the new...........will be elected on the
11 same day as the referendum. Candidates for the governing
12 board of the new......may file nominating petitions with the
13 officer named above until...........
14 The territory proposed to comprise the new........is
15 described as follows:
16 (description of territory included in petition)
17 (signature)....................................
18 Name and address of person or persons proposing
19 the new political subdivision.
20 * Where applicable.
21 Failure to file such affidavit, or failure to publish the
22 required notice with the correct information contained
23 therein shall render the petition, and any referendum held
24 pursuant to such petition, null and void.
25 Notwithstanding the foregoing provisions of this
26 subsection (g) or any other provisions of this Code, the
27 publication of notice and affidavit requirements of this
28 subsection (g) shall not apply to any petition filed under
29 Article 7A, 11A, 11B, or 11D of the School Code nor to any
30 referendum held pursuant to any such petition, and neither
31 any petition filed under any of those Articles nor any
32 referendum held pursuant to any such petition shall be
33 rendered null and void because of the failure to file an
34 affidavit or publish a notice with respect to the petition or
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1 referendum as required under this subsection (g) for
2 petitions that are not filed under any of those Articles of
3 the School Code.
4 (Source: P.A. 87-185; 88-670, eff. 12-2-94.)".