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90_SB1210
10 ILCS 5/28-3 from Ch. 46, par. 28-3
Amends the Election Code. Provides that any writing
revoking a signature on a petition for the submission of a
public question shall be notarized. Effective January 1,
1998.
LRB9006655MWpc
LRB9006655MWpc
1 AN ACT to amend the Election Code by changing Section
2 28-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Section 28-3 as follows:
7 (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
8 Sec. 28-3. Petitions for the submission of public
9 questions shall consist of sheets of uniform size and each
10 sheet shall contain, above the space for signature, an
11 appropriate heading, giving the information as to the
12 question of public policy to be submitted, and specifying the
13 state at large or the political subdivision or district or
14 precinct or combination of precincts or other territory in
15 which it is to be submitted and, where by law the public
16 question must be submitted at a particular election, the
17 election at which it is to be submitted. In the case of a
18 petition for the submission of a public question described in
19 subsection (b) of Section 28-6, the heading shall also
20 specify the regular election at which the question is to be
21 submitted and include the precincts included in the territory
22 concerning which the public question is to be submitted, as
23 well as a common description of such territory in plain and
24 nonlegal language, such description to describe the territory
25 by reference to streets, natural or artificial landmarks,
26 addresses or any other method which would enable a voter
27 signing the petition to be informed of the territory
28 concerning which the question is to be submitted. The
29 heading of each sheet shall be the same. Such petition shall
30 be signed by the registered voters of the political
31 subdivision or district or precinct or combination of
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1 precincts in which the question of public policy is to be
2 submitted in their own proper persons only, and opposite the
3 signature of each signer his residence address shall be
4 written or printed, which residence address shall include the
5 street address or rural route number of the signer, as the
6 case may be, as well as the signer's city, village or town;
7 provided that the county or city, village or town, and state
8 of residence of such electors may be printed on the petition
9 forms where all of the such electors signing the petition
10 reside in the same county or city, village or town, and
11 state. Standard abbreviations may be used in writing the
12 residence address, including street number, if any. No
13 signature shall be valid or be counted in considering the
14 validity or sufficiency of such petition unless the
15 requirements of this Section are complied with.
16 At the bottom of each sheet of such petition shall be
17 added a statement, signed by a registered voter, who has been
18 a registered voter at all times he or she circulated the
19 petition, of the political subdivision or district or
20 precinct or combination of precincts in which the question of
21 public policy is to be submitted, stating the street address
22 or rural route number of the voter, as the case may be, as
23 well as the voter's city, village or town, certifying that
24 the signatures on that sheet of the petition were signed in
25 his presence and are genuine, and that to the best of his
26 knowledge and belief the persons so signing were at the time
27 of signing the petition registered voters of the political
28 subdivision or district or precinct or combination of
29 precincts in which the question of public policy is to be
30 submitted and that their respective residences are correctly
31 stated therein. Such statement shall be sworn to before some
32 officer authorized to administer oaths in this State.
33 Such sheets, before being filed with the proper officer
34 or board shall be bound securely and numbered consecutively.
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1 The sheets shall not be fastened by pasting them together end
2 to end, so as to form a continuous strip or roll. All
3 petition sheets which are filed with the proper local
4 election officials, election authorities or the State Board
5 of Elections shall be the original sheets which have been
6 signed by the voters and by the circulator, and not
7 photocopies or duplicates of such sheets. A petition, when
8 presented or filed, shall not be withdrawn, altered, or added
9 to, and no signature shall be revoked except by revocation in
10 writing presented or filed with the board or officer with
11 whom the petition is required to be presented or filed, and
12 before the presentment or filing of such petition, except as
13 may otherwise be provided in another statute which authorize
14 the public question. In order to take effect, any writing
15 revoking a signature on a petition shall be notarized.
16 Whoever forges any name of a signer upon any petition shall
17 be deemed guilty of a forgery, and on conviction thereof,
18 shall be punished accordingly.
19 In addition to the foregoing requirements, a petition
20 proposing an amendment to Article IV of the Constitution
21 pursuant to Section 3 of Article XIV of the Constitution or a
22 petition proposing a question of public policy to be
23 submitted to the voters of the entire State shall be in
24 conformity with the requirements of Section 28-9 of this
25 Article.
26 If multiple sets of petitions for submission of the same
27 public questions are filed, the State Board of Elections,
28 appropriate election authority or local election official
29 where the petitions are filed shall within 2 business days
30 notify the proponent of his or her multiple petition filings
31 and that proponent has 3 business days after receipt of the
32 notice to notify the State Board of Elections, appropriate
33 election authority or local election official that he or she
34 may cancel prior sets of petitions. If the proponent
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1 notifies the State Board of Elections, appropriate election
2 authority or local election official, the last set of
3 petitions filed shall be the only petitions to be considered
4 valid by the State Board of Elections, appropriate election
5 authority or local election official. If the proponent fails
6 to notify the State Board of Elections, appropriate election
7 authority or local election official then only the first set
8 of petitions filed shall be valid and all subsequent
9 petitions shall be void. (Source: P.A. 86-867; 87-1052.)
10 Section 99. Effective date. This Act takes effect
11 January 1, 1998.