State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Senate Amendment 001 ]

91_HB1137

 
                                               LRB9103397MWdv

 1        AN ACT to amend the Election Code  by  changing  Sections
 2    28-6 and 28-9.

 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    Sections 28-6 and 28-9 as follows:

 7        (10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
 8        Sec. 28-6.  Petitions; filing.
 9        (a)  On  a  written petition signed by a number of voters
10    equal to at least 8% of the votes  cast  for  candidates  for
11    Governor  in  the  preceding gubernatorial election by 10% of
12    the registered voters  of  the  any  municipality,  township,
13    county  or school district it shall be the duty of the proper
14    election officers to submit any question of public policy  so
15    petitioned for, to the electors of such political subdivision
16    at  any  regular  election  named in the petition at which an
17    election is scheduled to be held  throughout  such  political
18    subdivision  under  Article 2A. Such petitions shall be filed
19    with the local election official of the political subdivision
20    or election authority, as the  case  may  be.  Where  such  a
21    question  is  to be submitted to the voters of a municipality
22    which has adopted Article 6, or a township or school district
23    located entirely within the jurisdiction of a municipal board
24    of election commissioners, such petitions shall be filed with
25    the board of election commissioners having jurisdiction  over
26    the political subdivision.
27        (b)  In   a   municipality   with   more  than  1,000,000
28    inhabitants, when a question  of  public  policy  exclusively
29    concerning  a  contiguous  territory included entirely within
30    but not coextensive with the  municipality  is  initiated  by
31    resolution  or  ordinance of the corporate authorities of the
 
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 1    municipality, or  by  a  petition  which  may  be  signed  by
 2    registered  voters who reside in any part of any precinct all
 3    or part of which includes all or part of  the  territory  and
 4    who  equal  in number at least 8% of the total votes cast for
 5    candidates  for  Governor  in  the  preceding   gubernatorial
 6    election  by  10% of the total number of registered voters of
 7    the precinct or precincts the registered voters of which  are
 8    eligible  to  sign  the petition, it shall be the duty of the
 9    election authority having jurisdiction over such municipality
10    to submit such  question  to  the  electors  throughout  each
11    precinct  all  or  part  of which includes all or part of the
12    territory  at  the  regular   election   specified   in   the
13    resolution,  ordinance  or  petition  initiating  the  public
14    question.   A petition initiating a public question described
15    in this subsection shall be filed with the election authority
16    having jurisdiction over  the  municipality.   A  resolution,
17    ordinance  or petition initiating a public question described
18    in this subsection shall specify the election  at  which  the
19    question is to be submitted.
20        (c)  Local  questions of public policy authorized by this
21    Section and statewide questions of public  policy  authorized
22    by  Section  28-9  shall be advisory public questions, and no
23    legal effects shall result from the adoption or rejection  of
24    such propositions.
25        (d)  This  Section  does  not  apply  to a petition filed
26    pursuant to Article IX of the Liquor Control Act of 1934.
27    (Source: P.A. 84-1467.)

28        (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
29        Sec. 28-9.  Petitions for proposed amendments to  Article
30    IV  of the Constitution pursuant to Section 3, Article XIV of
31    the Constitution shall be signed  by  a  number  of  electors
32    equal  in  number  to at least 8% of the total votes cast for
33    candidates  for  Governor  in  the  preceding   gubernatorial
 
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 1    election.    Such  petition  shall  have  been  signed by the
 2    petitioning electors not more than 24  months  preceding  the
 3    general  election  at  which  the proposed amendment is to be
 4    submitted and shall be filed with the Secretary of  State  at
 5    least 6 months before that general election.
 6        Upon  receipt of a petition for a proposed Constitutional
 7    amendment, the Secretary  of  State  shall,  as  soon  as  is
 8    practicable, but no later than the close of the next business
 9    day, deliver such petition to the State Board of Elections.
10        Petitions  for  advisory questions of public policy to be
11    submitted to the voters of the entire State shall  be  signed
12    by  a  number  of  voters  equal in number to 8% of the total
13    votes cast for  candidates  for  Governor  in  the  preceding
14    gubernatorial  election at least 10% of the registered voters
15    in the State.  Such  petition shall have been signed by  said
16    petitioners not more than 24 months preceding the date of the
17    general election at which the question is to be submitted and
18    shall  be  filed with the State Board of Elections at least 6
19    months before that general election.
20        The proponents of the proposed  Constitutional  amendment
21    or statewide advisory public question shall file the original
22    petition  in  bound  election  jurisdiction  sections.   Each
23    section  shall be composed of consecutively numbered petition
24    sheets containing only the signatures of registered voters of
25    a single election  jurisdiction  and,  at  the  top  of  each
26    petition  sheet,  the name of the election jurisdiction shall
27    be typed or printed in block letters; provided that,  if  the
28    name  of  the  election  jurisdiction  is not so printed, the
29    election jurisdiction of  the  circulator  of  that  petition
30    sheet  shall be controlling with respect to the signatures on
31    that sheet. Any petition sheets not consecutively numbered or
32    which contain duplicate page numbers already  used  on  other
33    sheets,  or  are  photocopies  or  duplicates of the original
34    sheets, shall not be considered part of the petition for  the
 
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 1    purpose  of the random sampling verification and shall not be
 2    counted toward the minimum number of signatures  required  to
 3    qualify  the  proposed  constitutional amendment or statewide
 4    advisory public question for the ballot.
 5        Within 7 business days following the last day for  filing
 6    the  original petition, the proponents shall also file copies
 7    of the sectioned election jurisdiction petition  sheets  with
 8    each proper election authority and obtain a receipt therefor.
 9        For  purposes  of  this Act, the following terms shall be
10    defined and construed as follows:
11        1.  "Board" means the State Board of Elections.
12        2.  "Election Authority" means a county clerk or city  or
13    county board of election commissioners.
14        3.  "Election  Jurisdiction"  means (a) an entire county,
15    in the case of a county in which no city  board  of  election
16    commissioners  is  located or which is under the jurisdiction
17    of  a  county  board  of  election  commissioners;  (b)   the
18    territorial   jurisdiction   of  a  city  board  of  election
19    commissioners; and (c) the territory in a county  outside  of
20    the  jurisdiction  of a city board of election commissioners.
21    In each instance election jurisdiction  shall  be  determined
22    according to which election authority maintains the permanent
23    registration records of qualified electors.
24        4.  "Proponents"    means    any   person,   association,
25    committee, organization or other group, or  their  designated
26    representatives,  who  advocate and cause the circulation and
27    filing of petitions for  a  statewide  advisory  question  of
28    public  policy  or  a  proposed  constitutional amendment for
29    submission at a general election and who has registered  with
30    the Board as provided in this Act.
31        5.  "Opponents" means any person, association, committee,
32    organization    or   other   group,   or   their   designated
33    representatives, who oppose a statewide advisory question  of
34    public  policy  or  a  proposed  constitutional amendment for
 
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 1    submission at a general election and who have registered with
 2    the Board as provided in this Act.
 3    (Source: P.A. 87-1052.)

 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.

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