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Public Act 094-0030
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| SB1637 Enrolled |
SRS094 00007 JEJ 30007 b |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing Section |
28-2 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 |
Section, petitions
for the submission of public questions to |
referendum must be filed with the
appropriate officer or board |
not less than 78 days prior to a regular
election to be |
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 |
of the
Property Tax Code must be filed with the appropriate |
officer or board not more
than 10 months nor less than 6 months |
prior to the election at which such
question is to be submitted |
to the voters.
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(b) However, petitions for the submission of a public |
question to
referendum which proposes the creation or formation |
of a political
subdivision must be filed with the appropriate |
officer or board not less
than 108 days prior to a regular |
election to be eligible for submission on
the ballot at such |
election.
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(c) Resolutions or ordinances of governing boards of |
political
subdivisions which initiate the submission of public |
questions pursuant
to law must be adopted not less than 65 days |
before a regularly scheduled
election to be eligible for |
submission on the ballot at such election.
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(d) A petition, resolution or ordinance initiating the |
submission of a
public question may specify a regular election |
at which the question is
to be submitted, and must so specify |
if the statute authorizing the
public question requires |
submission at a particular election. However,
no petition, |
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resolution or ordinance initiating the submission of a
public |
question, other than a legislative resolution initiating an
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amendment to the Constitution, may specify such submission at |
an
election more than one year after the date on which it is |
filed or
adopted, as the case may be. A petition, resolution or |
ordinance
initiating a public question which specifies a |
particular election at
which the question is to be submitted |
shall be so limited, and shall not
be valid as to any other |
election, other than an emergency referendum
ordered pursuant |
to Section 2A-1.4.
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(e) If a petition initiating a public question does not |
specify a
regularly scheduled election, the public question |
shall be submitted to
referendum at the next regular election |
occurring not less than 78 days
after the filing of the |
petition, or not less than 108 days after the
filing of a |
petition for referendum to create a political subdivision. If
a |
resolution or ordinance initiating a public question does not |
specify a
regularly scheduled election, the public question |
shall be submitted to
referendum at the next regular election |
occurring not less than 65 days
after the adoption of the |
resolution or ordinance.
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(f) In the case of back door referenda, any limitations in |
another
statute authorizing such a referendum which restrict |
the time in which
the initiating petition may be validly filed |
shall apply to such
petition, in addition to the filing |
deadlines specified in this Section
for submission at a |
particular election. In the case of any back door
referendum, |
the publication of the ordinance or resolution of the political
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subdivision shall include a notice of (1) the specific number |
of voters
required to sign a petition requesting that a public |
question be submitted
to the voters of the subdivision; (2) the |
time within which the petition must
be filed; and (3) the date |
of the prospective referendum. The secretary or
clerk of the |
political subdivision shall provide a petition form to any
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individual requesting one. The legal sufficiency of that form, |
if provided by the secretary or clerk of the political |
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subdivision, cannot be the basis of a challenge to placing the |
back door referendum on the ballot. As used herein, a "back |
door
referendum" is the submission of a public question to the |
voters of a
political subdivision, initiated by a petition of |
voters or residents of
such political subdivision, to determine |
whether an action by the
governing body of such subdivision |
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 |
than appointed
must have attached to it an affidavit attesting |
that at least 108 days and
no more than 138 days prior to such |
election notice of intention to file
such petition was |
published in a newspaper published within the proposed
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political subdivision, or if none, in a newspaper of general |
circulation
within the territory of the proposed political |
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 |
that a petition
will or has been filed in the Office |
of............requesting a referendum
to establish a |
new........, to be called the............
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*The officers of the new...........will be elected on the |
same day as the
referendum. Candidates for the governing board |
of the new......may file
nominating petitions with the officer |
named above until...........
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The territory proposed to comprise the new........is |
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 |
required notice
with the correct information contained therein |
shall render the petition,
and any referendum held pursuant to |
such petition, null and void.
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Notwithstanding the foregoing provisions of this |
subsection (g) or any
other provisions of this Code, the |
publication of notice and affidavit
requirements of this |
subsection (g) shall not apply to any petition filed
under |
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 |
petition filed under
any of those Articles nor any referendum |
held pursuant to any such petition
shall be rendered null and |
void because of the failure to file an affidavit
or publish a |
notice with respect to the petition or referendum as required
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under this subsection (g) for petitions that are not filed |
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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Section 99. Effective date. This Act takes effect upon |
becoming law.
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