Rep. Emanuel Chris Welch

Filed: 3/21/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 530

2    AMENDMENT NO. ______. Amend House Bill 530 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 28-1 and 28-2 and by adding Article 28A as follows:
 
6    (10 ILCS 5/28-1)  (from Ch. 46, par. 28-1)
7    Sec. 28-1. The initiation and submission of all public
8questions to be voted upon by the electors of the State or of
9any political subdivision or district or precinct or
10combination of precincts shall be subject to the provisions of
11this Article.
12    Questions of public policy which have any legal effect
13shall be submitted to referendum only as authorized by a
14statute which so provides or by the Constitution. Advisory
15questions of public policy shall be submitted to referendum
16pursuant to Section 28-5 or pursuant to a statute which so

 

 

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1provides.
2    The method of initiating the submission of a public
3question shall be as provided by the statute authorizing such
4public question, or as provided by the Constitution.
5    All public questions shall be initiated, submitted and
6printed on the ballot in the form required by Section 16-7 of
7this Act, except as may otherwise be specified in the statute
8authorizing a public question.
9    Whenever a statute provides for the initiation of a public
10question by a petition of electors, the provisions of such
11statute shall govern with respect to the number of signatures
12required, the qualifications of persons entitled to sign the
13petition, the contents of the petition, the officer with whom
14the petition must be filed, and the form of the question to be
15submitted. If such statute does not specify any of the
16foregoing petition requirements, the corresponding petition
17requirements of Section 28-6 shall govern such petition.
18    Irrespective of the method of initiation, not more than 3
19public questions other than (a) back door referenda, (b)
20referenda to determine whether a disconnection may take place
21where a city coterminous with a township is proposing to annex
22territory from an adjacent township, (c) referenda held under
23the provisions of the Property Tax Extension Limitation Law in
24the Property Tax Code, (d) referenda held under Section 2-3002
25of the Counties Code, or (e) referenda held under Article 22,
2623, or 29 of the Township Code, or (f) referenda pursuant to

 

 

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1Article 28A of this Code may be submitted to referendum with
2respect to a political subdivision at the same election.
3    If more than 3 propositions are timely initiated or
4certified for submission at an election with respect to a
5political subdivision, the first 3 validly initiated, by the
6filing of a petition or by the adoption of a resolution or
7ordinance of a political subdivision, as the case may be, shall
8be printed on the ballot and submitted at that election.
9However, except as expressly authorized by law not more than
10one proposition to change the form of government of a
11municipality pursuant to Article VII of the Constitution may be
12submitted at an election. If more than one such proposition is
13timely initiated or certified for submission at an election
14with respect to a municipality, the first validly initiated
15shall be the one printed on the ballot and submitted at that
16election.
17    No public question shall be submitted to the voters of a
18political subdivision at any regularly scheduled election at
19which such voters are not scheduled to cast votes for any
20candidates for nomination for, election to or retention in
21public office, except that if, in any existing or proposed
22political subdivision in which the submission of a public
23question at a regularly scheduled election is desired, the
24voters of only a portion of such existing or proposed political
25subdivision are not scheduled to cast votes for nomination for,
26election to or retention in public office at such election, but

 

 

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1the voters in one or more other portions of such existing or
2proposed political subdivision are scheduled to cast votes for
3nomination for, election to or retention in public office at
4such election, the public question shall be voted upon by all
5the qualified voters of the entire existing or proposed
6political subdivision at the election.
7    Not more than 3 advisory public questions may be submitted
8to the voters of the entire state at a general election. If
9more than 3 such advisory propositions are initiated, the first
103 timely and validly initiated shall be the questions printed
11on the ballot and submitted at that election; provided however,
12that a question for a proposed amendment to Article IV of the
13Constitution pursuant to Section 3, Article XIV of the
14Constitution, or for a question submitted under the Property
15Tax Cap Referendum Law, shall not be included in the foregoing
16limitation.
17(Source: P.A. 100-107, eff. 1-1-18.)
 
18    (10 ILCS 5/28-2)  (from Ch. 46, par. 28-2)
19    Sec. 28-2. (a) Except as otherwise provided in this Section
20or Article 28A, petitions for the submission of public
21questions to referendum must be filed with the appropriate
22officer or board not less than 92 days prior to a regular
23election to be eligible for submission on the ballot at such
24election; and petitions for the submission of a question under
25Section 18-120 or Section 18-206 of the Property Tax Code must

 

 

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1be filed with the appropriate officer or board not more than 10
2months nor less than 6 months prior to the election at which
3such question is to be submitted to the voters.
4    (b) However, petitions for the submission of a public
5question to referendum which proposes the creation or formation
6of a political subdivision must be filed with the appropriate
7officer or board not less than 122 days prior to a regular
8election to be eligible for submission on the ballot at such
9election.
10    (c) Resolutions or ordinances of governing boards of
11political subdivisions which initiate the submission of public
12questions pursuant to law must be adopted not less than 79 days
13before a regularly scheduled election to be eligible for
14submission on the ballot at such election.
15    (d) A petition, resolution or ordinance initiating the
16submission of a public question may specify a regular election
17at which the question is to be submitted, and must so specify
18if the statute authorizing the public question requires
19submission at a particular election. However, no petition,
20resolution or ordinance initiating the submission of a public
21question, other than a legislative resolution initiating an
22amendment to the Constitution, may specify such submission at
23an election more than one year, or 15 months in the case of a
24back door referendum as defined in subsection (f), after the
25date on which it is filed or adopted, as the case may be. A
26petition, resolution or ordinance initiating a public question

 

 

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1which specifies a particular election at which the question is
2to be submitted shall be so limited, and shall not be valid as
3to any other election, other than an emergency referendum
4ordered pursuant to Section 2A-1.4.
5    (e) If a petition initiating a public question does not
6specify a regularly scheduled election, the public question
7shall be submitted to referendum at the next regular election
8occurring not less than 92 days after the filing of the
9petition, or not less than 122 days after the filing of a
10petition for referendum to create a political subdivision. If a
11resolution or ordinance initiating a public question does not
12specify a regularly scheduled election, the public question
13shall be submitted to referendum at the next regular election
14occurring not less than 79 days after the adoption of the
15resolution or ordinance.
16    (f) In the case of back door referenda, any limitations in
17another statute authorizing such a referendum which restrict
18the time in which the initiating petition may be validly filed
19shall apply to such petition, in addition to the filing
20deadlines specified in this Section for submission at a
21particular election. In the case of any back door referendum,
22the publication of the ordinance or resolution of the political
23subdivision shall include a notice of (1) the specific number
24of voters required to sign a petition requesting that a public
25question be submitted to the voters of the subdivision; (2) the
26time within which the petition must be filed; and (3) the date

 

 

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1of the prospective referendum. The secretary or clerk of the
2political subdivision shall provide a petition form to any
3individual requesting one. The legal sufficiency of that form,
4if provided by the secretary or clerk of the political
5subdivision, cannot be the basis of a challenge to placing the
6back door referendum on the ballot. As used herein, a "back
7door referendum" is the submission of a public question to the
8voters of a political subdivision, initiated by a petition of
9voters or residents of such political subdivision, to determine
10whether an action by the governing body of such subdivision
11shall be adopted or rejected.
12    (g) A petition for the incorporation or formation of a new
13political subdivision whose officers are to be elected rather
14than appointed must have attached to it an affidavit attesting
15that at least 122 days and no more than 152 days prior to such
16election notice of intention to file such petition was
17published in a newspaper published within the proposed
18political subdivision, or if none, in a newspaper of general
19circulation within the territory of the proposed political
20subdivision in substantially the following form:
21
NOTICE OF PETITION TO FORM A NEW........
22    Residents of the territory described below are notified
23that a petition will or has been filed in the Office
24of............requesting a referendum to establish a
25new........, to be called the............
26    *The officers of the new...........will be elected on the

 

 

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1same day as the referendum. Candidates for the governing board
2of the new......may file nominating petitions with the officer
3named above until...........
4    The territory proposed to comprise the new........is
5described as follows:
6        (description of territory included in petition)
7        (signature)....................................
8        Name and address of person or persons proposing
9        the new political subdivision.
10    * Where applicable.
11    Failure to file such affidavit, or failure to publish the
12required notice with the correct information contained therein
13shall render the petition, and any referendum held pursuant to
14such petition, null and void.
15    Notwithstanding the foregoing provisions of this
16subsection (g) or any other provisions of this Code, the
17publication of notice and affidavit requirements of this
18subsection (g) shall not apply to any petition filed under
19Article 7 or 11E of the School Code nor to any referendum held
20pursuant to any such petition, and neither any petition filed
21under any of those Articles nor any referendum held pursuant to
22any such petition shall be rendered null and void because of
23the failure to file an affidavit or publish a notice with
24respect to the petition or referendum as required under this
25subsection (g) for petitions that are not filed under any of
26those Articles of the School Code.

 

 

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1(Source: P.A. 100-465, eff. 8-31-17.)
 
2    (10 ILCS 5/Art. 28A heading new)
3
ARTICLE 28A. ETHICS INITIATIVES

 
4    (10 ILCS 5/28A-1 new)
5    Sec. 28A-1. Local government binding initiative petition
6and referendum.
7    (a) The electors of any unit of local government may pass,
8by initiative petition and referendum in the manner prescribed
9by this Article, a binding ordinance relating to ethical
10standards that the corporate authorities of their unit of local
11government are empowered to pass.
12    (b) A binding ordinance relating to ethical standards may
13be proposed by a petition signed by the number of electors
14equal to at least 8% of the total votes cast for Governor at
15the last general election in the unit of local government. The
16petition shall contain the text of the proposed ordinance and
17the date of the general or consolidated election at which the
18proposed ordinance is to be submitted, shall have been signed
19by petitioning electors not more than 12 months preceding the
20general or consolidated election, and shall be filed with the
21clerk of the unit of local government at least 108 days before
22that general or consolidated election.
23    (c) If the corporate authorities of the unit of local
24government, without amendment, pass the binding ordinance

 

 

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1proposed by such a petition filed with the unit of local
2government's clerk not less than 78 days prior to the general
3or consolidated election at which the petition specifies the
4proposed binding ordinance is to be submitted, then the
5proposed binding ordinance shall not be submitted to the
6electors of the unit of local government.
7    (d) Except as otherwise provided in this Article, petitions
8filed under this Article shall be governed by Article 28 of the
9Election Code.
10    (e) If no objection to a petition filed under subsection
11(b) is filed within 5 business days after that petition is
12filed or if an objection is filed and the appropriate electoral
13official or board rules the petition sufficient, then the clerk
14of the unit of local government shall submit the petition to
15the election official or board for the unit of local
16government, and the election official or board shall order the
17proposed ordinance submitted to the electors of the unit of
18local government at the election specified in the petition.
19    (f) If, after the election official or board of the unit of
20local government orders the proposed ordinance to be submitted
21to the electors of the unit of local government, it determines
22that the proposed ordinance is too long to be printed in its
23entirety on the ballot, it shall ask the clerk of the unit of
24local government to provide a concise statement of its nature.
25The election official or board shall then cause either the
26entire proposed ordinance or the concise statement to be

 

 

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1printed on the ballot together with a question permitting the
2elector to indicate approval or disapproval of adoption of the
3proposed ordinance.
4    (g) If a majority of those voting on the proposed ordinance
5indicate approval of its adoption, it shall be passed and have
6the same effect as if it had been passed by the corporate
7authorities of the unit of local government, except as provided
8in subsection (h).
9    (h) Ordinances adopted under this Article, either by
10approval of electors at an election or by passage by the
11corporate authorities under subsection (c), shall not be
12repealed or amended within 4 years after adoption except by
13vote of the electors.
14    (i) The corporate authorities of a unit of local government
15may submit to its electorate a proposition to repeal or amend
16an ordinance adopted under this Article at any election in
17conformance with Article 28 of this Code.".