093_HB2207eng

 
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 1        AN ACT concerning elections.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Election  Code  is  amended  by  changing
 5    Sections 28-6 and 28-9 as follows:

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

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

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