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| [ Introduced ] | [ Senate Amendment 001 ] |
91_HB1137eng HB1137 Engrossed 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 by10% of12 the registered voters of theanymunicipality, 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 HB1137 Engrossed -2- LRB9103397MWdv 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 by10% ofthe 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 HB1137 Engrossed -3- LRB9103397MWdv 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 electionat least 10% of the registered voters15in 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 HB1137 Engrossed -4- LRB9103397MWdv 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 HB1137 Engrossed -5- LRB9103397MWdv 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.