State of Illinois
92nd General Assembly
Legislation

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92_SB0894

 
                                               LRB9205484JMcs

 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    Section 28-3 as follows:

 6        (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
 7        Sec.   28-3.  Form   of  petition  for  public  question.
 8    Petitions  for  the  submission  of  public  questions  shall
 9    consist of sheets  of  uniform  size  and  each  sheet  shall
10    contain,  above  the  space  for  signature,  an  appropriate
11    heading,  giving the information as to the question of public
12    policy to be submitted, and specifying the state at large  or
13    the   political   subdivision  or  district  or  precinct  or
14    combination of precincts or other territory in which it is to
15    be submitted and, where by law the public  question  must  be
16    submitted  at a particular election, the election at which it
17    is to be submitted.  In  the  case  of  a  petition  for  the
18    submission  of  a public question described in subsection (b)
19    of Section 28-6, the heading shall also specify  the  regular
20    election at which the question is to be submitted and include
21    the  precincts included in the territory concerning which the
22    public question is to be  submitted,  as  well  as  a  common
23    description of such territory in plain and nonlegal language,
24    such  description  to  describe the territory by reference to
25    streets, natural or artificial landmarks,  addresses  or  any
26    other  method which would enable a voter signing the petition
27    to be informed of the territory concerning which the question
28    is to be submitted.  The heading of each sheet shall  be  the
29    same.  Such petition shall be signed by the registered voters
30    of the political  subdivision  or  district  or  precinct  or
31    combination  of  precincts  in  which  the question of public
 
                            -2-                LRB9205484JMcs
 1    policy is to be submitted in their own proper  persons  only,
 2    and  opposite  the  signature  of  each  signer his residence
 3    address shall be written or printed, which residence  address
 4    shall include the street address or rural route number of the
 5    signer,  as  the case may be, as well as the signer's county,
 6    and city, village or  town,  and  state;  provided  that  the
 7    county  or  city,  village or town, and state of residence of
 8    such electors may be printed on the petition forms where  all
 9    of  the such electors signing the petition reside in the same
10    county  or  city,  village  or  town,  and  state.   Standard
11    abbreviations may be used in writing the  residence  address,
12    including  street number, if any. No signature shall be valid
13    or be counted in considering the validity or  sufficiency  of
14    such  petition  unless  the  requirements of this Section are
15    complied with.
16        At the bottom of each sheet of  such  petition  shall  be
17    added a statement, signed by a registered voter, who has been
18    a registered Illinois voter at all times he or she circulated
19    the  petition,  of  the  political subdivision or district or
20    precinct or combination of precincts in which the question of
21    public policy is to be submitted, stating the street  address
22    or  rural  route  number of the voter, as the case may be, as
23    well as the voter's county, and city, village  or  town,  and
24    state  certifying  that  the  signatures on that sheet of the
25    petition were signed in his presence  and  are  genuine,  and
26    that  to  the best of his knowledge and belief the persons so
27    signing were at the time of signing the  petition  registered
28    voters  of  the political subdivision or district or precinct
29    or combination of precincts in which the question  of  public
30    policy   is   to  be  submitted  and  that  their  respective
31    residences are correctly stated therein. Such statement shall
32    be sworn to before  some  officer  authorized  to  administer
33    oaths  in  this State. The requirement that the circulator of
34    the petition be a registered voter, at all times  he  or  she
 
                            -3-                LRB9205484JMcs
 1    circulated   the  petition,  of  the  political  subdivision,
 2    district, precinct, or combination of precincts in which  the
 3    question  of public policy is to be submitted shall not apply
 4    in the case of a petition  relating  to  territory  within  a
 5    municipality  of  500,000  or  more  population and submitted
 6    pursuant to Section 9-4 of the Liquor Control Act of 1934.
 7        Such sheets, before being filed with the  proper  officer
 8    or  board shall be bound securely and numbered consecutively.
 9    The sheets shall not be fastened by pasting them together end
10    to end, so as to  form  a  continuous  strip  or  roll.   All
11    petition  sheets  which  are  filed  with  the  proper  local
12    election  officials,  election authorities or the State Board
13    of Elections shall be the original  sheets  which  have  been
14    signed   by  the  voters  and  by  the  circulator,  and  not
15    photocopies or duplicates of such sheets.  A  petition,  when
16    presented or filed, shall not be withdrawn, altered, or added
17    to, and no signature shall be revoked except by revocation in
18    writing  presented  or  filed  with the board or officer with
19    whom the petition is required to be presented or  filed,  and
20    before  the presentment or filing of such petition, except as
21    may otherwise be provided in another statute which  authorize
22    the public question. Whoever forges any name of a signer upon
23    any  petition  shall  be  deemed  guilty of a forgery, and on
24    conviction thereof, shall be punished accordingly.
25        In addition to the  foregoing  requirements,  a  petition
26    proposing  an  amendment  to  Article  IV of the Constitution
27    pursuant to Section 3 of Article XIV of the Constitution or a
28    petition  proposing  a  question  of  public  policy  to   be
29    submitted  to  the  voters  of  the  entire State shall be in
30    conformity with the requirements  of  Section  28-9  of  this
31    Article.
32        If  multiple sets of petitions for submission of the same
33    public questions are filed, the  State  Board  of  Elections,
34    appropriate  election  authority  or  local election official
 
                            -4-                LRB9205484JMcs
 1    where the petitions are filed shall within  2  business  days
 2    notify  the proponent of his or her multiple petition filings
 3    and that proponent has 3 business days after receipt  of  the
 4    notice  to  notify  the State Board of Elections, appropriate
 5    election authority or local election official that he or  she
 6    may  cancel  prior  sets  of  petitions.    If  the proponent
 7    notifies the State Board of Elections,  appropriate  election
 8    authority  or  local  election  official,  the  last  set  of
 9    petitions  filed shall be the only petitions to be considered
10    valid by the State Board of Elections,  appropriate  election
11    authority or local election official.  If the proponent fails
12    to  notify the State Board of Elections, appropriate election
13    authority or local election official then only the first  set
14    of   petitions  filed  shall  be  valid  and  all  subsequent
15    petitions shall be void.
16    (Source: P.A. 91-57, eff. 6-30-99.)

17        Section 99.  Effective date.  This Act takes effect  upon
18    becoming law.

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