95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5112


 
Introduced , by Rep. Mike Boland
 
SYNOPSIS AS INTRODUCED:
 		














10 ILCS 5/28-6
  from Ch. 46, par. 28-6







    Amends the Election Code.  Makes the minimum petition signature requirement for local public questions 6% of the total votes cast for all gubernatorial candidates at the most recent gubernatorial election by the voters of the political subdivision (now, 8% of such votes with respect to questions at elections in 2008 and, with respect to questions at elections in 2009 and later, 11% of the total ballots cast by voters in the political subdivision at the most recent regular election).
















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A BILL FOR









 











HB5112

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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 
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28-6 as follows:
 



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    (10 ILCS 5/28-6)  (from Ch. 46, par. 28-6)


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    Sec. 28-6. Petitions; filing. 

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    (a) On a written petition signed by a number of voters 
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equal to (i) through the general election in 2008, at least 6%

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8% of the total votes cast for candidates for Governor in the 
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preceding gubernatorial
election by the registered
voters of 
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the municipality, township, county or school district and (ii) 
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beginning with elections in 2009 and thereafter, at least 11% 
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of the total ballots cast by the registered voters of the 
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municipality, township, county, or school district in the last 
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regular election conducted in  the municipality, township, 
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county, or school district,
it
shall be
the duty of the proper 
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election officers to submit any question of
public policy so 
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petitioned for, to the electors of such political subdivision

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at any regular election named in the
petition at which an 
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election is scheduled to be held throughout such political

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subdivision under Article 2A. Such petitions shall be filed 
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with the local
election official of the political subdivision

 


 






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or election authority, as the case may be.
Where such a 
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question is to be submitted to the voters of a municipality

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which has adopted Article 6, or a township or school district 
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located
entirely within the jurisdiction of a municipal board 
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of election
commissioners, such petitions shall be filed with 
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the board of election
commissioners having jurisdiction over 
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the political subdivision.

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    (b) In a municipality with more than 1,000,000
inhabitants, 
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when a question of public policy exclusively concerning
a 
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contiguous territory included entirely within but not 
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coextensive with the
municipality is initiated by resolution or 
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ordinance of the corporate
authorities of the municipality, or 
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by a petition which may be signed by
registered voters who 
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reside in any part of any precinct all or part of
which 
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includes all or part of the territory and who equal in number

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(i) through the general election in 2008 at least 6% 8% of the 
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total votes cast for candidates for Governor in the
preceding 
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gubernatorial election by the voters of
the precinct or 
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precincts in the territory where the question is to be 
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submitted to the voters and (ii) beginning with elections in 
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2009 and thereafter, at least 11% of the total ballots cast at 
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the last regular election conducted in the precinct or 
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precincts in the territory where the question is to be 
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submitted to the voters, it shall
be the duty of the  election 
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authority having jurisdiction over such
municipality to submit 
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such question to the electors throughout each
precinct all or 
 


 






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part of which includes all or part of the
territory at the 
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regular election specified in the resolution, ordinance
or 
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petition initiating the public question.  A petition initiating 
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a public
question described in this
subsection shall be filed 
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with the election authority having jurisdiction
over the 
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municipality.  A resolution, ordinance or petition initiating a 
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public
question described in this subsection shall specify the 
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election at which
the question is to be submitted.

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    (c) Local questions of public policy authorized by this

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Section and statewide questions of public policy authorized by 
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Section 28-9
shall be advisory public questions, and no legal 
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effects shall result
from the adoption or rejection of such 
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propositions.

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    (d) This Section does not apply to a petition filed 
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pursuant to
Article IX of the Liquor Control Act of 1934.

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(Source: P.A. 95-699, eff. 11-9-07.)