Full Text of HB4029 96th General Assembly
HB4029 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4029
Introduced 2/26/2009, by Rep. Paul D. Froehlich SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/28-1 |
from Ch. 46, par. 28-1 |
10 ILCS 5/28-2 |
from Ch. 46, par. 28-2 |
10 ILCS 5/Art. 28A heading new |
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10 ILCS 5/28A-1 new |
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Amends the Election Code. Authorizes binding initiatives
to be placed on the ballot by electors of units of local
government.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4029 |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 28-1 and 28-2
and adding Article 28A as follows:
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| (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
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| Sec. 28-1. The initiation and submission of all public | 8 |
| questions to
be voted upon by the electors of the State or of | 9 |
| any political
subdivision or district or precinct or | 10 |
| combination of precincts shall be
subject to the provisions of | 11 |
| this Article.
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| Questions of public policy which have any legal effect | 13 |
| shall be
submitted to referendum only as authorized by a | 14 |
| statute which so
provides or by the Constitution. Advisory | 15 |
| questions of public policy
shall be submitted to referendum | 16 |
| pursuant to Section 28-5 or pursuant to
a statute which so | 17 |
| provides.
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| The method of initiating the submission of a public | 19 |
| question shall be
as provided by the statute authorizing such | 20 |
| public question, or as
provided by the Constitution.
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| All public questions shall be initiated, submitted and | 22 |
| printed on the
ballot in the form required by Section 16-7 of | 23 |
| this Act, except as may
otherwise be specified in the statute |
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| authorizing a public question.
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| Whenever a statute provides for the initiation of a public | 3 |
| question
by a petition of electors, the provisions of such | 4 |
| statute shall govern
with respect to the number of signatures | 5 |
| required, the qualifications of
persons entitled to sign the | 6 |
| petition, the contents of the petition, the
officer with whom | 7 |
| the petition must be filed, and the form of the
question to be | 8 |
| submitted. If such statute does not specify any of the
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| foregoing petition requirements, the corresponding petition | 10 |
| requirements
of Section 28-6 shall govern such petition.
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| Irrespective of the method of initiation, not more than 3 | 12 |
| public
questions other than (a) back door referenda, (b) | 13 |
| referenda to
determine whether a disconnection may take place | 14 |
| where a city coterminous
with a township is proposing to annex | 15 |
| territory from an adjacent township, (c) referenda held under | 16 |
| the provisions of the Property Tax Extension
Limitation Law in | 17 |
| the Property Tax Code, or (d) referenda held under
Section | 18 |
| 2-3002 of the Counties Code , or (e) referenda pursuant to | 19 |
| Article
28A of the Election Code may be submitted to
referendum | 20 |
| with respect to a political
subdivision at the same election.
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| If more than 3 propositions are timely initiated or | 22 |
| certified for
submission at an election with respect to a | 23 |
| political subdivision, the
first 3 validly initiated, by the | 24 |
| filing of a petition or by the
adoption of a resolution or | 25 |
| ordinance of a political subdivision, as the
case may be, shall | 26 |
| be printed on the ballot and submitted at that
election. |
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| However, except as expressly authorized by law not more than
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| one proposition to change the form of government of a | 3 |
| municipality
pursuant to Article VII of the Constitution may be | 4 |
| submitted at an
election. If more than one such proposition is | 5 |
| timely initiated or
certified for submission at an election | 6 |
| with respect to a municipality,
the first validly initiated | 7 |
| shall be the one printed on the ballot and
submitted at that | 8 |
| election.
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| No public question shall be submitted to the voters of a | 10 |
| political
subdivision at any regularly scheduled election at | 11 |
| which such voters are
not scheduled to cast votes for any | 12 |
| candidates for nomination for, election
to or retention in | 13 |
| public office, except that if, in any existing or proposed
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| political subdivision in which the submission of a public | 15 |
| question at a
regularly scheduled election is desired, the | 16 |
| voters of only a portion of
such existing or proposed political | 17 |
| subdivision are not scheduled to cast votes
for nomination for, | 18 |
| election to or retention in public office at such election,
but | 19 |
| the voters in one or more other portions of such existing or | 20 |
| proposed
political subdivision are scheduled to cast votes for | 21 |
| nomination for, election
to or retention in public office at | 22 |
| such election, the public question shall be
voted upon by all | 23 |
| the qualified voters of the entire existing or proposed
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| political subdivision at the election.
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| Not more than 3 advisory public questions may be submitted | 26 |
| to the
voters of the entire state at a general election. If |
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| more than 3 such advisory
propositions are initiated, the first | 2 |
| 3 timely and validly initiated
shall be the questions printed | 3 |
| on the ballot and submitted at that
election; provided however, | 4 |
| that a question for a proposed amendment to
Article IV of the | 5 |
| Constitution pursuant to Section 3, Article XIV of the
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| Constitution, or for a question submitted under the Property | 7 |
| Tax Cap
Referendum Law, shall not be included in the foregoing | 8 |
| limitation.
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| (Source: P.A. 93-308, eff. 7-23-03.)
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| (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
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| Sec. 28-2. (a) Except as otherwise provided in this Section | 12 |
| or Article
28A , petitions
for the submission of public | 13 |
| questions to referendum must be filed with the
appropriate | 14 |
| officer or board not less than 78 days prior to a regular
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| election to be eligible for submission on the ballot at such | 16 |
| election; and
petitions for the submission of a question under | 17 |
| Section 18-120 of the
Property Tax Code must be filed with the | 18 |
| appropriate officer or board not more
than 10 months nor less | 19 |
| than 6 months prior to the election at which such
question is | 20 |
| to be submitted to the voters.
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| (b) However, petitions for the submission of a public | 22 |
| question to
referendum which proposes the creation or formation | 23 |
| of a political
subdivision must be filed with the appropriate | 24 |
| officer or board not less
than 108 days prior to a regular | 25 |
| election to be eligible for submission on
the ballot at such |
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| election.
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| (c) Resolutions or ordinances of governing boards of | 3 |
| political
subdivisions which initiate the submission of public | 4 |
| questions pursuant
to law must be adopted not less than 65 days | 5 |
| before a regularly scheduled
election to be eligible for | 6 |
| submission on the ballot at such election.
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| (d) A petition, resolution or ordinance initiating the | 8 |
| submission of a
public question may specify a regular election | 9 |
| at which the question is
to be submitted, and must so specify | 10 |
| if the statute authorizing the
public question requires | 11 |
| submission at a particular election. However,
no petition, | 12 |
| resolution or ordinance initiating the submission of a
public | 13 |
| question, other than a legislative resolution initiating an
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| amendment to the Constitution, may specify such submission at | 15 |
| an
election more than one year, or 15 months in the case of a | 16 |
| back door referendum as defined in subsection (f), after the | 17 |
| date on which it is filed or
adopted, as the case may be. A | 18 |
| petition, resolution or ordinance
initiating a public question | 19 |
| which specifies a particular election at
which the question is | 20 |
| to be submitted shall be so limited, and shall not
be valid as | 21 |
| to any other election, other than an emergency referendum
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| ordered pursuant to Section 2A-1.4.
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| (e) If a petition initiating a public question does not | 24 |
| specify a
regularly scheduled election, the public question | 25 |
| shall be submitted to
referendum at the next regular election | 26 |
| occurring not less than 78 days
after the filing of the |
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| petition, or not less than 108 days after the
filing of a | 2 |
| petition for referendum to create a political subdivision. If
a | 3 |
| resolution or ordinance initiating a public question does not | 4 |
| specify a
regularly scheduled election, the public question | 5 |
| shall be submitted to
referendum at the next regular election | 6 |
| occurring not less than 65 days
after the adoption of the | 7 |
| resolution or ordinance.
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| (f) In the case of back door referenda, any limitations in | 9 |
| another
statute authorizing such a referendum which restrict | 10 |
| the time in which
the initiating petition may be validly filed | 11 |
| shall apply to such
petition, in addition to the filing | 12 |
| deadlines specified in this Section
for submission at a | 13 |
| particular election. In the case of any back door
referendum, | 14 |
| the publication of the ordinance or resolution of the political
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| subdivision shall include a notice of (1) the specific number | 16 |
| of voters
required to sign a petition requesting that a public | 17 |
| question be submitted
to the voters of the subdivision; (2) the | 18 |
| time within which the petition must
be filed; and (3) the date | 19 |
| of the prospective referendum. The secretary or
clerk of the | 20 |
| political subdivision shall provide a petition form to any
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| individual requesting one. The legal sufficiency of that form, | 22 |
| if provided by the secretary or clerk of the political | 23 |
| subdivision, cannot be the basis of a challenge to placing the | 24 |
| back door referendum on the ballot. As used herein, a "back | 25 |
| door
referendum" is the submission of a public question to the | 26 |
| voters of a
political subdivision, initiated by a petition of |
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| voters or residents of
such political subdivision, to determine | 2 |
| whether an action by the
governing body of such subdivision | 3 |
| shall be adopted or rejected.
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| (g) A petition for the incorporation or formation of a new
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| political subdivision whose officers are to be elected rather | 6 |
| than appointed
must have attached to it an affidavit attesting | 7 |
| that at least 108 days and
no more than 138 days prior to such | 8 |
| election notice of intention to file
such petition was | 9 |
| published in a newspaper published within the proposed
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| political subdivision, or if none, in a newspaper of general | 11 |
| circulation
within the territory of the proposed political | 12 |
| subdivision in substantially
the following form:
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| NOTICE OF PETITION TO FORM A NEW........
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| Residents of the territory described below are notified | 15 |
| that a petition
will or has been filed in the Office | 16 |
| of............requesting a referendum
to establish a | 17 |
| new........, to be called the............
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| *The officers of the new...........will be elected on the | 19 |
| same day as the
referendum. Candidates for the governing board | 20 |
| of the new......may file
nominating petitions with the officer | 21 |
| named above until...........
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| The territory proposed to comprise the new........is | 23 |
| described as follows:
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| (description of territory included in petition)
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| (signature)....................................
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| Name and address of person or persons proposing
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| the new political subdivision.
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| * Where applicable.
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| Failure to file such affidavit, or failure to publish the | 4 |
| required notice
with the correct information contained therein | 5 |
| shall render the petition,
and any referendum held pursuant to | 6 |
| such petition, null and void.
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| Notwithstanding the foregoing provisions of this | 8 |
| subsection (g) or any
other provisions of this Code, the | 9 |
| publication of notice and affidavit
requirements of this | 10 |
| subsection (g) shall not apply to any petition filed
under | 11 |
| Article 7 or 11E of the School Code nor to any
referendum
held | 12 |
| pursuant to any such petition, and neither any petition filed | 13 |
| under
any of those Articles nor any referendum held pursuant to | 14 |
| any such petition
shall be rendered null and void because of | 15 |
| the failure to file an affidavit
or publish a notice with | 16 |
| respect to the petition or referendum as required
under this | 17 |
| subsection (g) for petitions that are not filed under any of
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| those Articles of the School Code.
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| (Source: P.A. 94-30, eff. 6-14-05; 94-578, eff. 8-12-05; | 20 |
| 94-1019, eff. 7-10-06.)
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| (10 ILCS 5/Art. 28A heading new)
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| ARTICLE 28A. BINDING INITIATIVES
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| (10 ILCS 5/28A-1 new)
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| Sec. 28A-1. Local government binding initiative petition |
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| and
referendum.
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| (a) The electors of any
unit of local government may pass, | 3 |
| by initiative petition and referendum in the
manner prescribed | 4 |
| by
this Article, a binding ordinance
that the corporate | 5 |
| authorities of their unit of local
government
are empowered to | 6 |
| pass.
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| (b) A binding ordinance
may be proposed by a petition | 8 |
| signed by the number of electors
equal to at least 8% of the | 9 |
| total votes cast for Governor at the last general
election
in | 10 |
| the unit of local government. The petition shall contain the | 11 |
| text of the
proposed ordinance and the date of the regular or | 12 |
| unit of local government
election at which the proposed | 13 |
| ordinance is to be submitted, shall have been
signed by | 14 |
| petitioning electors not more than 12 months preceding the | 15 |
| regular or
unit of local government election, and shall be | 16 |
| filed with the clerk of the
unit of local government at least | 17 |
| 108 days before that regular or unit of local
government | 18 |
| election.
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| (c) If the corporate authorities of the unit of local | 20 |
| government, without
amendment, pass the binding ordinance | 21 |
| proposed by such a petition filed with
the unit of local | 22 |
| government's clerk not less than 78 days prior to the regular
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| or unit of local government election at which the petition | 24 |
| specifies the
proposed
binding ordinance is to be submitted, | 25 |
| then the proposed binding ordinance shall not be
submitted to | 26 |
| the electors of the unit of local government.
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| (d) Except as otherwise provided in this Article, petitions | 2 |
| filed under this
Article shall be governed by Article 28 of the | 3 |
| Election Code.
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| (e) If no objection to a petition filed under subsection | 5 |
| (b) is filed within
5
business days after such petition is | 6 |
| filed or if an objection is filed and the
appropriate electoral | 7 |
| official or board rules the petition sufficient, then the
clerk | 8 |
| of the unit of local government shall submit the petition to | 9 |
| the election
official or board for the unit of local | 10 |
| government, and the election official
or
board shall order the
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| proposed ordinance submitted to the electors of the unit of | 12 |
| local government at
the election specified in the petition.
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| (f) If, after the election official or board of the unit of | 14 |
| local government
orders the proposed ordinance to be submitted | 15 |
| to the electors of the unit of
local government, it determines | 16 |
| that the proposed ordinance is too long to be
printed
in its | 17 |
| entirety on the ballot, it shall ask the clerk of the unit of | 18 |
| local
government to provide a concise statement of its nature. | 19 |
| The election official
or board shall then cause either the | 20 |
| entire proposed ordinance or the concise
statement to be | 21 |
| printed on the ballot together with a question permitting the
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| elector to indicate approval or disapproval of adoption of the | 23 |
| proposed
ordinance.
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| (g) If a majority of those voting on the proposed ordinance | 25 |
| indicate
approval of
its adoption, it shall be passed and have | 26 |
| the same effect as if it had been
passed by the corporate |
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| authorities of the unit of local government, except as
provided | 2 |
| in subsection
(h).
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| (h) Ordinances adopted under this Article, either by | 4 |
| approval of electors at
an
election or by passage by the | 5 |
| corporate authorities under subsection (c), shall
not be | 6 |
| repealed or amended within 4 years after adoption except by | 7 |
| vote of the
electors.
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| (i) The corporate authorities of a unit of local government | 9 |
| may submit to
its
electorate a proposition to repeal or amend | 10 |
| an ordinance adopted under this
Article at any election in | 11 |
| conformance with Article 28 of this Code.
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