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92_HB1798
LRB9206295MWpc
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.