State of Illinois
92nd General Assembly
Legislation

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92_HB1798eng

 
HB1798 Engrossed                               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
 
HB1798 Engrossed            -5-                LRB9206295MWpc
 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.

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