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| Public Act 094-0030 |
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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 | ||||
28-2 as follows:
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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, petitions
for the submission of public questions to | ||||
referendum must be filed with the
appropriate officer or board | ||||
not less than 78 days prior to a regular
election to be | ||||
eligible for submission on the ballot at such election; and
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petitions for the submission of a question under Section 18-120 | ||||
of the
Property Tax Code must be filed with the appropriate | ||||
officer or board not more
than 10 months nor less than 6 months | ||||
prior to the election at which such
question is to be submitted | ||||
to the voters.
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(b) However, petitions for the submission of a public | ||||
question to
referendum which proposes the creation or formation | ||||
of a political
subdivision must be filed with the appropriate | ||||
officer or board not less
than 108 days prior to a regular | ||||
election to be eligible for submission on
the ballot at such | ||||
election.
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(c) Resolutions or ordinances of governing boards of | ||||
political
subdivisions which initiate the submission of public | ||||
questions pursuant
to law must be adopted not less than 65 days | ||||
before a regularly scheduled
election to be eligible for | ||||
submission on the ballot at such election.
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(d) A petition, resolution or ordinance initiating the | ||||
submission of a
public question may specify a regular election | ||||
at which the question is
to be submitted, and must so specify | ||||
if the statute authorizing the
public question requires | ||||
submission at a particular election. However,
no petition, | ||||
resolution or ordinance initiating the submission of a
public | ||
question, other than a legislative resolution initiating an
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amendment to the Constitution, may specify such submission at | ||
an
election more than one year after the date on which it is | ||
filed or
adopted, as the case may be. A petition, resolution or | ||
ordinance
initiating a public question which specifies a | ||
particular election at
which the question is to be submitted | ||
shall be so limited, and shall not
be valid as to any other | ||
election, other than an emergency referendum
ordered pursuant | ||
to Section 2A-1.4.
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(e) If a petition initiating a public question does not | ||
specify a
regularly scheduled election, the public question | ||
shall be submitted to
referendum at the next regular election | ||
occurring not less than 78 days
after the filing of the | ||
petition, or not less than 108 days after the
filing of a | ||
petition for referendum to create a political subdivision. If
a | ||
resolution or ordinance initiating a public question does not | ||
specify a
regularly scheduled election, the public question | ||
shall be submitted to
referendum at the next regular election | ||
occurring not less than 65 days
after the adoption of the | ||
resolution or ordinance.
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(f) In the case of back door referenda, any limitations in | ||
another
statute authorizing such a referendum which restrict | ||
the time in which
the initiating petition may be validly filed | ||
shall apply to such
petition, in addition to the filing | ||
deadlines specified in this Section
for submission at a | ||
particular election. In the case of any back door
referendum, | ||
the publication of the ordinance or resolution of the political
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subdivision shall include a notice of (1) the specific number | ||
of voters
required to sign a petition requesting that a public | ||
question be submitted
to the voters of the subdivision; (2) the | ||
time within which the petition must
be filed; and (3) the date | ||
of the prospective referendum. The secretary or
clerk of the | ||
political subdivision shall provide a petition form to any
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individual requesting one. The legal sufficiency of that form, | ||
if provided by the secretary or clerk of the political | ||
subdivision, cannot be the basis of a challenge to placing the | ||
back door referendum on the ballot. As used herein, a "back | ||
door
referendum" is the submission of a public question to the | ||
voters of a
political subdivision, initiated by a petition of | ||
voters or residents of
such political subdivision, to determine | ||
whether an action by the
governing body of such subdivision | ||
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 | ||
than appointed
must have attached to it an affidavit attesting | ||
that at least 108 days and
no more than 138 days prior to such | ||
election notice of intention to file
such petition was | ||
published in a newspaper published within the proposed
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political subdivision, or if none, in a newspaper of general | ||
circulation
within the territory of the proposed political | ||
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 | ||
that a petition
will or has been filed in the Office | ||
of............requesting a referendum
to establish a | ||
new........, to be called the............
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*The officers of the new...........will be elected on the | ||
same day as the
referendum. Candidates for the governing board | ||
of the new......may file
nominating petitions with the officer | ||
named above until...........
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The territory proposed to comprise the new........is | ||
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 | ||
required notice
with the correct information contained therein | ||
shall render the petition,
and any referendum held pursuant to | ||
such petition, null and void.
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Notwithstanding the foregoing provisions of this | ||
subsection (g) or any
other provisions of this Code, the | ||
publication of notice and affidavit
requirements of this | ||
subsection (g) shall not apply to any petition filed
under | ||
Article 7, 7A, 11A, 11B, or 11D of the School Code nor to any
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referendum
held pursuant to any such petition, and neither any | ||
petition filed under
any of those Articles nor any referendum | ||
held pursuant to any such petition
shall be rendered null and | ||
void because of the failure to file an affidavit
or publish a | ||
notice with respect to the petition or referendum as required
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under this subsection (g) for petitions that are not filed | ||
under any of
those Articles of the School Code.
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(Source: P.A. 90-459, eff. 8-17-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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