Public Act 094-0578
 		





SB0599 Enrolled
LRB094 04344 JAM 34373 b






    AN ACT concerning elections.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Election Code is amended  by changing 
Sections 28-2 and 28-5 as follows:
 



    (10 ILCS 5/28-2)  (from Ch. 46, par. 28-2)



    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

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.

    (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.

    (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.

    (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

amendment to the Constitution, may specify such submission at 
an
election more than one year, or 15 months in the case of a 
back door referendum as defined in subsection (f), 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.

    (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.

    (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

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

individual requesting one. 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.

    (g) A petition for the incorporation or formation of a new

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

political subdivision, or if none, in a newspaper of general 
circulation
within the territory of the proposed political 
subdivision in substantially
the following form:

NOTICE OF PETITION TO FORM A NEW........


    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............

    *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...........

    The territory proposed to comprise the new........is 
described as follows:

        (description of territory included in petition)

        (signature)....................................

        Name and address of person or persons proposing

        the new political subdivision.

    * Where applicable.

    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.

    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

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

under this subsection (g) for petitions that are not filed 
under any of
those Articles of the School Code.

(Source: P.A. 90-459, eff. 8-17-97.)

 



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



    Sec. 28-5. Not less than 61 days before a regularly 
scheduled
election, each local election official shall certify 
the public questions
to be submitted to the voters of or within 
his political subdivision at
that election which have been 
initiated by petitions filed in his office or
by action of the 
governing board of his political subdivision.

    Not less than 61 days before a regularly scheduled 
election, each circuit
court clerk shall certify the public 
questions to be submitted to the
voters of a political 
subdivision at that election which have been ordered
to be so 
submitted by the circuit court pursuant to law. Not less than 
30
days before the date set by the circuit court for the 
conduct of an
emergency referendum pursuant to Section 2A-1.4, 
the circuit court clerk
shall certify the public question as 
herein required.

    Local election officials and circuit court clerks shall 
make their
certifications, as required by this Section, to each 
election authority
having jurisdiction over any of the 
territory of the respective political
subdivision in which the 
public question is to be submitted to referendum.

    Not less than 61 days before the next regular election, the 
county clerk
shall certify the public questions to be submitted 
to the voters of the
entire county at that election, which have 
been initiated by petitions filed
in his office or by action of 
the county board, to the board of election
commissioners, if 
any, in his county.

    Not less than 67 days before the general election,
the 
State Board of Elections shall certify any questions proposing 
an
amendment to Article IV of the Constitution pursuant to 
Section 3, Article
XIV of the Constitution and any advisory 
public questions to be submitted
to the voters of the entire 
State, which have been initiated by petitions
received or filed 
at its office, to the respective county clerks. Not
less than 
61 days before the general election, the
county clerk shall 
certify such questions to the board of election
commissioners, 
if any, in his county.

    The certifications shall include the form of the public 
question to be
placed on the ballot, the date on which the 
public question was initiated
by either the filing of a 
petition or the adoption of a resolution or ordinance
by a 
governing body, as the case may be, and a certified copy of any 
court
order or political subdivision resolution or ordinance 
requiring the submission
of the public question. 
Certifications of propositions for annexation to,

disconnection from, or formation of political subdivisions or 
for other
purposes shall include a description of the territory 
in which the proposition
is required to be submitted, whenever 
such territory is not coterminous
with an existing political 
subdivision.

    The certification of a public question described in 
subsection (b) of
Section 28-6 shall include the precincts 
included in the territory
concerning which the public question 
is to be submitted, as well as a
common description of such 
territory, in plain and nonlegal
language, and specify the 
election at which the question is to be submitted.
The 
description of the territory shall be prepared by the local 
election
official as set forth in the resolution or ordinance 
initiating the public
question.

    Whenever a local election official, an election authority, 
or the State Board
of Elections is in receipt of an initiating 
petition, or a certification
for the submission of a public 
question at an election at which the public
question may not be 
placed on the ballot or submitted because of the
limitations of 
Section 28-1, such officer or board shall give notice of
such 
prohibition, by registered mail, as follows:

    (a) in the case of a petition, to any person designated on 
a certificate
attached thereto as the proponent or as the 
proponents' attorney for purposes
of notice of objections;

    (b) in the case of a certificate from a local election 
authority, to
such local election authority, who shall 
thereupon give notice as provided
in subparagraph (a), or 
notify the governing board which adopted the initiating

resolution or ordinance;

    (c) in the case of a certification from a circuit court 
clerk of a court
order, to such court, which shall thereupon 
give notice as provided in
subparagraph (a) and shall modify 
its order in accordance with the provisions of this Act.

    If the petition, resolution or ordinance initiating such 
prohibited public
question did not specify a particular 
election for its submission, the officer
or board responsible 
for certifying the question to the election authorities
shall 
certify or recertify the question, in the manner required 
herein, for
submission on the ballot at the next regular 
election no more than one year, or 15 months in the case of a 
back door referendum as defined in subsection (f) of Section 
28-2,
 subsequent to the filing of the initiating petition or 
the adoption of the
initiating resolution or ordinance and at 
which the public question may
be submitted, and the appropriate 
election authorities
shall submit the question at such 
election, unless the public question is
ordered submitted as an 
emergency referendum pursuant to Section 2A-1.4
or is withdrawn 
as may be provided by law.

(Source: P.A. 86-875.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.