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| [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1137
LRB9103397MWdv
1 AN ACT to amend the Election Code by changing Sections
2 28-6 and 28-9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 28-6 and 28-9 as follows:
7 (10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
8 Sec. 28-6. Petitions; filing.
9 (a) On a written petition signed by a number of voters
10 equal to at least 8% of the votes cast for candidates for
11 Governor in the preceding gubernatorial election by 10% of
12 the registered voters of the any municipality, township,
13 county or school district it shall be the duty of the proper
14 election officers to submit any question of public policy so
15 petitioned for, to the electors of such political subdivision
16 at any regular election named in the petition at which an
17 election is scheduled to be held throughout such political
18 subdivision under Article 2A. Such petitions shall be filed
19 with the local election official of the political subdivision
20 or election authority, as the case may be. Where such a
21 question is to be submitted to the voters of a municipality
22 which has adopted Article 6, or a township or school district
23 located entirely within the jurisdiction of a municipal board
24 of election commissioners, such petitions shall be filed with
25 the board of election commissioners having jurisdiction over
26 the political subdivision.
27 (b) In a municipality with more than 1,000,000
28 inhabitants, when a question of public policy exclusively
29 concerning a contiguous territory included entirely within
30 but not coextensive with the municipality is initiated by
31 resolution or ordinance of the corporate authorities of the
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1 municipality, or by a petition which may be signed by
2 registered voters who reside in any part of any precinct all
3 or part of which includes all or part of the territory and
4 who equal in number at least 8% of the total votes cast for
5 candidates for Governor in the preceding gubernatorial
6 election by 10% of the total number of registered voters of
7 the precinct or precincts the registered voters of which are
8 eligible to sign the petition, it shall be the duty of the
9 election authority having jurisdiction over such municipality
10 to submit such question to the electors throughout each
11 precinct all or part of which includes all or part of the
12 territory at the regular election specified in the
13 resolution, ordinance or petition initiating the public
14 question. A petition initiating a public question described
15 in this subsection shall be filed with the election authority
16 having jurisdiction over the municipality. A resolution,
17 ordinance or petition initiating a public question described
18 in this subsection shall specify the election at which the
19 question is to be submitted.
20 (c) Local questions of public policy authorized by this
21 Section and statewide questions of public policy authorized
22 by Section 28-9 shall be advisory public questions, and no
23 legal effects shall result from the adoption or rejection of
24 such propositions.
25 (d) This Section does not apply to a petition filed
26 pursuant to Article IX of the Liquor Control Act of 1934.
27 (Source: P.A. 84-1467.)
28 (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
29 Sec. 28-9. Petitions for proposed amendments to Article
30 IV of the Constitution pursuant to Section 3, Article XIV of
31 the Constitution shall be signed by a number of electors
32 equal in number to at least 8% of the total votes cast for
33 candidates for Governor in the preceding gubernatorial
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1 election. Such petition shall have been signed by the
2 petitioning electors not more than 24 months preceding the
3 general election at which the proposed amendment is to be
4 submitted and shall be filed with the Secretary of State at
5 least 6 months before that general election.
6 Upon receipt of a petition for a proposed Constitutional
7 amendment, the Secretary of State shall, as soon as is
8 practicable, but no later than the close of the next business
9 day, deliver such petition to the State Board of Elections.
10 Petitions for advisory questions of public policy to be
11 submitted to the voters of the entire State shall be signed
12 by a number of voters equal in number to 8% of the total
13 votes cast for candidates for Governor in the preceding
14 gubernatorial election at least 10% of the registered voters
15 in the State. Such petition shall have been signed by said
16 petitioners not more than 24 months preceding the date of the
17 general election at which the question is to be submitted and
18 shall be filed with the State Board of Elections at least 6
19 months before that general election.
20 The proponents of the proposed Constitutional amendment
21 or statewide advisory public question shall file the original
22 petition in bound election jurisdiction sections. Each
23 section shall be composed of consecutively numbered petition
24 sheets containing only the signatures of registered voters of
25 a single election jurisdiction and, at the top of each
26 petition sheet, the name of the election jurisdiction shall
27 be typed or printed in block letters; provided that, if the
28 name of the election jurisdiction is not so printed, the
29 election jurisdiction of the circulator of that petition
30 sheet shall be controlling with respect to the signatures on
31 that sheet. Any petition sheets not consecutively numbered or
32 which contain duplicate page numbers already used on other
33 sheets, or are photocopies or duplicates of the original
34 sheets, shall not be considered part of the petition for the
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1 purpose of the random sampling verification and shall not be
2 counted toward the minimum number of signatures required to
3 qualify the proposed constitutional amendment or statewide
4 advisory public question for the ballot.
5 Within 7 business days following the last day for filing
6 the original petition, the proponents shall also file copies
7 of the sectioned election jurisdiction petition sheets with
8 each proper election authority and obtain a receipt therefor.
9 For purposes of this Act, the following terms shall be
10 defined and construed as follows:
11 1. "Board" means the State Board of Elections.
12 2. "Election Authority" means a county clerk or city or
13 county board of election commissioners.
14 3. "Election Jurisdiction" means (a) an entire county,
15 in the case of a county in which no city board of election
16 commissioners is located or which is under the jurisdiction
17 of a county board of election commissioners; (b) the
18 territorial jurisdiction of a city board of election
19 commissioners; and (c) the territory in a county outside of
20 the jurisdiction of a city board of election commissioners.
21 In each instance election jurisdiction shall be determined
22 according to which election authority maintains the permanent
23 registration records of qualified electors.
24 4. "Proponents" means any person, association,
25 committee, organization or other group, or their designated
26 representatives, who advocate and cause the circulation and
27 filing of petitions for a statewide advisory question of
28 public policy or a proposed constitutional amendment for
29 submission at a general election and who has registered with
30 the Board as provided in this Act.
31 5. "Opponents" means any person, association, committee,
32 organization or other group, or their designated
33 representatives, who oppose a statewide advisory question of
34 public policy or a proposed constitutional amendment for
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1 submission at a general election and who have registered with
2 the Board as provided in this Act.
3 (Source: P.A. 87-1052.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.