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91_SB0933enr
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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 Statute on Statutes is amended by
5 changing Section 8 as follows:
6 (5 ILCS 70/8) (from Ch. 1, par. 1107)
7 Sec. 8. Omnibus Bond Acts.
8 (a) A citation to the Omnibus Bond Acts is a citation to
9 all of the following Acts, collectively, as amended from time
10 to time: the Bond Authorization Act, the Registered Bond
11 Act, the Municipal Bond Reform Act, the Local Government Debt
12 Reform Act, subsection (a) of Section 1-7 of the Property Tax
13 Extension Limitation Act, subsection (a) of Section 18-190 of
14 the Property Tax Code, the Uniform Facsimile Signature of
15 Public Officials Act, the Local Government Bond Validity Act,
16 the Illinois Development Finance Authority Act, the Public
17 Funds Investment Act, the Local Government Credit Enhancement
18 Act, the Local Government Defeasance of Debt Law, the
19 Intergovernmental Cooperation Act, the Local Government
20 Financial Planning and Supervision Act, the Special
21 Assessment Supplemental Bond and Procedure Act, Section 12-5
22 of the Election Code, and any similar Act granting additional
23 omnibus bond powers to governmental entities generally,
24 whether enacted before, on, or after the effective date of
25 this amendatory Act of 1989.
26 (b) The General Assembly recognizes that the
27 proliferation of governmental entities has resulted in the
28 enactment of hundreds of statutory provisions relating to the
29 borrowing and other powers of governmental entities. The
30 General Assembly addresses and has addressed problems common
31 to all such governmental entities so that they have equal
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1 access to the municipal bond market. It has been, and will
2 continue to be, the intention of the General Assembly to
3 enact legislation applicable to governmental entities in an
4 omnibus fashion, as has been done in the provisions of the
5 Omnibus Bond Acts.
6 (c) It is and always has been the intention of the
7 General Assembly that the Omnibus Bond Acts are and always
8 have been supplementary grants of power, cumulative in nature
9 and in addition to any power or authority granted in any
10 other laws of the State. The Omnibus Bond Acts are
11 supplementary grants of power when applied in connection with
12 any similar grant of power or limitation contained in any
13 other law of the State, whether or not the other law is
14 enacted or amended after an Omnibus Bond Act or appears to be
15 more restrictive than an Omnibus Bond Act, unless the General
16 Assembly expressly declares in such other law that a
17 specifically named Omnibus Bond Act does not apply.
18 (d) All instruments providing for the payment of money
19 executed by or on behalf of any governmental entity organized
20 by or under the laws of this State, including without
21 limitation the State, to carry out a public governmental or
22 proprietary function, acting through its corporate
23 authorities, or which any governmental entity has assumed or
24 agreed to pay, which were:
25 (1) issued or authorized to be issued by
26 proceedings adopted by such corporate authorities before
27 the effective date of this amendatory Act of 1989;
28 (2) issued or authorized to be issued in accordance
29 with the procedures set forth in or pursuant to any
30 authorization contained in any of the Omnibus Bond Acts;
31 and
32 (3) issued or authorized to be issued for any
33 purpose authorized by the laws of this State, are valid
34 and legally binding obligations of the governmental
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1 entity issuing such instruments, payable in accordance
2 with their terms.
3 (Source: P.A. 90-480, eff. 8-17-97.)
4 Section 5. The Election Code is amended by changing
5 Sections 3-1.2, 7-10, 8-8, 10-4, 12-5, and 28-3 as follows:
6 (10 ILCS 5/3-1.2) (from Ch. 46, par. 3-1.2)
7 Sec. 3-1.2. Eligibility to sign or circulate petition.
8 For the purpose of determining eligibility to sign or
9 circulate a nominating petition or a petition proposing a
10 public question the terms "voter", "registered voter",
11 "qualified voter", "legal voter", "elector", "qualified
12 elector", "primary elector" and "qualified primary elector"
13 as used in this Code or in another Statute shall mean a
14 person who is registered to vote at the address shown
15 opposite his signature on the petition or was registered to
16 vote at such address when he signed the petition. Any person,
17 otherwise qualified under this Section, who has not moved to
18 another residence but whose address has changed as a result
19 of implementation of a 9-1-1 emergency telephone system shall
20 be considered a "voter", "registered voter", "qualified
21 voter", "legal voter", "elector", "qualified elector",
22 "primary elector", and "qualified primary elector".
23 (Source: P.A. 90-664, eff. 7-30-98.)
24 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
25 Sec. 7-10. Form of petition for nomination. The name of
26 no candidate for nomination, or State central committeeman,
27 or township committeeman, or precinct committeeman, or ward
28 committeeman or candidate for delegate or alternate delegate
29 to national nominating conventions, shall be printed upon the
30 primary ballot unless a petition for nomination has been
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1 filed in his behalf as provided in this Article in
2 substantially the following form:
3 We, the undersigned, members of and affiliated with the
4 .... party and qualified primary electors of the .... party,
5 in the .... of ...., in the county of .... and State of
6 Illinois, do hereby petition that the following named person
7 or persons shall be a candidate or candidates of the ....
8 party for the nomination for (or in case of committeemen for
9 election to) the office or offices hereinafter specified, to
10 be voted for at the primary election to be held on (insert
11 date). the .... day of ...., ....
12 Name Office Address
13 John Jones Governor Belvidere, Ill.
14 Thomas Smith Attorney General Oakland, Ill.
15 Name.................. Address.......................
16 State of Illinois)
17 ) ss.
18 County of........)
19 I, ...., do hereby certify that I am a registered voter
20 and have been a registered voter at all times I have
21 circulated this petition, that I reside at No. .... street,
22 in the .... of ...., county of ...., and State of Illinois,
23 and that the signatures on this sheet were signed in my
24 presence, and are genuine, and that to the best of my
25 knowledge and belief the persons so signing were at the time
26 of signing the petitions qualified voters of the .... party,
27 and that their respective residences are correctly stated, as
28 above set forth.
29 .........................
30 Subscribed and sworn to before me on (insert date). this
31 .... day of ...., ....
32 .........................
33 Each sheet of the petition other than the statement of
34 candidacy and candidate's statement shall be of uniform size
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1 and shall contain above the space for signatures an
2 appropriate heading giving the information as to name of
3 candidate or candidates, in whose behalf such petition is
4 signed; the office, the political party represented and place
5 of residence; and the heading of each sheet shall be the
6 same.
7 Such petition shall be signed by qualified primary
8 electors residing in the political division for which the
9 nomination is sought in their own proper persons only and
10 opposite the signature of each signer, his residence address
11 shall be written or printed. The residence address required
12 to be written or printed opposite each qualified primary
13 elector's name shall include the street address or rural
14 route number of the signer, as the case may be, as well as
15 the signer's county, and city, village or town, and state.
16 However the county or city, village or town, and state of
17 residence of the electors may be printed on the petition
18 forms where all of the electors signing the petition reside
19 in the same county or city, village or town, and state.
20 Standard abbreviations may be used in writing the residence
21 address, including street number, if any. At the bottom of
22 each sheet of such petition shall be added a statement signed
23 by a registered voter of the political division, who has been
24 a registered voter at all times he or she circulated the
25 petition, for which the candidate is seeking a nomination,
26 stating the street address or rural route number of the
27 voter, as the case may be, as well as the voter's county, and
28 city, village or town, and state; and certifying that the
29 signatures on that sheet of the petition were signed in his
30 presence; and either (1) indicating the dates on which that
31 sheet was circulated, or (2) indicating the first and last
32 dates on which the sheet was circulated, or (3) certifying
33 that none of the signatures on the sheet were signed more
34 than 90 days preceding the last day for the filing of the
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1 petition, or more than 45 days preceding the last day for
2 filing of the petition in the case of political party and
3 independent candidates for single or multi-county regional
4 superintendents of schools in the 1994 general primary
5 election; and certifying that the signatures on the sheet are
6 genuine, and certifying that to the best of his knowledge
7 and belief the persons so signing were at the time of signing
8 the petitions qualified voters of the political party for
9 which a nomination is sought. Such statement shall be sworn
10 to before some officer authorized to administer oaths in this
11 State.
12 No petition sheet shall be circulated more than 90 days
13 preceding the last day provided in Section 7-12 for the
14 filing of such petition, or more than 45 days preceding the
15 last day for filing of the petition in the case of political
16 party and independent candidates for single or multi-county
17 regional superintendents of schools in the 1994 general
18 primary election.
19 The person circulating the petition, or the candidate on
20 whose behalf the petition is circulated, may strike any
21 signature from the petition, provided that;
22 (1) the person striking the signature shall initial
23 the petition at the place where the signature is struck;
24 and
25 (2) the person striking the signature shall sign a
26 certification listing the page number and line number of
27 each signature struck from the petition. Such
28 certification shall be filed as a part of the petition.
29 Such sheets before being filed shall be neatly fastened
30 together in book form, by placing the sheets in a pile and
31 fastening them together at one edge in a secure and suitable
32 manner, and the sheets shall then be numbered consecutively.
33 The sheets shall not be fastened by pasting them together end
34 to end, so as to form a continuous strip or roll. All
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1 petition sheets which are filed with the proper local
2 election officials, election authorities or the State Board
3 of Elections shall be the original sheets which have been
4 signed by the voters and by the circulator thereof, and not
5 photocopies or duplicates of such sheets. Each petition must
6 include as a part thereof, a statement of candidacy for each
7 of the candidates filing, or in whose behalf the petition is
8 filed. This statement shall set out the address of such
9 candidate, the office for which he is a candidate, shall
10 state that the candidate is a qualified primary voter of the
11 party to which the petition relates and is qualified for the
12 office specified (in the case of a candidate for State's
13 Attorney it shall state that the candidate is at the time of
14 filing such statement a licensed attorney-at-law of this
15 State), shall state that he has filed (or will file before
16 the close of the petition filing period) a statement of
17 economic interests as required by the Illinois Governmental
18 Ethics Act, shall request that the candidate's name be placed
19 upon the official ballot, and shall be subscribed and sworn
20 to by such candidate before some officer authorized to take
21 acknowledgment of deeds in the State and shall be in
22 substantially the following form:
23 Statement of Candidacy
24 Name Address Office District Party
25 John Jones 102 Main St. Governor Statewide Republican
26 Belvidere,
27 Illinois
28 State of Illinois)
29 ) ss.
30 County of .......)
31 I, ...., being first duly sworn, say that I reside at
32 .... Street in the city (or village) of ...., in the county
33 of ...., State of Illinois; that I am a qualified voter
34 therein and am a qualified primary voter of the .... party;
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1 that I am a candidate for nomination (for election in the
2 case of committeeman and delegates and alternate delegates)
3 to the office of .... to be voted upon at the primary
4 election to be held on (insert date); the .... day of ....,
5 ....; that I am legally qualified (including being the holder
6 of any license that may be an eligibility requirement for the
7 office I seek the nomination for) to hold such office and
8 that I have filed (or I will file before the close of the
9 petition filing period) a statement of economic interests as
10 required by the Illinois Governmental Ethics Act and I hereby
11 request that my name be printed upon the official primary
12 ballot for nomination for (or election to in the case of
13 committeemen and delegates and alternate delegates) such
14 office.
15 Signed ......................
16 Subscribed and sworn to (or affirmed) before me by ....,
17 who is to me personally known, on (insert date). this ....
18 day of ...., 19...
19 Signed ....................
20 (Official Character)
21 (Seal, if officer has one.)
22 The petitions, when filed, shall not be withdrawn or
23 added to, and no signatures shall be revoked except by
24 revocation filed in writing with the State Board of
25 Elections, election authority or local election official with
26 whom the petition is required to be filed, and before the
27 filing of such petition. Whoever forges the name of a signer
28 upon any petition required by this Article is deemed guilty
29 of a forgery and on conviction thereof shall be punished
30 accordingly.
31 Petitions of candidates for nomination for offices herein
32 specified, to be filed with the same officer, may contain the
33 names of 2 or more candidates of the same political party for
34 the same or different offices.
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1 Such petitions for nominations shall be signed:
2 (a) If for a State office, or for delegate or
3 alternate delegate to be elected from the State at large
4 to a National nominating convention by not less than
5 5,000 nor more than 10,000 primary electors of his party.
6 (b) If for a congressional officer or for delegate
7 or alternate delegate to be elected from a congressional
8 district to a national nominating convention by at least
9 .5% of the qualified primary electors of his party in his
10 congressional district, except that for the first primary
11 following a redistricting of congressional districts such
12 petitions shall be signed by at least 600 qualified
13 primary electors of the candidate's party in his
14 congressional district.
15 (c) If for a county office (including county board
16 member and chairman of the county board where elected
17 from the county at large), by at least .5% of the
18 qualified electors of his party cast at the last
19 preceding general election in his county. However, if
20 for the nomination for county commissioner of Cook
21 County, then by at least .5% of the qualified primary
22 electors of his or her party in his or her county in the
23 district or division in which such person is a candidate
24 for nomination; and if for county board member from a
25 county board district, then by at least .5% of the
26 qualified primary electors of his party in the county
27 board district. In the case of an election for county
28 board member to be elected from a district, for the first
29 primary following a redistricting of county board
30 districts or the initial establishment of county board
31 districts, then by at least .5% of the qualified electors
32 of his party in the entire county at the last preceding
33 general election, divided by the number of county board
34 districts, but in any event not less than 25 qualified
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1 primary electors of his party in the district.
2 (d) If for a municipal or township office by at
3 least .5% of the qualified primary electors of his party
4 in the municipality or township; if for alderman, by at
5 least .5% of the voters of his party of his ward. In the
6 case of an election for alderman or trustee of a
7 municipality to be elected from a ward or district, for
8 the first primary following a redistricting or the
9 initial establishment of wards or districts, then by .5%
10 of the total number of votes cast for the candidate of
11 such political party who received the highest number of
12 votes in the entire municipality at the last regular
13 election at which an officer was regularly scheduled to
14 be elected from the entire municipality, divided by the
15 number of wards or districts, but in any event not less
16 than 25 qualified primary electors of his party in the
17 ward or district.
18 (e) If for State central committeeman, by at least
19 100 of the primary electors of his or her party of his or
20 her congressional district.
21 (f) If for a candidate for trustee of a sanitary
22 district in which trustees are not elected from wards, by
23 at least .5% of the primary electors of his party, from
24 such sanitary district.
25 (g) If for a candidate for trustee of a sanitary
26 district in which the trustees are elected from wards, by
27 at least .5% of the primary electors of his party in his
28 ward of such sanitary district, except that for the first
29 primary following a reapportionment of the district such
30 petitions shall be signed by at least 150 qualified
31 primary electors of the candidate's ward of such sanitary
32 district.
33 (h) If for a candidate for judicial office, by at
34 least 500 qualified primary electors of his or her
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1 judicial district, circuit, or subcircuit, as the case
2 may be.
3 (i) If for a candidate for precinct committeeman,
4 by at least 10 primary electors of his or her party of
5 his or her precinct; if for a candidate for ward
6 committeeman, by not less than 10% nor more than 16% (or
7 50 more than the minimum, whichever is greater) of the
8 primary electors of his party of his ward; if for a
9 candidate for township committeeman, by not less than 5%
10 nor more than 8% (or 50 more than the minimum, whichever
11 is greater) of the primary electors of his party in his
12 township or part of a township as the case may be.
13 (j) If for a candidate for State's Attorney or
14 Regional Superintendent of Schools to serve 2 or more
15 counties, by at least .5% of the primary electors of his
16 party in the territory comprising such counties.
17 (k) If for any other office by at least .5% of the
18 total number of registered voters of the political
19 subdivision, district or division for which the
20 nomination is made or a minimum of 25, whichever is
21 greater.
22 For the purposes of this Section the number of primary
23 electors shall be determined by taking the total vote cast,
24 in the applicable district, for the candidate for such
25 political party who received the highest number of votes,
26 state-wide, at the last general election in the State at
27 which electors for President of the United States were
28 elected. For political subdivisions, the number of primary
29 electors shall be determined by taking the total vote cast
30 for the candidate for such political party who received the
31 highest number of votes in such political subdivision at the
32 last regular election at which an officer was regularly
33 scheduled to be elected from that subdivision. For wards or
34 districts of political subdivisions, the number of primary
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1 electors shall be determined by taking the total vote cast
2 for the candidate for such political party who received the
3 highest number of votes in such ward or district at the last
4 regular election at which an officer was regularly scheduled
5 to be elected from that ward or district.
6 A "qualified primary elector" of a party may not sign
7 petitions for or be a candidate in the primary of more than
8 one party.
9 (Source: P.A. 87-1052; 88-89; revised 1-26-99.)
10 (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
11 Sec. 8-8. Form of petition for nomination. The name of
12 no candidate for nomination shall be printed upon the primary
13 ballot unless a petition for nomination shall have been filed
14 in his behalf as provided for in this Section. Each such
15 petition shall include as a part thereof the oath required by
16 Section 7-10.1 of this Act and a statement of candidacy by
17 the candidate filing or in whose behalf the petition is
18 filed. This statement shall set out the address of such
19 candidate, the office for which he is a candidate, shall
20 state that the candidate is a qualified primary voter of the
21 party to which the petition relates, is qualified for the
22 office specified and has filed a statement of economic
23 interests as required by the Illinois Governmental Ethics
24 Act, shall request that the candidate's name be placed upon
25 the official ballot and shall be subscribed and sworn by such
26 candidate before some officer authorized to take
27 acknowledgment of deeds in this State and may be in
28 substantially the following form:
29 State of Illinois)
30 ) ss.
31 County ..........)
32 I, ...., being first duly sworn, say that I reside at
33 .... street in the city (or village of) .... in the county of
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1 .... State of Illinois; that I am a qualified voter therein
2 and am a qualified primary voter of .... party; that I am a
3 candidate for nomination to the office of .... to be voted
4 upon at the primary election to be held on (insert date); the
5 .... day of ...., 19..; that I am legally qualified to hold
6 such office and that I have filed a statement of economic
7 interests as required by the Illinois Governmental Ethics Act
8 and I hereby request that my name be printed upon the
9 official primary ballot for nomination for such office.
10 Signed ....................
11 Subscribed and sworn to (or affirmed) before me by ....,
12 who is to me personally known, on (insert date). this ....
13 day of .... 19...
14 Signed .... (Official Character)
15 (Seal if officer has one.)
16 All petitions for nomination for the office of State
17 Senator shall be signed by 1% or 600, whichever is greater,
18 of the qualified primary electors of the candidate's party in
19 his legislative district, except that for the first primary
20 following a redistricting of legislative districts, such
21 petitions shall be signed by at least 600 qualified primary
22 electors of the candidate's party in his legislative
23 district.
24 All petitions for nomination for the office of
25 Representative in the General Assembly shall be signed by at
26 least 1% or 300, whichever is greater, of the qualified
27 primary electors of the candidate's party in his or her
28 representative district, except that for the first primary
29 following a redistricting of representative districts such
30 petitions shall be signed by at least 300 qualified primary
31 electors of the candidate's party in his or her
32 representative district.
33 Opposite the signature of each qualified primary elector
34 who signs a petition for nomination for the office of State
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1 Representative or State Senator such elector's residence
2 address shall be written or printed. The residence address
3 required to be written or printed opposite each qualified
4 primary elector's name shall include the street address or
5 rural route number of the signer, as the case may be, as well
6 as the signer's county and city, village or town.
7 For the purposes of this Section, the number of primary
8 electors shall be determined by taking the total vote cast,
9 in the applicable district, for the candidate for such
10 political party who received the highest number of votes,
11 state-wide, at the last general election in the State at
12 which electors for President of the United States were
13 elected.
14 A "qualified primary elector" of a party may not sign
15 petitions for or be a candidate in the primary of more than
16 one party.
17 In the affidavit at the bottom of each sheet, the
18 petition circulator, who shall have been a registered voter
19 at all times he or she circulated the petition, shall state
20 his street address or rural route number, as the case may be,
21 as well as his county and city, village or town.
22 In the affidavit at the bottom of each petition sheet,
23 the petition circulator shall either (1) indicate the dates
24 on which he or she circulated that sheet, or (2) indicate the
25 first and last dates on which the sheet was circulated, or
26 (3) certify that none of the signatures on the sheet were
27 signed more than 90 days preceding the last day for the
28 filing of the petition. No petition sheet shall be
29 circulated more than 90 days preceding the last day provided
30 in Section 8-9 for the filing of such petition.
31 All petition sheets which are filed with the State Board
32 of Elections shall be the original sheets which have been
33 signed by the voters and by the circulator, and not
34 photocopies or duplicates of such sheets.
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1 The person circulating the petition, or the candidate on
2 whose behalf the petition is circulated, may strike any
3 signature from the petition, provided that:;
4 (1) the person striking the signature shall initial
5 the petition at the place where the signature is struck;
6 and
7 (2) the person striking the signature shall sign a
8 certification listing the page number and line number of
9 each signature struck from the petition. Such
10 certification shall be filed as a part of the petition.
11 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348; 87-1052;
12 revised 10-20-98.)
13 (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
14 Sec. 10-4. Form of petition for nomination. All
15 petitions for nomination under this Article 10 for candidates
16 for public office in this State, shall in addition to other
17 requirements provided by law, be as follows: Such petitions
18 shall consist of sheets of uniform size and each sheet shall
19 contain, above the space for signature, an appropriate
20 heading, giving the information as to name of candidate or
21 candidates in whose behalf such petition is signed; the
22 office; the party; place of residence; and such other
23 information or wording as required to make same valid, and
24 the heading of each sheet shall be the same. Such petition
25 shall be signed by the qualified voters in their own proper
26 persons only, and opposite the signature of each signer his
27 residence address shall be written or printed. The residence
28 address required to be written or printed opposite each
29 qualified primary elector's name shall include the street
30 address or rural route number of the signer, as the case may
31 be, as well as the signer's county, and city, village or town
32 , and state. However, the county or city, village or town,
33 and state of residence of such electors may be printed on the
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1 petition forms where all of the such electors signing the
2 petition reside in the same county or city, village or town,
3 and state. Standard abbreviations may be used in writing the
4 residence address, including street number, if any. No
5 signature shall be valid or be counted in considering the
6 validity or sufficiency of such petition unless the
7 requirements of this Section are complied with. At the bottom
8 of each sheet of such petition shall be added a statement,
9 signed by a registered voter of the political division, who
10 has been a registered voter at all times he or she circulated
11 the petition, for which the candidate or candidates shall be
12 nominated; stating the street address or rural route number
13 of the voter, as the case may be, as well as the voter's
14 county, and city, village or town, and state certifying that
15 the signatures on that sheet of the petition were signed in
16 his presence; certifying that the signatures are genuine; and
17 either (1) indicating the dates on which that sheet was
18 circulated, or (2) indicating the first and last dates on
19 which the sheet was circulated, or (3) certifying that none
20 of the signatures on the sheet were signed more than 90 days
21 preceding the last day for the filing of the petition, or
22 more than 45 days preceding the last day for filing of the
23 petition in the case of political party and independent
24 candidates for single or multi-county regional
25 superintendents of schools in the 1994 general primary
26 election; and certifying that to the best of his knowledge
27 and belief the persons so signing were at the time of signing
28 the petition duly registered voters under Articles 4, 5 or 6
29 of the Code of the political subdivision or district for
30 which the candidate or candidates shall be nominated, and
31 certifying that their respective residences are correctly
32 stated therein. Such statement shall be sworn to before some
33 officer authorized to administer oaths in this State. No
34 petition sheet shall be circulated more than 90 days
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1 preceding the last day provided in Section 10-6 for the
2 filing of such petition, or more than 45 days preceding the
3 last day for filing of the petition in the case of political
4 party and independent candidates for single or multi-county
5 regional superintendents of schools in the 1994 general
6 primary election. Such sheets, before being presented to the
7 electoral board or filed with the proper officer of the
8 electoral district or division of the state or municipality,
9 as the case may be, shall be neatly fastened together in book
10 form, by placing the sheets in a pile and fastening them
11 together at one edge in a secure and suitable manner, and the
12 sheets shall then be numbered consecutively. The sheets
13 shall not be fastened by pasting them together end to end, so
14 as to form a continuous strip or roll. All petition sheets
15 which are filed with the proper local election officials,
16 election authorities or the State Board of Elections shall be
17 the original sheets which have been signed by the voters and
18 by the circulator, and not photocopies or duplicates of such
19 sheets. A petition, when presented or filed, shall not be
20 withdrawn, altered, or added to, and no signature shall be
21 revoked except by revocation in writing presented or filed
22 with the officers or officer with whom the petition is
23 required to be presented or filed, and before the presentment
24 or filing of such petition. Whoever forges any name of a
25 signer upon any petition shall be deemed guilty of a forgery,
26 and on conviction thereof, shall be punished accordingly.
27 The word "petition" or "petition for nomination", as used
28 herein, shall mean what is sometimes known as nomination
29 papers, in distinction to what is known as a certificate of
30 nomination. The words "political division for which the
31 candidate is nominated", or its equivalent, shall mean the
32 largest political division in which all qualified voters may
33 vote upon such candidate or candidates, as the state in the
34 case of state officers; the township in the case of township
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1 officers et cetera. Provided, further, that no person shall
2 circulate or certify petitions for candidates of more than
3 one political party, or for an independent candidate or
4 candidates in addition to one political party, to be voted
5 upon at the next primary or general election, or for such
6 candidates and parties with respect to the same political
7 subdivision at the next consolidated election.
8 (Source: P.A. 87-1052; 88-89.)
9 (10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
10 Sec. 12-5. Notice for public questions. For all
11 elections held after July 1, 1999, notice of public questions
12 shall be required only as set forth in this Section. Not
13 more than 30 days nor less than 10 days before the date of a
14 regular election at which a public question is to be
15 submitted to the voters of a political or governmental
16 subdivision, and at least 20 days before an emergency
17 referendum, the election authority shall publish notice of
18 the referendum. The notice shall be published once in a
19 local, community newspaper having general circulation in the
20 political or governmental subdivision. The notice shall also
21 be given at least 10 days before the date of the election by
22 posting a copy of the notice at the principal office of the
23 election authority. The local election official shall also
24 post a copy of the notice at the principal office of the
25 political or governmental subdivision, or if there is no
26 principal office at the building in which the governing body
27 of the political or governmental subdivision held its first
28 meeting of the calendar year in which the referendum is being
29 held. The election authority and the political or
30 governmental subdivision may, but are not required to, post
31 the notice electronically on their World Wide Web pages. The
32 notice, which shall appear over the name or title of the
33 election authority, shall be substantially in the following
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1 form:
2 NOTICE IS HEREBY GIVEN that at the election to be
3 held on (insert day of the week), (insert date of
4 election), the following proposition will be submitted to
5 the voters of (name of political or governmental
6 subdivision):
7 (insert the public question as it will appear on the
8 ballot)
9 The polls at the election will be open at 6:00
10 o'clock A.M. and will continue to be open until 7:00
11 o'clock P.M. of that day.
12 Dated (date of notice)
13 (Name or title of the election authority)
14 The notice shall also include any additional information
15 required by the statute authorizing the public question. The
16 notice shall set forth the precincts and polling places at
17 which the referendum will be conducted only in the case of
18 emergency referenda.
19 Not more than 30 nor less than 10 days prior to the date
20 of a regular election at which a public question is to be
21 submitted to the voters of a political subdivision, and at
22 least 20 days prior to an emergency referendum, the election
23 authority shall publish notice of the referendum. The
24 publication requirements shall be as provided in Section 12-4
25 for notice of election of officers of the political
26 subdivision. However, notice of a referendum shall include
27 the public question as it will appear on the ballot and any
28 additional information required by the statute authorizing
29 the public question. Such notice shall enumerate the
30 precincts and polling places at which the referendum will be
31 conducted only in the case of emergency referenda.
32 (Source: P.A. 81-963.)
33 (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
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1 Sec. 28-3. Form of petition for public question.
2 Petitions for the submission of public questions shall
3 consist of sheets of uniform size and each sheet shall
4 contain, above the space for signature, an appropriate
5 heading, giving the information as to the question of public
6 policy to be submitted, and specifying the state at large or
7 the political subdivision or district or precinct or
8 combination of precincts or other territory in which it is to
9 be submitted and, where by law the public question must be
10 submitted at a particular election, the election at which it
11 is to be submitted. In the case of a petition for the
12 submission of a public question described in subsection (b)
13 of Section 28-6, the heading shall also specify the regular
14 election at which the question is to be submitted and include
15 the precincts included in the territory concerning which the
16 public question is to be submitted, as well as a common
17 description of such territory in plain and nonlegal language,
18 such description to describe the territory by reference to
19 streets, natural or artificial landmarks, addresses or any
20 other method which would enable a voter signing the petition
21 to be informed of the territory concerning which the question
22 is to be submitted. The heading of each sheet shall be the
23 same. Such petition shall be signed by the registered voters
24 of the political subdivision or district or precinct or
25 combination of precincts in which the question of public
26 policy is to be submitted in their own proper persons only,
27 and opposite the signature of each signer his residence
28 address shall be written or printed, which residence address
29 shall include the street address or rural route number of the
30 signer, as the case may be, as well as the signer's county,
31 and city, village or town, and state; provided that the
32 county or city, village or town, and state of residence of
33 such electors may be printed on the petition forms where all
34 of the such electors signing the petition reside in the same
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1 county or city, village or town, and state. Standard
2 abbreviations may be used in writing the residence address,
3 including street number, if any. No signature shall be valid
4 or be counted in considering the validity or sufficiency of
5 such petition unless the requirements of this Section are
6 complied with.
7 At the bottom of each sheet of such petition shall be
8 added a statement, signed by a registered voter, who has been
9 a registered voter at all times he or she circulated the
10 petition, of the political subdivision or district or
11 precinct or combination of precincts in which the question of
12 public policy is to be submitted, stating the street address
13 or rural route number of the voter, as the case may be, as
14 well as the voter's county, and city, village or town, and
15 state certifying that the signatures on that sheet of the
16 petition were signed in his presence and are genuine, and
17 that to the best of his knowledge and belief the persons so
18 signing were at the time of signing the petition registered
19 voters of the political subdivision or district or precinct
20 or combination of precincts in which the question of public
21 policy is to be submitted and that their respective
22 residences are correctly stated therein. Such statement shall
23 be sworn to before some officer authorized to administer
24 oaths in this State.
25 Such sheets, before being filed with the proper officer
26 or board shall be bound securely and numbered consecutively.
27 The sheets shall not be fastened by pasting them together end
28 to end, so as to form a continuous strip or roll. All
29 petition sheets which are filed with the proper local
30 election officials, election authorities or the State Board
31 of Elections shall be the original sheets which have been
32 signed by the voters and by the circulator, and not
33 photocopies or duplicates of such sheets. A petition, when
34 presented or filed, shall not be withdrawn, altered, or added
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1 to, and no signature shall be revoked except by revocation in
2 writing presented or filed with the board or officer with
3 whom the petition is required to be presented or filed, and
4 before the presentment or filing of such petition, except as
5 may otherwise be provided in another statute which authorize
6 the public question. Whoever forges any name of a signer upon
7 any petition shall be deemed guilty of a forgery, and on
8 conviction thereof, shall be punished accordingly.
9 In addition to the foregoing requirements, a petition
10 proposing an amendment to Article IV of the Constitution
11 pursuant to Section 3 of Article XIV of the Constitution or a
12 petition proposing a question of public policy to be
13 submitted to the voters of the entire State shall be in
14 conformity with the requirements of Section 28-9 of this
15 Article.
16 If multiple sets of petitions for submission of the same
17 public questions are filed, the State Board of Elections,
18 appropriate election authority or local election official
19 where the petitions are filed shall within 2 business days
20 notify the proponent of his or her multiple petition filings
21 and that proponent has 3 business days after receipt of the
22 notice to notify the State Board of Elections, appropriate
23 election authority or local election official that he or she
24 may cancel prior sets of petitions. If the proponent
25 notifies the State Board of Elections, appropriate election
26 authority or local election official, the last set of
27 petitions filed shall be the only petitions to be considered
28 valid by the State Board of Elections, appropriate election
29 authority or local election official. If the proponent fails
30 to notify the State Board of Elections, appropriate election
31 authority or local election official then only the first set
32 of petitions filed shall be valid and all subsequent
33 petitions shall be void.
34 (Source: P.A. 86-867; 87-1052.)
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1 Section 15. The Local Government Debt Reform Act is
2 amended by changing Section 15 as follows:
3 (30 ILCS 350/15) (from Ch. 17, par. 6915)
4 Sec. 15. Double-barrelled bonds. Whenever revenue bonds
5 have been authorized to be issued pursuant to applicable law
6 or whenever there exists for a governmental unit a revenue
7 source, the procedures set forth in this Section may be used
8 by a governing body. General obligation bonds may be issued
9 in lieu of such revenue bonds as authorized, and general
10 obligation bonds may be issued payable from any revenue
11 source. Such general obligation bonds may be referred to as
12 "alternate bonds". Alternate bonds may be issued without any
13 referendum or backdoor referendum except as provided in this
14 Section, upon the terms provided in Section 10 of this Act
15 without reference to other provisions of law, but only upon
16 the conditions provided in this Section. Alternate bonds
17 shall not be regarded as or included in any computation of
18 indebtedness for the purpose of any statutory provision or
19 limitation except as expressly provided in this Section.
20 Such conditions are:
21 (a) Alternate bonds shall be issued for a lawful
22 corporate purpose. If issued in lieu of revenue bonds,
23 alternate bonds shall be issued for the purposes for which
24 such revenue bonds shall have been authorized. If issued
25 payable from a revenue source in the manner hereinafter
26 provided, which revenue source is limited in its purposes or
27 applications, then the alternate bonds shall be issued only
28 for such limited purposes or applications. Alternate bonds
29 may be issued payable from either enterprise revenues or
30 revenue sources, or both.
31 (b) Alternate bonds shall be subject to backdoor
32 referendum. The provisions of Section 5 of this Act shall
33 apply to such backdoor referendum, together with the
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1 provisions hereof. The authorizing ordinance shall be
2 published in a newspaper of general circulation in the
3 governmental unit. Along with or as part of the authorizing
4 ordinance, there shall be published a notice of (1) the
5 specific number of voters required to sign a petition
6 requesting that the issuance of the alternate bonds be
7 submitted to referendum, (2) the time when such petition must
8 be filed, (3) the date of the prospective referendum, and
9 (4), with respect to authorizing ordinances adopted on or
10 after January 1, 1991, a statement that identifies any
11 revenue source that will be used to pay the principal of and
12 interest on the alternate bonds. The clerk or secretary of
13 the governmental unit shall make a petition form available to
14 anyone requesting one. If no petition is filed with the
15 clerk or secretary within 30 days of publication of the
16 authorizing ordinance and notice, the alternate bonds shall
17 be authorized to be issued. But if within this 30 days
18 period, a petition is filed with such clerk or secretary
19 signed by electors numbering the greater of (i) 7.5% of the
20 registered voters in the governmental unit or (ii) 200 of
21 those registered voters or 15% of those registered voters,
22 whichever is less, asking that the issuance of such alternate
23 bonds be submitted to referendum, the clerk or secretary
24 shall certify such question for submission at an election
25 held in accordance with the general election law. The
26 question on the ballot shall include a statement of any
27 revenue source that will be used to pay the principal of and
28 interest on the alternate bonds. The alternate bonds shall be
29 authorized to be issued if a majority of the votes cast on
30 the question at such election are in favor thereof provided
31 that notice of the bond referendum, if heretofore or
32 hereafter held before July 1, 1999, has been or shall be
33 given in accordance with the provisions of Section 12-5 of
34 the Election Code in effect at the time of the bond
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1 referendum, at least 10 and not more than 45 days before the
2 date of the election, notwithstanding the time for
3 publication otherwise imposed by Section 12-5. Notices
4 required in connection with the submission of public
5 questions on or after July 1, 1999 shall be as set forth in
6 Section 12-5 of the Election Code. Backdoor referendum
7 proceedings for bonds and alternate bonds to be issued in
8 lieu of such bonds may be conducted at the same time.
9 (c) To the extent payable from enterprise revenues, such
10 revenues shall have been determined by the governing body to
11 be sufficient to provide for or pay in each year to final
12 maturity of such alternate bonds all of the following: (1)
13 costs of operation and maintenance of the utility or
14 enterprise, but not including depreciation, (2) debt service
15 on all outstanding revenue bonds payable from such enterprise
16 revenues, (3) all amounts required to meet any fund or
17 account requirements with respect to such outstanding revenue
18 bonds, (4) other contractual or tort liability obligations,
19 if any, payable from such enterprise revenues, and (5) in
20 each year, an amount not less than 1.25 times debt service of
21 all (i) alternate bonds payable from such enterprise revenues
22 previously issued and outstanding and (ii) alternate bonds
23 proposed to be issued. To the extent payable from one or
24 more revenue sources, such sources shall have been determined
25 by the governing body to provide in each year, an amount not
26 less than 1.25 times debt service of all alternate bonds
27 payable from such revenue sources previously issued and
28 outstanding and alternate bonds proposed to be issued. The
29 conditions enumerated in this subsection (c) need not be met
30 for that amount of debt service provided for by the setting
31 aside of proceeds of bonds or other moneys at the time of the
32 delivery of such bonds.
33 (d) The determination of the sufficiency of enterprise
34 revenues or a revenue source, as applicable, shall be
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1 supported by reference to the most recent audit of the
2 governmental unit, which shall be for a fiscal year ending
3 not earlier than 18 months previous to the time of issuance
4 of the alternate bonds. If such audit does not adequately
5 show such enterprise revenues or revenue source, as
6 applicable, or if such enterprise revenues or revenue source,
7 as applicable, are shown to be insufficient, then the
8 determination of sufficiency shall be supported by the report
9 of an independent accountant or feasibility analyst having a
10 national reputation for expertise in such matters,
11 demonstrating the sufficiency of such revenues and
12 explaining, if appropriate, by what means the revenues will
13 be greater than as shown in the audit. Whenever such
14 sufficiency is demonstrated by reference to a schedule of
15 higher rates or charges for enterprise revenues or a higher
16 tax imposition for a revenue source, such higher rates,
17 charges or taxes shall have been properly imposed by an
18 ordinance adopted prior to the time of delivery of alternate
19 bonds. The reference to and acceptance of an audit or
20 report, as the case may be, and the determination of the
21 governing body as to sufficiency of enterprise revenues or a
22 revenue source shall be conclusive evidence that the
23 conditions of this Section have been met and that the
24 alternate bonds are valid.
25 (e) The enterprise revenues or revenue source, as
26 applicable, shall be in fact pledged to the payment of the
27 alternate bonds; and the governing body shall covenant, to
28 the extent it is empowered to do so, to provide for, collect
29 and apply such enterprise revenues or revenue source, as
30 applicable, to the payment of the alternate bonds and the
31 provision of not less than an additional .25 times debt
32 service. The pledge and establishment of rates or charges
33 for enterprise revenues, or the imposition of taxes in a
34 given rate or amount, as provided in this Section for
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1 alternate bonds, shall constitute a continuing obligation of
2 the governmental unit with respect to such establishment or
3 imposition and a continuing appropriation of the amounts
4 received. All covenants relating to alternate bonds and the
5 conditions and obligations imposed by this Section are
6 enforceable by any bondholder of alternate bonds affected,
7 any taxpayer of the governmental unit, and the People of the
8 State of Illinois acting through the Attorney General or any
9 designee, and in the event that any such action results in an
10 order finding that the governmental unit has not properly set
11 rates or charges or imposed taxes to the extent it is
12 empowered to do so or collected and applied enterprise
13 revenues or any revenue source, as applicable, as required by
14 this Act, the plaintiff in any such action shall be awarded
15 reasonable attorney's fees. The intent is that such
16 enterprise revenues or revenue source, as applicable, shall
17 be sufficient and shall be applied to the payment of debt
18 service on such alternate bonds so that taxes need not be
19 levied, or if levied need not be extended, for such payment.
20 Nothing in this Section shall inhibit or restrict the
21 authority of a governing body to determine the lien priority
22 of any bonds, including alternate bonds, which may be issued
23 with respect to any enterprise revenues or revenue source.
24 In the event that alternate bonds shall have been issued
25 and taxes, other than a designated revenue source, shall have
26 been extended pursuant to the general obligation, full faith
27 and credit promise supporting such alternate bonds, then the
28 amount of such alternate bonds then outstanding shall be
29 included in the computation of indebtedness of the
30 governmental unit for purposes of all statutory provisions or
31 limitations until such time as an audit of the governmental
32 unit shall show that the alternate bonds have been paid from
33 the enterprise revenues or revenue source, as applicable,
34 pledged thereto for a complete fiscal year.
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1 Alternate bonds may be issued to refund or advance refund
2 alternate bonds without meeting any of the conditions set
3 forth in this Section, except that the term of the refunding
4 bonds shall not be longer than the term of the refunded bonds
5 and that the debt service payable in any year on the
6 refunding bonds shall not exceed the debt service payable in
7 such year on the refunded bonds.
8 Once issued, alternate bonds shall be and forever remain
9 until paid or defeased the general obligation of the
10 governmental unit, for the payment of which its full faith
11 and credit are pledged, and shall be payable from the levy of
12 taxes as is provided in this Act for general obligation
13 bonds.
14 The changes made by this amendatory Act of 1990 do not
15 affect the validity of bonds authorized before September 1,
16 1990.
17 (Source: P.A. 90-812, eff. 1-26-99.)
18 Section 20. The Property Tax Code is amended by changing
19 Sections 18-205 and 18-210 as follows:
20 (35 ILCS 200/18-205)
21 Sec. 18-205. Referendum to increase the extension
22 limitation. A taxing district is limited to an extension
23 increase of 5% or the percentage increase in the Consumer
24 Price Index during the 12-month calendar year preceding the
25 levy year, whichever is less. A taxing district may increase
26 its extension limitation for a current levy year if that
27 taxing district holds a referendum before the levy date at
28 which a majority of voters voting on the issue approves
29 adoption of a higher extension limitation. Referenda shall
30 be conducted at a regularly scheduled election in accordance
31 with the Election Code provided that notice of the
32 referendum, if heretofore or hereafter held before July 1,
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1 1999, has been or shall be given in accordance with the
2 provisions of Section 12-5 of the Election Code in effect at
3 the time of the bond referendum, at least 10 and not more
4 than 45 days before the date of the election, notwithstanding
5 the time for publication otherwise imposed by Section 12-5.
6 Notices required in connection with the submission of public
7 questions on or after July 1, 1999 shall be as set forth in
8 Section 12-5 of the Election Code. The question shall be
9 presented in substantially the following manner:
10 -------------------------------------------------------------
11 Shall the extension limitation
12 under the Property Tax Extension
13 Limitation Law for ... YES
14 (taxing district name) ... be increased
15 from ... (the lesser of 5% or the ------------------
16 increase in the Consumer Price Index over
17 the prior levy year) ...% to ... (percentage NO
18 of proposed increase) ...% for the ...
19 (levy year) ... levy year?
20 -------------------------------------------------------------
21 If a majority of voters voting on the issue approves the
22 adoption of the increase, the increase shall be applicable
23 for the levy year specified.
24 (Source: P.A. 90-812, eff. 1-26-99.)
25 (35 ILCS 200/18-210)
26 Sec. 18-210. Establishing a new levy. Except as provided
27 in Section 18-215, as it relates to a transfer of a service,
28 before a county clerk may extend taxes for funds subject to
29 the limitations of this Law, a new taxing district or a
30 taxing district with an aggregate extension base of zero
31 shall hold a referendum establishing a maximum aggregate
32 extension for the levy year. The maximum aggregate extension
33 is established for the current levy year if a taxing district
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1 has held a referendum before the levy date at which the
2 majority voting on the issue approves its adoption. The
3 referendum under this Section may be held at the same time as
4 the referendum on creating a new taxing district. The
5 question shall be submitted to the voters at a regularly
6 scheduled election in accordance with the Election Code
7 provided that notice of referendum, if heretofore or
8 hereafter held before July 1, 1999, has been or shall be
9 given in accordance with the provisions of Section 12-5 of
10 the Election Code in effect at the time of the bond
11 referendum, at least 10 and not more than 45 days before the
12 date of the election, notwithstanding the time for
13 publication otherwise imposed by Section 12-5. Notices
14 required in connection with the submission of public
15 questions on or after July 1, 1999 shall be as set forth in
16 Section 12-5 of the Election Code. The question shall be
17 submitted in substantially the following form:
18 -------------------------------------------------------------
19 Under the Property Tax Extension
20 Limitation Law, may an YES
21 aggregate extension not to exceed ...
22 (aggregate extension amount) ... ---------------------
23 be made for the ... (taxing
24 district name) ... for the NO
25 ... (levy year) ... levy year?
26 -------------------------------------------------------------
27 If a majority of voters voting on the increase approves the
28 adoption of the aggregate extension, the extension shall be
29 effective for the levy year specified.
30 (Source: P.A. 90-812, eff. 1-26-99.)
31 Section 25. The Illinois Pension Code is amended by
32 changing Section 3-145 as follows:
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1 (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
2 Sec. 3-145. Referendum in municipalities less than
3 5,000. This Article shall not be effective in any
4 municipality having a population of less than 5,000 unless
5 the proposition to adopt the Article is submitted to and
6 approved by the voters of the municipality in the manner
7 herein provided.
8 Whenever the electors of the municipality, equal in
9 number to 5% of the number of legal votes cast at the last
10 preceding general municipal election, petition the city,
11 village or town clerk to submit the proposition whether that
12 municipality shall adopt this Article, the officer to whom
13 the petition is addressed shall certify the proposition to
14 the proper election officials who shall submit the
15 proposition in accordance with the general election law at a
16 regular election in the municipality provided that notice of
17 the referendum, if heretofore or hereafter held before July
18 1, 1999, has been or shall be given in accordance with the
19 provisions of Section 12-5 of the Election Code in effect at
20 the time of the bond referendum, at least 10 and not more
21 than 45 days before the date of the election, notwithstanding
22 the time for publication otherwise imposed by Section 12-5.
23 Notices required in connection with the submission of public
24 questions on or after July 1, 1999 shall be as set forth in
25 Section 12-5 of the Election Code. If the proposition is not
26 adopted at that election, it may be submitted in like manner
27 at any regular election thereafter. The proposition shall be
28 substantially in the following form:
29 -------------------------------------------------------------
30 Shall the city (or village or
31 incorporated town) of.... adopt YES
32 Article 3 of the "Illinois Pension -----------------------
33 Code", pertaining to the creation NO
34 of a police pension fund?
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1 -------------------------------------------------------------
2 If a majority of the votes cast on the proposition is for the
3 proposition, this Article is adopted in that municipality.
4 (Source: P.A. 90-812, eff. 1-26-99.)
5 Section 5. The Illinois Municipal Code is amended by
6 changing Sections 3.1-25-20, 4-3-5, and 8-4-1 and adding
7 Section 3.1-20-45 as follows:
8 (65 ILCS 5/3.1-20-45 new)
9 Sec. 3.1-20-45. Nonpartisan primary elections;
10 uncontested office. A city incorporated under this Code that
11 elects municipal officers at nonpartisan primary and general
12 elections shall conduct the elections as provided in the
13 Election Code, except that no office for which nomination is
14 uncontested shall be included on the primary ballot and no
15 primary shall be held for that office. For the purposes of
16 this Section, an office is uncontested when not more than two
17 persons to be nominated for each office have timely filed
18 valid nominating papers seeking nomination for the election
19 to that office.
20 Notwithstanding the preceding paragraph, when a person
21 (i) who has not timely filed valid nomination papers and (ii)
22 who intends to become a write-in candidate for nomination for
23 any office for which nomination is uncontested files a
24 written statement or notice of that intent with the proper
25 election official with whom the nomination papers for that
26 office are filed, a primary ballot must be prepared and a
27 primary must be held for the office. The statement or notice
28 must be filed on or before the 61st day before the
29 consolidated primary election. The statement must contain (i)
30 the name and address of the person intending to become a
31 write-in candidate, (ii) a statement that the person intends
32 to become a write-in candidate, and (iii) the office the
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1 person is seeking as a write-in candidate. An election
2 authority has no duty to conduct a primary election or
3 prepare a primary ballot unless a statement meeting the
4 requirements of this paragraph is filed in a timely manner.
5 (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
6 Sec. 3.1-25-20. Primary election. A village incorporated
7 under this Code shall nominate and elect candidates for
8 president and trustees in nonpartisan primary and general
9 elections as provided in Sections 3.1-25-20 through 3.1-25-55
10 until the electors of the village vote to require the
11 partisan election of the president and trustees at a
12 referendum in the manner provided in Section 3.1-25-65 after
13 January 1, 1992. The provisions of Sections 3.1-25-20 through
14 3.1-25-55 shall apply to all villages incorporated under this
15 Code that have operated under those Sections without the
16 adoption of those provisions by the referendum provided in
17 Section 3.1-25-60 as well as those villages that have adopted
18 those provisions by the referendum provided in Section
19 3.1-25-60 until the electors of those villages vote to
20 require the partisan election of the president and trustees
21 in the manner provided in Section 3.1-25-65. Villages that
22 have nominated and elected candidates for president and
23 trustees in partisan elections prior to January 1, 1992, may
24 continue to hold partisan elections without conducting a
25 referendum in the manner provided in Section 3.1-25-65. All
26 candidates for nomination to be voted for at all general
27 municipal elections at which a president or trustees, or
28 both, are to be elected under this Article shall be nominated
29 from the village at large by a primary election, except that
30 no primary shall be held where the names of not more than 2
31 persons are entitled to be printed on the primary ballot as
32 candidates for the nomination for each office to be filled at
33 an election at which no other offices are to be filled and
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1 those persons, having filed the statement of candidacy and
2 petition required by the general election law, shall be the
3 candidates for office at the general municipal election.
4 Notwithstanding any other provision of law, no primary
5 shall be held in any village when the nomination for every
6 office to be voted upon by the electors of the village is
7 uncontested. If the nomination of candidates is uncontested
8 as to one or more, but not all, of the offices to be voted
9 upon by the electors of the village, then a primary must be
10 held in the village, provided that the primary ballot shall
11 not include those offices in the village for which the
12 nomination is uncontested. For the purposes of this Section,
13 an office is uncontested when not more than the number of
14 persons to be nominated to the office have timely filed valid
15 nominating papers seeking nomination for election to that
16 office.
17 Notwithstanding the preceding paragraph, when a person
18 (i) who has not timely filed valid nomination papers and (ii)
19 who intends to become a write-in candidate for nomination for
20 any office for which nomination is uncontested files a
21 written statement or notice of that intent with the proper
22 election official with whom the nomination papers for that
23 office are filed, a primary ballot must be prepared and a
24 primary must be held for the office. The statement or notice
25 must be filed on or before the 61st day before the
26 consolidated primary election. The statement must contain
27 (i) the name and address of the person intending to become a
28 write-in candidate, (ii) a statement that the person intends
29 to become a write-in candidate, and (iii) the office the
30 person is seeking as a write-in candidate. An election
31 authority has no duty to conduct a primary election or
32 prepare a primary ballot unless a statement meeting the
33 requirements of this paragraph is filed in a timely manner.
34 Only the names of those persons nominated in the manner
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1 prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be
2 placed on the ballot at the general municipal election. The
3 village clerk shall certify the offices to be filled and the
4 candidates for those offices to the proper election authority
5 as provided in the general election law. A primary for those
6 offices, if required, shall be held in accordance with the
7 general election law.
8 (Source: P.A. 87-1119.)
9 (65 ILCS 5/4-3-5) (from Ch. 24, par. 4-3-5)
10 Sec. 4-3-5. All candidates for nomination to be voted for
11 at all general municipal elections at which a mayor and 4
12 commissioners are to be elected under this article shall be
13 nominated from the municipality at large by a primary
14 election, except that no primary shall be held where the
15 names of not more than 2 persons are entitled to be printed
16 on the primary ballot as a candidate for the nomination for
17 each office to be filled at an election at which no other
18 offices are to be voted on and such persons, having filed the
19 statement of candidacy and petition required by the general
20 election law shall be the candidates for office at the
21 general municipal election.
22 Notwithstanding any other provision of law, no primary
23 shall be held in any municipality when the nomination for
24 every office to be voted upon by the electors of the
25 municipality is uncontested. If the nomination of candidates
26 is uncontested as to one or more, but not all, of the offices
27 to be voted upon by the electors of the municipality, then a
28 primary must be held in the municipality, provided that the
29 primary ballot shall not include those offices in the
30 municipality for which the nomination is uncontested. For
31 the purposes of this Section, an office is uncontested when
32 not more than the number of persons to be nominated to the
33 office have timely filed valid nominating papers seeking
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1 nomination for election to that office.
2 Notwithstanding the preceding paragraph, when a person
3 (i) who has not timely filed valid nomination papers and (ii)
4 who intends to become a write-in candidate for nomination for
5 any office for which nomination is uncontested files a
6 written statement or notice of that intent with the proper
7 election official with whom the nomination papers for that
8 office are filed, a primary ballot must be prepared and a
9 primary must be held for the office. The statement or notice
10 must be filed on or before the 61st day before the
11 consolidated primary election. The statement must contain
12 (i) the name and address of the person intending to become a
13 write-in candidate, (ii) a statement that the person intends
14 to become a write-in candidate, and (iii) the office the
15 person is seeking as a write-in candidate. An election
16 authority has no duty to conduct a primary election or
17 prepare a primary ballot unless a statement meeting the
18 requirements of this paragraph is filed in a timely manner.
19 Only the names of those persons nominated in the manner
20 prescribed in this article shall be placed upon the ballot at
21 the general municipal election. The municipal clerk shall
22 certify the offices to be filled and the candidates therefor
23 to the proper election authority as provided in the general
24 election law.
25 A primary for such offices, if required, shall be held in
26 accordance with the provisions of the general election law.
27 (Source: P.A. 81-1490.)
28 (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
29 Sec. 8-4-1. No bonds shall be issued by the corporate
30 authorities of any municipality until the question of
31 authorizing such bonds has been submitted to the electors of
32 that municipality provided that notice of the bond
33 referendum, if heretofore or hereafter held before July 1,
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1 1999, has been or shall be given in accordance with the
2 provisions of Section 12-5 of the Election Code in effect at
3 the time of the bond referendum, at least 10 and not more
4 than 45 days before the date of the election, notwithstanding
5 the time for publication otherwise imposed by Section 12-5,
6 and approved by a majority of the electors voting upon that
7 question. Notices required in connection with the submission
8 of public questions on or after July 1, 1999 shall be as set
9 forth in Section 12-5 of the Election Code. The clerk shall
10 certify the proposition of the corporate authorities to the
11 proper election authority who shall submit the question at an
12 election in accordance with the general election law, subject
13 to the notice provisions set forth in this Section.
14 Notice of any such election shall contain the amount of
15 the bond issue, purpose for which issued, and maximum rate of
16 interest.
17 However, without the submission of the question of
18 issuing bonds to the electors, the corporate authorities of
19 any municipality may authorize the issuance of any of the
20 following bonds:
21 (1) Bonds to refund any existing bonded indebtedness;
22 (2) Bonds to fund or refund any existing judgment
23 indebtedness;
24 (3) In any municipality of less than 500,000 population,
25 bonds to anticipate the collection of installments of special
26 assessments and special taxes against property owned by the
27 municipality and to anticipate the collection of the amount
28 apportioned to the municipality as public benefits under
29 Article 9;
30 (4) Bonds issued by any municipality under Sections
31 8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-25-1
32 through 11-26-6, 11-71-1 through 11-71-10, 11-74.4-1 through
33 11-74.4-11, 11-74.5-1 through 11-74.5-15, 11-94-1 through
34 11-94-7, 11-102-1 through 11-102-10, 11-103-11 through
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1 11-103-15, 11-118-1 through 11-118-6, 11-119-1 through
2 11-119-5, 11-129-1 through 11-129-7, 11-133-1 through
3 11-133-4, 11-139-1 through 11-139-12, 11-141-1 through
4 11-141-18 of this Code or 10-801 through 10-808 of the
5 Illinois Highway Code, as amended;
6 (5) Bonds issued by the board of education of any school
7 district under the provisions of Sections 34-30 through 34-36
8 of The School Code, as amended;
9 (6) Bonds issued by any municipality under the
10 provisions of Division 6 of this Article 8; and by any
11 municipality under the provisions of Division 7 of this
12 Article 8; or under the provisions of Sections 11-121-4 and
13 11-121-5;
14 (7) Bonds to pay for the purchase of voting machines by
15 any municipality that has adopted Article 24 of The Election
16 Code, approved May 11, 1943, as amended;
17 (8) Bonds issued by any municipality under Sections 15
18 and 46 of the "Environmental Protection Act", approved June
19 29, 1970;
20 (9) Bonds issued by the corporate authorities of any
21 municipality under the provisions of Section 8-4-25 of this
22 Article 8;
23 (10) Bonds issued under Section 8-4-26 of this Article 8
24 by any municipality having a board of election commissioners;
25 (11) Bonds issued under the provisions of "An Act to
26 provide the manner of levying or imposing taxes for the
27 provision of special services to areas within the boundaries
28 of home rule units and nonhome rule municipalities and
29 counties", approved September 21, 1973;
30 (12) Bonds issued under Section 8-5-16 of this Code;
31 (13) Bonds to finance the cost of the acquisition,
32 construction or improvement of water or wastewater treatment
33 facilities mandated by an enforceable compliance schedule
34 developed in connection with the federal Clean Water Act or a
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1 compliance order issued by the United States Environmental
2 Protection Agency or the Illinois Pollution Control Board;
3 provided that such bonds are authorized by an ordinance
4 adopted by a three-fifths majority of the corporate
5 authorities of the municipality issuing the bonds which
6 ordinance shall specify that the construction or improvement
7 of such facilities is necessary to alleviate an emergency
8 condition in such municipality;
9 (14) Bonds issued by any municipality pursuant to
10 Section 11-113.1-1;
11 (15) Bonds issued under Sections 11-74.6-1 through
12 11-74.6-45, the Industrial Jobs Recovery Law of this Code.
13 (Source: P.A. 90-706, eff. 8-7-98; 90-812, eff. 1-26-99.)
14 Section 35. The Public Library District Act of 1991 is
15 amended by changing Section 40-15 as follows:
16 (75 ILCS 16/40-15)
17 Sec. 40-15. Voter approval of bonds.
18 (a) Bonds shall not be issued, nor the special tax
19 imposed, until the proposition to issue the bonds has been
20 submitted to and approved by a majority of the voters of the
21 district voting upon the proposition at a regular election
22 provided that notice of the bond referendum, if heretofore or
23 hereafter held before July 1, 1999, has been or shall be
24 given in accordance with the provisions of Section 12-5 of
25 the Election Code in effect at the time of the bond
26 referendum, at least 10 and not more than 45 days before the
27 date of the election, notwithstanding the time for
28 publication otherwise imposed by Section 12-5. Notices
29 required in connection with the submission of public
30 questions on or after July 1, 1999 shall be as set forth in
31 Section 12-5 of the Election Code. The board shall by
32 ordinance designate the election at which the proposition is
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1 to be submitted and the amount of the bonds and their
2 purpose. The board shall certify the proposition to the
3 proper election authority, who shall submit the proposition
4 in accordance with the Election Code, subject to the notice
5 provisions set forth in this Section.
6 (b) The proposition to issue bonds shall be in
7 substantially the following form:
8 Shall the bonds of (name of public library
9 district), (location), Illinois, in the amount of
10 $(amount) be issued for the purpose of (state one or more
11 purposes authorized in Section 40-5)?
12 (c) When so authorized, the bonds shall be issued in the
13 name of the district, signed by the president and secretary,
14 and countersigned by the treasurer, with the seal of the
15 district affixed.
16 (Source: P.A. 90-812, eff. 1-26-99.)
17 Section 40. The School Code is amended by changing
18 Section 19-3 as follows:
19 (105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
20 Sec. 19-3. Boards of education. Any school district
21 governed by a board of education and having a population of
22 not more than 500,000 inhabitants, and not governed by a
23 special Act may borrow money for the purpose of building,
24 equipping, altering or repairing school buildings or
25 purchasing or improving school sites, or acquiring and
26 equipping playgrounds, recreation grounds, athletic fields,
27 and other buildings or land used or useful for school
28 purposes or for the purpose of purchasing a site, with or
29 without a building or buildings thereon, or for the building
30 of a house or houses on such site, or for the building of a
31 house or houses on the school site of the school district,
32 for residential purposes of the superintendent, principal, or
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1 teachers of the school district, and issue its negotiable
2 coupon bonds therefor signed by the president and secretary
3 of the board, in denominations of not less than $100 nor more
4 than $5,000, payable at such place and at such time or times,
5 not exceeding 20 years from date of issuance, as the board of
6 education may prescribe, and bearing interest at a rate not
7 to exceed the maximum rate authorized by the Bond
8 Authorization Act, as amended at the time of the making of
9 the contract, payable annually, semiannually or quarterly,
10 but no such bonds shall be issued unless the proposition to
11 issue them is submitted to the voters of the district at a
12 referendum held at a regularly scheduled election after the
13 board has certified the proposition to the proper election
14 authorities in accordance with the general election law, a
15 majority of all the votes cast on the proposition is in favor
16 of the proposition, and notice of such bond referendum (if
17 heretofore or hereafter held at any general or consolidated
18 election) has been given either (i) in accordance with the
19 second paragraph of Section 12-1 of the Election Code
20 irrespective of whether such notice included any reference to
21 the public question as it appeared on the ballot, or (ii) for
22 an election held on or after November 1, 1998, in accordance
23 with Section 12-5 of the Election Code, or (iii) by
24 publication of a true and legible copy of the specimen ballot
25 label containing the proposition in the form in which it
26 appeared or will appear on the official ballot label on the
27 day of the election at least 5 days before the day of the
28 election in at least one newspaper published in and having a
29 general circulation in each county in which the district is
30 located, irrespective of any other requirements of Article 12
31 or Section 24A-18 of the Election Code, nor shall any
32 residential site be acquired unless such proposition to
33 acquire a site is submitted to the voters of the district at
34 a referendum held at a regularly scheduled election after the
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1 board has certified the proposition to the proper election
2 authorities in accordance with the general election law and a
3 majority of all the votes cast on the proposition is in favor
4 of the proposition. Nothing in this Act or in any other law
5 shall be construed to require the notice of the bond
6 referendum to be published over the name or title of the
7 election authority or the listing of maturity dates of any
8 bonds either in the notice of bond election or ballot used in
9 the bond election. The provisions of this Section concerning
10 notice of the bond referendum apply only to elections held
11 before July 1, 1999; thereafter, notices required in
12 connection with the submission of public questions shall be
13 as set forth in Section 12-5 of the Election Code. Such
14 proposition may be initiated by resolution of the school
15 board.
16 With respect to instruments for the payment of money
17 issued under this Section either before, on, or after the
18 effective date of this amendatory Act of 1989, it is and
19 always has been the intention of the General Assembly (i)
20 that the Omnibus Bond Acts are and always have been
21 supplementary grants of power to issue instruments in
22 accordance with the Omnibus Bond Acts, regardless of any
23 provision of this Act that may appear to be or to have been
24 more restrictive than those Acts, (ii) that the provisions of
25 this Section are not a limitation on the supplementary
26 authority granted by the Omnibus Bond Acts, and (iii) that
27 instruments issued under this Section within the
28 supplementary authority granted by the Omnibus Bond Acts are
29 not invalid because of any provision of this Act that may
30 appear to be or to have been more restrictive than those
31 Acts.
32 The proceeds of any bonds issued under authority of this
33 Section shall be deposited and accounted for separately
34 within the Site and Construction/Capital Improvements Fund.
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1 (Source: P.A. 89-698, eff. 1-14-97; 90-811, eff. 1-26-99;
2 90-812, eff. 1-26-99.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.
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