093_HB2207ham001

 










                                     LRB093 08349 JAM 13110 a

 1                    AMENDMENT TO HOUSE BILL 2207

 2        AMENDMENT NO.     .  Amend House Bill 2207  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Election  Code is amended by changing
 5    Sections 28-6 and 28-9 as follows:

 6        (10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
 7        Sec. 28-6.  Petitions; filing.
 8        (a)  On a written petition signed by a number  of  voters
 9    equal  to  at  least  8% of the votes cast for candidates for
10    Governor in the preceding gubernatorial election  by  10%  of
11    the  registered  voters  of  the  any municipality, township,
12    county or school district it shall be the duty of the  proper
13    election  officers to submit any question of public policy so
14    petitioned for, to the electors of such political subdivision
15    at any regular election named in the  petition  at  which  an
16    election  is  scheduled  to be held throughout such political
17    subdivision under Article 2A. Such petitions shall  be  filed
18    with the local election official of the political subdivision
19    or  election  authority,  as  the  case  may be. Where such a
20    question is to be submitted to the voters of  a  municipality
21    which has adopted Article 6, or a township or school district
22    located entirely within the jurisdiction of a municipal board
 
                            -2-      LRB093 08349 JAM 13110 a
 1    of election commissioners, such petitions shall be filed with
 2    the  board of election commissioners having jurisdiction over
 3    the political subdivision.
 4        (b)  In  a  municipality   with   more   than   1,000,000
 5    inhabitants,  when  a  question  of public policy exclusively
 6    concerning a contiguous territory  included  entirely  within
 7    but  not  coextensive  with  the municipality is initiated by
 8    resolution or ordinance of the corporate authorities  of  the
 9    municipality,  or  by  a  petition  which  may  be  signed by
10    registered voters who reside in any part of any precinct  all
11    or  part  of  which includes all or part of the territory and
12    who equal in number at least 8% of the total votes  cast  for
13    candidates   for  Governor  in  the  preceding  gubernatorial
14    election by 10% of the total number of registered  voters  of
15    the  precinct or precincts the registered voters of which are
16    eligible to sign the petition, it shall be the  duty  of  the
17    election authority having jurisdiction over such municipality
18    to  submit  such  question  to  the  electors throughout each
19    precinct all or part of which includes all  or  part  of  the
20    territory   at   the   regular   election  specified  in  the
21    resolution,  ordinance  or  petition  initiating  the  public
22    question.  A petition initiating a public question  described
23    in this subsection shall be filed with the election authority
24    having  jurisdiction  over  the  municipality.  A resolution,
25    ordinance or petition initiating a public question  described
26    in  this  subsection  shall specify the election at which the
27    question is to be submitted.
28        (c)  Local questions of public policy authorized by  this
29    Section  and  statewide questions of public policy authorized
30    by Section 28-9 shall be advisory public  questions,  and  no
31    legal  effects shall result from the adoption or rejection of
32    such propositions.
33        (d)  This Section does not  apply  to  a  petition  filed
34    pursuant to Article IX of the Liquor Control Act of 1934.
 
                            -3-      LRB093 08349 JAM 13110 a
 1    (Source: P.A. 84-1467.)

 2        (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
 3        Sec.  28-9.  Petitions for proposed amendments to Article
 4    IV of the Constitution pursuant to Section 3, Article XIV  of
 5    the  Constitution  shall  be  signed  by a number of electors
 6    equal in number to at least 8% of the total  votes  cast  for
 7    candidates   for  Governor  in  the  preceding  gubernatorial
 8    election.  Such  petition  shall  have  been  signed  by  the
 9    petitioning  electors  not  more than 24 months preceding the
10    general election at which the proposed  amendment  is  to  be
11    submitted  and  shall be filed with the Secretary of State at
12    least 6 months before that general election.
13        Upon receipt of a petition for a proposed  Constitutional
14    amendment,  the  Secretary  of  State  shall,  as  soon as is
15    practicable, but no later than the close of the next business
16    day, deliver such petition to the State Board of Elections.
17        Petitions for advisory questions of public policy  to  be
18    submitted  to  the voters of the entire State shall be signed
19    by a number of voters equal in number  to  8%  of  the  total
20    votes  cast  for  candidates  for  Governor  in the preceding
21    gubernatorial election at least 10% of the registered  voters
22    in  the State.  Such  petition shall have been signed by said
23    petitioners not more than 24 months preceding the date of the
24    general election at which the question is to be submitted and
25    shall be filed with the State Board of Elections at  least  6
26    months before that general election.
27        The  proponents  of the proposed Constitutional amendment
28    or statewide advisory public question shall file the original
29    petition  in  bound  election  jurisdiction  sections.   Each
30    section shall be composed of consecutively numbered  petition
31    sheets containing only the signatures of registered voters of
32    a  single  election  jurisdiction  and,  at  the  top of each
33    petition sheet, the name of the election  jurisdiction  shall
 
                            -4-      LRB093 08349 JAM 13110 a
 1    be  typed  or printed in block letters; provided that, if the
 2    name of the election jurisdiction  is  not  so  printed,  the
 3    election  jurisdiction  of  the  circulator  of that petition
 4    sheet shall be controlling with respect to the signatures  on
 5    that sheet. Any petition sheets not consecutively numbered or
 6    which  contain  duplicate  page numbers already used on other
 7    sheets, or are photocopies  or  duplicates  of  the  original
 8    sheets,  shall not be considered part of the petition for the
 9    purpose of the random sampling verification and shall not  be
10    counted  toward  the minimum number of signatures required to
11    qualify the proposed constitutional  amendment  or  statewide
12    advisory public question for the ballot.
13        Within  7 business days following the last day for filing
14    the original petition, the proponents shall also file  copies
15    of  the  sectioned election jurisdiction petition sheets with
16    each proper election authority and obtain a receipt therefor.
17        For purposes of this Act, the following  terms  shall  be
18    defined and construed as follows:
19        1.  "Board" means the State Board of Elections.
20        2.  "Election  Authority" means a county clerk or city or
21    county board of election commissioners.
22        3.  "Election Jurisdiction" means (a) an  entire  county,
23    in  the  case  of a county in which no city board of election
24    commissioners is located or which is under  the  jurisdiction
25    of   a  county  board  of  election  commissioners;  (b)  the
26    territorial  jurisdiction  of  a  city  board   of   election
27    commissioners;  and  (c) the territory in a county outside of
28    the jurisdiction of a city board of  election  commissioners.
29    In  each  instance  election jurisdiction shall be determined
30    according to which election authority maintains the permanent
31    registration records of qualified electors.
32        4.  "Proponents"   means   any    person,    association,
33    committee,  organization  or other group, or their designated
34    representatives, who advocate and cause the  circulation  and
 
                            -5-      LRB093 08349 JAM 13110 a
 1    filing  of  petitions  for  a  statewide advisory question of
 2    public policy or  a  proposed  constitutional  amendment  for
 3    submission  at a general election and who has registered with
 4    the Board as provided in this Act.
 5        5.  "Opponents" means any person, association, committee,
 6    organization   or   other   group,   or   their    designated
 7    representatives,  who oppose a statewide advisory question of
 8    public policy or  a  proposed  constitutional  amendment  for
 9    submission at a general election and who have registered with
10    the Board as provided in this Act.
11    (Source: P.A. 87-1052.)

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