093_HB2770ham001
LRB093 09309 LRD 12425 a
1 AMENDMENT TO HOUSE BILL 2770
2 AMENDMENT NO. . Amend House Bill 2770 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Liquor Control Act of 1934 is amended by
5 changing Section 9-4 as follows:
6 (235 ILCS 5/9-4) (from Ch. 43, par. 169)
7 Sec. 9-4. A petition for submission of the proposition
8 shall be in substantially the following form:
9 To the .... clerk of the (here insert the corporate or
10 legal name of the county, township, road district, city,
11 village or incorporated town):
12 The undersigned, residents and legal voters of the ....
13 (insert the legal name or correct designation of the
14 political subdivision or precinct, as the case may be),
15 respectfully petition that you cause to be submitted, in the
16 manner provided by law, to the voters thereof, at the next
17 election, the proposition "Shall the sale at retail of
18 alcoholic liquor (or alcoholic liquor other than beer
19 containing not more than 4% of alcohol by weight) (or
20 alcoholic liquor containing more than 4% of alcohol by weight
21 except in the original package and not for consumption on the
22 premises) be prohibited in this .... (or at the following
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1 address ....)?"
2 -------------------------------------------------------------
3 Name of P. O. address Description of precinct Date of
4 signer (including township, road district signing
5 street no., or part thereof, as of
6 if any). the last general
7 election
8 -------------------------------------------------------------
9 A petition for a proposition to be submitted to the
10 voters of a precinct shall also contain in plain and nonlegal
11 language a description of the precinct to which the
12 proposition is to be submitted at the election. The
13 description shall describe the territory of the precinct by
14 reference to streets, natural or artificial landmarks,
15 addresses, or by any other method which would enable a voter
16 signing such petition to be informed of the territory of the
17 precinct. Each such petition for a precinct referendum shall
18 also contain a list of the names and addresses of all
19 licensees in the precinct.
20 Such petition shall conform to the requirements of the
21 general election law, as to form and signature requirements.
22 The circulator's statement shall include an attestation of:
23 (1) that none of the signatures on this petition sheet were
24 signed more than 4 months before the filing of this petition,
25 or (2) the dates on which the petitioners signed the
26 petition, and shall be sworn to before an officer residing in
27 the county where such legal voters reside and authorized to
28 administer oaths therein. No signature shall be revoked
29 except by a revocation filed within 20 days from the filing
30 of the petition with the clerk with whom the petition is
31 required to be filed. Upon request of any citizen for a
32 photostatic copy of the petition and paying or tendering to
33 the clerk the costs of making the photostatic copy, the clerk
34 shall immediately make, or cause to be made a photostatic
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1 copy of such petition. The clerk shall also deliver to such
2 person, his official certification that such copy is a true
3 copy of the original, stating the day when such original was
4 filed in his office. Any 5 legal voters or any affected
5 licensee of any political subdivision, district or precinct
6 in which a proposed election is about to be held as provided
7 for in this Act, within any time up to 30 days immediately
8 prior to the date of such proposed election and upon filing a
9 bond for costs, may contest the validity of the petitions for
10 such election by filing a verified petition in the Circuit
11 Court for the county in which the political subdivision,
12 district or precinct is situated, setting forth the grounds
13 for contesting the validity of such petitions. Upon the
14 filing of the petition, a summons shall be issued by the
15 Court, addressed to the appropriate city, village, town,
16 township or road district clerk, notifying the clerk of the
17 filing of the petition and directing him to appear before the
18 Court on behalf of the political subdivision or district at
19 the time named in the summons; provided, the time shall not
20 be less than 5 days nor more than 15 days after the filing of
21 the petition. The procedure in these cases, as far as may be
22 applicable, shall be the same as that provided for the
23 objections to petitions in the general election law. Any
24 legal voter in the political subdivision or precinct in which
25 such election is to be held may appear in person or by
26 counsel, in any such contest to defend or oppose the validity
27 of the petition for election.
28 The municipal, town or road district clerk shall certify
29 the proposition to be submitted at the election to the
30 appropriate election officials, in accordance with the
31 general election law, unless the petition has been determined
32 to be invalid. If the court determines the petitions to be
33 invalid subsequent to the certification by the clerk, the
34 court's order shall be transmitted to the election officials
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1 and shall nullify such certification.
2 (Source: P.A. 86-861; 87-347.)".