August 25, 2009
To the Honorable Members of the Illinois House of Representatives
96th General Assembly
Today I return House Bill 723 with specific recommendations for change. I commend the sponsors for their hard work on this bill. This bill is an important measure that will help ensure ethical conduct and transparency. I believe we all must work together to make sure that ethical conduct and transparency exist in all other aspects of state government as well.
Therefore, pursuant to Article IV, Section 9(e) of the Illinois Constitution of 1970, I hereby return House Bill 723, entitled “AN ACT concerning elections.”, with the following specific recommendations for change:
on page 1, lines 4 and 5, by replacing “Section 7-61” with “Sections 7-61 and 28-1, and by adding Section 28-14”; and
on page 6, below line 4, by inserting the following:
“(10 ILCS 5/28‑1) (from Ch. 46, par. 28‑1)
Sec. 28‑1.
The initiation and submission of all public questions to be voted upon by the
electors of the State or of any political subdivision or district or precinct
or combination of precincts shall be subject to the provisions of this Article.
Questions of
public policy which have any legal effect shall be submitted to referendum only
as authorized by a statute which so provides or by the Constitution. Advisory
questions of public policy shall be submitted to referendum pursuant to Section
28‑5 or pursuant to a statute which so provides.
The method of
initiating the submission of a public question shall be as provided by the
statute authorizing such public question, or as provided by the Constitution.
All public
questions shall be initiated, submitted and printed on the ballot in the form
required by Section 16‑7 of this Act, except as may otherwise be
specified in the statute authorizing a public question.
Whenever a
statute provides for the initiation of a public question by a petition of
electors, the provisions of such statute shall govern with respect to the
number of signatures required, the qualifications of persons entitled to sign
the petition, the contents of the petition, the officer with whom the petition
must be filed, and the form of the question to be submitted. If such statute
does not specify any of the foregoing petition requirements, the corresponding
petition requirements of Section 28‑6 shall govern such petition.
Irrespective of
the method of initiation, not more than 3 public questions other than (a) back
door referenda, (b) referenda to determine whether a disconnection may take
place where a city coterminous with a township is proposing to annex territory
from an adjacent township, (c) referenda held under the provisions of the
Property Tax Extension Limitation Law in the Property Tax Code, or (d)
referenda held under Section 2‑3002 of the Counties Codemay be submitted
to referendum with respect to a political subdivision at the same election.
If more than 3
propositions are timely initiated or certified for submission at an election
with respect to a political subdivision, the first 3 validly initiated, by the
filing of a petition or by the adoption of a resolution or ordinance of a
political subdivision, as the case may be, shall be printed on the ballot and
submitted at that election. However, except as expressly authorized by law not
more than one proposition to change the form of government of a municipality
pursuant to Article VII of the Constitution may be submitted at an election. If
more than one such proposition is timely initiated or certified for submission
at an election with respect to a municipality, the first validly initiated
shall be the one printed on the ballot and submitted at that election.
No public
question shall be submitted to the voters of a political subdivision at any
regularly scheduled election at which such voters are not scheduled to cast
votes for any candidates for nomination for, election to or retention in public
office, except that if, in any existing or proposed political subdivision in
which the submission of a public question at a regularly scheduled election is
desired, the voters of only a portion of such existing or proposed political
subdivision are not scheduled to cast votes for nomination for, election to or
retention in public office at such election, but the voters in one or more
other portions of such existing or proposed political subdivision are scheduled
to cast votes for nomination for, election to or retention in public office at
such election, the public question shall be voted upon by all the qualified
voters of the entire existing or proposed political subdivision at the
election.
Not more than 3
advisory public questions may be submitted to the voters of the entire state at
a general election. If more than 3 such advisory propositions are initiated,
the first 3 timely and validly initiated shall be the questions printed on the
ballot and submitted at that election; provided however, that a question for a
proposed amendment to Article IV of the Constitution pursuant to Section 3,
Article XIV of the Constitution, or for a question submitted under the
Property Tax Cap Referendum Law, or a question held under the provisions of
Section 28-14 of this Code shall not be included in the foregoing
limitation.
(10 ILCS 5/28‑14 new)
Sec. 28‑14. The general primary election ballot in 2010 shall contain an advisory
question of public policy in substantially the following form:
Should the Illinois Constitution be amended to allow the people of Illinois to initiate, by petition, a binding referendum to adopt standards of ethical conduct for officials and employees of State government?
The votes must be recorded as “Yes” or “No”.
Section 99. Effective date. This Act takes effect upon becoming law.”.
With these changes, House Bill 723 will have my approval. I respectfully request your concurrence.
Sincerely,
PAT QUINN
Governor