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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||||||||||||||||||||||||||
5 | Sections 28-1 and 28-2
and adding Article 28A as follows:
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6 | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
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7 | Sec. 28-1. The initiation and submission of all public | ||||||||||||||||||||||||||||||
8 | questions to
be voted upon by the electors of the State or of | ||||||||||||||||||||||||||||||
9 | any political
subdivision or district or precinct or | ||||||||||||||||||||||||||||||
10 | combination of precincts shall be
subject to the provisions of | ||||||||||||||||||||||||||||||
11 | this Article.
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12 | Questions of public policy which have any legal effect | ||||||||||||||||||||||||||||||
13 | shall be
submitted to referendum only as authorized by a | ||||||||||||||||||||||||||||||
14 | statute which so
provides or by the Constitution. Advisory | ||||||||||||||||||||||||||||||
15 | questions of public policy
shall be submitted to referendum | ||||||||||||||||||||||||||||||
16 | pursuant to Section 28-5 or pursuant to
a statute which so | ||||||||||||||||||||||||||||||
17 | provides.
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18 | The method of initiating the submission of a public | ||||||||||||||||||||||||||||||
19 | question shall be
as provided by the statute authorizing such | ||||||||||||||||||||||||||||||
20 | public question, or as
provided by the Constitution.
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21 | All public questions shall be initiated, submitted and | ||||||||||||||||||||||||||||||
22 | printed on the
ballot in the form required by Section 16-7 of | ||||||||||||||||||||||||||||||
23 | this Act, except as may
otherwise be specified in the statute |
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1 | authorizing a public question.
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2 | Whenever a statute provides for the initiation of a public | ||||||
3 | question
by a petition of electors, the provisions of such | ||||||
4 | statute shall govern
with respect to the number of signatures | ||||||
5 | required, the qualifications of
persons entitled to sign the | ||||||
6 | petition, the contents of the petition, the
officer with whom | ||||||
7 | the petition must be filed, and the form of the
question to be | ||||||
8 | submitted. If such statute does not specify any of the
| ||||||
9 | foregoing petition requirements, the corresponding petition | ||||||
10 | requirements
of Section 28-6 shall govern such petition.
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11 | Irrespective of the method of initiation, not more than 3 | ||||||
12 | public
questions other than (a) back door referenda, (b) | ||||||
13 | referenda to
determine whether a disconnection may take place | ||||||
14 | where a city coterminous
with a township is proposing to annex | ||||||
15 | territory from an adjacent township, (c) referenda held under | ||||||
16 | the provisions of the Property Tax Extension
Limitation Law in | ||||||
17 | the Property Tax Code, or (d) referenda held under
Section | ||||||
18 | 2-3002 of the Counties Code , or (e) referenda pursuant to | ||||||
19 | Article
28A of the Election Code may be submitted to
referendum | ||||||
20 | with respect to a political
subdivision at the same election.
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21 | If more than 3 propositions are timely initiated or | ||||||
22 | certified for
submission at an election with respect to a | ||||||
23 | political subdivision, the
first 3 validly initiated, by the | ||||||
24 | filing of a petition or by the
adoption of a resolution or | ||||||
25 | ordinance of a political subdivision, as the
case may be, shall | ||||||
26 | be printed on the ballot and submitted at that
election. |
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1 | However, except as expressly authorized by law not more than
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2 | one proposition to change the form of government of a | ||||||
3 | municipality
pursuant to Article VII of the Constitution may be | ||||||
4 | submitted at an
election. If more than one such proposition is | ||||||
5 | timely initiated or
certified for submission at an election | ||||||
6 | with respect to a municipality,
the first validly initiated | ||||||
7 | shall be the one printed on the ballot and
submitted at that | ||||||
8 | election.
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9 | No public question shall be submitted to the voters of a | ||||||
10 | political
subdivision at any regularly scheduled election at | ||||||
11 | which such voters are
not scheduled to cast votes for any | ||||||
12 | candidates for nomination for, election
to or retention in | ||||||
13 | public office, except that if, in any existing or proposed
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14 | political subdivision in which the submission of a public | ||||||
15 | question at a
regularly scheduled election is desired, the | ||||||
16 | voters of only a portion of
such existing or proposed political | ||||||
17 | subdivision are not scheduled to cast votes
for nomination for, | ||||||
18 | election to or retention in public office at such election,
but | ||||||
19 | the voters in one or more other portions of such existing or | ||||||
20 | proposed
political subdivision are scheduled to cast votes for | ||||||
21 | nomination for, election
to or retention in public office at | ||||||
22 | such election, the public question shall be
voted upon by all | ||||||
23 | the qualified voters of the entire existing or proposed
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24 | political subdivision at the election.
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25 | Not more than 3 advisory public questions may be submitted | ||||||
26 | to the
voters of the entire state at a general election. If |
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1 | more than 3 such advisory
propositions are initiated, the first | ||||||
2 | 3 timely and validly initiated
shall be the questions printed | ||||||
3 | on the ballot and submitted at that
election; provided however, | ||||||
4 | that a question for a proposed amendment to
Article IV of the | ||||||
5 | Constitution pursuant to Section 3, Article XIV of the
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6 | Constitution, or for a question submitted under the Property | ||||||
7 | Tax Cap
Referendum Law, shall not be included in the foregoing | ||||||
8 | limitation.
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9 | (Source: P.A. 93-308, eff. 7-23-03.)
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10 | (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
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11 | Sec. 28-2. (a) Except as otherwise provided in this Section | ||||||
12 | or Article
28A , petitions
for the submission of public | ||||||
13 | questions to referendum must be filed with the
appropriate | ||||||
14 | officer or board not less than 78 days prior to a regular
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15 | election to be eligible for submission on the ballot at such | ||||||
16 | election; and
petitions for the submission of a question under | ||||||
17 | Section 18-120 of the
Property Tax Code must be filed with the | ||||||
18 | appropriate officer or board not more
than 10 months nor less | ||||||
19 | than 6 months prior to the election at which such
question is | ||||||
20 | to be submitted to the voters.
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21 | (b) However, petitions for the submission of a public | ||||||
22 | question to
referendum which proposes the creation or formation | ||||||
23 | of a political
subdivision must be filed with the appropriate | ||||||
24 | officer or board not less
than 108 days prior to a regular | ||||||
25 | election to be eligible for submission on
the ballot at such |
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1 | election.
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2 | (c) Resolutions or ordinances of governing boards of | ||||||
3 | political
subdivisions which initiate the submission of public | ||||||
4 | questions pursuant
to law must be adopted not less than 65 days | ||||||
5 | before a regularly scheduled
election to be eligible for | ||||||
6 | submission on the ballot at such election.
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7 | (d) A petition, resolution or ordinance initiating the | ||||||
8 | submission of a
public question may specify a regular election | ||||||
9 | at which the question is
to be submitted, and must so specify | ||||||
10 | if the statute authorizing the
public question requires | ||||||
11 | submission at a particular election. However,
no petition, | ||||||
12 | resolution or ordinance initiating the submission of a
public | ||||||
13 | question, other than a legislative resolution initiating an
| ||||||
14 | amendment to the Constitution, may specify such submission at | ||||||
15 | an
election more than one year, or 15 months in the case of a | ||||||
16 | back door referendum as defined in subsection (f), after the | ||||||
17 | date on which it is filed or
adopted, as the case may be. A | ||||||
18 | petition, resolution or ordinance
initiating a public question | ||||||
19 | which specifies a particular election at
which the question is | ||||||
20 | to be submitted shall be so limited, and shall not
be valid as | ||||||
21 | to any other election, other than an emergency referendum
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22 | ordered pursuant to Section 2A-1.4.
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23 | (e) If a petition initiating a public question does not | ||||||
24 | specify a
regularly scheduled election, the public question | ||||||
25 | shall be submitted to
referendum at the next regular election | ||||||
26 | occurring not less than 78 days
after the filing of the |
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1 | petition, or not less than 108 days after the
filing of a | ||||||
2 | petition for referendum to create a political subdivision. If
a | ||||||
3 | resolution or ordinance initiating a public question does not | ||||||
4 | specify a
regularly scheduled election, the public question | ||||||
5 | shall be submitted to
referendum at the next regular election | ||||||
6 | occurring not less than 65 days
after the adoption of the | ||||||
7 | resolution or ordinance.
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8 | (f) In the case of back door referenda, any limitations in | ||||||
9 | another
statute authorizing such a referendum which restrict | ||||||
10 | the time in which
the initiating petition may be validly filed | ||||||
11 | shall apply to such
petition, in addition to the filing | ||||||
12 | deadlines specified in this Section
for submission at a | ||||||
13 | particular election. In the case of any back door
referendum, | ||||||
14 | the publication of the ordinance or resolution of the political
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15 | subdivision shall include a notice of (1) the specific number | ||||||
16 | of voters
required to sign a petition requesting that a public | ||||||
17 | question be submitted
to the voters of the subdivision; (2) the | ||||||
18 | time within which the petition must
be filed; and (3) the date | ||||||
19 | of the prospective referendum. The secretary or
clerk of the | ||||||
20 | political subdivision shall provide a petition form to any
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21 | individual requesting one. The legal sufficiency of that form, | ||||||
22 | if provided by the secretary or clerk of the political | ||||||
23 | subdivision, cannot be the basis of a challenge to placing the | ||||||
24 | back door referendum on the ballot. As used herein, a "back | ||||||
25 | door
referendum" is the submission of a public question to the | ||||||
26 | voters of a
political subdivision, initiated by a petition of |
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1 | voters or residents of
such political subdivision, to determine | ||||||
2 | whether an action by the
governing body of such subdivision | ||||||
3 | shall be adopted or rejected.
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4 | (g) A petition for the incorporation or formation of a new
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5 | political subdivision whose officers are to be elected rather | ||||||
6 | than appointed
must have attached to it an affidavit attesting | ||||||
7 | that at least 108 days and
no more than 138 days prior to such | ||||||
8 | election notice of intention to file
such petition was | ||||||
9 | published in a newspaper published within the proposed
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10 | political subdivision, or if none, in a newspaper of general | ||||||
11 | circulation
within the territory of the proposed political | ||||||
12 | subdivision in substantially
the following form:
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13 | NOTICE OF PETITION TO FORM A NEW........
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14 | Residents of the territory described below are notified | ||||||
15 | that a petition
will or has been filed in the Office | ||||||
16 | of............requesting a referendum
to establish a | ||||||
17 | new........, to be called the............
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18 | *The officers of the new...........will be elected on the | ||||||
19 | same day as the
referendum. Candidates for the governing board | ||||||
20 | of the new......may file
nominating petitions with the officer | ||||||
21 | named above until...........
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22 | The territory proposed to comprise the new........is | ||||||
23 | described as follows:
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24 | (description of territory included in petition)
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25 | (signature)....................................
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26 | Name and address of person or persons proposing
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1 | the new political subdivision.
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2 | * Where applicable.
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3 | Failure to file such affidavit, or failure to publish the | ||||||
4 | required notice
with the correct information contained therein | ||||||
5 | shall render the petition,
and any referendum held pursuant to | ||||||
6 | such petition, null and void.
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7 | Notwithstanding the foregoing provisions of this | ||||||
8 | subsection (g) or any
other provisions of this Code, the | ||||||
9 | publication of notice and affidavit
requirements of this | ||||||
10 | subsection (g) shall not apply to any petition filed
under | ||||||
11 | Article 7 or 11E of the School Code nor to any
referendum
held | ||||||
12 | pursuant to any such petition, and neither any petition filed | ||||||
13 | under
any of those Articles nor any referendum held pursuant to | ||||||
14 | any such petition
shall be rendered null and void because of | ||||||
15 | the failure to file an affidavit
or publish a notice with | ||||||
16 | respect to the petition or referendum as required
under this | ||||||
17 | subsection (g) for petitions that are not filed under any of
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18 | those Articles of the School Code.
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19 | (Source: P.A. 94-30, eff. 6-14-05; 94-578, eff. 8-12-05; | ||||||
20 | 94-1019, eff. 7-10-06.)
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21 | (10 ILCS 5/Art. 28A heading new)
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22 | ARTICLE 28A. BINDING INITIATIVES
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23 | (10 ILCS 5/28A-1 new)
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24 | Sec. 28A-1. Local government binding initiative petition |
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1 | and
referendum.
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2 | (a) The electors of any
unit of local government may pass, | ||||||
3 | by initiative petition and referendum in the
manner prescribed | ||||||
4 | by
this Article, a binding ordinance
that the corporate | ||||||
5 | authorities of their unit of local
government
are empowered to | ||||||
6 | pass.
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7 | (b) A binding ordinance
may be proposed by a petition | ||||||
8 | signed by the number of electors
equal to at least 8% of the | ||||||
9 | total votes cast for Governor at the last general
election
in | ||||||
10 | the unit of local government. The petition shall contain the | ||||||
11 | text of the
proposed ordinance and the date of the regular or | ||||||
12 | unit of local government
election at which the proposed | ||||||
13 | ordinance is to be submitted, shall have been
signed by | ||||||
14 | petitioning electors not more than 12 months preceding the | ||||||
15 | regular or
unit of local government election, and shall be | ||||||
16 | filed with the clerk of the
unit of local government at least | ||||||
17 | 108 days before that regular or unit of local
government | ||||||
18 | election.
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19 | (c) If the corporate authorities of the unit of local | ||||||
20 | government, without
amendment, pass the binding ordinance | ||||||
21 | proposed by such a petition filed with
the unit of local | ||||||
22 | government's clerk not less than 78 days prior to the regular
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23 | or unit of local government election at which the petition | ||||||
24 | specifies the
proposed
binding ordinance is to be submitted, | ||||||
25 | then the proposed binding ordinance shall not be
submitted to | ||||||
26 | the electors of the unit of local government.
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1 | (d) Except as otherwise provided in this Article, petitions | ||||||
2 | filed under this
Article shall be governed by Article 28 of the | ||||||
3 | Election Code.
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4 | (e) If no objection to a petition filed under subsection | ||||||
5 | (b) is filed within
5
business days after such petition is | ||||||
6 | filed or if an objection is filed and the
appropriate electoral | ||||||
7 | official or board rules the petition sufficient, then the
clerk | ||||||
8 | of the unit of local government shall submit the petition to | ||||||
9 | the election
official or board for the unit of local | ||||||
10 | government, and the election official
or
board shall order the
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11 | proposed ordinance submitted to the electors of the unit of | ||||||
12 | local government at
the election specified in the petition.
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13 | (f) If, after the election official or board of the unit of | ||||||
14 | local government
orders the proposed ordinance to be submitted | ||||||
15 | to the electors of the unit of
local government, it determines | ||||||
16 | that the proposed ordinance is too long to be
printed
in its | ||||||
17 | entirety on the ballot, it shall ask the clerk of the unit of | ||||||
18 | local
government to provide a concise statement of its nature. | ||||||
19 | The election official
or board shall then cause either the | ||||||
20 | entire proposed ordinance or the concise
statement to be | ||||||
21 | printed on the ballot together with a question permitting the
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22 | elector to indicate approval or disapproval of adoption of the | ||||||
23 | proposed
ordinance.
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24 | (g) If a majority of those voting on the proposed ordinance | ||||||
25 | indicate
approval of
its adoption, it shall be passed and have | ||||||
26 | the same effect as if it had been
passed by the corporate |
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1 | authorities of the unit of local government, except as
provided | ||||||
2 | in subsection
(h).
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3 | (h) Ordinances adopted under this Article, either by | ||||||
4 | approval of electors at
an
election or by passage by the | ||||||
5 | corporate authorities under subsection (c), shall
not be | ||||||
6 | repealed or amended within 4 years after adoption except by | ||||||
7 | vote of the
electors.
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8 | (i) The corporate authorities of a unit of local government | ||||||
9 | may submit to
its
electorate a proposition to repeal or amend | ||||||
10 | an ordinance adopted under this
Article at any election in | ||||||
11 | conformance with Article 28 of this Code.
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