093_HB2208

 
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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  Election  Code  is  amended by changing
 5    Sections 28-1 and 28-2 and adding Article 28A as follows:

 6        (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
 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
11    of this Article.
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.
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.
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
24    authorizing a public question.
25        Whenever a statute  provides  for  the  initiation  of  a
26    public  question by a petition of electors, the provisions of
27    such statute shall govern  with  respect  to  the  number  of
28    signatures  required,  the qualifications of persons entitled
29    to sign the petition,  the  contents  of  the  petition,  the
30    officer with whom the petition must be filed, and the form of
31    the  question  to  be  submitted.  If  such  statute does not
 
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 1    specify any  of  the  foregoing  petition  requirements,  the
 2    corresponding  petition  requirements  of  Section 28-6 shall
 3    govern such petition.
 4        Irrespective of the method of initiation, not more than 3
 5    public questions other than  (a)  back  door  referenda,  (b)
 6    referenda to determine whether a disconnection may take place
 7    where  a  city  coterminous  with  a township is proposing to
 8    annex territory from an adjacent township, or  (c)  referenda
 9    held  under  the  provisions  of  the  Property Tax Extension
10    Limitation Law in the Property Tax  Code,  or  (d)  referenda
11    pursuant to Article 28A of the Election Code may be submitted
12    to  referendum with respect to a political subdivision at the
13    same election.
14        If more than  3  propositions  are  timely  initiated  or
15    certified  for  submission  at  an election with respect to a
16    political subdivision, the first 3 validly initiated, by  the
17    filing  of  a  petition or by the adoption of a resolution or
18    ordinance of a political subdivision, as  the  case  may  be,
19    shall  be  printed  on  the  ballot  and  submitted  at  that
20    election.  However, except as expressly authorized by law not
21    more than one proposition to change the form of government of
22    a municipality pursuant to Article VII  of  the  Constitution
23    may  be  submitted  at  an  election.  If  more than one such
24    proposition is timely initiated or certified  for  submission
25    at  an  election  with  respect  to a municipality, the first
26    validly initiated shall be the one printed on the ballot  and
27    submitted at that election.
28        No  public question shall be submitted to the voters of a
29    political subdivision at any regularly scheduled election  at
30    which  such  voters  are  not scheduled to cast votes for any
31    candidates for nomination for, election to  or  retention  in
32    public  office,  except  that if, in any existing or proposed
33    political subdivision in which the  submission  of  a  public
34    question  at  a  regularly scheduled election is desired, the
 
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 1    voters of  only  a  portion  of  such  existing  or  proposed
 2    political  subdivision  are  not  scheduled to cast votes for
 3    nomination for, election to or retention in public office  at
 4    such  election,  but the voters in one or more other portions
 5    of  such  existing  or  proposed  political  subdivision  are
 6    scheduled to cast votes for nomination for,  election  to  or
 7    retention  in  public  office  at  such  election, the public
 8    question shall be voted upon by all the qualified  voters  of
 9    the  entire existing or proposed political subdivision at the
10    election.
11        Not  more  than  3  advisory  public  questions  may   be
12    submitted  to  the  voters  of  the entire state at a general
13    election. If more  than  3  such  advisory  propositions  are
14    initiated,  the first 3 timely and validly initiated shall be
15    the questions printed on the ballot  and  submitted  at  that
16    election;  provided  however,  that a question for a proposed
17    amendment to Article  IV  of  the  Constitution  pursuant  to
18    Section 3, Article XIV of the Constitution, or for a question
19    submitted  under  the  Property Tax Cap Referendum Law, shall
20    not be included in the foregoing limitation.
21    (Source: P.A. 88-116; 89-510, eff. 7-11-96.)

22        (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
23        Sec. 28-2. (a)  Except  as  otherwise  provided  in  this
24    Section  or  Article  28A,  petitions  for  the submission of
25    public  questions  to  referendum  must  be  filed  with  the
26    appropriate officer or board not less than 78 days prior to a
27    regular election to be eligible for submission on the  ballot
28    at  such  election;  and  petitions  for  the submission of a
29    question under Section 18-120 of the Property Tax  Code  must
30    be  filed with the appropriate officer or board not more than
31    10 months nor less than 6 months prior  to  the  election  at
32    which such question is to be submitted to the voters.
33        (b)  However,  petitions  for  the submission of a public
 
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 1    question  to  referendum  which  proposes  the  creation   or
 2    formation  of  a political subdivision must be filed with the
 3    appropriate officer or board not less than 108 days prior  to
 4    a  regular  election  to  be  eligible  for submission on the
 5    ballot at such election.
 6        (c)  Resolutions or ordinances  of  governing  boards  of
 7    political  subdivisions  which  initiate  the  submission  of
 8    public  questions  pursuant  to  law must be adopted not less
 9    than 65 days before a  regularly  scheduled  election  to  be
10    eligible for submission on the ballot at such election.
11        (d)  A  petition,  resolution or ordinance initiating the
12    submission  of  a  public  question  may  specify  a  regular
13    election at which the question is to be submitted,  and  must
14    so  specify  if  the  statute authorizing the public question
15    requires submission at a  particular  election.  However,  no
16    petition,  resolution  or ordinance initiating the submission
17    of a public question, other  than  a  legislative  resolution
18    initiating an amendment to the Constitution, may specify such
19    submission  at  an election more than one year after the date
20    on which it is filed or  adopted,  as  the  case  may  be.  A
21    petition,   resolution   or  ordinance  initiating  a  public
22    question which specifies a particular election at  which  the
23    question  is  to  be submitted shall be so limited, and shall
24    not be  valid  as  to  any  other  election,  other  than  an
25    emergency referendum ordered pursuant to Section 2A-1.4.
26        (e)  If  a petition initiating a public question does not
27    specify a regularly scheduled election, the  public  question
28    shall be submitted to referendum at the next regular election
29    occurring  not  less  than  78  days  after the filing of the
30    petition, or not less than 108 days after  the  filing  of  a
31    petition  for  referendum  to create a political subdivision.
32    If a resolution or ordinance  initiating  a  public  question
33    does  not  specify a regularly scheduled election, the public
34    question shall be submitted to referendum at the next regular
 
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 1    election occurring not less than 65 days after  the  adoption
 2    of the resolution or ordinance.
 3        (f)  In  the case of back door referenda, any limitations
 4    in  another  statute  authorizing  such  a  referendum  which
 5    restrict the time in which the  initiating  petition  may  be
 6    validly  filed  shall  apply to such petition, in addition to
 7    the filing deadlines specified in this Section for submission
 8    at a particular election.  In  the  case  of  any  back  door
 9    referendum, the publication of the ordinance or resolution of
10    the  political  subdivision shall include a notice of (1) the
11    specific  number  of  voters  required  to  sign  a  petition
12    requesting that a public question be submitted to the  voters
13    of  the  subdivision;  (2) the time within which the petition
14    must  be  filed;  and  (3)  the  date  of   the   prospective
15    referendum.    The   secretary  or  clerk  of  the  political
16    subdivision shall provide a petition form to  any  individual
17    requesting  one.  As used herein, a "back door referendum" is
18    the submission of a  public  question  to  the  voters  of  a
19    political  subdivision,  initiated by a petition of voters or
20    residents of such political subdivision, to determine whether
21    an action by the governing body of such subdivision shall  be
22    adopted or rejected.
23        (g)  A  petition  for the incorporation or formation of a
24    new political subdivision whose officers are  to  be  elected
25    rather  than  appointed must have attached to it an affidavit
26    attesting that at least 108 days and no more  than  138  days
27    prior  to  such  election  notice  of  intention to file such
28    petition was published in a newspaper  published  within  the
29    proposed political subdivision, or if none, in a newspaper of
30    general  circulation  within  the  territory  of the proposed
31    political subdivision in substantially the following form:
32              NOTICE OF PETITION TO FORM A NEW........
33        Residents of the territory described below  are  notified
34    that  a  petition  will  or  has  been  filed  in  the Office
 
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 1    of............requesting  a   referendum   to   establish   a
 2    new........, to be called the............
 3        *The officers of the new...........will be elected on the
 4    same  day  as  the  referendum.  Candidates for the governing
 5    board of the new......may file nominating petitions with  the
 6    officer named above until...........
 7        The  territory  proposed  to  comprise  the new........is
 8    described as follows:
 9             (description of territory included in petition)
10             (signature)....................................
11             Name and address of person or persons proposing
12             the new political subdivision.
13        * Where applicable.
14        Failure to file such affidavit, or failure to publish the
15    required  notice  with  the  correct  information   contained
16    therein  shall  render  the petition, and any referendum held
17    pursuant to such petition, null and void.
18        Notwithstanding  the   foregoing   provisions   of   this
19    subsection  (g)  or  any  other  provisions of this Code, the
20    publication of notice  and  affidavit  requirements  of  this
21    subsection  (g)  shall  not apply to any petition filed under
22    Article 7, 7A, 11A, 11B, or 11D of the School Code nor to any
23    referendum held pursuant to any such  petition,  and  neither
24    any  petition  filed  under  any  of  those  Articles nor any
25    referendum held  pursuant  to  any  such  petition  shall  be
26    rendered  null  and  void  because  of the failure to file an
27    affidavit or publish a notice with respect to the petition or
28    referendum  as  required  under  this  subsection   (g)   for
29    petitions  that  are not filed under any of those Articles of
30    the School Code.
31    (Source: P.A. 90-459, eff. 8-17-97.)

32        (10 ILCS 5/Art. 28A heading new)
33               ARTICLE 28A. ENVIRONMENTAL INITIATIVES
 
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 1        (10 ILCS 5/28A-1 new)
 2        Sec. 28A-1.  Local  government  initiative  petition  and
 3    referendum to provide and maintain a healthful environment.
 4        (a)  In  order  to  realize  the  public policy goals set
 5    forth  in  Article  XI  of  the  Illinois  Constitution,  the
 6    electors of  any  unit  of  local  government  may  pass,  by
 7    initiative  petition  and referendum in the manner prescribed
 8    by this Article, a binding ordinance  relating  to  providing
 9    and  maintaining  a  healthful environment that the corporate
10    authorities of their unit of local government  are  empowered
11    to pass.
12        (b)  A   binding  ordinance  relating  to  providing  and
13    maintaining a healthful environment  may  be  proposed  by  a
14    petition  signed  by the number of electors equal to at least
15    8% of the total votes cast for Governor at the  last  general
16    election  in the unit of local government. The petition shall
17    contain the text of the proposed ordinance and  the  date  of
18    the regular or unit of local government election at which the
19    proposed ordinance is to be submitted, shall have been signed
20    by petitioning electors not more than 12 months preceding the
21    regular  or  unit  of local government election, and shall be
22    filed with the clerk of the unit of local government at least
23    108 days before that regular  or  unit  of  local  government
24    election.
25        (c)  If  the  corporate  authorities of the unit of local
26    government, without amendment,  pass  the  binding  ordinance
27    proposed  by  such  a  petition  filed with the unit of local
28    government's clerk not less than 78 days prior to the regular
29    or unit of local government election at  which  the  petition
30    specifies  the proposed binding ordinance is to be submitted,
31    then the proposed binding  shall  not  be  submitted  to  the
32    electors of the unit of local government.
33        (d)  Except   as  otherwise  provided  in  this  Article,
34    petitions filed under  this  Article  shall  be  governed  by
 
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 1    Article 28 of the Election Code.
 2        (e)  If no objection to a petition filed under subsection
 3    (b)  is  filed  within 5 business days after such petition is
 4    filed or  if  an  objection  is  filed  and  the  appropriate
 5    electoral  official  or  board rules the petition sufficient,
 6    then the clerk of the unit of local government  shall  submit
 7    the  petition  to the election official or board for the unit
 8    of local government, and the election official or board shall
 9    order the proposed ordinance submitted to the electors of the
10    unit of local government at the  election  specified  in  the
11    petition.
12        (f)  If, after the election official or board of the unit
13    of  local  government  orders  the  proposed  ordinance to be
14    submitted to the electors of the unit of local government, it
15    determines that the proposed ordinance  is  too  long  to  be
16    printed in its entirety on the ballot, it shall ask the clerk
17    of  the  unit  of  local  government  to  provide  a  concise
18    statement of its nature. The election official or board shall
19    then  cause  either  the  entire  proposed  ordinance  or the
20    concise statement to be printed on the ballot together with a
21    question permitting  the  elector  to  indicate  approval  or
22    disapproval of adoption of the proposed ordinance.
23        (g)  If  a  majority  of  those  voting  on  the proposed
24    ordinance indicate approval of  its  adoption,  it  shall  be
25    passed  and  have the same effect as if it had been passed by
26    the corporate authorities of the unit  of  local  government,
27    except as provided in subsection (h).
28        (h)  Ordinances  adopted  under  this  Article, either by
29    approval of electors at an election  or  by  passage  by  the
30    corporate  authorities  under  subsection  (c),  shall not be
31    repealed or amended within 4 years after adoption  except  by
32    vote of the electors.
33        (i)  The   corporate  authorities  of  a  unit  of  local
34    government may submit to  its  electorate  a  proposition  to
 
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 1    repeal  or  amend  an ordinance adopted under this Article at
 2    any election in conformance with Article 28 of  the  Election
 3    Code.