Full Text of SB1637 94th General Assembly
SB1637enr 94TH GENERAL ASSEMBLY
|
|
|
SB1637 Enrolled |
|
SRS094 00007 JEJ 30007 b |
|
| 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 Section | 5 |
| 28-2 as follows:
| 6 |
| (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
| 7 |
| Sec. 28-2. (a) Except as otherwise provided in this | 8 |
| Section, petitions
for the submission of public questions to | 9 |
| referendum must be filed with the
appropriate officer or board | 10 |
| not less than 78 days prior to a regular
election to be | 11 |
| eligible for submission on the ballot at such election; and
| 12 |
| petitions for the submission of a question under Section 18-120 | 13 |
| of the
Property Tax Code must be filed with the appropriate | 14 |
| officer or board not more
than 10 months nor less than 6 months | 15 |
| prior to the election at which such
question is to be submitted | 16 |
| to the voters.
| 17 |
| (b) However, petitions for the submission of a public | 18 |
| question to
referendum which proposes the creation or formation | 19 |
| of a political
subdivision must be filed with the appropriate | 20 |
| officer or board not less
than 108 days prior to a regular | 21 |
| election to be eligible for submission on
the ballot at such | 22 |
| election.
| 23 |
| (c) Resolutions or ordinances of governing boards of | 24 |
| political
subdivisions which initiate the submission of public | 25 |
| questions pursuant
to law must be adopted not less than 65 days | 26 |
| before a regularly scheduled
election to be eligible for | 27 |
| submission on the ballot at such election.
| 28 |
| (d) A petition, resolution or ordinance initiating the | 29 |
| submission of a
public question may specify a regular election | 30 |
| at which the question is
to be submitted, and must so specify | 31 |
| if the statute authorizing the
public question requires | 32 |
| submission at a particular election. However,
no petition, |
|
|
|
SB1637 Enrolled |
- 2 - |
SRS094 00007 JEJ 30007 b |
|
| 1 |
| resolution or ordinance initiating the submission of a
public | 2 |
| question, other than a legislative resolution initiating an
| 3 |
| amendment to the Constitution, may specify such submission at | 4 |
| an
election more than one year after the date on which it is | 5 |
| filed or
adopted, as the case may be. A petition, resolution or | 6 |
| ordinance
initiating a public question which specifies a | 7 |
| particular election at
which the question is to be submitted | 8 |
| shall be so limited, and shall not
be valid as to any other | 9 |
| election, other than an emergency referendum
ordered pursuant | 10 |
| to Section 2A-1.4.
| 11 |
| (e) If a petition initiating a public question does not | 12 |
| specify a
regularly scheduled election, the public question | 13 |
| shall be submitted to
referendum at the next regular election | 14 |
| occurring not less than 78 days
after the filing of the | 15 |
| petition, or not less than 108 days after the
filing of a | 16 |
| petition for referendum to create a political subdivision. If
a | 17 |
| resolution or ordinance initiating a public question does not | 18 |
| specify a
regularly scheduled election, the public question | 19 |
| shall be submitted to
referendum at the next regular election | 20 |
| occurring not less than 65 days
after the adoption of the | 21 |
| resolution or ordinance.
| 22 |
| (f) In the case of back door referenda, any limitations in | 23 |
| another
statute authorizing such a referendum which restrict | 24 |
| the time in which
the initiating petition may be validly filed | 25 |
| shall apply to such
petition, in addition to the filing | 26 |
| deadlines specified in this Section
for submission at a | 27 |
| particular election. In the case of any back door
referendum, | 28 |
| the publication of the ordinance or resolution of the political
| 29 |
| subdivision shall include a notice of (1) the specific number | 30 |
| of voters
required to sign a petition requesting that a public | 31 |
| question be submitted
to the voters of the subdivision; (2) the | 32 |
| time within which the petition must
be filed; and (3) the date | 33 |
| of the prospective referendum. The secretary or
clerk of the | 34 |
| political subdivision shall provide a petition form to any
| 35 |
| individual requesting one. The legal sufficiency of that form, | 36 |
| if provided by the secretary or clerk of the political |
|
|
|
SB1637 Enrolled |
- 3 - |
SRS094 00007 JEJ 30007 b |
|
| 1 |
| subdivision, cannot be the basis of a challenge to placing the | 2 |
| back door referendum on the ballot. As used herein, a "back | 3 |
| door
referendum" is the submission of a public question to the | 4 |
| voters of a
political subdivision, initiated by a petition of | 5 |
| voters or residents of
such political subdivision, to determine | 6 |
| whether an action by the
governing body of such subdivision | 7 |
| shall be adopted or rejected.
| 8 |
| (g) A petition for the incorporation or formation of a new
| 9 |
| political subdivision whose officers are to be elected rather | 10 |
| than appointed
must have attached to it an affidavit attesting | 11 |
| that at least 108 days and
no more than 138 days prior to such | 12 |
| election notice of intention to file
such petition was | 13 |
| published in a newspaper published within the proposed
| 14 |
| political subdivision, or if none, in a newspaper of general | 15 |
| circulation
within the territory of the proposed political | 16 |
| subdivision in substantially
the following form:
| 17 |
| NOTICE OF PETITION TO FORM A NEW........
| 18 |
| Residents of the territory described below are notified | 19 |
| that a petition
will or has been filed in the Office | 20 |
| of............requesting a referendum
to establish a | 21 |
| new........, to be called the............
| 22 |
| *The officers of the new...........will be elected on the | 23 |
| same day as the
referendum. Candidates for the governing board | 24 |
| of the new......may file
nominating petitions with the officer | 25 |
| named above until...........
| 26 |
| The territory proposed to comprise the new........is | 27 |
| described as follows:
| 28 |
| (description of territory included in petition)
| 29 |
| (signature)....................................
| 30 |
| Name and address of person or persons proposing
| 31 |
| the new political subdivision.
| 32 |
| * Where applicable.
| 33 |
| Failure to file such affidavit, or failure to publish the | 34 |
| required notice
with the correct information contained therein | 35 |
| shall render the petition,
and any referendum held pursuant to | 36 |
| such petition, null and void.
|
|
|
|
SB1637 Enrolled |
- 4 - |
SRS094 00007 JEJ 30007 b |
|
| 1 |
| Notwithstanding the foregoing provisions of this | 2 |
| subsection (g) or any
other provisions of this Code, the | 3 |
| publication of notice and affidavit
requirements of this | 4 |
| subsection (g) shall not apply to any petition filed
under | 5 |
| Article 7, 7A, 11A, 11B, or 11D of the School Code nor to any
| 6 |
| referendum
held pursuant to any such petition, and neither any | 7 |
| petition filed under
any of those Articles nor any referendum | 8 |
| held pursuant to any such petition
shall be rendered null and | 9 |
| void because of the failure to file an affidavit
or publish a | 10 |
| notice with respect to the petition or referendum as required
| 11 |
| under this subsection (g) for petitions that are not filed | 12 |
| under any of
those Articles of the School Code.
| 13 |
| (Source: P.A. 90-459, eff. 8-17-97.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
|
|