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90_HB0386
New Act
10 ILCS 5/28-1 from Ch. 46, par. 28-1
Creates the Gambling Right to Vote Act. Requires an
advisory question to be submitted to the voters of the entire
State at the 1998 general election as to whether the General
Assembly should give the voters the right to vote by
statewide referendum before the introduction or expansion of
gambling within this State, including gambling riverboats,
betting parlors, slot machines, video lottery terminals, and
land-based casinos. The Act is repealed January 1, 1999.
Amends the Election Code to provide that the question
submitted to the voters is not subject to the 3 advisory
referenda limitation. Effective immediately.
LRB9001853LDdvA
LRB9001853LDdvA
1 AN ACT to submit a statewide advisory question to the
2 voters relating to gambling, and amending a named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Gambling Right to Vote Act.
7 Section 5. Advisory question. There shall be submitted
8 to the voters of the entire State at the 1998 general
9 election an advisory question that shall be placed on a
10 separate ballot in the following form:
11 Should the General Assembly give the voters of the
12 State of Illinois the right to vote by statewide
13 referendum before the introduction or expansion of
14 gambling within this State, including gambling
15 riverboats, betting parlors, slot machines, video lottery
16 terminals, and land-based casinos?
17 The votes shall be recorded as "Yes" or "No".
18 Section 10. Certification. Not less than 67 days before
19 the 1998 general election, the State Board of Elections shall
20 certify the question specified in Section 5 to be submitted
21 to the voters of the entire State to the respective county
22 clerks. Not less than 61 days before the 1998 general
23 election, the county clerks shall certify the question to the
24 board of election commissioners, if any, in their respective
25 counties.
26 Section 15. Repealer. This Act is repealed January 1,
27 1999.
28 Section 20. The Election Code is amended by changing
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1 Section 28-1 as follows:
2 (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
3 Sec. 28-1. The initiation and submission of all public
4 questions to be voted upon by the electors of the State or of
5 any political subdivision or district or precinct or
6 combination of precincts shall be subject to the provisions
7 of this Article.
8 Questions of public policy which have any legal effect
9 shall be submitted to referendum only as authorized by a
10 statute which so provides or by the Constitution. Advisory
11 questions of public policy shall be submitted to referendum
12 pursuant to Section 28-5 or pursuant to a statute which so
13 provides.
14 The method of initiating the submission of a public
15 question shall be as provided by the statute authorizing such
16 public question, or as provided by the Constitution.
17 All public questions shall be initiated, submitted and
18 printed on the ballot in the form required by Section 16-7 of
19 this Act, except as may otherwise be specified in the statute
20 authorizing a public question.
21 Whenever a statute provides for the initiation of a
22 public question by a petition of electors, the provisions of
23 such statute shall govern with respect to the number of
24 signatures required, the qualifications of persons entitled
25 to sign the petition, the contents of the petition, the
26 officer with whom the petition must be filed, and the form of
27 the question to be submitted. If such statute does not
28 specify any of the foregoing petition requirements, the
29 corresponding petition requirements of Section 28-6 shall
30 govern such petition.
31 Irrespective of the method of initiation, not more than 3
32 public questions other than (a) back door referenda, (b)
33 referenda to determine whether a disconnection may take place
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1 where a city coterminous with a township is proposing to
2 annex territory from an adjacent township or (c) referenda
3 held under the provisions of the Property Tax Extension
4 Limitation Law in the Property Tax Code may be submitted to
5 referendum with respect to a political subdivision at the
6 same election.
7 If more than 3 propositions are timely initiated or
8 certified for submission at an election with respect to a
9 political subdivision, the first 3 validly initiated, by the
10 filing of a petition or by the adoption of a resolution or
11 ordinance of a political subdivision, as the case may be,
12 shall be printed on the ballot and submitted at that
13 election. However, except as expressly authorized by law not
14 more than one proposition to change the form of government of
15 a municipality pursuant to Article VII of the Constitution
16 may be submitted at an election. If more than one such
17 proposition is timely initiated or certified for submission
18 at an election with respect to a municipality, the first
19 validly initiated shall be the one printed on the ballot and
20 submitted at that election.
21 No public question shall be submitted to the voters of a
22 political subdivision at any regularly scheduled election at
23 which such voters are not scheduled to cast votes for any
24 candidates for nomination for, election to or retention in
25 public office, except that if, in any existing or proposed
26 political subdivision in which the submission of a public
27 question at a regularly scheduled election is desired, the
28 voters of only a portion of such existing or proposed
29 political subdivision are not scheduled to cast votes for
30 nomination for, election to or retention in public office at
31 such election, but the voters in one or more other portions
32 of such existing or proposed political subdivision are
33 scheduled to cast votes for nomination for, election to or
34 retention in public office at such election, the public
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1 question shall be voted upon by all the qualified voters of
2 the entire existing or proposed political subdivision at the
3 election.
4 Not more than 3 advisory public questions may be
5 submitted to the voters of the entire state at a general
6 election. If more than 3 such advisory propositions are
7 initiated, the first 3 timely and validly initiated shall be
8 the questions printed on the ballot and submitted at that
9 election; provided however, that a question for a proposed
10 amendment to Article IV of the Constitution pursuant to
11 Section 3, Article XIV of the Constitution, or for a question
12 submitted under the Gambling Right to Vote Act or the
13 Property Tax Cap Referendum Law, shall not be included in the
14 foregoing limitation.
15 (Source: P.A. 88-116; 89-510, eff. 7-11-96.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.