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92_HB1798eng HB1798 Engrossed LRB9206295MWpc 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 28-6 and 28-9 as follows: 6 (10 ILCS 5/28-6) (from Ch. 46, par. 28-6) 7 Sec. 28-6. Petitions; filing. 8 (a) On a written petition signed by a number of voters 9 equal to at least 8% of the votes cast for candidates for 10 Governor in the preceding gubernatorial election by10% of11 the registered voters of theanymunicipality, township, 12 county or school district it shall be the duty of the proper 13 election officers to submit any question of public policy so 14 petitioned for, to the electors of such political subdivision 15 at any regular election named in the petition at which an 16 election is scheduled to be held throughout such political 17 subdivision under Article 2A. Such petitions shall be filed 18 with the local election official of the political subdivision 19 or election authority, as the case may be. Where such a 20 question is to be submitted to the voters of a municipality 21 which has adopted Article 6, or a township or school district 22 located entirely within the jurisdiction of a municipal board 23 of election commissioners, such petitions shall be filed with 24 the board of election commissioners having jurisdiction over 25 the political subdivision. 26 (b) In a municipality with more than 1,000,000 27 inhabitants, when a question of public policy exclusively 28 concerning a contiguous territory included entirely within 29 but not coextensive with the municipality is initiated by 30 resolution or ordinance of the corporate authorities of the 31 municipality, or by a petition which may be signed by HB1798 Engrossed -2- LRB9206295MWpc 1 registered voters who reside in any part of any precinct all 2 or part of which includes all or part of the territory and 3 who equal in number at least 8% of the total votes cast for 4 candidates for Governor in the preceding gubernatorial 5 election by10% ofthe total number of registered voters of 6 the precinct or precincts the registered voters of which are 7 eligible to sign the petition, it shall be the duty of the 8 election authority having jurisdiction over such municipality 9 to submit such question to the electors throughout each 10 precinct all or part of which includes all or part of the 11 territory at the regular election specified in the 12 resolution, ordinance or petition initiating the public 13 question. A petition initiating a public question described 14 in this subsection shall be filed with the election authority 15 having jurisdiction over the municipality. A resolution, 16 ordinance or petition initiating a public question described 17 in this subsection shall specify the election at which the 18 question is to be submitted. 19 (c) Local questions of public policy authorized by this 20 Section and statewide questions of public policy authorized 21 by Section 28-9 shall be advisory public questions, and no 22 legal effects shall result from the adoption or rejection of 23 such propositions. 24 (d) This Section does not apply to a petition filed 25 pursuant to Article IX of the Liquor Control Act of 1934. 26 (Source: P.A. 84-1467.) 27 (10 ILCS 5/28-9) (from Ch. 46, par. 28-9) 28 Sec. 28-9. Petitions for proposed amendments to Article 29 IV of the Constitution pursuant to Section 3, Article XIV of 30 the Constitution shall be signed by a number of electors 31 equal in number to at least 8% of the total votes cast for 32 candidates for Governor in the preceding gubernatorial 33 election. Such petition shall have been signed by the HB1798 Engrossed -3- LRB9206295MWpc 1 petitioning electors not more than 24 months preceding the 2 general election at which the proposed amendment is to be 3 submitted and shall be filed with the Secretary of State at 4 least 6 months before that general election. 5 Upon receipt of a petition for a proposed Constitutional 6 amendment, the Secretary of State shall, as soon as is 7 practicable, but no later than the close of the next business 8 day, deliver such petition to the State Board of Elections. 9 Petitions for advisory questions of public policy to be 10 submitted to the voters of the entire State shall be signed 11 by a number of voters equal in number to 8% of the total 12 votes cast for candidates for Governor in the preceding 13 gubernatorial electionat least 10% of the registered voters14in the State. Such petition shall have been signed by said 15 petitioners not more than 24 months preceding the date of the 16 general election at which the question is to be submitted and 17 shall be filed with the State Board of Elections at least 6 18 months before that general election. 19 The proponents of the proposed Constitutional amendment 20 or statewide advisory public question shall file the original 21 petition in bound election jurisdiction sections. Each 22 section shall be composed of consecutively numbered petition 23 sheets containing only the signatures of registered voters of 24 a single election jurisdiction and, at the top of each 25 petition sheet, the name of the election jurisdiction shall 26 be typed or printed in block letters; provided that, if the 27 name of the election jurisdiction is not so printed, the 28 election jurisdiction of the circulator of that petition 29 sheet shall be controlling with respect to the signatures on 30 that sheet. Any petition sheets not consecutively numbered or 31 which contain duplicate page numbers already used on other 32 sheets, or are photocopies or duplicates of the original 33 sheets, shall not be considered part of the petition for the 34 purpose of the random sampling verification and shall not be HB1798 Engrossed -4- LRB9206295MWpc 1 counted toward the minimum number of signatures required to 2 qualify the proposed constitutional amendment or statewide 3 advisory public question for the ballot. 4 Within 7 business days following the last day for filing 5 the original petition, the proponents shall also file copies 6 of the sectioned election jurisdiction petition sheets with 7 each proper election authority and obtain a receipt therefor. 8 For purposes of this Act, the following terms shall be 9 defined and construed as follows: 10 1. "Board" means the State Board of Elections. 11 2. "Election Authority" means a county clerk or city or 12 county board of election commissioners. 13 3. "Election Jurisdiction" means (a) an entire county, 14 in the case of a county in which no city board of election 15 commissioners is located or which is under the jurisdiction 16 of a county board of election commissioners; (b) the 17 territorial jurisdiction of a city board of election 18 commissioners; and (c) the territory in a county outside of 19 the jurisdiction of a city board of election commissioners. 20 In each instance election jurisdiction shall be determined 21 according to which election authority maintains the permanent 22 registration records of qualified electors. 23 4. "Proponents" means any person, association, 24 committee, organization or other group, or their designated 25 representatives, who advocate and cause the circulation and 26 filing of petitions for a statewide advisory question of 27 public policy or a proposed constitutional amendment for 28 submission at a general election and who has registered with 29 the Board as provided in this Act. 30 5. "Opponents" means any person, association, committee, 31 organization or other group, or their designated 32 representatives, who oppose a statewide advisory question of 33 public policy or a proposed constitutional amendment for 34 submission at a general election and who have registered with HB1798 Engrossed -5- LRB9206295MWpc 1 the Board as provided in this Act. 2 (Source: P.A. 87-1052.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.