Bill Amendment: IL HB0528 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ELECTIONS-TECH
Status: 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0528 Detail]
Download: Illinois-2019-HB0528-House_Amendment_001.html
Bill Title: ELECTIONS-TECH
Status: 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0528 Detail]
Download: Illinois-2019-HB0528-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 528
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2 | AMENDMENT NO. ______. Amend House Bill 528 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Sections 28-1 and 28-2 and by 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 |
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1 | provides.
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2 | The method of initiating the submission of a public | ||||||
3 | question shall be
as provided by the statute authorizing such | ||||||
4 | public question, or as
provided by the Constitution.
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5 | All public questions shall be initiated, submitted and | ||||||
6 | printed on the
ballot in the form required by Section 16-7 of | ||||||
7 | this Act, except as may
otherwise be specified in the statute | ||||||
8 | authorizing a public question.
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9 | Whenever a statute provides for the initiation of a public | ||||||
10 | question
by a petition of electors, the provisions of such | ||||||
11 | statute shall govern
with respect to the number of signatures | ||||||
12 | required, the qualifications of
persons entitled to sign the | ||||||
13 | petition, the contents of the petition, the
officer with whom | ||||||
14 | the petition must be filed, and the form of the
question to be | ||||||
15 | submitted. If such statute does not specify any of the
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16 | foregoing petition requirements, the corresponding petition | ||||||
17 | requirements
of Section 28-6 shall govern such petition.
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18 | Irrespective of the method of initiation, not more than 3 | ||||||
19 | public
questions other than (a) back door referenda, (b) | ||||||
20 | referenda to
determine whether a disconnection may take place | ||||||
21 | where a city coterminous
with a township is proposing to annex | ||||||
22 | territory from an adjacent township, (c) referenda held under | ||||||
23 | the provisions of the Property Tax Extension
Limitation Law in | ||||||
24 | the Property Tax Code, (d) referenda held under
Section 2-3002 | ||||||
25 | of the Counties Code, or (e) referenda held under Article 22, | ||||||
26 | 23, or 29 of the Township Code , or (f) referenda pursuant to |
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1 | Article 28A of this Code may be submitted to
referendum with | ||||||
2 | respect to a political
subdivision at the same election.
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3 | If more than 3 propositions are timely initiated or | ||||||
4 | certified for
submission at an election with respect to a | ||||||
5 | political subdivision, the
first 3 validly initiated, by the | ||||||
6 | filing of a petition or by the
adoption of a resolution or | ||||||
7 | ordinance of a political subdivision, as the
case may be, shall | ||||||
8 | be printed on the ballot and submitted at that
election. | ||||||
9 | However, except as expressly authorized by law not more than
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10 | one proposition to change the form of government of a | ||||||
11 | municipality
pursuant to Article VII of the Constitution may be | ||||||
12 | submitted at an
election. If more than one such proposition is | ||||||
13 | timely initiated or
certified for submission at an election | ||||||
14 | with respect to a municipality,
the first validly initiated | ||||||
15 | shall be the one printed on the ballot and
submitted at that | ||||||
16 | election.
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17 | No public question shall be submitted to the voters of a | ||||||
18 | political
subdivision at any regularly scheduled election at | ||||||
19 | which such voters are
not scheduled to cast votes for any | ||||||
20 | candidates for nomination for, election
to or retention in | ||||||
21 | public office, except that if, in any existing or proposed
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22 | political subdivision in which the submission of a public | ||||||
23 | question at a
regularly scheduled election is desired, the | ||||||
24 | voters of only a portion of
such existing or proposed political | ||||||
25 | subdivision are not scheduled to cast votes
for nomination for, | ||||||
26 | election to or retention in public office at such election,
but |
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1 | the voters in one or more other portions of such existing or | ||||||
2 | proposed
political subdivision are scheduled to cast votes for | ||||||
3 | nomination for, election
to or retention in public office at | ||||||
4 | such election, the public question shall be
voted upon by all | ||||||
5 | the qualified voters of the entire existing or proposed
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6 | political subdivision at the election.
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7 | Not more than 3 advisory public questions may be submitted | ||||||
8 | to the
voters of the entire state at a general election. If | ||||||
9 | more than 3 such advisory
propositions are initiated, the first | ||||||
10 | 3 timely and validly initiated
shall be the questions printed | ||||||
11 | on the ballot and submitted at that
election; provided however, | ||||||
12 | that a question for a proposed amendment to
Article IV of the | ||||||
13 | Constitution pursuant to Section 3, Article XIV of the
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14 | Constitution, or for a question submitted under the Property | ||||||
15 | Tax Cap
Referendum Law, shall not be included in the foregoing | ||||||
16 | limitation.
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17 | (Source: P.A. 100-107, eff. 1-1-18 .)
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18 | (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
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19 | Sec. 28-2. (a) Except as otherwise provided in this Section | ||||||
20 | or Article 28A , petitions
for the submission of public | ||||||
21 | questions to referendum must be filed with the
appropriate | ||||||
22 | officer or board not less than 92 days prior to a regular
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23 | election to be eligible for submission on the ballot at such | ||||||
24 | election; and
petitions for the submission of a question under | ||||||
25 | Section 18-120 or Section 18-206 of the
Property Tax Code must |
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1 | be filed with the appropriate officer or board not more
than 10 | ||||||
2 | months nor less than 6 months prior to the election at which | ||||||
3 | such
question is to be submitted to the voters.
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4 | (b) However, petitions for the submission of a public | ||||||
5 | question to
referendum which proposes the creation or formation | ||||||
6 | of a political
subdivision must be filed with the appropriate | ||||||
7 | officer or board not less
than 122 days prior to a regular | ||||||
8 | election to be eligible for submission on
the ballot at such | ||||||
9 | election.
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10 | (c) Resolutions or ordinances of governing boards of | ||||||
11 | political
subdivisions which initiate the submission of public | ||||||
12 | questions pursuant
to law must be adopted not less than 79 days | ||||||
13 | before a regularly scheduled
election to be eligible for | ||||||
14 | submission on the ballot at such election.
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15 | (d) A petition, resolution or ordinance initiating the | ||||||
16 | submission of a
public question may specify a regular election | ||||||
17 | at which the question is
to be submitted, and must so specify | ||||||
18 | if the statute authorizing the
public question requires | ||||||
19 | submission at a particular election. However,
no petition, | ||||||
20 | resolution or ordinance initiating the submission of a
public | ||||||
21 | question, other than a legislative resolution initiating an
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22 | amendment to the Constitution, may specify such submission at | ||||||
23 | an
election more than one year, or 15 months in the case of a | ||||||
24 | back door referendum as defined in subsection (f), after the | ||||||
25 | date on which it is filed or
adopted, as the case may be. A | ||||||
26 | petition, resolution or ordinance
initiating a public question |
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1 | which specifies a particular election at
which the question is | ||||||
2 | to be submitted shall be so limited, and shall not
be valid as | ||||||
3 | to any other election, other than an emergency referendum
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4 | ordered pursuant to Section 2A-1.4.
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5 | (e) If a petition initiating a public question does not | ||||||
6 | specify a
regularly scheduled election, the public question | ||||||
7 | shall be submitted to
referendum at the next regular election | ||||||
8 | occurring not less than 92 days
after the filing of the | ||||||
9 | petition, or not less than 122 days after the
filing of a | ||||||
10 | petition for referendum to create a political subdivision. If
a | ||||||
11 | resolution or ordinance 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 79 days
after the adoption of the | ||||||
15 | resolution or ordinance.
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16 | (f) In the case of back door referenda, any limitations in | ||||||
17 | another
statute authorizing such a referendum which restrict | ||||||
18 | the time in which
the initiating petition may be validly filed | ||||||
19 | shall apply to such
petition, in addition to the filing | ||||||
20 | deadlines specified in this Section
for submission at a | ||||||
21 | particular election. In the case of any back door
referendum, | ||||||
22 | the publication of the ordinance or resolution of the political
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23 | subdivision shall include a notice of (1) the specific number | ||||||
24 | of voters
required to sign a petition requesting that a public | ||||||
25 | question be submitted
to the voters of the subdivision; (2) the | ||||||
26 | time within which the petition must
be filed; and (3) the date |
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1 | of the prospective referendum. The secretary or
clerk of the | ||||||
2 | political subdivision shall provide a petition form to any
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3 | individual requesting one. The legal sufficiency of that form, | ||||||
4 | if provided by the secretary or clerk of the political | ||||||
5 | subdivision, cannot be the basis of a challenge to placing the | ||||||
6 | back door referendum on the ballot. As used herein, a "back | ||||||
7 | door
referendum" is the submission of a public question to the | ||||||
8 | voters of a
political subdivision, initiated by a petition of | ||||||
9 | voters or residents of
such political subdivision, to determine | ||||||
10 | whether an action by the
governing body of such subdivision | ||||||
11 | shall be adopted or rejected.
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12 | (g) A petition for the incorporation or formation of a new
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13 | political subdivision whose officers are to be elected rather | ||||||
14 | than appointed
must have attached to it an affidavit attesting | ||||||
15 | that at least 122 days and
no more than 152 days prior to such | ||||||
16 | election notice of intention to file
such petition was | ||||||
17 | published in a newspaper published within the proposed
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18 | political subdivision, or if none, in a newspaper of general | ||||||
19 | circulation
within the territory of the proposed political | ||||||
20 | subdivision in substantially
the following form:
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21 | NOTICE OF PETITION TO FORM A NEW........
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22 | Residents of the territory described below are notified | ||||||
23 | that a petition
will or has been filed in the Office | ||||||
24 | of............requesting a referendum
to establish a | ||||||
25 | new........, to be called the............
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26 | *The officers of the new...........will be elected on the |
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1 | same day as the
referendum. Candidates for the governing board | ||||||
2 | of the new......may file
nominating petitions with the officer | ||||||
3 | named above until...........
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4 | The territory proposed to comprise the new........is | ||||||
5 | described as follows:
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6 | (description of territory included in petition)
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7 | (signature)....................................
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8 | Name and address of person or persons proposing
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9 | the new political subdivision.
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10 | * Where applicable.
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11 | Failure to file such affidavit, or failure to publish the | ||||||
12 | required notice
with the correct information contained therein | ||||||
13 | shall render the petition,
and any referendum held pursuant to | ||||||
14 | such petition, null and void.
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15 | Notwithstanding the foregoing provisions of this | ||||||
16 | subsection (g) or any
other provisions of this Code, the | ||||||
17 | publication of notice and affidavit
requirements of this | ||||||
18 | subsection (g) shall not apply to any petition filed
under | ||||||
19 | Article 7 or 11E of the School Code nor to any
referendum
held | ||||||
20 | pursuant to any such petition, and neither any petition filed | ||||||
21 | under
any of those Articles nor any referendum held pursuant to | ||||||
22 | any such petition
shall be rendered null and void because of | ||||||
23 | the failure to file an affidavit
or publish a notice with | ||||||
24 | respect to the petition or referendum as required
under this | ||||||
25 | subsection (g) for petitions that are not filed under any of
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26 | those Articles of the School Code.
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1 | (Source: P.A. 100-465, eff. 8-31-17.)
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2 | (10 ILCS 5/Art. 28A heading new) | ||||||
3 | ARTICLE 28A. ENVIRONMENTAL INITIATIVES | ||||||
4 | (10 ILCS 5/28A-1 new) | ||||||
5 | Sec. 28A-1. Local government initiative petition and | ||||||
6 | referendum for helping veterans. | ||||||
7 | (a) In order to promote the welfare of veterans of our | ||||||
8 | nation's armed forces, the electors of any unit of local | ||||||
9 | government may pass, by initiative petition and referendum in | ||||||
10 | the manner prescribed by this Article, a binding ordinance | ||||||
11 | relating to the subjects set forth in subsection (b) that the | ||||||
12 | corporate authorities of their unit of local government are | ||||||
13 | empowered to pass. | ||||||
14 | (b) A binding ordinance relating to helping veterans of any | ||||||
15 | branch of service in the armed forces of the United States may | ||||||
16 | be proposed by a petition signed by the number of electors | ||||||
17 | equal to at least 8% of the total votes cast for Governor at | ||||||
18 | the last general election in the unit of local government. The | ||||||
19 | petition shall contain the text of the proposed ordinance and | ||||||
20 | the date of the general or consolidated election at which the | ||||||
21 | proposed ordinance is to be submitted, shall have been signed | ||||||
22 | by petitioning electors not more than 12 months preceding the | ||||||
23 | general or consolidated election, and shall be filed with the | ||||||
24 | clerk of the unit of local government at least 108 days before |
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1 | that general or consolidated election. Ordinances that may be | ||||||
2 | proposed pursuant to this section (b) include, but are not | ||||||
3 | limited to, measures that provide job training opportunities | ||||||
4 | for veterans, that provide opportunities for employment for | ||||||
5 | veterans, or that enable veterans to access health, | ||||||
6 | psychiatric, or other services. Any ordinance proposed | ||||||
7 | pursuant to this section (b) that will require the imposition | ||||||
8 | of a tax or fee of any kind, or the expenditure of any public | ||||||
9 | funds, will specify, in the text of the referendum question, | ||||||
10 | the amount of any such tax, fee, or expenditure on an annual | ||||||
11 | basis. | ||||||
12 | (c) If the corporate authorities of the unit of local | ||||||
13 | government, without amendment, pass the binding ordinance | ||||||
14 | proposed by such a petition filed with the unit of local | ||||||
15 | government's clerk not less than 78 days before the general or | ||||||
16 | consolidated election at which the petition specifies the | ||||||
17 | proposed binding ordinance is to be submitted, then the | ||||||
18 | proposed binding shall not be submitted to the electors of the | ||||||
19 | unit of local government. | ||||||
20 | (d) Except as otherwise provided in this Article, petitions | ||||||
21 | filed under this Article shall be governed by Article 28 of | ||||||
22 | this Code. | ||||||
23 | (e) If no objection to a petition filed under subsection | ||||||
24 | (b) is filed within 5 business days
after such petition is | ||||||
25 | filed or if an objection is filed and the appropriate electoral | ||||||
26 | official or board rules the petition sufficient, then the clerk |
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1 | of the unit of local government shall submit the petition to | ||||||
2 | the election official or board for the unit of local | ||||||
3 | government, and the election official or board shall order the | ||||||
4 | proposed ordinance submitted to the electors of the unit of | ||||||
5 | local government at the election specified in the petition. | ||||||
6 | (f) If, after the election official or board of the unit of | ||||||
7 | local government orders the proposed ordinance to be submitted | ||||||
8 | to the electors of the unit of local government, it determines | ||||||
9 | that the proposed ordinance is too long to be printed in its | ||||||
10 | entirety on the ballot, it shall ask the clerk of the unit of | ||||||
11 | local government to provide a concise statement of its nature. | ||||||
12 | The election official or board shall then cause either the | ||||||
13 | entire proposed ordinance or the concise statement to be | ||||||
14 | printed on the ballot together with a question permitting the | ||||||
15 | elector to indicate approval or disapproval of adoption of the | ||||||
16 | proposed ordinance. | ||||||
17 | (g) If a majority of those voting on the proposed ordinance | ||||||
18 | indicate approval of its adoption, it shall be passed and have | ||||||
19 | the same effect as if it had been passed by the corporate | ||||||
20 | authorities of the unit of local government except as provided | ||||||
21 | in subsection (h). | ||||||
22 | (h) Ordinances adopted under this Article, either by | ||||||
23 | approval of electors at an election or by passage by the | ||||||
24 | corporate authorities under subsection (c), shall not be | ||||||
25 | repeated or amended within 4 years after adoption except by | ||||||
26 | vote of the electors. |
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1 | (i) The corporate authorities of a unit of local government | ||||||
2 | may submit to its electorate a proposition to repeal or amend | ||||||
3 | an ordinance adopted under this Article at any election in | ||||||
4 | conformance with Article 28 of this Code. ".
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