Bill Amendment: IL HB0530 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ELECTIONS-TECH

Status: 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0530 Detail]

Download: Illinois-2019-HB0530-House_Amendment_001.html

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Rep. Emanuel Chris Welch

Filed: 3/21/2019

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AMENDMENT TO HOUSE BILL 530
AMENDMENT NO. ______. Amend House Bill 530 by replacing
everything after the enacting clause with the following:
"Section 5. The Election Code is amended by changing
Sections 28-1 and 28-2 and by adding Article 28A as follows:
(10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
Sec. 28-1. The initiation and submission of all public
questions to be voted upon by the electors of the State or of
any political subdivision or district or precinct or
combination of precincts shall be subject to the provisions of
this Article.
Questions of public policy which have any legal effect
shall be submitted to referendum only as authorized by a
statute which so provides or by the Constitution. Advisory
questions of public policy shall be submitted to referendum
pursuant to Section 28-5 or pursuant to a statute which so

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provides.
The method of initiating the submission of a public
question shall be as provided by the statute authorizing such
public question, or as provided by the Constitution.
All public questions shall be initiated, submitted and
printed on the ballot in the form required by Section 16-7 of
this Act, except as may otherwise be specified in the statute
authorizing a public question.
Whenever a statute provides for the initiation of a public
question by a petition of electors, the provisions of such
statute shall govern with respect to the number of signatures
required, the qualifications of persons entitled to sign the
petition, the contents of the petition, the officer with whom
the petition must be filed, and the form of the question to be
submitted. If such statute does not specify any of the
foregoing petition requirements, the corresponding petition
requirements of Section 28-6 shall govern such petition.
Irrespective of the method of initiation, not more than 3
public questions other than (a) back door referenda, (b)
referenda to determine whether a disconnection may take place
where a city coterminous with a township is proposing to annex
territory from an adjacent township, (c) referenda held under
the provisions of the Property Tax Extension Limitation Law in
the Property Tax Code, (d) referenda held under Section 2-3002
of the Counties Code, or (e) referenda held under Article 22,
23, or 29 of the Township Code, or (f) referenda pursuant to

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Article 28A of this Code may be submitted to referendum with
respect to a political subdivision at the same election.
If more than 3 propositions are timely initiated or
certified for submission at an election with respect to a
political subdivision, the first 3 validly initiated, by the
filing of a petition or by the adoption of a resolution or
ordinance of a political subdivision, as the case may be, shall
be printed on the ballot and submitted at that election.
However, except as expressly authorized by law not more than
one proposition to change the form of government of a
municipality pursuant to Article VII of the Constitution may be
submitted at an election. If more than one such proposition is
timely initiated or certified for submission at an election
with respect to a municipality, the first validly initiated
shall be the one printed on the ballot and submitted at that
election.
No public question shall be submitted to the voters of a
political subdivision at any regularly scheduled election at
which such voters are not scheduled to cast votes for any
candidates for nomination for, election to or retention in
public office, except that if, in any existing or proposed
political subdivision in which the submission of a public
question at a regularly scheduled election is desired, the
voters of only a portion of such existing or proposed political
subdivision are not scheduled to cast votes for nomination for,
election to or retention in public office at such election, but

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the voters in one or more other portions of such existing or
proposed political subdivision are scheduled to cast votes for
nomination for, election to or retention in public office at
such election, the public question shall be voted upon by all
the qualified voters of the entire existing or proposed
political subdivision at the election.
Not more than 3 advisory public questions may be submitted
to the voters of the entire state at a general election. If
more than 3 such advisory propositions are initiated, the first
3 timely and validly initiated shall be the questions printed
on the ballot and submitted at that election; provided however,
that a question for a proposed amendment to Article IV of the
Constitution pursuant to Section 3, Article XIV of the
Constitution, or for a question submitted under the Property
Tax Cap Referendum Law, shall not be included in the foregoing
limitation.
(Source: P.A. 100-107, eff. 1-1-18.)
(10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
Sec. 28-2. (a) Except as otherwise provided in this Section
or Article 28A, petitions for the submission of public
questions to referendum must be filed with the appropriate
officer or board not less than 92 days prior to a regular
election to be eligible for submission on the ballot at such
election; and petitions for the submission of a question under
Section 18-120 or Section 18-206 of the Property Tax Code must

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be filed with the appropriate officer or board not more than 10
months nor less than 6 months prior to the election at which
such question is to be submitted to the voters.
(b) However, petitions for the submission of a public
question to referendum which proposes the creation or formation
of a political subdivision must be filed with the appropriate
officer or board not less than 122 days prior to a regular
election to be eligible for submission on the ballot at such
election.
(c) Resolutions or ordinances of governing boards of
political subdivisions which initiate the submission of public
questions pursuant to law must be adopted not less than 79 days
before a regularly scheduled election to be eligible for
submission on the ballot at such election.
(d) A petition, resolution or ordinance initiating the
submission of a public question may specify a regular election
at which the question is to be submitted, and must so specify
if the statute authorizing the public question requires
submission at a particular election. However, no petition,
resolution or ordinance initiating the submission of a public
question, other than a legislative resolution initiating an
amendment to the Constitution, may specify such submission at
an election more than one year, or 15 months in the case of a
back door referendum as defined in subsection (f), after the
date on which it is filed or adopted, as the case may be. A
petition, resolution or ordinance initiating a public question

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which specifies a particular election at which the question is
to be submitted shall be so limited, and shall not be valid as
to any other election, other than an emergency referendum
ordered pursuant to Section 2A-1.4.
(e) If a petition initiating a public question does not
specify a regularly scheduled election, the public question
shall be submitted to referendum at the next regular election
occurring not less than 92 days after the filing of the
petition, or not less than 122 days after the filing of a
petition for referendum to create a political subdivision. If a
resolution or ordinance initiating a public question does not
specify a regularly scheduled election, the public question
shall be submitted to referendum at the next regular election
occurring not less than 79 days after the adoption of the
resolution or ordinance.
(f) In the case of back door referenda, any limitations in
another statute authorizing such a referendum which restrict
the time in which the initiating petition may be validly filed
shall apply to such petition, in addition to the filing
deadlines specified in this Section for submission at a
particular election. In the case of any back door referendum,
the publication of the ordinance or resolution of the political
subdivision shall include a notice of (1) the specific number
of voters required to sign a petition requesting that a public
question be submitted to the voters of the subdivision; (2) the
time within which the petition must be filed; and (3) the date

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of the prospective referendum. The secretary or clerk of the
political subdivision shall provide a petition form to any
individual requesting one. The legal sufficiency of that form,
if provided by the secretary or clerk of the political
subdivision, cannot be the basis of a challenge to placing the
back door referendum on the ballot. As used herein, a "back
door referendum" is the submission of a public question to the
voters of a political subdivision, initiated by a petition of
voters or residents of such political subdivision, to determine
whether an action by the governing body of such subdivision
shall be adopted or rejected.
(g) A petition for the incorporation or formation of a new
political subdivision whose officers are to be elected rather
than appointed must have attached to it an affidavit attesting
that at least 122 days and no more than 152 days prior to such
election notice of intention to file such petition was
published in a newspaper published within the proposed
political subdivision, or if none, in a newspaper of general
circulation within the territory of the proposed political
subdivision in substantially the following form:
NOTICE OF PETITION TO FORM A NEW........
Residents of the territory described below are notified
that a petition will or has been filed in the Office
of............requesting a referendum to establish a
new........, to be called the............
*The officers of the new...........will be elected on the

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same day as the referendum. Candidates for the governing board
of the new......may file nominating petitions with the officer
named above until...........
The territory proposed to comprise the new........is
described as follows:
(description of territory included in petition)
(signature)....................................
Name and address of person or persons proposing
the new political subdivision.
* Where applicable.
Failure to file such affidavit, or failure to publish the
required notice with the correct information contained therein
shall render the petition, and any referendum held pursuant to
such petition, null and void.
Notwithstanding the foregoing provisions of this
subsection (g) or any other provisions of this Code, the
publication of notice and affidavit requirements of this
subsection (g) shall not apply to any petition filed under
Article 7 or 11E of the School Code nor to any referendum held
pursuant to any such petition, and neither any petition filed
under any of those Articles nor any referendum held pursuant to
any such petition shall be rendered null and void because of
the failure to file an affidavit or publish a notice with
respect to the petition or referendum as required under this
subsection (g) for petitions that are not filed under any of
those Articles of the School Code.

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(Source: P.A. 100-465, eff. 8-31-17.)
(10 ILCS 5/Art. 28A heading new)
ARTICLE 28A. ETHICS INITIATIVES
(10 ILCS 5/28A-1 new)
Sec. 28A-1. Local government binding initiative petition
and referendum.
(a) The electors of any unit of local government may pass,
by initiative petition and referendum in the manner prescribed
by this Article, a binding ordinance relating to ethical
standards that the corporate authorities of their unit of local
government are empowered to pass.
(b) A binding ordinance relating to ethical standards may
be proposed by a petition signed by the number of electors
equal to at least 8% of the total votes cast for Governor at
the last general election in the unit of local government. The
petition shall contain the text of the proposed ordinance and
the date of the general or consolidated election at which the
proposed ordinance is to be submitted, shall have been signed
by petitioning electors not more than 12 months preceding the
general or consolidated election, and shall be filed with the
clerk of the unit of local government at least 108 days before
that general or consolidated election.
(c) If the corporate authorities of the unit of local
government, without amendment, pass the binding ordinance

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proposed by such a petition filed with the unit of local
government's clerk not less than 78 days prior to the general
or consolidated election at which the petition specifies the
proposed binding ordinance is to be submitted, then the
proposed binding ordinance shall not be submitted to the
electors of the unit of local government.
(d) Except as otherwise provided in this Article, petitions
filed under this Article shall be governed by Article 28 of the
Election Code.
(e) If no objection to a petition filed under subsection
(b) is filed within 5 business days after that petition is
filed or if an objection is filed and the appropriate electoral
official or board rules the petition sufficient, then the clerk
of the unit of local government shall submit the petition to
the election official or board for the unit of local
government, and the election official or board shall order the
proposed ordinance submitted to the electors of the unit of
local government at the election specified in the petition.
(f) If, after the election official or board of the unit of
local government orders the proposed ordinance to be submitted
to the electors of the unit of local government, it determines
that the proposed ordinance is too long to be printed in its
entirety on the ballot, it shall ask the clerk of the unit of
local government to provide a concise statement of its nature.
The election official or board shall then cause either the
entire proposed ordinance or the concise statement to be

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printed on the ballot together with a question permitting the
elector to indicate approval or disapproval of adoption of the
proposed ordinance.
(g) If a majority of those voting on the proposed ordinance
indicate approval of its adoption, it shall be passed and have
the same effect as if it had been passed by the corporate
authorities of the unit of local government, except as provided
in subsection (h).
(h) Ordinances adopted under this Article, either by
approval of electors at an election or by passage by the
corporate authorities under subsection (c), shall not be
repealed or amended within 4 years after adoption except by
vote of the electors.
(i) The corporate authorities of a unit of local government
may submit to its electorate a proposition to repeal or amend
an ordinance adopted under this Article at any election in
conformance with Article 28 of this Code.".