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| 1 | AN ACT concerning elections.
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| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Election Code is amended by changing Section | |||||||||||||||||||
| 5 | 28-6 as follows:
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| 6 | (10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
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| 7 | Sec. 28-6. Petitions; filing.
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| 8 | (a) On a written petition signed by a number of voters | |||||||||||||||||||
| 9 | equal to (i) through the general election in 2008, at least
8% | |||||||||||||||||||
| 10 | of the total votes cast for candidates for Governor in the | |||||||||||||||||||
| 11 | preceding gubernatorial
election by the registered
voters of | |||||||||||||||||||
| 12 | the municipality, township, county or school district and (ii) | |||||||||||||||||||
| 13 | beginning with elections in 2009 and thereafter, at least 11% | |||||||||||||||||||
| 14 | of the total ballots cast by the registered voters of the | |||||||||||||||||||
| 15 | municipality, township, county, or school district in the last | |||||||||||||||||||
| 16 | regular election conducted in the municipality, township, | |||||||||||||||||||
| 17 | county, or school district,
it
shall be
the duty of the proper | |||||||||||||||||||
| 18 | election officers to submit any question of
public policy so | |||||||||||||||||||
| 19 | petitioned for, to the electors of such political subdivision
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| 20 | at any regular election named in the
petition at which an | |||||||||||||||||||
| 21 | election is scheduled to be held throughout such political
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| 22 | subdivision under Article 2A. Such petitions shall be filed | |||||||||||||||||||
| 23 | with the local
election official of the political subdivision
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| 1 | or election authority, as the case may be.
Where such a | ||||||
| 2 | question is to be submitted to the voters of a municipality
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| 3 | which has adopted Article 6, or a township or school district | ||||||
| 4 | located
entirely within the jurisdiction of a municipal board | ||||||
| 5 | of election
commissioners, such petitions shall be filed with | ||||||
| 6 | the board of election
commissioners having jurisdiction over | ||||||
| 7 | the political subdivision.
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| 8 | (b) In a municipality with more than 1,000,000
inhabitants, | ||||||
| 9 | when a question of public policy exclusively concerning
a | ||||||
| 10 | contiguous territory included entirely within but not | ||||||
| 11 | coextensive with the
municipality is initiated by resolution or | ||||||
| 12 | ordinance of the corporate
authorities of the municipality, or | ||||||
| 13 | by a petition which may be signed by
registered voters who | ||||||
| 14 | reside in any part of any precinct all or part of
which | ||||||
| 15 | includes all or part of the territory and who equal in number
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| 16 | (i) through the general election in 2008 at least 8% of the | ||||||
| 17 | total votes cast for candidates for Governor in the
preceding | ||||||
| 18 | gubernatorial election by the voters of
the precinct or | ||||||
| 19 | precincts in the territory where the question is to be | ||||||
| 20 | submitted to the voters and (ii) beginning with elections in | ||||||
| 21 | 2009 and thereafter, at least 11% of the total ballots cast at | ||||||
| 22 | the last regular election conducted in the precinct or | ||||||
| 23 | precincts in the territory where the question is to be | ||||||
| 24 | submitted to the voters, it shall
be the duty of the election | ||||||
| 25 | authority having jurisdiction over such
municipality to submit | ||||||
| 26 | such question to the electors throughout each
precinct all or | ||||||
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| 1 | part of which includes all or part of the
territory at the | ||||||
| 2 | regular election specified in the resolution, ordinance
or | ||||||
| 3 | petition initiating the public question. A petition initiating | ||||||
| 4 | a public
question described in this
subsection shall be filed | ||||||
| 5 | with the election authority having jurisdiction
over the | ||||||
| 6 | municipality. A resolution, ordinance or petition initiating a | ||||||
| 7 | public
question described in this subsection shall specify the | ||||||
| 8 | election at which
the question is to be submitted.
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| 9 | (c) Local questions of public policy authorized by this
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| 10 | Section and statewide questions of public policy authorized by | ||||||
| 11 | Section 28-9
shall be advisory public questions, and no legal | ||||||
| 12 | effects shall result
from the adoption or rejection of such | ||||||
| 13 | propositions.
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| 14 | (d) This Section does not apply to a petition filed | ||||||
| 15 | pursuant to
Article IX of the Liquor Control Act of 1934.
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| 16 | (Source: P.A. 95-699, eff. 11-9-07.)
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