1 | 1 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2101 Introduced 2/6/2025, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED: 10 ILCS 5/28-6 from Ch. 46, par. 28-610 ILCS 5/28-7 from Ch. 46, par. 28-710 ILCS 5/28-9 from Ch. 46, par. 28-9 Amends the Election Code. Provides that a public question may be initiated by the filing with the clerk or secretary of the governmental unit of a petition signed by a number of qualified electors equal to or greater than at least 4% of the total votes cast for candidates for Governor in the preceding gubernatorial election (rather than 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election), requesting the submission of the proposal for such action to the voters of the governmental unit at a regular election. Makes conforming changes. LRB104 11329 SPS 21416 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2101 Introduced 2/6/2025, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED: 10 ILCS 5/28-6 from Ch. 46, par. 28-610 ILCS 5/28-7 from Ch. 46, par. 28-710 ILCS 5/28-9 from Ch. 46, par. 28-9 10 ILCS 5/28-6 from Ch. 46, par. 28-6 10 ILCS 5/28-7 from Ch. 46, par. 28-7 10 ILCS 5/28-9 from Ch. 46, par. 28-9 Amends the Election Code. Provides that a public question may be initiated by the filing with the clerk or secretary of the governmental unit of a petition signed by a number of qualified electors equal to or greater than at least 4% of the total votes cast for candidates for Governor in the preceding gubernatorial election (rather than 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election), requesting the submission of the proposal for such action to the voters of the governmental unit at a regular election. Makes conforming changes. LRB104 11329 SPS 21416 b LRB104 11329 SPS 21416 b A BILL FOR |
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2 | 2 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2101 Introduced 2/6/2025, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 10 ILCS 5/28-6 from Ch. 46, par. 28-610 ILCS 5/28-7 from Ch. 46, par. 28-710 ILCS 5/28-9 from Ch. 46, par. 28-9 10 ILCS 5/28-6 from Ch. 46, par. 28-6 10 ILCS 5/28-7 from Ch. 46, par. 28-7 10 ILCS 5/28-9 from Ch. 46, par. 28-9 |
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4 | 4 | | 10 ILCS 5/28-6 from Ch. 46, par. 28-6 |
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5 | 5 | | 10 ILCS 5/28-7 from Ch. 46, par. 28-7 |
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6 | 6 | | 10 ILCS 5/28-9 from Ch. 46, par. 28-9 |
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7 | 7 | | Amends the Election Code. Provides that a public question may be initiated by the filing with the clerk or secretary of the governmental unit of a petition signed by a number of qualified electors equal to or greater than at least 4% of the total votes cast for candidates for Governor in the preceding gubernatorial election (rather than 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election), requesting the submission of the proposal for such action to the voters of the governmental unit at a regular election. Makes conforming changes. |
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8 | 8 | | LRB104 11329 SPS 21416 b LRB104 11329 SPS 21416 b |
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9 | 9 | | LRB104 11329 SPS 21416 b |
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10 | 10 | | A BILL FOR |
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11 | 11 | | SB2101LRB104 11329 SPS 21416 b SB2101 LRB104 11329 SPS 21416 b |
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12 | 12 | | SB2101 LRB104 11329 SPS 21416 b |
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13 | 13 | | 1 AN ACT concerning elections. |
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14 | 14 | | 2 Be it enacted by the People of the State of Illinois, |
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15 | 15 | | 3 represented in the General Assembly: |
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16 | 16 | | 4 Section 5. The Election Code is amended by changing |
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17 | 17 | | 5 Sections 28-6, 28-7, and 28-9 as follows: |
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18 | 18 | | 6 (10 ILCS 5/28-6) (from Ch. 46, par. 28-6) |
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19 | 19 | | 7 Sec. 28-6. Petitions; filing. |
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20 | 20 | | 8 (a) On a written petition signed by a number of voters |
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21 | 21 | | 9 equal to at least 4% 8% of the total votes cast for candidates |
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22 | 22 | | 10 for Governor in the preceding gubernatorial election by the |
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23 | 23 | | 11 registered voters of the municipality, township, county or |
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24 | 24 | | 12 school district, it shall be the duty of the proper election |
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25 | 25 | | 13 officers to submit any question of public policy so petitioned |
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26 | 26 | | 14 for, to the electors of such political subdivision at any |
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27 | 27 | | 15 regular election named in the petition at which an election is |
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28 | 28 | | 16 scheduled to be held throughout such political subdivision |
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29 | 29 | | 17 under Article 2A. Such petitions shall be filed with the local |
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30 | 30 | | 18 election official of the political subdivision or election |
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31 | 31 | | 19 authority, as the case may be. Where such a question is to be |
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32 | 32 | | 20 submitted to the voters of a municipality which has adopted |
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33 | 33 | | 21 Article 6, or a township or school district located entirely |
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34 | 34 | | 22 within the jurisdiction of a municipal board of election |
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35 | 35 | | 23 commissioners, such petitions shall be filed with the board of |
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38 | 38 | | |
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39 | 39 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2101 Introduced 2/6/2025, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED: |
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40 | 40 | | 10 ILCS 5/28-6 from Ch. 46, par. 28-610 ILCS 5/28-7 from Ch. 46, par. 28-710 ILCS 5/28-9 from Ch. 46, par. 28-9 10 ILCS 5/28-6 from Ch. 46, par. 28-6 10 ILCS 5/28-7 from Ch. 46, par. 28-7 10 ILCS 5/28-9 from Ch. 46, par. 28-9 |
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41 | 41 | | 10 ILCS 5/28-6 from Ch. 46, par. 28-6 |
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42 | 42 | | 10 ILCS 5/28-7 from Ch. 46, par. 28-7 |
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43 | 43 | | 10 ILCS 5/28-9 from Ch. 46, par. 28-9 |
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44 | 44 | | Amends the Election Code. Provides that a public question may be initiated by the filing with the clerk or secretary of the governmental unit of a petition signed by a number of qualified electors equal to or greater than at least 4% of the total votes cast for candidates for Governor in the preceding gubernatorial election (rather than 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election), requesting the submission of the proposal for such action to the voters of the governmental unit at a regular election. Makes conforming changes. |
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45 | 45 | | LRB104 11329 SPS 21416 b LRB104 11329 SPS 21416 b |
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46 | 46 | | LRB104 11329 SPS 21416 b |
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47 | 47 | | A BILL FOR |
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52 | 52 | | |
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53 | 53 | | 10 ILCS 5/28-6 from Ch. 46, par. 28-6 |
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54 | 54 | | 10 ILCS 5/28-7 from Ch. 46, par. 28-7 |
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55 | 55 | | 10 ILCS 5/28-9 from Ch. 46, par. 28-9 |
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58 | 58 | | |
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59 | 59 | | LRB104 11329 SPS 21416 b |
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69 | 69 | | SB2101 LRB104 11329 SPS 21416 b |
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72 | 72 | | SB2101- 2 -LRB104 11329 SPS 21416 b SB2101 - 2 - LRB104 11329 SPS 21416 b |
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73 | 73 | | SB2101 - 2 - LRB104 11329 SPS 21416 b |
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74 | 74 | | 1 election commissioners having jurisdiction over the political |
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75 | 75 | | 2 subdivision. |
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76 | 76 | | 3 (b) In a municipality with more than 1,000,000 |
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77 | 77 | | 4 inhabitants, when a question of public policy exclusively |
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78 | 78 | | 5 concerning a contiguous territory included entirely within but |
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79 | 79 | | 6 not coextensive with the municipality is initiated by |
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80 | 80 | | 7 resolution or ordinance of the corporate authorities of the |
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81 | 81 | | 8 municipality, or by a petition which may be signed by |
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82 | 82 | | 9 registered voters who reside in any part of any precinct all or |
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83 | 83 | | 10 part of which includes all or part of the territory and who |
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84 | 84 | | 11 equal in number to at least 4% 8% of the total votes cast for |
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85 | 85 | | 12 candidates for Governor in the preceding gubernatorial |
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86 | 86 | | 13 election by the voters of the precinct or precincts in the |
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87 | 87 | | 14 territory where the question is to be submitted to the voters, |
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88 | 88 | | 15 it shall be the duty of the election authority having |
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89 | 89 | | 16 jurisdiction over such municipality to submit such question to |
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90 | 90 | | 17 the electors throughout each precinct all or part of which |
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91 | 91 | | 18 includes all or part of the territory at the regular election |
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92 | 92 | | 19 specified in the resolution, ordinance or petition initiating |
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93 | 93 | | 20 the public question. A petition initiating a public question |
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94 | 94 | | 21 described in this subsection shall be filed with the election |
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95 | 95 | | 22 authority having jurisdiction over the municipality. A |
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96 | 96 | | 23 resolution, ordinance or petition initiating a public question |
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97 | 97 | | 24 described in this subsection shall specify the election at |
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98 | 98 | | 25 which the question is to be submitted. |
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99 | 99 | | 26 (c) Local questions of public policy authorized by this |
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108 | 108 | | SB2101- 3 -LRB104 11329 SPS 21416 b SB2101 - 3 - LRB104 11329 SPS 21416 b |
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110 | 110 | | 1 Section and statewide questions of public policy authorized by |
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111 | 111 | | 2 Section 28-9 shall be advisory public questions, and no legal |
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112 | 112 | | 3 effects shall result from the adoption or rejection of such |
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113 | 113 | | 4 propositions. |
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114 | 114 | | 5 (d) This Section does not apply to a petition filed |
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115 | 115 | | 6 pursuant to Article IX of the Liquor Control Act of 1934. |
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116 | 116 | | 7 (Source: P.A. 97-81, eff. 7-5-11.) |
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117 | 117 | | 8 (10 ILCS 5/28-7) (from Ch. 46, par. 28-7) |
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118 | 118 | | 9 Sec. 28-7. Except as provided in Article 24 of the |
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119 | 119 | | 10 Township Code, in any case in which Article VII or paragraph |
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120 | 120 | | 11 (a) of Section 5 of the Transition Schedule of the |
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121 | 121 | | 12 Constitution authorizes any action to be taken by or with |
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122 | 122 | | 13 respect to any unit of local government, as defined in Section |
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123 | 123 | | 14 1 of Article VII of the Constitution, by or subject to approval |
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124 | 124 | | 15 by referendum, any such public question shall be initiated in |
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125 | 125 | | 16 accordance with this Section. |
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126 | 126 | | 17 Any such public question may be initiated by the governing |
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127 | 127 | | 18 body of the unit of local government by resolution or by the |
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128 | 128 | | 19 filing with the clerk or secretary of the governmental unit of |
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129 | 129 | | 20 a petition signed by a number of qualified electors equal to or |
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130 | 130 | | 21 greater than at least 4% 8% of the total votes cast for |
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131 | 131 | | 22 candidates for Governor in the preceding gubernatorial |
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132 | 132 | | 23 election, requesting the submission of the proposal for such |
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133 | 133 | | 24 action to the voters of the governmental unit at a regular |
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134 | 134 | | 25 election. |
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140 | 140 | | SB2101 - 3 - LRB104 11329 SPS 21416 b |
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143 | 143 | | SB2101- 4 -LRB104 11329 SPS 21416 b SB2101 - 4 - LRB104 11329 SPS 21416 b |
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145 | 145 | | 1 If the action to be taken requires a referendum involving |
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146 | 146 | | 2 2 or more units of local government, the proposal shall be |
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147 | 147 | | 3 submitted to the voters of such governmental units by the |
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148 | 148 | | 4 election authorities with jurisdiction over the territory of |
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149 | 149 | | 5 the governmental units. Such multi-unit proposals may be |
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150 | 150 | | 6 initiated by appropriate resolutions by the respective |
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151 | 151 | | 7 governing bodies or by petitions of the voters of the several |
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152 | 152 | | 8 governmental units filed with the respective clerks or |
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153 | 153 | | 9 secretaries. |
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154 | 154 | | 10 This Section is intended to provide a method of submission |
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155 | 155 | | 11 to referendum in all cases of proposals for actions which are |
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156 | 156 | | 12 authorized by Article VII of the Constitution by or subject to |
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157 | 157 | | 13 approval by referendum and supersedes any conflicting |
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158 | 158 | | 14 statutory provisions except those contained in Division 2-5 of |
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159 | 159 | | 15 the Counties Code or Article 24 of the Township Code. |
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160 | 160 | | 16 Referenda provided for in this Section may not be held |
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161 | 161 | | 17 more than once in any 23-month period on the same proposition, |
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162 | 162 | | 18 provided that in any municipality a referendum to elect not to |
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163 | 163 | | 19 be a home rule unit may be held only once within any 47-month |
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164 | 164 | | 20 period. |
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165 | 165 | | 21 (Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.) |
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166 | 166 | | 22 (10 ILCS 5/28-9) (from Ch. 46, par. 28-9) |
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167 | 167 | | 23 Sec. 28-9. Petitions for proposed amendments to Article IV |
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168 | 168 | | 24 of the Constitution pursuant to Section 3, Article XIV of the |
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169 | 169 | | 25 Constitution shall be signed by a number of electors equal in |
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180 | 180 | | 1 number to at least 4% 8% of the total votes cast for candidates |
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181 | 181 | | 2 for Governor in the preceding gubernatorial election. Such |
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182 | 182 | | 3 petition shall have been signed by the petitioning electors |
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183 | 183 | | 4 not more than 24 months preceding the general election at |
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184 | 184 | | 5 which the proposed amendment is to be submitted and shall be |
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185 | 185 | | 6 filed with the Secretary of State at least 6 months before that |
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186 | 186 | | 7 general election. |
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187 | 187 | | 8 Upon receipt of a petition for a proposed Constitutional |
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188 | 188 | | 9 amendment, the Secretary of State shall, as soon as is |
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189 | 189 | | 10 practicable, but no later than the close of the next business |
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190 | 190 | | 11 day, deliver such petition to the State Board of Elections. |
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191 | 191 | | 12 Petitions for advisory questions of public policy to be |
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192 | 192 | | 13 submitted to the voters of the entire State shall be signed by |
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193 | 193 | | 14 a number of voters equal in number to 4% 8% of the total votes |
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194 | 194 | | 15 cast for candidates for Governor in the preceding |
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195 | 195 | | 16 gubernatorial election. Such petition shall have been signed |
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196 | 196 | | 17 by said petitioners not more than 24 months preceding the date |
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197 | 197 | | 18 of the general election at which the question is to be |
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198 | 198 | | 19 submitted and shall be filed with the State Board of Elections |
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199 | 199 | | 20 at least 6 months before that general election. |
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200 | 200 | | 21 The proponents of the proposed statewide advisory public |
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201 | 201 | | 22 question shall file the original petition in bound sections. |
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202 | 202 | | 23 Each section shall be composed of consecutively numbered |
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203 | 203 | | 24 petition sheets containing only the signatures of registered |
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204 | 204 | | 25 voters. Any petition sheets not consecutively numbered or |
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205 | 205 | | 26 which contain duplicate page numbers already used on other |
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216 | 216 | | 1 sheets, or are photocopies or duplicates of the original |
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217 | 217 | | 2 sheets, shall not be considered part of the petition for the |
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218 | 218 | | 3 purpose of the random sampling verification and shall not be |
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219 | 219 | | 4 counted toward the minimum number of signatures required to |
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220 | 220 | | 5 qualify the proposed statewide advisory public question for |
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221 | 221 | | 6 the ballot. |
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222 | 222 | | 7 Within 7 business days following the last day for filing |
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223 | 223 | | 8 the original petition, the proponents shall also file copies |
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224 | 224 | | 9 of the petition sheets with each proper election authority and |
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225 | 225 | | 10 obtain a receipt therefor. |
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226 | 226 | | 11 For purposes of this Act, the following terms shall be |
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227 | 227 | | 12 defined and construed as follows: |
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228 | 228 | | 13 1. "Board" means the State Board of Elections. |
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229 | 229 | | 14 2. "Election Authority" means a county clerk or city or |
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230 | 230 | | 15 county board of election commissioners. |
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231 | 231 | | 16 3. (Blank). |
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232 | 232 | | 17 4. "Proponents" means any person, association, committee, |
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233 | 233 | | 18 organization or other group, or their designated |
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234 | 234 | | 19 representatives, who advocate and cause the circulation and |
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235 | 235 | | 20 filing of petitions for a statewide advisory question of |
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236 | 236 | | 21 public policy or a proposed constitutional amendment for |
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237 | 237 | | 22 submission at a general election and who has registered with |
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238 | 238 | | 23 the Board as provided in this Act. |
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239 | 239 | | 24 5. "Opponents" means any person, association, committee, |
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240 | 240 | | 25 organization or other group, or their designated |
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241 | 241 | | 26 representatives, who oppose a statewide advisory question of |
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250 | 250 | | SB2101- 7 -LRB104 11329 SPS 21416 b SB2101 - 7 - LRB104 11329 SPS 21416 b |
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257 | 257 | | SB2101 - 7 - LRB104 11329 SPS 21416 b |
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