Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2101 Compare Versions

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11 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
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2101 Introduced 2/6/2025, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED:
33 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
44 10 ILCS 5/28-6 from Ch. 46, par. 28-6
55 10 ILCS 5/28-7 from Ch. 46, par. 28-7
66 10 ILCS 5/28-9 from Ch. 46, par. 28-9
77 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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1313 1 AN ACT concerning elections.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Election Code is amended by changing
1717 5 Sections 28-6, 28-7, and 28-9 as follows:
1818 6 (10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
1919 7 Sec. 28-6. Petitions; filing.
2020 8 (a) On a written petition signed by a number of voters
2121 9 equal to at least 4% 8% of the total votes cast for candidates
2222 10 for Governor in the preceding gubernatorial election by the
2323 11 registered voters of the municipality, township, county or
2424 12 school district, it shall be the duty of the proper election
2525 13 officers to submit any question of public policy so petitioned
2626 14 for, to the electors of such political subdivision at any
2727 15 regular election named in the petition at which an election is
2828 16 scheduled to be held throughout such political subdivision
2929 17 under Article 2A. Such petitions shall be filed with the local
3030 18 election official of the political subdivision or election
3131 19 authority, as the case may be. Where such a question is to be
3232 20 submitted to the voters of a municipality which has adopted
3333 21 Article 6, or a township or school district located entirely
3434 22 within the jurisdiction of a municipal board of election
3535 23 commissioners, such petitions shall be filed with the board of
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2101 Introduced 2/6/2025, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED:
4040 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
4141 10 ILCS 5/28-6 from Ch. 46, par. 28-6
4242 10 ILCS 5/28-7 from Ch. 46, par. 28-7
4343 10 ILCS 5/28-9 from Ch. 46, par. 28-9
4444 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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7474 1 election commissioners having jurisdiction over the political
7575 2 subdivision.
7676 3 (b) In a municipality with more than 1,000,000
7777 4 inhabitants, when a question of public policy exclusively
7878 5 concerning a contiguous territory included entirely within but
7979 6 not coextensive with the municipality is initiated by
8080 7 resolution or ordinance of the corporate authorities of the
8181 8 municipality, or by a petition which may be signed by
8282 9 registered voters who reside in any part of any precinct all or
8383 10 part of which includes all or part of the territory and who
8484 11 equal in number to at least 4% 8% of the total votes cast for
8585 12 candidates for Governor in the preceding gubernatorial
8686 13 election by the voters of the precinct or precincts in the
8787 14 territory where the question is to be submitted to the voters,
8888 15 it shall be the duty of the election authority having
8989 16 jurisdiction over such municipality to submit such question to
9090 17 the electors throughout each precinct all or part of which
9191 18 includes all or part of the territory at the regular election
9292 19 specified in the resolution, ordinance or petition initiating
9393 20 the public question. A petition initiating a public question
9494 21 described in this subsection shall be filed with the election
9595 22 authority having jurisdiction over the municipality. A
9696 23 resolution, ordinance or petition initiating a public question
9797 24 described in this subsection shall specify the election at
9898 25 which the question is to be submitted.
9999 26 (c) Local questions of public policy authorized by this
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110110 1 Section and statewide questions of public policy authorized by
111111 2 Section 28-9 shall be advisory public questions, and no legal
112112 3 effects shall result from the adoption or rejection of such
113113 4 propositions.
114114 5 (d) This Section does not apply to a petition filed
115115 6 pursuant to Article IX of the Liquor Control Act of 1934.
116116 7 (Source: P.A. 97-81, eff. 7-5-11.)
117117 8 (10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
118118 9 Sec. 28-7. Except as provided in Article 24 of the
119119 10 Township Code, in any case in which Article VII or paragraph
120120 11 (a) of Section 5 of the Transition Schedule of the
121121 12 Constitution authorizes any action to be taken by or with
122122 13 respect to any unit of local government, as defined in Section
123123 14 1 of Article VII of the Constitution, by or subject to approval
124124 15 by referendum, any such public question shall be initiated in
125125 16 accordance with this Section.
126126 17 Any such public question may be initiated by the governing
127127 18 body of the unit of local government by resolution or by the
128128 19 filing with the clerk or secretary of the governmental unit of
129129 20 a petition signed by a number of qualified electors equal to or
130130 21 greater than at least 4% 8% of the total votes cast for
131131 22 candidates for Governor in the preceding gubernatorial
132132 23 election, requesting the submission of the proposal for such
133133 24 action to the voters of the governmental unit at a regular
134134 25 election.
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145145 1 If the action to be taken requires a referendum involving
146146 2 2 or more units of local government, the proposal shall be
147147 3 submitted to the voters of such governmental units by the
148148 4 election authorities with jurisdiction over the territory of
149149 5 the governmental units. Such multi-unit proposals may be
150150 6 initiated by appropriate resolutions by the respective
151151 7 governing bodies or by petitions of the voters of the several
152152 8 governmental units filed with the respective clerks or
153153 9 secretaries.
154154 10 This Section is intended to provide a method of submission
155155 11 to referendum in all cases of proposals for actions which are
156156 12 authorized by Article VII of the Constitution by or subject to
157157 13 approval by referendum and supersedes any conflicting
158158 14 statutory provisions except those contained in Division 2-5 of
159159 15 the Counties Code or Article 24 of the Township Code.
160160 16 Referenda provided for in this Section may not be held
161161 17 more than once in any 23-month period on the same proposition,
162162 18 provided that in any municipality a referendum to elect not to
163163 19 be a home rule unit may be held only once within any 47-month
164164 20 period.
165165 21 (Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)
166166 22 (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
167167 23 Sec. 28-9. Petitions for proposed amendments to Article IV
168168 24 of the Constitution pursuant to Section 3, Article XIV of the
169169 25 Constitution shall be signed by a number of electors equal in
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180180 1 number to at least 4% 8% of the total votes cast for candidates
181181 2 for Governor in the preceding gubernatorial election. Such
182182 3 petition shall have been signed by the petitioning electors
183183 4 not more than 24 months preceding the general election at
184184 5 which the proposed amendment is to be submitted and shall be
185185 6 filed with the Secretary of State at least 6 months before that
186186 7 general election.
187187 8 Upon receipt of a petition for a proposed Constitutional
188188 9 amendment, the Secretary of State shall, as soon as is
189189 10 practicable, but no later than the close of the next business
190190 11 day, deliver such petition to the State Board of Elections.
191191 12 Petitions for advisory questions of public policy to be
192192 13 submitted to the voters of the entire State shall be signed by
193193 14 a number of voters equal in number to 4% 8% of the total votes
194194 15 cast for candidates for Governor in the preceding
195195 16 gubernatorial election. Such petition shall have been signed
196196 17 by said petitioners not more than 24 months preceding the date
197197 18 of the general election at which the question is to be
198198 19 submitted and shall be filed with the State Board of Elections
199199 20 at least 6 months before that general election.
200200 21 The proponents of the proposed statewide advisory public
201201 22 question shall file the original petition in bound sections.
202202 23 Each section shall be composed of consecutively numbered
203203 24 petition sheets containing only the signatures of registered
204204 25 voters. Any petition sheets not consecutively numbered or
205205 26 which contain duplicate page numbers already used on other
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216216 1 sheets, or are photocopies or duplicates of the original
217217 2 sheets, shall not be considered part of the petition for the
218218 3 purpose of the random sampling verification and shall not be
219219 4 counted toward the minimum number of signatures required to
220220 5 qualify the proposed statewide advisory public question for
221221 6 the ballot.
222222 7 Within 7 business days following the last day for filing
223223 8 the original petition, the proponents shall also file copies
224224 9 of the petition sheets with each proper election authority and
225225 10 obtain a receipt therefor.
226226 11 For purposes of this Act, the following terms shall be
227227 12 defined and construed as follows:
228228 13 1. "Board" means the State Board of Elections.
229229 14 2. "Election Authority" means a county clerk or city or
230230 15 county board of election commissioners.
231231 16 3. (Blank).
232232 17 4. "Proponents" means any person, association, committee,
233233 18 organization or other group, or their designated
234234 19 representatives, who advocate and cause the circulation and
235235 20 filing of petitions for a statewide advisory question of
236236 21 public policy or a proposed constitutional amendment for
237237 22 submission at a general election and who has registered with
238238 23 the Board as provided in this Act.
239239 24 5. "Opponents" means any person, association, committee,
240240 25 organization or other group, or their designated
241241 26 representatives, who oppose a statewide advisory question of
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