§ 2A-1.4 — Emergency Referenda - Petition - Approval

Illinois § 2A-1.4

• Jurisdiction: Illinois
• Topic: GOVERNMENT
• Ch. 10: ELECTIONS
• Act 10 ILCS 5/: Election Code.
• Art.: Article 2A - Time Of Holding Elections

Text

Whenever any public question is to be submitted pursuant to law, whether by action of the governing body of a unit of local government or school district, by petition, or by court order, the governing body of the unit of local government or school district whose powers or duties are directly affected by the result of the vote on the public question may petition the circuit court for an order declaring such proposition to be an emergency and fixing a date other than a regularly scheduled election date under Section 2A-1.1 on which a special referendum election shall be held for the submission of the public question. The petition shall set forth the public question and the action taken which requires the submission of the question, the next regularly scheduled election under Section 2A-1.1 at which the proposition could otherwise be placed on the ballot, the estimated costs of conducting a separate special election, and the reasons why an emergency exists to justify such special election prior to the next ensuing regular election. The petition must be approved by a majority of the members, elected or appointed, of the governing body. The court shall conduct a hearing on the petition. Any resident of the area in which the referendum is to be conducted may oppose the petition. The court may approve the petition for an emergency referendum only upon a finding, supported by the evidence, that the referendum is necessitated by an imminent need for approval of additional authority in order to maintain the operations or facilities of the unit of government or school district and that such need is due to circumstances beyond the control of the governing body.

Legislative History

(Source: P.A. 80-2dSS-6.)