[Peace] Re: [Peace-discuss] Legislature is suppressing advisory referenda

C. G. Estabrook galliher at uiuc.edu
Sat Apr 12 22:32:17 CDT 2008


Tom--

I think you're wrong about this, but I agree that we should make sure that we 
have the correct interpretation of this legislation.

It seems clear that the legislation will make it impossible -- not easier -- for 
us to do what we've been doing, in form or content.

Even on advance written request, no item may be added to the agenda without the 
agreement of the township board -- and even then "only objects relevant to 
powers granted to electors may be set forth" (as the bill repeats obsessively): 
electors do not determine relevance.

The following is from the text of the bill as passed by the House:

	....(b) Agenda. Not less than 10 days before the annual
	meeting, the township board shall adopt an agenda for the
	annual meeting. Any 15 or more registered voters in the
	township may request an agenda item for consideration by the
	electors at the annual meeting by giving written notice of a
	specific request to the township clerk no later than March 1
	prior to the annual meeting. The agenda published by the
	township board shall include any such request made by voters if
	the request is relevant to powers granted to electors under the
	Township Code.
	    (c) Additional agenda items. Any matter or proposal not set
	forth in the published agenda shall not be considered at the
	annual meeting other than advising that the matter may be
	considered at a special meeting of the electors at a later
	date...

	    Sec. 35-5. Special township meeting. Special township
	meetings shall be held when the township board (or at least 15
	voters of the township) file in the office of the township
	clerk a written statement that a special meeting is necessary
	for the interests of the township. The statement also shall set
	forth the objects of the meeting, which must be relevant to
	powers granted to electors under this Code...

	    Sec. 35-10. Notice of special meeting; business at meeting.
	    (a) Notice of a special township meeting shall be given in
	the same manner and for the same length of time as for regular
	township meetings.
	    (b) The notice shall set forth the object of the meeting as
	contained in the statement filed with the township clerk, which
	must be relevant to powers granted to electors under this Code.
	No business shall be done at a special meeting except the
	business that is embraced in the statement and notice...


Tom Abram wrote:
> I was very outraged when I first read about this legislation.  After 
> contacting Frerichs about this and several other anti-democracy measures 
> (the return of straight-ticket voting and the effective elimination of 
> slating, which would hurt the Greens and help incumbents), I re-examined 
> it and came to a different conclusion.  As I now read it, it would take 
> 15 signatures to get an agenda item added, and they would be required to 
> place that item on the agenda.  I believe adding referendum measures is 
> part of the powers granted to the electors, regardless of their 
> "relevance".  If this is the correct interpretation and it was in place 
> last week, it may have been easier to at least place our proposals on 
> the agenda.  We should make sure that we have the correct interpretation 
> of this legislation.
> 
> Tom Abram
> 
> On Sat, Apr 12, 2008 at 9:46 PM, C. G. Estabrook <galliher at uiuc.edu 
> <mailto:galliher at uiuc.edu>> wrote:
> 
>     Apparently our use of the township advisory referenda has attracted
>     the attention of the Illinois General Assembly, and they have
>     decided that this embarrassing expression of popular opinion has to
>     be put down.
> 
>     The bill described below has been passed by the House (our local
>     representatives voting in favor) and sent to the Senate, where it
>     has been referred to the Rules committee. Its purpose is to make
>     advisory referenda on national issues impossible.
> 
>     Note inter alia that the "procedure for voters to add an agenda
>     item" is by written petition, well before the annual meeting: we
>     could not add referenda to the agenda as we have.  Moreover, "only
>     objects relevant to powers granted to electors may be set forth"  --
>     i.e, nothing on the war, impeachment, torture, etc.
> 
>     I suggest we publicize widely this disgusting bit of anti-democratic
>     chicanery.  Among other things, we need to get in touch with state
>     senators and advise groups like AWARE around the state to do the
>     same thing. (And a little excoriation of state reps might be in
>     order, altho' it's after the fact; at least we have another reason
>     to vote against them when they come up for re-election.) --CGE
> 
>     ===========
> 
>      Bill Status of HB5505  95th General Assembly
>      Short Description:  TWP CD-AGENDA/MEETINGS
> 
>     Synopsis As Introduced
>     Amends the Township Code. Requires the township board to adopt an
>     annual meeting agenda at least 10 days before the meeting. Provides
>     a procedure for voters to add an agenda item. Items not on the
>     agenda must be considered at a special meeting. In the statement of
>     a special meeting, only objects relevant to powers granted to
>     electors may be set forth. Limits special meetings to the business
>     embraced in the statement and notice. Sets quorum requirements for
>     special meetings. Makes other changes. Effective immediately.
> 
>            Links to full text, etc., at
>     http://www.ilga.gov/legislation/BillStatus.asp?DocNum=5505&GAID=9&DocTypeID=HB&LegId=36820&SessionID=51&GA=95
>     <http://www.ilga.gov/legislation/BillStatus.asp?DocNum=5505&GAID=9&DocTypeID=HB&LegId=36820&SessionID=51&GA=95>
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