AN ACT to provide for the creation by popular vote of anti-saloon territory within which the sale of intoxicating liquor and the licensing of such sale shall be prohibited and for the abolition by like means of territory so created.

SECTION I. Be it enacted by the People of the State of Illinois, represented in the General Assembly: The words and phrases mentioned in this section as used in this Act and in proceedings pursuant hereto shall, unless the same be inconsistent with the context, be construed as follows:

"Anti-saloon territory" shall mean all territory within the limits of any town, precinct, city or village in this State in which, through the action of the legal voters therein as provided by this Act, the sale of intoxicating liquor, except as herein provided, is prohibited.

"Town" shall include towns in counties under township organization and incorporated towns, provided that no incorporated town, city or village that has been heretofore annexed to another incorporated town, city or village under the provisions of "An Act to provide for the annexation of cities, incorporated towns and villages," approved and in force April 25, 1889, shall be entitled to hold an election under the provisions of this Act separately from the town, city or village to which the same has been annexed.

"Precinct" shall mean any "voting precinct" or "election precinct" which was a sub-division for voting in counties not under township organization at the general election held on the 6th day of November, A. D. 1906.

"Political subdivision" shall mean the phrase "town, precinct, city or village."

"District" shall mean territory in which after the same has become anti-saloon territory the limits of the political subdivision have been changed.

In the phrase, "Shall this .... become anti-saloon territory?" the proper word, whether "town," "precinct," "city," or "village," shall be understood to be inserted in the blank, and the same shall be inserted in the petitions filed by and the ballots prepared for the voters of any town, precinct, city or village.

"Said proposition" shall mean the proposition "Shall this

(town, precinct, city or village, as the case may be) become anti-saloon territory ?"

"Clerk" shall mean, with reference to towns, cities and villages, the town, city or village clerk as the case may be; with reference to precincts in counties not under township organization it shall mean the county clerk; and it shall mean the board of election commissioners of any city, village or incorporated town in this State in which there now is or hereafter may be a board of election commissioners, and in the provisions of this Act applicable to or within any such city, village or incorporated town; "legal voter" shall mean a duly registered legal

voter.

"Election" shall mean, in towns, cities and villages, an election at a time fixed by law for choosing town, city or village officers, as the case may be; in precincts in counties not under township organization it shall mean an election at a time fixed by law for choosing county officers. In cities and villages the officers of which shall be chosen for a term of four years, "election" shall also mean an election at a time fixed by law for choosing county officers. In no case shall it mean a special election to fill a vacancy.

"Intoxicating liquor” shall include all distilled, spiritous, vinous, fermented and malt liquors.

§ 2. Upon the filing in the office of the clerk at least sixty days before an election of a petition as in this Act provided, directed to such clerk, containing the signatures of legal voters of any political subdivision in number not less than one-fourth of the total vote cast in such political subdivision at the last election therein, to submit to the voters of such political subdivision the proposition "Shall this...... become anti-saloon territory?" said proposition shall be submitted at such election, as in this Act provided, to the legal voters of such political subdivision and if a majority of the legal voters voting upon said proposition shall vote "Yes" such political subdivision shall become antisaloon territory. Such petition shall be a public document and shall be subject to the inspection of the public.

§ 3. A vote under the provisions of this Act shall become operative on the thirtieth day after the day of the election at which such vote is cast.

4. A petition for submission of said proposition shall be in substantially the following form:

To the ........ (county, town, city or village) clerk of the (here insert the corporate or legal name of the county, town, city or village):

The undersigned, residents and legal voters of the.. (insert the legal name or correct designation of the political subdivision) respectfully petition that you cause to be submitted, in the manner provided by law, to the voters thereof, at the next election, the proposition "Shall this...... become anti-saloon territory?"

Name of Signer.

House
Number.

Street.

Date of Signing.

Such petition shall consist of sheets having such form printed or written at the top thereof and shall be signed by the legal voters in their own proper persons only, and opposite the signature of each legal voter shall be written his residence address (stating the street and the house number if there be such) and the date of signing the same. No signature shall be valid or be counted in considering such petition unless these requirements are complied with and unless the date of signing is less than six months preceding the date of filing the same. At the bottom of each sheet of such petition shall be added a statement, signed by a resident of the county in which the signers thereof reside, with his residence address as aforesaid, stating that the signatures on that sheet of the said petition are genuine, and that to the best of his knowledge and belief the persons so signing were at the time of signing said petition legal voters (and in cities, villages, and incorporated towns in which voters are or may be required to be registered, that they were at the time of signing said petition duly registered legal voters) of the said town, precinct, city or village, as the case may be; that their respective residences are correctly stated therein and that each signer signed the same on the date set opposite his name. Such statement shall be sworn to before some officer residing in the county where such legal voters reside, authorized to administer oaths therein. Such petition, so verified, or a copy thereof, duly certified as hereinafter provided, shall be prima facie evidence that the signatures, statement of residence and dates upon such petition are genuine and true and that the persons signing the same are legal voters of the political subdivision named. Such sheets shall be fastened together in one document, filed as a whole and when filed shall not be withdrawn or added to. No signature shall be revoked except by a revocation filed with the clerk with whom the 'petition is required to be filed and before the filing of such petition. Upon request of anyone filing such a petition and verified statement and paying or tendering to the clerk one dollar for each one hundred names, or fraction thereof, signed thereto, together with a copy thereof, the clerk shall immediately compare the original and copy and attach to

such copy and deliver to such person his official certificate that such copy is a true copy of the original, stating the day when such original was filed in his office. Whoever in making the sworn statement above prescribed shall knowingly, wilfully and corruptly swear falsely shall be deemed guilty of perjury and on conviction thereof shall be punished accordingly. Whoever forges the signature of any person upon any petition or statement provided for in this Act shall be deemed guilty of forgery and on conviction thereof shall be punished accordingly.

§ 5. The clerk with whom any petition shall be filed as provided in this Act shall cause notice to be given in the manner provided by law for giving notice of an election, of the submission of said proposition at the next election to the voters of the political subdivision named in such petition. Publication of the submission of said proposition to the voters of such political subdivision shall likewise be made in the manner provided by law for the publication of the list of nominations to be voted for at an election: Provided, that the failure of such clerk to cause such notice to be given, or the failure to make publication of the submission of said proposition as above provided, shall not affect the validity or binding force of the vote upon said proposition.

§ 6. The clerk with whom any petition shall be filed as provided by this Act shall cause said proposition to be plainly printed upon all the ballots to be used at the next election of officers in the political subdivision named in such petition and below the list of candidates named thereon, as follows:

Shall this

......

(town, precinct, city or village, Yes.

as the case may be) become anti-saloon territory?

No

At the canvass of the ballots in each polling place where said proposition is submitted, it shall be the duty of the judges of election to admit to the room at such polling place, as special watchers of such canvass, one legal voter selected by the persons managing the interests of those in favor of and one selected by the persons managing the interests of those opposed to said proposition, provided such legal voters shall be of good character and sober and shall in no wise interfere with such canvass, and said judges and the police officers and other officers of the law shall protect such watchers and see that they are not excluded and at the time of such canvass of the ballots cast upon said proposition, such watchers shall be entitled to a position where they can plainly see and read each ballot and it shall be the duty of such judges to protect them in such position. Wherever any other method of taking and recording votes at elections than by means of printed ballots is provided by law. the procedure for taking and recording the votes upon said proposition may conform to the method so provided.

87. The clerk shall record in a well bound book, to be kept in his office by himself and his successors, the result of the vote upon said

proposition and such result may be proved in all courts and in all proceedings by such record or by the official certificate of the clerk, and in cases where such a record or certificate shows that a majority of the legal voters voting upon said proposition voted "Yes" the same shall be prima facie evidence that the political subdivision to which such vote was applicable has become anti-saloon territory.

§ 8. All the territory within any political subdivision which has become anti-saloon territory shall continue to be anti-saloon territory throughout its entire extent, notwithstanding any change which may be made in the limits of any such political subdivision, until the legal voters thereof have voted, according to the provisions of this Act, to discontinue such anti-saloon territory and the following section shall be construed in harmony herewith. In all anti-saloon territory, during the time that it continues to be anti-saloon territory, the operation of all ordinances providing for the restriction, regulation or prohibition of the sale of intoxicating liquor or for the issuing of dram shop licenses within any portion or the whole of such territory, so far as inconsistent with its status as anti-saloon territory, shall be suspended.

§ 9. Upon the filing in the office of the clerk, at least sixty days before an election in any political subdivision, of a petition directed to such clerk, containing the signatures of legal voters of an anti-saloon territory or district, in number not less than one-fourth of the total vote cast therein at the last election, to submit to the voters thereof the proposition "Shall this ..... (political subdivision or district) continue to be anti-saloon territory?" (provided such petition corresponds in all other respects with the petition in this Act before described) such proposition shall be submitted at such election to the voters of such political subdivision or district, and the provisions of sections one (1), four (4), five (5). six (6) and seven (7) of this Act shall apply in all respects, so far as applicable, to the proposition "Shall this (political subdivision or district) continue to be anti-saloon territory?" to the submission of such proposition to such voters, to the petition therefor, to the recording of the vote thereon and to the proof and evidence of the petition and vote, except that in a district such proposition shall be submitted by separate ballot. If a majority of the legal voters voting upon such last mentioned proposition in any such political subdivision or district vote "No," such political subdivision or district shall cease to be anti-saloon territory, and all ordinances providing for the restriction, regulation or prohibition of the sale of intoxicating liquor or for the issuing of dram shop licenses, the operation of which was in any wise suspended within such political subdivision or district by virtue of the vote therein to become anti-saloon territory, and with all additions and amendments which in the meantime may have been made thereto, shall, if not in the meantime repealed, become and be in force within said political subdivision or district to the same extent, only, however, as the same would then be in force had such political subdivision or district never become anti-saloon territory. The petition mentioned in this section shall be a public document and shall be subject to the inspection of the public.