70 ILCS 605/3-26
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 605/ - Illinois Drainage Code.|Article III - Organization Of Drainage Districts

 (from Ch. 42, par. 3-26)Sec. 3-26.     Alternate method of organization - Referendum.     As an  alternate to the method of organizing a drainage district  hereinbefore provided in this Article, proceedings for the organization of  a district may also be instituted upon a petition signed by at least  one-tenth of the adult owners who own at least one-fifth of the land in the  proposed district. The petition shall be filed in the circuit court of the  county in which the greater part of the land in the proposed district shall  lie. The petition shall contain all of the information required by Section  3-3 and shall request that the question of organizing the district be  submitted to referendum as provided in this section. Upon its filing, the  petition shall be presented to the court, which shall fix the date and hour  for hearing. The clerk of the court shall give notice of the hearing  substantially in the form and manner and for the length of time provided in  Sections 3-5 and 3-6.At the hearing, the court shall determine whether the petition is in  proper form, contains the required information and is signed by at least  one-tenth of the adult owners who own at least one-fifth of the land in the  proposed district. The affidavit of one or more credible persons may be  taken as prima facie evidence of the sufficiency of the signing of the  petition. If the petition is not adequate or is not properly signed, the  court shall dismiss the petition at the petitioner's costs. If the petition  is adequate and is properly signed, the court shall order the question of  organizing the district submitted to the adult owners of the land in the  proposed district at a special election to be held therein.The court shall fix the day upon which the election shall be held, which  day shall be not less than 30 nor more than 60 days from the day the order  is entered. The court at the time of calling the election shall designate  the polling place in the proposed district, shall notify the appointing  authority, as described in Section 3-9, to appoint 3 judges of the  election and shall designate the hours at which the polling place will open  and close. Upon calling the election, the court shall continue the cause to  a day certain, which day shall be not less than 7 nor more than 14 days  following the day fixed for the election.The clerk of the court shall give notice of the election in the manner  and for the length of time provided in Section 3-6 in the case of hearing  on a petition, except that if notice is given by publication, no notice by  mailing shall be required. The notice shall specify the purpose of the  election with a description of the proposed district and the time and place  of holding the election. The ballots for the election shall be in  substantially the following form:    --------------------------------------------------------------Shall the proposed (Name of         Yesproposed district) be organized    ---------------------------as a drainage district?                 No--------------------------------------------------------------    The reverse side of the ballot shall show the official nature of the ballot  by the certificate of the clerk, and it shall be the duty of the clerk to  cause the ballots to be prepared. The ballots and the results shall be  returned to the clerk of the court within 48 hours after the election and  he shall report the results of the election to the court. The expense of  printing ballots and holding the election shall be taxed as costs in the  pending proceedings.If a majority of the owners voting on the question do not favor the  organization of the proposed district, the court shall dismiss the petition  at the petitioners' costs. If the majority of the owners so voting favor  the organization of the proposed district, the court shall find for the  petitioners and proceedings shall thereafter be had in the manner provided  by Sections 3-9 through 3-23, inclusive, except that after the court has  called the election, no change may be made in the boundaries of the  proposed district from those set forth in the petition.    (Source: P.A. 86-297.)