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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||||||||||||||||||||||
5 | Sections 10-8 and 10-10 as follows:
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6 | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
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7 | Sec. 10-8. Certificates of nomination and nomination | ||||||||||||||||||||||||||
8 | papers, and
petitions to submit public questions to a | ||||||||||||||||||||||||||
9 | referendum, being filed as
required by this Code, and being in | ||||||||||||||||||||||||||
10 | apparent conformity with the
provisions of this Act, shall be | ||||||||||||||||||||||||||
11 | deemed to be valid unless objection
thereto is duly made in | ||||||||||||||||||||||||||
12 | writing within 5 business days after the last day for
filing | ||||||||||||||||||||||||||
13 | the certificate of nomination or nomination papers or petition
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14 | for a public question, with the following exceptions:
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15 | A. In the case of petitions to amend Article IV of the
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16 | Constitution of the State of Illinois, there shall be a | ||||||||||||||||||||||||||
17 | period of 35
business days after the last day for the | ||||||||||||||||||||||||||
18 | filing of such
petitions in which objections can be filed.
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19 | B. In the case of petitions for advisory questions of | ||||||||||||||||||||||||||
20 | public policy to be
submitted to the voters of the entire | ||||||||||||||||||||||||||
21 | State, there shall be a period of
35 business days after | ||||||||||||||||||||||||||
22 | the last day for the filing of such
petitions in which | ||||||||||||||||||||||||||
23 | objections can be filed.
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24 | Any legal voter of the political subdivision or district in | ||||||||||||||||||||||||||
25 | which the
candidate or public question is to be voted on, or | ||||||||||||||||||||||||||
26 | any legal voter in
the State in the case of a proposed | ||||||||||||||||||||||||||
27 | amendment to Article IV of the
Constitution or an advisory | ||||||||||||||||||||||||||
28 | public question to be submitted to the
voters of the entire | ||||||||||||||||||||||||||
29 | State, having objections to any certificate of nomination
or | ||||||||||||||||||||||||||
30 | nomination papers or petitions filed, shall file an objector's | ||||||||||||||||||||||||||
31 | petition
together with a copy thereof in the principal office | ||||||||||||||||||||||||||
32 | or the permanent branch
office of the State Board of Elections, |
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1 | or in the office of the election
authority or local election | ||||||
2 | official with whom the certificate of
nomination, nomination | ||||||
3 | papers or petitions are on file.
In the case of nomination | ||||||
4 | papers or certificates of nomination,
the State Board of | ||||||
5 | Elections, election authority or local election official
shall | ||||||
6 | note the day and hour upon which such objector's
petition is | ||||||
7 | filed, and shall, not later than 12:00
noon on the second | ||||||
8 | business day after receipt of the
petition, transmit by | ||||||
9 | registered mail , facsimile machine, or receipted
personal | ||||||
10 | delivery the certificate of nomination or nomination papers and
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11 | the original objector's petition to the chairman of the proper | ||||||
12 | electoral
board designated in Section 10-9 hereof, or his | ||||||
13 | authorized agent, and
shall transmit a copy by registered mail , | ||||||
14 | facsimile machine, or receipted personal delivery
of the | ||||||
15 | objector's petition, to the candidate whose certificate of | ||||||
16 | nomination
or nomination papers are objected to, addressed to | ||||||
17 | the place of residence
designated in said certificate of | ||||||
18 | nomination or nomination papers. In the
case of objections to a | ||||||
19 | petition for a proposed amendment to Article IV of
the | ||||||
20 | Constitution or for an advisory public question to be submitted | ||||||
21 | to the
voters of the entire State, the State Board of Elections | ||||||
22 | shall note the day
and hour upon which such objector's petition | ||||||
23 | is filed and shall transmit a
copy of the objector's petition | ||||||
24 | by registered mail , facsimile machine, or receipted personal
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25 | delivery to the person designated on a certificate attached to | ||||||
26 | the petition
as the principal proponent of such proposed | ||||||
27 | amendment or public question,
or as the proponents' attorney, | ||||||
28 | for the purpose of receiving notice of
objections. In the case | ||||||
29 | of objections to a petition for a public question,
to be | ||||||
30 | submitted to the voters of a political subdivision, or district
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31 | thereof, the election authority or local election official with | ||||||
32 | whom such
petition is filed shall note the day and hour upon | ||||||
33 | which such
objector's petition was filed, and shall, not later | ||||||
34 | than 12:00 noon on the
second business day after receipt of the | ||||||
35 | petition,
transmit by registered mail , facsimile machine, or | ||||||
36 | receipted personal delivery
the petition for the public |
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1 | question and the original objector's petition
to the chairman | ||||||
2 | of the proper electoral board designated in Section 10-9
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3 | hereof, or his authorized agent, and shall transmit a copy by
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4 | registered mail , facsimile machine, or receipted personal | ||||||
5 | delivery, of the objector's petition
to the person designated | ||||||
6 | on a certificate attached to the petition as the
principal | ||||||
7 | proponent of the public question, or as the proponent's | ||||||
8 | attorney,
for the purposes of receiving notice of objections.
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9 | The objector's petition shall give the objector's name and | ||||||
10 | residence
address, and shall state fully the nature of the | ||||||
11 | objections to the
certificate of nomination or nomination | ||||||
12 | papers or petitions in question,
and shall state the interest | ||||||
13 | of the objector and shall state what relief
is requested of the | ||||||
14 | electoral board.
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15 | The provisions of this Section and of Sections 10-9, 10-10 | ||||||
16 | and
10-10.1 shall also apply to and govern objections to | ||||||
17 | petitions for
nomination filed under Article 7 or Article 8, | ||||||
18 | except as otherwise
provided in Section 7-13 for cases to which | ||||||
19 | it is applicable, and also
apply to and govern petitions for | ||||||
20 | the submission of public questions under
Article 28.
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21 | (Source: P.A. 86-1348.)
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22 | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
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23 | Sec. 10-10. Within 24 hours after the receipt of the | ||||||
24 | certificate of
nomination or nomination papers or proposed | ||||||
25 | question of public
policy, as the case may be, and the | ||||||
26 | objector's petition, the chairman
of the electoral board other | ||||||
27 | than the State Board of Elections shall
send a call by | ||||||
28 | registered or certified mail or transmit a call by facsimile | ||||||
29 | machine to each of the members of the
electoral board, and to | ||||||
30 | the objector who filed the objector's petition, and
either to | ||||||
31 | the candidate whose certificate of nomination or nomination
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32 | papers are objected to or to the principal proponent or | ||||||
33 | attorney for
proponents of a question of public policy, as the | ||||||
34 | case may be, whose
petitions are objected to, and shall also | ||||||
35 | cause the sheriff of the county
or counties in which such |
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1 | officers and persons reside to serve a copy of
such call upon | ||||||
2 | each of such officers and persons, which call shall set out
the | ||||||
3 | fact that the electoral board is required to meet to hear and | ||||||
4 | pass upon
the objections to nominations made for the office, | ||||||
5 | designating it, and
shall state the day, hour and place at | ||||||
6 | which the electoral board shall meet
for the purpose, which | ||||||
7 | place shall be in the
county court house in the county in the | ||||||
8 | case of the County Officers
Electoral Board, the Municipal | ||||||
9 | Officers Electoral Board, the Township
Officers Electoral | ||||||
10 | Board or the Education Officers Electoral Board.
The Township | ||||||
11 | Officers Electoral Board may meet in the township offices, if
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12 | they are available, rather than the county courthouse.
In
those | ||||||
13 | cases where the State Board of Elections is the electoral board
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14 | designated under Section 10-9, the chairman of the State Board | ||||||
15 | of Elections
shall, within 24 hours after the receipt of the | ||||||
16 | certificate of nomination
or nomination papers or petitions for | ||||||
17 | a proposed amendment to Article IV of
the Constitution or | ||||||
18 | proposed statewide question of public policy, send a
call by | ||||||
19 | registered or certified mail to the objector who files the
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20 | objector's petition, and either to the candidate whose | ||||||
21 | certificate of
nomination or nomination papers are objected to | ||||||
22 | or to the principal
proponent or attorney for proponents of the | ||||||
23 | proposed Constitutional
amendment or statewide question of | ||||||
24 | public policy and shall state the day,
hour and place at which | ||||||
25 | the electoral board shall meet for the purpose,
which place may | ||||||
26 | be in the Capitol Building or in the principal or permanent
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27 | branch office of the State Board. The day of the meeting shall | ||||||
28 | not be less
than 3 nor more than 5 days after the receipt of the | ||||||
29 | certificate of
nomination or nomination papers and the | ||||||
30 | objector's petition by the chairman
of the electoral board.
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31 | The electoral board shall have the power to administer | ||||||
32 | oaths and to
subpoena and examine witnesses and at the request | ||||||
33 | of either party the
chairman may issue subpoenas requiring the | ||||||
34 | attendance of witnesses and
subpoenas duces tecum requiring the | ||||||
35 | production of such books, papers,
records and documents as may | ||||||
36 | be evidence of any matter under inquiry
before the electoral |
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1 | board, in the same manner as witnesses are
subpoenaed in the | ||||||
2 | Circuit Court.
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3 | Service of such subpoenas shall be made by any sheriff or | ||||||
4 | other
person in the same manner as in cases in such court and | ||||||
5 | the fees of such
sheriff shall be the same as is provided by | ||||||
6 | law, and shall be paid by
the objector or candidate who causes | ||||||
7 | the issuance of the subpoena. In
case any person so served | ||||||
8 | shall knowingly neglect or refuse to obey any
such subpoena, or | ||||||
9 | to testify, the electoral board shall at once file a
petition | ||||||
10 | in the circuit court of the county in which such hearing is to
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11 | be heard, or has been attempted to be heard, setting forth the | ||||||
12 | facts, of
such knowing refusal or neglect, and accompanying the | ||||||
13 | petition with a
copy of the citation and the answer, if one has | ||||||
14 | been filed, together
with a copy of the subpoena and the return | ||||||
15 | of service thereon, and shall
apply for an order of court | ||||||
16 | requiring such person to attend and testify,
and forthwith | ||||||
17 | produce books and papers, before the electoral board. Any
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18 | circuit court of the state, excluding the judge who is sitting | ||||||
19 | on the electoral
board, upon such showing shall order such | ||||||
20 | person to appear and testify,
and to forthwith produce such | ||||||
21 | books and papers, before the electoral board
at a place to be | ||||||
22 | fixed by the court. If such person shall knowingly fail
or | ||||||
23 | refuse to obey such order of the court without lawful excuse, | ||||||
24 | the court
shall punish him or her by fine and imprisonment, as | ||||||
25 | the nature of the case
may require and may be lawful in cases | ||||||
26 | of contempt of court.
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27 | The electoral board on the first day of its meeting shall | ||||||
28 | adopt rules
of procedure for the introduction of evidence and | ||||||
29 | the presentation of
arguments and may, in its discretion, | ||||||
30 | provide for the filing of briefs
by the parties to the | ||||||
31 | objection or by other interested persons.
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32 | In the event of a State Electoral Board hearing on | ||||||
33 | objections to a
petition for an amendment to Article IV of the | ||||||
34 | Constitution
pursuant to Section 3 of Article XIV of the | ||||||
35 | Constitution, or to a
petition for a question of public policy | ||||||
36 | to be submitted to the
voters of the entire State, the |
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1 | certificates of the county clerks and boards
of election | ||||||
2 | commissioners showing the results of the random sample of
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3 | signatures on the petition shall be prima facie valid and | ||||||
4 | accurate, and
shall be presumed to establish the number of | ||||||
5 | valid and invalid
signatures on the petition sheets reviewed in | ||||||
6 | the random sample, as prescribed
in Section 28-11 and 28-12 of | ||||||
7 | this Code. Either party, however, may introduce
evidence at | ||||||
8 | such hearing to dispute the findings as to particular | ||||||
9 | signatures.
In addition to the foregoing, in the absence of | ||||||
10 | competent evidence presented
at such hearing by a party | ||||||
11 | substantially challenging the results of a random
sample, or | ||||||
12 | showing a different result obtained by an additional sample,
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13 | this certificate of a county clerk or board of election | ||||||
14 | commissioners shall
be presumed to establish the ratio of valid | ||||||
15 | to invalid signatures within
the particular election | ||||||
16 | jurisdiction.
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17 | The electoral board shall take up the question as to | ||||||
18 | whether or not
the certificate of nomination or nomination | ||||||
19 | papers or petitions are in
proper form, and whether or not they | ||||||
20 | were filed within the time and
under the conditions required by | ||||||
21 | law, and whether or not they are the
genuine certificate of | ||||||
22 | nomination or nomination papers or petitions
which they purport | ||||||
23 | to be, and whether or not in the case of the
certificate of | ||||||
24 | nomination in question it represents accurately the
decision of | ||||||
25 | the caucus or convention issuing it, and in general shall
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26 | decide whether or not the certificate of nomination or | ||||||
27 | nominating papers
or petitions on file are valid or whether the | ||||||
28 | objections thereto should
be sustained and the decision of a | ||||||
29 | majority of the electoral board shall
be final subject to | ||||||
30 | judicial review as provided in Section 10-10.1. The
electoral | ||||||
31 | board must state its findings in writing and must state in
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32 | writing which objections, if any, it has sustained.
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33 | Upon the expiration of the period within which a proceeding | ||||||
34 | for
judicial review must be commenced under Section 10--10.1, | ||||||
35 | the electoral
board shall, unless a proceeding for judicial | ||||||
36 | review has been commenced
within such period, transmit, by |
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1 | registered or certified mail, a
certified copy of its ruling, | ||||||
2 | together with the original certificate of
nomination or | ||||||
3 | nomination papers or petitions and the original objector's
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4 | petition, to the officer or board with whom the certificate of
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5 | nomination or nomination papers or petitions, as objected to, | ||||||
6 | were on
file, and such officer or board shall abide by and | ||||||
7 | comply with the
ruling so made to all intents and purposes.
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8 | (Source: P.A. 91-285, eff. 1-1-00.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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