093_SB0047

 
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 1        AN ACT concerning elections.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Election  Code  is  amended by changing
 5    Sections 10-9 and 10-10 as follows:

 6        (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
 7        Sec. 10-9.  The following electoral boards are designated
 8    for the purpose of hearing and passing  upon  the  objector's
 9    petition described in Section 10-8.
10        1.  The  State Board of Elections will hear and pass upon
11    objections  to  the  nominations  of  candidates  for   State
12    offices,   nominations   of   candidates  for  congressional,
13    legislative and judicial offices  of  districts  or  circuits
14    situated  in  more than one county, nominations of candidates
15    for   the   offices   of   State's   attorney   or   regional
16    superintendent of schools to be elected from  more  than  one
17    county,   and   petitions  for  proposed  amendments  to  the
18    Constitution of the State of  Illinois  as  provided  for  in
19    Section 3 of Article XIV of the Constitution.
20        2.  The  county officers electoral board to hear and pass
21    upon objections to the nominations of candidates for  county,
22    municipal,   and   township   offices,   for   congressional,
23    legislative  and  judicial  offices  of a district or circuit
24    coterminous with or  less  than  a  county,  for  school  and
25    community  college  district offices trustees to be voted for
26    by the electors of  the  county  or  by  the  electors  of  a
27    township  of  the  county,  for  the office of multi-township
28    assessor where candidates for such office  are  nominated  in
29    accordance  with  this  Code,  and  for  all special district
30    offices, shall  be  composed  of  the  county  clerk,  or  an
31    assistant   designated  by  the  county  clerk,  the  State's
 
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 1    attorney of the  county  or  an  Assistant  State's  Attorney
 2    designated  by  the  State's  Attorney,  and the clerk of the
 3    circuit court, or an assistant designated by the clerk of the
 4    circuit court, of the county, of whom the county clerk or his
 5    designee  shall be the chairman, except that  in  any  county
 6    which   has   established   a   county   board   of  election
 7    commissioners that board shall constitute the county officers
 8    electoral board ex-officio.
 9        3.  (Blank).  The municipal officers electoral  board  to
10    hear   and   pass  upon  objections  to  the  nominations  of
11    candidates for officers of municipalities shall  be  composed
12    of  the  mayor  or  president of the board of trustees of the
13    city, village or incorporated town, and the city, village  or
14    incorporated  town  clerk, and one member of the city council
15    or board of trustees, that member  being  designated  who  is
16    eligible  to  serve on the electoral board and has served the
17    greatest number of years as a member of the city  council  or
18    board  of  trustees,  of  whom  the mayor or president of the
19    board of trustees shall be the chairman.
20        4.  (Blank).  The township officers  electoral  board  to
21    pass  upon objections to the nominations of township officers
22    shall be composed of the township supervisor, the town clerk,
23    and that eligible town trustee elected in  the  township  who
24    has  had  the  longest  term  of  continuous  service as town
25    trustee,  of  whom  the  township  supervisor  shall  be  the
26    chairman.
27        5.  (Blank).  The education officers electoral  board  to
28    hear   and   pass  upon  objections  to  the  nominations  of
29    candidates  for  offices  in  school  or  community   college
30    districts  shall  be composed of the presiding officer of the
31    school or community college district board, who shall be  the
32    chairman,  the  secretary  of the school or community college
33    district board and the eligible elected school  or  community
34    college  board  member who has the longest term of continuous
 
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 1    service as a board member.
 2        6.  In all cases, however,  where  the  Congressional  or
 3    Legislative  district  is wholly within the jurisdiction of a
 4    board of election commissioners and in all  cases  where  the
 5    school  district  or  special  district  is wholly within the
 6    jurisdiction of a municipal board of  election  commissioners
 7    and in all cases where the municipality or township is wholly
 8    or  partially within the jurisdiction of a municipal board of
 9    election commissioners, the board of  election  commissioners
10    shall ex-officio constitute the electoral board.
11        For  special  districts situated in more than one county,
12    the county officers electoral board of the  county  in  which
13    the   principal   office  of  the  district  is  located  has
14    jurisdiction to hear and pass upon objections.  For  purposes
15    of  this  Section,  "special  districts"  means all political
16    subdivisions other than counties,  municipalities,  townships
17    and school and community college districts.
18        In  the  event  that  any  member  of the county officers
19    electoral appropriate board is a  candidate  for  the  office
20    with  relation  to which the objector's petition is filed, he
21    or she shall not be eligible to serve on that board and shall
22    not act as a member of the board and his or her  place  shall
23    be  filled  by  the  county  treasurer,  and  if he or she is
24    ineligible to  serve,  by  the  sheriff  of  the  county.  as
25    follows:
26             a.  In  the  county  officers electoral board by the
27        county treasurer, and if  he  or  she  is  ineligible  to
28        serve, by the sheriff of the county.
29             b.  In the municipal officers electoral board by the
30        eligible elected city council or board of trustees member
31        who  has  served the second greatest number of years as a
32        city council or board of trustees member.
33             c.  In the township officers electoral board by  the
34        eligible  elected  town  trustee  who  has had the second
 
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 1        longest term of continuous service as a town trustee.
 2             d.  In the education officers electoral board by the
 3        eligible elected school  or  community  college  district
 4        board  member  who  has  had  the  second longest term of
 5        continuous service as a board member.
 6        In the event that the chairman of the electoral board  is
 7    ineligible  to act because of the fact that he is a candidate
 8    for the office with relation to which the objector's petition
 9    is filed, then the substitute chosen under the provisions  of
10    this Section shall be the chairman; In this case, the officer
11    or  board  with  whom the objector's petition is filed, shall
12    transmit the certificate of nomination or  nomination  papers
13    as  the  case  may  be,  and  the  objector's petition to the
14    substitute chairman of the electoral board.
15        When 2 or more eligible individuals, by reason  of  their
16    terms  of  service  on  a  city council or board of trustees,
17    township board of trustees, or school  or  community  college
18    district  board,  qualify to serve on an electoral board, the
19    one to serve shall be chosen by lot.
20        Any vacancies on the county officers an  electoral  board
21    not otherwise filled pursuant to this Section shall be filled
22    by public members appointed by the Chief Judge of the Circuit
23    Court  for  the county wherein the electoral board hearing is
24    being held upon notification  to  the  Chief  Judge  of  such
25    vacancies.  The  Chief Judge shall be so notified by a member
26    of the electoral board or the officer or board with whom  the
27    objector's petition was filed.  In the event that none of the
28    individuals  designated  by  this  Section  to  serve  on the
29    electoral  board  are  eligible,  the  chairman  of  the   an
30    electoral board shall be designated by the Chief Judge.
31    (Source: P.A. 87-570.)

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