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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, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing
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5 | Sections 10-9 and 10-10 as follows:
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6 | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
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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.
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10 | 1. The State Board of Elections will hear and pass upon | |||||||||||||||||||||
11 | objections
to the nominations of candidates for State offices,
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12 | nominations of candidates for congressional, legislative and | |||||||||||||||||||||
13 | judicial
offices of districts or circuits situated in more than | |||||||||||||||||||||
14 | one county, nominations
of candidates for the offices of | |||||||||||||||||||||
15 | State's attorney or regional superintendent
of schools to be | |||||||||||||||||||||
16 | elected from more than one county, and petitions for
proposed | |||||||||||||||||||||
17 | amendments to the Constitution of the State of Illinois as
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18 | provided for in Section 3 of Article XIV of the Constitution.
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19 | 2. The county officers electoral board to hear and pass | |||||||||||||||||||||
20 | upon
objections to the nominations of candidates for county , | |||||||||||||||||||||
21 | municipal, and
township offices,
for congressional, | |||||||||||||||||||||
22 | legislative and judicial offices of a district or
circuit | |||||||||||||||||||||
23 | coterminous with or less than a county, for school and | |||||||||||||||||||||
24 | community
college district offices
trustees to be
voted for by | |||||||||||||||||||||
25 | the electors of the county or by the electors of a township of
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26 | the county , for the office of multi-township assessor where | |||||||||||||||||||||
27 | candidates for
such office are nominated in accordance with | |||||||||||||||||||||
28 | this Code, and for all special
district offices, shall be | |||||||||||||||||||||
29 | composed of the county clerk, or an assistant
designated by the | |||||||||||||||||||||
30 | county clerk, the State's attorney of the county or
an | |||||||||||||||||||||
31 | Assistant State's Attorney designated by the State's Attorney, | |||||||||||||||||||||
32 | and the
clerk of the circuit court, or an assistant designated |
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1 | by the clerk of
the circuit court, of the county, of whom the | ||||||
2 | county clerk or his designee
shall be the chairman, except that | ||||||
3 | in any county which has established a
county board of election | ||||||
4 | commissioners that board
shall constitute the county officers | ||||||
5 | electoral board ex-officio.
If a
municipality, school | ||||||
6 | district, or community college district is located in 2 or
more | ||||||
7 | counties, the county officers electoral
board of the county in | ||||||
8 | which the principal offices of the municipality, school
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9 | district, or community college district is located shall hear | ||||||
10 | and pass upon
objections to nominations of candidates for the | ||||||
11 | municipal offices, school
district offices, or community | ||||||
12 | college district offices.
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13 | 3. (Blank).
The municipal officers electoral board to hear | ||||||
14 | and pass
upon
objections to the nominations of candidates for | ||||||
15 | officers of
municipalities shall be composed of the mayor or | ||||||
16 | president of the board
of trustees of the city, village or | ||||||
17 | incorporated town, and the city,
village or incorporated town | ||||||
18 | clerk, and one member of the city council
or board of trustees, | ||||||
19 | that member being designated who is eligible to
serve on the | ||||||
20 | electoral board and has served the
greatest number of years as | ||||||
21 | a member of the city council or board of
trustees, of whom the | ||||||
22 | mayor or president of the board of trustees shall
be the | ||||||
23 | chairman.
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24 | 4. (Blank).
The township officers electoral board to pass | ||||||
25 | upon
objections to
the nominations of township officers shall | ||||||
26 | be composed of the township
supervisor, the town clerk, and | ||||||
27 | that eligible town trustee elected in the
township who has had | ||||||
28 | the longest term of continuous service as town
trustee, of whom | ||||||
29 | the township supervisor shall be the chairman.
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30 | 5. (Blank).
The education officers electoral board to hear | ||||||
31 | and pass
upon
objections to the nominations of candidates for | ||||||
32 | offices in school or
community college districts shall be | ||||||
33 | composed of the presiding officer of
the school or community | ||||||
34 | college district board, who shall be the chairman,
the | ||||||
35 | secretary of the school or community college district board and | ||||||
36 | the
eligible elected school or community college board member |
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1 | who has the
longest term of continuous service as a board | ||||||
2 | member.
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3 | 6. In all cases, however, where the Congressional or | ||||||
4 | Legislative
district is wholly within the jurisdiction of a | ||||||
5 | board of election
commissioners and in all cases where the | ||||||
6 | school district or special
district is wholly within the | ||||||
7 | jurisdiction of a municipal board of
election commissioners and | ||||||
8 | in all cases where the municipality or
township is wholly or | ||||||
9 | partially within the jurisdiction of a municipal
board of | ||||||
10 | election commissioners, the board of election commissioners
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11 | shall ex-officio constitute the electoral board.
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12 | For special districts situated in more than one county, the | ||||||
13 | county officers
electoral board of the county in which the | ||||||
14 | principal office of the district
is located has jurisdiction to | ||||||
15 | hear and pass upon objections. For purposes
of this Section, | ||||||
16 | "special districts" means all political subdivisions other
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17 | than counties, municipalities, townships and school and | ||||||
18 | community college
districts .
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19 | In the event that any member of the county officers | ||||||
20 | electoral
appropriate board is a candidate
for the office with | ||||||
21 | relation to which the objector's petition is filed,
he or she | ||||||
22 | shall not be eligible to serve on that board and shall not act | ||||||
23 | as
a member of the board and his or her place shall be filled by | ||||||
24 | the county
treasurer, and if he or she is ineligible to serve, | ||||||
25 | by the sheriff of the
county.
as follows:
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26 | a. In the county officers electoral board by the county
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27 | treasurer, and if he or she is ineligible to serve, by the | ||||||
28 | sheriff of the
county.
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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.
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33 | c. In the township officers electoral board by the | ||||||
34 | eligible
elected town trustee who has had the second | ||||||
35 | longest term of continuous service
as a town trustee.
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36 | d. In the education officers electoral board by the |
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1 | eligible
elected school or community college district | ||||||
2 | board member who has had the
second longest term of | ||||||
3 | continuous service as a board member.
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4 | In the event that the chairman of the electoral board is | ||||||
5 | ineligible
to act because of the fact that he is a candidate | ||||||
6 | for the office with
relation to which the objector's petition | ||||||
7 | is filed, then the substitute
chosen under the provisions of | ||||||
8 | this Section shall be the chairman; In
this case, the officer | ||||||
9 | or board with whom the objector's petition is
filed, shall | ||||||
10 | transmit the certificate of nomination or nomination papers
as | ||||||
11 | the case may be, and the objector's petition to the substitute
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12 | chairman of the electoral board.
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13 | When 2 or more eligible individuals, by reason of their | ||||||
14 | terms of service
on a city council or board of trustees, | ||||||
15 | township board of
trustees, or school or community college | ||||||
16 | district board, qualify to serve
on an electoral board, the one | ||||||
17 | to serve shall be chosen by lot.
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18 | Any vacancies on the county officers
an electoral board not | ||||||
19 | otherwise
filled pursuant to this
Section shall be filled by | ||||||
20 | public members appointed by the Chief Judge of
the Circuit | ||||||
21 | Court for the county wherein the electoral board hearing is
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22 | being held upon notification to the Chief Judge of such
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23 | vacancies. The Chief Judge shall be so notified by a member of | ||||||
24 | the electoral
board or the officer or board with whom the | ||||||
25 | objector's petition was filed.
In the event that none of the | ||||||
26 | individuals designated by this Section to
serve on the | ||||||
27 | electoral board are eligible, the chairman of an electoral
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28 | board shall be designated by the Chief Judge.
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29 | (Source: P.A. 87-570 .)
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30 | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
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31 | Sec. 10-10. Within 24 hours after the receipt of the | ||||||
32 | certificate of
nomination or nomination papers or proposed | ||||||
33 | question of public
policy, as the case may be, and the | ||||||
34 | objector's petition, the chairman
of the electoral board other | ||||||
35 | than the State Board of Elections shall
send a call by |
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1 | registered or certified mail to each of the members of the
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2 | electoral board, and to the objector who filed the objector's | ||||||
3 | petition, and
either to the candidate whose certificate of | ||||||
4 | nomination or nomination
papers are objected to or to the | ||||||
5 | principal proponent or attorney for
proponents of a question of | ||||||
6 | public policy, as the case may be, whose
petitions are objected | ||||||
7 | to, and shall also cause the sheriff of the county
or counties | ||||||
8 | in which such officers and persons reside to serve a copy of
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9 | such call upon each of such officers and persons, which call | ||||||
10 | shall set out
the fact that the electoral board is required to | ||||||
11 | meet to hear and pass upon
the objections to nominations made | ||||||
12 | for the office, designating it, and
shall state the day, hour | ||||||
13 | and place at which the electoral board shall meet
for the | ||||||
14 | purpose, which place shall be in the
county court house in the | ||||||
15 | county in the case of the County Officers
Electoral Board , the | ||||||
16 | Municipal Officers Electoral Board, the Township
Officers | ||||||
17 | Electoral Board or the Education Officers Electoral Board .
The | ||||||
18 | Township Officers Electoral Board may meet in the township | ||||||
19 | offices, if
they are available, rather than the county | ||||||
20 | courthouse.
In
those cases where the State Board of Elections | ||||||
21 | is the electoral board
designated under Section 10-9, the | ||||||
22 | chairman of the State Board of Elections
shall, within 24 hours | ||||||
23 | after the receipt of the certificate of nomination
or | ||||||
24 | nomination papers or petitions for a proposed amendment to | ||||||
25 | Article IV of
the Constitution or proposed statewide question | ||||||
26 | of public policy, send a
call by registered or certified mail | ||||||
27 | to the objector who files the
objector's petition, and either | ||||||
28 | to the candidate whose certificate of
nomination or nomination | ||||||
29 | papers are objected to or to the principal
proponent or | ||||||
30 | attorney for proponents of the proposed Constitutional
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31 | amendment or statewide question of public policy and shall | ||||||
32 | state the day,
hour and place at which the electoral board | ||||||
33 | shall meet for the purpose,
which place may be in the Capitol | ||||||
34 | Building or in the principal or permanent
branch office of the | ||||||
35 | State Board. The day of the meeting shall not be less
than 3 | ||||||
36 | nor more than 5 days after the receipt of the certificate of
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1 | nomination or nomination papers and the objector's petition by | ||||||
2 | the chairman
of the electoral board.
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3 | The electoral board shall have the power to administer | ||||||
4 | oaths and to
subpoena and examine witnesses and at the request | ||||||
5 | of either party the
chairman may issue subpoenas requiring the | ||||||
6 | attendance of witnesses and
subpoenas duces tecum requiring the | ||||||
7 | production of such books, papers,
records and documents as may | ||||||
8 | be evidence of any matter under inquiry
before the electoral | ||||||
9 | board, in the same manner as witnesses are
subpoenaed in the | ||||||
10 | Circuit Court.
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11 | Service of such subpoenas shall be made by any sheriff or | ||||||
12 | other
person in the same manner as in cases in such court and | ||||||
13 | the fees of such
sheriff shall be the same as is provided by | ||||||
14 | law, and shall be paid by
the objector or candidate who causes | ||||||
15 | the issuance of the subpoena. In
case any person so served | ||||||
16 | shall knowingly neglect or refuse to obey any
such subpoena, or | ||||||
17 | to testify, the electoral board shall at once file a
petition | ||||||
18 | in the circuit court of the county in which such hearing is to
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19 | be heard, or has been attempted to be heard, setting forth the | ||||||
20 | facts, of
such knowing refusal or neglect, and accompanying the | ||||||
21 | petition with a
copy of the citation and the answer, if one has | ||||||
22 | been filed, together
with a copy of the subpoena and the return | ||||||
23 | of service thereon, and shall
apply for an order of court | ||||||
24 | requiring such person to attend and testify,
and forthwith | ||||||
25 | produce books and papers, before the electoral board. Any
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26 | circuit court of the state, excluding the judge who is sitting | ||||||
27 | on the electoral
board, upon such showing shall order such | ||||||
28 | person to appear and testify,
and to forthwith produce such | ||||||
29 | books and papers, before the electoral board
at a place to be | ||||||
30 | fixed by the court. If such person shall knowingly fail
or | ||||||
31 | refuse to obey such order of the court without lawful excuse, | ||||||
32 | the court
shall punish him or her by fine and imprisonment, as | ||||||
33 | the nature of the case
may require and may be lawful in cases | ||||||
34 | of contempt of court.
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35 | The electoral board on the first day of its meeting shall | ||||||
36 | adopt rules
of procedure for the introduction of evidence and |
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1 | the presentation of
arguments and may, in its discretion, | ||||||
2 | provide for the filing of briefs
by the parties to the | ||||||
3 | objection or by other interested persons.
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4 | In the event of a State Electoral Board hearing on | ||||||
5 | objections to a
petition for an amendment to Article IV of the | ||||||
6 | Constitution
pursuant to Section 3 of Article XIV of the | ||||||
7 | Constitution, or to a
petition for a question of public policy | ||||||
8 | to be submitted to the
voters of the entire State, the | ||||||
9 | certificates of the county clerks and boards
of election | ||||||
10 | commissioners showing the results of the random sample of
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11 | signatures on the petition shall be prima facie valid and | ||||||
12 | accurate, and
shall be presumed to establish the number of | ||||||
13 | valid and invalid
signatures on the petition sheets reviewed in | ||||||
14 | the random sample, as prescribed
in Section 28-11 and 28-12 of | ||||||
15 | this Code. Either party, however, may introduce
evidence at | ||||||
16 | such hearing to dispute the findings as to particular | ||||||
17 | signatures.
In addition to the foregoing, in the absence of | ||||||
18 | competent evidence presented
at such hearing by a party | ||||||
19 | substantially challenging the results of a random
sample, or | ||||||
20 | showing a different result obtained by an additional sample,
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21 | this certificate of a county clerk or board of election | ||||||
22 | commissioners shall
be presumed to establish the ratio of valid | ||||||
23 | to invalid signatures within
the particular election | ||||||
24 | jurisdiction.
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25 | The electoral board shall take up the question as to | ||||||
26 | whether or not
the certificate of nomination or nomination | ||||||
27 | papers or petitions are in
proper form, and whether or not they | ||||||
28 | were filed within the time and
under the conditions required by | ||||||
29 | law, and whether or not they are the
genuine certificate of | ||||||
30 | nomination or nomination papers or petitions
which they purport | ||||||
31 | to be, and whether or not in the case of the
certificate of | ||||||
32 | nomination in question it represents accurately the
decision of | ||||||
33 | the caucus or convention issuing it, and in general shall
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34 | decide whether or not the certificate of nomination or | ||||||
35 | nominating papers
or petitions on file are valid or whether the | ||||||
36 | objections thereto should
be sustained and the decision of a |
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1 | majority of the electoral board shall
be final subject to | ||||||
2 | judicial review as provided in Section 10-10.1. The
electoral | ||||||
3 | board must state its findings in writing and must state in
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4 | writing which objections, if any, it has sustained.
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5 | Upon the expiration of the period within which a proceeding | ||||||
6 | for
judicial review must be commenced under Section 10--10.1, | ||||||
7 | the electoral
board shall, unless a proceeding for judicial | ||||||
8 | review has been commenced
within such period, transmit, by | ||||||
9 | registered or certified mail, a
certified copy of its ruling, | ||||||
10 | together with the original certificate of
nomination or | ||||||
11 | nomination papers or petitions and the original objector's
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12 | petition, to the officer or board with whom the certificate of
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13 | nomination or nomination papers or petitions, as objected to, | ||||||
14 | were on
file, and such officer or board shall abide by and | ||||||
15 | comply with the
ruling so made to all intents and purposes.
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16 | (Source: P.A. 91-285, eff. 1-1-00.)
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