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