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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 | 10-8 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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1 | Any legal voter of the political subdivision or district in | ||||||
2 | which the
candidate or public question is to be voted on, or | ||||||
3 | any legal voter in
the State in the case of a proposed | ||||||
4 | amendment to Article IV of the
Constitution or an advisory | ||||||
5 | public question to be submitted to the
voters of the entire | ||||||
6 | State, having objections to any certificate of nomination
or | ||||||
7 | nomination papers or petitions filed, shall file an objector's | ||||||
8 | petition
together with a copy thereof in the principal office | ||||||
9 | or the permanent branch
office of the State Board of Elections, | ||||||
10 | or in the office of the election
authority or local election | ||||||
11 | official with whom the certificate of
nomination, nomination | ||||||
12 | papers or petitions are on file.
In the case of nomination | ||||||
13 | papers or certificates of nomination,
the State Board of | ||||||
14 | Elections, election authority or local election official
shall | ||||||
15 | note the day and hour upon which such objector's
petition is | ||||||
16 | filed, and shall, not later than 12:00
noon on the second | ||||||
17 | business day after receipt of the
petition, transmit by | ||||||
18 | registered mail or receipted
personal delivery the certificate | ||||||
19 | of nomination or nomination papers and
the original objector's | ||||||
20 | petition to the chairman of the proper electoral
board | ||||||
21 | designated in Section 10-9 hereof, or his authorized agent, and
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22 | shall transmit a copy by registered mail or receipted personal | ||||||
23 | delivery
of the objector's petition, to the candidate whose | ||||||
24 | certificate of nomination
or nomination papers are objected to, | ||||||
25 | addressed to the place of residence
designated in said | ||||||
26 | certificate of nomination or nomination papers. In the
case of |
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1 | objections to a petition for a proposed amendment to Article IV | ||||||
2 | of
the Constitution or for an advisory public question to be | ||||||
3 | submitted to the
voters of the entire State, the State Board of | ||||||
4 | Elections shall note the day
and hour upon which such | ||||||
5 | objector's petition is filed and shall transmit a
copy of the | ||||||
6 | objector's petition by registered mail or receipted personal
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7 | delivery to the person designated on a certificate attached to | ||||||
8 | the petition
as the principal proponent of such proposed | ||||||
9 | amendment or public question,
or as the proponents' attorney, | ||||||
10 | for the purpose of receiving notice of
objections. In the case | ||||||
11 | of objections to a petition for a public question,
to be | ||||||
12 | submitted to the voters of a political subdivision, or district
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13 | thereof, the election authority or local election official with | ||||||
14 | whom such
petition is filed shall note the day and hour upon | ||||||
15 | which such
objector's petition was filed, and shall, not later | ||||||
16 | than 12:00 noon on the
second business day after receipt of the | ||||||
17 | petition,
transmit by registered mail or receipted personal | ||||||
18 | delivery
the petition for the public question and the original | ||||||
19 | objector's petition
to the chairman of the proper electoral | ||||||
20 | board designated in Section 10-9
hereof, or his authorized | ||||||
21 | agent, and shall transmit a copy by
registered mail or | ||||||
22 | receipted personal delivery, of the objector's petition
to the | ||||||
23 | person designated on a certificate attached to the petition as | ||||||
24 | the
principal proponent of the public question, or as the | ||||||
25 | proponent's attorney,
for the purposes of receiving notice of | ||||||
26 | objections.
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1 | The objector's petition shall give the objector's name and | ||||||
2 | residence
address, and shall state fully the nature of the | ||||||
3 | objections to the
certificate of nomination or nomination | ||||||
4 | papers or petitions in question,
and shall state the interest | ||||||
5 | of the objector and shall state what relief
is requested of the | ||||||
6 | electoral board. The objector's petition shall be signed by the | ||||||
7 | objector or by the objector's attorney; any petition not signed | ||||||
8 | shall be stricken. The signature of the objector or the | ||||||
9 | attorney constitutes a certification by him or her that he or | ||||||
10 | she has read the objector's petition, that to the best of his | ||||||
11 | or her knowledge, information, and belief formed after a | ||||||
12 | reasonable inquiry it is well grounded in fact and is warranted | ||||||
13 | by existing law or a good-faith argument for the extension, | ||||||
14 | modification, or reversal of existing law, and that it is not | ||||||
15 | filed for any improper purpose such as to harass or cause | ||||||
16 | unnecessary delay or needless increase in the cost of gaining | ||||||
17 | access to the ballot. If a petition is signed in violation of | ||||||
18 | this Section, an electoral board may impose upon the person who | ||||||
19 | signed it, a represented party, or both, an appropriate | ||||||
20 | sanction, which may include an order to pay to the other party | ||||||
21 | or parties the amount of reasonable expenses incurred because | ||||||
22 | of the filing of the petition, including a reasonable attorney | ||||||
23 | fee.
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24 | The provisions of this Section and of Sections 10-9, 10-10 | ||||||
25 | and
10-10.1 shall also apply to and govern objections to | ||||||
26 | petitions for
nomination filed under Article 7 or Article 8, |
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1 | except as otherwise
provided in Section 7-13 for cases to which | ||||||
2 | it is applicable, and also
apply to and govern petitions for | ||||||
3 | the submission of public questions under
Article 28.
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4 | (Source: P.A. 86-1348.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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