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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5207 Introduced 2/8/2012, by Rep. David Reis SYNOPSIS AS INTRODUCED:
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10 ILCS 5/28-12 | from Ch. 46, par. 28-12 |
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Amends the Election Code. Provides that, if a statewide projection of valid signatures on a petition for a statewide advisory public question establishes a total number of valid petition signatures greater than 95.0% of the minimum number of signatures required to qualify the proposed statewide advisory public question (now, to qualify the proposed Constitutional amendment or statewide advisory public question) for the ballot, the results of the sample shall be considered inconclusive and the State Board of Elections shall issue a final order declaring the petition to be valid. Effective immediately.
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| | A BILL FOR |
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| | HB5207 | | LRB097 18246 PJG 63472 b |
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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 | | 28-12 as follows:
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| 6 | | (10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
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| 7 | | Sec. 28-12.
Upon receipt of the certificates of the |
| 8 | | election authorities
showing the results of the sample |
| 9 | | signature verification, the Board shall:
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| 10 | | 1. Based on the sample, calculate the ratio of invalid |
| 11 | | or valid signatures
in each election jurisdiction.
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| 12 | | 2. Apply the ratio of invalid to valid signatures in an |
| 13 | | election
jurisdiction sample to the total number of |
| 14 | | petition signatures submitted
from that election |
| 15 | | jurisdiction.
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| 16 | | 3. Compute the degree of multiple signature |
| 17 | | contamination in each election
jurisdiction sample.
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| 18 | | 4. Adjust for multiple signature contamination and the |
| 19 | | invalid signatures,
project the total number of valid |
| 20 | | petition signatures submitted from each
election |
| 21 | | jurisdiction.
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| 22 | | 5. Aggregate the total number of projected valid |
| 23 | | signatures from each
election jurisdiction and project the |
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| | HB5207 | - 2 - | LRB097 18246 PJG 63472 b |
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| 1 | | total number of valid signatures on
the petition statewide.
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| 2 | | If such statewide projection establishes a total number of |
| 3 | | valid petition
signatures not greater than 95.0% of the minimum |
| 4 | | number of signatures required
to qualify the proposed statewide |
| 5 | | advisory
public question for the ballot, the petition shall be |
| 6 | | presumed invalid;
provided that, prior to the last day for |
| 7 | | ballot certification for the general
election, the Board shall |
| 8 | | conduct a hearing for the purpose of allowing
the proponents to |
| 9 | | present competent evidence or an additional sample to
rebut the |
| 10 | | presumption of
invalidity. At the conclusion of such hearing, |
| 11 | | and after the resolution of any specific objection filed |
| 12 | | pursuant to Section 10-8 of this Code, the Board shall issue a
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| 13 | | final order declaring the petition to be valid or invalid and |
| 14 | | shall, in
accordance with its order, certify or not certify the |
| 15 | | proposition for the ballot.
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| 16 | | If such statewide projection establishes a total number of |
| 17 | | valid petition
signatures greater than 95.0% of the minimum |
| 18 | | number of signatures required
to qualify the proposed |
| 19 | | Constitutional amendment or statewide advisory
public question |
| 20 | | for the ballot, the results of the sample shall be considered
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| 21 | | inconclusive and, if no specific objections to the petition are |
| 22 | | filed pursuant
to Section 10-8 of this Code, the Board shall |
| 23 | | issue a final order declaring
the petition to be valid and |
| 24 | | shall certify the proposition for the ballot.
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| 25 | | In either event, the Board shall append to its final order |
| 26 | | the detailed
results of the sample from each election |