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Rep. Michael J. Madigan
Filed: 5/27/2013
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1 | | AMENDMENT TO SENATE BILL 1689
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1689 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Election Code is amended by changing |
5 | | Section 10-9 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 The following electoral boards are |
8 | | designated for the
purpose of hearing and passing upon the |
9 | | objector's 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 |
12 | | offices,
nominations of candidates for congressional, |
13 | | legislative and judicial
offices of districts, |
14 | | subcircuits, or circuits situated in more than one county, |
15 | | nominations
of candidates for the offices of State's |
16 | | attorney or regional superintendent
of schools to be |
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1 | | elected from more than one county, and petitions for
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2 | | proposed amendments to the Constitution of the State of |
3 | | Illinois as
provided for in Section 3 of Article XIV of the |
4 | | Constitution.
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5 | | 2. The county officers electoral board to hear and pass |
6 | | upon
objections to the nominations of candidates for county |
7 | | offices,
for congressional, legislative and judicial |
8 | | offices of a district, subcircuit, or
circuit coterminous |
9 | | with or less than a county, for school trustees to be
voted |
10 | | for by the electors of the county or by the electors of a |
11 | | township of
the county, for the office of multi-township |
12 | | assessor where candidates for
such office are nominated in |
13 | | accordance with this Code, and for all special
district |
14 | | offices, shall be composed of the county clerk, or an |
15 | | assistant
designated by the county clerk, the State's |
16 | | attorney of the county or
an Assistant State's Attorney |
17 | | designated by the State's Attorney, and the
clerk of the |
18 | | circuit court, or an assistant designated by the clerk of
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19 | | the circuit court, of the county, of whom the county clerk |
20 | | or his designee
shall be the chairman, except that in any |
21 | | county which has established a
county board of election |
22 | | commissioners that board
shall constitute the county |
23 | | officers electoral board ex-officio.
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24 | | 3. The municipal officers electoral board to hear and |
25 | | pass upon
objections to the nominations of candidates for |
26 | | officers of
municipalities shall be composed of the mayor |
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1 | | or president of the board
of trustees of the city, village |
2 | | or incorporated town, and the city,
village or incorporated |
3 | | town clerk, and one member of the city council
or board of |
4 | | trustees, that member being designated who is eligible to
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5 | | serve on the electoral board and has served the
greatest |
6 | | number of years as a member of the city council or board of
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7 | | trustees, of whom the mayor or president of the board of |
8 | | trustees shall
be the chairman.
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9 | | 4. The township officers electoral board to pass upon |
10 | | objections to
the nominations of township officers shall be |
11 | | composed of the township
supervisor, the town clerk, and |
12 | | that eligible town trustee elected in the
township who has |
13 | | had the longest term of continuous service as town
trustee, |
14 | | of whom the township supervisor shall be the chairman.
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15 | | 5. The education officers electoral board to hear and |
16 | | pass upon
objections to the nominations of candidates for |
17 | | offices in school or
community college districts shall be |
18 | | composed of the presiding officer of
the school or |
19 | | community college district board, who shall be the |
20 | | chairman,
the secretary of the school or community college |
21 | | district board and the
eligible elected school or community |
22 | | college board member who has the
longest term of continuous |
23 | | service as a board member.
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24 | | 6. In all cases, however, where the Congressional, |
25 | | Legislative, or Representative
district is wholly or |
26 | | partially within the jurisdiction of a single municipal |
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1 | | board of election
commissioners in Cook County and in all |
2 | | cases where the school district or special
district is |
3 | | wholly within the jurisdiction of a municipal board of
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4 | | election commissioners and in all cases where the |
5 | | municipality or
township is wholly or partially within the |
6 | | jurisdiction of a municipal
board of election |
7 | | commissioners, the board of election commissioners
shall |
8 | | ex-officio constitute the electoral board.
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9 | | For special districts situated in more than one county, the |
10 | | county officers
electoral board of the county in which the |
11 | | principal office of the district
is located has jurisdiction to |
12 | | hear and pass upon objections. For purposes
of this Section, |
13 | | "special districts" means all political subdivisions other
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14 | | than counties, municipalities, townships and school and |
15 | | community college
districts.
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16 | | In the event that any member of the appropriate board is a |
17 | | candidate
for the office with relation to which the objector's |
18 | | petition is filed,
he shall not be eligible to serve on that |
19 | | board and shall not act as
a member of the board and his place |
20 | | shall be filled as follows:
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21 | | a. In the county officers electoral board by the county
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22 | | treasurer, and if he or she is ineligible to serve, by the |
23 | | sheriff of the
county.
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24 | | b. In the municipal officers electoral board by the |
25 | | eligible
elected city council or board of trustees member |
26 | | who has served the second
greatest number of years as a |
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1 | | city council or board of trustees member.
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2 | | c. In the township officers electoral board by the |
3 | | eligible
elected town trustee who has had the second |
4 | | longest term of continuous service
as a town trustee.
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5 | | d. In the education officers electoral board by the |
6 | | eligible
elected school or community college district |
7 | | board member who has had the
second longest term of |
8 | | continuous service as a board member.
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9 | | In the event that the chairman of the electoral board is |
10 | | ineligible
to act because of the fact that he is a candidate |
11 | | for the office with
relation to which the objector's petition |
12 | | is filed, then the substitute
chosen under the provisions of |
13 | | this Section shall be the chairman; In
this case, the officer |
14 | | or board with whom the objector's petition is
filed, shall |
15 | | transmit the certificate of nomination or nomination papers
as |
16 | | the case may be, and the objector's petition to the substitute
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17 | | chairman of the electoral board.
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18 | | When 2 or more eligible individuals, by reason of their |
19 | | terms of service
on a city council or board of trustees, |
20 | | township board of
trustees, or school or community college |
21 | | district board, qualify to serve
on an electoral board, the one |
22 | | to serve shall be chosen by lot.
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23 | | Any vacancies on an electoral board not otherwise filled |
24 | | pursuant to this
Section shall be filled by public members |
25 | | appointed by the Chief Judge of
the Circuit Court for the |
26 | | county wherein the electoral board hearing is
being held upon |
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1 | | notification to the Chief Judge of such
vacancies. The Chief |
2 | | Judge shall be so notified by a member of the electoral
board |
3 | | or the officer or board with whom the objector's petition was |
4 | | filed.
In the event that none of the individuals designated by |
5 | | this Section to
serve on the electoral board are eligible, the |
6 | | chairman of an electoral
board shall be designated by the Chief |
7 | | Judge.
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8 | | (Source: P.A. 96-1008, eff. 7-6-10.)".
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