98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3426

 

Introduced 2/14/2014, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/10-10  from Ch. 46, par. 10-10

    Amends the Election Code. Provides that, in the event of a State Electoral Board hearing on objections to a petition for an amendment to Article IV of the Constitution pursuant to Section 3 of Article XIV of the Constitution, the State Board of Election's alternative signature verification method for referenda as authorized by the Code shall be presumed to establish the number of valid signatures on the petition sheets and that number shall be prima facie valid and accurate. In the event of a State Electoral Board hearing on objections, or to a petition for a question of public policy to be submitted to the voters of the entire State, the certificates of the county clerks and boards of election commissioners showing the results of the random sample of signatures on the petition shall be prima facie valid and accurate, and shall be presumed to establish the number of valid and invalid signatures on the petition sheets reviewed in the random sample. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
510-10 as follows:
 
6    (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
7    Sec. 10-10. Within 24 hours after the receipt of the
8certificate of nomination or nomination papers or proposed
9question of public policy, as the case may be, and the
10objector's petition, the chairman of the electoral board other
11than the State Board of Elections shall send a call by
12registered or certified mail to each of the members of the
13electoral board, and to the objector who filed the objector's
14petition, and either to the candidate whose certificate of
15nomination or nomination papers are objected to or to the
16principal proponent or attorney for proponents of a question of
17public policy, as the case may be, whose petitions are objected
18to, and shall also cause the sheriff of the county or counties
19in which such officers and persons reside to serve a copy of
20such call upon each of such officers and persons, which call
21shall set out the fact that the electoral board is required to
22meet to hear and pass upon the objections to nominations made
23for the office, designating it, and shall state the day, hour

 

 

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1and place at which the electoral board shall meet for the
2purpose, which place shall be in the county court house in the
3county in the case of the County Officers Electoral Board, the
4Municipal Officers Electoral Board, the Township Officers
5Electoral Board or the Education Officers Electoral Board,
6except that the Municipal Officers Electoral Board, the
7Township Officers Electoral Board, and the Education Officers
8Electoral Board may meet at the location where the governing
9body of the municipality, township, or community college
10district, respectively, holds its regularly scheduled
11meetings, if that location is available; provided that voter
12records may be removed from the offices of an election
13authority only at the discretion and under the supervision of
14the election authority. In those cases where the State Board of
15Elections is the electoral board designated under Section 10-9,
16the chairman of the State Board of Elections shall, within 24
17hours after the receipt of the certificate of nomination or
18nomination papers or petitions for a proposed amendment to
19Article IV of the Constitution or proposed statewide question
20of public policy, send a call by registered or certified mail
21to the objector who files the objector's petition, and either
22to the candidate whose certificate of nomination or nomination
23papers are objected to or to the principal proponent or
24attorney for proponents of the proposed Constitutional
25amendment or statewide question of public policy and shall
26state the day, hour and place at which the electoral board

 

 

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1shall meet for the purpose, which place may be in the Capitol
2Building or in the principal or permanent branch office of the
3State Board. The day of the meeting shall not be less than 3
4nor more than 5 days after the receipt of the certificate of
5nomination or nomination papers and the objector's petition by
6the chairman of the electoral board.
7    The electoral board shall have the power to administer
8oaths and to subpoena and examine witnesses and at the request
9of either party the chairman may issue subpoenas requiring the
10attendance of witnesses and subpoenas duces tecum requiring the
11production of such books, papers, records and documents as may
12be evidence of any matter under inquiry before the electoral
13board, in the same manner as witnesses are subpoenaed in the
14Circuit Court.
15    Service of such subpoenas shall be made by any sheriff or
16other person in the same manner as in cases in such court and
17the fees of such sheriff shall be the same as is provided by
18law, and shall be paid by the objector or candidate who causes
19the issuance of the subpoena. In case any person so served
20shall knowingly neglect or refuse to obey any such subpoena, or
21to testify, the electoral board shall at once file a petition
22in the circuit court of the county in which such hearing is to
23be heard, or has been attempted to be heard, setting forth the
24facts, of such knowing refusal or neglect, and accompanying the
25petition with a copy of the citation and the answer, if one has
26been filed, together with a copy of the subpoena and the return

 

 

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1of service thereon, and shall apply for an order of court
2requiring such person to attend and testify, and forthwith
3produce books and papers, before the electoral board. Any
4circuit court of the state, excluding the judge who is sitting
5on the electoral board, upon such showing shall order such
6person to appear and testify, and to forthwith produce such
7books and papers, before the electoral board at a place to be
8fixed by the court. If such person shall knowingly fail or
9refuse to obey such order of the court without lawful excuse,
10the court shall punish him or her by fine and imprisonment, as
11the nature of the case may require and may be lawful in cases
12of contempt of court.
13    The electoral board on the first day of its meeting shall
14adopt rules of procedure for the introduction of evidence and
15the presentation of arguments and may, in its discretion,
16provide for the filing of briefs by the parties to the
17objection or by other interested persons.
18    In the event of a State Electoral Board hearing on
19objections to a petition for an amendment to Article IV of the
20Constitution pursuant to Section 3 of Article XIV of the
21Constitution, the State Board of Election's alternative
22signature verification method for referenda as authorized by
23Section 28-11 of this Code shall be presumed to establish the
24number of valid signatures on the petition sheets and that
25number shall be prima facie valid and accurate. In the event of
26a State Electoral Board hearing on objections, or to a petition

 

 

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1for a question of public policy to be submitted to the voters
2of the entire State, the certificates of the county clerks and
3boards of election commissioners showing the results of the
4random sample of signatures on the petition shall be prima
5facie valid and accurate, and shall be presumed to establish
6the number of valid and invalid signatures on the petition
7sheets reviewed in the random sample, as prescribed in Section
828-11 and 28-12 of this Code. Either party, however, may
9introduce evidence at such hearing to dispute the findings as
10to particular signatures. In addition to the foregoing, in the
11absence of competent evidence presented at such hearing by a
12party substantially challenging the results of a random sample,
13or showing a different result obtained by an additional sample,
14this certificate of a county clerk or board of election
15commissioners shall be presumed to establish the ratio of valid
16to invalid signatures within the particular election
17jurisdiction.
18    The electoral board shall take up the question as to
19whether or not the certificate of nomination or nomination
20papers or petitions are in proper form, and whether or not they
21were filed within the time and under the conditions required by
22law, and whether or not they are the genuine certificate of
23nomination or nomination papers or petitions which they purport
24to be, and whether or not in the case of the certificate of
25nomination in question it represents accurately the decision of
26the caucus or convention issuing it, and in general shall

 

 

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1decide whether or not the certificate of nomination or
2nominating papers or petitions on file are valid or whether the
3objections thereto should be sustained and the decision of a
4majority of the electoral board shall be final subject to
5judicial review as provided in Section 10-10.1. The electoral
6board must state its findings in writing and must state in
7writing which objections, if any, it has sustained. A copy of
8the decision shall be served upon the parties to the
9proceedings in open proceedings before the electoral board. If
10a party does not appear for receipt of the decision, the
11decision shall be deemed to have been served on the absent
12party on the date when a copy of the decision is personally
13delivered or on the date when a copy of the decision is
14deposited in the Unites States mail, in a sealed envelope or
15package, with postage prepaid, addressed to each party affected
16by the decision or to such party's attorney of record, if any,
17at the address on record for such person in the files of the
18electoral board.
19    Upon the expiration of the period within which a proceeding
20for judicial review must be commenced under Section 10-10.1,
21the electoral board shall, unless a proceeding for judicial
22review has been commenced within such period, transmit, by
23registered or certified mail, a certified copy of its ruling,
24together with the original certificate of nomination or
25nomination papers or petitions and the original objector's
26petition, to the officer or board with whom the certificate of

 

 

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1nomination or nomination papers or petitions, as objected to,
2were on file, and such officer or board shall abide by and
3comply with the ruling so made to all intents and purposes.
4(Source: P.A. 98-115, eff. 7-29-13.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.