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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 community college | ||||||
10 | 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.
In
those cases where the State Board of | ||||||
15 | Elections is the electoral board
designated under Section 10-9, | ||||||
16 | the chairman of the State Board of Elections
shall, within 24 | ||||||
17 | hours after the receipt of the certificate of nomination
or | ||||||
18 | nomination papers or petitions for a proposed amendment to | ||||||
19 | Article IV of
the Constitution or proposed statewide question | ||||||
20 | of public policy, send a
call by registered or certified mail | ||||||
21 | to the objector who files the
objector's petition, and either | ||||||
22 | to the candidate whose certificate of
nomination or nomination | ||||||
23 | papers are objected to or to the principal
proponent or | ||||||
24 | attorney for proponents of the proposed Constitutional
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25 | amendment or statewide question of public policy and shall | ||||||
26 | state the day,
hour and place at which the electoral board |
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1 | shall meet for the purpose,
which place may be in the Capitol | ||||||
2 | Building or in the principal or permanent
branch office of the | ||||||
3 | State Board. The day of the meeting shall not be less
than 3 | ||||||
4 | nor more than 5 days after the receipt of the certificate of
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5 | nomination or nomination papers and the objector's petition by | ||||||
6 | the chairman
of the electoral board.
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7 | The electoral board shall have the power to administer | ||||||
8 | oaths and to
subpoena and examine witnesses and at the request | ||||||
9 | of either party the
chairman may issue subpoenas requiring the | ||||||
10 | attendance of witnesses and
subpoenas duces tecum requiring the | ||||||
11 | production of such books, papers,
records and documents as may | ||||||
12 | be evidence of any matter under inquiry
before the electoral | ||||||
13 | board, in the same manner as witnesses are
subpoenaed in the | ||||||
14 | Circuit Court.
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15 | Service of such subpoenas shall be made by any sheriff or | ||||||
16 | other
person in the same manner as in cases in such court and | ||||||
17 | the fees of such
sheriff shall be the same as is provided by | ||||||
18 | law, and shall be paid by
the objector or candidate who causes | ||||||
19 | the issuance of the subpoena. In
case any person so served | ||||||
20 | shall knowingly neglect or refuse to obey any
such subpoena, or | ||||||
21 | to testify, the electoral board shall at once file a
petition | ||||||
22 | in the circuit court of the county in which such hearing is to
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23 | be heard, or has been attempted to be heard, setting forth the | ||||||
24 | facts, of
such knowing refusal or neglect, and accompanying the | ||||||
25 | petition with a
copy of the citation and the answer, if one has | ||||||
26 | been filed, together
with a copy of the subpoena and the return |
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1 | of service thereon, and shall
apply for an order of court | ||||||
2 | requiring such person to attend and testify,
and forthwith | ||||||
3 | produce books and papers, before the electoral board. Any
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4 | circuit court of the state, excluding the judge who is sitting | ||||||
5 | on the electoral
board, upon such showing shall order such | ||||||
6 | person to appear and testify,
and to forthwith produce such | ||||||
7 | books and papers, before the electoral board
at a place to be | ||||||
8 | fixed by the court. If such person shall knowingly fail
or | ||||||
9 | refuse to obey such order of the court without lawful excuse, | ||||||
10 | the court
shall punish him or her by fine and imprisonment, as | ||||||
11 | the nature of the case
may require and may be lawful in cases | ||||||
12 | of contempt of court.
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13 | The electoral board on the first day of its meeting shall | ||||||
14 | adopt rules
of procedure for the introduction of evidence and | ||||||
15 | the presentation of
arguments and may, in its discretion, | ||||||
16 | provide for the filing of briefs
by the parties to the | ||||||
17 | objection or by other interested persons.
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18 | In the event of a State Electoral Board hearing on | ||||||
19 | objections to a
petition for an amendment to Article IV of the | ||||||
20 | Constitution
pursuant to Section 3 of Article XIV of the | ||||||
21 | Constitution , the State Board of Election's alternative | ||||||
22 | signature verification method for referenda as authorized by | ||||||
23 | Section 28-11 of this Code shall be presumed to establish the | ||||||
24 | number of valid signatures on the petition sheets and that | ||||||
25 | number shall be prima facie valid and accurate. In the event of | ||||||
26 | a State Electoral Board hearing on objections , or to a
petition |
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1 | for a question of public policy to be submitted to the
voters | ||||||
2 | of the entire State, the certificates of the county clerks and | ||||||
3 | boards
of election commissioners showing the results of the | ||||||
4 | random sample of
signatures on the petition shall be prima | ||||||
5 | facie valid and accurate, and
shall be presumed to establish | ||||||
6 | the number of valid and invalid
signatures on the petition | ||||||
7 | sheets reviewed in the random sample, as prescribed
in Section | ||||||
8 | 28-11 and 28-12 of this Code. Either party, however, may | ||||||
9 | introduce
evidence at such hearing to dispute the findings as | ||||||
10 | to particular signatures.
In addition to the foregoing, in the | ||||||
11 | absence of competent evidence presented
at such hearing by a | ||||||
12 | party substantially challenging the results of a random
sample, | ||||||
13 | or showing a different result obtained by an additional sample,
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14 | this certificate of a county clerk or board of election | ||||||
15 | commissioners shall
be presumed to establish the ratio of valid | ||||||
16 | to invalid signatures within
the particular election | ||||||
17 | jurisdiction.
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18 | The electoral board shall take up the question as to | ||||||
19 | whether or not
the certificate of nomination or nomination | ||||||
20 | papers or petitions are in
proper form, and whether or not they | ||||||
21 | were filed within the time and
under the conditions required by | ||||||
22 | law, and whether or not they are the
genuine certificate of | ||||||
23 | nomination or nomination papers or petitions
which they purport | ||||||
24 | to be, and whether or not in the case of the
certificate of | ||||||
25 | nomination in question it represents accurately the
decision of | ||||||
26 | the caucus or convention issuing it, and in general shall
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1 | decide whether or not the certificate of nomination or | ||||||
2 | nominating papers
or petitions on file are valid or whether the | ||||||
3 | objections thereto should
be sustained and the decision of a | ||||||
4 | majority of the electoral board shall
be final subject to | ||||||
5 | judicial review as provided in Section 10-10.1. The
electoral | ||||||
6 | board must state its findings in writing and must state in
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7 | writing which objections, if any, it has sustained. A copy of | ||||||
8 | the decision shall be served upon the parties to the | ||||||
9 | proceedings in open proceedings before the electoral board. If | ||||||
10 | a party does not appear for receipt of the decision, the | ||||||
11 | decision shall be deemed to have been served on the absent | ||||||
12 | party on the date when a copy of the decision is personally | ||||||
13 | delivered or on the date when a copy of the decision is | ||||||
14 | deposited in the Unites States mail, in a sealed envelope or | ||||||
15 | package, with postage prepaid, addressed to each party affected | ||||||
16 | by the decision or to such party's attorney of record, if any, | ||||||
17 | at the address on record for such person in the files of the | ||||||
18 | electoral board.
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19 | Upon the expiration of the period within which a proceeding | ||||||
20 | for
judicial review must be commenced under Section 10-10.1, | ||||||
21 | the electoral
board shall, unless a proceeding for judicial | ||||||
22 | review has been commenced
within such period, transmit, by | ||||||
23 | registered or certified mail, a
certified copy of its ruling, | ||||||
24 | together with the original certificate of
nomination or | ||||||
25 | nomination papers or petitions and the original objector's
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26 | petition, to the officer or board with whom the certificate of
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1 | nomination or nomination papers or petitions, as objected to, | ||||||
2 | were on
file, and such officer or board shall abide by and | ||||||
3 | comply with the
ruling so made to all intents and purposes.
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4 | (Source: P.A. 98-115, eff. 7-29-13.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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