99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4971

 

Introduced 2/5/2016, by Rep. Mike Fortner

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/10-8  from Ch. 46, par. 10-8

    Replaces everything after the enacting clause. Amends the Election Code. Provides that petitions for candidacy filed with any election authority shall be provided to the public in electronic form, made available online by the principal office or the permanent branch office of the State Board of Elections, or by the office of the election authority or local election official with whom the petitions are filed. 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
510-8 as follows:
 
6    (10 ILCS 5/10-8)  (from Ch. 46, par. 10-8)
7    Sec. 10-8. Certificates of nomination and nomination
8papers, and petitions to submit public questions to a
9referendum, being filed as required by this Code, and being in
10apparent conformity with the provisions of this Act, shall be
11deemed to be valid unless objection thereto is duly made in
12writing within 5 business days after the last day for filing
13the certificate of nomination or nomination papers or petition
14for a public question, with the following exceptions:
15        A. In the case of petitions to amend Article IV of the
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.
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
2which the candidate or public question is to be voted on, or
3any legal voter in the State in the case of a proposed
4amendment to Article IV of the Constitution or an advisory
5public question to be submitted to the voters of the entire
6State, having objections to any certificate of nomination or
7nomination papers or petitions filed, shall file an objector's
8petition together with 2 copies thereof in the principal office
9or the permanent branch office of the State Board of Elections,
10or in the office of the election authority or local election
11official with whom the certificate of nomination, nomination
12papers or petitions are on file. Objection petitions that do
13not include 2 copies thereof, shall not be accepted. In the
14case of nomination papers or certificates of nomination, the
15State Board of Elections, election authority or local election
16official shall note the day and hour upon which such objector's
17petition is filed, and shall, not later than 12:00 noon on the
18second business day after receipt of the petition, transmit by
19registered mail or receipted personal delivery the certificate
20of nomination or nomination papers and the original objector's
21petition to the chairman of the proper electoral board
22designated in Section 10-9 hereof, or his authorized agent, and
23shall transmit a copy by registered mail or receipted personal
24delivery of the objector's petition, to the candidate whose
25certificate of nomination or nomination papers are objected to,
26addressed to the place of residence designated in said

 

 

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1certificate of nomination or nomination papers. In the case of
2objections to a petition for a proposed amendment to Article IV
3of the Constitution or for an advisory public question to be
4submitted to the voters of the entire State, the State Board of
5Elections shall note the day and hour upon which such
6objector's petition is filed and shall transmit a copy of the
7objector's petition by registered mail or receipted personal
8delivery to the person designated on a certificate attached to
9the petition as the principal proponent of such proposed
10amendment or public question, or as the proponents' attorney,
11for the purpose of receiving notice of objections. In the case
12of objections to a petition for a public question, to be
13submitted to the voters of a political subdivision, or district
14thereof, the election authority or local election official with
15whom such petition is filed shall note the day and hour upon
16which such objector's petition was filed, and shall, not later
17than 12:00 noon on the second business day after receipt of the
18petition, transmit by registered mail or receipted personal
19delivery the petition for the public question and the original
20objector's petition to the chairman of the proper electoral
21board designated in Section 10-9 hereof, or his authorized
22agent, and shall transmit a copy by registered mail or
23receipted personal delivery, of the objector's petition to the
24person designated on a certificate attached to the petition as
25the principal proponent of the public question, or as the
26proponent's attorney, for the purposes of receiving notice of

 

 

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1objections.
2    The objector's petition shall give the objector's name and
3residence address, and shall state fully the nature of the
4objections to the certificate of nomination or nomination
5papers or petitions in question, and shall state the interest
6of the objector and shall state what relief is requested of the
7electoral board.
8    The provisions of this Section and of Sections 10-9, 10-10
9and 10-10.1 shall also apply to and govern objections to
10petitions for nomination filed under Article 7 or Article 8,
11except as otherwise provided in Section 7-13 for cases to which
12it is applicable, and also apply to and govern petitions for
13the submission of public questions under Article 28.
14    Petitions for candidacy filed with any election authority
15shall be provided to the public in electronic form, made
16available online by the principal office or the permanent
17branch office of the State Board of Elections, or by the office
18of the election authority or local election official with whom
19the petitions are filed.
20(Source: P.A. 98-691, eff. 7-1-14.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.