Full Text of HB1853 97th General Assembly
HB1853 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1853 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/10-8 | from Ch. 46, par. 10-8 |
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Amends the Election Code. With respect to objector's petitions, requires that (i) 2 copies (now, one copy) must be filed with the petition, (ii) the petition shall not be accepted for filing without the 2 copies, and (iii) challenges to signatures must include recapitulation sheets that refer to the page and line numbers of the signatures. Permits an electoral board to examine a randomly selected sample of the signatures. Makes other changes.
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| | A BILL FOR |
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| | | HB1853 | | LRB097 07065 HLH 47158 b |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 10-8 as follows:
| 6 | | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
| 7 | | Sec. 10-8.
Certificates of nomination and nomination | 8 | | papers, and
petitions to submit public questions to a | 9 | | referendum, being filed as
required by this Code, and being in | 10 | | apparent conformity with the
provisions of this Act, shall be | 11 | | deemed to be valid unless objection
thereto is duly made in | 12 | | writing within 5 business days after the last day for
filing | 13 | | the certificate of nomination or nomination papers or petition
| 14 | | for 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 | 2 | | which the
candidate or public question is to be voted on, or | 3 | | any legal voter in
the State in the case of a proposed | 4 | | amendment to Article IV of the
Constitution or an advisory | 5 | | public question to be submitted to the
voters of the entire | 6 | | State, having objections to any certificate of nomination
or | 7 | | nomination papers or petitions filed, shall file an objector's | 8 | | petition
together with 2 copies a copy thereof in the principal | 9 | | office or the permanent branch
office of the State Board of | 10 | | Elections, or in the office of the election
authority or local | 11 | | election official with whom the certificate of
nomination, | 12 | | nomination papers or petitions are on file ; objector's | 13 | | petitions that are not accompanied by 2 copies thereof shall | 14 | | not be accepted by those offices .
In the case of nomination | 15 | | papers or certificates of nomination,
the State Board of | 16 | | Elections, election authority or local election official
shall | 17 | | note the day and hour upon which such objector's
petition is | 18 | | filed . Not , and shall, not later than 12:00
noon on the second | 19 | | business day following the last day to file objections after | 20 | | receipt of the
petition , the State Board of Elections, election | 21 | | authority, or local election official shall transmit by | 22 | | registered mail or receipted
personal delivery the certificate | 23 | | of nomination or nomination papers and
the original objector's | 24 | | petition to the chairman of the proper electoral
board | 25 | | designated in Section 10-9 hereof, or his authorized agent, and
| 26 | | shall transmit a copy by registered mail or receipted personal |
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| 1 | | delivery
of the objector's petition, to the candidate whose | 2 | | certificate of nomination
or nomination papers are objected to, | 3 | | addressed to the place of residence
designated in said | 4 | | certificate of nomination or nomination papers. In the
case of | 5 | | objections to a petition for a proposed amendment to Article IV | 6 | | of
the Constitution or for an advisory public question to be | 7 | | submitted to the
voters of the entire State, the State Board of | 8 | | Elections shall note the day
and hour upon which such | 9 | | objector's petition is filed and shall transmit a
copy of the | 10 | | objector's petition by registered mail or receipted personal
| 11 | | delivery to the person designated on a certificate attached to | 12 | | the petition
as the principal proponent of such proposed | 13 | | amendment or public question,
or as the proponents' attorney, | 14 | | for the purpose of receiving notice of
objections. In the case | 15 | | of objections to a petition for a public question,
to be | 16 | | submitted to the voters of a political subdivision, or district
| 17 | | thereof, the election authority or local election official with | 18 | | whom such
petition is filed shall note the day and hour upon | 19 | | which such
objector's petition was filed, and shall, not later | 20 | | than 12:00 noon on the
second business day following the last | 21 | | day to file objections after receipt of the petition ,
transmit | 22 | | by registered mail or receipted personal delivery
the petition | 23 | | for the public question and the original objector's petition
to | 24 | | the chairman of the proper electoral board designated in | 25 | | Section 10-9
hereof, or his authorized agent, and shall | 26 | | transmit a copy by
registered mail or receipted personal |
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| 1 | | delivery, of the objector's petition
to the person designated | 2 | | on a certificate attached to the petition as the
principal | 3 | | proponent of the public question, or as the proponent's | 4 | | attorney,
for the purposes of receiving notice of objections.
| 5 | | The objector's petition shall give the objector's name and | 6 | | residence
address, and shall state fully the nature of the | 7 | | objections to the
certificate of nomination or nomination | 8 | | papers or petitions in question,
and shall state the interest | 9 | | of the objector and shall state what relief
is requested of the | 10 | | electoral board. If the objection challenges the validity of | 11 | | specific signatures, the objector's petition shall include | 12 | | recapitulation sheets indicating the specific page and line | 13 | | number on which the challenged signature is located and | 14 | | specifying the basis of the objection. Each recapitulation | 15 | | sheet shall be in substantially the following form:
| 16 | | Candidate Office Sheet Number | 17 | | A mark, such as an "x" or "v", indicates that the signature on | 18 | | the designated sheet and line is objected to for the reasons | 19 | | set forth above the column in which the identifying mark | 20 | | appears, in accordance with the Objector's Petition, of which | 21 | | this Appendix-Recapitulation is made a part. | |
22 | | Objection | a. Signer | b. | c. | - |
23 | | -------- | not | Signer's | Signer | - |
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| 1 | | -- | registered | signature | resides | |
2 | | LINE # | at address | not | outside | |
3 | | | shown | genuine | District | |
4 | | 1 | | | | |
5 | | 2 | | | | |
6 | | 3 | | | |
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7 | | Objection | d. | e. Signer | f. Other | - |
8 | | ------- | Signer's | signed | (Must | - |
9 | | -- | address | Petition | specify | |
10 | | LINE # | missing or | more than | legal | |
11 | | | incomplete | once at | basis for | |
12 | | | | Sheet/Line | objection) | |
13 | | | | indicated | | |
14 | | 1 | | | | |
15 | | 2 | | | | |
16 | | 3 | | | |
| 17 | | The mandated use of this form shall not preclude an objector | 18 | | from making objections to the qualifications of a circulator or | 19 | | the manner in which the petition was circulated or notarized. | 20 | | Such circulator or notarization objections may be included on | 21 | | the recapitulation form. Use of the recapitulation form shall | 22 | | not preclude an opposing party from challenging the sufficiency | 23 | | of the objector's petition when it is shown by such party that | 24 | | the objection appears on its face to have been filed without |
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| 1 | | the objector first conducting a diligent examination of the | 2 | | challenged signatures to determine whether they are indeed | 3 | | invalid. In the event such a challenge is raised, in the form | 4 | | of a motion to strike or otherwise, the electoral board may | 5 | | conduct an examination of a randomly selected sample of no less | 6 | | than 20% of the challenged signatures to determine whether a | 7 | | sufficient number of signatures in the sample are valid or | 8 | | invalid, thereby determining whether a complete examination of | 9 | | all the challenged signatures is necessary. If, following the | 10 | | examination of a randomly selected 20% sample of challenged | 11 | | signatures, the number of sustained challenges is no greater | 12 | | than 35% of the total number of challenged signatures, the | 13 | | electoral board may suspend the records examination and order | 14 | | the objector to appear before the board and show cause as to | 15 | | why the objection should not be dismissed; this provision does | 16 | | not apply to objections to a candidate's nomination petition | 17 | | for an office with a petition signature requirement of fewer | 18 | | than 500. | 19 | | The provisions of this Section and of Sections 10-9, 10-10 | 20 | | and
10-10.1 shall also apply to and govern objections to | 21 | | petitions for
nomination filed under Article 7 or Article 8, | 22 | | except as otherwise
provided in Section 7-13 for cases to which | 23 | | it is applicable, and also
apply to and govern petitions for | 24 | | the submission of public questions under
Article 28. | 25 | | (Source: P.A. 86-1348.)
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