Illinois General Assembly - Full Text of SB1689
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Full Text of SB1689  98th General Assembly


Rep. Michael J. Madigan

Filed: 5/27/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1689 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Election Code is amended by changing
5Section 10-9 as follows:
6    (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
7    Sec. 10-9. The The following electoral boards are
8designated for the purpose of hearing and passing upon the
9objector's petition described in Section 10-8.
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
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.
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
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.
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
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
7    trustees, of whom the mayor or president of the board of
8    trustees shall be the chairman.
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.
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.
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
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.
9    For special districts situated in more than one county, the
10county officers electoral board of the county in which the
11principal office of the district is located has jurisdiction to
12hear and pass upon objections. For purposes of this Section,
13"special districts" means all political subdivisions other
14than counties, municipalities, townships and school and
15community college districts.
16    In the event that any member of the appropriate board is a
17candidate for the office with relation to which the objector's
18petition is filed, he shall not be eligible to serve on that
19board and shall not act as a member of the board and his place
20shall be filled as follows:
21        a. In the county officers electoral board by the county
22    treasurer, and if he or she is ineligible to serve, by the
23    sheriff of the county.
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.
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.
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.
9    In the event that the chairman of the electoral board is
10ineligible to act because of the fact that he is a candidate
11for the office with relation to which the objector's petition
12is filed, then the substitute chosen under the provisions of
13this Section shall be the chairman; In this case, the officer
14or board with whom the objector's petition is filed, shall
15transmit the certificate of nomination or nomination papers as
16the case may be, and the objector's petition to the substitute
17chairman of the electoral board.
18    When 2 or more eligible individuals, by reason of their
19terms of service on a city council or board of trustees,
20township board of trustees, or school or community college
21district board, qualify to serve on an electoral board, the one
22to serve shall be chosen by lot.
23    Any vacancies on an electoral board not otherwise filled
24pursuant to this Section shall be filled by public members
25appointed by the Chief Judge of the Circuit Court for the
26county wherein the electoral board hearing is being held upon



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1notification to the Chief Judge of such vacancies. The Chief
2Judge shall be so notified by a member of the electoral board
3or the officer or board with whom the objector's petition was
4filed. In the event that none of the individuals designated by
5this Section to serve on the electoral board are eligible, the
6chairman of an electoral board shall be designated by the Chief
8(Source: P.A. 96-1008, eff. 7-6-10.)".