Full Text of HB2472 100th General Assembly
HB2472 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2472 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/10-9 | from Ch. 46, par. 10-9 | 10 ILCS 5/10-10 | from Ch. 46, par. 10-10 | 65 ILCS 5/7-7-11 | from Ch. 24, par. 7-7-11 |
|
Amends the Election Code. Abolishes municipal officers electoral boards, township officers electoral boards, and education officers electoral boards and transfers their duties to the county officers electoral board of counties with a population of less than 3,000,000. Provides that if a municipality, township, or community college district is located in 2 or more counties, including a county with a population of 3,000,000 or more, the county officers electoral board of the county in which the principal office of the municipality, township, or community college district is located shall hear and pass upon objections to nominations of candidates. Makes conforming changes. Amends the Illinois Municipal Code to make a conforming change.
|
| |
| | A BILL FOR |
|
| | | HB2472 | | LRB100 09877 MLM 20048 b |
|
| 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 | 5 | | Sections 10-9 and 10-10 as follows:
| 6 | | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| 7 | | Sec. 10-9. The following electoral boards are designated | 8 | | for the
purpose of hearing and passing upon the objector's | 9 | | 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 or | 13 | | legislative offices that are in more than one county or are | 14 | | wholly located within a single county with a population of | 15 | | less than 3,000,000 and judicial
offices of districts, | 16 | | subcircuits, or circuits situated in more than one county, | 17 | | nominations
of candidates for the offices of State's | 18 | | attorney or regional superintendent
of schools to be | 19 | | elected from more than one county, and petitions for
| 20 | | proposed amendments to the Constitution of the State of | 21 | | Illinois as
provided for in Section 3 of Article XIV of the | 22 | | Constitution.
| 23 | | 2. The county officers electoral board of a county with |
| | | HB2472 | - 2 - | LRB100 09877 MLM 20048 b |
|
| 1 | | a population of less than 3,000,000 to hear and pass upon
| 2 | | objections to the nominations of candidates for county | 3 | | offices and judicial offices of a district, subcircuit, or
| 4 | | circuit coterminous with or less than a county, for any | 5 | | school district offices, for the office of multi-township | 6 | | assessor where candidates for
such office are nominated in | 7 | | accordance with this Code, for officers of municipalities, | 8 | | for township officers, for offices in community college | 9 | | districts, and for all special
district offices, shall be | 10 | | composed of the county clerk, or an assistant
designated by | 11 | | the county clerk, the State's attorney of the county or
an | 12 | | Assistant State's Attorney designated by the State's | 13 | | Attorney, and the
clerk of the circuit court, or an | 14 | | assistant designated by the clerk of
the circuit court, of | 15 | | the county, of whom the county clerk or his designee
shall | 16 | | be the chairman, except that in any county which has | 17 | | established a
county board of election commissioners that | 18 | | board
shall constitute the county officers electoral board | 19 | | ex-officio. If a school district , municipality, township, | 20 | | or community college district is located in 2 or more | 21 | | counties, the county officers electoral board of the county | 22 | | in which the principal office of the school district , | 23 | | municipality, township, or community college district is | 24 | | located shall hear and pass upon objections to nominations | 25 | | of candidates for school district office in that school | 26 | | district , municipality, township, or community college |
| | | HB2472 | - 3 - | LRB100 09877 MLM 20048 b |
|
| 1 | | district .
| 2 | | 2.5. The county officers electoral board of a county | 3 | | with a population of 3,000,000 or more to hear and
pass | 4 | | upon objections to the nominations of candidates for county | 5 | | offices, candidates for congressional and legislative | 6 | | offices if the district is wholly within a county with a | 7 | | population of 3,000,000 or more, unless the district is | 8 | | wholly or partially within the jurisdiction of a municipal | 9 | | board of election commissioners, and judicial offices of a | 10 | | district, subcircuit, or circuit coterminous with or less | 11 | | than a county, for any school district offices, for the | 12 | | office of multi-township assessor where candidates for | 13 | | such office are nominated in accordance with this Code, and | 14 | | for all special district offices, shall be composed of the | 15 | | county clerk, or an assistant designated by the county | 16 | | clerk, the State's Attorney of the county or an Assistant | 17 | | State's Attorney designated by the State's Attorney, and | 18 | | the clerk of the circuit court, or an assistant designated | 19 | | by the clerk of the circuit court, of the county, of whom | 20 | | the county clerk or his designee shall be the chairman, | 21 | | except that, in any county which has established a county | 22 | | board of election commissioners, that board shall | 23 | | constitute the county officers electoral board ex-officio. | 24 | | If a school district , municipality, township, or community | 25 | | college district is located in 2 or more counties, the | 26 | | county officers electoral board of the county in which the |
| | | HB2472 | - 4 - | LRB100 09877 MLM 20048 b |
|
| 1 | | principal office of the school district , municipality, | 2 | | township, or community college district is located shall | 3 | | hear and pass upon objections to nominations of candidates | 4 | | for school district office in that school district , | 5 | | municipality, township, or community college district . | 6 | | 3. (Blank). The municipal officers electoral board to | 7 | | hear and pass upon
objections to the nominations of | 8 | | candidates for officers of
municipalities shall be | 9 | | composed of the mayor or president of the board
of trustees | 10 | | of the city, village or incorporated town, and the city,
| 11 | | village or incorporated town clerk, and one member of the | 12 | | city council
or board of trustees, that member being | 13 | | designated who is eligible to
serve on the electoral board | 14 | | and has served the
greatest number of years as a member of | 15 | | the city council or board of
trustees, of whom the mayor or | 16 | | president of the board of trustees shall
be the chairman.
| 17 | | 4. (Blank). The township officers electoral board to | 18 | | pass upon objections to
the nominations of township | 19 | | officers shall be composed of the township
supervisor, the | 20 | | town clerk, and that eligible town trustee elected in the
| 21 | | township who has had the longest term of continuous service | 22 | | as town
trustee, of whom the township supervisor shall be | 23 | | the chairman.
| 24 | | 5. (Blank). The education officers electoral board to | 25 | | hear and pass upon
objections to the nominations of | 26 | | candidates for offices in
community college districts |
| | | HB2472 | - 5 - | LRB100 09877 MLM 20048 b |
|
| 1 | | shall be composed of the presiding officer of
the community | 2 | | college district board, who shall be the chairman,
the | 3 | | secretary of the community college district board and the
| 4 | | eligible elected community college board member who has the
| 5 | | longest term of continuous service as a board member.
| 6 | | 6. In all cases, however, where the Congressional, | 7 | | Legislative, or Representative
district is wholly or | 8 | | partially within the jurisdiction of a single municipal | 9 | | board of election
commissioners in Cook County and in all | 10 | | cases where the school district or special
district is | 11 | | wholly within the jurisdiction of a municipal board of
| 12 | | election commissioners and in all cases where the | 13 | | municipality or
township is wholly or partially within the | 14 | | jurisdiction of a municipal
board of election | 15 | | commissioners, the board of election commissioners
shall | 16 | | ex-officio constitute the electoral board.
| 17 | | For special districts situated in more than one county, the | 18 | | county officers
electoral board of the county in which the | 19 | | principal office of the district
is located has jurisdiction to | 20 | | hear and pass upon objections. For purposes
of this Section, | 21 | | "special districts" means all political subdivisions other
| 22 | | than counties, municipalities, townships and school and | 23 | | community college
districts.
| 24 | | In the event that any member of the county electoral board | 25 | | is a candidate for the office with relation to which the | 26 | | objector's petition is filed, he or she shall not be eligible |
| | | HB2472 | - 6 - | LRB100 09877 MLM 20048 b |
|
| 1 | | to serve on that board and shall not act as a member of the | 2 | | board and he or she shall be replaced by the county treasurer, | 3 | | and if he or she is ineligible to serve, by the sheriff of the | 4 | | county. In the event that any member of the appropriate board | 5 | | is a candidate
for the office with relation to which the | 6 | | objector's petition is filed,
he shall not be eligible to serve | 7 | | on that board and shall not act as
a member of the board and his | 8 | | place shall be filled as follows:
| 9 | | a. In the county officers electoral board by the county
| 10 | | treasurer, and if he or she is ineligible to serve, by the | 11 | | sheriff of the
county.
| 12 | | b. In the municipal officers electoral board by the | 13 | | eligible
elected city council or board of trustees member | 14 | | who has served the second
greatest number of years as a | 15 | | city council or board of trustees member.
| 16 | | c. In the township officers electoral board by the | 17 | | eligible
elected town trustee who has had the second | 18 | | longest term of continuous service
as a town trustee.
| 19 | | d. In the education officers electoral board by the | 20 | | eligible
elected community college district board member | 21 | | who has had the
second longest term of continuous service | 22 | | as a board member.
| 23 | | In the event that the chairman of the electoral board is | 24 | | ineligible
to act because of the fact that he or she is a | 25 | | candidate for the office with
relation to which the objector's | 26 | | petition is filed, then the substitute
chosen under the |
| | | HB2472 | - 7 - | LRB100 09877 MLM 20048 b |
|
| 1 | | provisions of this Section shall be the chairman; In
this case, | 2 | | the officer or board with whom the objector's petition is
| 3 | | filed, shall transmit the certificate of nomination or | 4 | | nomination papers
as the case may be, and the objector's | 5 | | petition to the substitute
chairman of the electoral board.
| 6 | | When 2 or more eligible individuals, by reason of their | 7 | | terms of service
on a city council or board of trustees, | 8 | | township board of
trustees, or community college district | 9 | | board , qualify to serve
on an electoral board, the one to serve | 10 | | shall be chosen by lot.
| 11 | | Any vacancies on an electoral board not otherwise filled | 12 | | pursuant to this
Section shall be filled by public members | 13 | | appointed by the Chief Judge of
the Circuit Court for the | 14 | | county wherein the electoral board hearing is
being held upon | 15 | | notification to the Chief Judge of such
vacancies. The Chief | 16 | | Judge shall be so notified by a member of the electoral
board | 17 | | or the officer or board with whom the objector's petition was | 18 | | filed.
In the event that none of the individuals designated by | 19 | | this Section to
serve on the electoral board are eligible, the | 20 | | chairman of an electoral
board shall be designated by the Chief | 21 | | Judge.
| 22 | | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
| 23 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| 24 | | Sec. 10-10. Within 24 hours after the receipt of the | 25 | | certificate of
nomination or nomination papers or proposed |
| | | HB2472 | - 8 - | LRB100 09877 MLM 20048 b |
|
| 1 | | question of public
policy, as the case may be, and the | 2 | | objector's petition, the chairman
of the electoral board other | 3 | | than the State Board of Elections shall
send a call by | 4 | | registered or certified mail to each of the members of the
| 5 | | electoral board, and to the objector who filed the objector's | 6 | | petition, and
either to the candidate whose certificate of | 7 | | nomination or nomination
papers are objected to or to the | 8 | | principal proponent or attorney for
proponents of a question of | 9 | | public policy, as the case may be, whose
petitions are objected | 10 | | to, and shall also cause the sheriff of the county
or counties | 11 | | in which such officers and persons reside to serve a copy of
| 12 | | such call upon each of such officers and persons, which call | 13 | | shall set out
the fact that the electoral board is required to | 14 | | meet to hear and pass upon
the objections to nominations made | 15 | | for the office, designating it, and
shall state the day, hour | 16 | | and place at which the electoral board shall meet
for the | 17 | | purpose, which place shall be in the
county court house in the | 18 | | county in the case of the County Officers
Electoral Board , the | 19 | | Municipal Officers Electoral Board, the Township
Officers | 20 | | Electoral Board or the Education Officers Electoral Board, | 21 | | except that the Municipal Officers Electoral Board, the | 22 | | Township Officers Electoral Board, and the Education Officers | 23 | | Electoral Board may meet at the location where the governing | 24 | | body of the municipality, township, or community college | 25 | | district, respectively, holds its regularly scheduled | 26 | | meetings, if that location is available ; provided that voter |
| | | HB2472 | - 9 - | LRB100 09877 MLM 20048 b |
|
| 1 | | records may be removed from the offices of an election | 2 | | authority only at the discretion and under the supervision of | 3 | | the election authority.
In
those cases where the State Board of | 4 | | Elections is the electoral board
designated under Section 10-9, | 5 | | the chairman of the State Board of Elections
shall, within 24 | 6 | | hours after the receipt of the certificate of nomination
or | 7 | | nomination papers or petitions for a proposed amendment to | 8 | | Article IV of
the Constitution or proposed statewide question | 9 | | of public policy, send a
call by registered or certified mail | 10 | | to the objector who files the
objector's petition, and either | 11 | | to the candidate whose certificate of
nomination or nomination | 12 | | papers are objected to or to the principal
proponent or | 13 | | attorney for proponents of the proposed Constitutional
| 14 | | amendment or statewide question of public policy and shall | 15 | | state the day,
hour, and place at which the electoral board | 16 | | shall meet for the purpose,
which place may be in the Capitol | 17 | | Building or in the principal or permanent
branch office of the | 18 | | State Board. The day of the meeting shall not be less
than 3 | 19 | | nor more than 5 days after the receipt of the certificate of
| 20 | | nomination or nomination papers and the objector's petition by | 21 | | the chairman
of the electoral board.
| 22 | | The electoral board shall have the power to administer | 23 | | oaths and to
subpoena and examine witnesses and, at the request | 24 | | of either party and only upon a vote by a majority of its | 25 | | members, may authorize the
chairman to issue subpoenas | 26 | | requiring the attendance of witnesses and
subpoenas duces tecum |
| | | HB2472 | - 10 - | LRB100 09877 MLM 20048 b |
|
| 1 | | requiring the production of such books, papers,
records and | 2 | | documents as may be evidence of any matter under inquiry
before | 3 | | the electoral board, in the same manner as witnesses are
| 4 | | subpoenaed in the Circuit Court.
| 5 | | Service of such subpoenas shall be made by any sheriff or | 6 | | other
person in the same manner as in cases in such court and | 7 | | the fees of such
sheriff shall be the same as is provided by | 8 | | law, and shall be paid by
the objector or candidate who causes | 9 | | the issuance of the subpoena. In
case any person so served | 10 | | shall knowingly neglect or refuse to obey any
such subpoena, or | 11 | | to testify, the electoral board shall at once file a
petition | 12 | | in the circuit court of the county in which such hearing is to
| 13 | | be heard, or has been attempted to be heard, setting forth the | 14 | | facts, of
such knowing refusal or neglect, and accompanying the | 15 | | petition with a
copy of the citation and the answer, if one has | 16 | | been filed, together
with a copy of the subpoena and the return | 17 | | of service thereon, and shall
apply for an order of court | 18 | | requiring such person to attend and testify,
and forthwith | 19 | | produce books and papers, before the electoral board. Any
| 20 | | circuit court of the state, excluding the judge who is sitting | 21 | | on the electoral
board, upon such showing shall order such | 22 | | person to appear and testify,
and to forthwith produce such | 23 | | books and papers, before the electoral board
at a place to be | 24 | | fixed by the court. If such person shall knowingly fail
or | 25 | | refuse to obey such order of the court without lawful excuse, | 26 | | the court
shall punish him or her by fine and imprisonment, as |
| | | HB2472 | - 11 - | LRB100 09877 MLM 20048 b |
|
| 1 | | the nature of the case
may require and may be lawful in cases | 2 | | of contempt of court.
| 3 | | The electoral board on the first day of its meeting shall | 4 | | adopt rules
of procedure for the introduction of evidence and | 5 | | the presentation of
arguments and may, in its discretion, | 6 | | provide for the filing of briefs
by the parties to the | 7 | | objection or by other interested persons.
| 8 | | In the event of a State Electoral Board hearing on | 9 | | objections to a
petition for an amendment to Article IV of the | 10 | | Constitution
pursuant to Section 3 of Article XIV of the | 11 | | Constitution, or to a
petition for a question of public policy | 12 | | to be submitted to the
voters of the entire State, the | 13 | | certificates of the county clerks and boards
of election | 14 | | commissioners showing the results of the random sample of
| 15 | | signatures on the petition shall be prima facie valid and | 16 | | accurate, and
shall be presumed to establish the number of | 17 | | valid and invalid
signatures on the petition sheets reviewed in | 18 | | the random sample, as prescribed
in Section 28-11 and 28-12 of | 19 | | this Code. Either party, however, may introduce
evidence at | 20 | | such hearing to dispute the findings as to particular | 21 | | signatures.
In addition to the foregoing, in the absence of | 22 | | competent evidence presented
at such hearing by a party | 23 | | substantially challenging the results of a random
sample, or | 24 | | showing a different result obtained by an additional sample,
| 25 | | this certificate of a county clerk or board of election | 26 | | commissioners shall
be presumed to establish the ratio of valid |
| | | HB2472 | - 12 - | LRB100 09877 MLM 20048 b |
|
| 1 | | to invalid signatures within
the particular election | 2 | | jurisdiction.
| 3 | | The electoral board shall take up the question as to | 4 | | whether or not
the certificate of nomination or nomination | 5 | | papers or petitions are in
proper form, and whether or not they | 6 | | were filed within the time and
under the conditions required by | 7 | | law, and whether or not they are the
genuine certificate of | 8 | | nomination or nomination papers or petitions
which they purport | 9 | | to be, and whether or not in the case of the
certificate of | 10 | | nomination in question it represents accurately the
decision of | 11 | | the caucus or convention issuing it, and in general shall
| 12 | | decide whether or not the certificate of nomination or | 13 | | nominating papers
or petitions on file are valid or whether the | 14 | | objections thereto should
be sustained and the decision of a | 15 | | majority of the electoral board shall
be final subject to | 16 | | judicial review as provided in Section 10-10.1. The
electoral | 17 | | board must state its findings in writing and must state in
| 18 | | writing which objections, if any, it has sustained. A copy of | 19 | | the decision shall be served upon the parties to the | 20 | | proceedings in open proceedings before the electoral board. If | 21 | | a party does not appear for receipt of the decision, the | 22 | | decision shall be deemed to have been served on the absent | 23 | | party on the date when a copy of the decision is personally | 24 | | delivered or on the date when a copy of the decision is | 25 | | deposited in the United States mail, in a sealed envelope or | 26 | | package, with postage prepaid, addressed to each party affected |
| | | HB2472 | - 13 - | LRB100 09877 MLM 20048 b |
|
| 1 | | by the decision or to such party's attorney of record, if any, | 2 | | at the address on record for such person in the files of the | 3 | | electoral board.
| 4 | | Upon the expiration of the period within which a proceeding | 5 | | for
judicial review must be commenced under Section 10-10.1, | 6 | | the electoral
board shall, unless a proceeding for judicial | 7 | | review has been commenced
within such period, transmit, by | 8 | | registered or certified mail, a
certified copy of its ruling, | 9 | | together with the original certificate of
nomination or | 10 | | nomination papers or petitions and the original objector's
| 11 | | petition, to the officer or board with whom the certificate of
| 12 | | nomination or nomination papers or petitions, as objected to, | 13 | | were on
file, and such officer or board shall abide by and | 14 | | comply with the
ruling so made to all intents and purposes.
| 15 | | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78, | 16 | | eff. 7-20-15; 99-642, eff. 7-28-16.)
| 17 | | Section 10. The Illinois Municipal Code is amended by | 18 | | changing Section 7-7-11 as follows:
| 19 | | (65 ILCS 5/7-7-11) (from Ch. 24, par. 7-7-11)
| 20 | | Sec. 7-7-11.
Elections of Initial Officers of Consolidated
| 21 | | Municipalities. (a) The day of the first election of officers | 22 | | of the
consolidated municipality shall be the next consolidated | 23 | | election
established pursuant to Section 2A-1.1 of The Election | 24 | | Code, as now or
hereafter amended, following the consolidation |
| | | HB2472 | - 14 - | LRB100 09877 MLM 20048 b |
|
| 1 | | referendum. The day of the
first primary election of officers | 2 | | of the consolidated municipality shall
be the next consolidated | 3 | | primary election pursuant to Section 2A-1.1 of The
Election | 4 | | Code, as now or hereafter amended, following the consolidation | 5 | | referendum.
| 6 | | (b) The first election of officers of the consolidated | 7 | | municipality
shall be conducted in accordance with The Election | 8 | | Code, as now or
hereafter amended, except that the duties of | 9 | | the local election official
and boards set forth in The | 10 | | Election Code shall be performed by the
officers designated in | 11 | | subsection (c) of this Section and the nominating
petitions | 12 | | shall meet the requirements of subsection (d) of this Section.
| 13 | | All elections after such first election of officers shall be | 14 | | conducted in
accordance with The Election Code, as now or | 15 | | hereafter amended.
| 16 | | (c) For the first election of officers of the consolidated | 17 | | municipality,
the municipal clerk of one of the consolidating | 18 | | municipalities in which the
consolidation ordinance was | 19 | | approved by referendum, who shall be designated
by the | 20 | | consolidation ordinance, shall perform the duties required of | 21 | | the
local election official by The Election Code. For such | 22 | | first election of
officers, the municipal clerks of all of the | 23 | | municipalities in which the
consolidation ordinance was | 24 | | approved by referendum shall constitute an
electoral board to | 25 | | perform the duties required of the municipal officers
electoral | 26 | | board by The Election Code and shall also constitute a |
| | | HB2472 | - 15 - | LRB100 09877 MLM 20048 b |
|
| 1 | | canvassing
board to perform the duties required of officers | 2 | | charged by The Election
Code with the duties of canvassing | 3 | | returns.
| 4 | | (d) For the first election of officers of the consolidated | 5 | | municipality,
with respect to the number of signatures required | 6 | | by The Election Code for
nominating petitions for partisan | 7 | | candidates, the number of qualified
primary electors in each | 8 | | consolidating municipality in which the
consolidation | 9 | | ordinance was approved by referendum shall be added together
to | 10 | | derive a sum which shall be deemed the number of qualified | 11 | | primary
electors of the consolidated municipality. For such | 12 | | first election of
officers, with respect to the number of | 13 | | signatures required by The Election
Code for nominating | 14 | | petitions for independent candidates and candidates of
newly | 15 | | formed political parties, the number of voters in each | 16 | | consolidating
municipality in which the consolidation | 17 | | ordinance was approved by
referendum who voted at the next | 18 | | preceding regular election in each
consolidating municipality | 19 | | shall be added together to derive a sum which
shall be deemed | 20 | | the number of persons voting in the next preceding election
in | 21 | | which the consolidated municipality voted as a unit.
| 22 | | (e) The earliest date for circulation of nominating | 23 | | petitions for the
first election of officers of the | 24 | | consolidated municipality and the filing
date for such | 25 | | petitions shall be as established by The Election Code, as
now | 26 | | or hereafter amended; provided, however, that nothing in The |
| | | HB2472 | - 16 - | LRB100 09877 MLM 20048 b |
|
| 1 | | Election
Code or in this Code shall be construed as preventing | 2 | | the circulation of
nominating petitions for such first election | 3 | | prior to the date of the
consolidation referendum, so long as | 4 | | the requirements of The Election Code,
as now or hereafter | 5 | | amended, relating to the earliest date for such
circulation are | 6 | | otherwise met.
| 7 | | (Source: P.A. 85-1159.)
|
|