Full Text of SB3742 96th General Assembly
SB3742eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 10-8 as follows:
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| (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
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| 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
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| for a public question, with the following exceptions:
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| A. In the case of petitions to amend Article IV of the
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| 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.
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| 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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| 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
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| shall transmit a copy by registered mail or receipted personal |
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| 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
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| 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
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| 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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| 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.
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| 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:
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| 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. |
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23 | | -------- | not | Signer's | Signer |
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| 1 | | -- | registered | signature | resides |
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2 | | LINE # | at address | not | outside |
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3 | | | shown | genuine | District |
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4 | | 1 | | | |
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5 | | 2 | | | |
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6 | | 3 | | | |
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7 | | Objection | d. | e. Signer | f. Other |
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8 | | ------- | Signer's | signed | (Must |
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9 | | -- | address | Petition | specify |
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10 | | LINE # | missing or | more than | legal |
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11 | | | incomplete | once at | basis for |
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12 | | | | Sheet/Line | objection) |
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13 | | | | indicated | |
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14 | | 1 | | | |
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15 | | 2 | | | |
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16 | | 3 | | | |
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| 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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| 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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