Full Text of HB4491 102nd General Assembly
HB4491 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4491 Introduced 1/21/2022, by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/10-10 | from Ch. 46, par. 10-10 | 10 ILCS 5/28-3 | from Ch. 46, par. 28-3 | 10 ILCS 5/28-9 | from Ch. 46, par. 28-9 | 10 ILCS 5/28-11 | from Ch. 46, par. 28-11 | 10 ILCS 5/28-12 | from Ch. 46, par. 28-12 | 10 ILCS 5/28-13 | from Ch. 46, par. 28-13 |
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Amends the Election Code. Removes provisions specifying petition and referenda requirements for proposed statewide advisory public questions. Modifies the procedures for: petition signature sample verification, including removing specified responsibilities of election authorities; valid signature calculation; and petition verification watchers. Makes conforming changes. Makes other changes. 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 10-10, 28-3, 28-9, 28-11, 28-12, and 28-13 as | 6 | | follows:
| 7 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| 8 | | Sec. 10-10. Within 24 hours after the receipt of the | 9 | | certificate of
nomination or nomination papers or proposed | 10 | | question of public
policy, as the case may be, and the | 11 | | objector's petition, the chair
of the electoral board other | 12 | | than the State Board of Elections shall
send a call by | 13 | | registered or certified mail to each of the members of the
| 14 | | electoral board, and to the objector who filed the objector's | 15 | | petition, and
either to the candidate whose certificate of | 16 | | nomination or nomination
papers are objected to or to the | 17 | | principal proponent or attorney for
proponents of a question | 18 | | of public policy, as the case may be, whose
petitions are | 19 | | objected to, and shall also cause the sheriff of the county
or | 20 | | counties in which such officers and persons reside to serve a | 21 | | copy of
such call upon each of such officers and persons, which | 22 | | call shall set out
the fact that the electoral board is | 23 | | required to meet to hear and pass upon
the objections to |
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| 1 | | nominations made for the office, designating it, and
shall | 2 | | state the day, hour and place at which the electoral board | 3 | | shall meet
for the purpose, which place shall be in the
county | 4 | | court house in the county in the case of the County Officers
| 5 | | Electoral Board, the Municipal Officers Electoral Board, the | 6 | | Township
Officers Electoral Board or the Education Officers | 7 | | Electoral Board, except that the Municipal Officers Electoral | 8 | | Board, the Township Officers Electoral Board, and the | 9 | | Education Officers Electoral Board may meet at the location | 10 | | where the governing body of the municipality, township, or | 11 | | community college district, respectively, holds its regularly | 12 | | scheduled meetings, if that location is available; provided | 13 | | that voter records may be removed from the offices of an | 14 | | election authority only at the discretion and under the | 15 | | supervision of the election authority.
In
those cases where | 16 | | the State Board of Elections is the electoral board
designated | 17 | | under Section 10-9, the chair of the State Board of Elections
| 18 | | shall, within 24 hours after the receipt of the certificate of | 19 | | nomination
or nomination papers or petitions for a proposed | 20 | | amendment to Article IV of
the Constitution or proposed | 21 | | statewide question of public policy, send a
call by registered | 22 | | or certified mail to the objector who files the
objector's | 23 | | petition, and either to the candidate whose certificate of
| 24 | | nomination or nomination papers are objected to or to the | 25 | | principal
proponent or attorney for proponents of the proposed | 26 | | Constitutional
amendment or statewide question of public |
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| 1 | | policy and shall state the day,
hour, and place at which the | 2 | | electoral board shall meet for the purpose,
which place may be | 3 | | in the Capitol Building or in the principal or permanent
| 4 | | branch office of the State Board. The day of the meeting shall | 5 | | not be less
than 3 nor more than 5 days after the receipt of | 6 | | the certificate of
nomination or nomination papers and the | 7 | | objector's petition by the chair
of the electoral board.
| 8 | | The electoral board shall have the power to administer | 9 | | oaths and to
subpoena and examine witnesses and, at the | 10 | | request of either party and only upon a vote by a majority of | 11 | | its members, may authorize the chair
to issue subpoenas | 12 | | requiring the attendance of witnesses and
subpoenas duces | 13 | | tecum requiring the production of such books, papers,
records | 14 | | and documents as may be evidence of any matter under inquiry
| 15 | | before the electoral board, in the same manner as witnesses | 16 | | are
subpoenaed in the Circuit Court.
| 17 | | Service of such subpoenas shall be made by any sheriff or | 18 | | other
person in the same manner as in cases in such court and | 19 | | the fees of such
sheriff shall be the same as is provided by | 20 | | law, and shall be paid by
the objector or candidate who causes | 21 | | the issuance of the subpoena. In
case any person so served | 22 | | shall knowingly neglect or refuse to obey any
such subpoena, | 23 | | or to testify, the electoral board shall at once file a
| 24 | | petition in the circuit court of the county in which such | 25 | | hearing is to
be heard, or has been attempted to be heard, | 26 | | setting forth the facts, of
such knowing refusal or neglect, |
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| 1 | | and accompanying the petition with a
copy of the citation and | 2 | | the answer, if one has been filed, together
with a copy of the | 3 | | subpoena and the return of service thereon, and shall
apply | 4 | | for an order of court requiring such person to attend and | 5 | | testify,
and forthwith produce books and papers, before the | 6 | | electoral board. Any
circuit court of the state, excluding the | 7 | | judge who is sitting on the electoral
board, upon such showing | 8 | | shall order such person to appear and testify,
and to | 9 | | forthwith produce such books and papers, before the electoral | 10 | | board
at a place to be fixed by the court. If such person shall | 11 | | knowingly fail
or refuse to obey such order of the court | 12 | | without lawful excuse, the court
shall punish him or her by | 13 | | fine and imprisonment, as the nature of the case
may require | 14 | | and may be lawful in cases of contempt of court.
| 15 | | The electoral board on the first day of its meeting shall | 16 | | adopt rules
of procedure for the introduction of evidence and | 17 | | the presentation of
arguments and may, in its discretion, | 18 | | provide for the filing of briefs
by the parties to the | 19 | | objection or by other interested persons.
| 20 | | In the event of a State Electoral Board hearing on | 21 | | objections to a
petition for an amendment to Article IV of the | 22 | | Constitution
pursuant to Section 3 of Article XIV of the | 23 | | Constitution, proposed statewide advisory public question, or | 24 | | to a
petition for a question of public policy to be submitted | 25 | | to the
voters of the entire State, the certificates of the | 26 | | county clerks and boards
of election commissioners showing the |
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| 1 | | results of the random sample of
signatures on the petition | 2 | | shall be prima facie valid and accurate, and
shall be presumed | 3 | | to establish the number of valid and invalid
signatures on the | 4 | | petition sheets reviewed in the random sample , as prescribed
| 5 | | in Section 28-11 and 28-12 of this Code. Either party, | 6 | | however, may introduce
evidence at such hearing to dispute the | 7 | | findings as to particular signatures.
In addition to the | 8 | | foregoing, in the absence of competent evidence presented
at | 9 | | such hearing by a party substantially challenging the results | 10 | | of a random
sample, such results or showing a different result | 11 | | obtained by an additional sample,
this certificate of a county | 12 | | clerk or board of election commissioners shall
be presumed to | 13 | | establish the ratio of valid to invalid signatures on the | 14 | | petition within
the particular election jurisdiction .
| 15 | | The electoral board shall take up the question as to | 16 | | whether or not
the certificate of nomination or nomination | 17 | | papers or petitions are in
proper form, and whether or not they | 18 | | were filed within the time and
under the conditions required | 19 | | by law, and whether or not they are the
genuine certificate of | 20 | | nomination or nomination papers or petitions
which they | 21 | | purport to be, and whether or not in the case of the
| 22 | | certificate of nomination in question it represents accurately | 23 | | the
decision of the caucus or convention issuing it, and in | 24 | | general shall
decide whether or not the certificate of | 25 | | nomination or nominating papers
or petitions on file are valid | 26 | | or whether the objections thereto should
be sustained and the |
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| 1 | | decision of a majority of the electoral board shall
be final | 2 | | subject to judicial review as provided in Section 10-10.1. The
| 3 | | electoral board must state its findings in writing and must | 4 | | state in
writing which objections, if any, it has sustained. A | 5 | | copy of the decision shall be served upon the parties to the | 6 | | proceedings in open proceedings before the electoral board. If | 7 | | a party does not appear for receipt of the decision, the | 8 | | decision shall be deemed to have been served on the absent | 9 | | party on the date when a copy of the decision is personally | 10 | | delivered or on the date when a copy of the decision is | 11 | | deposited in the United States mail, in a sealed envelope or | 12 | | package, with postage prepaid, addressed to each party | 13 | | affected by the decision or to such party's attorney of | 14 | | record, if any, at the address on record for such person in the | 15 | | files of the electoral board.
| 16 | | Upon the expiration of the period within which a | 17 | | proceeding for
judicial review must be commenced under Section | 18 | | 10-10.1, the electoral
board shall, unless a proceeding for | 19 | | judicial review has been commenced
within such period, | 20 | | transmit, by registered or certified mail, a
certified copy of | 21 | | its ruling, together with the original certificate of
| 22 | | nomination or nomination papers or petitions and the original | 23 | | objector's
petition, to the officer or board with whom the | 24 | | certificate of
nomination or nomination papers or petitions, | 25 | | as objected to, were on
file, and such officer or board shall | 26 | | abide by and comply with the
ruling so made to all intents and |
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| 1 | | purposes.
| 2 | | (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16; | 3 | | 100-1027, eff. 1-1-19 .)
| 4 | | (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
| 5 | | Sec. 28-3. Form of petition for public question. Petitions | 6 | | for the
submission of public questions shall
consist of sheets | 7 | | of uniform size and each sheet shall contain, above
the space | 8 | | for signature, an appropriate heading, giving the information
| 9 | | as to the question of public policy to be submitted, and | 10 | | specifying the
state at large or the political subdivision or | 11 | | district or precinct or
combination of precincts or other | 12 | | territory in which it is to be submitted and,
where by law the | 13 | | public question must be submitted at a particular election,
| 14 | | the election at which it is to be submitted. In the case of a | 15 | | petition for the
submission of a public question described in | 16 | | subsection (b) of Section 28-6,
the heading shall also specify | 17 | | the regular election at which the question is to
be submitted | 18 | | and include the precincts included in the territory concerning
| 19 | | which the public question is to be submitted, as well as a | 20 | | common description
of such territory in plain and nonlegal | 21 | | language, such description to describe
the territory by | 22 | | reference to streets, natural or artificial landmarks,
| 23 | | addresses or any other method which would enable a voter | 24 | | signing the petition
to be informed of the territory | 25 | | concerning which the question is to be
submitted. The heading |
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| 1 | | of each sheet shall be the same. Such petition shall be
signed | 2 | | by the registered voters of the political subdivision or | 3 | | district or
precinct or combination of precincts in which the | 4 | | question of public policy is
to be submitted in their own | 5 | | proper persons only, and opposite the
signature of each signer | 6 | | his residence address shall be written or
printed, which | 7 | | residence address shall include the street address or
rural | 8 | | route number of the signer, as the case may be, as well as the
| 9 | | signer's county, and city, village or town, and state; | 10 | | provided that
the county or city, village or
town, and state of | 11 | | residence of such electors may be printed on the
petition | 12 | | forms where all of the electors signing the petition
reside in | 13 | | the same county or city, village or town, and state. Standard
| 14 | | abbreviations may be used in writing the residence address, | 15 | | including
street number, if any. No signature shall be valid | 16 | | or be counted in
considering the validity or sufficiency of | 17 | | such petition unless the
requirements of this Section are | 18 | | complied with.
| 19 | | At the bottom of each sheet of such petition shall be added | 20 | | a
circulator's statement, signed by a person 18 years of age or | 21 | | older who
is a citizen of the United States, stating the street | 22 | | address or rural route
number, as the case may be, as well as | 23 | | the county,
city,
village or town, and state; certifying that | 24 | | the signatures on that sheet of
the
petition were signed in his | 25 | | or her presence and are genuine, and that to
the best
of his or | 26 | | her knowledge and belief the persons so signing were at the |
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| 1 | | time
of
signing the petition registered voters of the | 2 | | political subdivision or
district or precinct or combination | 3 | | of precincts in which the question of
public policy is to be | 4 | | submitted and that their respective residences are
correctly | 5 | | stated therein. Such statement shall be sworn to before some
| 6 | | officer authorized to administer oaths in this State.
| 7 | | Such sheets, before being filed with the proper officer or | 8 | | board
shall be bound securely and numbered consecutively. The | 9 | | sheets shall not be
fastened by pasting them together end to | 10 | | end, so as to form a continuous strip
or roll. All petition | 11 | | sheets which are filed with the proper local election
| 12 | | officials, election authorities or the State Board of | 13 | | Elections shall be the
original sheets which have been signed | 14 | | by the voters and by the circulator, and
not photocopies or | 15 | | duplicates of such sheets. A petition, when presented or
| 16 | | filed, shall not be withdrawn, altered, or added to, and no | 17 | | signature shall be
revoked except by revocation in writing | 18 | | presented or filed with the board or
officer with whom the | 19 | | petition is required to be presented or filed, and before
the | 20 | | presentment or filing of such petition, except as may | 21 | | otherwise be provided
in another statute which authorize the | 22 | | public question. Whoever forges any name
of a signer upon any | 23 | | petition shall be deemed guilty of a forgery, and on
| 24 | | conviction thereof, shall be punished accordingly.
| 25 | | In addition to the foregoing requirements, a petition | 26 | | proposing an amendment
to Article IV of the Constitution |
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| 1 | | pursuant to Section 3 of Article XIV of
the Constitution , a | 2 | | petition proposing a statewide advisory public question, or a | 3 | | petition proposing a question of public policy to
be submitted | 4 | | to the voters of the entire State shall be in conformity with
| 5 | | the requirements of Section 28-9 of this Article.
| 6 | | If multiple sets of petitions for submission of the same | 7 | | public
questions are filed, the State Board of Elections, | 8 | | appropriate election
authority or local election official | 9 | | where the petitions are filed shall
within 2 business days | 10 | | notify the proponent of his or her multiple petition
filings | 11 | | and that proponent has 3 business days after receipt of the | 12 | | notice
to notify the State Board of Elections, appropriate | 13 | | election authority or
local election official that he or she | 14 | | may cancel prior sets of petitions.
If the proponent notifies | 15 | | the State Board of Elections, appropriate
election authority | 16 | | or local election official, the last set of petitions
filed | 17 | | shall be the only petitions to be considered valid by the State | 18 | | Board
of Elections, appropriate election authority or local | 19 | | election official. If the
proponent fails to notify the State | 20 | | Board of Elections, appropriate
election authority or local | 21 | | election official then only the first set of
petitions filed | 22 | | shall be valid and all subsequent petitions shall be void.
| 23 | | (Source: P.A. 98-756, eff. 7-16-14.)
| 24 | | (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
| 25 | | Sec. 28-9.
Petitions for proposed amendments to Article IV |
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| 1 | | of the
Constitution pursuant to Section 3, Article XIV of the | 2 | | Constitution shall be
signed by a number of electors equal in | 3 | | number to at least 8% of the total
votes cast for candidates | 4 | | for Governor in the preceding gubernatorial election.
Such | 5 | | petition shall have been signed by the petitioning electors | 6 | | not more than
24 months preceding the general election at | 7 | | which the proposed amendment is to
be submitted and shall be | 8 | | filed with the Secretary of State at least 6 months
before that | 9 | | general election.
| 10 | | Upon receipt of a petition for a proposed Constitutional | 11 | | amendment, the
Secretary of State shall, as soon as is | 12 | | practicable, but no later than the
close of the next business | 13 | | day, deliver such petition to the State Board of
Elections.
| 14 | | Petitions for advisory questions of public policy to be | 15 | | submitted to the
voters of the entire State shall be signed by | 16 | | a number of voters
equal in number to 8% of the total votes | 17 | | cast for candidates for Governor in
the preceding | 18 | | gubernatorial election. Such petition shall have been signed | 19 | | by
said petitioners not more than 24 months preceding the date | 20 | | of the general
election at which the question is to be | 21 | | submitted and shall be filed with the
State Board of Elections | 22 | | at least 6 months before that general election.
| 23 | | The proponents of the proposed statewide advisory
public | 24 | | question shall file the original petition in bound
sections. | 25 | | Each section shall be composed of consecutively numbered | 26 | | petition
sheets containing only the signatures of registered |
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| 1 | | voters.
Any petition sheets not consecutively numbered or | 2 | | which contain duplicate
page numbers already used on other | 3 | | sheets, or are photocopies or duplicates
of the original | 4 | | sheets, shall not be considered part of the petition for
the | 5 | | purpose of the random sampling verification and shall not be | 6 | | counted
toward the minimum number of signatures required to | 7 | | qualify the proposed
statewide advisory public question for | 8 | | the ballot.
| 9 | | Within 7 business days following the last day for filing | 10 | | the original
petition, the proponents shall also file copies | 11 | | of the petition sheets with each proper election authority
and | 12 | | obtain a receipt therefor.
| 13 | | For purposes of this Act, the following terms shall be | 14 | | defined and construed
as follows:
| 15 | | 1. "Board" means the State Board of Elections.
| 16 | | 2. "Election Authority" means a county clerk or city or | 17 | | county board of
election commissioners.
| 18 | | 3. (Blank).
| 19 | | 4. "Proponents" means any person, association, committee, | 20 | | organization
or other group, or their designated | 21 | | representatives, who advocate and cause
the circulation and | 22 | | filing of petitions for a statewide advisory question
of | 23 | | public policy or a proposed constitutional amendment for | 24 | | submission at
a general election and who has registered with | 25 | | the Board as provided in
this Act.
| 26 | | 5. "Opponents" means any person, association, committee, |
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| 1 | | organization
or other group, or their designated | 2 | | representatives, who oppose a statewide
advisory question of | 3 | | public policy or a proposed constitutional amendment
for | 4 | | submission at a general election and who have registered with | 5 | | the Board
as provided in this Act.
| 6 | | (Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
| 7 | | (10 ILCS 5/28-11) (from Ch. 46, par. 28-11)
| 8 | | Sec. 28-11.
The Board shall design a standard and | 9 | | scientific random
sampling method for the verification of | 10 | | petition signatures for statewide advisory referenda and shall | 11 | | conduct
a public test to prove the validity of its sampling | 12 | | method. Notice of the
time and place for such test shall be | 13 | | given at least 10 days before the date
on which such test is to | 14 | | be conducted and in the manner prescribed for notice
of | 15 | | regular Board meetings. Signatures on petitions for | 16 | | constitutional amendments initiated pursuant to Article XIV, | 17 | | Section 3 of the Illinois Constitution or statewide advisory | 18 | | referenda need not be segregated by election jurisdiction. The | 19 | | Board shall design a an alternative signature verification | 20 | | method using random sampling for referenda initiated pursuant | 21 | | to Article XIV, Section 3 of the Illinois Constitution and | 22 | | statewide advisory referenda .
| 23 | | The Within 14 business days following the last day for the | 24 | | filing
of the original petition
as prescribed in Section 28-9, | 25 | | the Board shall apply its proven random sampling
method to the |
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| 1 | | petition sheets in each election jurisdiction section for
the | 2 | | purpose of selecting and identifying the petition signatures | 3 | | to be included
in the sample signature verification to be | 4 | | conducted by the Board. for the respective jurisdictions and
| 5 | | shall prepare and transmit to each proper election authority a | 6 | | list by page
and line number of the signatures from its | 7 | | election jurisdiction selected
for verification.
| 8 | | For each election jurisdiction, the sample verification | 9 | | shall include an
examination of either (a) 10% of the | 10 | | signatures if 5,010 or more signatures
are involved; or (b) | 11 | | 500 signatures if more than 500 but less than 5,010
signatures | 12 | | are involved; or (c) all signatures if 500 or less signatures | 13 | | are involved.
| 14 | | The State Board of Elections Each election authority with | 15 | | whom jurisdictional copies of petition sheets
were filed shall | 16 | | determine the validity use the proven random sampling method | 17 | | designed and furnished
by the Board for the verification of | 18 | | those signatures contained in the sample shown on the list | 19 | | supplied
by the Board and in accordance with the following | 20 | | criteria for determination
of petition signature validity:
| 21 | | 1. Determine if the person who signed the petition is | 22 | | a registered voter
in that election jurisdiction or was a | 23 | | registered voter therein on the date
the petition was | 24 | | signed;
| 25 | | 2. Determine if the signature of the person who signed | 26 | | the petition reasonably
compares with the signature shown |
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| 1 | | on that person's registration record card.
| 2 | | The Board may adopt rules, as necessary, to implement the | 3 | | provisions of this Section. | 4 | | Within 14 business days following receipt from the Board | 5 | | of the
list of signatures
for verification, each election | 6 | | authority shall transmit a properly dated
certificate to the | 7 | | Board which shall indicate; (a) the page and line number
of | 8 | | petition signatures examined, (b) the validity or invalidity | 9 | | of such signatures,
and (c) the reasons for invalidity, based | 10 | | on the criteria heretofore prescribed.
The Board shall prepare | 11 | | and adopt a standard form of certificate for use
by the | 12 | | election authorities which shall be transmitted with the list | 13 | | of
signatures for verification.
| 14 | | Upon written request of the election authority that, due | 15 | | to the volume
of signatures in the sample for its | 16 | | jurisdiction, additional time is needed
to properly perform | 17 | | the signature verification, the Board may grant the
election | 18 | | authority additional days to complete the verification and | 19 | | transmit
the certificate of results. These certificates of | 20 | | random sample verification
results shall be available for | 21 | | public inspection within 24 hours after receipt
by the State | 22 | | Board of Elections.
| 23 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 24 | | (10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
| 25 | | Sec. 28-12.
Upon completion of the signature verification |
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| 1 | | for referenda initiated pursuant to Article XIV, Section 3 of | 2 | | the Illinois Constitution and statewide advisory referenda, | 3 | | Upon receipt of the certificates of the election authorities
| 4 | | showing the results of the sample signature verification, the | 5 | | Board shall:
| 6 | | 1. Based on the sample of signatures examined , | 7 | | calculate the ratio of invalid and or valid signatures
in | 8 | | each election jurisdiction .
| 9 | | 2. Apply the ratio of invalid to valid signatures in | 10 | | an election
jurisdiction sample to the total number of | 11 | | petition signatures submitted on the petition
from that | 12 | | election jurisdiction .
| 13 | | 3. Compute the degree of multiple signature | 14 | | contamination in each election
jurisdiction sample .
| 15 | | 4. Adjusting Adjust for multiple signature | 16 | | contamination and the number of invalid signatures,
| 17 | | project the total number of valid petition signatures | 18 | | submitted from each
election jurisdiction .
| 19 | | 5. (Blank). Aggregate the total number of projected | 20 | | valid signatures from each
election jurisdiction and | 21 | | project the total number of valid signatures on
the | 22 | | petition statewide.
| 23 | | If such statewide projection establishes a total number of | 24 | | valid petition
signatures less not greater than 95.0% of the | 25 | | minimum number of signatures required
to qualify the proposed | 26 | | statewide advisory
public question for the ballot, the |
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| 1 | | petition shall be presumed invalid;
provided that, prior to | 2 | | the last day for ballot certification for the general
| 3 | | election, the Board shall conduct a hearing for the purpose of | 4 | | allowing
the proponents to present competent evidence or an | 5 | | additional sample to
rebut the presumption of
invalidity. At | 6 | | the conclusion of such hearing, and after the resolution of | 7 | | any specific objection filed pursuant to Section 10-8 of this | 8 | | Code, the Board shall issue a
final order declaring the | 9 | | petition to be valid or invalid and shall, in
accordance with | 10 | | its order, certify or not certify the proposition for the | 11 | | ballot.
| 12 | | If such statewide projection establishes a total number of | 13 | | valid petition
signatures greater than 95.0% of the minimum | 14 | | number of signatures required
to qualify the proposed | 15 | | Constitutional amendment or statewide advisory
public question | 16 | | for the ballot, the results of the sample shall be considered
| 17 | | inconclusive and, if no specific objections to the petition | 18 | | are filed pursuant
to Section 10-8 of this Code, the Board | 19 | | shall issue a final order declaring
the petition to be valid | 20 | | and shall certify the proposition for the ballot.
| 21 | | In either event, the Board shall append to its final order | 22 | | the detailed
results of the sample from each election | 23 | | jurisdiction which shall include:
(a) specific page and line | 24 | | numbers of signatures actually verified or determined
to be | 25 | | invalid by the respective election authorities , and (b) the | 26 | | calculations
and projections performed by the Board for each |
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| 1 | | election jurisdiction .
| 2 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 3 | | (10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
| 4 | | Sec. 28-13.
Each political party and civic organization as | 5 | | well as the
registered proponents and opponents of a a | 6 | | petition for an amendment to Article IV of the Constitution | 7 | | pursuant to Section 3 of Article XIV of the Constitution, or | 8 | | proposed
statewide advisory public question shall be entitled | 9 | | to one watcher in
the office of the election authority to | 10 | | observe the conduct of the sample
signature verification and | 11 | | participate in any proceedings related thereto . However, in | 12 | | those election jurisdictions where
a 10% sample is required, | 13 | | the proponents and opponents may appoint no more than
5 | 14 | | assistant watchers in addition to the 1 principal watcher | 15 | | permitted herein.
| 16 | | Within 7 days following the last day for filing of the | 17 | | original petition,
the proponents and opponents shall certify | 18 | | in writing to the Board that they
publicly support or oppose | 19 | | the proposed statewide
advisory public question. The | 20 | | proponents and opponents of such questions shall
register the | 21 | | name and address of its group and the name and address of its | 22 | | chair
and designated agent for acceptance of service of | 23 | | notices with
the Board. Thereupon, the Board shall prepare a | 24 | | list of the registered
proponents and opponents and shall | 25 | | adopt a standard proponents' and opponents' watcher
credential |
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| 1 | | form. A copy of such list and sufficient copies of such | 2 | | credentials
shall be transmitted with the list for the sample | 3 | | signature verification
to the appropriate election | 4 | | authorities. Those election authorities shall
issue | 5 | | credentials to the permissible number of watchers for each | 6 | | proponent and opponent
group; provided, however, that a | 7 | | prospective watcher shall first present
to the election | 8 | | authority a letter of authorization signed by the chair
of the | 9 | | proponent or opponent group he or she represents.
| 10 | | Political party and qualified civic organization watcher | 11 | | credentials shall
be substantially in the form and shall be | 12 | | authorized in the manner prescribed
in Section 7-34 of this | 13 | | Code.
| 14 | | The rights and limitations of pollwatchers as prescribed | 15 | | by Section 7-34
of this Code, insofar as they may be made | 16 | | applicable, shall be applicable
to watchers at the conduct of | 17 | | the sample signature verification.
| 18 | | The principal watcher for the proponents and opponents may | 19 | | make signed written
objections to the Board relating to | 20 | | procedures observed during the conduct
of the sample signature | 21 | | verification which could materially affect the results
of the | 22 | | sample. Such written objections shall be presented to the | 23 | | election
authority and a copy mailed to the Board and shall be | 24 | | attached to the certificate
of sample results transmitted by | 25 | | the election authority to the Board.
| 26 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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