Full Text of SB0497 103rd General Assembly
SB0497eng 103RD GENERAL ASSEMBLY | | | SB0497 Engrossed | | LRB103 02948 AWJ 47954 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 | 5 | | Section 10-10 as follows: | 6 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10) | 7 | | Sec. 10-10. Within 24 hours after the receipt of the | 8 | | certificate of nomination or nomination papers or proposed | 9 | | question of public policy, as the case may be, and the | 10 | | objector's petition, the chair of the electoral board other | 11 | | than the State Board of Elections shall send a call by | 12 | | registered or certified mail: to each of the members of the | 13 | | electoral board; to the objector who filed the objector's | 14 | | petition; either to the candidate whose certificate of | 15 | | nomination or nomination papers are objected to or to the | 16 | | principal proponent or attorney for proponents of a question | 17 | | of public policy, as the case may be, whose petitions are | 18 | | objected to; to the election authority to whom the ballot is | 19 | | certified; and to the appropriate county clerk. The chair of | 20 | | the electoral board other than the State Board of Elections | 21 | | shall also cause the sheriff of the county or counties in which | 22 | | such officers and persons reside to serve a copy of such call | 23 | | upon each of such officers and persons, which call shall set |
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| 1 | | out the fact that the electoral board is required to meet to | 2 | | hear and pass upon the objections to nominations made for the | 3 | | office, designating it, and shall state the day, hour and | 4 | | place at which the electoral board shall meet for the purpose, | 5 | | which place shall be in the county court house in the county in | 6 | | the case of the County Officers Electoral Board, the Municipal | 7 | | Officers Electoral Board, the Township Officers Electoral | 8 | | Board or the Education Officers Electoral Board, except that | 9 | | the Municipal Officers Electoral Board, the Township Officers | 10 | | Electoral Board, and the Education Officers Electoral Board | 11 | | may meet at the location where the governing body of the | 12 | | municipality, township, or community college district, | 13 | | respectively, holds its regularly scheduled meetings, if that | 14 | | location is available; provided that voter records may be | 15 | | removed from the offices of an election authority only at the | 16 | | discretion and under the supervision of the election | 17 | | authority. In those cases where the State Board of Elections | 18 | | is the electoral board designated under Section 10-9, the | 19 | | chair of the State Board of Elections shall, within 24 hours | 20 | | after the receipt of the certificate of nomination or | 21 | | nomination papers or petitions for a proposed amendment to | 22 | | Article IV of the Constitution or proposed statewide question | 23 | | of public policy, send a call by registered or certified mail | 24 | | to the objector who files the objector's petition, and either | 25 | | to the candidate whose certificate of nomination or nomination | 26 | | papers are objected to or to the principal proponent or |
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| 1 | | attorney for proponents of the proposed Constitutional | 2 | | amendment or statewide question of public policy and shall | 3 | | state the day, hour, and place at which the electoral board | 4 | | shall meet for the purpose, which place may be in the Capitol | 5 | | Building or in the principal or permanent branch office of the | 6 | | State Board. The day of the meeting shall not be less than 3 | 7 | | nor more than 5 days after the receipt of the certificate of | 8 | | nomination or nomination papers and the objector's petition by | 9 | | the chair of the electoral board. | 10 | | The electoral board shall have the power to administer | 11 | | oaths and to subpoena and examine witnesses and, at the | 12 | | request of either party and only upon a vote by a majority of | 13 | | its members, may authorize the chair to issue subpoenas | 14 | | requiring the attendance of witnesses and subpoenas duces | 15 | | tecum requiring the production of such books, papers, records | 16 | | and documents as may be evidence of any matter under inquiry | 17 | | before the electoral board, in the same manner as witnesses | 18 | | are subpoenaed in the Circuit Court. | 19 | | Service of such subpoenas shall be made by any sheriff or | 20 | | other person in the same manner as in cases in such court and | 21 | | the fees of such sheriff shall be the same as is provided by | 22 | | law, and shall be paid by the objector or candidate who causes | 23 | | the issuance of the subpoena. In case any person so served | 24 | | shall knowingly neglect or refuse to obey any such subpoena, | 25 | | or to testify, the electoral board shall at once file a | 26 | | petition in the circuit court of the county in which such |
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| 1 | | hearing is to be heard, or has been attempted to be heard, | 2 | | setting forth the facts, of such knowing refusal or neglect, | 3 | | and accompanying the petition with a copy of the citation and | 4 | | the answer, if one has been filed, together with a copy of the | 5 | | subpoena and the return of service thereon, and shall apply | 6 | | for an order of court requiring such person to attend and | 7 | | testify, and forthwith produce books and papers, before the | 8 | | electoral board. Any circuit court of the state, excluding the | 9 | | judge who is sitting on the electoral board, upon such showing | 10 | | shall order such person to appear and testify, and to | 11 | | forthwith produce such books and papers, before the electoral | 12 | | board at a place to be fixed by the court. If such person shall | 13 | | knowingly fail or refuse to obey such order of the court | 14 | | without lawful excuse, the court shall punish him or her by | 15 | | fine and imprisonment, as the nature of the case may require | 16 | | and may be lawful in cases of contempt of court. | 17 | | The electoral board on the first day of its meeting shall | 18 | | adopt rules of procedure for the introduction of evidence and | 19 | | the presentation of arguments and may, in its discretion, | 20 | | provide for the filing of briefs by the parties to the | 21 | | objection or by other interested persons. | 22 | | In the event of a State Electoral Board hearing on | 23 | | objections to a petition for an amendment to Article IV of the | 24 | | Constitution pursuant to Section 3 of Article XIV of the | 25 | | Constitution, or to a petition for a question of public policy | 26 | | to be submitted to the voters of the entire State, the |
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| 1 | | certificates of the county clerks and boards of election | 2 | | commissioners showing the results of the random sample of | 3 | | signatures on the petition shall be prima facie valid and | 4 | | accurate, and shall be presumed to establish the number of | 5 | | valid and invalid signatures on the petition sheets reviewed | 6 | | in the random sample, as prescribed in Section 28-11 and 28-12 | 7 | | of this Code. Either party, however, may introduce evidence at | 8 | | such hearing to dispute the findings as to particular | 9 | | signatures. In addition to the foregoing, in the absence of | 10 | | competent evidence presented at such hearing by a party | 11 | | substantially challenging the results of a random sample, or | 12 | | showing a different result obtained by an additional sample, | 13 | | this certificate of a county clerk or board of election | 14 | | commissioners shall be presumed to establish the ratio of | 15 | | valid to invalid signatures within the particular election | 16 | | jurisdiction. | 17 | | The electoral board shall take up the question as to | 18 | | whether or not the certificate of nomination or nomination | 19 | | papers or petitions are in proper form, and whether or not they | 20 | | were filed within the time and under the conditions required | 21 | | by law, and whether or not they are the genuine certificate of | 22 | | nomination or nomination papers or petitions which they | 23 | | purport to be, and whether or not in the case of the | 24 | | certificate of nomination in question it represents accurately | 25 | | the decision of the caucus or convention issuing it, and in | 26 | | general shall decide whether or not the certificate of |
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| 1 | | nomination or nominating papers or petitions on file are valid | 2 | | or whether the objections thereto should be sustained and the | 3 | | decision of a majority of the electoral board shall be final | 4 | | subject to judicial review as provided in Section 10-10.1. The | 5 | | nomination papers of a candidate shall be deemed invalid and a | 6 | | candidate's name shall not appear on the ballot if the | 7 | | candidate is found to have personally engaged in material | 8 | | fraud or a pattern of fraud in connection with the signatures | 9 | | on the nominating papers or false swearing with respect to the | 10 | | nominating papers. The electoral board must state its findings | 11 | | in writing and must state in writing which objections, if any, | 12 | | it has sustained. A copy of the decision shall be served upon | 13 | | the parties to the proceedings in open proceedings before the | 14 | | electoral board. If a party does not appear for receipt of the | 15 | | decision, the decision shall be deemed to have been served on | 16 | | the absent party on the date when a copy of the decision is | 17 | | personally delivered or on the date when a copy of the decision | 18 | | is deposited in the United States mail, in a sealed envelope or | 19 | | package, with postage prepaid, addressed to each party | 20 | | affected by the decision or to such party's attorney of | 21 | | record, if any, at the address on record for such person in the | 22 | | files of the electoral board. | 23 | | Upon the expiration of the period within which a | 24 | | proceeding for judicial review must be commenced under Section | 25 | | 10-10.1, the electoral board shall, unless a proceeding for | 26 | | judicial review has been commenced within such period, |
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| 1 | | transmit, by registered or certified mail, a certified copy of | 2 | | its ruling, together with the original certificate of | 3 | | nomination or nomination papers or petitions and the original | 4 | | objector's petition, to the officer or board with whom the | 5 | | certificate of nomination or nomination papers or petitions, | 6 | | as objected to, were on file and to the election authority to | 7 | | whom the ballot is certified and the appropriate county clerk, | 8 | | and such officer or board shall abide by and comply with the | 9 | | ruling so made to all intents and purposes. | 10 | | (Source: P.A. 103-467, eff. 8-4-23.) |
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