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90_HB3557 10 ILCS 5/10-8 from Ch. 46, par. 10-8 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/10-10.1 from Ch. 46, par. 10-10.1 Amends the Article of the Election Code concerning nominations by political parties that polled less than 5% of the vote and nominations by individual voters. Provides that nomination papers, objection to petitions, and other documents shall be transmitted to certain persons by a next-day express delivery service, rather than by registered mail or receipted personal delivery. Requires objector's petitions to be signed and verified. Changes the way electoral boards for hearing and passing upon an objector's petition are selected. Requires vacancies on an electoral board to be filled by a public member who is an attorney or someone with knowledge of election law. Requires compensation to be paid to public members of the electoral boards. Authorizes electoral boards to retain legal counsel and provides for payments of the electoral board's costs from public funds. Provides that at a hearing before an electoral board, the board may appoint administrative law judges to hear testimony and make recommendations. Requires electoral board meetings to be tape recorded. Requires an electoral board to issue its findings within 2 business days after the hearing. Provides that an electoral board decision may be reviewed in circuit court under the provisions of the Administrative Review Law. Makes other changes. LRB9009639JMmb LRB9009639JMmb 1 AN ACT to amend the Election Code by changing Sections 2 10-8, 10-9, 10-10, and 10-10.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Election Code is amended by changing 6 Sections 10-8, 10-9, 10-10, and 10-10.1 as follows: 7 (10 ILCS 5/10-8) (from Ch. 46, par. 10-8) 8 Sec. 10-8. Certificates of nomination and nomination 9 papers, and petitions to submit public questions to a 10 referendum, being filed as required by this Code, and being 11 in apparent conformity with the provisions of this Act, shall 12 be deemed to be valid unless objection thereto is duly made 13 in writing within 5 business days after the last day for 14 filing the certificate of nomination or nomination papers or 15 petition for a public question, with the following 16 exceptions: 17 A. In the case of petitions to amend Article IV of 18 the Constitution of the State of Illinois, there shall be 19 a period of 35 business days after the last day for the 20 filing of such petitions in which objections can be 21 filed. 22 B. In the case of petitions for advisory questions 23 of public policy to be submitted to the voters of the 24 entire State, there shall be a period of 35 business days 25 after the last day for the filing of such petitions in 26 which objections can be filed. 27 Any legal voter of the political subdivision or district 28 in which the candidate or public question is to be voted on, 29 or any legal voter in the State in the case of a proposed 30 amendment to Article IV of the Constitution or an advisory 31 public question to be submitted to the voters of the entire -2- LRB9009639JMmb 1 State, having objections to any certificate of nomination or 2 nomination papers or petitions filed, shall file an 3 objector's petition together with a copy thereof in the 4 principal office or the permanent branch office of the State 5 Board of Elections, or in the office of the election 6 authority or local election official with whom the 7 certificate of nomination, nomination papers or petitions are 8 on file. In the case of nomination papers or certificates of 9 nomination, the State Board of Elections, election authority 10 or local election official shall note the day and hour upon 11 which such objector's petition is filed, and shall, not later 12 than 12:00 noon on the second business day after receipt of 13 the petition, transmit by next-day express delivery service 14registered mail or receipted personal deliverythe 15 certificate of nomination or nomination papers and the 16 original objector's petition to the chairman of the proper 17 electoral board designated in Section 10-9 hereof, or his 18 authorized agent, and shall transmit a copy by registered 19 mail or receipted personal delivery of the objector's 20 petition, to the candidate whose certificate of nomination or 21 nomination papers are objected to, addressed to the place of 22 residence designated in said certificate of nomination or 23 nomination papers. In the case of objections to a petition 24 for a proposed amendment to Article IV of the Constitution or 25 for an advisory public question to be submitted to the voters 26 of the entire State, the State Board of Elections shall note 27 the day and hour upon which such objector's petition is filed 28 and shall transmit a copy of the objector's petition by 29 registered mail or receipted personal delivery to the person 30 designated on a certificate attached to the petition as the 31 principal proponent of such proposed amendment or public 32 question, or as the proponents' attorney, for the purpose of 33 receiving notice of objections. In the case of objections to 34 a petition for a public question, to be submitted to the -3- LRB9009639JMmb 1 voters of a political subdivision, or district thereof, the 2 election authority or local election official with whom such 3 petition is filed shall note the day and hour upon which such 4 objector's petition was filed, and shall, not later than 5 12:00 noon on the second business day after receipt of the 6 petition, transmit by next-day express delivery service 7registered mail or receipted personal deliverythe petition 8 for the public question and the original objector's petition 9 to the chairman of the proper electoral board designated in 10 Section 10-9 hereof, or his authorized agent, and shall 11 transmit a copy by registered mail or receipted personal 12 delivery, of the objector's petition to the person designated 13 on a certificate attached to the petition as the principal 14 proponent of the public question, or as the proponent's 15 attorney, for the purposes of receiving notice of objections. 16 The objector's petition shall give the objector's name 17 and residence address, shall be personally signed by the 18 objector in his own proper person, shall be verified under 19 oath, and shall state fully the nature of the objections to 20 the certificate of nomination or nomination papers or 21 petitions in question, and shall state the interest of the 22 objector and shall request that the electoral board find the 23 nomination papers or certificate of nomination invalidand24shall state what relief is requested of the electoral board. 25 An objector's petition that does not contain all of these 26 requirements shall be dismissed. 27 The provisions of this Section and of Sections 10-9, 28 10-10 and 10-10.1 shall also apply to and govern objections 29 to petitions for nomination filed under Article 7 or Article 30 8, except as otherwise provided in Section 7-13 for cases to 31 which it is applicable, and also apply to and govern 32 petitions for the submission of public questions under 33 Article 28. 34 (Source: P.A. 86-1348.) -4- LRB9009639JMmb 1 (10 ILCS 5/10-9) (from Ch. 46, par. 10-9) 2 Sec. 10-9. The following electoral boards are designated 3 for the purpose of hearing and passing upon the objector's 4 petition described in Section 10-8. 5 1. The State Board of Elections will hear and pass upon 6 objections to the nominations of candidates for State 7 offices, nominations of candidates for congressional, 8 legislative and judicial offices of districts or circuits 9 situated in more than one county, nominations of candidates 10 for the offices of State's attorney or regional 11 superintendent of schools to be elected from more than one 12 county, and petitions for proposed amendments to the 13 Constitution of the State of Illinois as provided for in 14 Section 3 of Article XIV of the Constitution. 15 2. The county officers electoral board to hear and pass 16 upon objections to the nominations of candidates for county 17 offices, for congressional, legislative and judicial offices 18 of a district or circuit coterminous with or less than a 19 county, for school trustees to be voted for by the electors 20 of the county or by the electors of a township of the county, 21 for the office of multi-township assessor where candidates 22 for such office are nominated in accordance with this Code, 23 and for all special district offices, shall be composed of 24 the county clerk, or an assistant designated by the county 25 clerk, the State's attorney of the county or an Assistant 26 State's Attorney designated by the State's Attorney, and the 27 clerk of the circuit court, or an assistant designated by the 28 clerk of the circuit court, of the county, of whom the county 29 clerk or his designee shall be the chairman, except that in 30 any county which has established a county board of election 31 commissioners that board shall constitute the county officers 32 electoral board ex-officio. 33 3. The municipal officers electoral board to hear and 34 pass upon objections to the nominations of candidates for -5- LRB9009639JMmb 1 officers of municipalities shall be composed of the mayor or 2 president of the board of trustees of the city, village or 3 incorporated town, and the city, village or incorporated town 4 clerk, and one member of the city council or board of 5 trustees, that member being designated who is eligible to 6 serve on the electoral board and has served the longest time 7greatest number of yearsas a member of the city council or 8 board of trustees, of whom the mayor or president of the 9 board of trustees shall be the chairman. 10 4. The township officers electoral board to pass upon 11 objections to the nominations of township officers shall be 12 composed of the township supervisor, the town clerk, and that 13 eligible town trustee elected in the township who has served 14hadthe longest timeterm of continuous serviceas town 15 trustee, of whom the township supervisor shall be the 16 chairman. 17 5. The education officers electoral board to hear and 18 pass upon objections to the nominations of candidates for 19 offices in school or community college districts shall be 20 composed of the presiding officer of the school or community 21 college district board, who shall be the chairman, the 22 secretary of the school or community college district board 23 and the eligibleelectedschool or community college board 24 member, other than the president and the secretary, who has 25 served the longest timeterm of continuous serviceas a board 26 member. 27 6. In all cases, however, where the Congressional or 28 Legislative district is wholly within the jurisdiction of a 29 board of election commissioners and in all cases where the 30 school district or special district is wholly within the 31 jurisdiction of a municipal board of election commissioners 32 and in all cases where the municipality or township is wholly 33 or partially within the jurisdiction of a municipal board of 34 election commissioners, the board of election commissioners -6- LRB9009639JMmb 1 shall ex-officio constitute the electoral board. 2 For special districts situated in more than one county, 3 the county officers electoral board of the county in which 4 the principal office of the district is located has 5 jurisdiction to hear and pass upon objections. For purposes 6 of this Section, "special districts" means all political 7 subdivisions other than counties, municipalities, townships 8 and school and community college districts. 9 If (i)In the event thatany member of the appropriate 10 board is a candidate for the office with relation to which 11 the objector's petition is filed, (ii) a member circulated or 12 notarized a petition sheet for the candidate or referendum, 13 (iii) a member voted in his official capacity to authorize 14 the matter that is the subject of a back-door referendum as 15 to which objections were filed, (iv) a member is listed on a 16 slate petition as to which another slate member is the 17 subject of an objection, or (v) a member is listed as an 18 officer of a new political party on the petition that is the 19 subject of an objection, he shall not be eligible to serve on 20 that board and shall not act as a member of the board and his 21 place shall be filled as follows: 22 a. In the county officers electoral board by the 23 chairman or president of the county board or the county 24 executive, and thereafter by the county treasurer, andif25he or she is ineligible to serve,by the sheriff of the 26 county, in that order of preference. 27 b. In the municipal officers electoral board by the 28 remaining eligible elected city council or board of 29 trustees members in the order of the length of time each 30member whohas servedthe second greatest number of years31 as a city council or board of trustees member. 32 c. In the township officers electoral board by the 33 remaining eligible elected town trustees in the order of 34 the length of time each has servedtrustee who has had-7- LRB9009639JMmb 1the second longest term of continuous serviceas a town 2 trustee. 3 d. In the education officers electoral board by the 4 remaining eligible elected school or community college 5 district board in the order of the length of time each 6 has servedmember who has had the second longest term of7continuous serviceas a board member. 8 For the purposes of this Section, a member is not a 9 candidate for the office as to which the objections were 10 filed if the member is running for the same office, but for a 11 different term length or different vacancy as the candidate 12 as to whom the objections were filed. Substitutions shall be 13 made only because the member is disqualified as set forth 14 above, and not because of absence or refusal to serve. 15 IfIn the event thatthe chairman of the electoral board 16 is ineligible to act because of the fact that he is a 17 candidate for the office with relation to which the 18 objector's petition is filed, then the substitute chosen 19 under the provisions of this Section shall be the chairman; 20 In this case, the officer or board with whom the objector's 21 petition is filed, shall transmit the certificate of 22 nomination or nomination papers as the case may be, and the 23 objector's petition to the substitute chairman of the 24 electoral board. 25 When 2 or more eligible individuals, by reason of their 26 terms of service on a city council or board of trustees, 27 township board of trustees, or school or community college 28 district board, qualify to serve on an electoral board, as 29 soon as practicable after the objections are filed the 30 chairman of the electoral board shall, by lot, select one to 31 serveshall be chosen by lot. 32 Any vacancies on an electoral board not otherwise filled 33 pursuant to this Section shall be immediately filled by 34 public members who shall be licensed attorneys-at-law of this -8- LRB9009639JMmb 1 State or persons with demonstrable experience and knowledge 2 of election law appointed by the Chairman of the State Board 3 of ElectionsChief Judge of the Circuit Court for the county4wherein the electoral board hearing is being heldupon 5 notification to the ChairmanChief Judgeof such vacancies. 6 The ChairmanChief Judgeshall be so notified by a member of 7 the electoral board or the officer or board with whom the 8 objector's petition was filed. A public member appointed 9 under this paragraph is subject to disqualification on the 10 same grounds as regular members. IfIn the event thatnone of 11 the individuals designated by this Section to serve on the 12 electoral board are eligible, the chairman of an electoral 13 board shall be designated by the Chairman of the State Board 14 of ElectionsChief Judge. Public members shall be paid 15 reasonable compensation for their services at a rate to be 16 determined by the State Board of Elections by rule. 17 (Source: P.A. 87-570.) 18 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10) 19 Sec. 10-10. Within 2 business days24 hoursafter the 20 receipt of the certificate of nomination or nomination papers 21 or proposed question of public policy, as the case may be, 22 and the objector's petition, the chairman of the electoral 23 board other than the State Board of Elections shall send a 24 call by next-day express delivery serviceregistered or25certifiedmail to each of the members of the electoral board, 26 and to the objector who filed the objector's petition, and 27 either to the candidate whose certificate of nomination or 28 nomination papers are objected to or to the principal 29 proponent or attorney for proponents of a question of public 30 policy, as the case may be, whose petitions are objected to, 31 and shall also cause the sheriff of the county or counties in 32 which such officers and persons reside to serve a copy of 33 such call upon each of such officers and persons, which call -9- LRB9009639JMmb 1 shall set out the fact that the electoral board is required 2 to meet to hear and pass upon the objections to nominations 3 made for the office, designating it, and shall state the day, 4 hour and place at which the electoral board shall meet for 5 the purpose, which place mayshallbe in the county court 6 house in the county, or in the principal office of the 7 county, municipality, township, school district, or community 8 college district, in the case of the County Officers 9 Electoral Board, the Municipal Officers Electoral Board, the 10 Township Officers Electoral Board or the Education Officers 11 Electoral Board. In those cases where the State Board of 12 Elections is the electoral board designated under Section 13 10-9, the chairman of the State Board of Elections shall, 14 within 2 business days24 hoursafter the receipt of the 15 certificate of nomination or nomination papers or petitions 16 for a proposed amendment to Article IV of the Constitution or 17 proposed statewide question of public policy, send a call by 18 next-day express delivery serviceregistered or certified19Anycircuit courtof the15state, excluding the judge who is sitting on the electoral16board, upon such showing shall order such person to appear 17 and testify, and to forthwith produce such books and papers, 18 before the electoral board at a place to be fixed by the 19 court. If such person shall knowingly fail or refuse to obey 20 such order of the court without lawful excuse, the court 21 shall punish him or her by fine and imprisonment, as the 22 nature of the case may require and may be lawful in cases of 23 contempt of court. 24 The electoral board on the first day of its meeting shall 25 adopt rules of procedure and rules for the introduction of 26 evidence and the presentation of argumentsand may, in its27discretion, provide for the filing of briefs by the parties28to the objection or by other interested persons. Only the 29 objectors and candidates may present evidence or arguments to 30 the electoral board. The proceedings shall be adversarial in 31 nature. The objector need not present evidence of his 32 standing to bring the objections. The candidate or proponent, 33 however, may attack the objector's standing collaterally. The 34 electoral board may appoint one or more administrative law -12- LRB9009639JMmb 1 judges to take evidence, hear arguments, and make a 2 recommended decision. Meetings of the electoral board, 3 including deliberations and the issuance of written decisions 4 and orders, are subject to the Open Meetings Act. The 5 electoral board shall have its meetings tape recorded or 6 recorded by a certified court reporter. All pleadings, 7 motions, and similar papers filed by a party before the 8 electoral board, including the objector's petition, must be 9 signed by an attorney whose name and address are stated on 10 the papers, or signed by the party himself. The signature of 11 an attorney or party constitutes a certificate by him (i) 12 that he has read the pleading, motion, or other paper, (ii) 13 that to the best of his knowledge, information, and belief, 14 formed after reasonable inquiry, the pleading, motion, or 15 paper is well grounded in fact and is warranted by existing 16 law or a good-faith argument for the extension, modification, 17 or reversal of existing law, and (iii) that it is not 18 interposed for any purpose such as to harass or to cause 19 unnecessary delay or needless increase in the cost of the 20 ligation or a campaign. If a pleading, motion, or other paper 21 is signed in violation of this paragraph, an aggrieved party 22 may file a complaint in circuit court after the electoral 23 board has issued its written decision and the court, upon 24 finding a violation of this paragraph, shall impose by 25 judgment upon the violating party a sanction which may 26 include an order to pay to the aggrieved party the amount of 27 reasonable expenses incurred because of the filing of the 28 pleading, motion, or other paper, including reasonable 29 attorney fees. 30 In the event of a State Electoral Board hearing on 31 objections to a petition for an amendment to Article IV of 32 the Constitution pursuant to Section 3 of Article XIV of the 33 Constitution, or to a petition for a question of public 34 policy to be submitted to the voters of the entire State, the -13- LRB9009639JMmb 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 7 28-12 of this Code. Either party, however, may introduce 8 evidence at such hearing to dispute the findings as to 9 particular signatures. In addition to the foregoing, in the 10 absence of competent evidence presented at such hearing by a 11 party substantially challenging the results of a random 12 sample, or showing a different result obtained by an 13 additional sample, this certificate of a county clerk or 14 board of election commissioners shall be presumed to 15 establish the ratio of valid to invalid signatures within the 16 particular election 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 20 they were filed within the time and under the conditions 21 required by law, and whether or not they are the genuine 22 certificate of nomination or nomination papers or petitions 23 which they purport to be, and whether or not in the case of 24 the certificate of nomination in question it represents 25 accurately the decision of the caucus or convention issuing 26 it, and in general shall decide whether or not the 27 certificate of nomination or nominating papers or petitions 28 on file are valid or whether the objections thereto should be 29 sustained and the decision of a majority of the electoral 30 board shall be final subject to judicial review as provided 31 in Section 10-10.1. The electoral board must state its 32 findings in writing and must state in writing which 33 objections, if any, it has sustained. The electoral board 34 must issue its written findings within 2 business days after -14- LRB9009639JMmb 1 hearing the final evidence and arguments from the parties. 2 The electoral board must issue its written findings, signed 3 by the chairman and members, at an open session with 4 appropriate prior notice to the parties. At that session, the 5 electoral board shall provide copies of its written findings 6 to all parties if they are present, and if a party is not 7 present the electoral board shall immediately send a copy of 8 its written findings to the party by regular mail to the 9 party at the address shown on the objector's petition, 10 nomination papers, or certificate of nomination. 11Upon the expiration of the period within which a12proceeding for judicial review must be commenced under13Section 10--10.1,The electoral board shall immediately,14unless a proceeding for judicial review has been commenced15within such period,transmit, by next-day express delivery 16 serviceregistered or certified mail, a certified copy of its 17 ruling, together with the original certificate of nomination 18 or nomination papers or petitions and the original objector's 19 petition, to the officer or board with whom the certificate 20 of nomination or nomination papers or petitions, as objected 21 to, were on file, and such officer or board shall immediately 22 issue an amended ballot certification incorporating the 23 findings of the electoral board, if necessary, and abide by 24 and comply with the ruling so made to all intents and 25 purposes. 26 (Source: P.A. 85-293; 86-1348.) 27 (10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1) 28 Sec. 10-10.1. Except as otherwise provided in this 29 Section, a candidate or objector aggrieved by the decision of 30 an electoral board may secure administrativejudicialreview 31 of such decision in the circuit court of the county in which 32 the hearing of the electoral board was held in the circuit 33 court of any county in which the subject election will be -15- LRB9009639JMmb 1 held (if the election is not a statewide election), or in the 2 county of the candidate's or objector's residence. The party 3 seeking administrativejudicialreview must file a petition 4 for administrative review with the clerk of the court within 5 310days after the decision of the electoral board. The 6 petition shall name the electoral board, all parties to the 7 electoral board proceedings, and any election authority that 8 will issue ballots for the subject election as respondents 9 and shall contain a brief statement of the reasons why the 10 decision of the board should be reversed. The petitioner 11 shall serve a copy of the petition upon the electoral board 12 and other parties to the proceeding by next-day express 13 delivery service, personal service,registeredor certified 14 mail and shall file proof of service with the clerk of the 15 court. The provisions of the Administrative Review Law shall 16 govern the administrative review of electoral board 17 decisions, except that (i) any answer to the petition must be 18 filed within 5 business days after the petition was filed 19 with the court, and (ii) the court must dispose of the 20 petition within 15 business days after filing of the 21 petition. The electoral board shall file the administrative 22 record within 5 business days after filing of the petition. 23 Before ruling on the petition, the court may enter such 24 orders relating to ballot printing or issuance as it deems 25 appropriate. Any notice of appeal to the appellate court must 26 be filed within 3 business days, rather than 30 days, from 27 the circuit court's final order. Upon receipt of the 28 docketing statement, the appellate court shall enter an order 29 providing an expedited schedule for disposition of the case 30 calculated to resolve the matter, if possible, prior to the 31 subject election.No answer to the petition need be filed,32but any answer must be filed within 10 days after the filing33of the petition.34The court shall set the matter for hearing to be held-16- LRB9009639JMmb 1within 30 days after the filing of the petition and shall2make its decision promptly after such hearing.3 An objector or proponent aggrieved by the decision of an 4 electoral board regarding a petition filed pursuant to 5 Section 18-120 of the Property Tax Code may secure a review 6 of such decision by the State Board of Elections. The party 7 seeking such review must file a petition therefor with the 8 State Board of Elections within 10 days after the decision of 9 the electoral board. Any such objector or proponent may 10 apply for and obtain judicial review of a decision of the 11 State Board of Elections entered under this amendatory Act of 12 1985, in accordance with the provisions of the Administrative 13 Review Law, as amended. 14 (Source: P.A. 88-670, eff. 12-2-94.)