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| [ Engrossed ] | [ House Amendment 002 ] |
90_SB0433
10 ILCS 5/7-12.2 new
10 ILCS 5/8-9.2 new
10 ILCS 5/10-7.1 new
Amends the Election Code. Provides the State Board of
Elections shall examine nominating petitions filed with it to
determine whether those petitions are in apparent conformity
with the requirements of the Code. Further provides for an
informal hearing to determine whether candidates, whose
petitions the Board has determined are not in apparent
conformity, shall be certified. Effective immediately.
LRB9000588MWpc
LRB9000588MWpc
1 AN ACT to amend the Election Code by adding Sections
2 7-12.2, 8-9.2 and 10-7.1.
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 adding
6 Sections 7-12.2, 8-9.2 and 10-7.1 as follows:
7 (10 ILCS 5/7-12.2 new)
8 Sec. 7-12.2. State Board of Elections; Examination of
9 Nomination Papers.
10 (a) All nomination petitions filed with the State Board
11 of Elections shall, within 5 business days of filing, be
12 examined by the Board to determine whether the petitions are
13 in apparent conformity with the requirements of this Article.
14 The petitions shall be deemed to be in apparent conformity
15 with the requirements of this Article with respect to the
16 examination by the State Board of Elections if the petitions:
17 (1) include all papers and forms that are required
18 by this Article for the office for which the candidate is
19 seeking nomination or election;
20 (2) appear to contain all of the information and
21 statements, sworn and attested to when necessary, as
22 required by this Article; and
23 (3) appear to contain, when required by this
24 Article or any other statute, the requisite number of
25 presumptively valid signatures.
26 (b) If, after an examination of a candidate's nomination
27 petition, the State Board of Elections determines that the
28 petition is not in apparent conformity with the requirements
29 of this Article, the Board shall notify the candidate in
30 writing that the petition is not in apparent conformity with
31 the requirements of this Article. The notice shall state the
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1 reasons why the nomination petition is not in apparent
2 conformity with the requirements of this Article, shall
3 inform the candidate that the Board will be conducting an
4 informal hearing to decide whether or not to certify the name
5 of the candidate to be placed upon the official ballot, and
6 shall inform the candidate that he or she has the right to
7 appear before the Board at the hearing. The notice shall be
8 sent by certified mail by the Board within 5 business days
9 following the last day for the filing of nomination petitions
10 and shall be addressed to the candidate at the address listed
11 on the candidate's statement of candidacy. Service shall be
12 deemed complete when the notice is sent by certified mail to
13 the address listed on the candidate's statement of candidacy.
14 (c) Before the date set for its certification for the
15 general primary election, the Board shall conduct an informal
16 hearing to determine whether the names of those candidates,
17 who have been notified as provided in this Section that their
18 nomination petitions are not in apparent conformity with the
19 requirements of this Article, shall be certified for
20 placement on the ballot. Candidates so notified shall have
21 the right to appear before the Board at the hearing, to
22 present evidence and argument why the nomination petitions
23 are in apparent conformity with the requirements of this
24 Article, and to be represented by counsel of his or her
25 choice and at his or her expense at the hearing. If upon
26 conclusion of the informal hearing the Board determines that
27 a candidate's nomination petition is not in apparent
28 conformity with the requirements of this Article, the
29 nomination petition shall be deemed invalid and the Board
30 shall not include the name of the candidate in its
31 certification of candidates. The decision of the Board shall
32 be in writing, shall state the underlying reasons supporting
33 the decision, and shall be served upon the candidate either
34 personally or by certified mail. Any candidate adversely
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1 affected by the Board's decision may secure judicial review
2 of the decision in the circuit court in the same manner as
3 provided in Section 10-10.1 of this Code.
4 (10 ILCS 5/8-9.2 new)
5 Sec. 8-9.2. State Board of Elections; Examination of
6 Nomination Papers.
7 (a) All nomination petitions filed with the State Board
8 of Elections shall, within 5 business days of filing, be
9 examined by the Board to determine whether the petitions are
10 in apparent conformity with the requirements of this Article.
11 The petitions shall be deemed to be in apparent conformity
12 with the requirements of this Article with respect to the
13 examination by the State Board of Elections if the petitions:
14 (1) include all papers and forms that are required
15 by this Article for the office for which the candidate is
16 seeking nomination or election;
17 (2) appear to contain all of the information and
18 statements, sworn and attested to when necessary, as
19 required by this Article; and
20 (3) appear to contain, when required by this
21 Article or any other statute, the requisite number of
22 presumptively valid signatures.
23 (b) If, after an examination of a candidate's nomination
24 petition, the State Board of Elections determines that the
25 petition is not in apparent conformity with the requirements
26 of this Article, the Board shall notify the candidate in
27 writing that the petition is not in apparent conformity with
28 the requirements of this Article. The notice shall state the
29 reasons why the nomination petition is not in apparent
30 conformity with the requirements of this Article, shall
31 inform the candidate that the Board will be conducting an
32 informal hearing to decide whether or not to certify the name
33 of the candidate to be placed upon the official ballot, and
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1 shall inform the candidate that he or she has the right to
2 appear before the Board at the hearing. The notice shall be
3 sent by certified mail by the Board within 5 business days
4 following the last day for the filing of nomination petitions
5 and shall be addressed to the candidate at the address listed
6 on the candidate's statement of candidacy. Service shall be
7 deemed complete when the notice is sent by certified mail to
8 the address listed on the candidate's statement of candidacy.
9 (c) Before the date set for its certification for the
10 general primary election, the Board shall conduct an informal
11 hearing to determine whether the names of those candidates,
12 who have been notified as provided in this Section that their
13 nomination petitions are not in apparent conformity with the
14 requirements of this Article, shall be certified for
15 placement on the ballot. Candidates so notified shall have
16 the right to appear before the Board at the hearing, to
17 present evidence and argument why the nomination petitions
18 are in apparent conformity with the requirements of this
19 Article, and to be represented by counsel of his or her
20 choice and at his or her expense at the hearing. If upon
21 conclusion of the informal hearing the Board determines that
22 a candidate's nomination petition is not in apparent
23 conformity with the requirements of this Article, the
24 nomination petition shall be deemed invalid and the Board
25 shall not include the name of the candidate in its
26 certification of candidates. The decision of the Board shall
27 be in writing, shall state the underlying reasons supporting
28 the decision, and shall be served upon the candidate either
29 personally or by certified mail. Any candidate adversely
30 affected by the Board's decision may secure judicial review
31 of the decision in the circuit court in the same manner as
32 provided in Section 10-10.1 of this Code.
33 (10 ILCS 5/10-7.1 new)
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1 Sec. 10-7.1. State Board of Elections; Examination of
2 Nomination Papers.
3 (a) All nomination petitions filed with the State Board
4 of Elections shall, within 5 business days of filing, be
5 examined by the Board to determine whether the petitions are
6 in apparent conformity with the requirements of this Article.
7 The petitions shall be deemed to be in apparent conformity
8 with the requirements of this Article with respect to the
9 examination by the State Board of Elections if the petitions:
10 (1) include all papers and forms which are required
11 by this Article for the office for which the candidate is
12 seeking nomination or election;
13 (2) appear to contain all of the information and
14 statements, sworn and attested to when necessary, as
15 required by this Article; and
16 (3) appear to contain, when required by this
17 Article or any other statute, the requisite number of
18 presumptively valid signatures.
19 (b) If, after an examination of a candidate's nomination
20 petition, the State Board of Elections determines that the
21 petition is not in apparent conformity with the requirements
22 of this Article, the Board shall notify the candidate in
23 writing that the petition is not in apparent conformity with
24 the requirements of this Article. The notice shall state the
25 reasons why the nomination petition is not in apparent
26 conformity with the requirements of this Article, shall
27 inform the candidate that the Board will be conducting an
28 informal hearing to decide whether or not to certify the name
29 of the candidate to be placed upon the official ballot, and
30 shall inform the candidate that he or she has the right to
31 appear before the Board at the hearing. The notice shall be
32 sent by certified mail by the Board within 5 business days
33 following the last day for the filing of nomination petitions
34 and shall be addressed to the candidate at the address listed
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1 on the candidate's statement of candidacy. Service shall be
2 deemed complete when the notice is sent by certified mail to
3 the address listed on the candidate's statement of candidacy.
4 (c) Before the date set for its certification for the
5 general election, the Board shall conduct an informal hearing
6 to determine whether the names of those candidates, who have
7 been notified as provided in this Section that their
8 nomination petitions are not in apparent conformity with the
9 requirements of this Article, shall be certified for
10 placement on the ballot. Candidates so notified shall have
11 the right to appear before the Board at the hearing, to
12 present evidence and argument why the nomination petitions
13 are in apparent conformity with the requirements of this
14 Article, and to be represented by counsel of his or her
15 choice and at his or her expense at the hearing. If upon
16 conclusion of the informal hearing the Board determines that
17 a candidate's nomination petition is not in apparent
18 conformity with the requirements of this Article, the
19 nomination petition shall be deemed invalid and the Board
20 shall not include the name of the candidate in its
21 certification of candidates. The decision of the Board shall
22 be in writing, shall state the underlying reasons supporting
23 the decision, and shall be served upon the candidate either
24 personally or by certified mail. Any candidate adversely
25 affected by the Board's decision may secure judicial review
26 of the decision in the circuit court in the same manner as
27 provided in Section 10-10.1 of this Code.
28 Section 99. This Act takes effect upon its becoming a
29 law.