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91_SB0130
LRB9100878JMdv
1 AN ACT to amend the Election Code by changing Section
2 9-21.
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 Section 9-21 as follows:
7 (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
8 Sec. 9-21. Upon receipt of such complaint, the Board
9 shall hold a closed preliminary hearing to determine whether
10 or not the complaint appears to have been filed on
11 justifiable grounds. Such closed preliminary hearing shall be
12 conducted as soon as practicable after affording reasonable
13 notice, a copy of the complaint, and an opportunity to
14 testify at such hearing to both the person making the
15 complaint and the person against whom the complaint is
16 directed. If the Board adopts by a majority of at least 5
17 votes a motion that the complaint has been filed upon
18 justifiable grounds, (i) the complaint shall be given a
19 public hearing or (ii) the complaint shall be disposed of in
20 an alternative to a public hearing provided by the Board. If
21 the Board fails to adopt by a majority of at least 5 votes a
22 motion determines that the complaint has not been filed on
23 justifiable grounds, it shall dismiss the complaint without
24 further hearing.
25 Whenever in the judgment of the Board, after affording
26 due notice and an opportunity for a public hearing or
27 alternative disposition, any person has engaged or is about
28 to engage in an act or practice which constitutes or will
29 constitute a violation of any provision of this Article or
30 any regulation or order issued thereunder, the Board shall
31 issue an order directing such person to take such action as
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1 the Board determines may be necessary in the public interest
2 to correct the violation. In addition, if the act or practice
3 engaged in consists of the failure to file any required
4 report within the time prescribed by this Article, the Board,
5 as part of its order, shall further provide that if, within
6 the 12-month period following the issuance of the order, such
7 person fails to file within the time prescribed by this
8 Article any subsequent report as may be required, such person
9 may be subject to a civil penalty pursuant to Section 9-23.
10 The Board shall render its final judgment within 60 days of
11 the date the complaint is filed; except that during the 60
12 days preceding the date of the election in reference to which
13 the complaint is filed, the Board shall render its final
14 judgment within 7 days of the date the complaint is filed,
15 and during the 7 days preceding such election, the Board
16 shall render such judgment before the date of such election,
17 if possible.
18 At any time prior to the issuance of the Board's final
19 judgment, the parties may dispose of the complaint by a
20 written stipulation, agreed settlement or consent order. Any
21 such stipulation, settlement or order shall, however, be
22 submitted in writing to the Board and shall become effective
23 only if approved by the Board. If the act or practice
24 complained of consists of the failure to file any required
25 report within the time prescribed by this Article, such
26 stipulation, settlement or order may provide that if, within
27 the 12-month period following the approval of such
28 stipulation, agreement or order, the person complained of
29 fails to file within the time prescribed by this Article any
30 subsequent reports as may be required, such person may be
31 subject to a civil penalty pursuant to Section 9-23.
32 Any person filing a complaint pursuant to Section 9-20
33 may, upon written notice to the other parties and to the
34 Board, voluntarily withdraw the complaint at any time prior
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1 to the issuance of the Board's final determination.
2 (Source: P.A. 90-495, eff. 1-1-98.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.