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90_SR0007
LRB9001003EGfg
1 SENATE RESOLUTION
2 BE IT RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL
3 ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the
4 Senate of the State of Illinois (Senate Resolution 2) be
5 amended by changing Rules 11-1, 11-2, 11-4, and 11-5 as
6 follows:
7 (Senate Rule 11-1)
8 11-1 Election Contests and Qualifications Challenges.
9 (a) An election contest shall place in issue only the
10 validity of the results of an election of a member to the
11 Senate in a legislative district. An election contest may
12 result only in a determination of which candidate in such an
13 election was properly elected to the Senate and shall be
14 seated.
15 (b) A qualifications challenge shall place in issue only
16 the qualifications of an incumbent member of the Senate under
17 the Constitution, or the legality of an appointment of a
18 person as a member of the Senate to fill a vacancy. A
19 qualifications challenge may result only in a determination
20 of whether a member of the Senate is properly seated.
21 (c) In addition to complying with any statutory
22 requirements, election contests and qualifications challenges
23 shall be brought and conducted as provided in these Rules.
24 (d) Each election contest and qualifications challenge
25 filed with the Senate shall be referred by the President to
26 the Senate Special Committee on Election Contests.
27 (e) The Senate Special Committee on Election Contests
28 shall be composed of five Senate members: three members
29 appointed by the President of the Senate and two members
30 appointed by the Minority Leader of the Senate. The
31 President shall designate from the majority caucus appointees
32 the Chairperson and Vice-Chairperson. The Minority Leader
33 shall designate from the minority caucus appointees the
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1 Minority Spokesperson. The Chairperson and Minority
2 Spokesperson are prohibited from receiving any additional
3 compensation for their services to the committee. The Senate
4 Special Committee on Election Contests shall be empowered to
5 conduct business when a majority of the total number of
6 committee members has been appointed.
7 (f) The majority caucus members of the Senate Special
8 Committee on Election Contests shall serve at the pleasure of
9 the President, and the minority caucus members shall serve at
10 the pleasure of the Minority Leader. Appointments thereto
11 shall be by notice filed with the Secretary, and shall be
12 effective for the balance of the term or until a replacement
13 appointment is made, whichever shall first occur.
14 Appointments shall take effect upon filing with the Secretary
15 regardless of whether the Senate shall be in session.
16 Notwithstanding any other provision of these Senate Rules,
17 any Senator who shall be replaced on the Senate Special
18 Committee on Election Contests may be reappointed to the
19 Senate Special Committee on Election Contests without
20 concurrence of the Senate.
21 (g) The contestant and contestee shall bear their
22 respective legal expenses. The Senate shall pay no legal fees
23 to any attorneys representing either the contestant or
24 contestee.
25 (h) The committee may adopt rules to govern election
26 contests and qualifications challenges, provided that such
27 committee rules must be consistent with these Rules, must be
28 filed with the Secretary, and must be made available to all
29 parties and to the public. Any committee rule shall be
30 subject to amendment, suspension or repeal by Senate
31 resolution.
32 (Source: SR 2, 90th G.A.)
33 (Senate Rule 11-2)
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1 11-2. Initiating Election Contests.
2 (a) Election contests may be brought only by a
3 registered voter of the legislative district or by a member
4 of the Senate.
5 (b) Election contests may be brought only by the
6 procedures and within the time limits established by the
7 Election Code. Notice of intention to contest shall be
8 served on the person certified as elected to the Senate from
9 the legislative district within the time limits established
10 by the Election Code. The requirements of this subsection
11 shall be applicable to a member of the Senate appointed to
12 fill a vacancy the same as if that member had been elected to
13 the Senate.
14 (c) Within 45 10 days of the convening of the Senate in
15 January following the general election contested, each
16 contestant shall file with the Secretary a petition of
17 election contest and shall serve such petition on the
18 incumbent member of the Senate from the legislative district.
19 A petition of election contest shall allege the contestant's
20 qualifications to bring the contest and to serve as a member
21 of the Senate, that he or she believes that a mistake or
22 fraud had been committed in specified precincts in the
23 counting, return or canvass of the votes or that there was
24 some other specified irregularity in the conduct of the
25 election in specified precincts. A petition of election
26 contest shall contain a prayer specifying the relief
27 requested and the precincts in which a recount or other
28 inquiry is desired. A petition of election contest shall be
29 verified by affidavit swearing to the truth of the
30 allegations or based upon information and belief, and shall
31 be accompanied by proof of service on all respondents.
32 (d) A notice of intent to contest may not be amended to
33 cure a defect under the statutory requirements. A petition
34 of election contest, if filed and served subsequent to the
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1 notice of intention to contest, may not raise points not
2 expressed in the notice.
3 (e) The incumbent member of the Senate from the
4 legislative district shall be a necessary party to the
5 initiation of an election contest.
6 (Source: SR 2, 90th G.A.)
7 (Senate Rule 11-4)
8 11-4. Contests and Challenges--Due Process.
9 (a) Election contests and challenges shall be heard and
10 determined as expeditiously as possible under adversary
11 procedures wherein each party to the proceedings has a
12 reasonable opportunity to present his or her claim, any
13 defense and arguments, and to respond to those of his or her
14 opponents. All parties may be represented by counsel.
15 (b) In addition to notice of meetings required under
16 these Rules, the committee and any subcommittee shall give
17 notice in person or by certified mail, return receipt
18 requested, to all parties at least 48 hours reasonably in
19 advance of each meeting or other proceeding. The committee
20 shall also give notice of all rules, timetables or deadlines
21 adopted by the committee. Notice under this subsection shall
22 be in writing and shall be given either personally with
23 receipt, or by certified mail (return receipt requested)
24 addressed to the party at his or her place of residence and
25 to his or her attorney of record at his or her office if so
26 requested by the party.
27 (Source: SR 2, 90th G.A.)
28 (Senate Rule 11-5)
29 11-5 Committee Proceedings and Powers in Contests and
30 Challenges.
31 (a) All proceedings of the committee and any
32 subcommittees concerning election contests and qualifications
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1 challenges shall be transcribed by a certified court
2 reporter. Copies of the transcript shall be made available
3 to the members of the committee and to the parties.
4 (b) The committee may make recommendations to the Senate
5 as to and may limit the issues to be determined in a contest
6 or challenge. The Senate may dismiss an election contest or
7 qualifications challenge, or may determine to proceed to a
8 recount or other inquiry.
9 (c) In conducting inquiries, investigations and recounts
10 in election contests and qualifications challenges, the
11 committee shall have the power to send for and compel the
12 attendance of witnesses and the production of books, papers,
13 ballots, documents, and records, by subpoena signed by the
14 Chairperson of the committee as provided by law. In
15 conducting proceedings in election contests and
16 qualifications challenges, the Chairperson of the committee
17 and the Chairperson of any subcommittee may administer oaths
18 to witnesses, as provided by law, and for this purpose a
19 subcommittee shall be deemed to be a committee of the Senate.
20 (d) The committee may issue commissions by its
21 Chairperson to any officer authorized to take depositions of
22 any necessary witnesses as may be permitted by law. In
23 recounting the ballots in any election contest, however, no
24 person other than a member of the committee shall handle any
25 ballots, tally sheets, or other election materials without
26 the consent of the committee or subcommittee. The
27 responsibility for the actual recounting of ballots may not
28 be delegated.
29 (e) The committee shall maintain an accurate and
30 complete record of proceedings in every election contest and
31 qualifications challenge. Such record shall include all
32 notices and pleadings, the transcripts, and roll call votes,
33 all reports and dissents, and all documents which were
34 admitted into the proceeding. The committee shall file the
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1 record with the Secretary of the Senate upon the adoption of
2 its final report. The record shall then be available for
3 examination in the Secretary's office.
4 (f) With the approval of the President, the committee
5 may employ clerks, stenographers, court reporters,
6 professional staff and messengers.
7 (Source: SR 2, 90th G.A.)