TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.5 APPLICABILITY
Section 150.5 Applicability
This Part shall apply to the procedures utilized by the
State Board of Elections to resolve complaints filed pursuant to Title IV
Section 402 of the Help America Vote Act. This Part is authorized by the Act
and Section 10-5 of the Illinois Administrative Procedure Act [5 ILCS
100/10-5].
 | TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.10 DEFINITIONS
Section 150.10 Definitions
As used in this Part, the following terms shall have the
meanings specified:
"Act" or
"HAVA" means the Help America Vote Act (Public Law 107-252; 42 USC
15301) and all amendments.
"Board" means the
State Board of Elections.
"Complainant" means a
party initiating a proceeding under the Act by the filing of a complaint.
"Election Authority"
means the county clerk in all counties that do not have a county board of
election commissioners, the county board of election commissioners in those
counties that have adopted the provisions of Article 6A of the Election Code
and the city board of election commissioners in those cities that have adopted
the provisions of Article 6 of the Election Code.
"Election Code" means
the Illinois Election Code [10 ILCS 5].
"Federal Election"
means any election in which candidates for federal office are scheduled to be
elected or nominated. For purposes of this definition, federal offices are
President and Vice President of the United States, United States Senator,
Representative in the United States Congress, delegates and alternate delegates
to the national nominating convention and candidates for the Presidential
Preference Primary.
"Hearing" means the hearing
held pursuant to Section 150.30(c).
"Respondent" means an
Election Authority, the State Board of Elections, or any other entity subject
to the provisions of Title III of HAVA against whom a complaint is filed.
(Source: Amended at 40 Ill. Reg. 1953,
effective January 5, 2016)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.15 FILING OF A COMPLAINT
Section 150.15 Filing of a
Complaint
Any person who believes that a violation of any provision of
Title III of the Act has occurred, or is occurring, or is about to occur may
file a complaint with the State Board of Elections. If filed after the
occurrence of the violation, the complaint must be filed no later than 90 days after
the occurrence of the violation or 90 days after the federal election in connection
with which the violation occurred, whatever date is later. Any complaint filed
under this Section must allege a violation, or threatened violation, of Title
III of the Act and state sufficient facts as to constitute a cause of action
under Title III. In addition, the complaint must state whether the complainant
desires a hearing on the record before the State Board of Elections.
(Source: Amended at 40 Ill. Reg. 1953,
effective January 5, 2016)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.20 FORM OF COMPLAINT
Section 150.20 Form of Complaint
a) All
complaints filed under this Part shall be in writing and signed and sworn to
(or affirmed) by the person filing the complaint and shall be notarized. In
addition, the complaint shall:
1) be
directed to and state the name of the respondent against whom the complaint is
directed;
2) state
the specific provisions of Title III of the Act alleged to have been violated;
3) state
the time, place and nature of the alleged offense; and
4) be
verified, dated and signed by the complainant in substantially the following
manner:
|
Verification
|
|
"I declare that this complaint (including any
accompanying exhibits and statements) has been examined by me and to the best
of my knowledge and belief is a true and correct complaint as required by section
402 of the Help America Vote Act."
|
|
Signed and sworn to (or
affirmed) by
|
|
|
|
Name of Complainant
|
|
before me on this
|
|
day of
|
|
, 20
|
|
.
|
|
|
|
|
|
Signature of Notary Public
|
|
(SEAL OF NOTARY)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
b) Upon
filing of a complaint, the office of the Board's General Counsel shall assign a
docket number to the complaint and proceeding, and all documents thereafter
filed pertaining to that particular complaint or proceeding shall include the
docket number first assigned.
c) The
complaint shall bear the address, telephone number and fax number of the
complainant or of his or her attorney. The address and fax number provided by
the complainant may be relied upon by all other parties for the transmission of
all documents pursuant to Section 150.35.
(Source:
Amended at 40 Ill. Reg. 1953, effective January 5, 2016)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.25 SERVICE OF COMPLAINT
Section 150.25 Service of Complaint
The complainant shall serve a copy of the complaint upon the
respondent. Service shall be complete when the document is served as provided
in the Civil Practice Law [735 ILCS 5/2-203(a)], in person upon the party or
his attorney, or deposited for mailing with the United States Postal Service,
postage prepaid, registered or certified, addressed to the party.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.30 PRELIMINARY REVIEW OF COMPLAINT
Section 150.30 Preliminary Review of Complaint
a) Preliminary
Review
1) Upon
the filing of a complaint, the General Counsel shall perform a preliminary
review to determine whether the complaint meets the following requirements to
constitute a valid complaint under the Act.
A) The
complaint alleges a violation under Title III of the Act;
B) The
complaint pertains to a federal election; and
C) The
complaint states sufficient facts as to constitute a cause of action under the
Act for which the Board can grant appropriate relief.
2) If
the General Counsel determines that the complaint meets the criteria listed in
subsection (a)(1) for a valid complaint under the Act, then the complaint shall
proceed under subsections (b) and (c). If the General Counsel determines that
the complaint has not met the listed criteria for a valid complaint under the
Act, the complaint shall be presented to the Board for a final determination of
its status. In addition, the complainant shall be notified in writing of the
General Counsel's determination of the complaint's invalidity and be given an
opportunity to appear before the Board to show cause as to why the complaint
should not be dismissed. The decision of the Board as to the status of the
complaint shall be in the form of a final order subject to appeal under the
Illinois Administrative Review Law [735 ILCS 5/Art. III], within the parameters
of Sections 9-22, 10-10.01 and 17-33 of the Election Code. As an alternative
to summary dismissal of the complaint, the Board may determine that the
complaint alleges a violation of the Election Code and refer it for
investigation to the appropriate division of the Board or to the appropriate
election authority or law enforcement agency.
b) After
a determination by the General Counsel that the complaint meets the criteria
set out in subsection (a), and upon the written request of the complainant, the
Board shall appoint a hearing examiner to conduct a hearing. This hearing
shall be held to determine whether the complaint is sufficiently grounded in
fact and law. The request must be a part of or accompany the complaint when
filed. Following the hearing, the hearing examiner shall make a written
recommendation as to whether the complaint is sufficiently grounded in fact and
law, and a copy of the recommendation shall be given to the General Counsel for
his or her recommendation and to both parties to the complaint. Upon receipt
of the recommendation of the hearing examiner and the General Counsel, the
Board shall make a final determination as to the merits of the complaint and
shall make a decision as to what, if any, action should be taken as a result of
the complaint. The final determination and decision shall be in the form of a
final order subject to appeal under the Illinois Administrative Review Law,
within the parameters of Sections 9-22, 10-10.01 and 17-33 of the Election Code.
c) Should
the complainant fail to request a hearing, the Board shall appoint a hearing
examiner to make a recommendation based solely on the complaint, any evidence
submitted with the complaint, and any response offered by the respondent as to
whether the complaint is sufficiently grounded in fact and law. The hearing
examiner shall allow the respondent an opportunity for a hearing to present
evidence supporting any offered defense (both documentary and/or testimonial)
prior to the hearing examiner submitting the recommendation to the General
Counsel. The complainant shall be given notice and an opportunity to be
present and participate in the hearing; however, failure of the complainant to
appear at the hearing shall not factor into the hearing examiner's
recommendation as to whether the complaint is sufficiently grounded in fact and
law. After considering all evidence presented by the parties, the hearing
examiner shall prepare a written recommendation to be given to the General
Counsel for his or her recommendation and to the parties to the complaint. Upon
receipt of the recommendation of the hearing examiner and the General Counsel,
the Board shall make a final determination as to the merits of the complaint
and shall make a decision as to what, if any, action should be taken as a
result of the complaint. The final determination and decision shall be in the
form of a final order subject to appeal under the Illinois Administrative
Review Law, within the parameters of Sections 9-22, 10-10.01 and 17-33 of the
Election Code.
d) The
proceedings of the hearing shall be recorded either by a certified court
reporter or by means of an electronic recording device. Any party may provide
for his or her own recording of the proceedings of the hearing utilizing a
court reporter or any other recording device. Any associated costs, however,
shall be borne by the party providing for the recording.
e) The
Board shall render a final determination of the matters alleged in the
complaint within 90 days after the filing of the complaint. The time period
may be extended by a written waiver of the complainant. If the Board fails to
render a final determination with respect to the complaint by the end of the 90
day period and no such waiver is provided by the complainant, the Board shall
order the matter to be resolved by an alternative dispute resolution mechanism
described in Section 150.145.
(Source:
Amended at 40 Ill. Reg. 1953, effective January 5, 2016)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.35 DOCUMENTS PERTAINING TO HEARINGS
Section 150.35 Documents
Pertaining to Hearings
All documents, including but not limited to complaints,
notices and motions, shall be filed with the hearing examiner and a copy shall
be served upon the adverse party or its attorney as provided by Section 150.25
or, if agreed to by the parties, facsimile or electronic mail transmission.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.40 COMPUTATION OF TIME
Section 150.40 Computation of Time
Computation of the 90 day period of time mandated by Section
150.30(f) shall begin with the first day following the day on which the
complaint is filed and shall run until the end of the 90th day, or
the next following business day if the 90th day is a Saturday,
Sunday or State holiday as defined in Section 1-6 of the Election Code.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.45 APPEARANCES
Section 150.45 Appearances
The parties to a complaint filed pursuant to this Part may
appear on their own behalf or by an attorney at law who is licensed to practice
in the State of Illinois. Any person appearing pro se or by an attorney shall
file a written notice of appearance with the hearing examiner. The appearance
form may be submitted at the beginning of the hearing; however, if no hearing
is requested by the complainant, the appearance form shall be submitted to the
hearing examiner, pursuant to Section 150.35, within 15 business days after the
filing of the complaint.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.50 NON-LEGAL ASSISTANCE
Section 150.50 Non-Legal Assistance
Any party involved in the complaint proceeding shall have
the right to the presence and participation of additional persons in order to
provide technical assistance and/or consultation. To maintain order, the
hearing examiner may at his discretion restrict the number of additional
persons who may attend and participate in the proceedings. The State Board of
Elections, including any hearing examiners, shall provide any required
assistance to persons with disabilities. Assistance may include, but is not limited
to, sign language interpreters, large print or Braille materials and access to
the location of any hearings or meetings of the Board.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.55 DESIGNATION OF PARTIES
Section 150.55 Designation of Parties
If a complete determination of the complaint cannot be had
without the presence of other parties, the General Counsel, the hearing
examiner or the Board may direct those parties to be brought in. Service of
process shall be as provided in Section 150.25 and any subsequent motions and
other documents shall be as provided in Section 150.35. The 90 day time period
for the Board to render its final decision shall be tolled from the date the
General Counsel, hearing examiner or Board directs any additional party or
parties to be brought in until the date of service on the last party. If the General
Counsel, the hearing examiner or the Board determines that any unnecessary
parties have been named by the complainant, those parties may be dismissed.
(Source: Amended at 40 Ill. Reg. 1953,
effective January 5, 2016)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.60 ANSWER
Section 150.60 Answer
Any respondent may file a written answer to a complaint
prior to or at the time of any proceeding or hearing, but shall not be required
to file an answer. The failure to file an answer shall not be deemed an
admission of any allegation in the complaint nor a consent to any requested
relief. The answer shall be filed with the hearing examiner and at least one
copy shall be served upon all other parties to the proceeding, pursuant to Section
150.35.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.65 APPOINTMENT AND QUALIFICATIONS OF HEARING EXAMINER
Section 150.65 Appointment and Qualifications of Hearing
Examiner
Within 5 business days after the filing of a complaint, the
General Counsel shall appoint a hearing examiner to hear the complaint who
shall be a licensed attorney in the State of Illinois. If the Board is a
respondent in the complaint, the General Counsel will appoint a non-staff attorney
to act as the hearing examiner, who will act independently of the Board. Written
notice of the appointment of the hearing examiner shall be provided to the
parties within 5 business days after his or her appointment.
(Source: Amended at 40 Ill. Reg. 1953,
effective January 5, 2016)
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.70 AUTHORITY OF HEARING EXAMINER
Section 150.70 Authority of Hearing Examiner
The hearing examiner has the authority to conduct and
preside over the hearing and is empowered to take all necessary action to avoid
delay, to maintain order, to ensure compliance with all requirements contained
in this Part, and to ensure the development of a clear and complete record and
shall have all powers necessary to conduct a fair and impartial hearing.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.75 DISQUALIFICATION OF HEARING EXAMINER
Section 150.75 Disqualification of Hearing Examiner
Any party to a hearing may file a written request for
disqualification of the hearing examiner, setting forth the nature of the
personal bias, prejudice, or other grounds for disqualification. The request
shall be made to the General Counsel who will make the decision as to whether
the hearing examiner should be disqualified. When a hearing examiner is
disqualified, or it becomes impractical for him or her to continue, another hearing
examiner shall be appointed in the same manner as provided for the initial
appointment. A hearing examiner may at any time voluntarily disqualify himself
or herself. A request for disqualification made by a party shall be considered
timely if made within 10 business days after the dispatch of the notice of the
appointment of the hearing examiner and, if received by the General Counsel
pursuant to Section 150.35, at least five business days prior to the
commencement of the hearing.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.80 MOTIONS
Section 150.80 Motions
Unless otherwise directed by the hearing examiner, motions
shall be in writing and submitted to the hearing examiner and the adverse party
prior to the hearing, pursuant to Section 150.35. Where the Board is conducting
a hearing to determine the final disposition of the complaint, motions shall be
received as directed by the Board.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.85 CONSOLIDATION AND SEVERANCE OF CLAIMS: ADDITIONAL PARTIES
Section 150.85 Consolidation and Severance of Claims:
Additional Parties
In the interest of convenience and the expeditious and
complete determination of claims, the hearing examiner or the Board may
consolidate or sever complaints involving any number of parties.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.90 AMENDMENTS
Section 150.90 Amendments
Complaints may be amended under any of the following
circumstances:
a) at
the request of the General Counsel following the preliminary review referred to
in Section 150.30(a);
b) to correct any technical
defects;
c) to conform to the
evidence presented at the hearing;
d) to
conform to new matters that arise at the hearing if it appears from the
original and amended complaint that the cause of action asserted in the amended
complaint grew out of the same transaction or occurrence.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.95 PRE-HEARING CONFERENCES
Section 150.95 Pre-Hearing Conferences
a) At
the request of the hearing examiner or either party and prior to the hearing,
the hearing examiner may direct the parties or their attorneys to appear at a
specified time and place for a conference, for the purposes listed in this
subsection (a). The purposes for these conferences shall include:
1) the
simplification of issues;
2) the
necessity or desirability of amending the complaint;
3) the
possibility of stipulations of fact;
4) the
limitation of the number of witnesses;
5) and
other matters that may aid in the simplification of the evidence and
disposition of the proceeding.
b) In
exercising discretion, the hearing examiner shall give due consideration to the
time requirements of Section 150.30(f).
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.98 NOTICE OF HEARING
Section 150.98 Notice of Hearing
The hearing examiner shall provide written notice to the
parties not less than 10 business days prior to the hearing. The notice shall
include the date, time and location of the hearing and be sent via fax and
certified mail with a requested return receipt.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.100 SETTLEMENT PURSUANT TO CONFERENCE
Section 150.100 Settlement Pursuant to Conference
At any time prior to or during the hearing, an opportunity
shall be afforded all parties to dispose of the case by written stipulation,
agreed settlement or consent order, unless otherwise precluded by law. Any
stipulation, agreed settlement, or consent order shall be submitted in writing
to the Board and shall become effective only if approved by the Board.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.105 CONTINUANCES
Section 150.105 Continuances
A hearing may be continued for good cause by the hearing
examiner upon his own motion or upon motion of a party to the hearing after due
consideration of any time limitations required by law or by this Part. Notice
of any postponement or continuance shall be given to all parties at least 3
business days in advance of the previously scheduled hearing date, pursuant to
Section 150.35. All parties involved in a hearing shall attempt to avoid undue
delay caused by repetitive continuances so that the hearing may be resolved
expeditiously. Any undue delay, caused by either party may be grounds for
assignment of alternative dispute resolution service costs to that party,
pursuant to Section 150.145.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.110 FAILURE OF PARTY TO APPEAR
Section 150.110 Failure of Party to Appear
Failure of the respondent to appear on the date set for a
hearing shall not deter the hearing from proceeding unless the hearing examiner
shall, for good cause, order a continuance. Failure of the complainant to
appear on the date set for hearing without good cause shown shall be grounds
for dismissal of the complaint for want of prosecution.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.115 EVIDENCE
Section 150.115 Evidence
The hearing is an inquiry to elicit evidence on the question
of whether the complaint is sufficiently grounded in fact and law.
a) Except
with respect to matters of privilege, the rules of evidence as applied in civil
cases in courts of this State shall not be strictly applied to hearings under
this Part. Admissibility of evidence shall be liberally interpreted in order
to present all matters that are or may be relevant to the issues affecting the
parties. Hearsay evidence shall be admissible if deemed to be reliable and
trustworthy by the hearing examiner.
b) The
hearing examiner shall exclude immaterial, irrelevant and repetitious evidence.
c) A
party may conduct direct examinations or cross-examinations without rigid
adherence to formal rules of evidence, provided the examination or
cross-examination can be shown to be necessary and pertinent to a full and fair
disclosure of the subject matters of the hearing.
d) Any
person offering evidence, written or oral, shall affirm to the hearing examiner
that his or her evidence is true to the best of his or her information and belief.
e) The
hearing examiner may admit and rely upon, for his or her recommendation,
evidence or information of a type commonly relied upon by reasonably prudent
persons in the conduct of their affairs.
f) Evidence
may be submitted in narrative form.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.120 OFFICIAL NOTICE
Section 150.120 Official Notice
Notice may be taken of matters of which the circuit courts
of this State may take judicial notice. In addition, notice may be taken of
generally recognized technical or scientific facts within the Board's
specialized knowledge. The Board's experience, technical competence and
specialized knowledge may be utilized in the evaluation of any evidence submitted
by the parties.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.125 SUBPOENAS
Section 150.125 Subpoenas
a) Pursuant
to Article 10 of the Illinois Administrative Procedure Act and Section 9-18 of
the Election Code, and upon application to the hearing examiner by any party,
or upon the request of the hearing examiner, the Board may authorize the
General Counsel to issue a subpoena for attendance at the hearing, which may
include a command to produce documents or other tangible things designated in
the subpoena that are reasonably necessary to resolution of the matter under
consideration. The hearing examiner, upon motion, and in any event at or
before the time specified in the subpoena for compliance, may quash or modify
the subpoena if it is unreasonable or oppressive.
b) Every
subpoena shall state the title of the action and shall command each person to
whom it is directed:
1) to
attend and give testimony at the time and place specified; or
2) to
produce books, papers, documents or tangible things designated at the time and
place specified in the subpoena. The subpoena in this instance may provide
that personal attendance is not required.
c) The
party requesting the issuance of a subpoena compelling personal attendance
shall tender with the subpoena a check reimbursing the witness for the round
trip cost of travel between the witness's place of residence and the place
where his or her presence is requested. Reimbursement shall be equal to that
provided by the Governor's Travel Board for reimbursement of State employees
traveling on official State business.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.130 ORDER OF PROCEEDING, RECORD, RECOMMENDATION AND NOTICE
Section 150.130 Order of Proceeding, Record,
Recommendation and Notice
a) The
complainant shall present his or her case first unless the hearing examiner
concludes that overall fairness demands a different order or the parties
consent to a different order of presentation, approved by the hearing examiner.
b) At
the close of the hearing, the hearing examiner shall summarize his or her conclusions
concerning the evidence and information presented and draft a recommendation to
the Board addressing the question of whether the complaint is sufficiently
grounded in fact and law. The hearing examiner shall include any documents
tendered to him or her during the hearing and submit them with the
recommendation to the General Counsel for his or her consideration. The
General Counsel shall then present the recommendation and accompanying
documentation to the Board for its final determination.
c) The
official record of a hearing shall consist of the transcript (or tape recording
of the proceedings), copies of any motions submitted, documentary evidence,
copies of all notices and the recommendation of the hearing examiner and General
Counsel.
d) The
State Board of Elections shall provide written notice to the parties not less
than seven business days prior to the meeting of the State Board of Elections
at which the complaint will be presented for final Board disposition. The
notice shall include the time, date and location of the meeting and be sent via
fax and certified mail with a requested return receipt.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.135 RESPONSIBILITIES OF THE GENERAL COUNSEL
Section 150.135 Responsibilities of the General Counsel
a) Upon
receipt of a copy of the recommendation of the hearing examiner, the General
Counsel shall:
1) Review
the recommendation of the hearing examiner, the transcript of the proceedings,
and all admitted evidence to determine whether the facts support the
recommendation and whether questions of law have been properly applied;
2) Indicate
in writing whether he or she concurs with the recommendation of the hearing
examiner and, if not, state the reasons for the nonconcurrence; and
3) Transmit
his or her remarks and recommendation to the Board within a reasonable time
prior to the meeting at which the matter will be addressed by the Board.
b) If
the Chairman of the Board determines that circumstances exist that would make
it impossible for the General Counsel to provide a written recommendation to
the Board, the recommendation may be given orally. For purposes of making the
official record complete, the General Counsel shall, within three business days
of giving his oral recommendation, create a written recommendation setting
forth the same analysis and reasoning as that contained in the oral
recommendation. The written recommendation shall be sent to the parties
pursuant to Section 150.35.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.140 BOARD DETERMINATION
Section 150.140 Board Determination
a) After
the submission of the recommendation of the hearing examiner, the transcript
(if requested by the Board), and the recommendation of the General Counsel, the
Board shall make a final determination of whether the complaint was sufficiently
grounded in fact and law and the determination shall be set forth in the form
of a Board Order. If the Board determines that the complaint was sufficiently
grounded in fact and law, the Board shall, in its order, take whatever action
it is authorized under federal or State law and deems appropriate under the
circumstances to correct the matter complained of and shall provide a timeframe
in which its order must be complied with and the consequences of failure to
comply. If the Board determines that the complaint is not sufficiently
grounded in fact and law, and does not allege a violation of Title III of the
Act, then the Board shall dismiss the complaint or refer it to the proper
agency or department for consideration. Regardless of the Board's disposition
of the matter, the Board shall issue a written final order, subject to the
Administrative Review Law, within the parameters of Sections 9-22, 10-10.01 and
17-33 of the Election.
b) The
Board may consider and discuss the hearing examiner's recommendation through a
conference telephone call begun in open session and continued in executive
session in lieu of an in-person meeting. The consideration and discussion
shall be deemed part of the hearing process. Any action on the hearing
examiner's recommendations must be taken in open session, or if taken as part
of the telephonic conference call, that portion of the conference call shall be
broadcast over a speaker phone or other similar device at the permanent and
branch offices of the Board and that portion of the broadcast call shall be
open to the media and public.
c) All
final orders shall be posted on the State Board of Elections website. In
addition, copies of the orders shall be given to the parties and be made
available to the public.
| TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 150
ADMINISTRATIVE COMPLAINT PROCEDURES
FOR VIOLATIONS OF TITLE III OF HAVA
SECTION 150.145 ALTERNATIVE DISPUTE RESOLUTION
Section
150.145 Alternative Dispute Resolution
If the State Board of Elections fails to resolve the
complaint within 90 days after its filing, or the parties refuse to waive the
90 day deadline, the Board shall select a person, company or association
providing dispute resolution services ("the service provider") to
resolve the matter. If the parties object to the Board's selection, they shall
be provided an opportunity to select a service provider and their selection
shall then be presented to the Board. The Board shall select the service provider
in consultation with the parties. If the Board and the parties fail to agree
on the choice of the service provider, the names of the selections shall be
placed in a container and the service provider shall be determined by lot,
drawn by the Chairman of the Board. In all circumstances, the service provider
shall have at least two years experience in providing mediation services in Illinois. Pursuant to section 402(a)(I) of HAVA, the matter shall be resolved within 60
days after its referral and this time limitation shall be included in any
contract for the provision of alternative dispute resolution services. Costs
of the service shall be borne by the Board. The record from any hearing
conducted under this Part shall be made available for use by the service
provider to have costs of the services shifted to either party. The decision
of the service provider shall be subject to judicial review. The Board may
petition the service provider to have the costs of the services shifted to
either party. The petition shall set forth facts warranting the shifting of
costs and must show, at a minimum, that a determination was made by the service
provider that the complaint was completely lacking any basis in fact or law, or
unreasonable delay caused by the party resulted in the matter not being
resolved by the Board within the original 90-day time period.
(Source: Amended at 40 Ill. Reg. 1953,
effective January 5, 2016)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
