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91_HB0525enr
HB0525 Enrolled LRB9102501MWmg
1 AN ACT to amend the Election Code by changing Section
2 10-10.
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 10-10 as follows:
7 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
8 Sec. 10-10. Within 24 hours after the receipt of the
9 certificate of nomination or nomination papers or proposed
10 question of public policy, as the case may be, and the
11 objector's petition, the chairman of the electoral board
12 other than the State Board of Elections shall send a call by
13 registered or certified mail to each of the members of the
14 electoral board, and to the objector who filed the objector's
15 petition, and either to the candidate whose certificate of
16 nomination or nomination papers are objected to or to the
17 principal proponent or attorney for proponents of a question
18 of public policy, as the case may be, whose petitions are
19 objected to, and shall also cause the sheriff of the county
20 or counties in which such officers and persons reside to
21 serve a copy of such call upon each of such officers and
22 persons, which call shall set out the fact that the electoral
23 board is required to meet to hear and pass upon the
24 objections to nominations made for the office, designating
25 it, and shall state the day, hour and place at which the
26 electoral board shall meet for the purpose, which place shall
27 be in the county court house in the county in the case of the
28 County Officers Electoral Board, the Municipal Officers
29 Electoral Board, the Township Officers Electoral Board or the
30 Education Officers Electoral Board. The Township Officers
31 Electoral Board may meet in the township offices, if they are
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1 available, rather than the county courthouse. In those
2 cases where the State Board of Elections is the electoral
3 board designated under Section 10-9, the chairman of the
4 State Board of Elections shall, within 24 hours after the
5 receipt of the certificate of nomination or nomination papers
6 or petitions for a proposed amendment to Article IV of the
7 Constitution or proposed statewide question of public policy,
8 send a call by registered or certified mail to the objector
9 who files the objector's petition, and either to the
10 candidate whose certificate of nomination or nomination
11 papers are objected to or to the principal proponent or
12 attorney for proponents of the proposed Constitutional
13 amendment or statewide question of public policy and shall
14 state the day, hour and place at which the electoral board
15 shall meet for the purpose, which place may be in the Capitol
16 Building or in the principal or permanent branch office of
17 the State Board. The day of the meeting shall not be less
18 than 3 nor more than 5 days after the receipt of the
19 certificate of nomination or nomination papers and the
20 objector's petition by the chairman of the electoral board.
21 The electoral board shall have the power to administer
22 oaths and to subpoena and examine witnesses and at the
23 request of either party the chairman may issue subpoenas
24 requiring the attendance of witnesses and subpoenas duces
25 tecum requiring the production of such books, papers, records
26 and documents as may be evidence of any matter under inquiry
27 before the electoral board, in the same manner as witnesses
28 are subpoenaed in the Circuit Court.
29 Service of such subpoenas shall be made by any sheriff or
30 other person in the same manner as in cases in such court and
31 the fees of such sheriff shall be the same as is provided by
32 law, and shall be paid by the objector or candidate who
33 causes the issuance of the subpoena. In case any person so
34 served shall knowingly neglect or refuse to obey any such
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1 subpoena, or to testify, the electoral board shall at once
2 file a petition in the circuit court of the county in which
3 such hearing is to be heard, or has been attempted to be
4 heard, setting forth the facts, of such knowing refusal or
5 neglect, and accompanying the petition with a copy of the
6 citation and the answer, if one has been filed, together with
7 a copy of the subpoena and the return of service thereon, and
8 shall apply for an order of court requiring such person to
9 attend and testify, and forthwith produce books and papers,
10 before the electoral board. Any circuit court of the state,
11 excluding the judge who is sitting on the electoral board,
12 upon such showing shall order such person to appear and
13 testify, and to forthwith produce such books and papers,
14 before the electoral board at a place to be fixed by the
15 court. If such person shall knowingly fail or refuse to obey
16 such order of the court without lawful excuse, the court
17 shall punish him or her by fine and imprisonment, as the
18 nature of the case may require and may be lawful in cases of
19 contempt of court.
20 The electoral board on the first day of its meeting shall
21 adopt rules of procedure for the introduction of evidence and
22 the presentation of arguments and may, in its discretion,
23 provide for the filing of briefs by the parties to the
24 objection or by other interested persons.
25 In the event of a State Electoral Board hearing on
26 objections to a petition for an amendment to Article IV of
27 the Constitution pursuant to Section 3 of Article XIV of the
28 Constitution, or to a petition for a question of public
29 policy to be submitted to the voters of the entire State, the
30 certificates of the county clerks and boards of election
31 commissioners showing the results of the random sample of
32 signatures on the petition shall be prima facie valid and
33 accurate, and shall be presumed to establish the number of
34 valid and invalid signatures on the petition sheets reviewed
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1 in the random sample, as prescribed in Section 28-11 and
2 28-12 of this Code. Either party, however, may introduce
3 evidence at such hearing to dispute the findings as to
4 particular signatures. In addition to the foregoing, in the
5 absence of competent evidence presented at such hearing by a
6 party substantially challenging the results of a random
7 sample, or showing a different result obtained by an
8 additional sample, this certificate of a county clerk or
9 board of election commissioners shall be presumed to
10 establish the ratio of valid to invalid signatures within the
11 particular election jurisdiction.
12 The electoral board shall take up the question as to
13 whether or not the certificate of nomination or nomination
14 papers or petitions are in proper form, and whether or not
15 they were filed within the time and under the conditions
16 required by law, and whether or not they are the genuine
17 certificate of nomination or nomination papers or petitions
18 which they purport to be, and whether or not in the case of
19 the certificate of nomination in question it represents
20 accurately the decision of the caucus or convention issuing
21 it, and in general shall decide whether or not the
22 certificate of nomination or nominating papers or petitions
23 on file are valid or whether the objections thereto should be
24 sustained and the decision of a majority of the electoral
25 board shall be final subject to judicial review as provided
26 in Section 10-10.1. The electoral board must state its
27 findings in writing and must state in writing which
28 objections, if any, it has sustained.
29 Upon the expiration of the period within which a
30 proceeding for judicial review must be commenced under
31 Section 10--10.1, the electoral board shall, unless a
32 proceeding for judicial review has been commenced within such
33 period, transmit, by registered or certified mail, a
34 certified copy of its ruling, together with the original
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1 certificate of nomination or nomination papers or petitions
2 and the original objector's petition, to the officer or board
3 with whom the certificate of nomination or nomination papers
4 or petitions, as objected to, were on file, and such officer
5 or board shall abide by and comply with the ruling so made to
6 all intents and purposes.
7 (Source: P.A. 85-293; 86-1348.)
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