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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing Section | |||||||||||||||||||
5 | 10-10 as follows:
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6 | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
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7 | Sec. 10-10. Within 24 hours after the receipt of the | |||||||||||||||||||
8 | certificate of
nomination or nomination papers or proposed | |||||||||||||||||||
9 | question of public
policy, as the case may be, and the | |||||||||||||||||||
10 | objector's petition, the chairman
of the electoral board other | |||||||||||||||||||
11 | than the State Board of Elections shall
send a call by | |||||||||||||||||||
12 | registered or certified mail to each of the members of the
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13 | electoral board, and to the objector who filed the objector's | |||||||||||||||||||
14 | petition, and
either to the candidate whose certificate of | |||||||||||||||||||
15 | nomination or nomination
papers are objected to or to the | |||||||||||||||||||
16 | principal proponent or attorney for
proponents of a question of | |||||||||||||||||||
17 | public policy, as the case may be, whose
petitions are objected | |||||||||||||||||||
18 | to, and shall also cause the sheriff of the county
or counties | |||||||||||||||||||
19 | in which such officers and persons reside to serve a copy of
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20 | such call upon each of such officers and persons, which call | |||||||||||||||||||
21 | shall set out
the fact that the electoral board is required to | |||||||||||||||||||
22 | meet to hear and pass upon
the objections to nominations made | |||||||||||||||||||
23 | for the office, designating it, and
shall state the day, hour |
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1 | and place at which the electoral board shall meet
for the | ||||||
2 | purpose, which place shall be in the
county court house in the | ||||||
3 | county in the case of the County Officers
Electoral Board, the | ||||||
4 | Municipal Officers Electoral Board, the Township
Officers | ||||||
5 | Electoral Board or the Education Officers Electoral Board , | ||||||
6 | except that the Municipal Officers Electoral Board, the | ||||||
7 | Township Officers Electoral Board, and the Education Officers | ||||||
8 | Electoral Board may meet at the location where the governing | ||||||
9 | body of the municipality, township, or school or community | ||||||
10 | college district, respectively, holds its regularly scheduled | ||||||
11 | meetings, if that location is available .
The Township Officers | ||||||
12 | Electoral Board may meet in the township offices, if
they are | ||||||
13 | available, rather than the county courthouse.
In
those cases | ||||||
14 | where the State Board of Elections is the electoral board
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15 | designated under Section 10-9, the chairman of the State Board | ||||||
16 | of Elections
shall, within 24 hours after the receipt of the | ||||||
17 | certificate of nomination
or nomination papers or petitions for | ||||||
18 | a proposed amendment to Article IV of
the Constitution or | ||||||
19 | proposed statewide question of public policy, send a
call by | ||||||
20 | registered or certified mail to the objector who files the
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21 | objector's petition, and either to the candidate whose | ||||||
22 | certificate of
nomination or nomination papers are objected to | ||||||
23 | or to the principal
proponent or attorney for proponents of the | ||||||
24 | proposed Constitutional
amendment or statewide question of | ||||||
25 | public policy and shall state the day,
hour and place at which | ||||||
26 | the electoral board shall meet for the purpose,
which place may |
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1 | be in the Capitol Building or in the principal or permanent
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2 | branch office of the State Board. The day of the meeting shall | ||||||
3 | not be less
than 3 nor more than 5 days after the receipt of the | ||||||
4 | certificate of
nomination or nomination papers and the | ||||||
5 | objector's petition by the chairman
of the electoral board.
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6 | The electoral board shall have the power to administer | ||||||
7 | oaths and to
subpoena and examine witnesses and at the request | ||||||
8 | of either party the
chairman may issue subpoenas requiring the | ||||||
9 | attendance of witnesses and
subpoenas duces tecum requiring the | ||||||
10 | production of such books, papers,
records and documents as may | ||||||
11 | be evidence of any matter under inquiry
before the electoral | ||||||
12 | board, in the same manner as witnesses are
subpoenaed in the | ||||||
13 | Circuit Court.
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14 | Service of such subpoenas shall be made by any sheriff or | ||||||
15 | other
person in the same manner as in cases in such court and | ||||||
16 | the fees of such
sheriff shall be the same as is provided by | ||||||
17 | law, and shall be paid by
the objector or candidate who causes | ||||||
18 | the issuance of the subpoena. In
case any person so served | ||||||
19 | shall knowingly neglect or refuse to obey any
such subpoena, or | ||||||
20 | to testify, the electoral board shall at once file a
petition | ||||||
21 | in the circuit court of the county in which such hearing is to
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22 | be heard, or has been attempted to be heard, setting forth the | ||||||
23 | facts, of
such knowing refusal or neglect, and accompanying the | ||||||
24 | petition with a
copy of the citation and the answer, if one has | ||||||
25 | been filed, together
with a copy of the subpoena and the return | ||||||
26 | of service thereon, and shall
apply for an order of court |
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1 | requiring such person to attend and testify,
and forthwith | ||||||
2 | produce books and papers, before the electoral board. Any
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3 | circuit court of the state, excluding the judge who is sitting | ||||||
4 | on the electoral
board, upon such showing shall order such | ||||||
5 | person to appear and testify,
and to forthwith produce such | ||||||
6 | books and papers, before the electoral board
at a place to be | ||||||
7 | fixed by the court. If such person shall knowingly fail
or | ||||||
8 | refuse to obey such order of the court without lawful excuse, | ||||||
9 | the court
shall punish him or her by fine and imprisonment, as | ||||||
10 | the nature of the case
may require and may be lawful in cases | ||||||
11 | of contempt of court.
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12 | The electoral board on the first day of its meeting shall | ||||||
13 | adopt rules
of procedure for the introduction of evidence and | ||||||
14 | the presentation of
arguments and may, in its discretion, | ||||||
15 | provide for the filing of briefs
by the parties to the | ||||||
16 | objection or by other interested persons.
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17 | In the event of a State Electoral Board hearing on | ||||||
18 | objections to a
petition for an amendment to Article IV of the | ||||||
19 | Constitution
pursuant to Section 3 of Article XIV of the | ||||||
20 | Constitution, or to a
petition for a question of public policy | ||||||
21 | to be submitted to the
voters of the entire State, the | ||||||
22 | certificates of the county clerks and boards
of election | ||||||
23 | commissioners showing the results of the random sample of
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24 | signatures on the petition shall be prima facie valid and | ||||||
25 | accurate, and
shall be presumed to establish the number of | ||||||
26 | valid and invalid
signatures on the petition sheets reviewed in |
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1 | the random sample, as prescribed
in Section 28-11 and 28-12 of | ||||||
2 | this Code. Either party, however, may introduce
evidence at | ||||||
3 | such hearing to dispute the findings as to particular | ||||||
4 | signatures.
In addition to the foregoing, in the absence of | ||||||
5 | competent evidence presented
at such hearing by a party | ||||||
6 | substantially challenging the results of a random
sample, or | ||||||
7 | showing a different result obtained by an additional sample,
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8 | this certificate of a county clerk or board of election | ||||||
9 | commissioners shall
be presumed to establish the ratio of valid | ||||||
10 | to invalid signatures within
the particular election | ||||||
11 | jurisdiction.
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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 they | ||||||
15 | were filed within the time and
under the conditions required by | ||||||
16 | law, and whether or not they are the
genuine certificate of | ||||||
17 | nomination or nomination papers or petitions
which they purport | ||||||
18 | to be, and whether or not in the case of the
certificate of | ||||||
19 | nomination in question it represents accurately the
decision of | ||||||
20 | the caucus or convention issuing it, and in general shall
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21 | decide whether or not the certificate of nomination or | ||||||
22 | nominating papers
or petitions on file are valid or whether the | ||||||
23 | objections thereto should
be sustained and the decision of a | ||||||
24 | majority of the electoral board shall
be final subject to | ||||||
25 | judicial review as provided in Section 10-10.1. The
electoral | ||||||
26 | board must state its findings in writing and must state in
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1 | writing which objections, if any, it has sustained.
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2 | Upon the expiration of the period within which a proceeding | ||||||
3 | for
judicial review must be commenced under Section 10--10.1, | ||||||
4 | the electoral
board shall, unless a proceeding for judicial | ||||||
5 | review has been commenced
within such period, transmit, by | ||||||
6 | registered or certified mail, a
certified copy of its ruling, | ||||||
7 | together with the original certificate of
nomination or | ||||||
8 | nomination papers or petitions and the original objector's
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9 | petition, to the officer or board with whom the certificate of
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10 | nomination or nomination papers or petitions, as objected to, | ||||||
11 | were on
file, and such officer or board shall abide by and | ||||||
12 | comply with the
ruling so made to all intents and purposes.
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13 | (Source: P.A. 91-285, eff. 1-1-00.)
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