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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 | |||||||||||||||||||||||||||||
5 | Sections 10-10, 28-3, 28-9, 28-11, 28-12, and 28-13 as | |||||||||||||||||||||||||||||
6 | follows:
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7 | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
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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 chair
of the electoral board other | |||||||||||||||||||||||||||||
12 | 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
or | |||||||||||||||||||||||||||||
20 | counties in which such officers and persons reside to serve a | |||||||||||||||||||||||||||||
21 | copy of
such call upon each of such officers and persons, which | |||||||||||||||||||||||||||||
22 | call shall set out
the fact that the electoral board is | |||||||||||||||||||||||||||||
23 | required to meet to hear and pass upon
the objections to |
| |||||||
| |||||||
1 | nominations made for the office, designating it, and
shall | ||||||
2 | state the day, hour and place at which the electoral board | ||||||
3 | shall meet
for the purpose, which place shall be in the
county | ||||||
4 | court house in the county in the case of the County Officers
| ||||||
5 | Electoral Board, the Municipal Officers Electoral Board, the | ||||||
6 | Township
Officers Electoral Board or the Education Officers | ||||||
7 | Electoral Board, except that the Municipal Officers Electoral | ||||||
8 | Board, the Township Officers Electoral Board, and the | ||||||
9 | Education Officers Electoral Board may meet at the location | ||||||
10 | where the governing body of the municipality, township, or | ||||||
11 | community college district, respectively, holds its regularly | ||||||
12 | scheduled meetings, if that location is available; provided | ||||||
13 | that voter records may be removed from the offices of an | ||||||
14 | election authority only at the discretion and under the | ||||||
15 | supervision of the election authority.
In
those cases where | ||||||
16 | the State Board of Elections is the electoral board
designated | ||||||
17 | under Section 10-9, the chair of the State Board of Elections
| ||||||
18 | shall, within 24 hours after the receipt of the certificate of | ||||||
19 | nomination
or nomination papers or petitions for a proposed | ||||||
20 | amendment to Article IV of
the Constitution or proposed | ||||||
21 | statewide question of public policy, send a
call by registered | ||||||
22 | or certified mail to the objector who files the
objector's | ||||||
23 | petition, and either to the candidate whose certificate of
| ||||||
24 | nomination or nomination papers are objected to or to the | ||||||
25 | principal
proponent or attorney for proponents of the proposed | ||||||
26 | Constitutional
amendment or statewide question of public |
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| |||||||
1 | policy and shall state the day,
hour, and place at which the | ||||||
2 | electoral board shall meet for the purpose,
which place may be | ||||||
3 | in the Capitol Building or in the principal or permanent
| ||||||
4 | branch office of the State Board. The day of the meeting shall | ||||||
5 | not be less
than 3 nor more than 5 days after the receipt of | ||||||
6 | the certificate of
nomination or nomination papers and the | ||||||
7 | objector's petition by the chair
of the electoral board.
| ||||||
8 | The electoral board shall have the power to administer | ||||||
9 | oaths and to
subpoena and examine witnesses and, at the | ||||||
10 | request of either party and only upon a vote by a majority of | ||||||
11 | its members, may authorize the chair
to issue subpoenas | ||||||
12 | requiring the attendance of witnesses and
subpoenas duces | ||||||
13 | tecum requiring the production of such books, papers,
records | ||||||
14 | and documents as may be evidence of any matter under inquiry
| ||||||
15 | before the electoral board, in the same manner as witnesses | ||||||
16 | are
subpoenaed in the Circuit Court.
| ||||||
17 | Service of such subpoenas shall be made by any sheriff or | ||||||
18 | other
person in the same manner as in cases in such court and | ||||||
19 | the fees of such
sheriff shall be the same as is provided by | ||||||
20 | law, and shall be paid by
the objector or candidate who causes | ||||||
21 | the issuance of the subpoena. In
case any person so served | ||||||
22 | shall knowingly neglect or refuse to obey any
such subpoena, | ||||||
23 | or to testify, the electoral board shall at once file a
| ||||||
24 | petition in the circuit court of the county in which such | ||||||
25 | hearing is to
be heard, or has been attempted to be heard, | ||||||
26 | setting forth the facts, of
such knowing refusal or neglect, |
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1 | and accompanying the petition with a
copy of the citation and | ||||||
2 | the answer, if one has been filed, together
with a copy of the | ||||||
3 | subpoena and the return of service thereon, and shall
apply | ||||||
4 | for an order of court requiring such person to attend and | ||||||
5 | testify,
and forthwith produce books and papers, before the | ||||||
6 | electoral board. Any
circuit court of the state, excluding the | ||||||
7 | judge who is sitting on the electoral
board, upon such showing | ||||||
8 | shall order such person to appear and testify,
and to | ||||||
9 | forthwith produce such books and papers, before the electoral | ||||||
10 | board
at a place to be fixed by the court. If such person shall | ||||||
11 | knowingly fail
or refuse to obey such order of the court | ||||||
12 | without lawful excuse, the court
shall punish him or her by | ||||||
13 | fine and imprisonment, as the nature of the case
may require | ||||||
14 | and may be lawful in cases of contempt of court.
| ||||||
15 | The electoral board on the first day of its meeting shall | ||||||
16 | adopt rules
of procedure for the introduction of evidence and | ||||||
17 | the presentation of
arguments and may, in its discretion, | ||||||
18 | provide for the filing of briefs
by the parties to the | ||||||
19 | objection or by other interested persons.
| ||||||
20 | In the event of a State Electoral Board hearing on | ||||||
21 | objections to a
petition for an amendment to Article IV of the | ||||||
22 | Constitution
pursuant to Section 3 of Article XIV of the | ||||||
23 | Constitution, proposed statewide advisory public question, or | ||||||
24 | to a
petition for a question of public policy to be submitted | ||||||
25 | to the
voters of the entire State, the certificates of the | ||||||
26 | county clerks and boards
of election commissioners showing the |
| |||||||
| |||||||
1 | results of the random sample of
signatures on the petition | ||||||
2 | shall be prima facie valid and accurate, and
shall be presumed | ||||||
3 | to establish the number of valid and invalid
signatures on the | ||||||
4 | petition sheets reviewed in the random sample , as prescribed
| ||||||
5 | in Section 28-11 and 28-12 of this Code. Either party, | ||||||
6 | however, may introduce
evidence at such hearing to dispute the | ||||||
7 | findings as to particular signatures.
In addition to the | ||||||
8 | foregoing, in the absence of competent evidence presented
at | ||||||
9 | such hearing by a party substantially challenging the results | ||||||
10 | of a random
sample, such results or showing a different result | ||||||
11 | obtained by an additional sample,
this certificate of a county | ||||||
12 | clerk or board of election commissioners shall
be presumed to | ||||||
13 | establish the ratio of valid to invalid signatures on the | ||||||
14 | petition within
the particular election jurisdiction .
| ||||||
15 | The electoral board shall take up the question as to | ||||||
16 | whether or not
the certificate of nomination or nomination | ||||||
17 | papers or petitions are in
proper form, and whether or not they | ||||||
18 | were filed within the time and
under the conditions required | ||||||
19 | by law, and whether or not they are the
genuine certificate of | ||||||
20 | nomination or nomination papers or petitions
which they | ||||||
21 | purport to be, and whether or not in the case of the
| ||||||
22 | certificate of nomination in question it represents accurately | ||||||
23 | the
decision of the caucus or convention issuing it, and in | ||||||
24 | general shall
decide whether or not the certificate of | ||||||
25 | nomination or nominating papers
or petitions on file are valid | ||||||
26 | or whether the objections thereto should
be sustained and the |
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| |||||||
1 | decision of a majority of the electoral board shall
be final | ||||||
2 | subject to judicial review as provided in Section 10-10.1. The
| ||||||
3 | electoral board must state its findings in writing and must | ||||||
4 | state in
writing which objections, if any, it has sustained. A | ||||||
5 | copy of the decision shall be served upon the parties to the | ||||||
6 | proceedings in open proceedings before the electoral board. If | ||||||
7 | a party does not appear for receipt of the decision, the | ||||||
8 | decision shall be deemed to have been served on the absent | ||||||
9 | party on the date when a copy of the decision is personally | ||||||
10 | delivered or on the date when a copy of the decision is | ||||||
11 | deposited in the United States mail, in a sealed envelope or | ||||||
12 | package, with postage prepaid, addressed to each party | ||||||
13 | affected by the decision or to such party's attorney of | ||||||
14 | record, if any, at the address on record for such person in the | ||||||
15 | files of the electoral board.
| ||||||
16 | Upon the expiration of the period within which a | ||||||
17 | proceeding for
judicial review must be commenced under Section | ||||||
18 | 10-10.1, the electoral
board shall, unless a proceeding for | ||||||
19 | judicial review has been commenced
within such period, | ||||||
20 | transmit, by registered or certified mail, a
certified copy of | ||||||
21 | its ruling, together with the original certificate of
| ||||||
22 | nomination or nomination papers or petitions and the original | ||||||
23 | objector's
petition, to the officer or board with whom the | ||||||
24 | certificate of
nomination or nomination papers or petitions, | ||||||
25 | as objected to, were on
file, and such officer or board shall | ||||||
26 | abide by and comply with the
ruling so made to all intents and |
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| |||||||
1 | purposes.
| ||||||
2 | (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16; | ||||||
3 | 100-1027, eff. 1-1-19 .)
| ||||||
4 | (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
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5 | Sec. 28-3. Form of petition for public question. Petitions | ||||||
6 | for the
submission of public questions shall
consist of sheets | ||||||
7 | of uniform size and each sheet shall contain, above
the space | ||||||
8 | for signature, an appropriate heading, giving the information
| ||||||
9 | as to the question of public policy to be submitted, and | ||||||
10 | specifying the
state at large or the political subdivision or | ||||||
11 | district or precinct or
combination of precincts or other | ||||||
12 | territory in which it is to be submitted and,
where by law the | ||||||
13 | public question must be submitted at a particular election,
| ||||||
14 | the election at which it is to be submitted. In the case of a | ||||||
15 | petition for the
submission of a public question described in | ||||||
16 | subsection (b) of Section 28-6,
the heading shall also specify | ||||||
17 | the regular election at which the question is to
be submitted | ||||||
18 | and include the precincts included in the territory concerning
| ||||||
19 | which the public question is to be submitted, as well as a | ||||||
20 | common description
of such territory in plain and nonlegal | ||||||
21 | language, such description to describe
the territory by | ||||||
22 | reference to streets, natural or artificial landmarks,
| ||||||
23 | addresses or any other method which would enable a voter | ||||||
24 | signing the petition
to be informed of the territory | ||||||
25 | concerning which the question is to be
submitted. The heading |
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| |||||||
1 | of each sheet shall be the same. Such petition shall be
signed | ||||||
2 | by the registered voters of the political subdivision or | ||||||
3 | district or
precinct or combination of precincts in which the | ||||||
4 | question of public policy is
to be submitted in their own | ||||||
5 | proper persons only, and opposite the
signature of each signer | ||||||
6 | his residence address shall be written or
printed, which | ||||||
7 | residence address shall include the street address or
rural | ||||||
8 | route number of the signer, as the case may be, as well as the
| ||||||
9 | signer's county, and city, village or town, and state; | ||||||
10 | provided that
the county or city, village or
town, and state of | ||||||
11 | residence of such electors may be printed on the
petition | ||||||
12 | forms where all of the electors signing the petition
reside in | ||||||
13 | the same county or city, village or town, and state. Standard
| ||||||
14 | abbreviations may be used in writing the residence address, | ||||||
15 | including
street number, if any. No signature shall be valid | ||||||
16 | or be counted in
considering the validity or sufficiency of | ||||||
17 | such petition unless the
requirements of this Section are | ||||||
18 | complied with.
| ||||||
19 | At the bottom of each sheet of such petition shall be added | ||||||
20 | a
circulator's statement, signed by a person 18 years of age or | ||||||
21 | older who
is a citizen of the United States, stating the street | ||||||
22 | address or rural route
number, as the case may be, as well as | ||||||
23 | the county,
city,
village or town, and state; certifying that | ||||||
24 | the signatures on that sheet of
the
petition were signed in his | ||||||
25 | or her presence and are genuine, and that to
the best
of his or | ||||||
26 | her knowledge and belief the persons so signing were at the |
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1 | time
of
signing the petition registered voters of the | ||||||
2 | political subdivision or
district or precinct or combination | ||||||
3 | of precincts in which the question of
public policy is to be | ||||||
4 | submitted and that their respective residences are
correctly | ||||||
5 | stated therein. Such statement shall be sworn to before some
| ||||||
6 | officer authorized to administer oaths in this State.
| ||||||
7 | Such sheets, before being filed with the proper officer or | ||||||
8 | board
shall be bound securely and numbered consecutively. The | ||||||
9 | sheets shall not be
fastened by pasting them together end to | ||||||
10 | end, so as to form a continuous strip
or roll. All petition | ||||||
11 | sheets which are filed with the proper local election
| ||||||
12 | officials, election authorities or the State Board of | ||||||
13 | Elections shall be the
original sheets which have been signed | ||||||
14 | by the voters and by the circulator, and
not photocopies or | ||||||
15 | duplicates of such sheets. A petition, when presented or
| ||||||
16 | filed, shall not be withdrawn, altered, or added to, and no | ||||||
17 | signature shall be
revoked except by revocation in writing | ||||||
18 | presented or filed with the board or
officer with whom the | ||||||
19 | petition is required to be presented or filed, and before
the | ||||||
20 | presentment or filing of such petition, except as may | ||||||
21 | otherwise be provided
in another statute which authorize the | ||||||
22 | public question. Whoever forges any name
of a signer upon any | ||||||
23 | petition shall be deemed guilty of a forgery, and on
| ||||||
24 | conviction thereof, shall be punished accordingly.
| ||||||
25 | In addition to the foregoing requirements, a petition | ||||||
26 | proposing an amendment
to Article IV of the Constitution |
| |||||||
| |||||||
1 | pursuant to Section 3 of Article XIV of
the Constitution , | ||||||
2 | proposed statewide advisory public question, or a petition | ||||||
3 | proposing a question of public policy to
be submitted to the | ||||||
4 | voters of the entire State shall be in conformity with
the | ||||||
5 | requirements of Section 28-9 of this Article.
| ||||||
6 | If multiple sets of petitions for submission of the same | ||||||
7 | public
questions are filed, the State Board of Elections, | ||||||
8 | appropriate election
authority or local election official | ||||||
9 | where the petitions are filed shall
within 2 business days | ||||||
10 | notify the proponent of his or her multiple petition
filings | ||||||
11 | and that proponent has 3 business days after receipt of the | ||||||
12 | notice
to notify the State Board of Elections, appropriate | ||||||
13 | election authority or
local election official that he or she | ||||||
14 | may cancel prior sets of petitions.
If the proponent notifies | ||||||
15 | the State Board of Elections, appropriate
election authority | ||||||
16 | or local election official, the last set of petitions
filed | ||||||
17 | shall be the only petitions to be considered valid by the State | ||||||
18 | Board
of Elections, appropriate election authority or local | ||||||
19 | election official. If the
proponent fails to notify the State | ||||||
20 | Board of Elections, appropriate
election authority or local | ||||||
21 | election official then only the first set of
petitions filed | ||||||
22 | shall be valid and all subsequent petitions shall be void.
| ||||||
23 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
24 | (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
| ||||||
25 | Sec. 28-9.
Petitions for proposed amendments to Article IV |
| |||||||
| |||||||
1 | of the
Constitution pursuant to Section 3, Article XIV of the | ||||||
2 | Constitution shall be
signed by a number of electors equal in | ||||||
3 | number to at least 8% of the total
votes cast for candidates | ||||||
4 | for Governor in the preceding gubernatorial election.
Such | ||||||
5 | petition shall have been signed by the petitioning electors | ||||||
6 | not more than
24 months preceding the general election at | ||||||
7 | which the proposed amendment is to
be submitted and shall be | ||||||
8 | filed with the Secretary of State at least 6 months
before that | ||||||
9 | general election.
| ||||||
10 | Upon receipt of a petition for a proposed Constitutional | ||||||
11 | amendment, the
Secretary of State shall, as soon as is | ||||||
12 | practicable, but no later than the
close of the next business | ||||||
13 | day, deliver such petition to the State Board of
Elections.
| ||||||
14 | Petitions for advisory questions of public policy to be | ||||||
15 | submitted to the
voters of the entire State shall be signed by | ||||||
16 | a number of voters
equal in number to 8% of the total votes | ||||||
17 | cast for candidates for Governor in
the preceding | ||||||
18 | gubernatorial election. Such petition shall have been signed | ||||||
19 | by
said petitioners not more than 24 months preceding the date | ||||||
20 | of the general
election at which the question is to be | ||||||
21 | submitted and shall be filed with the
State Board of Elections | ||||||
22 | at least 6 months before that general election.
| ||||||
23 | The proponents of the proposed statewide advisory
public | ||||||
24 | question shall file the original petition in bound
sections. | ||||||
25 | Each section shall be composed of consecutively numbered | ||||||
26 | petition
sheets containing only the signatures of registered |
| |||||||
| |||||||
1 | voters.
Any petition sheets not consecutively numbered or | ||||||
2 | which contain duplicate
page numbers already used on other | ||||||
3 | sheets, or are photocopies or duplicates
of the original | ||||||
4 | sheets, shall not be considered part of the petition for
the | ||||||
5 | purpose of the random sampling verification and shall not be | ||||||
6 | counted
toward the minimum number of signatures required to | ||||||
7 | qualify the proposed
statewide advisory public question for | ||||||
8 | the ballot.
| ||||||
9 | Within 7 business days following the last day for filing | ||||||
10 | the original
petition, the proponents shall also file copies | ||||||
11 | of the petition sheets with each proper election authority
and | ||||||
12 | obtain a receipt therefor.
| ||||||
13 | For purposes of this Act, the following terms shall be | ||||||
14 | defined and construed
as follows:
| ||||||
15 | 1. "Board" means the State Board of Elections.
| ||||||
16 | 2. "Election Authority" means a county clerk or city or | ||||||
17 | county board of
election commissioners.
| ||||||
18 | 3. (Blank).
| ||||||
19 | 4. "Proponents" means any person, association, committee, | ||||||
20 | organization
or other group, or their designated | ||||||
21 | representatives, who advocate and cause
the circulation and | ||||||
22 | filing of petitions for a statewide advisory question
of | ||||||
23 | public policy or a proposed constitutional amendment for | ||||||
24 | submission at
a general election and who has registered with | ||||||
25 | the Board as provided in
this Act.
| ||||||
26 | 5. "Opponents" means any person, association, committee, |
| |||||||
| |||||||
1 | organization
or other group, or their designated | ||||||
2 | representatives, who oppose a statewide
advisory question of | ||||||
3 | public policy or a proposed constitutional amendment
for | ||||||
4 | submission at a general election and who have registered with | ||||||
5 | the Board
as provided in this Act.
| ||||||
6 | (Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
| ||||||
7 | (10 ILCS 5/28-11) (from Ch. 46, par. 28-11)
| ||||||
8 | Sec. 28-11.
The Board shall design a standard and | ||||||
9 | scientific random
sampling method for the verification of | ||||||
10 | petition signatures for statewide advisory referenda and shall | ||||||
11 | conduct
a public test to prove the validity of its sampling | ||||||
12 | method. Notice of the
time and place for such test shall be | ||||||
13 | given at least 10 days before the date
on which such test is to | ||||||
14 | be conducted and in the manner prescribed for notice
of | ||||||
15 | regular Board meetings. Signatures on petitions for | ||||||
16 | constitutional amendments initiated pursuant to Article XIV, | ||||||
17 | Section 3 of the Illinois Constitution or statewide advisory | ||||||
18 | referenda need not be segregated by election jurisdiction. The | ||||||
19 | Board shall design an alternative signature verification | ||||||
20 | method for referenda initiated pursuant to Article XIV, | ||||||
21 | Section 3 of the Illinois Constitution and statewide advisory | ||||||
22 | referenda .
| ||||||
23 | The Within 14 business days following the last day for the | ||||||
24 | filing
of the original petition
as prescribed in Section 28-9, | ||||||
25 | the Board shall apply its proven random sampling
method to the |
| |||||||
| |||||||
1 | petition sheets in each election jurisdiction section for
the | ||||||
2 | purpose of selecting and identifying the petition signatures | ||||||
3 | to be included
in the sample signature verification to be | ||||||
4 | conducted by the Board. for the respective jurisdictions and
| ||||||
5 | shall prepare and transmit to each proper election authority a | ||||||
6 | list by page
and line number of the signatures from its | ||||||
7 | election jurisdiction selected
for verification.
| ||||||
8 | For each election jurisdiction, the sample verification | ||||||
9 | shall include an
examination of either (a) 10% of the | ||||||
10 | signatures if 5,010 or more signatures
are involved; or (b) | ||||||
11 | 500 signatures if more than 500 but less than 5,010
signatures | ||||||
12 | are involved; or (c) all signatures if 500 or less signatures | ||||||
13 | are involved.
| ||||||
14 | The Board Each election authority with whom jurisdictional | ||||||
15 | copies of petition sheets
were filed shall determine the | ||||||
16 | validity use the proven random sampling method designed and | ||||||
17 | furnished
by the Board for the verification of those | ||||||
18 | signatures contained in the sample shown on the list supplied
| ||||||
19 | by the Board and in accordance with the adopted rules of | ||||||
20 | procedure and in accordance with the following criteria for | ||||||
21 | determination
of petition signature validity :
| ||||||
22 | 1. Determine if the person who signed the petition is | ||||||
23 | a registered voter
in that election jurisdiction or was a | ||||||
24 | registered voter therein on the date
the petition was | ||||||
25 | signed;
| ||||||
26 | 2. Determine if the signature of the person who signed |
| |||||||
| |||||||
1 | the petition reasonably
compares with the signature shown | ||||||
2 | on that person's registration record card.
| ||||||
3 | Within 14 business days following receipt from the Board | ||||||
4 | of the
list of signatures
for verification, each election | ||||||
5 | authority shall transmit a properly dated
certificate to the | ||||||
6 | Board which shall indicate; (a) the page and line number
of | ||||||
7 | petition signatures examined, (b) the validity or invalidity | ||||||
8 | of such signatures,
and (c) the reasons for invalidity, based | ||||||
9 | on the criteria heretofore prescribed.
The Board shall prepare | ||||||
10 | and adopt a standard form of certificate for use
by the | ||||||
11 | election authorities which shall be transmitted with the list | ||||||
12 | of
signatures for verification.
| ||||||
13 | Upon written request of the election authority that, due | ||||||
14 | to the volume
of signatures in the sample for its | ||||||
15 | jurisdiction, additional time is needed
to properly perform | ||||||
16 | the signature verification, the Board may grant the
election | ||||||
17 | authority additional days to complete the verification and | ||||||
18 | transmit
the certificate of results. These certificates of | ||||||
19 | random sample verification
results shall be available for | ||||||
20 | public inspection within 24 hours after receipt
by the State | ||||||
21 | Board of Elections.
| ||||||
22 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
23 | (10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
| ||||||
24 | Sec. 28-12.
The Upon receipt of the certificates of the | ||||||
25 | election authorities
showing the results of the sample |
| |||||||
| |||||||
1 | signature verification, the Board shall:
| ||||||
2 | 1. Based on the sample of signatures examined , | ||||||
3 | calculate the ratio of invalid and or valid signatures
in | ||||||
4 | each election jurisdiction .
| ||||||
5 | 2. Apply the ratio of invalid to valid signatures in | ||||||
6 | an election
jurisdiction sample to the total number of | ||||||
7 | petition signatures submitted on the petition
from that | ||||||
8 | election jurisdiction .
| ||||||
9 | 3. Compute the degree of multiple signature | ||||||
10 | contamination in each election
jurisdiction sample .
| ||||||
11 | 4. Adjusting Adjust for multiple signature | ||||||
12 | contamination and the number of invalid signatures,
| ||||||
13 | project the total number of valid petition signatures | ||||||
14 | submitted from each
election jurisdiction .
| ||||||
15 | 5. Aggregate the total number of projected valid | ||||||
16 | signatures from each
election jurisdiction and project the | ||||||
17 | total number of valid signatures on
the petition | ||||||
18 | statewide.
| ||||||
19 | If such statewide projection establishes a total number of | ||||||
20 | valid petition
signatures not greater than 95.0% of the | ||||||
21 | minimum number of signatures required
to qualify the proposed | ||||||
22 | statewide advisory
public question for the ballot, the | ||||||
23 | petition shall be presumed invalid;
provided that, prior to | ||||||
24 | the last day for ballot certification for the general
| ||||||
25 | election, the Board shall conduct a hearing for the purpose of | ||||||
26 | allowing
the proponents to present competent evidence or an |
| |||||||
| |||||||
1 | additional sample to
rebut the presumption of
invalidity. At | ||||||
2 | the conclusion of such hearing, and after the resolution of | ||||||
3 | any specific objection filed pursuant to Section 10-8 of this | ||||||
4 | Code, the Board shall issue a
final order declaring the | ||||||
5 | petition to be valid or invalid and shall, in
accordance with | ||||||
6 | its order, certify or not certify the proposition for the | ||||||
7 | ballot.
| ||||||
8 | If such statewide projection establishes a total number of | ||||||
9 | valid petition
signatures greater than 95.0% of the minimum | ||||||
10 | number of signatures required
to qualify the proposed | ||||||
11 | Constitutional amendment or statewide advisory
public question | ||||||
12 | for the ballot, the results of the sample shall be considered
| ||||||
13 | inconclusive and, if no specific objections to the petition | ||||||
14 | are filed pursuant
to Section 10-8 of this Code, the Board | ||||||
15 | shall issue a final order declaring
the petition to be valid | ||||||
16 | and shall certify the proposition for the ballot.
| ||||||
17 | In either event, the Board shall append to its final order | ||||||
18 | the detailed
results of the sample from each election | ||||||
19 | jurisdiction which shall include:
(a) specific page and line | ||||||
20 | numbers of signatures actually verified or determined
to be | ||||||
21 | invalid by the respective election authorities , and (b) the | ||||||
22 | calculations
and projections performed by the Board for each | ||||||
23 | election jurisdiction .
| ||||||
24 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
25 | (10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
|
| |||||||
| |||||||
1 | Sec. 28-13.
Each political party and civic organization , | ||||||
2 | as well as the
registered proponents and opponents of a | ||||||
3 | petition for an amendment to Article IV of the Illinois | ||||||
4 | Constitution pursuant to Section 3 of Article XIV of the | ||||||
5 | Illinois Constitution or proposed
statewide advisory public | ||||||
6 | question , shall be entitled to one watcher in
the office of the | ||||||
7 | election authority to observe the conduct of the sample
| ||||||
8 | signature verification and participate in any proceedings | ||||||
9 | related to the sample signature verification . However, in | ||||||
10 | those election jurisdictions where
a 10% sample is required, | ||||||
11 | the proponents and opponents may appoint no more than
5 | ||||||
12 | assistant watchers in addition to the 1 principal watcher | ||||||
13 | permitted herein.
| ||||||
14 | Within 7 days following the last day for filing of the | ||||||
15 | original petition,
the proponents and opponents shall certify | ||||||
16 | in writing to the Board that they
publicly support or oppose | ||||||
17 | the proposed statewide
advisory public question. The | ||||||
18 | proponents and opponents of such questions shall
register the | ||||||
19 | name and address of its group and the name and address of its | ||||||
20 | chair
and designated agent for acceptance of service of | ||||||
21 | notices with
the Board. Thereupon, the Board shall prepare a | ||||||
22 | list of the registered
proponents and opponents and shall | ||||||
23 | adopt a standard proponents' and opponents' watcher
credential | ||||||
24 | form. A copy of such list and sufficient copies of such | ||||||
25 | credentials
shall be transmitted with the list for the sample | ||||||
26 | signature verification
to the appropriate election |
| |||||||
| |||||||
1 | authorities. Those election authorities shall
issue | ||||||
2 | credentials to the permissible number of watchers for each | ||||||
3 | proponent and opponent
group; provided, however, that a | ||||||
4 | prospective watcher shall first present
to the election | ||||||
5 | authority a letter of authorization signed by the chair
of the | ||||||
6 | proponent or opponent group he or she represents.
| ||||||
7 | Political party and qualified civic organization watcher | ||||||
8 | credentials shall
be substantially in the form and shall be | ||||||
9 | authorized in the manner prescribed
in Section 7-34 of this | ||||||
10 | Code.
| ||||||
11 | The rights and limitations of pollwatchers as prescribed | ||||||
12 | by Section 7-34
of this Code, insofar as they may be made | ||||||
13 | applicable, shall be applicable
to watchers at the conduct of | ||||||
14 | the sample signature verification.
| ||||||
15 | The principal watcher for the proponents and opponents may | ||||||
16 | make signed written
objections to the Board relating to | ||||||
17 | procedures observed during the conduct
of the sample signature | ||||||
18 | verification which could materially affect the results
of the | ||||||
19 | sample. Such written objections shall be presented to the | ||||||
20 | election
authority and a copy mailed to the Board and shall be | ||||||
21 | attached to the certificate
of sample results transmitted by | ||||||
22 | the election authority to the Board.
| ||||||
23 | (Source: P.A. 100-1027, eff. 1-1-19 .)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|