HB1854 97TH GENERAL ASSEMBLY

LRB097 07062 HLH 47155 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1854

Introduced , by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

10 ILCS 5/28-10	from Ch. 46, par. 28-10
10 ILCS 5/28-11	from Ch. 46, par. 28-11

Amends the Election Code. In provisions concerning petitions for constitutional amendments and statewide advisory public questions, provides that on 15th business day (now, the 10th business day) following the last day for petition filing, the State Board of Elections shall conduct a hearing at which the proponents may present arguments and evidence as to the conformity of any purported nonconforming petition signatures. In provisions concerning petition signature verification, requires that within 20 business days (now, 14 business days) following the last day for filing a petition, the State Board of Elections shall prepare and transit to each proper election authority a list of the signatures from its election jurisdiction selected for verification. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 28-10 and 28-11 as follows:

(10 ILCS 5/28-10) (from Ch. 46, par. 28-10)

Sec. 28-10. Upon receipt of an original petition for a proposed Constitutional amendment or statewide advisory public question, the designated Board staff shall examine the petition sheets in each election jurisdiction section for conformity with the single jurisdiction signature requirement prescribed in Section 28-9. The Board staff shall determine from the name of the election jurisdiction printed at the top of the petition sheet or from the election jurisdiction of the circulator of that petition sheet, as the case may be, whether any signatures on that sheet are not in conformity. If any signatures are determined to be nonconforming, the Board staff shall prepare, for each election jurisdiction section, a list by page and line number of purported nonconforming signatures and shall immediately transmit such lists to the Board Chairman and copies of such lists to the principal proponent of the proposed Constitutional amendment or statewide advisory public question, or the proponent's attorney, whichever is designated on the certificate attached to the petition, as provided in Section 10-8 of this Code.

On the 15th 10th business day following the last day for petition filing, the Board shall conduct a hearing at which the proponents may present arguments and evidence as to the conformity of any purported nonconforming signatures. At the conclusion of the hearing the Board shall make a final determination with respect to each purported nonconforming signature. Any signatures on petition sheets in an election jurisdiction section finally determined to be nonconforming shall not be considered part of the petition for the purpose of the random sample verification and shall not be counted toward the minimum number of signatures required to qualify the proposed Constitutional amendment or statewide advisory public question for the ballot.

(Source: P.A. 83-999.)

(10 ILCS 5/28-11) (from Ch. 46, par. 28-11)

Sec. 28-11. The Board shall design a standard and scientific random sampling method for the verification of petition signatures and shall conduct a public test to prove the validity of its sampling method. Notice of the time and place for such test shall be given at least 10 days before the date on which such test is to be conducted and in the manner prescribed for notice of regular Board meetings.

Within 20 14 business days following the last day for the filing of the original petition as prescribed in Section 28-9, the Board shall apply its proven random sampling method to the petition sheets in each election jurisdiction section for the purpose of selecting and identifying the petition signatures to be included in the sample signature verification for the respective jurisdictions and shall prepare and transmit to each proper election authority a list by page and line number of the signatures from its election jurisdiction selected for verification.

For each election jurisdiction, the sample verification shall include an examination of either (a) 10% of the signatures if 5,010 or more signatures are involved; or (b) 500 signatures if more than 500 but less than 5,010 signatures are involved; or (c) all signatures if 500 or less signatures are involved.

Each election authority with whom jurisdictional copies of petition sheets were filed shall use the proven random sampling method designed and furnished by the Board for the verification of signatures shown on the list supplied by the Board and in accordance with the following criteria for determination of petition signature validity:

1. Determine if the person who signed the petition is a registered voter in that election jurisdiction or was a registered voter therein on the date the petition was signed;

2. Determine if the signature of the person who signed the petition reasonably compares with the signature shown on that person's registration record card.

Within 14 business days following receipt from the Board of the list of signatures for verification, each election authority shall transmit a properly dated certificate to the Board which shall indicate; (a) the page and line number of petition signatures examined, (b) the validity or invalidity of such signatures, and (c) the reasons for invalidity, based on the criteria heretofore prescribed. The Board shall prepare and adopt a standard form of certificate for use by the election authorities which shall be transmitted with the list of signatures for verification.

Upon written request of the election authority that, due to the volume of signatures in the sample for its jurisdiction, additional time is needed to properly perform the signature verification, the Board may grant the election authority additional days to complete the verification and transmit the certificate of results. These certificates of random sample verification results shall be available for public inspection within 24 hours after receipt by the State Board of Elections.

(Source: P.A. 83-999.)

Section 99. Effective date. This Act takes effect upon becoming law.