97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5207

 

Introduced 2/8/2012, by Rep. David Reis

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/28-12  from Ch. 46, par. 28-12

    Amends the Election Code. Provides that, if a statewide projection of valid signatures on a petition for a statewide advisory public question establishes a total number of valid petition signatures greater than 95.0% of the minimum number of signatures required to qualify the proposed statewide advisory public question (now, to qualify the proposed Constitutional amendment or statewide advisory public question) for the ballot, the results of the sample shall be considered inconclusive and the State Board of Elections shall issue a final order declaring the petition to be valid. Effective immediately.


LRB097 18246 PJG 63472 b

 

 

A BILL FOR

 

HB5207LRB097 18246 PJG 63472 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
528-12 as follows:
 
6    (10 ILCS 5/28-12)  (from Ch. 46, par. 28-12)
7    Sec. 28-12. Upon receipt of the certificates of the
8election authorities showing the results of the sample
9signature verification, the Board shall:
10        1. Based on the sample, calculate the ratio of invalid
11    or valid signatures in each election jurisdiction.
12        2. Apply the ratio of invalid to valid signatures in an
13    election jurisdiction sample to the total number of
14    petition signatures submitted from that election
15    jurisdiction.
16        3. Compute the degree of multiple signature
17    contamination in each election jurisdiction sample.
18        4. Adjust for multiple signature contamination and the
19    invalid signatures, project the total number of valid
20    petition signatures submitted from each election
21    jurisdiction.
22        5. Aggregate the total number of projected valid
23    signatures from each election jurisdiction and project the

 

 

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1    total number of valid signatures on the petition statewide.
2    If such statewide projection establishes a total number of
3valid petition signatures not greater than 95.0% of the minimum
4number of signatures required to qualify the proposed statewide
5advisory public question for the ballot, the petition shall be
6presumed invalid; provided that, prior to the last day for
7ballot certification for the general election, the Board shall
8conduct a hearing for the purpose of allowing the proponents to
9present competent evidence or an additional sample to rebut the
10presumption of invalidity. At the conclusion of such hearing,
11and after the resolution of any specific objection filed
12pursuant to Section 10-8 of this Code, the Board shall issue a
13final order declaring the petition to be valid or invalid and
14shall, in accordance with its order, certify or not certify the
15proposition for the ballot.
16    If such statewide projection establishes a total number of
17valid petition signatures greater than 95.0% of the minimum
18number of signatures required to qualify the proposed
19Constitutional amendment or statewide advisory public question
20for the ballot, the results of the sample shall be considered
21inconclusive and, if no specific objections to the petition are
22filed pursuant to Section 10-8 of this Code, the Board shall
23issue a final order declaring the petition to be valid and
24shall certify the proposition for the ballot.
25    In either event, the Board shall append to its final order
26the detailed results of the sample from each election

 

 

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1jurisdiction which shall include: (a) specific page and line
2numbers of signatures actually verified or determined to be
3invalid by the respective election authorities, and (b) the
4calculations and projections performed by the Board for each
5election jurisdiction.
6(Source: P.A. 97-81, eff. 7-5-11.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.