HB4688 98TH GENERAL ASSEMBLY

LRB098 16377 MGM 51441 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4688

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-20	from Ch. 46, par. 9-20
10 ILCS 5/9-21	from Ch. 46, par. 9-21

Amends the Election Code. Provides that each complaint about specified violations of the Act shall be accompanied by a $50 filing fee. Provides that if the filing fee is not tendered at the time the complainant presents the complaint, the complaint shall not be accepted. Provides that if the complaint is received between 31 and 15 days before an election about which the complaint is filed, then the State Board of Elections shall, at a minimum, hold the closed preliminary hearing and make the determination of whether the complaint was filed upon justifiable grounds, prior to the election. Provides that the complaint must be personally served on the respondent by the complainant and proof of service must be included with the complaint filed with the Board. Provides that complaints involving any conduct that relates to an upcoming election shall not be accepted 14 or fewer business days before that election. Provides that, in other cases, the Board shall render its final judgment within 60 days of the date the complaint is filed. 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 9-20 and 9-21 as follows:

(10 ILCS 5/9-20) (from Ch. 46, par. 9-20)

Sec. 9-20. Any person who believes a violation of this Article has occurred may file a verified complaint with the Board. Such verified complaint shall be directed to a candidate or the chairman or treasurer of a political committee, and shall be subject to the following requirements:

(1) The complaint shall be in writing.

(2) The complaint shall state the name of the candidate or chairman or treasurer of a political committee against whom the complaint is directed.

(3) The complaint shall state the statutory provisions which are alleged to have been violated.

(4) The complaint shall state the time, place, and nature of the alleged offense.

The complaint shall be accompanied by a $50 filing fee. If the filing fee is not tendered at the time the complainant presents the complaint, either in person or by mail, the complaint shall not be accepted.

The complaint shall be verified, dated, and signed by the person filing the complaint in substantially the following manner: VERIFICATION:

"I declare that this complaint (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true and correct complaint as required by Article 9 of The Election Code. I understand that the penalty for willfully filing a false complaint shall be a fine not to exceed $500 or imprisonment in a penal institution other than the penitentiary not to exceed 6 months, or both fine and imprisonment."

.............................................................

(date of filing)

(signature of person filing the complaint)

(Source: P.A. 78-1183.)

(10 ILCS 5/9-21) (from Ch. 46, par. 9-21)

Sec. 9-21. Upon receipt of a complaint as provided in Section 9-20, the Board shall hold a closed preliminary hearing to determine whether or not the complaint appears to have been filed on justifiable grounds. Such closed preliminary hearing shall be conducted as soon as practicable after affording reasonable notice, a copy of the complaint, and an opportunity to testify at such hearing to both the person making the complaint and the person against whom the complaint is directed. If the complaint is received between 31 and 15 days before an election about which the complaint is filed, then the Board shall, at a minimum, hold the closed preliminary hearing and make the determination of whether the complaint was filed upon justifiable grounds, prior to the election. If the Board finds that the complaint was filed upon justifiable grounds and determines that a public hearing is necessary, that hearing may be set prior to the election if time permits. If time does not so permit, the hearing shall take place as soon as practicable after the election. The complaint must be personally served on the respondent by the complainant and proof of service must be included with the complaint filed with the Board. In addition, the complaint must be accompanied by the $50 filing fee. If the complainant fails to personally serve the respondent and provide proof, or fails to pay the filing fee, then the Board shall not accept the complaint. Complaints involving any conduct that relates to an upcoming election shall not be accepted 14 or fewer business days before that election. However, those complaints may be filed at any time after that election. If the Board fails to determine that the complaint has been filed on justifiable grounds, it shall dismiss the complaint without further hearing. Any additional hearings shall be open to the public.

Whenever the Board, in an open meeting, determines, after affording due notice and an opportunity for a public hearing, that any person has engaged or is about to engage in an act or practice which constitutes or will constitute a violation of any provision of this Article or any regulation or order issued thereunder, the Board shall issue an order directing such person to take such action as the Board determines may be necessary in the public interest to correct the violation. Except as provided above, the In addition, if the act or practice engaged in consists of the failure to file any required report within the time prescribed by this Article, the Board, as part of its order, shall further provide that if, within the 12-month period following the issuance of the order, such person fails to file within the time prescribed by this Article any subsequent report as may be required, such person may be subject to a civil penalty pursuant to Section 9-23. The Board shall render its final judgment within 60 days of the date the complaint is filed; except that during the 60 days preceding the date of the election in reference to which the complaint is filed, the Board shall render its final judgment within 7 days of the date the complaint is filed, and during the 7 days preceding such election, the Board shall render such judgment before the date of such election, if possible.

At any time prior to the issuance of the Board's final judgment, the parties may dispose of the complaint by a written stipulation, agreed settlement or consent order. Any such stipulation, settlement or order shall, however, be submitted in writing to the Board and shall become effective only if approved by the Board in an open meeting. If the act or practice complained of consists of the failure to file any required report within the time prescribed by this Article, such stipulation, settlement or order may provide that if, within the 12-month period following the approval of such stipulation, agreement or order, the person complained of fails to file within the time prescribed by this Article any subsequent reports as may be required, such person may be subject to a civil penalty pursuant to Section 9-23.

Any person filing a complaint pursuant to Section 9-20 may, upon written notice to the other parties and to the Board, voluntarily withdraw the complaint at any time prior to the issuance of the Board's final determination.

(Source: P.A. 96-832, eff. 1-1-11.)

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