Illinois General Assembly - Full Text of HB4852
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Full Text of HB4852  102nd General Assembly

HB4852 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4852

 

Introduced 1/27/2022, by Rep. Katie Stuart

 

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

    Amends the Election Code. In provisions relating to the receipt of the certificate of nomination, nomination papers, or proposed question of public policy and an objector's petition by the electoral board, provides that the chair of the electoral board shall also send a call (as well as a certified copy of its ruling with other specified documents) by registered or certified mail to the election authority to whom the ballot is certified (currently, the call needs to be sent to: each of the members of the electoral board; the objector who filed the objector's petition; and either the candidate whose certificate of nomination or nomination papers are objected to or the principal proponent or attorney for proponents of a question of public policy, as the case may be, whose petitions are objected to).


LRB102 24039 AWJ 33256 b

 

 

A BILL FOR

 

HB4852LRB102 24039 AWJ 33256 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
5Section 10-10 as follows:
 
6    (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
7    Sec. 10-10. Within 24 hours after the receipt of the
8certificate of nomination or nomination papers or proposed
9question of public policy, as the case may be, and the
10objector's petition, the chair of the electoral board other
11than the State Board of Elections shall send a call by
12registered or certified mail: to each of the members of the
13electoral board; , and to the objector who filed the objector's
14petition; , and either to the candidate whose certificate of
15nomination or nomination papers are objected to or to the
16principal proponent or attorney for proponents of a question
17of public policy, as the case may be, whose petitions are
18objected to; and to the election authority to whom the ballot
19is certified. The chair of the electoral board other than the
20State Board of Elections , and shall also cause the sheriff of
21the county or counties in which such officers and persons
22reside to serve a copy of such call upon each of such officers
23and persons, which call shall set out the fact that the

 

 

HB4852- 2 -LRB102 24039 AWJ 33256 b

1electoral board is required to meet to hear and pass upon the
2objections to nominations made for the office, designating it,
3and shall state the day, hour and place at which the electoral
4board shall meet for the purpose, which place shall be in the
5county court house in the county in the case of the County
6Officers Electoral Board, the Municipal Officers Electoral
7Board, the Township Officers Electoral Board or the Education
8Officers Electoral Board, except that the Municipal Officers
9Electoral Board, the Township Officers Electoral Board, and
10the Education Officers Electoral Board may meet at the
11location where the governing body of the municipality,
12township, or community college district, respectively, holds
13its regularly scheduled meetings, if that location is
14available; provided that voter records may be removed from the
15offices of an election authority only at the discretion and
16under the supervision of the election authority. In those
17cases where the State Board of Elections is the electoral
18board designated under Section 10-9, the chair of the State
19Board of Elections shall, within 24 hours after the receipt of
20the certificate of nomination or nomination papers or
21petitions for a proposed amendment to Article IV of the
22Constitution or proposed statewide question of public policy,
23send a call by registered or certified mail to the objector who
24files the objector's petition, and either to the candidate
25whose certificate of nomination or nomination papers are
26objected to or to the principal proponent or attorney for

 

 

HB4852- 3 -LRB102 24039 AWJ 33256 b

1proponents of the proposed Constitutional amendment or
2statewide question of public policy and shall state the day,
3hour, and place at which the electoral board shall meet for the
4purpose, which place may be in the Capitol Building or in the
5principal or permanent branch office of the State Board. The
6day of the meeting shall not be less than 3 nor more than 5
7days after the receipt of the certificate of nomination or
8nomination papers and the objector's petition by the chair of
9the electoral board.
10    The electoral board shall have the power to administer
11oaths and to subpoena and examine witnesses and, at the
12request of either party and only upon a vote by a majority of
13its members, may authorize the chair to issue subpoenas
14requiring the attendance of witnesses and subpoenas duces
15tecum requiring the production of such books, papers, records
16and documents as may be evidence of any matter under inquiry
17before the electoral board, in the same manner as witnesses
18are subpoenaed in the Circuit Court.
19    Service of such subpoenas shall be made by any sheriff or
20other person in the same manner as in cases in such court and
21the fees of such sheriff shall be the same as is provided by
22law, and shall be paid by the objector or candidate who causes
23the issuance of the subpoena. In case any person so served
24shall knowingly neglect or refuse to obey any such subpoena,
25or to testify, the electoral board shall at once file a
26petition in the circuit court of the county in which such

 

 

HB4852- 4 -LRB102 24039 AWJ 33256 b

1hearing is to be heard, or has been attempted to be heard,
2setting forth the facts, of such knowing refusal or neglect,
3and accompanying the petition with a copy of the citation and
4the answer, if one has been filed, together with a copy of the
5subpoena and the return of service thereon, and shall apply
6for an order of court requiring such person to attend and
7testify, and forthwith produce books and papers, before the
8electoral board. Any circuit court of the state, excluding the
9judge who is sitting on the electoral board, upon such showing
10shall order such person to appear and testify, and to
11forthwith produce such books and papers, before the electoral
12board at a place to be fixed by the court. If such person shall
13knowingly fail or refuse to obey such order of the court
14without lawful excuse, the court shall punish him or her by
15fine and imprisonment, as the nature of the case may require
16and may be lawful in cases of contempt of court.
17    The electoral board on the first day of its meeting shall
18adopt rules of procedure for the introduction of evidence and
19the presentation of arguments and may, in its discretion,
20provide for the filing of briefs by the parties to the
21objection or by other interested persons.
22    In the event of a State Electoral Board hearing on
23objections to a petition for an amendment to Article IV of the
24Constitution pursuant to Section 3 of Article XIV of the
25Constitution, or to a petition for a question of public policy
26to be submitted to the voters of the entire State, the

 

 

HB4852- 5 -LRB102 24039 AWJ 33256 b

1certificates of the county clerks and boards of election
2commissioners showing the results of the random sample of
3signatures on the petition shall be prima facie valid and
4accurate, and shall be presumed to establish the number of
5valid and invalid signatures on the petition sheets reviewed
6in the random sample, as prescribed in Section 28-11 and 28-12
7of this Code. Either party, however, may introduce evidence at
8such hearing to dispute the findings as to particular
9signatures. In addition to the foregoing, in the absence of
10competent evidence presented at such hearing by a party
11substantially challenging the results of a random sample, or
12showing a different result obtained by an additional sample,
13this certificate of a county clerk or board of election
14commissioners shall be presumed to establish the ratio of
15valid to invalid signatures within the particular election
16jurisdiction.
17    The electoral board shall take up the question as to
18whether or not the certificate of nomination or nomination
19papers or petitions are in proper form, and whether or not they
20were filed within the time and under the conditions required
21by law, and whether or not they are the genuine certificate of
22nomination or nomination papers or petitions which they
23purport to be, and whether or not in the case of the
24certificate of nomination in question it represents accurately
25the decision of the caucus or convention issuing it, and in
26general shall decide whether or not the certificate of

 

 

HB4852- 6 -LRB102 24039 AWJ 33256 b

1nomination or nominating papers or petitions on file are valid
2or whether the objections thereto should be sustained and the
3decision of a majority of the electoral board shall be final
4subject to judicial review as provided in Section 10-10.1. The
5electoral board must state its findings in writing and must
6state in writing which objections, if any, it has sustained. A
7copy of the decision shall be served upon the parties to the
8proceedings in open proceedings before the electoral board. If
9a party does not appear for receipt of the decision, the
10decision shall be deemed to have been served on the absent
11party on the date when a copy of the decision is personally
12delivered or on the date when a copy of the decision is
13deposited in the United States mail, in a sealed envelope or
14package, with postage prepaid, addressed to each party
15affected by the decision or to such party's attorney of
16record, if any, at the address on record for such person in the
17files of the electoral board.
18    Upon the expiration of the period within which a
19proceeding for judicial review must be commenced under Section
2010-10.1, the electoral board shall, unless a proceeding for
21judicial review has been commenced within such period,
22transmit, by registered or certified mail, a certified copy of
23its ruling, together with the original certificate of
24nomination or nomination papers or petitions and the original
25objector's petition, to the officer or board with whom the
26certificate of nomination or nomination papers or petitions,

 

 

HB4852- 7 -LRB102 24039 AWJ 33256 b

1as objected to, were on file and to the election authority to
2whom the ballot is certified, and such officer or board shall
3abide by and comply with the ruling so made to all intents and
4purposes.
5(Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16;
6100-1027, eff. 1-1-19.)