Full Text of HB4192 93rd General Assembly
HB4192 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4192
Introduced 1/23/2004, by Jack D. Franks SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/10-8 |
from Ch. 46, par. 10-8 |
10 ILCS 5/10-10 |
from Ch. 46, par. 10-10 |
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Amends the Election Code. Provides that upon the filing of an objector's petition to a certificate of nomination or nomination papers or a proposed amendment or question of public policy, a copy of the petition may be transmitted by fax machine to the necessary parties, rather than by mail. Effective immediately.
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A BILL FOR
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HB4192 |
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LRB093 15973 RAS 41596 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 10-8 and 10-10 as follows:
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| (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
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| Sec. 10-8. Certificates of nomination and nomination | 8 |
| papers, and
petitions to submit public questions to a | 9 |
| referendum, being filed as
required by this Code, and being in | 10 |
| apparent conformity with the
provisions of this Act, shall be | 11 |
| deemed to be valid unless objection
thereto is duly made in | 12 |
| writing within 5 business days after the last day for
filing | 13 |
| the certificate of nomination or nomination papers or petition
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| for a public question, with the following exceptions:
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| A. In the case of petitions to amend Article IV of the
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| Constitution of the State of Illinois, there shall be a | 17 |
| period of 35
business days after the last day for the | 18 |
| filing of such
petitions in which objections can be filed.
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| B. In the case of petitions for advisory questions of | 20 |
| public policy to be
submitted to the voters of the entire | 21 |
| State, there shall be a period of
35 business days after | 22 |
| the last day for the filing of such
petitions in which | 23 |
| objections can be filed.
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| Any legal voter of the political subdivision or district in | 25 |
| which the
candidate or public question is to be voted on, or | 26 |
| any legal voter in
the State in the case of a proposed | 27 |
| amendment to Article IV of the
Constitution or an advisory | 28 |
| public question to be submitted to the
voters of the entire | 29 |
| State, having objections to any certificate of nomination
or | 30 |
| nomination papers or petitions filed, shall file an objector's | 31 |
| petition
together with a copy thereof in the principal office | 32 |
| or the permanent branch
office of the State Board of Elections, |
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HB4192 |
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LRB093 15973 RAS 41596 b |
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| or in the office of the election
authority or local election | 2 |
| official with whom the certificate of
nomination, nomination | 3 |
| papers or petitions are on file.
In the case of nomination | 4 |
| papers or certificates of nomination,
the State Board of | 5 |
| Elections, election authority or local election official
shall | 6 |
| note the day and hour upon which such objector's
petition is | 7 |
| filed, and shall, not later than 12:00
noon on the second | 8 |
| business day after receipt of the
petition, transmit by | 9 |
| registered mail , facsimile machine, or receipted
personal | 10 |
| delivery the certificate of nomination or nomination papers and
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| the original objector's petition to the chairman of the proper | 12 |
| electoral
board designated in Section 10-9 hereof, or his | 13 |
| authorized agent, and
shall transmit a copy by registered mail , | 14 |
| facsimile machine, or receipted personal delivery
of the | 15 |
| objector's petition, to the candidate whose certificate of | 16 |
| nomination
or nomination papers are objected to, addressed to | 17 |
| the place of residence
designated in said certificate of | 18 |
| nomination or nomination papers. In the
case of objections to a | 19 |
| petition for a proposed amendment to Article IV of
the | 20 |
| Constitution or for an advisory public question to be submitted | 21 |
| to the
voters of the entire State, the State Board of Elections | 22 |
| shall note the day
and hour upon which such objector's petition | 23 |
| is filed and shall transmit a
copy of the objector's petition | 24 |
| by registered mail , facsimile machine, or receipted personal
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| delivery to the person designated on a certificate attached to | 26 |
| the petition
as the principal proponent of such proposed | 27 |
| amendment or public question,
or as the proponents' attorney, | 28 |
| for the purpose of receiving notice of
objections. In the case | 29 |
| of objections to a petition for a public question,
to be | 30 |
| submitted to the voters of a political subdivision, or district
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| thereof, the election authority or local election official with | 32 |
| whom such
petition is filed shall note the day and hour upon | 33 |
| which such
objector's petition was filed, and shall, not later | 34 |
| than 12:00 noon on the
second business day after receipt of the | 35 |
| petition,
transmit by registered mail , facsimile machine, or | 36 |
| receipted personal delivery
the petition for the public |
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HB4192 |
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LRB093 15973 RAS 41596 b |
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| question and the original objector's petition
to the chairman | 2 |
| of the proper electoral board designated in Section 10-9
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| hereof, or his authorized agent, and shall transmit a copy by
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| registered mail , facsimile machine, or receipted personal | 5 |
| delivery, of the objector's petition
to the person designated | 6 |
| on a certificate attached to the petition as the
principal | 7 |
| proponent of the public question, or as the proponent's | 8 |
| attorney,
for the purposes of receiving notice of objections.
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| The objector's petition shall give the objector's name and | 10 |
| residence
address, and shall state fully the nature of the | 11 |
| objections to the
certificate of nomination or nomination | 12 |
| papers or petitions in question,
and shall state the interest | 13 |
| of the objector and shall state what relief
is requested of the | 14 |
| electoral board.
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| The provisions of this Section and of Sections 10-9, 10-10 | 16 |
| and
10-10.1 shall also apply to and govern objections to | 17 |
| petitions for
nomination filed under Article 7 or Article 8, | 18 |
| except as otherwise
provided in Section 7-13 for cases to which | 19 |
| it is applicable, and also
apply to and govern petitions for | 20 |
| the submission of public questions under
Article 28.
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| (Source: P.A. 86-1348.)
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| (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
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| Sec. 10-10. Within 24 hours after the receipt of the | 24 |
| certificate of
nomination or nomination papers or proposed | 25 |
| question of public
policy, as the case may be, and the | 26 |
| objector's petition, the chairman
of the electoral board other | 27 |
| than the State Board of Elections shall
send a call by | 28 |
| registered or certified mail or transmit a call by facsimile | 29 |
| machine to each of the members of the
electoral board, and to | 30 |
| the objector who filed the objector's petition, and
either to | 31 |
| the candidate whose certificate of nomination or nomination
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| papers are objected to or to the principal proponent or | 33 |
| attorney for
proponents of a question of public policy, as the | 34 |
| case may be, whose
petitions are objected to, and shall also | 35 |
| cause the sheriff of the county
or counties in which such |
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| officers and persons reside to serve a copy of
such call upon | 2 |
| each of such officers and persons, which call shall set out
the | 3 |
| fact that the electoral board is required to meet to hear and | 4 |
| pass upon
the objections to nominations made for the office, | 5 |
| designating it, and
shall state the day, hour and place at | 6 |
| which the electoral board shall meet
for the purpose, which | 7 |
| place shall be in the
county court house in the county in the | 8 |
| case of the County Officers
Electoral Board, the Municipal | 9 |
| Officers Electoral Board, the Township
Officers Electoral | 10 |
| Board or the Education Officers Electoral Board.
The Township | 11 |
| Officers Electoral Board may meet in the township offices, if
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| they are available, rather than the county courthouse.
In
those | 13 |
| cases where the State Board of Elections is the electoral board
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| designated under Section 10-9, the chairman of the State Board | 15 |
| of Elections
shall, within 24 hours after the receipt of the | 16 |
| certificate of nomination
or nomination papers or petitions for | 17 |
| a proposed amendment to Article IV of
the Constitution or | 18 |
| proposed statewide question of public policy, send a
call by | 19 |
| registered or certified mail to the objector who files the
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| objector's petition, and either to the candidate whose | 21 |
| certificate of
nomination or nomination papers are objected to | 22 |
| or to the principal
proponent or attorney for proponents of the | 23 |
| proposed Constitutional
amendment or statewide question of | 24 |
| public policy and shall state the day,
hour and place at which | 25 |
| the electoral board shall meet for the purpose,
which place may | 26 |
| be in the Capitol Building or in the principal or permanent
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| branch office of the State Board. The day of the meeting shall | 28 |
| not be less
than 3 nor more than 5 days after the receipt of the | 29 |
| certificate of
nomination or nomination papers and the | 30 |
| objector's petition by the chairman
of the electoral board.
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| The electoral board shall have the power to administer | 32 |
| oaths and to
subpoena and examine witnesses and at the request | 33 |
| of either party the
chairman may issue subpoenas requiring the | 34 |
| attendance of witnesses and
subpoenas duces tecum requiring the | 35 |
| production of such books, papers,
records and documents as may | 36 |
| be evidence of any matter under inquiry
before the electoral |
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LRB093 15973 RAS 41596 b |
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| board, in the same manner as witnesses are
subpoenaed in the | 2 |
| Circuit Court.
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| Service of such subpoenas shall be made by any sheriff or | 4 |
| other
person in the same manner as in cases in such court and | 5 |
| the fees of such
sheriff shall be the same as is provided by | 6 |
| law, and shall be paid by
the objector or candidate who causes | 7 |
| the issuance of the subpoena. In
case any person so served | 8 |
| shall knowingly neglect or refuse to obey any
such subpoena, or | 9 |
| to testify, the electoral board shall at once file a
petition | 10 |
| in the circuit court of the county in which such hearing is to
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| be heard, or has been attempted to be heard, setting forth the | 12 |
| facts, of
such knowing refusal or neglect, and accompanying the | 13 |
| petition with a
copy of the citation and the answer, if one has | 14 |
| been filed, together
with a copy of the subpoena and the return | 15 |
| of service thereon, and shall
apply for an order of court | 16 |
| requiring such person to attend and testify,
and forthwith | 17 |
| produce books and papers, before the electoral board. Any
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| circuit court of the state, excluding the judge who is sitting | 19 |
| on the electoral
board, upon such showing shall order such | 20 |
| person to appear and testify,
and to forthwith produce such | 21 |
| books and papers, before the electoral board
at a place to be | 22 |
| fixed by the court. If such person shall knowingly fail
or | 23 |
| refuse to obey such order of the court without lawful excuse, | 24 |
| the court
shall punish him or her by fine and imprisonment, as | 25 |
| the nature of the case
may require and may be lawful in cases | 26 |
| of contempt of court.
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| The electoral board on the first day of its meeting shall | 28 |
| adopt rules
of procedure for the introduction of evidence and | 29 |
| the presentation of
arguments and may, in its discretion, | 30 |
| provide for the filing of briefs
by the parties to the | 31 |
| objection or by other interested persons.
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| In the event of a State Electoral Board hearing on | 33 |
| objections to a
petition for an amendment to Article IV of the | 34 |
| Constitution
pursuant to Section 3 of Article XIV of the | 35 |
| Constitution, or to a
petition for a question of public policy | 36 |
| to be submitted to the
voters of the entire State, the |
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| certificates of the county clerks and boards
of election | 2 |
| commissioners showing the results of the random sample of
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| signatures on the petition shall be prima facie valid and | 4 |
| accurate, and
shall be presumed to establish the number of | 5 |
| valid and invalid
signatures on the petition sheets reviewed in | 6 |
| the random sample, as prescribed
in Section 28-11 and 28-12 of | 7 |
| this Code. Either party, however, may introduce
evidence at | 8 |
| such hearing to dispute the findings as to particular | 9 |
| signatures.
In addition to the foregoing, in the absence of | 10 |
| competent evidence presented
at such hearing by a party | 11 |
| substantially challenging the results of a random
sample, or | 12 |
| showing a different result obtained by an additional sample,
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| this certificate of a county clerk or board of election | 14 |
| commissioners shall
be presumed to establish the ratio of valid | 15 |
| to invalid signatures within
the particular election | 16 |
| jurisdiction.
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| The electoral board shall take up the question as to | 18 |
| whether or not
the certificate of nomination or nomination | 19 |
| papers or petitions are in
proper form, and whether or not they | 20 |
| were filed within the time and
under the conditions required by | 21 |
| law, and whether or not they are the
genuine certificate of | 22 |
| nomination or nomination papers or petitions
which they purport | 23 |
| to be, and whether or not in the case of the
certificate of | 24 |
| nomination in question it represents accurately the
decision of | 25 |
| the caucus or convention issuing it, and in general shall
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| decide whether or not the certificate of nomination or | 27 |
| nominating papers
or petitions on file are valid or whether the | 28 |
| objections thereto should
be sustained and the decision of a | 29 |
| majority of the electoral board shall
be final subject to | 30 |
| judicial review as provided in Section 10-10.1. The
electoral | 31 |
| board must state its findings in writing and must state in
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| writing which objections, if any, it has sustained.
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| Upon the expiration of the period within which a proceeding | 34 |
| for
judicial review must be commenced under Section 10--10.1, | 35 |
| the electoral
board shall, unless a proceeding for judicial | 36 |
| review has been commenced
within such period, transmit, by |
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LRB093 15973 RAS 41596 b |
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| registered or certified mail, a
certified copy of its ruling, | 2 |
| together with the original certificate of
nomination or | 3 |
| nomination papers or petitions and the original objector's
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| petition, to the officer or board with whom the certificate of
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| nomination or nomination papers or petitions, as objected to, | 6 |
| were on
file, and such officer or board shall abide by and | 7 |
| comply with the
ruling so made to all intents and purposes.
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| (Source: P.A. 91-285, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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