Full Text of HB1854 97th General Assembly
HB1854 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1854 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/28-10 | from Ch. 46, par. 28-10 |
10 ILCS 5/28-11 | from Ch. 46, par. 28-11 |
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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.
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| | A BILL FOR |
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| | | HB1854 | | LRB097 07062 HLH 47155 b |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 28-10 and 28-11 as follows:
| 6 | | (10 ILCS 5/28-10) (from Ch. 46, par. 28-10)
| 7 | | Sec. 28-10.
Upon receipt of an original petition for a | 8 | | proposed Constitutional
amendment or statewide advisory public | 9 | | question, the designated Board
staff shall examine the petition | 10 | | sheets in each election jurisdiction section
for conformity | 11 | | with the single jurisdiction signature requirement
prescribed | 12 | | in Section 28-9. The Board staff shall determine from the name
| 13 | | of the election jurisdiction printed at the top of the petition | 14 | | sheet or
from the election
jurisdiction of the circulator of | 15 | | that petition sheet, as the case may be,
whether any signatures | 16 | | on that sheet are not in conformity. If any signatures
are | 17 | | determined to be nonconforming, the Board staff shall
prepare, | 18 | | for each election jurisdiction section, a list by page and line
| 19 | | number of purported nonconforming signatures and shall | 20 | | immediately transmit
such lists to the Board Chairman and | 21 | | copies of such lists to the principal
proponent of the proposed | 22 | | Constitutional amendment or statewide advisory
public | 23 | | question, or the proponent's attorney, whichever is designated |
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| 1 | | on
the certificate attached to the petition, as provided in | 2 | | Section 10-8 of this Code.
| 3 | | On the 15th 10th business day following the last day for | 4 | | petition
filing, the Board shall conduct a hearing at which the | 5 | | proponents may present arguments
and evidence as to the | 6 | | conformity of any purported nonconforming signatures.
At the | 7 | | conclusion of the hearing the Board shall make a final | 8 | | determination
with respect to each purported nonconforming | 9 | | signature. Any signatures
on petition sheets in an election | 10 | | jurisdiction section finally determined
to be nonconforming | 11 | | shall not be considered part of the petition for the
purpose of | 12 | | the random sample verification and shall not be counted toward
| 13 | | the minimum number of signatures required to qualify the | 14 | | proposed Constitutional
amendment or statewide advisory public | 15 | | question for the ballot.
| 16 | | (Source: P.A. 83-999.)
| 17 | | (10 ILCS 5/28-11) (from Ch. 46, par. 28-11)
| 18 | | Sec. 28-11.
The Board shall design a standard and | 19 | | scientific random
sampling method for the verification of | 20 | | petition signatures and shall conduct
a public test to prove | 21 | | the validity of its sampling method. Notice of the
time and | 22 | | place for such test shall be given at least 10 days before the | 23 | | date
on which such test is to be conducted and in the manner | 24 | | prescribed for notice
of regular Board meetings.
| 25 | | Within 20 14 business days following the last day for the |
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| 1 | | filing
of the original petition
as prescribed in Section 28-9, | 2 | | the Board shall apply its proven random sampling
method to the | 3 | | petition sheets in each election jurisdiction section for
the | 4 | | purpose of selecting and identifying the petition signatures to | 5 | | be included
in the sample signature verification for the | 6 | | respective jurisdictions and
shall prepare and transmit to each | 7 | | proper election authority a list by page
and line number of the | 8 | | signatures from its election jurisdiction selected
for | 9 | | verification.
| 10 | | For each election jurisdiction, the sample verification | 11 | | shall include an
examination of either (a) 10% of the | 12 | | signatures if 5,010 or more signatures
are involved; or (b) 500 | 13 | | signatures if more than 500 but less than 5,010
signatures are | 14 | | involved; or (c) all signatures if 500 or less signatures are | 15 | | involved.
| 16 | | Each election authority with whom jurisdictional copies of | 17 | | petition sheets
were filed shall use the proven random sampling | 18 | | method designed and furnished
by the Board for the verification | 19 | | of signatures shown on the list supplied
by the Board and in | 20 | | accordance with the following criteria for determination
of | 21 | | petition signature validity:
| 22 | | 1. Determine if the person who signed the petition is a | 23 | | registered voter
in that election jurisdiction or was a | 24 | | registered voter therein on the date
the petition was signed;
| 25 | | 2. Determine if the signature of the person who signed the | 26 | | petition reasonably
compares with the signature shown on that |
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| 1 | | person's registration record card.
| 2 | | Within 14 business days following receipt from the Board of | 3 | | the
list of signatures
for verification, each election | 4 | | authority shall transmit a properly dated
certificate to the | 5 | | Board which shall indicate; (a) the page and line number
of | 6 | | petition signatures examined, (b) the validity or invalidity of | 7 | | such signatures,
and (c) the reasons for invalidity, based on | 8 | | the criteria heretofore prescribed.
The Board shall prepare and | 9 | | adopt a standard form of certificate for use
by the election | 10 | | authorities which shall be transmitted with the list of
| 11 | | signatures for verification.
| 12 | | Upon written request of the election authority that, due to | 13 | | the volume
of signatures in the sample for its jurisdiction, | 14 | | additional time is needed
to properly perform the signature | 15 | | verification, the Board may grant the
election authority | 16 | | additional days to complete the verification and transmit
the | 17 | | certificate of results. These certificates of random sample | 18 | | verification
results shall be available for public inspection | 19 | | within 24 hours after receipt
by the State Board of Elections.
| 20 | | (Source: P.A. 83-999.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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