Full Text of HB1419 99th General Assembly
HB1419ham001 99TH GENERAL ASSEMBLY | Rep. Mike Fortner Filed: 3/12/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1419
| 2 | | AMENDMENT NO. ______. Amend House Bill 1419 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Section 10-8 as follows:
| 6 | | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
| 7 | | 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
| 14 | | for a public question, with the following exceptions:
| 15 | | A. In the case of petitions to amend Article IV of the
| 16 | | Constitution of the State of Illinois, there shall be a |
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| 1 | | period of 35
business days after the last day for the | 2 | | filing of such
petitions in which objections can be filed.
| 3 | | B. In the case of petitions for advisory questions of | 4 | | public policy to be
submitted to the voters of the entire | 5 | | State, there shall be a period of
35 business days after | 6 | | the last day for the filing of such
petitions in which | 7 | | objections can be filed.
| 8 | | Any legal voter of the political subdivision or district in | 9 | | which the
candidate or public question is to be voted on, or | 10 | | any legal voter in
the State in the case of a proposed | 11 | | amendment to Article IV of the
Constitution or an advisory | 12 | | public question to be submitted to the
voters of the entire | 13 | | State, having objections to any certificate of nomination
or | 14 | | nomination papers or petitions filed, shall file an objector's | 15 | | petition
together with 2 copies thereof in the principal office | 16 | | or the permanent branch
office of the State Board of Elections, | 17 | | or in the office of the election
authority or local election | 18 | | official with whom the certificate of
nomination, nomination | 19 | | papers or petitions are on file. Objection petitions that do | 20 | | not include 2 copies thereof, shall not be accepted.
In the | 21 | | case of nomination papers or certificates of nomination,
the | 22 | | State Board of Elections, election authority or local election | 23 | | official
shall note the day and hour upon which such objector's
| 24 | | petition is filed, and shall, not later than 12:00
noon on the | 25 | | second business day after receipt of the
petition, transmit by | 26 | | registered mail or receipted
personal delivery the certificate |
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| 1 | | of nomination or nomination papers and
the original objector's | 2 | | petition to the chairman of the proper electoral
board | 3 | | designated in Section 10-9 hereof, or his authorized agent, and
| 4 | | shall transmit a copy by registered mail or receipted personal | 5 | | delivery
of the objector's petition, to the candidate whose | 6 | | certificate of nomination
or nomination papers are objected to, | 7 | | addressed to the place of residence
designated in said | 8 | | certificate of nomination or nomination papers. In the
case of | 9 | | objections to a petition for a proposed amendment to Article IV | 10 | | of
the Constitution or for an advisory public question to be | 11 | | submitted to the
voters of the entire State, the State Board of | 12 | | Elections shall note the day
and hour upon which such | 13 | | objector's petition is filed and shall transmit a
copy of the | 14 | | objector's petition by registered mail or receipted personal
| 15 | | delivery to the person designated on a certificate attached to | 16 | | the petition
as the principal proponent of such proposed | 17 | | amendment or public question,
or as the proponents' attorney, | 18 | | for the purpose of receiving notice of
objections. In the case | 19 | | of objections to a petition for a public question,
to be | 20 | | submitted to the voters of a political subdivision, or district
| 21 | | thereof, the election authority or local election official with | 22 | | whom such
petition is filed shall note the day and hour upon | 23 | | which such
objector's petition was filed, and shall, not later | 24 | | than 12:00 noon on the
second business day after receipt of the | 25 | | petition,
transmit by registered mail or receipted personal | 26 | | delivery
the petition for the public question and the original |
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| 1 | | objector's petition
to the chairman of the proper electoral | 2 | | board designated in Section 10-9
hereof, or his authorized | 3 | | agent, and shall transmit a copy by
registered mail or | 4 | | receipted personal delivery, of the objector's petition
to the | 5 | | person designated on a certificate attached to the petition as | 6 | | the
principal proponent of the public question, or as the | 7 | | proponent's attorney,
for the purposes of receiving notice of | 8 | | objections.
| 9 | | 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.
| 15 | | 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.
| 21 | | Petitions for candidacy filed with any election authority | 22 | | shall be provided to the public in electronic form, made | 23 | | available online by the principal office or the permanent | 24 | | branch office of the State Board of Elections, or by the office | 25 | | of the election authority or local election official with whom | 26 | | the petitions are filed. |
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| 1 | | (Source: P.A. 98-691, eff. 7-1-14.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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