Full Text of HB3114 101st General Assembly
HB3114ham002 101ST GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 3/12/2020
| | 10100HB3114ham002 | | LRB101 08793 SMS 70602 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3114
| 2 | | AMENDMENT NO. ______. Amend House Bill 3114 on page 1, line | 3 | | 5, by replacing "and 10-5" with "10-5, 10-8, and 10-10"; and | 4 | | on page 22, immediately below line 7, by inserting the | 5 | | following:
| 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 |
| | | 10100HB3114ham002 | - 2 - | LRB101 08793 SMS 70602 a |
|
| 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 |
| | | 10100HB3114ham002 | - 3 - | LRB101 08793 SMS 70602 a |
|
| 1 | | of nomination or nomination papers and
the original objector's | 2 | | petition to the chair of the proper electoral
board designated | 3 | | in Section 10-9 hereof, or his authorized agent, and
shall | 4 | | 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 |
| | | 10100HB3114ham002 | - 4 - | LRB101 08793 SMS 70602 a |
|
| 1 | | objector's petition
to the chair of the proper electoral board | 2 | | designated in Section 10-9
hereof, or his authorized agent, and | 3 | | shall transmit a copy by
registered mail or receipted personal | 4 | | delivery, of the objector's petition
to the person designated | 5 | | on a certificate attached to the petition as the
principal | 6 | | proponent of the public question, or as the proponent's | 7 | | attorney,
for the purposes of receiving notice of objections.
| 8 | | The objector's petition shall give the objector's name and | 9 | | residence
address, and shall state fully the nature of the | 10 | | objections to the
certificate of nomination or nomination | 11 | | papers or petitions in question,
and shall state the interest | 12 | | of the objector and shall state what relief
is requested of the | 13 | | electoral board. By signing the objector's petition, the | 14 | | objectors certify that: (1) it is not being presented for any | 15 | | improper purpose, such as to harass; (2) the objections are | 16 | | warranted by existing law or by a nonfrivolous argument for | 17 | | extending, modifying, or reversing existing law or for | 18 | | establishing new law; and (3) the factual contentions have | 19 | | evidentiary support. The electoral board hearing the objection | 20 | | may impose an appropriate sanction on the objectors and their | 21 | | legal counsel for any false certification, including a monetary | 22 | | sanction payable to the county clerk and opposing parties.
| 23 | | The provisions of this Section and of Sections 10-9, 10-10 | 24 | | and
10-10.1 shall also apply to and govern objections to | 25 | | petitions for
nomination filed under Article 7 or Article 8, | 26 | | except as otherwise
provided in Section 7-13 for cases to which |
| | | 10100HB3114ham002 | - 5 - | LRB101 08793 SMS 70602 a |
|
| 1 | | it is applicable, and also
apply to and govern petitions for | 2 | | the submission of public questions under
Article 28.
| 3 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 4 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| 5 | | Sec. 10-10. Within 24 hours after the receipt of the | 6 | | certificate of
nomination or nomination papers or proposed | 7 | | question of public
policy, as the case may be, and the | 8 | | objector's petition, the chair
of the electoral board other | 9 | | than the State Board of Elections shall
send a call by | 10 | | registered or certified mail to each of the members of the
| 11 | | electoral board, and to the objector who filed the objector's | 12 | | petition, and
either to the candidate whose certificate of | 13 | | nomination or nomination
papers are objected to or to the | 14 | | principal proponent or attorney for
proponents of a question of | 15 | | public policy, as the case may be, whose
petitions are objected | 16 | | to, and shall also cause the sheriff of the county
or counties | 17 | | in which such officers and persons reside to serve a copy of
| 18 | | such call upon each of such officers and persons, which call | 19 | | shall set out
the fact that the electoral board is required to | 20 | | meet to hear and pass upon
the objections to nominations made | 21 | | for the office, designating it, and
shall state the day, hour | 22 | | and place at which the electoral board shall meet
for the | 23 | | purpose, which place shall be in the
county court house in the | 24 | | county in the case of the County Officers
Electoral Board, the | 25 | | Municipal Officers Electoral Board, the Township
Officers |
| | | 10100HB3114ham002 | - 6 - | LRB101 08793 SMS 70602 a |
|
| 1 | | Electoral Board or the Education Officers Electoral Board, | 2 | | except that the Municipal Officers Electoral Board, the | 3 | | Township Officers Electoral Board, and the Education Officers | 4 | | Electoral Board may meet at the location where the governing | 5 | | body of the municipality, township, or community college | 6 | | district, respectively, holds its regularly scheduled | 7 | | meetings, if that location is available; provided that voter | 8 | | records may be removed from the offices of an election | 9 | | authority only at the discretion and under the supervision of | 10 | | the election authority.
In
those cases where the State Board of | 11 | | Elections is the electoral board
designated under Section 10-9, | 12 | | the chair of the State Board of Elections
shall, within 24 | 13 | | hours after the receipt of the certificate of nomination
or | 14 | | nomination papers or petitions for a proposed amendment to | 15 | | Article IV of
the Constitution or proposed statewide question | 16 | | of public policy, send a
call by registered or certified mail | 17 | | to the objector who files the
objector's petition, and either | 18 | | to the candidate whose certificate of
nomination or nomination | 19 | | papers are objected to or to the principal
proponent or | 20 | | attorney for proponents of the proposed Constitutional
| 21 | | amendment or statewide question of public policy and shall | 22 | | state the day,
hour, and place at which the electoral board | 23 | | shall meet for the purpose,
which place may be in the Capitol | 24 | | Building or in the principal or permanent
branch office of the | 25 | | State Board. The day of the meeting shall not be less
than 3 | 26 | | nor more than 5 days after the receipt of the certificate of
|
| | | 10100HB3114ham002 | - 7 - | LRB101 08793 SMS 70602 a |
|
| 1 | | nomination or nomination papers and the objector's petition by | 2 | | the chair
of the electoral board.
| 3 | | The electoral board shall have the power to administer | 4 | | oaths and to
subpoena and examine witnesses and, at the request | 5 | | of either party and only upon a vote by a majority of its | 6 | | members, may authorize the chair
to issue subpoenas requiring | 7 | | the attendance of witnesses and
subpoenas duces tecum requiring | 8 | | the production of such books, papers,
records and documents as | 9 | | may be evidence of any matter under inquiry
before the | 10 | | electoral board, in the same manner as witnesses are
subpoenaed | 11 | | in the Circuit Court.
| 12 | | Service of such subpoenas shall be made by any sheriff or | 13 | | other
person in the same manner as in cases in such court and | 14 | | the fees of such
sheriff shall be the same as is provided by | 15 | | law, and shall be paid by
the objector or candidate who causes | 16 | | the issuance of the subpoena. In
case any person so served | 17 | | shall knowingly neglect or refuse to obey any
such subpoena, or | 18 | | to testify, the electoral board shall at once file a
petition | 19 | | in the circuit court of the county in which such hearing is to
| 20 | | be heard, or has been attempted to be heard, setting forth the | 21 | | facts, of
such knowing refusal or neglect, and accompanying the | 22 | | petition with a
copy of the citation and the answer, if one has | 23 | | been filed, together
with a copy of the subpoena and the return | 24 | | of service thereon, and shall
apply for an order of court | 25 | | requiring such person to attend and testify,
and forthwith | 26 | | produce books and papers, before the electoral board. Any
|
| | | 10100HB3114ham002 | - 8 - | LRB101 08793 SMS 70602 a |
|
| 1 | | circuit court of the state, excluding the judge who is sitting | 2 | | on the electoral
board, upon such showing shall order such | 3 | | person to appear and testify,
and to forthwith produce such | 4 | | books and papers, before the electoral board
at a place to be | 5 | | fixed by the court. If such person shall knowingly fail
or | 6 | | refuse to obey such order of the court without lawful excuse, | 7 | | the court
shall punish him or her by fine and imprisonment, as | 8 | | the nature of the case
may require and may be lawful in cases | 9 | | of contempt of court.
| 10 | | The electoral board on the first day of its meeting shall | 11 | | adopt rules
of procedure for the introduction of evidence and | 12 | | the presentation of
arguments and may, in its discretion, | 13 | | provide for the filing of briefs
by the parties to the | 14 | | objection or by other interested persons.
| 15 | | In the event of a State Electoral Board hearing on | 16 | | objections to a
petition for an amendment to Article IV of the | 17 | | Constitution
pursuant to Section 3 of Article XIV of the | 18 | | Constitution, or to a
petition for a question of public policy | 19 | | to be submitted to the
voters of the entire State, the | 20 | | certificates of the county clerks and boards
of election | 21 | | commissioners showing the results of the random sample of
| 22 | | signatures on the petition shall be prima facie valid and | 23 | | accurate, and
shall be presumed to establish the number of | 24 | | valid and invalid
signatures on the petition sheets reviewed in | 25 | | the random sample, as prescribed
in Section 28-11 and 28-12 of | 26 | | this Code. Either party, however, may introduce
evidence at |
| | | 10100HB3114ham002 | - 9 - | LRB101 08793 SMS 70602 a |
|
| 1 | | such hearing to dispute the findings as to particular | 2 | | signatures.
In addition to the foregoing, in the absence of | 3 | | competent evidence presented
at such hearing by a party | 4 | | substantially challenging the results of a random
sample, or | 5 | | showing a different result obtained by an additional sample,
| 6 | | this certificate of a county clerk or board of election | 7 | | commissioners shall
be presumed to establish the ratio of valid | 8 | | to invalid signatures within
the particular election | 9 | | jurisdiction.
| 10 | | The electoral board shall take up the question as to | 11 | | whether or not
the certificate of nomination or nomination | 12 | | papers or petitions are in
proper form, and whether or not they | 13 | | were filed within the time and
under the conditions required by | 14 | | law, and whether or not they are the
genuine certificate of | 15 | | nomination or nomination papers or petitions
which they purport | 16 | | to be, and whether or not in the case of the
certificate of | 17 | | nomination in question it represents accurately the
decision of | 18 | | the caucus or convention issuing it, and in general shall
| 19 | | decide whether or not the certificate of nomination or | 20 | | nominating papers
or petitions on file are valid or whether the | 21 | | objections thereto should
be sustained and the decision of a | 22 | | majority of the electoral board shall
be final subject to | 23 | | judicial review as provided in Section 10-10.1. The nomination | 24 | | papers of a candidate shall be deemed invalid and a candidate's | 25 | | name shall not appear on the ballot if he or she is found to | 26 | | have personally engaged in material fraud or a pattern of fraud |
| | | 10100HB3114ham002 | - 10 - | LRB101 08793 SMS 70602 a |
|
| 1 | | in connection with the nominating papers. The
electoral board | 2 | | must state its findings in writing and must state in
writing | 3 | | which objections, if any, it has sustained. A copy of the | 4 | | decision shall be served upon the parties to the proceedings in | 5 | | open proceedings before the electoral board. If a party does | 6 | | not appear for receipt of the decision, the decision shall be | 7 | | deemed to have been served on the absent party on the date when | 8 | | a copy of the decision is personally delivered or on the date | 9 | | when a copy of the decision is deposited in the United States | 10 | | mail, in a sealed envelope or package, with postage prepaid, | 11 | | addressed to each party affected by the decision or to such | 12 | | party's attorney of record, if any, at the address on record | 13 | | for such person in the files of the electoral board.
| 14 | | Upon the expiration of the period within which a proceeding | 15 | | for
judicial review must be commenced under Section 10-10.1, | 16 | | the electoral
board shall, unless a proceeding for judicial | 17 | | review has been commenced
within such period, transmit, by | 18 | | registered or certified mail, a
certified copy of its ruling, | 19 | | together with the original certificate of
nomination or | 20 | | nomination papers or petitions and the original objector's
| 21 | | petition, to the officer or board with whom the certificate of
| 22 | | nomination or nomination papers or petitions, as objected to, | 23 | | were on
file, and such officer or board shall abide by and | 24 | | comply with the
ruling so made to all intents and purposes.
| 25 | | (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16; | 26 | | 100-1027, eff. 1-1-19 .)".
|
|