Full Text of HB5023 101st General Assembly
HB5023 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5023 Introduced 2/18/2020___________, by SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/10-10 | from Ch. 46, par. 10-10 | 10 ILCS 5/22-6 | from Ch. 46, par. 22-6 | 10 ILCS 5/28-9 | from Ch. 46, par. 28-9 | 10 ILCS 5/28-11 | from Ch. 46, par. 28-11 | 10 ILCS 5/28-12 | from Ch. 46, par. 28-12 | 10 ILCS 5/28-13 | from Ch. 46, par. 28-13 |
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Amends the Election Code. In provisions requiring the State Board of Elections to publish on its website precinct-by-precinct vote totals, provides that the Board only has to publish totals for offices and candidates that the Board certifies the election results. Makes changes to requirements for a petition for a proposed amendment to the Illinois Constitution or proposed statewide advisory public question. Makes other changes. Effective immediately.
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| | A BILL FOR |
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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 10-10, 22-6, 28-9, 28-11, 28-12, and 28-13 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 | 8 | | certificate of
nomination or nomination papers or proposed | 9 | | question of public
policy, as the case may be, and the | 10 | | objector's petition, the chair
of the electoral board other | 11 | | than the State Board of Elections shall
send a call by | 12 | | registered or certified mail to each of the members of the
| 13 | | electoral board, and to the objector who filed the objector's | 14 | | petition, and
either to the candidate whose certificate of | 15 | | nomination or nomination
papers are objected to or to the | 16 | | principal proponent or attorney for
proponents of a question of | 17 | | public policy, as the case may be, whose
petitions are objected | 18 | | to, and shall also cause the sheriff of the county
or counties | 19 | | in which such officers and persons reside to serve a copy of
| 20 | | such call upon each of such officers and persons, which call | 21 | | shall set out
the fact that the electoral board is required to | 22 | | meet to hear and pass upon
the objections to nominations made | 23 | | for the office, designating it, and
shall state the day, hour |
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| 1 | | and place at which the electoral board shall meet
for the | 2 | | purpose, which place shall be in the
county court house in the | 3 | | county in the case of the County Officers
Electoral Board, the | 4 | | Municipal Officers Electoral Board, the Township
Officers | 5 | | Electoral Board or the Education Officers Electoral Board, | 6 | | except that the Municipal Officers Electoral Board, the | 7 | | Township Officers Electoral Board, and the Education Officers | 8 | | Electoral Board may meet at the location where the governing | 9 | | body of the municipality, township, or community college | 10 | | district, respectively, holds its regularly scheduled | 11 | | meetings, if that location is available; provided that voter | 12 | | records may be removed from the offices of an election | 13 | | authority only at the discretion and under the supervision of | 14 | | the election authority.
In
those cases where the State Board of | 15 | | Elections is the electoral board
designated under Section 10-9, | 16 | | the chair of the State Board of Elections
shall, within 24 | 17 | | hours after the receipt of the certificate of nomination
or | 18 | | nomination papers or petitions for a proposed amendment to | 19 | | Article IV of
the Constitution or proposed statewide question | 20 | | of public policy, send a
call by registered or certified mail | 21 | | to the objector who files the
objector's petition, and either | 22 | | to the candidate whose certificate of
nomination or nomination | 23 | | papers are objected to or to the principal
proponent or | 24 | | attorney for proponents of the proposed Constitutional
| 25 | | amendment or statewide question of public policy and shall | 26 | | state the day,
hour, and place at which the electoral board |
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| 1 | | shall meet for the purpose,
which place may be in the Capitol | 2 | | Building or in the principal or permanent
branch office of the | 3 | | State Board. The day of the meeting shall not be less
than 3 | 4 | | nor more than 5 days after the receipt of the certificate of
| 5 | | nomination or nomination papers and the objector's petition by | 6 | | the chair
of the electoral board.
| 7 | | The electoral board shall have the power to administer | 8 | | oaths and to
subpoena and examine witnesses and, at the request | 9 | | of either party and only upon a vote by a majority of its | 10 | | members, may authorize the chair
to issue subpoenas requiring | 11 | | the attendance of witnesses and
subpoenas duces tecum requiring | 12 | | the production of such books, papers,
records and documents as | 13 | | may be evidence of any matter under inquiry
before the | 14 | | electoral board, in the same manner as witnesses are
subpoenaed | 15 | | in the Circuit Court.
| 16 | | Service of such subpoenas shall be made by any sheriff or | 17 | | other
person in the same manner as in cases in such court and | 18 | | the fees of such
sheriff shall be the same as is provided by | 19 | | law, and shall be paid by
the objector or candidate who causes | 20 | | the issuance of the subpoena. In
case any person so served | 21 | | shall knowingly neglect or refuse to obey any
such subpoena, or | 22 | | to testify, the electoral board shall at once file a
petition | 23 | | in the circuit court of the county in which such hearing is to
| 24 | | be heard, or has been attempted to be heard, setting forth the | 25 | | facts, of
such knowing refusal or neglect, and accompanying the | 26 | | petition with a
copy of the citation and the answer, if one has |
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| 1 | | been filed, together
with a copy of the subpoena and the return | 2 | | of service thereon, and shall
apply for an order of court | 3 | | requiring such person to attend and testify,
and forthwith | 4 | | produce books and papers, before the electoral board. Any
| 5 | | circuit court of the state, excluding the judge who is sitting | 6 | | on the electoral
board, upon such showing shall order such | 7 | | person to appear and testify,
and to forthwith produce such | 8 | | books and papers, before the electoral board
at a place to be | 9 | | fixed by the court. If such person shall knowingly fail
or | 10 | | refuse to obey such order of the court without lawful excuse, | 11 | | the court
shall punish him or her by fine and imprisonment, as | 12 | | the nature of the case
may require and may be lawful in cases | 13 | | of contempt of court.
| 14 | | The electoral board on the first day of its meeting shall | 15 | | adopt rules
of procedure for the introduction of evidence and | 16 | | the presentation of
arguments and may, in its discretion, | 17 | | provide for the filing of briefs
by the parties to the | 18 | | objection or by other interested persons.
| 19 | | In the event of a State Electoral Board hearing on | 20 | | objections to a
petition for an amendment to Article IV of the | 21 | | Constitution
pursuant to Section 3 of Article XIV of the | 22 | | Constitution, or to a
petition for a question of public policy | 23 | | to be submitted to the
voters of the entire State, the | 24 | | certificates of the county clerks and boards
of election | 25 | | commissioners showing the results of the random sample of
| 26 | | signatures on the petition shall be prima facie valid and |
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| 1 | | accurate, and
shall be presumed to establish the number of | 2 | | valid and invalid
signatures on the petition sheets reviewed in | 3 | | the random sample , as prescribed
in Section 28-11 and 28-12 of | 4 | | this Code. Either party, however, may introduce
evidence at | 5 | | such hearing to dispute the findings as to particular | 6 | | signatures.
In addition to the foregoing, in the absence of | 7 | | competent evidence presented
at such hearing by a party | 8 | | substantially challenging the results of a random
sample, such | 9 | | results or showing a different result obtained by an additional | 10 | | sample,
this certificate of a county clerk or board of election | 11 | | commissioners shall
be presumed to establish the ratio of valid | 12 | | to invalid signatures on the petition within
the particular | 13 | | election jurisdiction .
| 14 | | The electoral board shall take up the question as to | 15 | | whether or not
the certificate of nomination or nomination | 16 | | papers or petitions are in
proper form, and whether or not they | 17 | | were filed within the time and
under the conditions required by | 18 | | law, and whether or not they are the
genuine certificate of | 19 | | nomination or nomination papers or petitions
which they purport | 20 | | to be, and whether or not in the case of the
certificate of | 21 | | nomination in question it represents accurately the
decision of | 22 | | the caucus or convention issuing it, and in general shall
| 23 | | decide whether or not the certificate of nomination or | 24 | | nominating papers
or petitions on file are valid or whether the | 25 | | objections thereto should
be sustained and the decision of a | 26 | | majority of the electoral board shall
be final subject to |
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| 1 | | judicial review as provided in Section 10-10.1. The
electoral | 2 | | board must state its findings in writing and must state in
| 3 | | writing which objections, if any, it has sustained. A copy of | 4 | | the decision shall be served upon the parties to the | 5 | | proceedings in open proceedings before the electoral board. If | 6 | | a party does not appear for receipt of the decision, the | 7 | | decision shall be deemed to have been served on the absent | 8 | | party on the date when a copy of the decision is personally | 9 | | delivered or on the date when a copy of the decision is | 10 | | deposited in the United States mail, in a sealed envelope or | 11 | | package, with postage prepaid, addressed to each party affected | 12 | | by the decision or to such party's attorney of record, if any, | 13 | | at the address on record for such person in the files of the | 14 | | electoral board.
| 15 | | Upon the expiration of the period within which a proceeding | 16 | | for
judicial review must be commenced under Section 10-10.1, | 17 | | the electoral
board shall, unless a proceeding for judicial | 18 | | review has been commenced
within such period, transmit, by | 19 | | registered or certified mail, a
certified copy of its ruling, | 20 | | together with the original certificate of
nomination or | 21 | | nomination papers or petitions and the original objector's
| 22 | | petition, to the officer or board with whom the certificate of
| 23 | | nomination or nomination papers or petitions, as objected to, | 24 | | were on
file, and such officer or board shall abide by and | 25 | | comply with the
ruling so made to all intents and purposes.
| 26 | | (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16; |
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| 1 | | 100-1027, eff. 1-1-19 .)
| 2 | | (10 ILCS 5/22-6) (from Ch. 46, par. 22-6)
| 3 | | Sec. 22-6. E-Canvass. | 4 | | (a) Within 22 days after each election, each Election | 5 | | Authority shall provide unit-by-unit vote totals to the State | 6 | | Board of Elections in an electronic format to be prescribed by | 7 | | the State Board of Elections. The State Board of Elections | 8 | | shall promulgate rules necessary for the implementation of this | 9 | | Section.
| 10 | | (b) Beginning with the November 2014 general election and | 11 | | every primary, consolidated, general, and special election | 12 | | thereafter, within 52 days after each election, the State Board | 13 | | of Elections shall publish the precinct-by-precinct vote | 14 | | totals for offices and candidates that the State Board of | 15 | | Elections certifies the election results on its website and | 16 | | make them available in a downloadable form. | 17 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 18 | | (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
| 19 | | Sec. 28-9.
Petitions for proposed amendments to Article IV | 20 | | of the
Constitution pursuant to Section 3, Article XIV of the | 21 | | Constitution shall be
signed by a number of electors equal in | 22 | | number to at least 8% of the total
votes cast for candidates | 23 | | for Governor in the preceding gubernatorial election.
Such | 24 | | petition shall have been signed by the petitioning electors not |
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| 1 | | more than
24 months preceding the general election at which the | 2 | | proposed amendment is to
be submitted and shall be filed with | 3 | | the Secretary of State at least 6 months
before that general | 4 | | election.
| 5 | | Upon receipt of a petition for a proposed Constitutional | 6 | | amendment, the
Secretary of State shall, as soon as is | 7 | | practicable, but no later than the
close of the next business | 8 | | day, deliver such petition to the State Board of
Elections.
| 9 | | Petitions for advisory questions of public policy to be | 10 | | submitted to the
voters of the entire State shall be signed by | 11 | | a number of voters
equal in number to 8% of the total votes | 12 | | cast for candidates for Governor in
the preceding gubernatorial | 13 | | election. Such petition shall have been signed by
said | 14 | | petitioners not more than 24 months preceding the date of the | 15 | | general
election at which the question is to be submitted and | 16 | | shall be filed with the
State Board of Elections at least 6 | 17 | | months before that general election.
| 18 | | The proponents of the proposed statewide advisory
public | 19 | | question shall file the original petition for a proposed | 20 | | Constitutional amendment or a statewide advisory public | 21 | | question in bound
sections. Each section shall be composed of | 22 | | consecutively numbered petition
sheets bound in sections | 23 | | containing only the original signatures of registered voters in | 24 | | the State .
Any petition sheets not consecutively numbered or | 25 | | which contain duplicate
page numbers already used on other | 26 | | sheets, or are photocopies or duplicates
of the original |
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| 1 | | sheets, shall not be considered part of the petition for
the | 2 | | purpose of the random sampling verification and shall not be | 3 | | counted
toward the minimum number of signatures required to | 4 | | qualify the proposed
statewide advisory public question for the | 5 | | ballot.
| 6 | | Within 7 business days following the last day for filing | 7 | | the original
petition, the proponents shall also file copies of | 8 | | the petition sheets with each proper election authority
and | 9 | | obtain a receipt therefor.
| 10 | | For purposes of this Act, the following terms shall be | 11 | | defined and construed
as follows:
| 12 | | 1. "Board" means the State Board of Elections.
| 13 | | 2. "Election Authority" means a county clerk or city or | 14 | | county board of
election commissioners.
| 15 | | 3. (Blank).
| 16 | | 4. "Proponents" means any person, association, committee, | 17 | | organization
or other group, or their designated | 18 | | representatives, who advocate and cause
the circulation and | 19 | | filing of petitions for a statewide advisory question
of public | 20 | | policy or a proposed constitutional amendment for submission at
| 21 | | a general election and who has registered with the Board as | 22 | | provided in
this Act.
| 23 | | 5. "Opponents" means any person, association, committee, | 24 | | organization
or other group, or their designated | 25 | | representatives, who oppose a statewide
advisory question of | 26 | | public policy or a proposed constitutional amendment
for |
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| 1 | | submission at a general election and who have registered with | 2 | | the Board
as provided in this Act.
| 3 | | (Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
| 4 | | (10 ILCS 5/28-11) (from Ch. 46, par. 28-11)
| 5 | | Sec. 28-11.
The Board shall design a standard and | 6 | | scientific random
sampling method for the verification of | 7 | | petition signatures for statewide advisory referenda and | 8 | | proposed Constitutional amendments. In addition, the Board | 9 | | shall adopt rules of procedure for the petition filing process, | 10 | | including, but not limited to, the signature verification and | 11 | | signature rehabilitation procedures. shall conduct
a public | 12 | | test to prove the validity of its sampling method. Notice of | 13 | | the
time and place for such test shall be given at least 10 | 14 | | days before the date
on which such test is to be conducted and | 15 | | in the manner prescribed for notice
of regular Board meetings. | 16 | | Signatures on petitions for constitutional amendments | 17 | | initiated pursuant to Article XIV, Section 3 of the Illinois | 18 | | Constitution need not be segregated by election jurisdiction. | 19 | | The Board shall design an alternative signature verification | 20 | | method for referenda initiated pursuant to Article XIV, Section | 21 | | 3 of the Illinois Constitution.
| 22 | | Within 14 business days following the last day for the | 23 | | filing
of the original petition
as prescribed in Section 28-9, | 24 | | the | 25 | | The Board shall apply its proven random sampling
method to |
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| 1 | | the petition sheets in each election jurisdiction section for
| 2 | | the purpose of selecting and identifying the petition | 3 | | signatures to be included
in the sample for signature | 4 | | verification to be conducted by the Board. for the respective | 5 | | jurisdictions and
shall prepare and transmit to each proper | 6 | | election authority a list by page
and line number of the | 7 | | signatures from its election jurisdiction selected
for | 8 | | verification.
| 9 | | For each election jurisdiction, the sample verification | 10 | | shall include an
examination of either (a) 10% of the | 11 | | signatures if 5,010 or more signatures
are involved; or (b) 500 | 12 | | signatures if more than 500 but less than 5,010
signatures are | 13 | | involved; or (c) all signatures if 500 or less signatures are | 14 | | involved.
| 15 | | Each election authority with whom jurisdictional copies of | 16 | | petition sheets
were filed | 17 | | The Board shall determine the validity of those signatures | 18 | | contained in the sample use the proven random sampling method | 19 | | designed and furnished
by the Board for the verification of | 20 | | signatures shown on the list supplied
by the Board and in | 21 | | accordance with the adopted rules of procedure the following | 22 | | criteria for determination
of petition signature validity :
| 23 | | 1. Determine if the person who signed the petition is a | 24 | | registered voter
in that election jurisdiction or was a | 25 | | registered voter therein on the date
the petition was | 26 | | signed;
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| 1 | | 2. Determine if the signature of the person who signed | 2 | | the petition reasonably
compares with the signature shown | 3 | | on that person's registration record card.
| 4 | | Within 14 business days following receipt from the Board of | 5 | | the
list of signatures
for verification, each election | 6 | | authority shall transmit a properly dated
certificate to the | 7 | | Board which shall indicate; (a) the page and line number
of | 8 | | petition signatures examined, (b) the validity or invalidity of | 9 | | such signatures,
and (c) the reasons for invalidity, based on | 10 | | the criteria heretofore prescribed.
The Board shall prepare and | 11 | | adopt a standard form of certificate for use
by the election | 12 | | authorities which shall be transmitted with the list of
| 13 | | signatures for verification.
| 14 | | Upon written request of the election authority that, due to | 15 | | the volume
of signatures in the sample for its jurisdiction, | 16 | | additional time is needed
to properly perform the signature | 17 | | verification, the Board may grant the
election authority | 18 | | additional days to complete the verification and transmit
the | 19 | | certificate of results. These certificates of random sample | 20 | | verification
results shall be available for public inspection | 21 | | within 24 hours after receipt
by the State Board of Elections.
| 22 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 23 | | (10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
| 24 | | Sec. 28-12.
Upon completion of the signature verification | 25 | | process, Upon receipt of the certificates of the election |
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| 1 | | authorities
showing the results of the sample signature | 2 | | verification, the Board shall:
| 3 | | 1. Based on the sample of signatures examined , | 4 | | calculate the ratio of invalid and or valid signatures on | 5 | | the petition
in each election jurisdiction .
| 6 | | 2. Apply the ratio of invalid to valid signatures in an | 7 | | election
jurisdiction sample to the total number of | 8 | | petition signatures submitted on the petition
from that | 9 | | election jurisdiction .
| 10 | | 3. Compute the degree of multiple signature | 11 | | contamination in each election
jurisdiction sample .
| 12 | | 4. Adjusting Adjust for multiple signature | 13 | | contamination and the the number of invalid signatures,
| 14 | | project the total number of valid petition signatures | 15 | | submitted from each
election jurisdiction .
| 16 | | 5. Aggregate the total number of projected valid | 17 | | signatures from each
election jurisdiction and project the | 18 | | total number of valid signatures on
the petition statewide.
| 19 | | If such statewide projection establishes a total number of | 20 | | valid petition
signatures less than 95% not greater than 95.0% | 21 | | of the minimum number of signatures required
to qualify the | 22 | | proposed Constitutional amendment or statewide advisory
public | 23 | | question for the ballot, the petition shall be presumed | 24 | | invalid;
provided that, prior to the last day for ballot | 25 | | certification for the general
election, the Board shall conduct | 26 | | a hearing for the purpose of allowing
the proponents to present |
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| 1 | | competent evidence or an additional sample to
rebut the | 2 | | presumption of
invalidity. At the conclusion of such hearing, | 3 | | and after the resolution of any specific objection filed | 4 | | pursuant to Section 10-8 of this Code, the Board shall issue a
| 5 | | final order declaring the petition to be valid or invalid and | 6 | | shall, in
accordance with its order, certify or not certify the | 7 | | proposition for the ballot.
| 8 | | If such statewide projection establishes a total number of | 9 | | valid petition
signatures equal to or greater than 95% greater | 10 | | than 95.0% of the minimum number of signatures required
to | 11 | | qualify the proposed Constitutional amendment or statewide | 12 | | advisory
public question for the ballot, the results of the | 13 | | sample shall be considered
inconclusive and, if no specific | 14 | | objections to the petition are filed pursuant
to Section 10-8 | 15 | | of this Code, the Board shall issue a final order declaring
the | 16 | | petition to be valid and shall certify the proposition for the | 17 | | ballot.
| 18 | | In either event, the Board shall append to its final order | 19 | | the detailed
results of the sample from each election | 20 | | jurisdiction which shall include:
(a) specific page and line | 21 | | numbers of signatures actually verified or determined
to be | 22 | | invalid by the respective election authorities, and (b) the | 23 | | calculations
and projections performed by the Board for each | 24 | | election jurisdiction.
| 25 | | (Source: P.A. 97-81, eff. 7-5-11.)
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| 1 | | (10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
| 2 | | Sec. 28-13.
Each political party and civic organization as | 3 | | well as the
registered proponents and opponents of a proposed | 4 | | Constitutional amendment or
statewide advisory public question | 5 | | shall be entitled to one watcher in
the office of the election | 6 | | authority to observe the conduct of the sample
signature | 7 | | verification and participate in any proceedings related | 8 | | thereto . However, in those election jurisdictions where
a 10% | 9 | | sample is required, the proponents and opponents may appoint no | 10 | | more than
5 assistant watchers in addition to the 1 principal | 11 | | watcher permitted herein.
| 12 | | Within 7 days following the last day for filing of the | 13 | | original petition,
the proponents and opponents shall certify | 14 | | in writing to the Board that they
publicly support or oppose | 15 | | the proposed statewide
advisory public question. The | 16 | | proponents and opponents of such questions shall
register the | 17 | | name and address of its group and the name and address of its | 18 | | chair
and designated agent for acceptance of service of notices | 19 | | with
the Board. Thereupon, the Board shall prepare a list of | 20 | | the registered
proponents and opponents and shall adopt a | 21 | | standard proponents' and opponents' watcher
credential form. A | 22 | | copy of such list and sufficient copies of such credentials
| 23 | | shall be transmitted with the list for the sample signature | 24 | | verification
to the appropriate election authorities. Those | 25 | | election authorities shall
issue credentials to the | 26 | | permissible number of watchers for each proponent and opponent
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| 1 | | group; provided, however, that a prospective watcher shall | 2 | | first present
to the election authority a letter of | 3 | | authorization signed by the chair
of the proponent or opponent | 4 | | group he or she represents.
| 5 | | Political party and qualified civic organization watcher | 6 | | credentials shall
be substantially in the form and shall be | 7 | | authorized in the manner prescribed
in Section 7-34 of this | 8 | | Code.
| 9 | | The rights and limitations of pollwatchers as prescribed by | 10 | | Section 7-34
of this Code, insofar as they may be made | 11 | | applicable, shall be applicable
to watchers at the conduct of | 12 | | the sample signature verification.
| 13 | | The principal watcher for the proponents and opponents may | 14 | | make signed written
objections to the Board relating to | 15 | | procedures observed during the conduct
of the sample signature | 16 | | verification which could materially affect the results
of the | 17 | | sample. Such written objections shall be presented to the | 18 | | election
authority and a copy mailed to the Board and shall be | 19 | | attached to the certificate
of sample results transmitted by | 20 | | the election authority to the Board.
| 21 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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