SB0497 EngrossedLRB103 02948 AWJ 47954 b

1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing
5Section 10-10 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
8certificate of nomination or nomination papers or proposed
9question of public policy, as the case may be, and the
10objector's petition, the chair of the electoral board other
11than the State Board of Elections shall send a call by
12registered or certified mail: to each of the members of the
13electoral board; to the objector who filed the objector's
14petition; either to the candidate whose certificate of
15nomination or nomination papers are objected to or to the
16principal proponent or attorney for proponents of a question
17of public policy, as the case may be, whose petitions are
18objected to; to the election authority to whom the ballot is
19certified; and to the appropriate county clerk. The chair of
20the electoral board other than the State Board of Elections
21shall also cause the sheriff of the county or counties in which
22such officers and persons reside to serve a copy of such call
23upon each of such officers and persons, which call shall set



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1out the fact that the electoral board is required to meet to
2hear and pass upon the objections to nominations made for the
3office, designating it, and shall state the day, hour and
4place at which the electoral board shall meet for the purpose,
5which place shall be in the county court house in the county in
6the case of the County Officers Electoral Board, the Municipal
7Officers Electoral Board, the Township Officers Electoral
8Board or the Education Officers Electoral Board, except that
9the Municipal Officers Electoral Board, the Township Officers
10Electoral Board, and the Education Officers Electoral Board
11may meet at the location where the governing body of the
12municipality, township, or community college district,
13respectively, holds its regularly scheduled meetings, if that
14location is available; provided that voter records may be
15removed from the offices of an election authority only at the
16discretion and under the supervision of the election
17authority. In those cases where the State Board of Elections
18is the electoral board designated under Section 10-9, the
19chair of the State Board of Elections shall, within 24 hours
20after the receipt of the certificate of nomination or
21nomination papers or petitions for a proposed amendment to
22Article IV of the Constitution or proposed statewide question
23of public policy, send a call by registered or certified mail
24to the objector who files the objector's petition, and either
25to the candidate whose certificate of nomination or nomination
26papers are objected to or to the principal proponent or



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1attorney for proponents of the proposed Constitutional
2amendment or statewide question of public policy and shall
3state the day, hour, and place at which the electoral board
4shall meet for the purpose, which place may be in the Capitol
5Building or in the principal or permanent branch office of the
6State Board. The day of the meeting shall not be less than 3
7nor more than 5 days after the receipt of the certificate of
8nomination or nomination papers and the objector's petition by
9the chair of the electoral board.
10    The electoral board shall have the power to administer
11oaths and to subpoena and examine witnesses and, at the
12request of either party and only upon a vote by a majority of
13its members, may authorize the chair to issue subpoenas
14requiring the attendance of witnesses and subpoenas duces
15tecum requiring the production of such books, papers, records
16and documents as may be evidence of any matter under inquiry
17before the electoral board, in the same manner as witnesses
18are subpoenaed in the Circuit Court.
19    Service of such subpoenas shall be made by any sheriff or
20other person in the same manner as in cases in such court and
21the fees of such sheriff shall be the same as is provided by
22law, and shall be paid by the objector or candidate who causes
23the issuance of the subpoena. In case any person so served
24shall knowingly neglect or refuse to obey any such subpoena,
25or to testify, the electoral board shall at once file a
26petition in the circuit court of the county in which such



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1hearing is to be heard, or has been attempted to be heard,
2setting forth the facts, of such knowing refusal or neglect,
3and accompanying the petition with a copy of the citation and
4the answer, if one has been filed, together with a copy of the
5subpoena and the return of service thereon, and shall apply
6for an order of court requiring such person to attend and
7testify, and forthwith produce books and papers, before the
8electoral board. Any circuit court of the state, excluding the
9judge who is sitting on the electoral board, upon such showing
10shall order such person to appear and testify, and to
11forthwith produce such books and papers, before the electoral
12board at a place to be fixed by the court. If such person shall
13knowingly fail or refuse to obey such order of the court
14without lawful excuse, the court shall punish him or her by
15fine and imprisonment, as the nature of the case may require
16and may be lawful in cases of contempt of court.
17    The electoral board on the first day of its meeting shall
18adopt rules of procedure for the introduction of evidence and
19the presentation of arguments and may, in its discretion,
20provide for the filing of briefs by the parties to the
21objection or by other interested persons.
22    In the event of a State Electoral Board hearing on
23objections to a petition for an amendment to Article IV of the
24Constitution pursuant to Section 3 of Article XIV of the
25Constitution, or to a petition for a question of public policy
26to be submitted to the voters of the entire State, the



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1certificates of the county clerks and boards of election
2commissioners showing the results of the random sample of
3signatures on the petition shall be prima facie valid and
4accurate, and shall be presumed to establish the number of
5valid and invalid signatures on the petition sheets reviewed
6in the random sample, as prescribed in Section 28-11 and 28-12
7of this Code. Either party, however, may introduce evidence at
8such hearing to dispute the findings as to particular
9signatures. In addition to the foregoing, in the absence of
10competent evidence presented at such hearing by a party
11substantially challenging the results of a random sample, or
12showing a different result obtained by an additional sample,
13this certificate of a county clerk or board of election
14commissioners shall be presumed to establish the ratio of
15valid to invalid signatures within the particular election
17    The electoral board shall take up the question as to
18whether or not the certificate of nomination or nomination
19papers or petitions are in proper form, and whether or not they
20were filed within the time and under the conditions required
21by law, and whether or not they are the genuine certificate of
22nomination or nomination papers or petitions which they
23purport to be, and whether or not in the case of the
24certificate of nomination in question it represents accurately
25the decision of the caucus or convention issuing it, and in
26general shall decide whether or not the certificate of



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1nomination or nominating papers or petitions on file are valid
2or whether the objections thereto should be sustained and the
3decision of a majority of the electoral board shall be final
4subject to judicial review as provided in Section 10-10.1. The
5nomination papers of a candidate shall be deemed invalid and a
6candidate's name shall not appear on the ballot if the
7candidate is found to have personally engaged in material
8fraud or a pattern of fraud in connection with the signatures
9on the nominating papers or false swearing with respect to the
10nominating papers. The electoral board must state its findings
11in writing and must state in writing which objections, if any,
12it has sustained. A copy of the decision shall be served upon
13the parties to the proceedings in open proceedings before the
14electoral board. If a party does not appear for receipt of the
15decision, the decision shall be deemed to have been served on
16the absent party on the date when a copy of the decision is
17personally delivered or on the date when a copy of the decision
18is deposited in the United States mail, in a sealed envelope or
19package, with postage prepaid, addressed to each party
20affected by the decision or to such party's attorney of
21record, if any, at the address on record for such person in the
22files of the electoral board.
23    Upon the expiration of the period within which a
24proceeding for judicial review must be commenced under Section
2510-10.1, the electoral board shall, unless a proceeding for
26judicial review has been commenced within such period,



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1transmit, by registered or certified mail, a certified copy of
2its ruling, together with the original certificate of
3nomination or nomination papers or petitions and the original
4objector's petition, to the officer or board with whom the
5certificate of nomination or nomination papers or petitions,
6as objected to, were on file and to the election authority to
7whom the ballot is certified and the appropriate county clerk,
8and such officer or board shall abide by and comply with the
9ruling so made to all intents and purposes.
10(Source: P.A. 103-467, eff. 8-4-23.)