Full Text of SB1652 103rd General Assembly
SB1652sam001 103RD GENERAL ASSEMBLY | Sen. Rachel Ventura Filed: 5/1/2024 | | 10300SB1652sam001 | | LRB103 25886 JDS 72866 a |
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| 1 | | AMENDMENT TO SENATE BILL 1652
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1652 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 10-10 and 10-10.1 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; to the objector who filed the objector's | 14 | | petition; 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 |
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| 1 | | of public policy, as the case may be, whose petitions are | 2 | | objected to; to the election authority to whom the ballot is | 3 | | certified; and to the appropriate county clerk. The chair of | 4 | | the electoral board other than the State Board of Elections | 5 | | shall also cause the sheriff of the county or counties in which | 6 | | such officers and persons reside to serve a copy of such call | 7 | | upon each of such officers and persons, which call shall set | 8 | | out the fact that the electoral board is required to meet to | 9 | | hear and pass upon the objections to nominations made for the | 10 | | office, designating it, and shall state the day, hour and | 11 | | place at which the electoral board shall meet for the purpose, | 12 | | which place shall be in the county court house in the county in | 13 | | the case of the County Officers Electoral Board, the Municipal | 14 | | Officers Electoral Board, the Township Officers Electoral | 15 | | Board or the Education Officers Electoral Board, except that | 16 | | the Municipal Officers Electoral Board, the Township Officers | 17 | | Electoral Board, and the Education Officers Electoral Board | 18 | | may meet at the location where the governing body of the | 19 | | municipality, township, or community college district, | 20 | | respectively, holds its regularly scheduled meetings, if that | 21 | | location is available; provided that voter records may be | 22 | | removed from the offices of an election authority only at the | 23 | | discretion and under the supervision of the election | 24 | | authority. In those cases where the State Board of Elections | 25 | | is the electoral board designated under Section 10-9, the | 26 | | chair of the State Board of Elections shall, within 24 hours |
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| 1 | | after the receipt of the certificate of nomination or | 2 | | nomination papers or petitions for a proposed amendment to | 3 | | Article IV of the Constitution or proposed statewide question | 4 | | of public policy, send a call by registered or certified mail | 5 | | to the objector who files the objector's petition, and either | 6 | | to the candidate whose certificate of nomination or nomination | 7 | | papers are objected to or to the principal proponent or | 8 | | attorney for proponents of the proposed Constitutional | 9 | | amendment or statewide question of public policy and shall | 10 | | state the day, hour, and place at which the electoral board | 11 | | shall meet for the purpose, which place may be in the Capitol | 12 | | Building or in the principal or permanent branch office of the | 13 | | State Board. The day of the meeting shall not be less than 3 | 14 | | nor more than 5 days after the receipt of the certificate of | 15 | | nomination or nomination papers and the objector's petition by | 16 | | the chair of the electoral board. | 17 | | The electoral board shall have the power to administer | 18 | | oaths and to subpoena and examine witnesses and, at the | 19 | | request of either party and only upon a vote by a majority of | 20 | | its members, may authorize the chair to issue subpoenas | 21 | | requiring the attendance of witnesses and subpoenas duces | 22 | | tecum requiring the production of such books, papers, records | 23 | | and documents as may be evidence of any matter under inquiry | 24 | | before the electoral board, in the same manner as witnesses | 25 | | are subpoenaed in the Circuit Court. | 26 | | Service of such subpoenas shall be made by any sheriff or |
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| 1 | | other person in the same manner as in cases in such court and | 2 | | the fees of such sheriff shall be the same as is provided by | 3 | | law, and shall be paid by the objector or candidate who causes | 4 | | the issuance of the subpoena. In case any person so served | 5 | | shall knowingly neglect or refuse to obey any such subpoena, | 6 | | or to testify, the electoral board shall at once file a | 7 | | petition in the circuit court of the county in which such | 8 | | hearing is to be heard, or has been attempted to be heard, | 9 | | setting forth the facts, of such knowing refusal or neglect, | 10 | | and accompanying the petition with a copy of the citation and | 11 | | the answer, if one has been filed, together with a copy of the | 12 | | subpoena and the return of service thereon, and shall apply | 13 | | for an order of court requiring such person to attend and | 14 | | testify, and forthwith produce books and papers, before the | 15 | | electoral board. Any circuit court of the state, excluding the | 16 | | judge who is sitting on the electoral board, upon such showing | 17 | | shall order such person to appear and testify, and to | 18 | | forthwith produce such books and papers, before the electoral | 19 | | board at a place to be fixed by the court. If such person shall | 20 | | knowingly fail or refuse to obey such order of the court | 21 | | without lawful excuse, the court shall punish him or her by | 22 | | fine and imprisonment, as the nature of the case may require | 23 | | and may be lawful in cases of contempt of court. | 24 | | The electoral board on the first day of its meeting shall | 25 | | adopt rules of procedure for the introduction of evidence and | 26 | | the presentation of arguments and may, in its discretion, |
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| 1 | | provide for the filing of briefs by the parties to the | 2 | | objection or by other interested persons. | 3 | | In the event of a State Electoral Board hearing on | 4 | | objections to a petition for an amendment to Article IV of the | 5 | | Constitution pursuant to Section 3 of Article XIV of the | 6 | | Constitution, or to a petition for a question of public policy | 7 | | to be submitted to the voters of the entire State, the | 8 | | certificates of the county clerks and boards of election | 9 | | commissioners showing the results of the random sample of | 10 | | signatures on the petition shall be prima facie valid and | 11 | | accurate, and shall be presumed to establish the number of | 12 | | valid and invalid signatures on the petition sheets reviewed | 13 | | in the random sample, as prescribed in Section 28-11 and 28-12 | 14 | | of this Code. Either party, however, may introduce evidence at | 15 | | such hearing to dispute the findings as to particular | 16 | | signatures. In addition to the foregoing, in the absence of | 17 | | competent evidence presented at such hearing by a party | 18 | | substantially challenging the results of a random sample, or | 19 | | showing a different result obtained by an additional sample, | 20 | | this certificate of a county clerk or board of election | 21 | | commissioners shall be presumed to establish the ratio of | 22 | | valid to invalid signatures within the particular election | 23 | | jurisdiction. | 24 | | The electoral board shall take up the question as to | 25 | | whether or not the certificate of nomination or nomination | 26 | | papers or petitions are in proper form, and whether or not they |
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| 1 | | were filed within the time and under the conditions required | 2 | | by law, and whether or not they are the genuine certificate of | 3 | | nomination or nomination papers or petitions which they | 4 | | purport to be, and whether or not in the case of the | 5 | | certificate of nomination in question it represents accurately | 6 | | the decision of the caucus or convention issuing it, and in | 7 | | general shall decide whether or not the certificate of | 8 | | nomination or nominating papers or petitions on file are valid | 9 | | or whether the objections thereto should be sustained and the | 10 | | decision of a majority of the electoral board shall be final | 11 | | subject to judicial review as provided in Section 10-10.1. The | 12 | | nomination papers of a candidate shall be deemed invalid and a | 13 | | candidate's name shall not appear on the ballot if the | 14 | | candidate is found to have personally engaged in material | 15 | | fraud or a pattern of fraud in connection with the signatures | 16 | | on the nominating papers or false swearing with respect to the | 17 | | nominating papers. The electoral board must state its findings | 18 | | in writing and must state in writing which objections, if any, | 19 | | it has sustained. A copy of the decision shall be served upon | 20 | | the parties to the proceedings in open proceedings before the | 21 | | electoral board. If a party does not appear for receipt of the | 22 | | decision, the decision shall be deemed to have been served on | 23 | | the absent party on the date when a copy of the decision is | 24 | | personally delivered or on the date when a copy of the decision | 25 | | is deposited in the United States mail, in a sealed envelope or | 26 | | package, with postage prepaid, addressed to each party |
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| 1 | | affected by the decision or to such party's attorney of | 2 | | record, if any, at the address on record for such person in the | 3 | | files of the electoral board. | 4 | | Upon the expiration of the period within which a | 5 | | proceeding for judicial review must be commenced under Section | 6 | | 10-10.1, the electoral board shall, unless a proceeding for | 7 | | judicial review has been commenced within such period, | 8 | | transmit, by registered or certified mail, a certified copy of | 9 | | its ruling, together with the original certificate of | 10 | | nomination or nomination papers or petitions and the original | 11 | | objector's petition, to the officer or board with whom the | 12 | | certificate of nomination or nomination papers or petitions, | 13 | | as objected to, were on file and to the election authority to | 14 | | whom the ballot is certified and the appropriate county clerk, | 15 | | and such officer or board shall abide by and comply with the | 16 | | ruling so made to all intents and purposes. | 17 | | (Source: P.A. 103-467, eff. 8-4-23.) | 18 | | (10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1) | 19 | | Sec. 10-10.1. (a) Except as otherwise provided in this | 20 | | Section, a candidate or objector aggrieved by the decision of | 21 | | an electoral board may secure judicial review of such decision | 22 | | in the circuit court of the county in which the hearing of the | 23 | | electoral board was held. The party seeking judicial review | 24 | | must file , within 5 days after service of the decision of the | 25 | | electoral board as provided in Section 10-10, a petition with |
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| 1 | | the clerk of the court that names as respondents the electoral | 2 | | board, its members, and the prevailing candidates or objectors | 3 | | in the initial proceeding before the board. The party seeking | 4 | | judicial review and must serve a copy of the petition upon each | 5 | | of the respondents named in the petition for judicial review | 6 | | the electoral board and other parties to the proceeding by | 7 | | registered or certified mail within 5 days after service of | 8 | | the decision of the electoral board as provided in Section | 9 | | 10-10. The petition shall contain a brief statement of the | 10 | | reasons why the decision of the board should be reversed. The | 11 | | petitioner shall file proof of service with the clerk of the | 12 | | court within 5 days after service of the decision of the | 13 | | electoral board as provided in Section 10-10 . No answer to the | 14 | | petition need be filed, but the electoral board shall cause | 15 | | the record of proceedings before the electoral board to be | 16 | | filed with the clerk of the court on or before the date of the | 17 | | hearing on the petition or as ordered by the court. | 18 | | The court shall set the matter for hearing to be held | 19 | | within 30 days after the filing of the petition and shall make | 20 | | its decision promptly after such hearing. | 21 | | (b) An objector or proponent aggrieved by the decision of | 22 | | an electoral board regarding a petition filed pursuant to | 23 | | Section 18-120 of the Property Tax Code may secure a review of | 24 | | such decision by the State Board of Elections. The party | 25 | | seeking such review must file a petition therefor with the | 26 | | State Board of Elections within 10 days after the decision of |
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| 1 | | the electoral board. Any such objector or proponent may apply | 2 | | for and obtain judicial review of a decision of the State Board | 3 | | of Elections entered under this amendatory Act of 1985, in | 4 | | accordance with the provisions of the Administrative Review | 5 | | Law, as amended. | 6 | | (Source: P.A. 96-1008, eff. 7-6-10.)". |
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