Full Text of HB2416 94th General Assembly
HB2416eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing
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| Sections 10-9 and 10-10 as follows:
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| (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
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| Sec. 10-9. The following electoral boards are designated | 8 |
| for the
purpose of hearing and passing upon the objector's | 9 |
| petition described in
Section 10-8.
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| 1. The State Board of Elections will hear and pass upon | 11 |
| objections
to the nominations of candidates for State offices,
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| nominations of candidates for congressional, legislative and | 13 |
| judicial
offices of districts or circuits situated in more than | 14 |
| one county, nominations
of candidates for the offices of | 15 |
| State's attorney or regional superintendent
of schools to be | 16 |
| elected from more than one county, and petitions for
proposed | 17 |
| amendments to the Constitution of the State of Illinois as
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| provided for in Section 3 of Article XIV of the Constitution.
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| 2. The county officers electoral board to hear and pass | 20 |
| upon
objections to the nominations of candidates for county , | 21 |
| municipal, and
township offices,
for congressional, | 22 |
| legislative and judicial offices of a district or
circuit | 23 |
| coterminous with or less than a county, for school and | 24 |
| community
college district offices
trustees to be
voted for by | 25 |
| the electors of the county or by the electors of a township of
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| the county , for the office of multi-township assessor where | 27 |
| candidates for
such office are nominated in accordance with | 28 |
| this Code, and for all special
district offices, shall be | 29 |
| composed of the county clerk, or an assistant
designated by the | 30 |
| county clerk, the State's attorney of the county or
an | 31 |
| Assistant State's Attorney designated by the State's Attorney, | 32 |
| and the
clerk of the circuit court, or an assistant designated |
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| by the clerk of
the circuit court, of the county, of whom the | 2 |
| county clerk or his designee
shall be the chairman, except that | 3 |
| in any county which has established a
county board of election | 4 |
| commissioners that board
shall constitute the county officers | 5 |
| electoral board ex-officio.
If a
municipality, school | 6 |
| district, or community college district is located in 2 or
more | 7 |
| counties, the county officers electoral
board of the county in | 8 |
| which the principal offices of the municipality, school
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| district, or community college district is located shall hear | 10 |
| and pass upon
objections to nominations of candidates for the | 11 |
| municipal offices, school
district offices, or community | 12 |
| college district offices.
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| 3. (Blank).
The municipal officers electoral board to hear | 14 |
| and pass
upon
objections to the nominations of candidates for | 15 |
| officers of
municipalities shall be composed of the mayor or | 16 |
| president of the board
of trustees of the city, village or | 17 |
| incorporated town, and the city,
village or incorporated town | 18 |
| clerk, and one member of the city council
or board of trustees, | 19 |
| that member being designated who is eligible to
serve on the | 20 |
| electoral board and has served the
greatest number of years as | 21 |
| a member of the city council or board of
trustees, of whom the | 22 |
| mayor or president of the board of trustees shall
be the | 23 |
| chairman.
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| 4. (Blank).
The township officers electoral board to pass | 25 |
| upon
objections to
the nominations of township officers shall | 26 |
| be composed of the township
supervisor, the town clerk, and | 27 |
| that eligible town trustee elected in the
township who has had | 28 |
| the longest term of continuous service as town
trustee, of whom | 29 |
| the township supervisor shall be the chairman.
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| 5. (Blank).
The education officers electoral board to hear | 31 |
| and pass
upon
objections to the nominations of candidates for | 32 |
| offices in school or
community college districts shall be | 33 |
| composed of the presiding officer of
the school or community | 34 |
| college district board, who shall be the chairman,
the | 35 |
| secretary of the school or community college district board and | 36 |
| the
eligible elected school or community college board member |
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| who has the
longest term of continuous service as a board | 2 |
| member.
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| 6. In all cases, however, where the Congressional or | 4 |
| Legislative
district is wholly within the jurisdiction of a | 5 |
| board of election
commissioners and in all cases where the | 6 |
| school district or special
district is wholly within the | 7 |
| jurisdiction of a municipal board of
election commissioners and | 8 |
| in all cases where the municipality or
township is wholly or | 9 |
| partially within the jurisdiction of a municipal
board of | 10 |
| election commissioners, the board of election commissioners
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| shall ex-officio constitute the electoral board.
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| For special districts situated in more than one county, the | 13 |
| county officers
electoral board of the county in which the | 14 |
| principal office of the district
is located has jurisdiction to | 15 |
| hear and pass upon objections. For purposes
of this Section, | 16 |
| "special districts" means all political subdivisions other
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| than counties, municipalities, townships and school and | 18 |
| community college
districts .
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| In the event that any member of the county officers | 20 |
| electoral
appropriate board is a candidate
for the office with | 21 |
| relation to which the objector's petition is filed,
he or she | 22 |
| shall not be eligible to serve on that board and shall not act | 23 |
| as
a member of the board and his or her place shall be filled by | 24 |
| the county
treasurer, and if he or she is ineligible to serve, | 25 |
| by the sheriff of the
county.
as follows:
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| a. In the county officers electoral board by the county
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| treasurer, and if he or she is ineligible to serve, by the | 28 |
| sheriff of the
county.
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| b. In the municipal officers electoral board by the | 30 |
| eligible
elected city council or board of trustees member | 31 |
| who has served the second
greatest number of years as a | 32 |
| city council or board of trustees member.
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| c. In the township officers electoral board by the | 34 |
| eligible
elected town trustee who has had the second | 35 |
| longest term of continuous service
as a town trustee.
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| d. In the education officers electoral board by the |
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| eligible
elected school or community college district | 2 |
| board member who has had the
second longest term of | 3 |
| continuous service as a board member.
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| In the event that the chairman of the electoral board is | 5 |
| ineligible
to act because of the fact that he is a candidate | 6 |
| for the office with
relation to which the objector's petition | 7 |
| is filed, then the substitute
chosen under the provisions of | 8 |
| this Section shall be the chairman; In
this case, the officer | 9 |
| or board with whom the objector's petition is
filed, shall | 10 |
| transmit the certificate of nomination or nomination papers
as | 11 |
| the case may be, and the objector's petition to the substitute
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| chairman of the electoral board.
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| When 2 or more eligible individuals, by reason of their | 14 |
| terms of service
on a city council or board of trustees, | 15 |
| township board of
trustees, or school or community college | 16 |
| district board, qualify to serve
on an electoral board, the one | 17 |
| to serve shall be chosen by lot.
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| Any vacancies on the county officers
an electoral board not | 19 |
| otherwise
filled pursuant to this
Section shall be filled by | 20 |
| public members appointed by the Chief Judge of
the Circuit | 21 |
| Court for the county wherein the electoral board hearing is
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| being held upon notification to the Chief Judge of such
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| vacancies. The Chief Judge shall be so notified by a member of | 24 |
| the electoral
board or the officer or board with whom the | 25 |
| objector's petition was filed.
In the event that none of the | 26 |
| individuals designated by this Section to
serve on the | 27 |
| electoral board are eligible, the chairman of an electoral
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| board shall be designated by the Chief Judge.
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| (Source: P.A. 87-570 .)
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| (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
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| Sec. 10-10. Within 24 hours after the receipt of the | 32 |
| certificate of
nomination or nomination papers or proposed | 33 |
| question of public
policy, as the case may be, and the | 34 |
| objector's petition, the chairman
of the electoral board other | 35 |
| than the State Board of Elections shall
send a call by |
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| registered or certified mail to each of the members of the
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| electoral board, and to the objector who filed the objector's | 3 |
| petition, and
either to the candidate whose certificate of | 4 |
| nomination or nomination
papers are objected to or to the | 5 |
| principal proponent or attorney for
proponents of a question of | 6 |
| public policy, as the case may be, whose
petitions are objected | 7 |
| to, and shall also cause the sheriff of the county
or counties | 8 |
| in which such officers and persons reside to serve a copy of
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| such call upon each of such officers and persons, which call | 10 |
| shall set out
the fact that the electoral board is required to | 11 |
| meet to hear and pass upon
the objections to nominations made | 12 |
| for the office, designating it, and
shall state the day, hour | 13 |
| and place at which the electoral board shall meet
for the | 14 |
| purpose, which place shall be in the
county court house in the | 15 |
| county in the case of the County Officers
Electoral Board , the | 16 |
| Municipal Officers Electoral Board, the Township
Officers | 17 |
| Electoral Board or the Education Officers Electoral Board .
The | 18 |
| Township Officers Electoral Board may meet in the township | 19 |
| offices, if
they are available, rather than the county | 20 |
| courthouse.
In
those cases where the State Board of Elections | 21 |
| is the electoral board
designated under Section 10-9, the | 22 |
| chairman of the State Board of Elections
shall, within 24 hours | 23 |
| after the receipt of the certificate of nomination
or | 24 |
| nomination papers or petitions for a proposed amendment to | 25 |
| Article IV of
the Constitution or proposed statewide question | 26 |
| of public policy, send a
call by registered or certified mail | 27 |
| to the objector who files the
objector's petition, and either | 28 |
| to the candidate whose certificate of
nomination or nomination | 29 |
| papers are objected to or to the principal
proponent or | 30 |
| attorney for proponents of the proposed Constitutional
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| amendment or statewide question of public policy and shall | 32 |
| state the day,
hour and place at which the electoral board | 33 |
| shall meet for the purpose,
which place may be in the Capitol | 34 |
| Building or in the principal or permanent
branch office of the | 35 |
| State Board. The day of the meeting shall not be less
than 3 | 36 |
| nor more than 5 days after the receipt of the certificate of
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| nomination or nomination papers and the objector's petition by | 2 |
| the chairman
of the electoral board.
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| 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 the
chairman may issue subpoenas requiring the | 6 |
| attendance of witnesses and
subpoenas duces tecum requiring the | 7 |
| production of such books, papers,
records and documents as may | 8 |
| be evidence of any matter under inquiry
before the electoral | 9 |
| board, in the same manner as witnesses are
subpoenaed in the | 10 |
| Circuit Court.
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| Service of such subpoenas shall be made by any sheriff or | 12 |
| other
person in the same manner as in cases in such court and | 13 |
| the fees of such
sheriff shall be the same as is provided by | 14 |
| law, and shall be paid by
the objector or candidate who causes | 15 |
| the issuance of the subpoena. In
case any person so served | 16 |
| shall knowingly neglect or refuse to obey any
such subpoena, or | 17 |
| to testify, the electoral board shall at once file a
petition | 18 |
| in the circuit court of the county in which such hearing is to
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| be heard, or has been attempted to be heard, setting forth the | 20 |
| facts, of
such knowing refusal or neglect, and accompanying the | 21 |
| petition with a
copy of the citation and the answer, if one has | 22 |
| been filed, together
with a copy of the subpoena and the return | 23 |
| of service thereon, and shall
apply for an order of court | 24 |
| requiring such person to attend and testify,
and forthwith | 25 |
| produce books and papers, before the electoral board. Any
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| circuit court of the state, excluding the judge who is sitting | 27 |
| on the electoral
board, upon such showing shall order such | 28 |
| person to appear and testify,
and to forthwith produce such | 29 |
| books and papers, before the electoral board
at a place to be | 30 |
| fixed by the court. If such person shall knowingly fail
or | 31 |
| refuse to obey such order of the court without lawful excuse, | 32 |
| the court
shall punish him or her by fine and imprisonment, as | 33 |
| the nature of the case
may require and may be lawful in cases | 34 |
| of contempt of court.
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| The electoral board on the first day of its meeting shall | 36 |
| adopt rules
of procedure for the introduction of evidence and |
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| the presentation of
arguments and may, in its discretion, | 2 |
| provide for the filing of briefs
by the parties to the | 3 |
| objection or by other interested persons.
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| In the event of a State Electoral Board hearing on | 5 |
| objections to a
petition for an amendment to Article IV of the | 6 |
| Constitution
pursuant to Section 3 of Article XIV of the | 7 |
| Constitution, or to a
petition for a question of public policy | 8 |
| to be submitted to the
voters of the entire State, the | 9 |
| certificates of the county clerks and boards
of election | 10 |
| commissioners showing the results of the random sample of
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| signatures on the petition shall be prima facie valid and | 12 |
| accurate, and
shall be presumed to establish the number of | 13 |
| valid and invalid
signatures on the petition sheets reviewed in | 14 |
| the random sample, as prescribed
in Section 28-11 and 28-12 of | 15 |
| this Code. Either party, however, may introduce
evidence at | 16 |
| such hearing to dispute the findings as to particular | 17 |
| signatures.
In addition to the foregoing, in the absence of | 18 |
| competent evidence presented
at such hearing by a party | 19 |
| substantially challenging the results of a random
sample, or | 20 |
| showing a different result obtained by an additional sample,
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| this certificate of a county clerk or board of election | 22 |
| commissioners shall
be presumed to establish the ratio of valid | 23 |
| to invalid signatures within
the particular election | 24 |
| jurisdiction.
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| The electoral board shall take up the question as to | 26 |
| whether or not
the certificate of nomination or nomination | 27 |
| papers or petitions are in
proper form, and whether or not they | 28 |
| were filed within the time and
under the conditions required by | 29 |
| law, and whether or not they are the
genuine certificate of | 30 |
| nomination or nomination papers or petitions
which they purport | 31 |
| to be, and whether or not in the case of the
certificate of | 32 |
| nomination in question it represents accurately the
decision of | 33 |
| the caucus or convention issuing it, and in general shall
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| decide whether or not the certificate of nomination or | 35 |
| nominating papers
or petitions on file are valid or whether the | 36 |
| objections thereto should
be sustained and the decision of a |
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| majority of the electoral board shall
be final subject to | 2 |
| judicial review as provided in Section 10-10.1. The
electoral | 3 |
| board must state its findings in writing and must state in
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| writing which objections, if any, it has sustained.
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| Upon the expiration of the period within which a proceeding | 6 |
| for
judicial review must be commenced under Section 10--10.1, | 7 |
| the electoral
board shall, unless a proceeding for judicial | 8 |
| review has been commenced
within such period, transmit, by | 9 |
| registered or certified mail, a
certified copy of its ruling, | 10 |
| together with the original certificate of
nomination or | 11 |
| nomination papers or petitions and the original objector's
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| petition, to the officer or board with whom the certificate of
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| nomination or nomination papers or petitions, as objected to, | 14 |
| were on
file, and such officer or board shall abide by and | 15 |
| comply with the
ruling so made to all intents and purposes.
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| (Source: P.A. 91-285, eff. 1-1-00.)
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