Full Text of HB2636 98th General Assembly
HB2636 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2636 Introduced 2/21/2013, by Rep. Robert F Martwick SYNOPSIS AS INTRODUCED: | | 10 ILCS 5/10-9 | from Ch. 46, par. 10-9 | 10 ILCS 5/10-10 | from Ch. 46, par. 10-10 |
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Amends the Election Code. Provides that the county officers electoral board
shall hear and pass upon objections to nominations for municipal offices,
for township offices, if the township
is wholly located in one county, and for community college district offices.
Provides that if a municipality, school district, or community college district
is located in 2 or more counties, the county officers electoral board of the
county
in which the principal offices of the municipality, school district, or
community college district are located shall hear and pass upon the objections.
Deletes provisions concerning the municipal officers electoral board, the
township officers electors board, and the education officers electors board.
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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 10-9 and 10-10 as follows:
| 6 | | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| 7 | | 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.
| 10 | | 1. The State Board of Elections will hear and pass upon | 11 | | objections
to the nominations of candidates for State | 12 | | offices,
nominations of candidates for congressional, | 13 | | legislative and judicial
offices of districts, | 14 | | subcircuits, or circuits situated in more than one county, | 15 | | nominations
of candidates for the offices of State's | 16 | | attorney or regional superintendent
of schools to be | 17 | | elected from more than one county, and petitions for
| 18 | | proposed amendments to the Constitution of the State of | 19 | | Illinois as
provided for in Section 3 of Article XIV of the | 20 | | Constitution.
| 21 | | 2. The county officers electoral board to hear and pass | 22 | | upon
objections to the nominations of candidates for | 23 | | county , municipal, and
township offices,
for |
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| 1 | | congressional, legislative and judicial offices of a | 2 | | district, subcircuit, or
circuit coterminous with or less | 3 | | than a county, for school and community
college district | 4 | | offices trustees to be
voted for by the electors of the | 5 | | county or by the electors of a township of
the county , for | 6 | | the office of multi-township assessor where candidates for
| 7 | | such office are nominated in accordance with this Code, and | 8 | | for all special
district offices, shall be composed of the | 9 | | county clerk, or an assistant
designated by the county | 10 | | clerk, the State's attorney of the county or
an Assistant | 11 | | State's Attorney designated by the State's Attorney, and | 12 | | the
clerk of the circuit court, or an assistant designated | 13 | | by the clerk of
the circuit court, of the county, of whom | 14 | | the county clerk or his designee
shall be the chairman, | 15 | | except that in any county which has established a
county | 16 | | board of election commissioners that board
shall | 17 | | constitute the county officers electoral board ex-officio. | 18 | | If a
municipality, school district, or community college | 19 | | district is located in 2 or
more counties, the county | 20 | | officers electoral
board of the county in which the | 21 | | principal offices of the municipality, school
district, or | 22 | | community college district is located shall hear and pass | 23 | | upon
objections to nominations of candidates for the | 24 | | municipal offices, school
district offices, or community | 25 | | college district offices.
| 26 | | 3. (Blank). The municipal officers electoral board to |
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| 1 | | hear and pass upon
objections to the nominations of | 2 | | candidates for officers of
municipalities shall be | 3 | | composed of the mayor or president of the board
of trustees | 4 | | of the city, village or incorporated town, and the city,
| 5 | | village or incorporated town clerk, and one member of the | 6 | | city council
or board of trustees, that member being | 7 | | designated who is eligible to
serve on the electoral board | 8 | | and has served the
greatest number of years as a member of | 9 | | the city council or board of
trustees, of whom the mayor or | 10 | | president of the board of trustees shall
be the chairman.
| 11 | | 4. (Blank). The township officers electoral board to | 12 | | pass upon objections to
the nominations of township | 13 | | officers shall be composed of the township
supervisor, the | 14 | | town clerk, and that eligible town trustee elected in the
| 15 | | township who has had the longest term of continuous service | 16 | | as town
trustee, of whom the township supervisor shall be | 17 | | the chairman.
| 18 | | 5. (Blank). The education officers electoral board to | 19 | | hear and pass upon
objections to the nominations of | 20 | | candidates for offices in school or
community college | 21 | | districts shall be composed of the presiding officer of
the | 22 | | school or community college district board, who shall be | 23 | | the chairman,
the secretary of the school or community | 24 | | college district board and the
eligible elected school or | 25 | | community college board member who has the
longest term of | 26 | | continuous service as a board member.
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| 1 | | 6. In all cases, however, where the Congressional, | 2 | | Legislative, or Representative
district is wholly or | 3 | | partially within the jurisdiction of a single municipal | 4 | | board of election
commissioners in Cook County and in all | 5 | | cases where the school district or special
district is | 6 | | wholly within the jurisdiction of a municipal board of
| 7 | | election commissioners and in all cases where the | 8 | | municipality or
township is wholly or partially within the | 9 | | jurisdiction of a municipal
board of election | 10 | | commissioners, the board of election commissioners
shall | 11 | | ex-officio constitute the electoral board.
| 12 | | 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
| 17 | | than counties, municipalities, townships and school and | 18 | | community college
districts .
| 19 | | 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:
| 26 | | a. In the county officers electoral board by the county
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| 1 | | treasurer, and if he or she is ineligible to serve, by the | 2 | | sheriff of the
county.
| 3 | | b. In the municipal officers electoral board by the | 4 | | eligible
elected city council or board of trustees member | 5 | | who has served the second
greatest number of years as a | 6 | | city council or board of trustees member.
| 7 | | c. In the township officers electoral board by the | 8 | | eligible
elected town trustee who has had the second | 9 | | longest term of continuous service
as a town trustee.
| 10 | | d. In the education officers electoral board by the | 11 | | eligible
elected school or community college district | 12 | | board member who has had the
second longest term of | 13 | | continuous service as a board member.
| 14 | | In the event that the chairman of the electoral board is | 15 | | ineligible
to act because of the fact that he is a candidate | 16 | | for the office with
relation to which the objector's petition | 17 | | is filed, then the substitute
chosen under the provisions of | 18 | | this Section shall be the chairman; In
this case, the officer | 19 | | or board with whom the objector's petition is
filed, shall | 20 | | transmit the certificate of nomination or nomination papers
as | 21 | | the case may be, and the objector's petition to the substitute
| 22 | | chairman of the electoral board.
| 23 | | When 2 or more eligible individuals, by reason of their | 24 | | terms of service
on a city council or board of trustees, | 25 | | township board of
trustees, or school or community college | 26 | | district board, qualify to serve
on an electoral board, the one |
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| 1 | | to serve shall be chosen by lot.
| 2 | | Any vacancies on the county officers an electoral board not | 3 | | otherwise filled pursuant to this
Section shall be filled by | 4 | | public members appointed by the Chief Judge of
the Circuit | 5 | | Court for the county wherein the electoral board hearing is
| 6 | | being held upon notification to the Chief Judge of such
| 7 | | vacancies. The Chief Judge shall be so notified by a member of | 8 | | the electoral
board or the officer or board with whom the | 9 | | objector's petition was filed.
In the event that none of the | 10 | | individuals designated by this Section to
serve on the | 11 | | electoral board are eligible, the chairman of an electoral
| 12 | | board shall be designated by the Chief Judge.
| 13 | | (Source: P.A. 96-1008, eff. 7-6-10.)
| 14 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| 15 | | Sec. 10-10. Within 24 hours after the receipt of the | 16 | | certificate of
nomination or nomination papers or proposed | 17 | | question of public
policy, as the case may be, and the | 18 | | objector's petition, the chairman
of the electoral board other | 19 | | than the State Board of Elections shall
send a call by | 20 | | registered or certified mail to each of the members of the
| 21 | | electoral board, and to the objector who filed the objector's | 22 | | petition, and
either to the candidate whose certificate of | 23 | | nomination or nomination
papers are objected to or to the | 24 | | principal proponent or attorney for
proponents of a question of | 25 | | public policy, as the case may be, whose
petitions are objected |
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| 1 | | to, and shall also cause the sheriff of the county
or counties | 2 | | in which such officers and persons reside to serve a copy of
| 3 | | such call upon each of such officers and persons, which call | 4 | | shall set out
the fact that the electoral board is required to | 5 | | meet to hear and pass upon
the objections to nominations made | 6 | | for the office, designating it, and
shall state the day, hour | 7 | | and place at which the electoral board shall meet
for the | 8 | | purpose, which place shall be in the
county court house in the | 9 | | county in the case of the County Officers
Electoral Board , the | 10 | | Municipal Officers Electoral Board, the Township
Officers | 11 | | Electoral Board or the Education Officers Electoral Board , | 12 | | except that the Municipal Officers Electoral Board, the | 13 | | Township Officers Electoral Board, and the Education Officers | 14 | | Electoral Board may meet at the location where the governing | 15 | | body of the municipality, township, or school or community | 16 | | college district, respectively, holds its regularly scheduled | 17 | | meetings, if that location is available; provided that voter | 18 | | records may be removed from the offices of an election | 19 | | authority only at the discretion and under the supervision of | 20 | | the election authority.
In
those cases where the State Board of | 21 | | Elections is the electoral board
designated under Section 10-9, | 22 | | the chairman of the State Board of Elections
shall, within 24 | 23 | | hours 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 |
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| 1 | | to the objector who files the
objector's petition, and either | 2 | | to the candidate whose certificate of
nomination or nomination | 3 | | papers are objected to or to the principal
proponent or | 4 | | attorney for proponents of the proposed Constitutional
| 5 | | amendment or statewide question of public policy and shall | 6 | | state the day,
hour and place at which the electoral board | 7 | | shall meet for the purpose,
which place may be in the Capitol | 8 | | Building or in the principal or permanent
branch office of the | 9 | | State Board. The day of the meeting shall not be less
than 3 | 10 | | nor more than 5 days after the receipt of the certificate of
| 11 | | nomination or nomination papers and the objector's petition by | 12 | | the chairman
of the electoral board.
| 13 | | The electoral board shall have the power to administer | 14 | | oaths and to
subpoena and examine witnesses and at the request | 15 | | of either party the
chairman may issue subpoenas requiring the | 16 | | attendance of witnesses and
subpoenas duces tecum requiring the | 17 | | production of such books, papers,
records and documents as may | 18 | | be evidence of any matter under inquiry
before the electoral | 19 | | board, in the same manner as witnesses are
subpoenaed in the | 20 | | Circuit Court.
| 21 | | Service of such subpoenas shall be made by any sheriff or | 22 | | other
person in the same manner as in cases in such court and | 23 | | the fees of such
sheriff shall be the same as is provided by | 24 | | law, and shall be paid by
the objector or candidate who causes | 25 | | the issuance of the subpoena. In
case any person so served | 26 | | shall knowingly neglect or refuse to obey any
such subpoena, or |
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| 1 | | to testify, the electoral board shall at once file a
petition | 2 | | in the circuit court of the county in which such hearing is to
| 3 | | be heard, or has been attempted to be heard, setting forth the | 4 | | facts, of
such knowing refusal or neglect, and accompanying the | 5 | | petition with a
copy of the citation and the answer, if one has | 6 | | been filed, together
with a copy of the subpoena and the return | 7 | | of service thereon, and shall
apply for an order of court | 8 | | requiring such person to attend and testify,
and forthwith | 9 | | produce books and papers, before the electoral board. Any
| 10 | | circuit court of the state, excluding the judge who is sitting | 11 | | on the electoral
board, upon such showing shall order such | 12 | | person to appear and testify,
and to forthwith produce such | 13 | | books and papers, before the electoral board
at a place to be | 14 | | fixed by the court. If such person shall knowingly fail
or | 15 | | refuse to obey such order of the court without lawful excuse, | 16 | | the court
shall punish him or her by fine and imprisonment, as | 17 | | the nature of the case
may require and may be lawful in cases | 18 | | of contempt of court.
| 19 | | The electoral board on the first day of its meeting shall | 20 | | adopt rules
of procedure for the introduction of evidence and | 21 | | the presentation of
arguments and may, in its discretion, | 22 | | provide for the filing of briefs
by the parties to the | 23 | | objection or by other interested persons.
| 24 | | In the event of a State Electoral Board hearing on | 25 | | objections to a
petition for an amendment to Article IV of the | 26 | | Constitution
pursuant to Section 3 of Article XIV of the |
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| 1 | | Constitution, or to a
petition for a question of public policy | 2 | | to be submitted to the
voters of the entire State, the | 3 | | certificates of the county clerks and boards
of election | 4 | | commissioners showing the results of the random sample of
| 5 | | signatures on the petition shall be prima facie valid and | 6 | | accurate, and
shall be presumed to establish the number of | 7 | | valid and invalid
signatures on the petition sheets reviewed in | 8 | | the random sample, as prescribed
in Section 28-11 and 28-12 of | 9 | | this Code. Either party, however, may introduce
evidence at | 10 | | such hearing to dispute the findings as to particular | 11 | | signatures.
In addition to the foregoing, in the absence of | 12 | | competent evidence presented
at such hearing by a party | 13 | | substantially challenging the results of a random
sample, or | 14 | | showing a different result obtained by an additional sample,
| 15 | | this certificate of a county clerk or board of election | 16 | | commissioners shall
be presumed to establish the ratio of valid | 17 | | to invalid signatures within
the particular election | 18 | | jurisdiction.
| 19 | | The electoral board shall take up the question as to | 20 | | whether or not
the certificate of nomination or nomination | 21 | | papers or petitions are in
proper form, and whether or not they | 22 | | were filed within the time and
under the conditions required by | 23 | | law, and whether or not they are the
genuine certificate of | 24 | | nomination or nomination papers or petitions
which they purport | 25 | | to be, and whether or not in the case of the
certificate of | 26 | | nomination in question it represents accurately the
decision of |
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| 1 | | the caucus or convention issuing it, and in general shall
| 2 | | decide whether or not the certificate of nomination or | 3 | | nominating papers
or petitions on file are valid or whether the | 4 | | objections thereto should
be sustained and the decision of a | 5 | | majority of the electoral board shall
be final subject to | 6 | | judicial review as provided in Section 10-10.1. The
electoral | 7 | | board must state its findings in writing and must state in
| 8 | | writing which objections, if any, it has sustained. A copy of | 9 | | the decision shall be served upon the parties to the | 10 | | proceedings in open proceedings before the electoral board. If | 11 | | a party does not appear for receipt of the decision, the | 12 | | decision shall be deemed to have been served on the absent | 13 | | party on the date when a copy of the decision is personally | 14 | | delivered or on the date when a copy of the decision is | 15 | | deposited in the Unites States mail, in a sealed envelope or | 16 | | package, with postage prepaid, addressed to each party affected | 17 | | by the decision or to such party's attorney of record, if any, | 18 | | at the address on record for such person in the files of the | 19 | | electoral board.
| 20 | | Upon the expiration of the period within which a proceeding | 21 | | for
judicial review must be commenced under Section 10-10.1, | 22 | | the electoral
board shall, unless a proceeding for judicial | 23 | | review has been commenced
within such period, transmit, by | 24 | | registered or certified mail, a
certified copy of its ruling, | 25 | | together with the original certificate of
nomination or | 26 | | nomination papers or petitions and the original objector's
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| 1 | | petition, to the officer or board with whom the certificate of
| 2 | | nomination or nomination papers or petitions, as objected to, | 3 | | were on
file, and such officer or board shall abide by and | 4 | | comply with the
ruling so made to all intents and purposes.
| 5 | | (Source: P.A. 95-872, eff. 1-1-09; 96-1008, eff. 7-6-10 .)
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