Full Text of HB3250 99th General Assembly
HB3250 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3250 Introduced , by Rep. Steven Andersson SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/10-10 | from Ch. 46, par. 10-10 |
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Amends the Election Code. Provides that nominating papers or petitions shall be considered valid provided that there was substantial compliance with the law and rules and no evidence of fraud.
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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 Section | 5 | | 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 | 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 chairman
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 chairman 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 chairman
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
chairman to issue subpoenas | 11 | | requiring the attendance of witnesses and
subpoenas duces tecum | 12 | | requiring the production of such books, papers,
records and | 13 | | documents as may be evidence of any matter under inquiry
before | 14 | | the electoral board, in the same manner as witnesses are
| 15 | | subpoenaed 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, or | 9 | | showing a different result obtained by an additional sample,
| 10 | | 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 within
the particular election | 13 | | 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 Unites 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 | | Notwithstanding any provision of law to the contrary, | 16 | | nominating papers or petitions shall be considered valid | 17 | | provided that there was substantial compliance with the law and | 18 | | rules and no evidence of fraud. | 19 | | Upon the expiration of the period within which a proceeding | 20 | | for
judicial review must be commenced under Section 10-10.1, | 21 | | the electoral
board shall, unless a proceeding for judicial | 22 | | review has been commenced
within such period, transmit, by | 23 | | registered or certified mail, a
certified copy of its ruling, | 24 | | together with the original certificate of
nomination or | 25 | | nomination papers or petitions and the original objector's
| 26 | | petition, to the officer or board with whom the certificate of
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| 1 | | nomination or nomination papers or petitions, as objected to, | 2 | | were on
file, and such officer or board shall abide by and | 3 | | comply with the
ruling so made to all intents and purposes.
| 4 | | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; | 5 | | revised 11-25-14.)
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