Full Text of HB4588 95th General Assembly
HB4588enr 95TH GENERAL ASSEMBLY
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HB4588 Enrolled |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 10-10 as follows:
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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 | 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
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| 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
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| 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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| 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 school or community | 10 |
| college 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 .
The Township Officers Electoral Board | 15 |
| may meet in the township offices, if
they are available, rather | 16 |
| than the county courthouse.
In
those cases where the State | 17 |
| Board of Elections is the electoral board
designated under | 18 |
| Section 10-9, the chairman of the State Board of Elections
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| shall, within 24 hours after the receipt of the certificate of | 20 |
| nomination
or nomination papers or petitions for a proposed | 21 |
| amendment to Article IV of
the Constitution or proposed | 22 |
| statewide question of public policy, send a
call by registered | 23 |
| or certified mail to the objector who files the
objector's | 24 |
| petition, and either to the candidate whose certificate of
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| nomination or nomination papers are objected to or to the | 26 |
| principal
proponent or attorney for proponents of the proposed |
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| Constitutional
amendment or statewide question of public | 2 |
| policy and shall state the day,
hour and place at which the | 3 |
| electoral board shall meet for the purpose,
which place may be | 4 |
| in the Capitol Building or in the principal or permanent
branch | 5 |
| office of the State Board. The day of the meeting shall not be | 6 |
| less
than 3 nor more than 5 days after the receipt of the | 7 |
| certificate of
nomination or nomination papers and the | 8 |
| objector's petition by the chairman
of the electoral board.
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| The electoral board shall have the power to administer | 10 |
| oaths and to
subpoena and examine witnesses and at the request | 11 |
| of either party the
chairman may issue subpoenas requiring the | 12 |
| attendance of witnesses and
subpoenas duces tecum requiring the | 13 |
| production of such books, papers,
records and documents as may | 14 |
| be evidence of any matter under inquiry
before the electoral | 15 |
| board, in the same manner as witnesses are
subpoenaed in the | 16 |
| Circuit Court.
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| Service of such subpoenas shall be made by any sheriff or | 18 |
| other
person in the same manner as in cases in such court and | 19 |
| the fees of such
sheriff shall be the same as is provided by | 20 |
| law, and shall be paid by
the objector or candidate who causes | 21 |
| the issuance of the subpoena. In
case any person so served | 22 |
| shall knowingly neglect or refuse to obey any
such subpoena, or | 23 |
| to testify, the electoral board shall at once file a
petition | 24 |
| 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 | 26 |
| facts, of
such knowing refusal or neglect, and accompanying the |
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| petition with a
copy of the citation and the answer, if one has | 2 |
| been filed, together
with a copy of the subpoena and the return | 3 |
| of service thereon, and shall
apply for an order of court | 4 |
| requiring such person to attend and testify,
and forthwith | 5 |
| produce books and papers, before the electoral board. Any
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| circuit court of the state, excluding the judge who is sitting | 7 |
| on the electoral
board, upon such showing shall order such | 8 |
| person to appear and testify,
and to forthwith produce such | 9 |
| books and papers, before the electoral board
at a place to be | 10 |
| fixed by the court. If such person shall knowingly fail
or | 11 |
| refuse to obey such order of the court without lawful excuse, | 12 |
| the court
shall punish him or her by fine and imprisonment, as | 13 |
| the nature of the case
may require and may be lawful in cases | 14 |
| of contempt of court.
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| The electoral board on the first day of its meeting shall | 16 |
| adopt rules
of procedure for the introduction of evidence and | 17 |
| the presentation of
arguments and may, in its discretion, | 18 |
| provide for the filing of briefs
by the parties to the | 19 |
| objection or by other interested persons.
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| In the event of a State Electoral Board hearing on | 21 |
| objections to a
petition for an amendment to Article IV of the | 22 |
| Constitution
pursuant to Section 3 of Article XIV of the | 23 |
| Constitution, or to a
petition for a question of public policy | 24 |
| to be submitted to the
voters of the entire State, the | 25 |
| certificates of the county clerks and boards
of election | 26 |
| commissioners showing the results of the random sample of
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| signatures on the petition shall be prima facie valid and | 2 |
| accurate, and
shall be presumed to establish the number of | 3 |
| valid and invalid
signatures on the petition sheets reviewed in | 4 |
| the random sample, as prescribed
in Section 28-11 and 28-12 of | 5 |
| this Code. Either party, however, may introduce
evidence at | 6 |
| such hearing to dispute the findings as to particular | 7 |
| signatures.
In addition to the foregoing, in the absence of | 8 |
| competent evidence presented
at such hearing by a party | 9 |
| substantially challenging the results of a random
sample, or | 10 |
| showing a different result obtained by an additional sample,
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| this certificate of a county clerk or board of election | 12 |
| commissioners shall
be presumed to establish the ratio of valid | 13 |
| to invalid signatures within
the particular election | 14 |
| jurisdiction.
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| The electoral board shall take up the question as to | 16 |
| whether or not
the certificate of nomination or nomination | 17 |
| papers or petitions are in
proper form, and whether or not they | 18 |
| were filed within the time and
under the conditions required by | 19 |
| law, and whether or not they are the
genuine certificate of | 20 |
| nomination or nomination papers or petitions
which they purport | 21 |
| to be, and whether or not in the case of the
certificate of | 22 |
| nomination in question it represents accurately the
decision of | 23 |
| the caucus or convention issuing it, and in general shall
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| decide whether or not the certificate of nomination or | 25 |
| nominating papers
or petitions on file are valid or whether the | 26 |
| 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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