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90_SR0028
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1 SENATE RESOLUTION
2 RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
3 OF THE STATE OF ILLINOIS, that the Rules of the Senate of the
4 State of Illinois are amended by changing Rules 11-4 and 11-5
5 as follows:
6 (Senate Rule 11-4)
7 11-4. Contests and Challenges--Due Process.
8 (a) Election contests and challenges shall be heard and
9 determined as expeditiously as possible under adversary
10 procedures wherein each party to the proceedings has a
11 reasonable opportunity to present his or her claim, any
12 defense and arguments, and to respond to those of his or her
13 opponents. All parties may be represented by counsel.
14 (b) Election contests and qualifications challenges
15 shall be heard and determined in accordance with the
16 applicable provisions of the Election Code and other Illinois
17 statutes, the Illinois Constitution of 1970 and the United
18 States Constitution. Judicial decisions which bear on a
19 point of law in a contest or challenge shall be admissible in
20 the arguments of the parties and the deliberations and
21 decisions of the committee. Judicial decisions applicable to
22 a point of law or to a fact situation to the committee shall
23 be given weight as precedent.
24 (c) (b) In addition to notice of meetings required under
25 these Rules, the committee and any subcommittee shall give
26 notice to all parties reasonably in advance of each meeting
27 or other proceeding. The committee shall also give notice of
28 all rules, timetables or deadlines adopted by the committee.
29 Notice under this subsection shall be in writing and shall be
30 given either personally with receipt, or by certified mail
31 (return receipt requested) addressed to the party at his or
32 her place of residence and to his or her attorney of record
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1 at his or her office if so requested by the party.
2 (Source: SR 2, 90th G.A.)
3 (Senate Rule 11-5)
4 11-5. Committee Proceedings and Powers in Contests and
5 Challenges.
6 (a) All proceedings of the committee and any
7 subcommittees concerning election contests and qualifications
8 challenges shall be transcribed by a certified court
9 reporter. Copies of the transcript shall be made available
10 to the members of the committee and to the parties.
11 (b) The committee may make recommendations to the Senate
12 and may limit the issues to be determined in a contest or
13 challenge, except that where a recount is conducted in an
14 election contest, any precinct timely requested by any party
15 to be recounted shall be recounted by the committee. The
16 Senate may dismiss an election contest or qualifications
17 challenge, or may determine to proceed to a recount or other
18 inquiry.
19 (c) In conducting inquiries, investigations and recounts
20 in election contests and qualifications challenges, the
21 committee shall have the power to send for and compel the
22 attendance of witnesses and the production of books, papers,
23 ballots, documents and records, by subpoena signed by the
24 Chairperson of the committee as provided by law. In
25 conducting proceedings in election contests and
26 qualifications challenges, the Chairperson of the committee
27 and the Chairperson of any subcommittee may administer oaths
28 to witnesses, as provided by law, and for this purpose a
29 subcommittee shall be deemed to be a committee of the Senate.
30 (d) The committee may issue commissions by its
31 Chairperson to any officer authorized to take depositions of
32 any necessary witnesses as may be permitted by law. In
33 recounting the ballots in any election contest, however, no
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1 person other than a member of the committee shall handle any
2 ballots, tally sheets, or other election materials without
3 the consent of the committee or subcommittee. The
4 responsibility for the actual recounting of ballots may not
5 be delegated.
6 (e) The committee shall maintain an accurate and
7 complete record of proceedings in every election contest and
8 qualifications challenge. Such record shall include all
9 notices and pleadings, the transcripts, and roll call votes,
10 all reports and dissents, and all documents which were
11 admitted into the proceeding. The committee shall file the
12 record with the Secretary of the Senate upon the adoption of
13 its final report. The record shall then be available for
14 examination in the Secretary's office.
15 (f) With the approval of the President, the committee
16 may employ clerks, stenographers, court reporters,
17 professional staff and messengers.
18 (Source: SR 2, 90th G.A.)