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91_HB0525eng HB0525 Engrossed LRB9102501MWmg 1 AN ACT to amend the Election Code by changing Section 2 10-10. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Election Code is amended by changing 6 Section 10-10 as follows: 7 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10) 8 Sec. 10-10. Within 24 hours after the receipt of the 9 certificate of nomination or nomination papers or proposed 10 question of public policy, as the case may be, and the 11 objector's petition, the chairman of the electoral board 12 other than the State Board of Elections shall send a call by 13 registered or certified mail to each of the members of the 14 electoral board, and to the objector who filed the objector's 15 petition, and either to the candidate whose certificate of 16 nomination or nomination papers are objected to or to the 17 principal proponent or attorney for proponents of a question 18 of public policy, as the case may be, whose petitions are 19 objected to, and shall also cause the sheriff of the county 20 or counties in which such officers and persons reside to 21 serve a copy of such call upon each of such officers and 22 persons, which call shall set out the fact that the electoral 23 board is required to meet to hear and pass upon the 24 objections to nominations made for the office, designating 25 it, and shall state the day, hour and place at which the 26 electoral board shall meet for the purpose, which place shall 27 be in the county court house in the county in the case of the 28 County Officers Electoral Board, the Municipal Officers 29 Electoral Board, the Township Officers Electoral Board or the 30 Education Officers Electoral Board. The Township Officers 31 Electoral Board may meet in the township offices, if they are HB0525 Engrossed -2- LRB9102501MWmg 1 available, rather than the county courthouse. In those 2 cases where the State Board of Elections is the electoral 3 board designated under Section 10-9, the chairman of the 4 State Board of Elections shall, within 24 hours after the 5 receipt of the certificate of nomination or nomination papers 6 or petitions for a proposed amendment to Article IV of the 7 Constitution or proposed statewide question of public policy, 8 send a call by registered or certified mail to the objector 9 who files the objector's petition, and either to the 10 candidate whose certificate of nomination or nomination 11 papers are objected to or to the principal proponent or 12 attorney for proponents of the proposed Constitutional 13 amendment or statewide question of public policy and shall 14 state the day, hour and place at which the electoral board 15 shall meet for the purpose, which place may be in the Capitol 16 Building or in the principal or permanent branch office of 17 the State Board. The day of the meeting shall not be less 18 than 3 nor more than 5 days after the receipt of the 19 certificate of nomination or nomination papers and the 20 objector's petition by the chairman of the electoral board. 21 The electoral board shall have the power to administer 22 oaths and to subpoena and examine witnesses and at the 23 request of either party the chairman may issue subpoenas 24 requiring the attendance of witnesses and subpoenas duces 25 tecum requiring the production of such books, papers, records 26 and documents as may be evidence of any matter under inquiry 27 before the electoral board, in the same manner as witnesses 28 are subpoenaed in the Circuit Court. 29 Service of such subpoenas shall be made by any sheriff or 30 other person in the same manner as in cases in such court and 31 the fees of such sheriff shall be the same as is provided by 32 law, and shall be paid by the objector or candidate who 33 causes the issuance of the subpoena. In case any person so 34 served shall knowingly neglect or refuse to obey any such HB0525 Engrossed -3- LRB9102501MWmg 1 subpoena, or to testify, the electoral board shall at once 2 file a petition in the circuit court of the county in which 3 such hearing is to be heard, or has been attempted to be 4 heard, setting forth the facts, of such knowing refusal or 5 neglect, and accompanying the petition with a copy of the 6 citation and the answer, if one has been filed, together with 7 a copy of the subpoena and the return of service thereon, and 8 shall apply for an order of court requiring such person to 9 attend and testify, and forthwith produce books and papers, 10 before the electoral board. Any circuit court of the state, 11 excluding the judge who is sitting on the electoral board, 12 upon such showing shall order such person to appear and 13 testify, and to forthwith produce such books and papers, 14 before the electoral board at a place to be fixed by the 15 court. If such person shall knowingly fail or refuse to obey 16 such order of the court without lawful excuse, the court 17 shall punish him or her by fine and imprisonment, as the 18 nature of the case may require and may be lawful in cases of 19 contempt of court. 20 The electoral board on the first day of its meeting shall 21 adopt rules of procedure for the introduction of evidence and 22 the presentation of arguments and may, in its discretion, 23 provide for the filing of briefs by the parties to the 24 objection or by other interested persons. 25 In the event of a State Electoral Board hearing on 26 objections to a petition for an amendment to Article IV of 27 the Constitution pursuant to Section 3 of Article XIV of the 28 Constitution, or to a petition for a question of public 29 policy to be submitted to the voters of the entire State, the 30 certificates of the county clerks and boards of election 31 commissioners showing the results of the random sample of 32 signatures on the petition shall be prima facie valid and 33 accurate, and shall be presumed to establish the number of 34 valid and invalid signatures on the petition sheets reviewed HB0525 Engrossed -4- LRB9102501MWmg 1 in the random sample, as prescribed in Section 28-11 and 2 28-12 of this Code. Either party, however, may introduce 3 evidence at such hearing to dispute the findings as to 4 particular signatures. In addition to the foregoing, in the 5 absence of competent evidence presented at such hearing by a 6 party substantially challenging the results of a random 7 sample, or showing a different result obtained by an 8 additional sample, this certificate of a county clerk or 9 board of election commissioners shall be presumed to 10 establish the ratio of valid to invalid signatures within the 11 particular election jurisdiction. 12 The electoral board shall take up the question as to 13 whether or not the certificate of nomination or nomination 14 papers or petitions are in proper form, and whether or not 15 they were filed within the time and under the conditions 16 required by law, and whether or not they are the genuine 17 certificate of nomination or nomination papers or petitions 18 which they purport to be, and whether or not in the case of 19 the certificate of nomination in question it represents 20 accurately the decision of the caucus or convention issuing 21 it, and in general shall decide whether or not the 22 certificate of nomination or nominating papers or petitions 23 on file are valid or whether the objections thereto should be 24 sustained and the decision of a majority of the electoral 25 board shall be final subject to judicial review as provided 26 in Section 10-10.1. The electoral board must state its 27 findings in writing and must state in writing which 28 objections, if any, it has sustained. 29 Upon the expiration of the period within which a 30 proceeding for judicial review must be commenced under 31 Section 10--10.1, the electoral board shall, unless a 32 proceeding for judicial review has been commenced within such 33 period, transmit, by registered or certified mail, a 34 certified copy of its ruling, together with the original HB0525 Engrossed -5- LRB9102501MWmg 1 certificate of nomination or nomination papers or petitions 2 and the original objector's petition, to the officer or board 3 with whom the certificate of nomination or nomination papers 4 or petitions, as objected to, were on file, and such officer 5 or board shall abide by and comply with the ruling so made to 6 all intents and purposes. 7 (Source: P.A. 85-293; 86-1348.)