Section 125.710  Advisory Opinions

a)         An advisory opinion may be requested from the State Board of Elections by any of the following:

1)         a member of the Board;

2)         any county clerk or chairman or presiding officer of an election authority or any legal representative acting on their behalf;

3)         any local election official or any legal representative acting on their behalf;

4)         With respect to any issues concerning "An Act to Regulate Campaign Financing" (Ill. Rev. Stat. 1981, ch. 46, pars. 9-1 et seq.).  Any candidate for public office or the chairman or treasurer of any campaign committee which is, or may be required to file any Campaign Disclosure reports.

b)         The request must be submitted in writing to the General Counsel and shall set forth:  (i) the specific facts, activity or transaction that the requesting party is, or intends to undertake, and (ii) the specific issues (including any applicable statutes or rules) on which the requesting party seeks an advisory opinion.

1)         Requests presenting general questions of interpretation, hypothetical questions, or matter relating to activities of third parties shall not qualify as requests for an advisory opinion.

2)         Advisory opinions shall be limited to those issues which are deemed to be of significant overall importance in the implementation and enforcement of the Election Laws.  Issues of significant overall importance shall be determined on a case by case basis and shall include but not be limited to issues which raise questions concerning the interpretation and application of election related law that may have general application to elections throughout the State and the determinations of which may serve as future precedent for similar situations and circumstances.  Issuance of any advisory opinion shall at all times be discretionary with the Board.

c)         The General Counsel shall review all requests for advisory opinions and if the General Counsel determines that the request is incomplete or does not otherwise qualify under paragraph (b) above, he shall within 14 days of the receipt of such request, notify the requesting party and specify any deficiencies in such request.  The requesting party may appeal any such determination by the General Counsel directly to the Board.

d)         If the General Counsel determines that the request may qualify for an advisory opinion, or if the Board overrules the determination by the General Counsel pursuant to paragraph (c) above, then the request shall be referred to any appropriate divisions within the State Board of Elections for review and written comment.  Such written comment shall be directed to the General Counsel, and the General Counsel shall in turn review and provide written comment on the request to the Board.  The General Counsel shall also advise the legal representative of the party making the request for opinion that such a request has been made to the Board.

e)

1)         Within sixty (60) days after a request is received which qualifies for an advisory opinion, the Board shall issue to the requesting party either:

A)        a written advisory opinion, or;

B)        a statement that the Board declines to issue an advisory opinion.

2)         An advisory opinion shall be issued only upon the affirmative vote of five (5) members of the Board.

f)          An advisory opinion rendered by the Board may be relied upon by:

1)         the requesting party;

2)         Any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered, and;

3)         any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which advisory opinion is rendered.

g)         Nothing contained herein shall preclude the distribution by the Board or any of its staff of information consistent with the Election Laws, any prior opinions of the Board, and any relevant federal or state case law.

h)         A copy of each advisory opinion shall be sent to the requesting party and to all election authorities.  (Ill. Rev. Stat. 1981, ch. 46, par. 1-3(8)).  In addition, a copy of the advisory opinion shall be sent to any legal representatives of the requesting party and the election authority or local election official which made the request for opinion.

(Source:  Amended at 7 Ill. Reg. 15803, effective November 9, 1983)