HB1853 97TH GENERAL ASSEMBLY

LRB097 07065 HLH 47158 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1853

Introduced , by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

10 ILCS 5/10-8

from Ch. 46, par. 10-8

Amends the Election Code. With respect to objector's petitions, requires that (i) 2 copies (now, one copy) must be filed with the petition, (ii) the petition shall not be accepted for filing without the 2 copies, and (iii) challenges to signatures must include recapitulation sheets that refer to the page and line numbers of the signatures. Permits an electoral board to examine a randomly selected sample of the signatures. Makes other changes.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 10-8 as follows:

(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)

Sec. 10-8. Certificates of nomination and nomination papers, and petitions to submit public questions to a referendum, being filed as required by this Code, and being in apparent conformity with the provisions of this Act, shall be deemed to be valid unless objection thereto is duly made in writing within 5 business days after the last day for filing the certificate of nomination or nomination papers or petition for a public question, with the following exceptions:

A. In the case of petitions to amend Article IV of the Constitution of the State of Illinois, there shall be a period of 35 business days after the last day for the filing of such petitions in which objections can be filed.

B. In the case of petitions for advisory questions of public policy to be submitted to the voters of the entire State, there shall be a period of 35 business days after the last day for the filing of such petitions in which objections can be filed.

Any legal voter of the political subdivision or district in which the candidate or public question is to be voted on, or any legal voter in the State in the case of a proposed amendment to Article IV of the Constitution or an advisory public question to be submitted to the voters of the entire State, having objections to any certificate of nomination or nomination papers or petitions filed, shall file an objector's petition together with 2 copies a copy thereof in the principal office or the permanent branch office of the State Board of Elections, or in the office of the election authority or local election official with whom the certificate of nomination, nomination papers or petitions are on file; objector's petitions that are not accompanied by 2 copies thereof shall not be accepted by those offices. In the case of nomination papers or certificates of nomination, the State Board of Elections, election authority or local election official shall note the day and hour upon which such objector's petition is filed. Not , and shall, not later than 12:00 noon on the second business day following the last day to file objections after receipt of the petition, the State Board of Elections, election authority, or local election official shall transmit by registered mail or receipted personal delivery the certificate of nomination or nomination papers and the original objector's petition to the chairman of the proper electoral board designated in Section 10-9 hereof, or his authorized agent, and shall transmit a copy by registered mail or receipted personal delivery of the objector's petition, to the candidate whose certificate of nomination or nomination papers are objected to, addressed to the place of residence designated in said certificate of nomination or nomination papers. In the case of objections to a petition for a proposed amendment to Article IV of the Constitution or for an advisory public question to be submitted to the voters of the entire State, the State Board of Elections shall note the day and hour upon which such objector's petition is filed and shall transmit a copy of the objector's petition by registered mail or receipted personal delivery to the person designated on a certificate attached to the petition as the principal proponent of such proposed amendment or public question, or as the proponents' attorney, for the purpose of receiving notice of objections. In the case of objections to a petition for a public question, to be submitted to the voters of a political subdivision, or district thereof, the election authority or local election official with whom such petition is filed shall note the day and hour upon which such objector's petition was filed, and shall, not later than 12:00 noon on the second business day following the last day to file objections after receipt of the petition, transmit by registered mail or receipted personal delivery the petition for the public question and the original objector's petition to the chairman of the proper electoral board designated in Section 10-9 hereof, or his authorized agent, and shall transmit a copy by registered mail or receipted personal delivery, of the objector's petition to the person designated on a certificate attached to the petition as the principal proponent of the public question, or as the proponent's attorney, for the purposes of receiving notice of objections.

The objector's petition shall give the objector's name and residence address, and shall state fully the nature of the objections to the certificate of nomination or nomination papers or petitions in question, and shall state the interest of the objector and shall state what relief is requested of the electoral board. If the objection challenges the validity of specific signatures, the objector's petition shall include recapitulation sheets indicating the specific page and line number on which the challenged signature is located and specifying the basis of the objection. Each recapitulation sheet shall be in substantially the following form:

Candidate Office Sheet Number

A mark, such as an "x" or "v", indicates that the signature on the designated sheet and line is objected to for the reasons set forth above the column in which the identifying mark appears, in accordance with the Objector's Petition, of which this Appendix-Recapitulation is made a part.

-- -- The mandated use of this form shall not preclude an objector from making objections to the qualifications of a circulator or the manner in which the petition was circulated or notarized. Such circulator or notarization objections may be included on the recapitulation form. Use of the recapitulation form shall not preclude an opposing party from challenging the sufficiency of the objector's petition when it is shown by such party that the objection appears on its face to have been filed without the objector first conducting a diligent examination of the challenged signatures to determine whether they are indeed invalid. In the event such a challenge is raised, in the form of a motion to strike or otherwise, the electoral board may conduct an examination of a randomly selected sample of no less than 20% of the challenged signatures to determine whether a sufficient number of signatures in the sample are valid or invalid, thereby determining whether a complete examination of all the challenged signatures is necessary. If, following the examination of a randomly selected 20% sample of challenged signatures, the number of sustained challenges is no greater than 35% of the total number of challenged signatures, the electoral board may suspend the records examination and order the objector to appear before the board and show cause as to why the objection should not be dismissed; this provision does not apply to objections to a candidate's nomination petition for an office with a petition signature requirement of fewer than 500.

The provisions of this Section and of Sections 10-9, 10-10 and 10-10.1 shall also apply to and govern objections to petitions for nomination filed under Article 7 or Article 8, except as otherwise provided in Section 7-13 for cases to which it is applicable, and also apply to and govern petitions for the submission of public questions under Article 28.

(Source: P.A. 86-1348.)