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Full Text of HB2472  100th General Assembly

HB2472 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2472

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/10-9  from Ch. 46, par. 10-9
10 ILCS 5/10-10  from Ch. 46, par. 10-10
65 ILCS 5/7-7-11  from Ch. 24, par. 7-7-11

    Amends the Election Code. Abolishes municipal officers electoral boards, township officers electoral boards, and education officers electoral boards and transfers their duties to the county officers electoral board of counties with a population of less than 3,000,000. Provides that if a municipality, township, or community college district is located in 2 or more counties, including a county with a population of 3,000,000 or more, the county officers electoral board of the county in which the principal office of the municipality, township, or community college district is located shall hear and pass upon objections to nominations of candidates. Makes conforming changes. Amends the Illinois Municipal Code to make a conforming change.


LRB100 09877 MLM 20048 b

 

 

A BILL FOR

 

HB2472LRB100 09877 MLM 20048 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 10-9 and 10-10 as follows:
 
6    (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
7    Sec. 10-9. The following electoral boards are designated
8for the purpose of hearing and passing upon the objector's
9petition described in Section 10-8.
10        1. The State Board of Elections will hear and pass upon
11    objections to the nominations of candidates for State
12    offices, nominations of candidates for congressional or
13    legislative offices that are in more than one county or are
14    wholly located within a single county with a population of
15    less than 3,000,000 and judicial offices of districts,
16    subcircuits, or circuits situated in more than one county,
17    nominations of candidates for the offices of State's
18    attorney or regional superintendent of schools to be
19    elected from more than one county, and petitions for
20    proposed amendments to the Constitution of the State of
21    Illinois as provided for in Section 3 of Article XIV of the
22    Constitution.
23        2. The county officers electoral board of a county with

 

 

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1    a population of less than 3,000,000 to hear and pass upon
2    objections to the nominations of candidates for county
3    offices and judicial offices of a district, subcircuit, or
4    circuit coterminous with or less than a county, for any
5    school district offices, for the office of multi-township
6    assessor where candidates for such office are nominated in
7    accordance with this Code, for officers of municipalities,
8    for township officers, for offices in community college
9    districts, and for all special district offices, shall be
10    composed of the county clerk, or an assistant designated by
11    the county clerk, the State's attorney of the county or an
12    Assistant State's Attorney designated by the State's
13    Attorney, and the clerk of the circuit court, or an
14    assistant designated by the clerk of the circuit court, of
15    the county, of whom the county clerk or his designee shall
16    be the chairman, except that in any county which has
17    established a county board of election commissioners that
18    board shall constitute the county officers electoral board
19    ex-officio. If a school district, municipality, township,
20    or community college district is located in 2 or more
21    counties, the county officers electoral board of the county
22    in which the principal office of the school district,
23    municipality, township, or community college district is
24    located shall hear and pass upon objections to nominations
25    of candidates for school district office in that school
26    district, municipality, township, or community college

 

 

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1    district.
2        2.5. The county officers electoral board of a county
3    with a population of 3,000,000 or more to hear and pass
4    upon objections to the nominations of candidates for county
5    offices, candidates for congressional and legislative
6    offices if the district is wholly within a county with a
7    population of 3,000,000 or more, unless the district is
8    wholly or partially within the jurisdiction of a municipal
9    board of election commissioners, and judicial offices of a
10    district, subcircuit, or circuit coterminous with or less
11    than a county, for any school district offices, for the
12    office of multi-township assessor where candidates for
13    such office are nominated in accordance with this Code, and
14    for all special district offices, shall be composed of the
15    county clerk, or an assistant designated by the county
16    clerk, the State's Attorney of the county or an Assistant
17    State's Attorney designated by the State's Attorney, and
18    the clerk of the circuit court, or an assistant designated
19    by the clerk of the circuit court, of the county, of whom
20    the county clerk or his designee shall be the chairman,
21    except that, in any county which has established a county
22    board of election commissioners, that board shall
23    constitute the county officers electoral board ex-officio.
24    If a school district, municipality, township, or community
25    college district is located in 2 or more counties, the
26    county officers electoral board of the county in which the

 

 

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1    principal office of the school district, municipality,
2    township, or community college district is located shall
3    hear and pass upon objections to nominations of candidates
4    for school district office in that school district,
5    municipality, township, or community college district.
6        3. (Blank). The municipal officers electoral board to
7    hear and pass upon objections to the nominations of
8    candidates for officers of municipalities shall be
9    composed of the mayor or president of the board of trustees
10    of the city, village or incorporated town, and the city,
11    village or incorporated town clerk, and one member of the
12    city council or board of trustees, that member being
13    designated who is eligible to serve on the electoral board
14    and has served the greatest number of years as a member of
15    the city council or board of trustees, of whom the mayor or
16    president of the board of trustees shall be the chairman.
17        4. (Blank). The township officers electoral board to
18    pass upon objections to the nominations of township
19    officers shall be composed of the township supervisor, the
20    town clerk, and that eligible town trustee elected in the
21    township who has had the longest term of continuous service
22    as town trustee, of whom the township supervisor shall be
23    the chairman.
24        5. (Blank). The education officers electoral board to
25    hear and pass upon objections to the nominations of
26    candidates for offices in community college districts

 

 

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1    shall be composed of the presiding officer of the community
2    college district board, who shall be the chairman, the
3    secretary of the community college district board and the
4    eligible elected community college board member who has the
5    longest term of continuous service as a board member.
6        6. In all cases, however, where the Congressional,
7    Legislative, or Representative district is wholly or
8    partially within the jurisdiction of a single municipal
9    board of election commissioners in Cook County and in all
10    cases where the school district or special district is
11    wholly within the jurisdiction of a municipal board of
12    election commissioners and in all cases where the
13    municipality or township is wholly or partially within the
14    jurisdiction of a municipal board of election
15    commissioners, the board of election commissioners shall
16    ex-officio constitute the electoral board.
17    For special districts situated in more than one county, the
18county officers electoral board of the county in which the
19principal office of the district is located has jurisdiction to
20hear and pass upon objections. For purposes of this Section,
21"special districts" means all political subdivisions other
22than counties, municipalities, townships and school and
23community college districts.
24    In the event that any member of the county electoral board
25is a candidate for the office with relation to which the
26objector's petition is filed, he or she shall not be eligible

 

 

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1to serve on that board and shall not act as a member of the
2board and he or she shall be replaced by the county treasurer,
3and if he or she is ineligible to serve, by the sheriff of the
4county. In the event that any member of the appropriate board
5is a candidate for the office with relation to which the
6objector's petition is filed, he shall not be eligible to serve
7on that board and shall not act as a member of the board and his
8place shall be filled as follows:
9        a. In the county officers electoral board by the county
10    treasurer, and if he or she is ineligible to serve, by the
11    sheriff of the county.
12        b. In the municipal officers electoral board by the
13    eligible elected city council or board of trustees member
14    who has served the second greatest number of years as a
15    city council or board of trustees member.
16        c. In the township officers electoral board by the
17    eligible elected town trustee who has had the second
18    longest term of continuous service as a town trustee.
19        d. In the education officers electoral board by the
20    eligible elected community college district board member
21    who has had the second longest term of continuous service
22    as a board member.
23    In the event that the chairman of the electoral board is
24ineligible to act because of the fact that he or she is a
25candidate for the office with relation to which the objector's
26petition is filed, then the substitute chosen under the

 

 

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1provisions of this Section shall be the chairman; In this case,
2the officer or board with whom the objector's petition is
3filed, shall transmit the certificate of nomination or
4nomination papers as the case may be, and the objector's
5petition to the substitute chairman of the electoral board.
6    When 2 or more eligible individuals, by reason of their
7terms of service on a city council or board of trustees,
8township board of trustees, or community college district
9board, qualify to serve on an electoral board, the one to serve
10shall be chosen by lot.
11    Any vacancies on an electoral board not otherwise filled
12pursuant to this Section shall be filled by public members
13appointed by the Chief Judge of the Circuit Court for the
14county wherein the electoral board hearing is being held upon
15notification to the Chief Judge of such vacancies. The Chief
16Judge shall be so notified by a member of the electoral board
17or the officer or board with whom the objector's petition was
18filed. In the event that none of the individuals designated by
19this Section to serve on the electoral board are eligible, the
20chairman of an electoral board shall be designated by the Chief
21Judge.
22(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
 
23    (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
24    Sec. 10-10. Within 24 hours after the receipt of the
25certificate of nomination or nomination papers or proposed

 

 

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1question of public policy, as the case may be, and the
2objector's petition, the chairman of the electoral board other
3than the State Board of Elections shall send a call by
4registered or certified mail to each of the members of the
5electoral board, and to the objector who filed the objector's
6petition, and either to the candidate whose certificate of
7nomination or nomination papers are objected to or to the
8principal proponent or attorney for proponents of a question of
9public policy, as the case may be, whose petitions are objected
10to, and shall also cause the sheriff of the county or counties
11in which such officers and persons reside to serve a copy of
12such call upon each of such officers and persons, which call
13shall set out the fact that the electoral board is required to
14meet to hear and pass upon the objections to nominations made
15for the office, designating it, and shall state the day, hour
16and place at which the electoral board shall meet for the
17purpose, which place shall be in the county court house in the
18county in the case of the County Officers Electoral Board, the
19Municipal Officers Electoral Board, the Township Officers
20Electoral Board or the Education Officers Electoral Board,
21except that the Municipal Officers Electoral Board, the
22Township Officers Electoral Board, and the Education Officers
23Electoral Board may meet at the location where the governing
24body of the municipality, township, or community college
25district, respectively, holds its regularly scheduled
26meetings, if that location is available; provided that voter

 

 

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1records may be removed from the offices of an election
2authority only at the discretion and under the supervision of
3the election authority. In those cases where the State Board of
4Elections is the electoral board designated under Section 10-9,
5the chairman of the State Board of Elections shall, within 24
6hours after the receipt of the certificate of nomination or
7nomination papers or petitions for a proposed amendment to
8Article IV of the Constitution or proposed statewide question
9of public policy, send a call by registered or certified mail
10to the objector who files the objector's petition, and either
11to the candidate whose certificate of nomination or nomination
12papers are objected to or to the principal proponent or
13attorney for proponents of the proposed Constitutional
14amendment or statewide question of public policy and shall
15state the day, hour, and place at which the electoral board
16shall meet for the purpose, which place may be in the Capitol
17Building or in the principal or permanent branch office of the
18State Board. The day of the meeting shall not be less than 3
19nor more than 5 days after the receipt of the certificate of
20nomination or nomination papers and the objector's petition by
21the chairman of the electoral board.
22    The electoral board shall have the power to administer
23oaths and to subpoena and examine witnesses and, at the request
24of either party and only upon a vote by a majority of its
25members, may authorize the chairman to issue subpoenas
26requiring the attendance of witnesses and subpoenas duces tecum

 

 

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1requiring the production of such books, papers, records and
2documents as may be evidence of any matter under inquiry before
3the electoral board, in the same manner as witnesses are
4subpoenaed in the Circuit Court.
5    Service of such subpoenas shall be made by any sheriff or
6other person in the same manner as in cases in such court and
7the fees of such sheriff shall be the same as is provided by
8law, and shall be paid by the objector or candidate who causes
9the issuance of the subpoena. In case any person so served
10shall knowingly neglect or refuse to obey any such subpoena, or
11to testify, the electoral board shall at once file a petition
12in the circuit court of the county in which such hearing is to
13be heard, or has been attempted to be heard, setting forth the
14facts, of such knowing refusal or neglect, and accompanying the
15petition with a copy of the citation and the answer, if one has
16been filed, together with a copy of the subpoena and the return
17of service thereon, and shall apply for an order of court
18requiring such person to attend and testify, and forthwith
19produce books and papers, before the electoral board. Any
20circuit court of the state, excluding the judge who is sitting
21on the electoral board, upon such showing shall order such
22person to appear and testify, and to forthwith produce such
23books and papers, before the electoral board at a place to be
24fixed by the court. If such person shall knowingly fail or
25refuse to obey such order of the court without lawful excuse,
26the court shall punish him or her by fine and imprisonment, as

 

 

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1the nature of the case may require and may be lawful in cases
2of contempt of court.
3    The electoral board on the first day of its meeting shall
4adopt rules of procedure for the introduction of evidence and
5the presentation of arguments and may, in its discretion,
6provide for the filing of briefs by the parties to the
7objection or by other interested persons.
8    In the event of a State Electoral Board hearing on
9objections to a petition for an amendment to Article IV of the
10Constitution pursuant to Section 3 of Article XIV of the
11Constitution, or to a petition for a question of public policy
12to be submitted to the voters of the entire State, the
13certificates of the county clerks and boards of election
14commissioners showing the results of the random sample of
15signatures on the petition shall be prima facie valid and
16accurate, and shall be presumed to establish the number of
17valid and invalid signatures on the petition sheets reviewed in
18the random sample, as prescribed in Section 28-11 and 28-12 of
19this Code. Either party, however, may introduce evidence at
20such hearing to dispute the findings as to particular
21signatures. In addition to the foregoing, in the absence of
22competent evidence presented at such hearing by a party
23substantially challenging the results of a random sample, or
24showing a different result obtained by an additional sample,
25this certificate of a county clerk or board of election
26commissioners shall be presumed to establish the ratio of valid

 

 

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1to invalid signatures within the particular election
2jurisdiction.
3    The electoral board shall take up the question as to
4whether or not the certificate of nomination or nomination
5papers or petitions are in proper form, and whether or not they
6were filed within the time and under the conditions required by
7law, and whether or not they are the genuine certificate of
8nomination or nomination papers or petitions which they purport
9to be, and whether or not in the case of the certificate of
10nomination in question it represents accurately the decision of
11the caucus or convention issuing it, and in general shall
12decide whether or not the certificate of nomination or
13nominating papers or petitions on file are valid or whether the
14objections thereto should be sustained and the decision of a
15majority of the electoral board shall be final subject to
16judicial review as provided in Section 10-10.1. The electoral
17board must state its findings in writing and must state in
18writing which objections, if any, it has sustained. A copy of
19the decision shall be served upon the parties to the
20proceedings in open proceedings before the electoral board. If
21a party does not appear for receipt of the decision, the
22decision shall be deemed to have been served on the absent
23party on the date when a copy of the decision is personally
24delivered or on the date when a copy of the decision is
25deposited in the United States mail, in a sealed envelope or
26package, with postage prepaid, addressed to each party affected

 

 

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1by the decision or to such party's attorney of record, if any,
2at the address on record for such person in the files of the
3electoral board.
4    Upon the expiration of the period within which a proceeding
5for judicial review must be commenced under Section 10-10.1,
6the electoral board shall, unless a proceeding for judicial
7review has been commenced within such period, transmit, by
8registered or certified mail, a certified copy of its ruling,
9together with the original certificate of nomination or
10nomination papers or petitions and the original objector's
11petition, to the officer or board with whom the certificate of
12nomination or nomination papers or petitions, as objected to,
13were on file, and such officer or board shall abide by and
14comply with the ruling so made to all intents and purposes.
15(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78,
16eff. 7-20-15; 99-642, eff. 7-28-16.)
 
17    Section 10. The Illinois Municipal Code is amended by
18changing Section 7-7-11 as follows:
 
19    (65 ILCS 5/7-7-11)  (from Ch. 24, par. 7-7-11)
20    Sec. 7-7-11. Elections of Initial Officers of Consolidated
21Municipalities. (a) The day of the first election of officers
22of the consolidated municipality shall be the next consolidated
23election established pursuant to Section 2A-1.1 of The Election
24Code, as now or hereafter amended, following the consolidation

 

 

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1referendum. The day of the first primary election of officers
2of the consolidated municipality shall be the next consolidated
3primary election pursuant to Section 2A-1.1 of The Election
4Code, as now or hereafter amended, following the consolidation
5referendum.
6    (b) The first election of officers of the consolidated
7municipality shall be conducted in accordance with The Election
8Code, as now or hereafter amended, except that the duties of
9the local election official and boards set forth in The
10Election Code shall be performed by the officers designated in
11subsection (c) of this Section and the nominating petitions
12shall meet the requirements of subsection (d) of this Section.
13All elections after such first election of officers shall be
14conducted in accordance with The Election Code, as now or
15hereafter amended.
16    (c) For the first election of officers of the consolidated
17municipality, the municipal clerk of one of the consolidating
18municipalities in which the consolidation ordinance was
19approved by referendum, who shall be designated by the
20consolidation ordinance, shall perform the duties required of
21the local election official by The Election Code. For such
22first election of officers, the municipal clerks of all of the
23municipalities in which the consolidation ordinance was
24approved by referendum shall constitute an electoral board to
25perform the duties required of the municipal officers electoral
26board by The Election Code and shall also constitute a

 

 

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1canvassing board to perform the duties required of officers
2charged by The Election Code with the duties of canvassing
3returns.
4    (d) For the first election of officers of the consolidated
5municipality, with respect to the number of signatures required
6by The Election Code for nominating petitions for partisan
7candidates, the number of qualified primary electors in each
8consolidating municipality in which the consolidation
9ordinance was approved by referendum shall be added together to
10derive a sum which shall be deemed the number of qualified
11primary electors of the consolidated municipality. For such
12first election of officers, with respect to the number of
13signatures required by The Election Code for nominating
14petitions for independent candidates and candidates of newly
15formed political parties, the number of voters in each
16consolidating municipality in which the consolidation
17ordinance was approved by referendum who voted at the next
18preceding regular election in each consolidating municipality
19shall be added together to derive a sum which shall be deemed
20the number of persons voting in the next preceding election in
21which the consolidated municipality voted as a unit.
22    (e) The earliest date for circulation of nominating
23petitions for the first election of officers of the
24consolidated municipality and the filing date for such
25petitions shall be as established by The Election Code, as now
26or hereafter amended; provided, however, that nothing in The

 

 

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1Election Code or in this Code shall be construed as preventing
2the circulation of nominating petitions for such first election
3prior to the date of the consolidation referendum, so long as
4the requirements of The Election Code, as now or hereafter
5amended, relating to the earliest date for such circulation are
6otherwise met.
7(Source: P.A. 85-1159.)