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91_SB0352
LRB9104689MWgc
1 AN ACT to amend the Election Code by adding Section
2 10-8.5.
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 adding
6 Section 10-8.5 as follows:
7 (10 ILCS 5/10-8.5 new)
8 Sec. 10-8.5. Sufficiency of the number of signatures on
9 nominating petitions and petitions to submit a public
10 question.
11 (a) Each nominating petition for a candidate whose name
12 is subject to certification under Section 7-13.1, 7-14, 8-10,
13 or 10-15 for placement on the ballot and each petition to
14 submit a public question to a referendum subject to
15 certification under Section 28-5 shall within 5 business days
16 of filing be examined by the election authority or local
17 election official in whose office the petition was filed to
18 determine whether the requisite minimum number of signatures
19 required by this Code or another statute have been submitted.
20 (b) If, after an examination of the petition, the
21 election authority or local election official determines that
22 the petition does not contain the minimum number of
23 signatures required by this Code or another statute, the
24 election authority or local election official shall notify
25 the candidate or principal proponent of the public question
26 in writing that the petition does not contain the minimum
27 number of signatures. The notice shall inform the candidate
28 or principal proponent that the election authority or local
29 election official will be conducting an informal hearing
30 before the appropriate electoral board to decide solely
31 whether or not the petitions contain the minimum number of
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1 signatures to certify the name of the candidate or the public
2 question to be placed upon the official ballot, and shall
3 inform the candidate or principal proponent that he or she
4 has the right to appear before the appropriate electoral
5 board at the hearing. The notice shall be sent by certified
6 mail by the election authority or local election official
7 within 5 business days following the last day for the filing
8 of the petitions or public question and shall be addressed to
9 the candidate or principal proponent of the public question
10 at the address listed on the candidate's statement of
11 candidacy or proponent's statement. Service shall be deemed
12 complete when the notice is sent by certified mail to the
13 address listed on the candidate's statement of candidacy or
14 proponent's statement.
15 (c) Before the date set for its certification for the
16 appropriate election, the appropriate electoral board shall
17 conduct an informal hearing solely to determine whether the
18 petitions contain the requisite number of signatures. No
19 other issues concerning the validity of the petitions shall
20 be decided at the informal hearing. Candidates or proponents
21 so notified shall have the right to appear before the
22 electoral board at the hearing, to present evidence and
23 argument why the petitions contain the minimum requisite
24 number of signatures and to be represented by counsel of his
25 or her choice and at his or her expense at the hearing. If
26 upon conclusion of the informal hearing the electoral board
27 determines that the petition does not contain the minimum
28 requisite number of signatures, the petition shall be deemed
29 invalid and the electoral board shall not recommend
30 certification of the candidates or the public policy question
31 for which the petitions were deemed invalid to the election
32 authority or local election official. The decision of the
33 Board shall be in writing, shall state the underlying reasons
34 supporting the decision, and shall be served upon the
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1 candidate or proponent either personally or by certified
2 mail. Any candidate or proponent adversely affected by the
3 electoral board's decision may secure judicial review of the
4 decision in the circuit court in the same manner as provided
5 in Section 10-10.1 of this Code.
6 (d) If objections are filed to the petition, the
7 provisions of this Section do not apply if the objections
8 raise the issue of the requisite number of signatures.