Full Text of HB2636 98th General Assembly
HB2636ham001 98TH GENERAL ASSEMBLY | Rep. Robert F Martwick Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2636
| 2 | | AMENDMENT NO. ______. Amend House Bill 2636 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 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 | 8 | | for the
purpose of hearing and passing upon the objector's | 9 | | petition 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, | 13 | | legislative and judicial
offices of districts, | 14 | | subcircuits, or circuits situated in more than one county, | 15 | | nominations
of candidates for the offices of State's | 16 | | attorney or regional superintendent
of schools to be |
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| 1 | | elected from more than one county, and petitions for
| 2 | | proposed amendments to the Constitution of the State of | 3 | | Illinois as
provided for in Section 3 of Article XIV of the | 4 | | Constitution.
| 5 | | 2. The county officers electoral board to hear and pass | 6 | | upon
objections to the nominations of candidates for county | 7 | | offices,
for congressional, legislative and judicial | 8 | | offices of a district, subcircuit, or
circuit coterminous | 9 | | with or less than a county, for any school district offices | 10 | | trustees to be
voted for by the electors of the county or | 11 | | by the electors of a township of
the county , for the office | 12 | | of multi-township assessor where candidates for
such | 13 | | office are nominated in accordance with this Code, and for | 14 | | 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 is located in 2 or more counties, the | 25 | | county officers electoral board of the county in which the | 26 | | principal office of the school district is located shall |
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| 1 | | hear and pass upon objections to nominations of candidates | 2 | | school district offices of that school district.
| 3 | | 3. The municipal officers electoral board to hear and | 4 | | pass upon
objections to the nominations of candidates for | 5 | | officers of
municipalities shall be composed of the mayor | 6 | | or president of the board
of trustees of the city, village | 7 | | or incorporated town, and the city,
village or incorporated | 8 | | town clerk, and one member of the city council
or board of | 9 | | trustees, that member being designated who is eligible to
| 10 | | serve on the electoral board and has served the
greatest | 11 | | number of years as a member of the city council or board of
| 12 | | trustees, of whom the mayor or president of the board of | 13 | | trustees shall
be the chairman.
| 14 | | 4. The township officers electoral board to pass upon | 15 | | objections to
the nominations of township officers shall be | 16 | | composed of the township
supervisor, the town clerk, and | 17 | | that eligible town trustee elected in the
township who has | 18 | | had the longest term of continuous service as town
trustee, | 19 | | of whom the township supervisor shall be the chairman.
| 20 | | 5. The education officers electoral board to hear and | 21 | | pass upon
objections to the nominations of candidates for | 22 | | offices in school or
community college districts shall be | 23 | | composed of the presiding officer of
the school or | 24 | | community college district board, who shall be the | 25 | | chairman,
the secretary of the school or community college | 26 | | district board and the
eligible elected school or community |
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| 1 | | college board member who has the
longest term of continuous | 2 | | service as a board member.
| 3 | | 6. In all cases, however, where the Congressional, | 4 | | Legislative, or Representative
district is wholly or | 5 | | partially within the jurisdiction of a single municipal | 6 | | board of election
commissioners in Cook County and in all | 7 | | cases where the school district or special
district is | 8 | | wholly within the jurisdiction of a municipal board of
| 9 | | election commissioners and in all cases where the | 10 | | municipality or
township is wholly or partially within the | 11 | | jurisdiction of a municipal
board of election | 12 | | commissioners, the board of election commissioners
shall | 13 | | ex-officio constitute the electoral board.
| 14 | | For special districts situated in more than one county, the | 15 | | county officers
electoral board of the county in which the | 16 | | principal office of the district
is located has jurisdiction to | 17 | | hear and pass upon objections. For purposes
of this Section, | 18 | | "special districts" means all political subdivisions other
| 19 | | than counties, municipalities, townships and school and | 20 | | community college
districts.
| 21 | | In the event that any member of the appropriate board is a | 22 | | candidate
for the office with relation to which the objector's | 23 | | petition is filed,
he or she shall not be eligible to serve on | 24 | | that board and shall not act as
a member of the board and his | 25 | | place shall be filled as follows:
| 26 | | a. In the county officers electoral board by the county
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| 1 | | treasurer, and if he or she is ineligible to serve, by the | 2 | | sheriff of the
county.
| 3 | | b. In the municipal officers electoral board by the | 4 | | eligible
elected city council or board of trustees member | 5 | | who has served the second
greatest number of years as a | 6 | | city council or board of trustees member.
| 7 | | c. In the township officers electoral board by the | 8 | | eligible
elected town trustee who has had the second | 9 | | longest term of continuous service
as a town trustee.
| 10 | | d. In the education officers electoral board by the | 11 | | eligible
elected school or community college district | 12 | | board member who has had the
second longest term of | 13 | | continuous service as a board member.
| 14 | | In the event that the chairman of the electoral board is | 15 | | ineligible
to act because of the fact that he or she is a | 16 | | candidate for the office with
relation to which the objector's | 17 | | petition is filed, then the substitute
chosen under the | 18 | | provisions of this Section shall be the chairman; In
this case, | 19 | | the officer or board with whom the objector's petition is
| 20 | | filed, shall transmit the certificate of nomination or | 21 | | nomination papers
as the case may be, and the objector's | 22 | | petition to the substitute
chairman of the electoral board.
| 23 | | When 2 or more eligible individuals, by reason of their | 24 | | terms of service
on a city council or board of trustees, | 25 | | township board of
trustees, or school or community college | 26 | | district board, qualify to serve
on an electoral board, the one |
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| 1 | | to serve shall be chosen by lot.
| 2 | | Any vacancies on an electoral board not otherwise filled | 3 | | pursuant to this
Section shall be filled by public members | 4 | | appointed by the Chief Judge of
the Circuit Court for the | 5 | | county wherein the electoral board hearing is
being held upon | 6 | | notification to the Chief Judge of such
vacancies. The Chief | 7 | | Judge shall be so notified by a member of the electoral
board | 8 | | or the officer or board with whom the objector's petition was | 9 | | filed.
In the event that none of the individuals designated by | 10 | | this Section to
serve on the electoral board are eligible, the | 11 | | chairman of an electoral
board shall be designated by the Chief | 12 | | Judge.
| 13 | | (Source: P.A. 96-1008, eff. 7-6-10.)
| 14 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| 15 | | Sec. 10-10. Within 24 hours after the receipt of the | 16 | | certificate of
nomination or nomination papers or proposed | 17 | | question of public
policy, as the case may be, and the | 18 | | objector's petition, the chairman
of the electoral board other | 19 | | than the State Board of Elections shall
send a call by | 20 | | registered or certified mail to each of the members of the
| 21 | | electoral board, and to the objector who filed the objector's | 22 | | petition, and
either to the candidate whose certificate of | 23 | | nomination or nomination
papers are objected to or to the | 24 | | principal proponent or attorney for
proponents of a question of | 25 | | public policy, as the case may be, whose
petitions are objected |
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| 1 | | to, and shall also cause the sheriff of the county
or counties | 2 | | in which such officers and persons reside to serve a copy of
| 3 | | such call upon each of such officers and persons, which call | 4 | | shall set out
the fact that the electoral board is required to | 5 | | meet to hear and pass upon
the objections to nominations made | 6 | | for the office, designating it, and
shall state the day, hour | 7 | | and place at which the electoral board shall meet
for the | 8 | | purpose, which place shall be in the
county court house in the | 9 | | county in the case of the County Officers
Electoral Board, the | 10 | | Municipal Officers Electoral Board, the Township
Officers | 11 | | Electoral Board or the Education Officers Electoral Board, | 12 | | except that the Municipal Officers Electoral Board, the | 13 | | Township Officers Electoral Board, and the Education Officers | 14 | | Electoral Board may meet at the location where the governing | 15 | | body of the municipality, township, or school or community | 16 | | college district, respectively, holds its regularly scheduled | 17 | | meetings, if that location is available; provided that voter | 18 | | records may be removed from the offices of an election | 19 | | authority only at the discretion and under the supervision of | 20 | | the election authority.
In
those cases where the State Board of | 21 | | Elections is the electoral board
designated under Section 10-9, | 22 | | the chairman of the State Board of Elections
shall, within 24 | 23 | | hours after the receipt of the certificate of nomination
or | 24 | | nomination papers or petitions for a proposed amendment to | 25 | | Article IV of
the Constitution or proposed statewide question | 26 | | of public policy, send a
call by registered or certified mail |
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| 1 | | to the objector who files the
objector's petition, and either | 2 | | to the candidate whose certificate of
nomination or nomination | 3 | | papers are objected to or to the principal
proponent or | 4 | | attorney for proponents of the proposed Constitutional
| 5 | | amendment or statewide question of public policy and shall | 6 | | state the day,
hour and place at which the electoral board | 7 | | shall meet for the purpose,
which place may be in the Capitol | 8 | | Building or in the principal or permanent
branch office of the | 9 | | State Board. The day of the meeting shall not be less
than 3 | 10 | | nor more than 5 days after the receipt of the certificate of
| 11 | | nomination or nomination papers and the objector's petition by | 12 | | the chairman
of the electoral board.
| 13 | | The electoral board shall have the power to administer | 14 | | oaths and to
subpoena and examine witnesses and at the request | 15 | | of either party the
chairman may issue subpoenas requiring the | 16 | | attendance of witnesses and
subpoenas duces tecum requiring the | 17 | | production of such books, papers,
records and documents as may | 18 | | be evidence of any matter under inquiry
before the electoral | 19 | | board, in the same manner as witnesses are
subpoenaed in the | 20 | | Circuit Court.
| 21 | | Service of such subpoenas shall be made by any sheriff or | 22 | | other
person in the same manner as in cases in such court and | 23 | | the fees of such
sheriff shall be the same as is provided by | 24 | | law, and shall be paid by
the objector or candidate who causes | 25 | | the issuance of the subpoena. In
case any person so served | 26 | | shall knowingly neglect or refuse to obey any
such subpoena, or |
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| 1 | | to testify, the electoral board shall at once file a
petition | 2 | | in the circuit court of the county in which such hearing is to
| 3 | | be heard, or has been attempted to be heard, setting forth the | 4 | | facts, of
such knowing refusal or neglect, and accompanying the | 5 | | petition with a
copy of the citation and the answer, if one has | 6 | | been filed, together
with a copy of the subpoena and the return | 7 | | of service thereon, and shall
apply for an order of court | 8 | | requiring such person to attend and testify,
and forthwith | 9 | | produce books and papers, before the electoral board. Any
| 10 | | circuit court of the state, excluding the judge who is sitting | 11 | | on the electoral
board, upon such showing shall order such | 12 | | person to appear and testify,
and to forthwith produce such | 13 | | books and papers, before the electoral board
at a place to be | 14 | | fixed by the court. If such person shall knowingly fail
or | 15 | | refuse to obey such order of the court without lawful excuse, | 16 | | the court
shall punish him or her by fine and imprisonment, as | 17 | | the nature of the case
may require and may be lawful in cases | 18 | | of contempt of court.
| 19 | | The electoral board on the first day of its meeting shall | 20 | | adopt rules
of procedure for the introduction of evidence and | 21 | | the presentation of
arguments and may, in its discretion, | 22 | | provide for the filing of briefs
by the parties to the | 23 | | objection or by other interested persons.
| 24 | | In the event of a State Electoral Board hearing on | 25 | | objections to a
petition for an amendment to Article IV of the | 26 | | Constitution
pursuant to Section 3 of Article XIV of the |
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| 1 | | Constitution, or to a
petition for a question of public policy | 2 | | to be submitted to the
voters of the entire State, the | 3 | | certificates of the county clerks and boards
of election | 4 | | commissioners showing the results of the random sample of
| 5 | | signatures on the petition shall be prima facie valid and | 6 | | accurate, and
shall be presumed to establish the number of | 7 | | valid and invalid
signatures on the petition sheets reviewed in | 8 | | the random sample, as prescribed
in Section 28-11 and 28-12 of | 9 | | this Code. Either party, however, may introduce
evidence at | 10 | | such hearing to dispute the findings as to particular | 11 | | signatures.
In addition to the foregoing, in the absence of | 12 | | competent evidence presented
at such hearing by a party | 13 | | substantially challenging the results of a random
sample, or | 14 | | showing a different result obtained by an additional sample,
| 15 | | this certificate of a county clerk or board of election | 16 | | commissioners shall
be presumed to establish the ratio of valid | 17 | | to invalid signatures within
the particular election | 18 | | jurisdiction.
| 19 | | The electoral board shall take up the question as to | 20 | | whether or not
the certificate of nomination or nomination | 21 | | papers or petitions are in
proper form, and whether or not they | 22 | | were filed within the time and
under the conditions required by | 23 | | law, and whether or not they are the
genuine certificate of | 24 | | nomination or nomination papers or petitions
which they purport | 25 | | to be, and whether or not in the case of the
certificate of | 26 | | nomination in question it represents accurately the
decision of |
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| 1 | | the caucus or convention issuing it, and in general shall
| 2 | | decide whether or not the certificate of nomination or | 3 | | nominating papers
or petitions on file are valid or whether the | 4 | | objections thereto should
be sustained and the decision of a | 5 | | majority of the electoral board shall
be final subject to | 6 | | judicial review as provided in Section 10-10.1. The
electoral | 7 | | board must state its findings in writing and must state in
| 8 | | writing which objections, if any, it has sustained. A copy of | 9 | | the decision shall be served upon the parties to the | 10 | | proceedings in open proceedings before the electoral board. If | 11 | | a party does not appear for receipt of the decision, the | 12 | | decision shall be deemed to have been served on the absent | 13 | | party on the date when a copy of the decision is personally | 14 | | delivered or on the date when a copy of the decision is | 15 | | deposited in the Unites States mail, in a sealed envelope or | 16 | | package, with postage prepaid, addressed to each party affected | 17 | | by the decision or to such party's attorney of record, if any, | 18 | | at the address on record for such person in the files of the | 19 | | electoral board.
| 20 | | Upon the expiration of the period within which a proceeding | 21 | | for
judicial review must be commenced under Section 10-10.1, | 22 | | the electoral
board shall, unless a proceeding for judicial | 23 | | review has been commenced
within such period, transmit, by | 24 | | registered or certified mail, a
certified copy of its ruling, | 25 | | together with the original certificate of
nomination or | 26 | | nomination papers or petitions and the original objector's
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| 1 | | petition, to the officer or board with whom the certificate of
| 2 | | nomination or nomination papers or petitions, as objected to, | 3 | | were on
file, and such officer or board shall abide by and | 4 | | comply with the
ruling so made to all intents and purposes.
| 5 | | (Source: P.A. 95-872, eff. 1-1-09; 96-1008, eff. 7-6-10 .)".
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