State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ]


92_HB1804

 
                                               LRB9206310MWpc

 1        AN ACT concerning elections.

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

 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 or circuits
14    situated in more than one county, nominations  of  candidates
15    for   the   offices   of   State's   attorney   or   regional
16    superintendent  of  schools  to be elected from more than one
17    county,  and  petitions  for  proposed  amendments   to   the
18    Constitution  of  the  State  of  Illinois as provided for in
19    Section 3 of Article XIV of the Constitution.
20        2.  The county officers electoral board to hear and  pass
21    upon  objections to the nominations of candidates for county,
22    municipal,   and   township   offices,   for   congressional,
23    legislative and judicial offices of  a  district  or  circuit
24    coterminous  with  or  less  than  a  county,  for school and
25    community college district offices trustees to be  voted  for
26    by  the  electors  of  the  county  or  by  the electors of a
27    township of the county,  for  the  office  of  multi-township
28    assessor  where  candidates  for such office are nominated in
29    accordance with this  Code,  and  for  all  special  district
30    offices,  shall  be  composed  of  the  county  clerk,  or an
31    assistant  designated  by  the  county  clerk,  the   State's
 
                            -2-                LRB9206310MWpc
 1    attorney  of  the  county  or  an  Assistant State's Attorney
 2    designated by the State's Attorney,  and  the  clerk  of  the
 3    circuit court, or an assistant designated by the clerk of the
 4    circuit court, of the county, of whom the county clerk or his
 5    designee    shall  be the chairman, except that in any county
 6    which  has   established   a   county   board   of   election
 7    commissioners that board shall constitute the county officers
 8    electoral   board   ex-officio.  If  a  municipality,  school
 9    district, or community college district is located  in  2  or
10    more  counties,  the  county  officers electoral board of the
11    county in which the principal offices  of  the  municipality,
12    school  district,  or  community  college district is located
13    shall  hear  and  pass  upon  objections  to  nominations  of
14    candidates  for  the  municipal  offices,   school   district
15    offices, or community college district offices.
16        3.  (Blank).  The  municipal  officers electoral board to
17    hear  and  pass  upon  objections  to  the   nominations   of
18    candidates  for  officers of municipalities shall be composed
19    of the mayor or president of the board  of  trustees  of  the
20    city,  village or incorporated town, and the city, village or
21    incorporated town clerk, and one member of the  city  council
22    or  board  of  trustees,  that member being designated who is
23    eligible to serve on the electoral board and has  served  the
24    greatest  number  of years as a member of the city council or
25    board of trustees, of whom the  mayor  or  president  of  the
26    board of trustees shall be the chairman.
27        4.  (Blank).  The  township  officers  electoral board to
28    pass upon objections to the nominations of township  officers
29    shall be composed of the township supervisor, the town clerk,
30    and  that  eligible  town trustee elected in the township who
31    has had the  longest  term  of  continuous  service  as  town
32    trustee,  of  whom  the  township  supervisor  shall  be  the
33    chairman.
34        5.  (Blank).  The  education  officers electoral board to
 
                            -3-                LRB9206310MWpc
 1    hear  and  pass  upon  objections  to  the   nominations   of
 2    candidates   for  offices  in  school  or  community  college
 3    districts shall be composed of the presiding officer  of  the
 4    school  or community college district board, who shall be the
 5    chairman, the secretary of the school  or  community  college
 6    district  board  and the eligible elected school or community
 7    college board member who has the longest term  of  continuous
 8    service as a board member.
 9        6.  In  all  cases,  however,  where the Congressional or
10    Legislative district is wholly within the jurisdiction  of  a
11    board  of  election  commissioners and in all cases where the
12    school district or special  district  is  wholly  within  the
13    jurisdiction  of  a municipal board of election commissioners
14    and in all cases where the municipality or township is wholly
15    or partially within the jurisdiction of a municipal board  of
16    election  commissioners,  the board of election commissioners
17    shall ex-officio constitute the electoral board.
18        For special districts situated in more than  one  county,
19    the  county  officers  electoral board of the county in which
20    the  principal  office  of  the  district  is   located   has
21    jurisdiction  to hear and pass upon objections.  For purposes
22    of this Section,  "special  districts"  means  all  political
23    subdivisions  other  than counties, municipalities, townships
24    and school and community college districts.
25        In the event that  any  member  of  the  county  officers
26    electoral  appropriate  board  is  a candidate for the office
27    with relation to which the objector's petition is  filed,  he
28    or she shall not be eligible to serve on that board and shall
29    not  act  as a member of the board and his or her place shall
30    be filled by the county  treasurer,  and  if  he  or  she  is
31    ineligible  to  serve,  by  the  sheriff  of  the  county. as
32    follows:
33             a.  In the county officers electoral  board  by  the
34        county  treasurer,  and  if  he  or  she is ineligible to
 
                            -4-                LRB9206310MWpc
 1        serve, by the sheriff of the county.
 2             b.  In the municipal officers electoral board by the
 3        eligible elected city council or board of trustees member
 4        who has served the second greatest number of years  as  a
 5        city council or board of trustees member.
 6             c.  In  the township officers electoral board by the
 7        eligible elected town trustee  who  has  had  the  second
 8        longest term of continuous service as a town trustee.
 9             d.  In the education officers electoral board by the
10        eligible  elected  school  or  community college district
11        board member who has  had  the  second  longest  term  of
12        continuous service as a board member.
13        In  the event that the chairman of the electoral board is
14    ineligible to act because of the fact that he is a  candidate
15    for the office with relation to which the objector's petition
16    is  filed, then the substitute chosen under the provisions of
17    this Section shall be the chairman; In this case, the officer
18    or board with whom the objector's petition  is  filed,  shall
19    transmit  the  certificate of nomination or nomination papers
20    as the case may  be,  and  the  objector's  petition  to  the
21    substitute chairman of the electoral board.
22        When  2  or more eligible individuals, by reason of their
23    terms of service on a city  council  or  board  of  trustees,
24    township  board  of  trustees, or school or community college
25    district board, qualify to serve on an electoral  board,  the
26    one to serve shall be chosen by lot.
27        Any  vacancies  on the county officers an electoral board
28    not otherwise filled pursuant to this Section shall be filled
29    by public members appointed by the Chief Judge of the Circuit
30    Court for the county wherein the electoral board  hearing  is
31    being  held  upon  notification  to  the  Chief Judge of such
32    vacancies. The Chief Judge shall be so notified by  a  member
33    of  the electoral board or the officer or board with whom the
34    objector's petition was filed.  In the event that none of the
 
                            -5-                LRB9206310MWpc
 1    individuals designated  by  this  Section  to  serve  on  the
 2    electoral  board  are  eligible, the chairman of an electoral
 3    board shall be designated by the Chief Judge.
 4    (Source: P.A. 87-570.)

 5        (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
 6        Sec. 10-10.  Within 24 hours after  the  receipt  of  the
 7    certificate  of  nomination  or nomination papers or proposed
 8    question of public policy,  as  the  case  may  be,  and  the
 9    objector's  petition,  the  chairman  of  the electoral board
10    other than the State Board of Elections shall send a call  by
11    registered  or  certified  mail to each of the members of the
12    electoral board, and to the objector who filed the objector's
13    petition, and either to the candidate  whose  certificate  of
14    nomination  or  nomination  papers  are objected to or to the
15    principal proponent or attorney for proponents of a  question
16    of  public  policy,  as  the case may be, whose petitions are
17    objected to, and shall also cause the sheriff of  the  county
18    or  counties  in  which  such  officers and persons reside to
19    serve a copy of such call upon  each  of  such  officers  and
20    persons, which call shall set out the fact that the electoral
21    board  is  required  to  meet  to  hear  and  pass  upon  the
22    objections  to  nominations  made for the office, designating
23    it, and shall state the day, hour  and  place  at  which  the
24    electoral board shall meet for the purpose, which place shall
25    be in the county court house in the county in the case of the
26    County  Officers  Electoral  Board,  the  Municipal  Officers
27    Electoral Board, the Township Officers Electoral Board or the
28    Education  Officers  Electoral  Board.  The Township Officers
29    Electoral Board may meet in the township offices, if they are
30    available, rather than the county courthouse. In those  cases
31    where  the  State  Board  of Elections is the electoral board
32    designated under Section 10-9,  the  chairman  of  the  State
33    Board  of  Elections shall, within 24 hours after the receipt
 
                            -6-                LRB9206310MWpc
 1    of the certificate of  nomination  or  nomination  papers  or
 2    petitions  for  a  proposed  amendment  to  Article IV of the
 3    Constitution or proposed statewide question of public policy,
 4    send a call by registered or certified mail to  the  objector
 5    who   files  the  objector's  petition,  and  either  to  the
 6    candidate  whose  certificate  of  nomination  or  nomination
 7    papers are objected to  or  to  the  principal  proponent  or
 8    attorney   for  proponents  of  the  proposed  Constitutional
 9    amendment or statewide question of public  policy  and  shall
10    state  the  day,  hour and place at which the electoral board
11    shall meet for the purpose, which place may be in the Capitol
12    Building or in the principal or permanent  branch  office  of
13    the  State  Board.  The  day of the meeting shall not be less
14    than 3 nor  more  than  5  days  after  the  receipt  of  the
15    certificate  of  nomination  or  nomination  papers  and  the
16    objector's petition by the chairman of the electoral board.
17        The  electoral  board  shall have the power to administer
18    oaths and to  subpoena  and  examine  witnesses  and  at  the
19    request  of  either  party  the  chairman may issue subpoenas
20    requiring the attendance of  witnesses  and  subpoenas  duces
21    tecum requiring the production of such books, papers, records
22    and  documents as may be evidence of any matter under inquiry
23    before the electoral board, in the same manner  as  witnesses
24    are subpoenaed in the Circuit Court.
25        Service of such subpoenas shall be made by any sheriff or
26    other person in the same manner as in cases in such court and
27    the  fees of such sheriff shall be the same as is provided by
28    law, and shall be paid  by  the  objector  or  candidate  who
29    causes  the  issuance  of the subpoena. In case any person so
30    served shall knowingly neglect or refuse  to  obey  any  such
31    subpoena,  or  to  testify, the electoral board shall at once
32    file a petition in the circuit court of the county  in  which
33    such  hearing  is  to  be  heard, or has been attempted to be
34    heard, setting forth the facts, of such  knowing  refusal  or
 
                            -7-                LRB9206310MWpc
 1    neglect,  and  accompanying  the  petition with a copy of the
 2    citation and the answer, if one has been filed, together with
 3    a copy of the subpoena and the return of service thereon, and
 4    shall apply for an order of court requiring  such  person  to
 5    attend  and  testify, and forthwith produce books and papers,
 6    before the electoral board. Any circuit court of  the  state,
 7    excluding  the  judge  who is sitting on the electoral board,
 8    upon such showing shall  order  such  person  to  appear  and
 9    testify,  and  to  forthwith  produce  such books and papers,
10    before the electoral board at a place  to  be  fixed  by  the
11    court.  If such person shall knowingly fail or refuse to obey
12    such order of the court  without  lawful  excuse,  the  court
13    shall  punish  him  or  her  by fine and imprisonment, as the
14    nature of the case may require and may be lawful in cases  of
15    contempt of court.
16        The electoral board on the first day of its meeting shall
17    adopt rules of procedure for the introduction of evidence and
18    the  presentation  of  arguments  and may, in its discretion,
19    provide for the filing  of  briefs  by  the  parties  to  the
20    objection or by other interested persons.
21        In  the  event  of  a  State  Electoral  Board hearing on
22    objections to a petition for an amendment to  Article  IV  of
23    the  Constitution pursuant to Section 3 of Article XIV of the
24    Constitution, or to a  petition  for  a  question  of  public
25    policy to be submitted to the voters of the entire State, the
26    certificates  of  the  county  clerks  and boards of election
27    commissioners showing the results of  the  random  sample  of
28    signatures  on  the  petition  shall be prima facie valid and
29    accurate, and shall be presumed to establish  the  number  of
30    valid  and invalid signatures on the petition sheets reviewed
31    in the random sample, as  prescribed  in  Section  28-11  and
32    28-12  of  this  Code.   Either party, however, may introduce
33    evidence at such hearing  to  dispute  the  findings  as   to
34    particular  signatures.  In addition to the foregoing, in the
 
                            -8-                LRB9206310MWpc
 1    absence of competent evidence presented at such hearing by  a
 2    party  substantially  challenging  the  results  of  a random
 3    sample,  or  showing  a  different  result  obtained  by   an
 4    additional  sample,  this  certificate  of  a county clerk or
 5    board  of  election  commissioners  shall  be   presumed   to
 6    establish the ratio of valid to invalid signatures within the
 7    particular election jurisdiction.
 8        The  electoral  board  shall  take  up the question as to
 9    whether or not the certificate of  nomination  or  nomination
10    papers  or  petitions  are in proper form, and whether or not
11    they were filed within the  time  and  under  the  conditions
12    required  by  law,  and  whether  or not they are the genuine
13    certificate of nomination or nomination papers  or  petitions
14    which  they  purport to be, and whether or not in the case of
15    the certificate  of  nomination  in  question  it  represents
16    accurately  the  decision of the caucus or convention issuing
17    it,  and  in  general  shall  decide  whether  or   not   the
18    certificate  of  nomination or nominating papers or petitions
19    on file are valid or whether the objections thereto should be
20    sustained and the decision of a  majority  of  the  electoral
21    board  shall  be final subject to judicial review as provided
22    in Section 10-10.1.  The  electoral  board  must  state   its
23    findings   in   writing  and  must  state  in  writing  which
24    objections, if any, it has sustained.
25        Upon  the  expiration  of  the  period  within  which   a
26    proceeding  for  judicial  review  must  be  commenced  under
27    Section   10--10.1,  the  electoral  board  shall,  unless  a
28    proceeding for judicial review has been commenced within such
29    period,  transmit,  by  registered  or  certified   mail,   a
30    certified  copy  of  its  ruling,  together with the original
31    certificate of nomination or nomination papers  or  petitions
32    and the original objector's petition, to the officer or board
33    with  whom the certificate of nomination or nomination papers
34    or petitions, as objected to, were on file, and such  officer
 
                            -9-                LRB9206310MWpc
 1    or board shall abide by and comply with the ruling so made to
 2    all intents and purposes.
 3    (Source: P.A. 91-285, eff. 1-1-00.)

[ Top ]