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91_HB2336eng HB2336 Engrossed LRB9102868MWgc 1 AN ACT to amend the Election Code by changing Sections 2 10-9 and 10-10. 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 changing 6 Sections 10-9 and 10-10 as follows: 7 (10 ILCS 5/10-9) (from Ch. 46, par. 10-9) 8 Sec. 10-9. The following electoral boards are designated 9 for the purpose of hearing and passing upon the objector's 10 petition described in Section 10-8. 11 1. The State Board of Elections will hear and pass upon 12 objections to the nominations of candidates for State 13 offices, nominations of candidates for congressional, 14 legislative and judicial offices of districts or circuits 15 situated in more than one county, nominations of candidates 16 for the offices of State's attorney or regional 17 superintendent of schools to be elected from more than one 18 county, and petitions for proposed amendments to the 19 Constitution of the State of Illinois as provided for in 20 Section 3 of Article XIV of the Constitution. 21 2. The county officers electoral board to hear and pass 22 upon objections to the nominations of candidates for county, 23 municipal, and township offices, for congressional, 24 legislative and judicial offices of a district or circuit 25 coterminous with or less than a county, for school and 26 community college district officestrustees to be voted for27by the electors of the county or by the electors of a28township of the county, for the office of multi-township 29 assessor where candidates for such office are nominated in 30 accordance with this Code, and for all special district 31 offices, shall be composed of the county clerk, or an HB2336 Engrossed -2- LRB9102868MWgc 1 assistant designated by the county clerk, the State's 2 attorney of the county or an Assistant State's Attorney 3 designated by the State's Attorney, and the clerk of the 4 circuit court, or an assistant designated by the clerk of the 5 circuit court, of the county, of whom the county clerk or his 6 designee shall be the chairman, except that in any county 7 which has established a county board of election 8 commissioners that board shall constitute the county officers 9 electoral board ex-officio. 10 3. (Blank).The municipal officers electoral board to11hear and pass upon objections to the nominations of12candidates for officers of municipalities shall be composed13of the mayor or president of the board of trustees of the14city, village or incorporated town, and the city, village or15incorporated town clerk, and one member of the city council16or board of trustees, that member being designated who is17eligible to serve on the electoral board and has served the18greatest number of years as a member of the city council or19board of trustees, of whom the mayor or president of the20board of trustees shall be the chairman.21 4. (Blank).The township officers electoral board to22pass upon objections to the nominations of township officers23shall be composed of the township supervisor, the town clerk,24and that eligible town trustee elected in the township who25has had the longest term of continuous service as town26trustee, of whom the township supervisor shall be the27chairman.28 5. (Blank).The education officers electoral board to29hear and pass upon objections to the nominations of30candidates for offices in school or community college31districts shall be composed of the presiding officer of the32school or community college district board, who shall be the33chairman, the secretary of the school or community college34district board and the eligible elected school or communityHB2336 Engrossed -3- LRB9102868MWgc 1college board member who has the longest term of continuous2service as a board member.3 6. In all cases, however, where the Congressional or 4 Legislative district is wholly within the jurisdiction of a 5 board of election commissioners and in all cases where the 6 school district or special district is wholly within the 7 jurisdiction of a municipal board of election commissioners 8 and in all cases where the municipality or township is wholly 9 or partially within the jurisdiction of a municipal board of 10 election commissioners, the board of election commissioners 11 shall ex-officio constitute the electoral board. 12 For special districts situated in more than one county, 13 the county officers electoral board of the county in which 14 the principal office of the district is located has 15 jurisdiction to hear and pass upon objections. For purposes 16 of this Section, "special districts" means all political 17 subdivisionsother than counties, municipalities, townships18and school and community college districts. 19 In the event that any member of the county officers 20 electoralappropriateboard is a candidate for the office 21 with relation to which the objector's petition is filed, he 22 or she shall not be eligible to serve on that board and shall 23 not act as a member of the board and his or her place shall 24 be filled by the county treasurer, and if he or she is 25 ineligible to serve, by the sheriff of the county.as26follows:27a. In the county officers electoral board by the28county treasurer, and if he or she is ineligible to29serve, by the sheriff of the county.30b. In the municipal officers electoral board by the31eligible elected city council or board of trustees member32who has served the second greatest number of years as a33city council or board of trustees member.34c. In the township officers electoral board by theHB2336 Engrossed -4- LRB9102868MWgc 1eligible elected town trustee who has had the second2longest term of continuous service as a town trustee.3d. In the education officers electoral board by the4eligible elected school or community college district5board member who has had the second longest term of6continuous service as a board member.7 In the event that the chairman of the electoral board is 8 ineligible to act because of the fact that he is a candidate 9 for the office with relation to which the objector's petition 10 is filed, then the substitute chosen under the provisions of 11 this Section shall be the chairman; In this case, the officer 12 or board with whom the objector's petition is filed, shall 13 transmit the certificate of nomination or nomination papers 14 as the case may be, and the objector's petition to the 15 substitute chairman of the electoral board. 16When 2 or more eligible individuals, by reason of their17terms of service on a city council or board of trustees,18township board of trustees, or school or community college19district board, qualify to serve on an electoral board, the20one to serve shall be chosen by lot.21 Any vacancies on the county officersanelectoral board 22 not otherwise filled pursuant to this Section shall be filled 23 by public members appointed by the Chief Judge of the Circuit 24 Court for the county wherein the electoral board hearing is 25 being held upon notification to the Chief Judge of such 26 vacancies. The Chief Judge shall be so notified by a member 27 of the electoral board or the officer or board with whom the 28 objector's petition was filed. In the event that none of the 29 individuals designated by this Section to serve on the 30 electoral board are eligible, the chairman of thean31 electoral board shall be designated by the Chief Judge. 32 (Source: P.A. 87-570.) 33 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10) HB2336 Engrossed -5- LRB9102868MWgc 1 Sec. 10-10. Within 24 hours after the receipt of the 2 certificate of nomination or nomination papers or proposed 3 question of public policy, as the case may be, and the 4 objector's petition, the chairman of the electoral board 5 other than the State Board of Elections shall send a call by 6 registered or certified mail to each of the members of the 7 electoral board, and to the objector who filed the objector's 8 petition, and either to the candidate whose certificate of 9 nomination or nomination papers are objected to or to the 10 principal proponent or attorney for proponents of a question 11 of public policy, as the case may be, whose petitions are 12 objected to, and shall also cause the sheriff of the county 13 or counties in which such officers and persons reside to 14 serve a copy of such call upon each of such officers and 15 persons, which call shall set out the fact that the electoral 16 board is required to meet to hear and pass upon the 17 objections to nominations made for the office, designating 18 it, and shall state the day, hour and place at which the 19 electoral board shall meet for the purpose, which place shall 20 be in the county court house in the county in the case of the 21 County Officers Electoral Board, the Municipal Officers22Electoral Board, the Township Officers Electoral Board or the23Education Officers Electoral Board. In those cases where the 24 State Board of Elections is the electoral board designated 25 under Section 10-9, the chairman of the State Board of 26 Elections shall, within 24 hours after the receipt of the 27 certificate of nomination or nomination papers or petitions 28 for a proposed amendment to Article IV of the Constitution or 29 proposed statewide question of public policy, send a call by 30 registered or certified mail to the objector who files the 31 objector's petition, and either to the candidate whose 32 certificate of nomination or nomination papers are objected 33 to or to the principal proponent or attorney for proponents 34 of the proposed Constitutional amendment or statewide HB2336 Engrossed -6- LRB9102868MWgc 1 question of public policy and shall state the day, hour and 2 place at which the electoral board shall meet for the 3 purpose, which place may be in the Capitol Building or in the 4 principal or permanent branch office of the State Board. The 5 day of the meeting shall not be less than 3 nor more than 5 6 days after the receipt of the certificate of nomination or 7 nomination papers and the objector's petition by the chairman 8 of the electoral board. 9 The electoral board shall have the power to administer 10 oaths and to subpoena and examine witnesses and at the 11 request of either party the chairman may issue subpoenas 12 requiring the attendance of witnesses and subpoenas duces 13 tecum requiring the production of such books, papers, records 14 and documents as may be evidence of any matter under inquiry 15 before the electoral board, in the same manner as witnesses 16 are subpoenaed in the Circuit Court. 17 Service of such subpoenas shall be made by any sheriff or 18 other person in the same manner as in cases in such court and 19 the fees of such sheriff shall be the same as is provided by 20 law, and shall be paid by the objector or candidate who 21 causes the issuance of the subpoena. In case any person so 22 served shall knowingly neglect or refuse to obey any such 23 subpoena, or to testify, the electoral board shall at once 24 file a petition in the circuit court of the county in which 25 such hearing is to be heard, or has been attempted to be 26 heard, setting forth the facts, of such knowing refusal or 27 neglect, and accompanying the petition with a copy of the 28 citation and the answer, if one has been filed, together with 29 a copy of the subpoena and the return of service thereon, and 30 shall apply for an order of court requiring such person to 31 attend and testify, and forthwith produce books and papers, 32 before the electoral board. Any circuit court of the state, 33 excluding the judge who is sitting on the electoral board, 34 upon such showing shall order such person to appear and HB2336 Engrossed -7- LRB9102868MWgc 1 testify, and to forthwith produce such books and papers, 2 before the electoral board at a place to be fixed by the 3 court. If such person shall knowingly fail or refuse to obey 4 such order of the court without lawful excuse, the court 5 shall punish him or her by fine and imprisonment, as the 6 nature of the case may require and may be lawful in cases of 7 contempt of court. 8 The electoral board on the first day of its meeting shall 9 adopt rules of procedure for the introduction of evidence and 10 the presentation of arguments and may, in its discretion, 11 provide for the filing of briefs by the parties to the 12 objection or by other interested persons. 13 In the event of a State Electoral Board hearing on 14 objections to a petition for an amendment to Article IV of 15 the Constitution pursuant to Section 3 of Article XIV of the 16 Constitution, or to a petition for a question of public 17 policy to be submitted to the voters of the entire State, the 18 certificates of the county clerks and boards of election 19 commissioners showing the results of the random sample of 20 signatures on the petition shall be prima facie valid and 21 accurate, and shall be presumed to establish the number of 22 valid and invalid signatures on the petition sheets reviewed 23 in the random sample, as prescribed in Section 28-11 and 24 28-12 of this Code. Either party, however, may introduce 25 evidence at such hearing to dispute the findings as to 26 particular signatures. In addition to the foregoing, in the 27 absence of competent evidence presented at such hearing by a 28 party substantially challenging the results of a random 29 sample, or showing a different result obtained by an 30 additional sample, this certificate of a county clerk or 31 board of election commissioners shall be presumed to 32 establish the ratio of valid to invalid signatures within the 33 particular election jurisdiction. 34 The electoral board shall take up the question as to HB2336 Engrossed -8- LRB9102868MWgc 1 whether or not the certificate of nomination or nomination 2 papers or petitions are in proper form, and whether or not 3 they were filed within the time and under the conditions 4 required by law, and whether or not they are the genuine 5 certificate of nomination or nomination papers or petitions 6 which they purport to be, and whether or not in the case of 7 the certificate of nomination in question it represents 8 accurately the decision of the caucus or convention issuing 9 it, and in general shall decide whether or not the 10 certificate of nomination or nominating papers or petitions 11 on file are valid or whether the objections thereto should be 12 sustained and the decision of a majority of the electoral 13 board shall be final subject to judicial review as provided 14 in Section 10-10.1. The electoral board must state its 15 findings in writing and must state in writing which 16 objections, if any, it has sustained. 17 Upon the expiration of the period within which a 18 proceeding for judicial review must be commenced under 19 Section 10--10.1, the electoral board shall, unless a 20 proceeding for judicial review has been commenced within such 21 period, transmit, by registered or certified mail, a 22 certified copy of its ruling, together with the original 23 certificate of nomination or nomination papers or petitions 24 and the original objector's petition, to the officer or board 25 with whom the certificate of nomination or nomination papers 26 or petitions, as objected to, were on file, and such officer 27 or board shall abide by and comply with the ruling so made to 28 all intents and purposes. 29 (Source: P.A. 85-293; 86-1348.)