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91_HB2336ham001
LRB9102868MWgcam01
1 AMENDMENT TO HOUSE BILL 2336
2 AMENDMENT NO. . Amend House Bill 2336 by replacing
3 the title with the following:
4 "AN ACT to amend the Election Code by changing Sections
5 10-9 and 10-10"; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Election Code is amended by changing
9 Sections 10-9 and 10-10 as follows:
10 (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
11 Sec. 10-9. The following electoral boards are designated
12 for the purpose of hearing and passing upon the objector's
13 petition described in Section 10-8.
14 1. The State Board of Elections will hear and pass upon
15 objections to the nominations of candidates for State
16 offices, nominations of candidates for congressional,
17 legislative and judicial offices of districts or circuits
18 situated in more than one county, nominations of candidates
19 for the offices of State's attorney or regional
20 superintendent of schools to be elected from more than one
21 county, and petitions for proposed amendments to the
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1 Constitution of the State of Illinois as provided for in
2 Section 3 of Article XIV of the Constitution.
3 2. The county officers electoral board to hear and pass
4 upon objections to the nominations of candidates for county,
5 municipal, and township offices, for congressional,
6 legislative and judicial offices of a district or circuit
7 coterminous with or less than a county, for school and
8 community college district offices trustees to be voted for
9 by the electors of the county or by the electors of a
10 township of the county, for the office of multi-township
11 assessor where candidates for such office are nominated in
12 accordance with this Code, and for all special district
13 offices, shall be composed of the county clerk, or an
14 assistant designated by the county clerk, the State's
15 attorney of the county or an Assistant State's Attorney
16 designated by the State's Attorney, and the clerk of the
17 circuit court, or an assistant designated by the clerk of the
18 circuit court, of the county, of whom the county clerk or his
19 designee shall be the chairman, except that in any county
20 which has established a county board of election
21 commissioners that board shall constitute the county officers
22 electoral board ex-officio.
23 3. (Blank). The municipal officers electoral board to
24 hear and pass upon objections to the nominations of
25 candidates for officers of municipalities shall be composed
26 of the mayor or president of the board of trustees of the
27 city, village or incorporated town, and the city, village or
28 incorporated town clerk, and one member of the city council
29 or board of trustees, that member being designated who is
30 eligible to serve on the electoral board and has served the
31 greatest number of years as a member of the city council or
32 board of trustees, of whom the mayor or president of the
33 board of trustees shall be the chairman.
34 4. (Blank). The township officers electoral board to
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1 pass upon objections to the nominations of township officers
2 shall be composed of the township supervisor, the town clerk,
3 and that eligible town trustee elected in the township who
4 has had the longest term of continuous service as town
5 trustee, of whom the township supervisor shall be the
6 chairman.
7 5. (Blank). The education officers electoral board to
8 hear and pass upon objections to the nominations of
9 candidates for offices in school or community college
10 districts shall be composed of the presiding officer of the
11 school or community college district board, who shall be the
12 chairman, the secretary of the school or community college
13 district board and the eligible elected school or community
14 college board member who has the longest term of continuous
15 service as a board member.
16 6. In all cases, however, where the Congressional or
17 Legislative district is wholly within the jurisdiction of a
18 board of election commissioners and in all cases where the
19 school district or special district is wholly within the
20 jurisdiction of a municipal board of election commissioners
21 and in all cases where the municipality or township is wholly
22 or partially within the jurisdiction of a municipal board of
23 election commissioners, the board of election commissioners
24 shall ex-officio constitute the electoral board.
25 For special districts situated in more than one county,
26 the county officers electoral board of the county in which
27 the principal office of the district is located has
28 jurisdiction to hear and pass upon objections. For purposes
29 of this Section, "special districts" means all political
30 subdivisions other than counties, municipalities, townships
31 and school and community college districts.
32 In the event that any member of the county officers
33 electoral appropriate board is a candidate for the office
34 with relation to which the objector's petition is filed, he
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1 or she shall not be eligible to serve on that board and shall
2 not act as a member of the board and his or her place shall
3 be filled by the county treasurer, and if he or she is
4 ineligible to serve, by the sheriff of the county. as
5 follows:
6 a. In the county officers electoral board by the
7 county treasurer, and if he or she is ineligible to
8 serve, by the sheriff of the county.
9 b. In the municipal officers electoral board by the
10 eligible elected city council or board of trustees member
11 who has served the second greatest number of years as a
12 city council or board of trustees member.
13 c. In the township officers electoral board by the
14 eligible elected town trustee who has had the second
15 longest term of continuous service as a town trustee.
16 d. In the education officers electoral board by the
17 eligible elected school or community college district
18 board member who has had the second longest term of
19 continuous service as a board member.
20 In the event that the chairman of the electoral board is
21 ineligible to act because of the fact that he is a candidate
22 for the office with relation to which the objector's petition
23 is filed, then the substitute chosen under the provisions of
24 this Section shall be the chairman; In this case, the officer
25 or board with whom the objector's petition is filed, shall
26 transmit the certificate of nomination or nomination papers
27 as the case may be, and the objector's petition to the
28 substitute chairman of the electoral board.
29 When 2 or more eligible individuals, by reason of their
30 terms of service on a city council or board of trustees,
31 township board of trustees, or school or community college
32 district board, qualify to serve on an electoral board, the
33 one to serve shall be chosen by lot.
34 Any vacancies on the county officers an electoral board
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1 not otherwise filled pursuant to this Section shall be filled
2 by public members appointed by the Chief Judge of the Circuit
3 Court for the county wherein the electoral board hearing is
4 being held upon notification to the Chief Judge of such
5 vacancies. The Chief Judge shall be so notified by a member
6 of the electoral board or the officer or board with whom the
7 objector's petition was filed. In the event that none of the
8 individuals designated by this Section to serve on the
9 electoral board are eligible, the chairman of the an
10 electoral board shall be designated by the Chief Judge.
11 (Source: P.A. 87-570.)
12 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
13 Sec. 10-10. Within 24 hours after the receipt of the
14 certificate of nomination or nomination papers or proposed
15 question of public policy, as the case may be, and the
16 objector's petition, the chairman of the electoral board
17 other than the State Board of Elections shall send a call by
18 registered or certified mail to each of the members of the
19 electoral board, and to the objector who filed the objector's
20 petition, and either to the candidate whose certificate of
21 nomination or nomination papers are objected to or to the
22 principal proponent or attorney for proponents of a question
23 of public policy, as the case may be, whose petitions are
24 objected to, and shall also cause the sheriff of the county
25 or counties in which such officers and persons reside to
26 serve a copy of such call upon each of such officers and
27 persons, which call shall set out the fact that the electoral
28 board is required to meet to hear and pass upon the
29 objections to nominations made for the office, designating
30 it, and shall state the day, hour and place at which the
31 electoral board shall meet for the purpose, which place shall
32 be in the county court house in the county in the case of the
33 County Officers Electoral Board, the Municipal Officers
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1 Electoral Board, the Township Officers Electoral Board or the
2 Education Officers Electoral Board. In those cases where the
3 State Board of Elections is the electoral board designated
4 under Section 10-9, the chairman of the State Board of
5 Elections shall, within 24 hours after the receipt of the
6 certificate of nomination or nomination papers or petitions
7 for a proposed amendment to Article IV of the Constitution or
8 proposed statewide question of public policy, send a call by
9 registered or certified mail to the objector who files the
10 objector's petition, and either to the candidate whose
11 certificate of nomination or nomination papers are objected
12 to or to the principal proponent or attorney for proponents
13 of the proposed Constitutional amendment or statewide
14 question of public policy and shall state the day, hour and
15 place at which the electoral board shall meet for the
16 purpose, which place may be in the Capitol Building or in the
17 principal or permanent branch office of the State Board. The
18 day of the meeting shall not be less than 3 nor more than 5
19 days after the receipt of the certificate of nomination or
20 nomination papers and the objector's petition by the chairman
21 of the electoral board.
22 The electoral board shall have the power to administer
23 oaths and to subpoena and examine witnesses and at the
24 request of either party the chairman may issue subpoenas
25 requiring the attendance of witnesses and subpoenas duces
26 tecum requiring the production of such books, papers, records
27 and documents as may be evidence of any matter under inquiry
28 before the electoral board, in the same manner as witnesses
29 are subpoenaed in the Circuit Court.
30 Service of such subpoenas shall be made by any sheriff or
31 other person in the same manner as in cases in such court and
32 the fees of such sheriff shall be the same as is provided by
33 law, and shall be paid by the objector or candidate who
34 causes the issuance of the subpoena. In case any person so
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1 served shall knowingly neglect or refuse to obey any such
2 subpoena, or to testify, the electoral board shall at once
3 file a petition in the circuit court of the county in which
4 such hearing is to be heard, or has been attempted to be
5 heard, setting forth the facts, of such knowing refusal or
6 neglect, and accompanying the petition with a copy of the
7 citation and the answer, if one has been filed, together with
8 a copy of the subpoena and the return of service thereon, and
9 shall apply for an order of court requiring such person to
10 attend and testify, and forthwith produce books and papers,
11 before the electoral board. Any circuit court of the state,
12 excluding the judge who is sitting on the electoral board,
13 upon such showing shall order such person to appear and
14 testify, and to forthwith produce such books and papers,
15 before the electoral board at a place to be fixed by the
16 court. If such person shall knowingly fail or refuse to obey
17 such order of the court without lawful excuse, the court
18 shall punish him or her by fine and imprisonment, as the
19 nature of the case may require and may be lawful in cases of
20 contempt of court.
21 The electoral board on the first day of its meeting shall
22 adopt rules of procedure for the introduction of evidence and
23 the presentation of arguments and may, in its discretion,
24 provide for the filing of briefs by the parties to the
25 objection or by other interested persons.
26 In the event of a State Electoral Board hearing on
27 objections to a petition for an amendment to Article IV of
28 the Constitution pursuant to Section 3 of Article XIV of the
29 Constitution, or to a petition for a question of public
30 policy to be submitted to the voters of the entire State, the
31 certificates of the county clerks and boards of election
32 commissioners showing the results of the random sample of
33 signatures on the petition shall be prima facie valid and
34 accurate, and shall be presumed to establish the number of
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1 valid and invalid signatures on the petition sheets reviewed
2 in the random sample, as prescribed in Section 28-11 and
3 28-12 of this Code. Either party, however, may introduce
4 evidence at such hearing to dispute the findings as to
5 particular signatures. In addition to the foregoing, in the
6 absence of competent evidence presented at such hearing by a
7 party substantially challenging the results of a random
8 sample, or showing a different result obtained by an
9 additional sample, this certificate of a county clerk or
10 board of election commissioners shall be presumed to
11 establish the ratio of valid to invalid signatures within the
12 particular election jurisdiction.
13 The electoral board shall take up the question as to
14 whether or not the certificate of nomination or nomination
15 papers or petitions are in proper form, and whether or not
16 they were filed within the time and under the conditions
17 required by law, and whether or not they are the genuine
18 certificate of nomination or nomination papers or petitions
19 which they purport to be, and whether or not in the case of
20 the certificate of nomination in question it represents
21 accurately the decision of the caucus or convention issuing
22 it, and in general shall decide whether or not the
23 certificate of nomination or nominating papers or petitions
24 on file are valid or whether the objections thereto should be
25 sustained and the decision of a majority of the electoral
26 board shall be final subject to judicial review as provided
27 in Section 10-10.1. The electoral board must state its
28 findings in writing and must state in writing which
29 objections, if any, it has sustained.
30 Upon the expiration of the period within which a
31 proceeding for judicial review must be commenced under
32 Section 10--10.1, the electoral board shall, unless a
33 proceeding for judicial review has been commenced within such
34 period, transmit, by registered or certified mail, a
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1 certified copy of its ruling, together with the original
2 certificate of nomination or nomination papers or petitions
3 and the original objector's petition, to the officer or board
4 with whom the certificate of nomination or nomination papers
5 or petitions, as objected to, were on file, and such officer
6 or board shall abide by and comply with the ruling so made to
7 all intents and purposes.
8 (Source: P.A. 85-293; 86-1348.)".