103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2225 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/28-3 from Ch. 46, par. 28-3 10 ILCS 5/28-9 from Ch. 46, par. 28-9 10 ILCS 5/28-11 from Ch. 46, par. 28-11 10 ILCS 5/28-12 from Ch. 46, par. 28-12 10 ILCS 5/28-13 from Ch. 46, par. 28-13 Amends the Election Code. Removes provisions specifying petition and referenda requirements for proposed statewide advisory public questions. Modifies the procedures for: petition signature sample verification, including removing specified responsibilities of election authorities; valid signature calculation; and petition verification watchers. Makes conforming changes. Makes other changes. Effective immediately. LRB103 25610 BMS 51959 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2225 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/28-3 from Ch. 46, par. 28-3 10 ILCS 5/28-9 from Ch. 46, par. 28-9 10 ILCS 5/28-11 from Ch. 46, par. 28-11 10 ILCS 5/28-12 from Ch. 46, par. 28-12 10 ILCS 5/28-13 from Ch. 46, par. 28-13 10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/28-3 from Ch. 46, par. 28-3 10 ILCS 5/28-9 from Ch. 46, par. 28-9 10 ILCS 5/28-11 from Ch. 46, par. 28-11 10 ILCS 5/28-12 from Ch. 46, par. 28-12 10 ILCS 5/28-13 from Ch. 46, par. 28-13 Amends the Election Code. Removes provisions specifying petition and referenda requirements for proposed statewide advisory public questions. Modifies the procedures for: petition signature sample verification, including removing specified responsibilities of election authorities; valid signature calculation; and petition verification watchers. Makes conforming changes. Makes other changes. Effective immediately. LRB103 25610 BMS 51959 b LRB103 25610 BMS 51959 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2225 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/28-3 from Ch. 46, par. 28-3 10 ILCS 5/28-9 from Ch. 46, par. 28-9 10 ILCS 5/28-11 from Ch. 46, par. 28-11 10 ILCS 5/28-12 from Ch. 46, par. 28-12 10 ILCS 5/28-13 from Ch. 46, par. 28-13 10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/28-3 from Ch. 46, par. 28-3 10 ILCS 5/28-9 from Ch. 46, par. 28-9 10 ILCS 5/28-11 from Ch. 46, par. 28-11 10 ILCS 5/28-12 from Ch. 46, par. 28-12 10 ILCS 5/28-13 from Ch. 46, par. 28-13
10 ILCS 5/10-10 from Ch. 46, par. 10-10
10 ILCS 5/28-3 from Ch. 46, par. 28-3
10 ILCS 5/28-9 from Ch. 46, par. 28-9
10 ILCS 5/28-11 from Ch. 46, par. 28-11
10 ILCS 5/28-12 from Ch. 46, par. 28-12
10 ILCS 5/28-13 from Ch. 46, par. 28-13
Amends the Election Code. Removes provisions specifying petition and referenda requirements for proposed statewide advisory public questions. Modifies the procedures for: petition signature sample verification, including removing specified responsibilities of election authorities; valid signature calculation; and petition verification watchers. Makes conforming changes. Makes other changes. Effective immediately.
LRB103 25610 BMS 51959 b LRB103 25610 BMS 51959 b
LRB103 25610 BMS 51959 b
A BILL FOR
HB2225LRB103 25610 BMS 51959 b HB2225 LRB103 25610 BMS 51959 b
HB2225 LRB103 25610 BMS 51959 b
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 10-10, 28-3, 28-9, 28-11, 28-12, and 28-13 as
6 follows:
7 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
8 Sec. 10-10. Within 24 hours after the receipt of the
9 certificate of nomination or nomination papers or proposed
10 question of public policy, as the case may be, and the
11 objector's petition, the chair of the electoral board other
12 than the State Board of Elections shall send a call by
13 registered or certified mail to each of the members of the
14 electoral board, and to the objector who filed the objector's
15 petition, and either to the candidate whose certificate of
16 nomination or nomination papers are objected to or to the
17 principal proponent or attorney for proponents of a question
18 of public policy, as the case may be, whose petitions are
19 objected to, and shall also cause the sheriff of the county or
20 counties in which such officers and persons reside to serve a
21 copy of such call upon each of such officers and persons, which
22 call shall set out the fact that the electoral board is
23 required to meet to hear and pass upon the objections to
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2225 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/28-3 from Ch. 46, par. 28-3 10 ILCS 5/28-9 from Ch. 46, par. 28-9 10 ILCS 5/28-11 from Ch. 46, par. 28-11 10 ILCS 5/28-12 from Ch. 46, par. 28-12 10 ILCS 5/28-13 from Ch. 46, par. 28-13 10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/28-3 from Ch. 46, par. 28-3 10 ILCS 5/28-9 from Ch. 46, par. 28-9 10 ILCS 5/28-11 from Ch. 46, par. 28-11 10 ILCS 5/28-12 from Ch. 46, par. 28-12 10 ILCS 5/28-13 from Ch. 46, par. 28-13
10 ILCS 5/10-10 from Ch. 46, par. 10-10
10 ILCS 5/28-3 from Ch. 46, par. 28-3
10 ILCS 5/28-9 from Ch. 46, par. 28-9
10 ILCS 5/28-11 from Ch. 46, par. 28-11
10 ILCS 5/28-12 from Ch. 46, par. 28-12
10 ILCS 5/28-13 from Ch. 46, par. 28-13
Amends the Election Code. Removes provisions specifying petition and referenda requirements for proposed statewide advisory public questions. Modifies the procedures for: petition signature sample verification, including removing specified responsibilities of election authorities; valid signature calculation; and petition verification watchers. Makes conforming changes. Makes other changes. Effective immediately.
LRB103 25610 BMS 51959 b LRB103 25610 BMS 51959 b
LRB103 25610 BMS 51959 b
A BILL FOR
10 ILCS 5/10-10 from Ch. 46, par. 10-10
10 ILCS 5/28-3 from Ch. 46, par. 28-3
10 ILCS 5/28-9 from Ch. 46, par. 28-9
10 ILCS 5/28-11 from Ch. 46, par. 28-11
10 ILCS 5/28-12 from Ch. 46, par. 28-12
10 ILCS 5/28-13 from Ch. 46, par. 28-13
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1 nominations made for the office, designating it, and shall
2 state the day, hour and place at which the electoral board
3 shall meet for the purpose, which place shall be in the county
4 court house in the county in the case of the County Officers
5 Electoral Board, the Municipal Officers Electoral Board, the
6 Township Officers Electoral Board or the Education Officers
7 Electoral Board, except that the Municipal Officers Electoral
8 Board, the Township Officers Electoral Board, and the
9 Education Officers Electoral Board may meet at the location
10 where the governing body of the municipality, township, or
11 community college district, respectively, holds its regularly
12 scheduled meetings, if that location is available; provided
13 that voter records may be removed from the offices of an
14 election authority only at the discretion and under the
15 supervision of the election authority. In those cases where
16 the State Board of Elections is the electoral board designated
17 under Section 10-9, the chair of the State Board of Elections
18 shall, within 24 hours after the receipt of the certificate of
19 nomination or nomination papers or petitions for a proposed
20 amendment to Article IV of the Constitution or proposed
21 statewide question of public policy, send a call by registered
22 or certified mail to the objector who files the objector's
23 petition, and either to the candidate whose certificate of
24 nomination or nomination papers are objected to or to the
25 principal proponent or attorney for proponents of the proposed
26 Constitutional amendment or statewide question of public
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1 policy and shall state the day, hour, and place at which the
2 electoral board shall meet for the purpose, which place may be
3 in the Capitol Building or in the principal or permanent
4 branch office of the State Board. The day of the meeting shall
5 not be less than 3 nor more than 5 days after the receipt of
6 the certificate of nomination or nomination papers and the
7 objector's petition by the chair of the electoral board.
8 The electoral board shall have the power to administer
9 oaths and to subpoena and examine witnesses and, at the
10 request of either party and only upon a vote by a majority of
11 its members, may authorize the chair to 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 causes
21 the issuance of the subpoena. In case any person so served
22 shall knowingly neglect or refuse to obey any such subpoena,
23 or to testify, the electoral board shall at once file a
24 petition in the circuit court of the county in which such
25 hearing is to be heard, or has been attempted to be heard,
26 setting forth the facts, of such knowing refusal or neglect,
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1 and accompanying the petition with a copy of the citation and
2 the answer, if one has been filed, together with a copy of the
3 subpoena and the return of service thereon, and shall apply
4 for an order of court requiring such person to attend and
5 testify, and forthwith produce books and papers, before the
6 electoral board. Any circuit court of the state, excluding the
7 judge who is sitting on the electoral board, upon such showing
8 shall order such person to appear and testify, and to
9 forthwith produce such books and papers, before the electoral
10 board at a place to be fixed by the court. If such person shall
11 knowingly fail or refuse to obey such order of the court
12 without lawful excuse, the court shall punish him or her by
13 fine and imprisonment, as the nature of the case may require
14 and may be lawful in cases of contempt of court.
15 The electoral board on the first day of its meeting shall
16 adopt rules of procedure for the introduction of evidence and
17 the presentation of arguments and may, in its discretion,
18 provide for the filing of briefs by the parties to the
19 objection or by other interested persons.
20 In the event of a State Electoral Board hearing on
21 objections to a petition for an amendment to Article IV of the
22 Constitution pursuant to Section 3 of Article XIV of the
23 Constitution, to a petition proposing a statewide advisory
24 public question, 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
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1 commissioners showing the results of the random sample of
2 signatures on the petition shall be prima facie valid and
3 accurate, and shall be presumed to establish the number of
4 valid and invalid signatures on the petition sheets reviewed
5 in the random sample, as prescribed in Section 28-11 and 28-12
6 of this Code. Either party, however, may introduce evidence at
7 such hearing to dispute the findings as to particular
8 signatures. In addition to the foregoing, in the absence of
9 competent evidence presented at such hearing by a party
10 substantially challenging the results of a random sample, such
11 results or showing a different result obtained by an
12 additional sample, this certificate of a county clerk or board
13 of election commissioners shall be presumed to establish the
14 ratio of valid to invalid signatures on the petition within
15 the particular election jurisdiction.
16 The electoral board shall take up the question as to
17 whether or not the certificate of nomination or nomination
18 papers or petitions are in proper form, and whether or not they
19 were filed within the time and under the conditions required
20 by law, and whether or not they are the genuine certificate of
21 nomination or nomination papers or petitions which they
22 purport to be, and whether or not in the case of the
23 certificate of nomination in question it represents accurately
24 the decision of the caucus or convention issuing it, and in
25 general shall decide whether or not the certificate of
26 nomination or nominating papers or petitions on file are valid
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1 or whether the objections thereto should be sustained and the
2 decision of a majority of the electoral board shall be final
3 subject to judicial review as provided in Section 10-10.1. The
4 electoral board must state its findings in writing and must
5 state in writing which objections, if any, it has sustained. A
6 copy of the decision shall be served upon the parties to the
7 proceedings in open proceedings before the electoral board. If
8 a party does not appear for receipt of the decision, the
9 decision shall be deemed to have been served on the absent
10 party on the date when a copy of the decision is personally
11 delivered or on the date when a copy of the decision is
12 deposited in the United States mail, in a sealed envelope or
13 package, with postage prepaid, addressed to each party
14 affected by the decision or to such party's attorney of
15 record, if any, at the address on record for such person in the
16 files of the electoral board.
17 Upon the expiration of the period within which a
18 proceeding for judicial review must be commenced under Section
19 10-10.1, the electoral board shall, unless a proceeding for
20 judicial review has been commenced within such period,
21 transmit, by registered or certified mail, a certified copy of
22 its ruling, together with the original certificate of
23 nomination or nomination papers or petitions and the original
24 objector's petition, to the officer or board with whom the
25 certificate of nomination or nomination papers or petitions,
26 as objected to, were on file, and such officer or board shall
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1 abide by and comply with the ruling so made to all intents and
2 purposes.
3 (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16;
4 100-1027, eff. 1-1-19.)
5 (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
6 Sec. 28-3. Form of petition for public question. Petitions
7 for the submission of public questions shall consist of sheets
8 of uniform size and each sheet shall contain, above the space
9 for signature, an appropriate heading, giving the information
10 as to the question of public policy to be submitted, and
11 specifying the state at large or the political subdivision or
12 district or precinct or combination of precincts or other
13 territory in which it is to be submitted and, where by law the
14 public question must be submitted at a particular election,
15 the election at which it is to be submitted. In the case of a
16 petition for the submission of a public question described in
17 subsection (b) of Section 28-6, the heading shall also specify
18 the regular election at which the question is to be submitted
19 and include the precincts included in the territory concerning
20 which the public question is to be submitted, as well as a
21 common description of such territory in plain and nonlegal
22 language, such description to describe the territory by
23 reference to streets, natural or artificial landmarks,
24 addresses or any other method which would enable a voter
25 signing the petition to be informed of the territory
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1 concerning which the question is to be submitted. The heading
2 of each sheet shall be the same. Such petition shall be signed
3 by the registered voters of the political subdivision or
4 district or precinct or combination of precincts in which the
5 question of public policy is to be submitted in their own
6 proper persons only, and opposite the signature of each signer
7 his residence address shall be written or printed, which
8 residence address shall include the street address or rural
9 route number of the signer, as the case may be, as well as the
10 signer's county, and city, village or town, and state;
11 provided that the county or city, village or town, and state of
12 residence of such electors may be printed on the petition
13 forms where all of the electors signing the petition reside in
14 the same county or city, village or town, and state. Standard
15 abbreviations may be used in writing the residence address,
16 including street number, if any. No signature shall be valid
17 or be counted in considering the validity or sufficiency of
18 such petition unless the requirements of this Section are
19 complied with.
20 At the bottom of each sheet of such petition shall be added
21 a circulator's statement, signed by a person 18 years of age or
22 older who is a citizen of the United States, stating the street
23 address or rural route number, as the case may be, as well as
24 the county, city, village or town, and state; certifying that
25 the signatures on that sheet of the petition were signed in his
26 or her presence and are genuine, and that to the best of his or
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1 her knowledge and belief the persons so signing were at the
2 time of signing the petition registered voters of the
3 political subdivision or district or precinct or combination
4 of precincts in which the question of public policy is to be
5 submitted and that their respective residences are correctly
6 stated therein. Such statement shall be sworn to before some
7 officer authorized to administer oaths in this State.
8 Such sheets, before being filed with the proper officer or
9 board, shall be bound securely and numbered consecutively. The
10 sheets shall not be fastened by pasting them together end to
11 end, so as to form a continuous strip or roll. All petition
12 sheets which are filed with the proper local election
13 officials, election authorities or the State Board of
14 Elections shall be the original sheets which have been signed
15 by the voters and by the circulator, and not photocopies or
16 duplicates of such sheets. A petition, when presented or
17 filed, shall not be withdrawn, altered, or added to, and no
18 signature shall be revoked except by revocation in writing
19 presented or filed with the board or officer with whom the
20 petition is required to be presented or filed, and before the
21 presentment or filing of such petition, except as may
22 otherwise be provided in another statute which authorize the
23 public question. Whoever forges any name of a signer upon any
24 petition shall be deemed guilty of a forgery, and on
25 conviction thereof, shall be punished accordingly.
26 In addition to the foregoing requirements, a petition
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1 proposing an amendment to Article IV of the Constitution
2 pursuant to Section 3 of Article XIV of the Constitution, a
3 petition proposing a statewide advisory public question, or a
4 petition proposing a question of public policy to be submitted
5 to the voters of the entire State shall be in conformity with
6 the requirements of Section 28-9 of this Article.
7 If multiple sets of petitions for submission of the same
8 public questions are filed, the State Board of Elections,
9 appropriate election authority or local election official
10 where the petitions are filed shall within 2 business days
11 notify the proponent of his or her multiple petition filings
12 and that proponent has 3 business days after receipt of the
13 notice to notify the State Board of Elections, appropriate
14 election authority or local election official that he or she
15 may cancel prior sets of petitions. If the proponent notifies
16 the State Board of Elections, appropriate election authority
17 or local election official, the last set of petitions filed
18 shall be the only petitions to be considered valid by the State
19 Board of Elections, appropriate election authority or local
20 election official. If the proponent fails to notify the State
21 Board of Elections, appropriate election authority or local
22 election official then only the first set of petitions filed
23 shall be valid and all subsequent petitions shall be void.
24 (Source: P.A. 98-756, eff. 7-16-14.)
25 (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
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1 Sec. 28-9. Petitions for proposed amendments to Article IV
2 of the Constitution pursuant to Section 3, Article XIV of the
3 Constitution shall be signed by a number of electors equal in
4 number to at least 8% of the total votes cast for candidates
5 for Governor in the preceding gubernatorial election. Such
6 petition shall have been signed by the petitioning electors
7 not more than 24 months preceding the general election at
8 which the proposed amendment is to be submitted and shall be
9 filed with the Secretary of State at least 6 months before that
10 general election.
11 Upon receipt of a petition for a proposed Constitutional
12 amendment, the Secretary of State shall, as soon as is
13 practicable, but no later than the close of the next business
14 day, deliver such petition to the State Board of Elections.
15 Petitions for advisory questions of public policy to be
16 submitted to the voters of the entire State shall be signed by
17 a number of voters equal in number to 8% of the total votes
18 cast for candidates for Governor in the preceding
19 gubernatorial election. Such petition shall have been signed
20 by said petitioners not more than 24 months preceding the date
21 of the general election at which the question is to be
22 submitted and shall be filed with the State Board of Elections
23 at least 6 months before that general election.
24 The proponents of the proposed statewide advisory public
25 question shall file the original petition in bound sections.
26 Each section shall be composed of consecutively numbered
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1 petition sheets containing only the signatures of registered
2 voters. Any petition sheets not consecutively numbered or
3 which contain duplicate page numbers already used on other
4 sheets, or are photocopies or duplicates of the original
5 sheets, shall not be considered part of the petition for the
6 purpose of the random sampling verification and shall not be
7 counted toward the minimum number of signatures required to
8 qualify the proposed statewide advisory public question for
9 the ballot.
10 Within 7 business days following the last day for filing
11 the original petition, the proponents shall also file copies
12 of the petition sheets with each proper election authority and
13 obtain a receipt therefor.
14 For purposes of this Act, the following terms shall be
15 defined and construed as follows:
16 1. "Board" means the State Board of Elections.
17 2. "Election Authority" means a county clerk or city or
18 county board of election commissioners.
19 3. (Blank).
20 4. "Proponents" means any person, association, committee,
21 organization or other group, or their designated
22 representatives, who advocate and cause the circulation and
23 filing of petitions for a statewide advisory question of
24 public policy or a proposed constitutional amendment for
25 submission at a general election and who has registered with
26 the Board as provided in this Act.
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1 5. "Opponents" means any person, association, committee,
2 organization or other group, or their designated
3 representatives, who oppose a statewide advisory question of
4 public policy or a proposed constitutional amendment for
5 submission at a general election and who have registered with
6 the Board as provided in this Act.
7 (Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15.)
8 (10 ILCS 5/28-11) (from Ch. 46, par. 28-11)
9 Sec. 28-11. The Board shall design a standard and
10 scientific random sampling method for the verification of
11 petition signatures for statewide advisory referenda and shall
12 conduct a public test to prove the validity of its sampling
13 method. Notice of the time and place for such test shall be
14 given at least 10 days before the date on which such test is to
15 be conducted and in the manner prescribed for notice of
16 regular Board meetings. Signatures on petitions for
17 constitutional amendments initiated pursuant to Article XIV,
18 Section 3 of the Illinois Constitution or statewide advisory
19 referenda need not be segregated by election jurisdiction. The
20 Board shall design a an alternative signature verification
21 method using random sampling for referenda initiated pursuant
22 to Article XIV, Section 3 of the Illinois Constitution and
23 statewide advisory referenda.
24 The Within 14 business days following the last day for the
25 filing of the original petition as prescribed in Section 28-9,
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1 the Board shall apply its proven random sampling method to the
2 petition sheets in each election jurisdiction section for the
3 purpose of selecting and identifying the petition signatures
4 to be included in the sample signature verification to be
5 conducted by the Board. for the respective jurisdictions and
6 shall prepare and transmit to each proper election authority a
7 list by page and line number of the signatures from its
8 election jurisdiction selected for verification.
9 For each election jurisdiction, the sample verification
10 shall include an examination of either (a) 10% of the
11 signatures if 5,010 or more signatures are involved; or (b)
12 500 signatures if more than 500 but less than 5,010 signatures
13 are involved; or (c) all signatures if 500 or less signatures
14 are involved.
15 The State Board of Elections Each election authority with
16 whom jurisdictional copies of petition sheets were filed shall
17 determine the validity use the proven random sampling method
18 designed and furnished by the Board for the verification of
19 those signatures contained in the sample shown on the list
20 supplied by the Board and in accordance with the following
21 criteria for determination of petition signature validity:
22 1. Determine if the person who signed the petition is
23 a registered voter in that election jurisdiction or was a
24 registered voter therein on the date the petition was
25 signed;
26 2. Determine if the signature of the person who signed
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1 the petition reasonably compares with the signature shown
2 on that person's registration record card.
3 The Board may adopt rules, as necessary, to implement the
4 provisions of this Section.
5 Within 14 business days following receipt from the Board
6 of the list of signatures for verification, each election
7 authority shall transmit a properly dated certificate to the
8 Board which shall indicate; (a) the page and line number of
9 petition signatures examined, (b) the validity or invalidity
10 of such signatures, and (c) the reasons for invalidity, based
11 on the criteria heretofore prescribed. The Board shall prepare
12 and adopt a standard form of certificate for use by the
13 election authorities which shall be transmitted with the list
14 of signatures for verification.
15 Upon written request of the election authority that, due
16 to the volume of signatures in the sample for its
17 jurisdiction, additional time is needed to properly perform
18 the signature verification, the Board may grant the election
19 authority additional days to complete the verification and
20 transmit the certificate of results. These certificates of
21 random sample verification results shall be available for
22 public inspection within 24 hours after receipt by the State
23 Board of Elections.
24 (Source: P.A. 97-81, eff. 7-5-11.)
25 (10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
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1 Sec. 28-12. Upon completion of the signature verification
2 for referenda initiated pursuant to Article XIV, Section 3 of
3 the Illinois Constitution and statewide advisory referenda,
4 Upon receipt of the certificates of the election authorities
5 showing the results of the sample signature verification, the
6 Board shall:
7 1. Based on the sample of signatures examined,
8 calculate the ratio of invalid and or valid signatures in
9 each election jurisdiction.
10 2. Apply the ratio of invalid to valid signatures in
11 an election jurisdiction sample to the total number of
12 petition signatures submitted on the petition from that
13 election jurisdiction.
14 3. Compute the degree of multiple signature
15 contamination in each election jurisdiction sample.
16 4. Adjusting Adjust for multiple signature
17 contamination and the number of invalid signatures,
18 project the total number of valid petition signatures
19 submitted from each election jurisdiction.
20 5. (Blank). Aggregate the total number of projected
21 valid signatures from each election jurisdiction and
22 project the total number of valid signatures on the
23 petition statewide.
24 If such statewide projection establishes a total number of
25 valid petition signatures less not greater than 95.0% of the
26 minimum number of signatures required to qualify the proposed
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1 statewide advisory public question for the ballot, the
2 petition shall be presumed invalid; provided that, prior to
3 the last day for ballot certification for the general
4 election, the Board shall conduct a hearing for the purpose of
5 allowing the proponents to present competent evidence or an
6 additional sample to rebut the presumption of invalidity. At
7 the conclusion of such hearing, and after the resolution of
8 any specific objection filed pursuant to Section 10-8 of this
9 Code, the Board shall issue a final order declaring the
10 petition to be valid or invalid and shall, in accordance with
11 its order, certify or not certify the proposition for the
12 ballot.
13 If such statewide projection establishes a total number of
14 valid petition signatures greater than 95.0% of the minimum
15 number of signatures required to qualify the proposed
16 Constitutional amendment or statewide advisory public question
17 for the ballot, the results of the sample shall be considered
18 inconclusive and, if no specific objections to the petition
19 are filed pursuant to Section 10-8 of this Code, the Board
20 shall issue a final order declaring the petition to be valid
21 and shall certify the proposition for the ballot.
22 In either event, the Board shall append to its final order
23 the detailed results of the sample from each election
24 jurisdiction which shall include: (a) specific page and line
25 numbers of signatures actually verified or determined to be
26 invalid by the respective election authorities, and (b) the
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1 calculations and projections performed by the Board for each
2 election jurisdiction.
3 (Source: P.A. 97-81, eff. 7-5-11.)
4 (10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
5 Sec. 28-13. Each political party and civic organization as
6 well as the registered proponents and opponents of a petition
7 for an amendment to Article IV of the Constitution pursuant to
8 Section 3 of Article XIV of the Constitution, or a proposed
9 statewide advisory public question shall be entitled to one
10 watcher in the office of the election authority to observe the
11 conduct of the sample signature verification and participate
12 in any proceedings related thereto. However, in those election
13 jurisdictions where a 10% sample is required, the proponents
14 and opponents may appoint no more than 5 assistant watchers in
15 addition to the 1 principal watcher permitted herein.
16 Within 7 days following the last day for filing of the
17 original petition, the proponents and opponents shall certify
18 in writing to the Board that they publicly support or oppose
19 the proposed statewide advisory public question. The
20 proponents and opponents of such questions shall register the
21 name and address of its group and the name and address of its
22 chair and designated agent for acceptance of service of
23 notices with the Board. Thereupon, the Board shall prepare a
24 list of the registered proponents and opponents and shall
25 adopt a standard proponents' and opponents' watcher credential
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1 form. A copy of such list and sufficient copies of such
2 credentials shall be transmitted with the list for the sample
3 signature verification to the appropriate election
4 authorities. Those election authorities shall issue
5 credentials to the permissible number of watchers for each
6 proponent and opponent group; provided, however, that a
7 prospective watcher shall first present to the election
8 authority a letter of authorization signed by the chair of the
9 proponent or opponent group he or she represents.
10 Political party and qualified civic organization watcher
11 credentials shall be substantially in the form and shall be
12 authorized in the manner prescribed in Section 7-34 of this
13 Code.
14 The rights and limitations of pollwatchers as prescribed
15 by Section 7-34 of this Code, insofar as they may be made
16 applicable, shall be applicable to watchers at the conduct of
17 the sample signature verification.
18 The principal watcher for the proponents and opponents may
19 make signed written objections to the Board relating to
20 procedures observed during the conduct of the sample signature
21 verification which could materially affect the results of the
22 sample. Such written objections shall be presented to the
23 election authority and a copy mailed to the Board and shall be
24 attached to the certificate of sample results transmitted by
25 the election authority to the Board.
26 (Source: P.A. 100-1027, eff. 1-1-19.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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