Illinois 2023-2024 Regular Session

Illinois House Bill HB2225 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2225 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
3	3	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
4	4	10 ILCS 5/10-10 from Ch. 46, par. 10-10
5	5	10 ILCS 5/28-3 from Ch. 46, par. 28-3
6	6	10 ILCS 5/28-9 from Ch. 46, par. 28-9
7	7	10 ILCS 5/28-11 from Ch. 46, par. 28-11
8	8	10 ILCS 5/28-12 from Ch. 46, par. 28-12
9	9	10 ILCS 5/28-13 from Ch. 46, par. 28-13
10	10	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.
11	11	LRB103 25610 BMS 51959 b LRB103 25610 BMS 51959 b
12	12	LRB103 25610 BMS 51959 b
13	13	A BILL FOR
14	14	HB2225LRB103 25610 BMS 51959 b HB2225 LRB103 25610 BMS 51959 b
15	15	HB2225 LRB103 25610 BMS 51959 b
16	16	1 AN ACT concerning elections.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Election Code is amended by changing
20	20	5 Sections 10-10, 28-3, 28-9, 28-11, 28-12, and 28-13 as
21	21	6 follows:
22	22	7 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
23	23	8 Sec. 10-10. Within 24 hours after the receipt of the
24	24	9 certificate of nomination or nomination papers or proposed
25	25	10 question of public policy, as the case may be, and the
26	26	11 objector's petition, the chair of the electoral board other
27	27	12 than the State Board of Elections shall send a call by
28	28	13 registered or certified mail to each of the members of the
29	29	14 electoral board, and to the objector who filed the objector's
30	30	15 petition, and either to the candidate whose certificate of
31	31	16 nomination or nomination papers are objected to or to the
32	32	17 principal proponent or attorney for proponents of a question
33	33	18 of public policy, as the case may be, whose petitions are
34	34	19 objected to, and shall also cause the sheriff of the county or
35	35	20 counties in which such officers and persons reside to serve a
36	36	21 copy of such call upon each of such officers and persons, which
37	37	22 call shall set out the fact that the electoral board is
38	38	23 required to meet to hear and pass upon the objections to
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42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2225 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
43	43	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
44	44	10 ILCS 5/10-10 from Ch. 46, par. 10-10
45	45	10 ILCS 5/28-3 from Ch. 46, par. 28-3
46	46	10 ILCS 5/28-9 from Ch. 46, par. 28-9
47	47	10 ILCS 5/28-11 from Ch. 46, par. 28-11
48	48	10 ILCS 5/28-12 from Ch. 46, par. 28-12
49	49	10 ILCS 5/28-13 from Ch. 46, par. 28-13
50	50	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.
51	51	LRB103 25610 BMS 51959 b LRB103 25610 BMS 51959 b
52	52	LRB103 25610 BMS 51959 b
53	53	A BILL FOR
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59	59	10 ILCS 5/10-10 from Ch. 46, par. 10-10
60	60	10 ILCS 5/28-3 from Ch. 46, par. 28-3
61	61	10 ILCS 5/28-9 from Ch. 46, par. 28-9
62	62	10 ILCS 5/28-11 from Ch. 46, par. 28-11
63	63	10 ILCS 5/28-12 from Ch. 46, par. 28-12
64	64	10 ILCS 5/28-13 from Ch. 46, par. 28-13
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83	83	1 nominations made for the office, designating it, and shall
84	84	2 state the day, hour and place at which the electoral board
85	85	3 shall meet for the purpose, which place shall be in the county
86	86	4 court house in the county in the case of the County Officers
87	87	5 Electoral Board, the Municipal Officers Electoral Board, the
88	88	6 Township Officers Electoral Board or the Education Officers
89	89	7 Electoral Board, except that the Municipal Officers Electoral
90	90	8 Board, the Township Officers Electoral Board, and the
91	91	9 Education Officers Electoral Board may meet at the location
92	92	10 where the governing body of the municipality, township, or
93	93	11 community college district, respectively, holds its regularly
94	94	12 scheduled meetings, if that location is available; provided
95	95	13 that voter records may be removed from the offices of an
96	96	14 election authority only at the discretion and under the
97	97	15 supervision of the election authority. In those cases where
98	98	16 the State Board of Elections is the electoral board designated
99	99	17 under Section 10-9, the chair of the State Board of Elections
100	100	18 shall, within 24 hours after the receipt of the certificate of
101	101	19 nomination or nomination papers or petitions for a proposed
102	102	20 amendment to Article IV of the Constitution or proposed
103	103	21 statewide question of public policy, send a call by registered
104	104	22 or certified mail to the objector who files the objector's
105	105	23 petition, and either to the candidate whose certificate of
106	106	24 nomination or nomination papers are objected to or to the
107	107	25 principal proponent or attorney for proponents of the proposed
108	108	26 Constitutional amendment or statewide question of public
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119	119	1 policy and shall state the day, hour, and place at which the
120	120	2 electoral board shall meet for the purpose, which place may be
121	121	3 in the Capitol Building or in the principal or permanent
122	122	4 branch office of the State Board. The day of the meeting shall
123	123	5 not be less than 3 nor more than 5 days after the receipt of
124	124	6 the certificate of nomination or nomination papers and the
125	125	7 objector's petition by the chair of the electoral board.
126	126	8 The electoral board shall have the power to administer
127	127	9 oaths and to subpoena and examine witnesses and, at the
128	128	10 request of either party and only upon a vote by a majority of
129	129	11 its members, may authorize the chair to issue subpoenas
130	130	12 requiring the attendance of witnesses and subpoenas duces
131	131	13 tecum requiring the production of such books, papers, records
132	132	14 and documents as may be evidence of any matter under inquiry
133	133	15 before the electoral board, in the same manner as witnesses
134	134	16 are subpoenaed in the Circuit Court.
135	135	17 Service of such subpoenas shall be made by any sheriff or
136	136	18 other person in the same manner as in cases in such court and
137	137	19 the fees of such sheriff shall be the same as is provided by
138	138	20 law, and shall be paid by the objector or candidate who causes
139	139	21 the issuance of the subpoena. In case any person so served
140	140	22 shall knowingly neglect or refuse to obey any such subpoena,
141	141	23 or to testify, the electoral board shall at once file a
142	142	24 petition in the circuit court of the county in which such
143	143	25 hearing is to be heard, or has been attempted to be heard,
144	144	26 setting forth the facts, of such knowing refusal or neglect,
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155	155	1 and accompanying the petition with a copy of the citation and
156	156	2 the answer, if one has been filed, together with a copy of the
157	157	3 subpoena and the return of service thereon, and shall apply
158	158	4 for an order of court requiring such person to attend and
159	159	5 testify, and forthwith produce books and papers, before the
160	160	6 electoral board. Any circuit court of the state, excluding the
161	161	7 judge who is sitting on the electoral board, upon such showing
162	162	8 shall order such person to appear and testify, and to
163	163	9 forthwith produce such books and papers, before the electoral
164	164	10 board at a place to be fixed by the court. If such person shall
165	165	11 knowingly fail or refuse to obey such order of the court
166	166	12 without lawful excuse, the court shall punish him or her by
167	167	13 fine and imprisonment, as the nature of the case may require
168	168	14 and may be lawful in cases of contempt of court.
169	169	15 The electoral board on the first day of its meeting shall
170	170	16 adopt rules of procedure for the introduction of evidence and
171	171	17 the presentation of arguments and may, in its discretion,
172	172	18 provide for the filing of briefs by the parties to the
173	173	19 objection or by other interested persons.
174	174	20 In the event of a State Electoral Board hearing on
175	175	21 objections to a petition for an amendment to Article IV of the
176	176	22 Constitution pursuant to Section 3 of Article XIV of the
177	177	23 Constitution, to a petition proposing a statewide advisory
178	178	24 public question, or to a petition for a question of public
179	179	25 policy to be submitted to the voters of the entire State, the
180	180	26 certificates of the county clerks and boards of election
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191	191	1 commissioners showing the results of the random sample of
192	192	2 signatures on the petition shall be prima facie valid and
193	193	3 accurate, and shall be presumed to establish the number of
194	194	4 valid and invalid signatures on the petition sheets reviewed
195	195	5 in the random sample, as prescribed in Section 28-11 and 28-12
196	196	6 of this Code. Either party, however, may introduce evidence at
197	197	7 such hearing to dispute the findings as to particular
198	198	8 signatures. In addition to the foregoing, in the absence of
199	199	9 competent evidence presented at such hearing by a party
200	200	10 substantially challenging the results of a random sample, such
201	201	11 results or showing a different result obtained by an
202	202	12 additional sample, this certificate of a county clerk or board
203	203	13 of election commissioners shall be presumed to establish the
204	204	14 ratio of valid to invalid signatures on the petition within
205	205	15 the particular election jurisdiction.
206	206	16 The electoral board shall take up the question as to
207	207	17 whether or not the certificate of nomination or nomination
208	208	18 papers or petitions are in proper form, and whether or not they
209	209	19 were filed within the time and under the conditions required
210	210	20 by law, and whether or not they are the genuine certificate of
211	211	21 nomination or nomination papers or petitions which they
212	212	22 purport to be, and whether or not in the case of the
213	213	23 certificate of nomination in question it represents accurately
214	214	24 the decision of the caucus or convention issuing it, and in
215	215	25 general shall decide whether or not the certificate of
216	216	26 nomination or nominating papers or petitions on file are valid
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227	227	1 or whether the objections thereto should be sustained and the
228	228	2 decision of a majority of the electoral board shall be final
229	229	3 subject to judicial review as provided in Section 10-10.1. The
230	230	4 electoral board must state its findings in writing and must
231	231	5 state in writing which objections, if any, it has sustained. A
232	232	6 copy of the decision shall be served upon the parties to the
233	233	7 proceedings in open proceedings before the electoral board. If
234	234	8 a party does not appear for receipt of the decision, the
235	235	9 decision shall be deemed to have been served on the absent
236	236	10 party on the date when a copy of the decision is personally
237	237	11 delivered or on the date when a copy of the decision is
238	238	12 deposited in the United States mail, in a sealed envelope or
239	239	13 package, with postage prepaid, addressed to each party
240	240	14 affected by the decision or to such party's attorney of
241	241	15 record, if any, at the address on record for such person in the
242	242	16 files of the electoral board.
243	243	17 Upon the expiration of the period within which a
244	244	18 proceeding for judicial review must be commenced under Section
245	245	19 10-10.1, the electoral board shall, unless a proceeding for
246	246	20 judicial review has been commenced within such period,
247	247	21 transmit, by registered or certified mail, a certified copy of
248	248	22 its ruling, together with the original certificate of
249	249	23 nomination or nomination papers or petitions and the original
250	250	24 objector's petition, to the officer or board with whom the
251	251	25 certificate of nomination or nomination papers or petitions,
252	252	26 as objected to, were on file, and such officer or board shall
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263	263	1 abide by and comply with the ruling so made to all intents and
264	264	2 purposes.
265	265	3 (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16;
266	266	4 100-1027, eff. 1-1-19.)
267	267	5 (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
268	268	6 Sec. 28-3. Form of petition for public question. Petitions
269	269	7 for the submission of public questions shall consist of sheets
270	270	8 of uniform size and each sheet shall contain, above the space
271	271	9 for signature, an appropriate heading, giving the information
272	272	10 as to the question of public policy to be submitted, and
273	273	11 specifying the state at large or the political subdivision or
274	274	12 district or precinct or combination of precincts or other
275	275	13 territory in which it is to be submitted and, where by law the
276	276	14 public question must be submitted at a particular election,
277	277	15 the election at which it is to be submitted. In the case of a
278	278	16 petition for the submission of a public question described in
279	279	17 subsection (b) of Section 28-6, the heading shall also specify
280	280	18 the regular election at which the question is to be submitted
281	281	19 and include the precincts included in the territory concerning
282	282	20 which the public question is to be submitted, as well as a
283	283	21 common description of such territory in plain and nonlegal
284	284	22 language, such description to describe the territory by
285	285	23 reference to streets, natural or artificial landmarks,
286	286	24 addresses or any other method which would enable a voter
287	287	25 signing the petition to be informed of the territory
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298	298	1 concerning which the question is to be submitted. The heading
299	299	2 of each sheet shall be the same. Such petition shall be signed
300	300	3 by the registered voters of the political subdivision or
301	301	4 district or precinct or combination of precincts in which the
302	302	5 question of public policy is to be submitted in their own
303	303	6 proper persons only, and opposite the signature of each signer
304	304	7 his residence address shall be written or printed, which
305	305	8 residence address shall include the street address or rural
306	306	9 route number of the signer, as the case may be, as well as the
307	307	10 signer's county, and city, village or town, and state;
308	308	11 provided that the county or city, village or town, and state of
309	309	12 residence of such electors may be printed on the petition
310	310	13 forms where all of the electors signing the petition reside in
311	311	14 the same county or city, village or town, and state. Standard
312	312	15 abbreviations may be used in writing the residence address,
313	313	16 including street number, if any. No signature shall be valid
314	314	17 or be counted in considering the validity or sufficiency of
315	315	18 such petition unless the requirements of this Section are
316	316	19 complied with.
317	317	20 At the bottom of each sheet of such petition shall be added
318	318	21 a circulator's statement, signed by a person 18 years of age or
319	319	22 older who is a citizen of the United States, stating the street
320	320	23 address or rural route number, as the case may be, as well as
321	321	24 the county, city, village or town, and state; certifying that
322	322	25 the signatures on that sheet of the petition were signed in his
323	323	26 or her presence and are genuine, and that to the best of his or
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334	334	1 her knowledge and belief the persons so signing were at the
335	335	2 time of signing the petition registered voters of the
336	336	3 political subdivision or district or precinct or combination
337	337	4 of precincts in which the question of public policy is to be
338	338	5 submitted and that their respective residences are correctly
339	339	6 stated therein. Such statement shall be sworn to before some
340	340	7 officer authorized to administer oaths in this State.
341	341	8 Such sheets, before being filed with the proper officer or
342	342	9 board, shall be bound securely and numbered consecutively. The
343	343	10 sheets shall not be fastened by pasting them together end to
344	344	11 end, so as to form a continuous strip or roll. All petition
345	345	12 sheets which are filed with the proper local election
346	346	13 officials, election authorities or the State Board of
347	347	14 Elections shall be the original sheets which have been signed
348	348	15 by the voters and by the circulator, and not photocopies or
349	349	16 duplicates of such sheets. A petition, when presented or
350	350	17 filed, shall not be withdrawn, altered, or added to, and no
351	351	18 signature shall be revoked except by revocation in writing
352	352	19 presented or filed with the board or officer with whom the
353	353	20 petition is required to be presented or filed, and before the
354	354	21 presentment or filing of such petition, except as may
355	355	22 otherwise be provided in another statute which authorize the
356	356	23 public question. Whoever forges any name of a signer upon any
357	357	24 petition shall be deemed guilty of a forgery, and on
358	358	25 conviction thereof, shall be punished accordingly.
359	359	26 In addition to the foregoing requirements, a petition
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370	370	1 proposing an amendment to Article IV of the Constitution
371	371	2 pursuant to Section 3 of Article XIV of the Constitution, a
372	372	3 petition proposing a statewide advisory public question, or a
373	373	4 petition proposing a question of public policy to be submitted
374	374	5 to the voters of the entire State shall be in conformity with
375	375	6 the requirements of Section 28-9 of this Article.
376	376	7 If multiple sets of petitions for submission of the same
377	377	8 public questions are filed, the State Board of Elections,
378	378	9 appropriate election authority or local election official
379	379	10 where the petitions are filed shall within 2 business days
380	380	11 notify the proponent of his or her multiple petition filings
381	381	12 and that proponent has 3 business days after receipt of the
382	382	13 notice to notify the State Board of Elections, appropriate
383	383	14 election authority or local election official that he or she
384	384	15 may cancel prior sets of petitions. If the proponent notifies
385	385	16 the State Board of Elections, appropriate election authority
386	386	17 or local election official, the last set of petitions filed
387	387	18 shall be the only petitions to be considered valid by the State
388	388	19 Board of Elections, appropriate election authority or local
389	389	20 election official. If the proponent fails to notify the State
390	390	21 Board of Elections, appropriate election authority or local
391	391	22 election official then only the first set of petitions filed
392	392	23 shall be valid and all subsequent petitions shall be void.
393	393	24 (Source: P.A. 98-756, eff. 7-16-14.)
394	394	25 (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
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405	405	1 Sec. 28-9. Petitions for proposed amendments to Article IV
406	406	2 of the Constitution pursuant to Section 3, Article XIV of the
407	407	3 Constitution shall be signed by a number of electors equal in
408	408	4 number to at least 8% of the total votes cast for candidates
409	409	5 for Governor in the preceding gubernatorial election. Such
410	410	6 petition shall have been signed by the petitioning electors
411	411	7 not more than 24 months preceding the general election at
412	412	8 which the proposed amendment is to be submitted and shall be
413	413	9 filed with the Secretary of State at least 6 months before that
414	414	10 general election.
415	415	11 Upon receipt of a petition for a proposed Constitutional
416	416	12 amendment, the Secretary of State shall, as soon as is
417	417	13 practicable, but no later than the close of the next business
418	418	14 day, deliver such petition to the State Board of Elections.
419	419	15 Petitions for advisory questions of public policy to be
420	420	16 submitted to the voters of the entire State shall be signed by
421	421	17 a number of voters equal in number to 8% of the total votes
422	422	18 cast for candidates for Governor in the preceding
423	423	19 gubernatorial election. Such petition shall have been signed
424	424	20 by said petitioners not more than 24 months preceding the date
425	425	21 of the general election at which the question is to be
426	426	22 submitted and shall be filed with the State Board of Elections
427	427	23 at least 6 months before that general election.
428	428	24 The proponents of the proposed statewide advisory public
429	429	25 question shall file the original petition in bound sections.
430	430	26 Each section shall be composed of consecutively numbered
431	431
432	432
433	433
434	434
435	435
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437	437
438	438
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440	440	HB2225 - 12 - LRB103 25610 BMS 51959 b
441	441	1 petition sheets containing only the signatures of registered
442	442	2 voters. Any petition sheets not consecutively numbered or
443	443	3 which contain duplicate page numbers already used on other
444	444	4 sheets, or are photocopies or duplicates of the original
445	445	5 sheets, shall not be considered part of the petition for the
446	446	6 purpose of the random sampling verification and shall not be
447	447	7 counted toward the minimum number of signatures required to
448	448	8 qualify the proposed statewide advisory public question for
449	449	9 the ballot.
450	450	10 Within 7 business days following the last day for filing
451	451	11 the original petition, the proponents shall also file copies
452	452	12 of the petition sheets with each proper election authority and
453	453	13 obtain a receipt therefor.
454	454	14 For purposes of this Act, the following terms shall be
455	455	15 defined and construed as follows:
456	456	16 1. "Board" means the State Board of Elections.
457	457	17 2. "Election Authority" means a county clerk or city or
458	458	18 county board of election commissioners.
459	459	19 3. (Blank).
460	460	20 4. "Proponents" means any person, association, committee,
461	461	21 organization or other group, or their designated
462	462	22 representatives, who advocate and cause the circulation and
463	463	23 filing of petitions for a statewide advisory question of
464	464	24 public policy or a proposed constitutional amendment for
465	465	25 submission at a general election and who has registered with
466	466	26 the Board as provided in this Act.
467	467
468	468
469	469
470	470
471	471
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473	473
474	474
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476	476	HB2225 - 13 - LRB103 25610 BMS 51959 b
477	477	1 5. "Opponents" means any person, association, committee,
478	478	2 organization or other group, or their designated
479	479	3 representatives, who oppose a statewide advisory question of
480	480	4 public policy or a proposed constitutional amendment for
481	481	5 submission at a general election and who have registered with
482	482	6 the Board as provided in this Act.
483	483	7 (Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15.)
484	484	8 (10 ILCS 5/28-11) (from Ch. 46, par. 28-11)
485	485	9 Sec. 28-11. The Board shall design a standard and
486	486	10 scientific random sampling method for the verification of
487	487	11 petition signatures for statewide advisory referenda and shall
488	488	12 conduct a public test to prove the validity of its sampling
489	489	13 method. Notice of the time and place for such test shall be
490	490	14 given at least 10 days before the date on which such test is to
491	491	15 be conducted and in the manner prescribed for notice of
492	492	16 regular Board meetings. Signatures on petitions for
493	493	17 constitutional amendments initiated pursuant to Article XIV,
494	494	18 Section 3 of the Illinois Constitution or statewide advisory
495	495	19 referenda need not be segregated by election jurisdiction. The
496	496	20 Board shall design a an alternative signature verification
497	497	21 method using random sampling for referenda initiated pursuant
498	498	22 to Article XIV, Section 3 of the Illinois Constitution and
499	499	23 statewide advisory referenda.
500	500	24 The Within 14 business days following the last day for the
501	501	25 filing of the original petition as prescribed in Section 28-9,
502	502
503	503
504	504
505	505
506	506
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508	508
509	509
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512	512	1 the Board shall apply its proven random sampling method to the
513	513	2 petition sheets in each election jurisdiction section for the
514	514	3 purpose of selecting and identifying the petition signatures
515	515	4 to be included in the sample signature verification to be
516	516	5 conducted by the Board. for the respective jurisdictions and
517	517	6 shall prepare and transmit to each proper election authority a
518	518	7 list by page and line number of the signatures from its
519	519	8 election jurisdiction selected for verification.
520	520	9 For each election jurisdiction, the sample verification
521	521	10 shall include an examination of either (a) 10% of the
522	522	11 signatures if 5,010 or more signatures are involved; or (b)
523	523	12 500 signatures if more than 500 but less than 5,010 signatures
524	524	13 are involved; or (c) all signatures if 500 or less signatures
525	525	14 are involved.
526	526	15 The State Board of Elections Each election authority with
527	527	16 whom jurisdictional copies of petition sheets were filed shall
528	528	17 determine the validity use the proven random sampling method
529	529	18 designed and furnished by the Board for the verification of
530	530	19 those signatures contained in the sample shown on the list
531	531	20 supplied by the Board and in accordance with the following
532	532	21 criteria for determination of petition signature validity:
533	533	22 1. Determine if the person who signed the petition is
534	534	23 a registered voter in that election jurisdiction or was a
535	535	24 registered voter therein on the date the petition was
536	536	25 signed;
537	537	26 2. Determine if the signature of the person who signed
538	538
539	539
540	540
541	541
542	542
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544	544
545	545
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548	548	1 the petition reasonably compares with the signature shown
549	549	2 on that person's registration record card.
550	550	3 The Board may adopt rules, as necessary, to implement the
551	551	4 provisions of this Section.
552	552	5 Within 14 business days following receipt from the Board
553	553	6 of the list of signatures for verification, each election
554	554	7 authority shall transmit a properly dated certificate to the
555	555	8 Board which shall indicate; (a) the page and line number of
556	556	9 petition signatures examined, (b) the validity or invalidity
557	557	10 of such signatures, and (c) the reasons for invalidity, based
558	558	11 on the criteria heretofore prescribed. The Board shall prepare
559	559	12 and adopt a standard form of certificate for use by the
560	560	13 election authorities which shall be transmitted with the list
561	561	14 of signatures for verification.
562	562	15 Upon written request of the election authority that, due
563	563	16 to the volume of signatures in the sample for its
564	564	17 jurisdiction, additional time is needed to properly perform
565	565	18 the signature verification, the Board may grant the election
566	566	19 authority additional days to complete the verification and
567	567	20 transmit the certificate of results. These certificates of
568	568	21 random sample verification results shall be available for
569	569	22 public inspection within 24 hours after receipt by the State
570	570	23 Board of Elections.
571	571	24 (Source: P.A. 97-81, eff. 7-5-11.)
572	572	25 (10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
573	573
574	574
575	575
576	576
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579	579
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583	583	1 Sec. 28-12. Upon completion of the signature verification
584	584	2 for referenda initiated pursuant to Article XIV, Section 3 of
585	585	3 the Illinois Constitution and statewide advisory referenda,
586	586	4 Upon receipt of the certificates of the election authorities
587	587	5 showing the results of the sample signature verification, the
588	588	6 Board shall:
589	589	7 1. Based on the sample of signatures examined,
590	590	8 calculate the ratio of invalid and or valid signatures in
591	591	9 each election jurisdiction.
592	592	10 2. Apply the ratio of invalid to valid signatures in
593	593	11 an election jurisdiction sample to the total number of
594	594	12 petition signatures submitted on the petition from that
595	595	13 election jurisdiction.
596	596	14 3. Compute the degree of multiple signature
597	597	15 contamination in each election jurisdiction sample.
598	598	16 4. Adjusting Adjust for multiple signature
599	599	17 contamination and the number of invalid signatures,
600	600	18 project the total number of valid petition signatures
601	601	19 submitted from each election jurisdiction.
602	602	20 5. (Blank). Aggregate the total number of projected
603	603	21 valid signatures from each election jurisdiction and
604	604	22 project the total number of valid signatures on the
605	605	23 petition statewide.
606	606	24 If such statewide projection establishes a total number of
607	607	25 valid petition signatures less not greater than 95.0% of the
608	608	26 minimum number of signatures required to qualify the proposed
609	609
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612	612
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619	619	1 statewide advisory public question for the ballot, the
620	620	2 petition shall be presumed invalid; provided that, prior to
621	621	3 the last day for ballot certification for the general
622	622	4 election, the Board shall conduct a hearing for the purpose of
623	623	5 allowing the proponents to present competent evidence or an
624	624	6 additional sample to rebut the presumption of invalidity. At
625	625	7 the conclusion of such hearing, and after the resolution of
626	626	8 any specific objection filed pursuant to Section 10-8 of this
627	627	9 Code, the Board shall issue a final order declaring the
628	628	10 petition to be valid or invalid and shall, in accordance with
629	629	11 its order, certify or not certify the proposition for the
630	630	12 ballot.
631	631	13 If such statewide projection establishes a total number of
632	632	14 valid petition signatures greater than 95.0% of the minimum
633	633	15 number of signatures required to qualify the proposed
634	634	16 Constitutional amendment or statewide advisory public question
635	635	17 for the ballot, the results of the sample shall be considered
636	636	18 inconclusive and, if no specific objections to the petition
637	637	19 are filed pursuant to Section 10-8 of this Code, the Board
638	638	20 shall issue a final order declaring the petition to be valid
639	639	21 and shall certify the proposition for the ballot.
640	640	22 In either event, the Board shall append to its final order
641	641	23 the detailed results of the sample from each election
642	642	24 jurisdiction which shall include: (a) specific page and line
643	643	25 numbers of signatures actually verified or determined to be
644	644	26 invalid by the respective election authorities, and (b) the
645	645
646	646
647	647
648	648
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651	651
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655	655	1 calculations and projections performed by the Board for each
656	656	2 election jurisdiction.
657	657	3 (Source: P.A. 97-81, eff. 7-5-11.)
658	658	4 (10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
659	659	5 Sec. 28-13. Each political party and civic organization as
660	660	6 well as the registered proponents and opponents of a petition
661	661	7 for an amendment to Article IV of the Constitution pursuant to
662	662	8 Section 3 of Article XIV of the Constitution, or a proposed
663	663	9 statewide advisory public question shall be entitled to one
664	664	10 watcher in the office of the election authority to observe the
665	665	11 conduct of the sample signature verification and participate
666	666	12 in any proceedings related thereto. However, in those election
667	667	13 jurisdictions where a 10% sample is required, the proponents
668	668	14 and opponents may appoint no more than 5 assistant watchers in
669	669	15 addition to the 1 principal watcher permitted herein.
670	670	16 Within 7 days following the last day for filing of the
671	671	17 original petition, the proponents and opponents shall certify
672	672	18 in writing to the Board that they publicly support or oppose
673	673	19 the proposed statewide advisory public question. The
674	674	20 proponents and opponents of such questions shall register the
675	675	21 name and address of its group and the name and address of its
676	676	22 chair and designated agent for acceptance of service of
677	677	23 notices with the Board. Thereupon, the Board shall prepare a
678	678	24 list of the registered proponents and opponents and shall
679	679	25 adopt a standard proponents' and opponents' watcher credential
680	680
681	681
682	682
683	683
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686	686
687	687
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690	690	1 form. A copy of such list and sufficient copies of such
691	691	2 credentials shall be transmitted with the list for the sample
692	692	3 signature verification to the appropriate election
693	693	4 authorities. Those election authorities shall issue
694	694	5 credentials to the permissible number of watchers for each
695	695	6 proponent and opponent group; provided, however, that a
696	696	7 prospective watcher shall first present to the election
697	697	8 authority a letter of authorization signed by the chair of the
698	698	9 proponent or opponent group he or she represents.
699	699	10 Political party and qualified civic organization watcher
700	700	11 credentials shall be substantially in the form and shall be
701	701	12 authorized in the manner prescribed in Section 7-34 of this
702	702	13 Code.
703	703	14 The rights and limitations of pollwatchers as prescribed
704	704	15 by Section 7-34 of this Code, insofar as they may be made
705	705	16 applicable, shall be applicable to watchers at the conduct of
706	706	17 the sample signature verification.
707	707	18 The principal watcher for the proponents and opponents may
708	708	19 make signed written objections to the Board relating to
709	709	20 procedures observed during the conduct of the sample signature
710	710	21 verification which could materially affect the results of the
711	711	22 sample. Such written objections shall be presented to the
712	712	23 election authority and a copy mailed to the Board and shall be
713	713	24 attached to the certificate of sample results transmitted by
714	714	25 the election authority to the Board.
715	715	26 (Source: P.A. 100-1027, eff. 1-1-19.)
716	716
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726	726	1 Section 99. Effective date. This Act takes effect upon
727	727	2 becoming law.
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