Illinois 2023-2024 Regular Session

Illinois House Bill HB3073 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3073 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-10 from Ch. 46, par. 10-10 Amends the Election Code. In provisions relating to the receipt of the certificate of nomination, nomination papers, or proposed question of public policy and an objector's petition by the electoral board, provides that the chair of the electoral board shall also send a call (as well as a certified copy of its ruling with other specified documents) by registered or certified mail to the election authority to whom the ballot is certified and to the appropriate county clerk (currently, the call needs to be sent to: each of the members of the electoral board; the objector who filed the objector's petition; and either the candidate whose certificate of nomination or nomination papers are objected to or the principal proponent or attorney for proponents of a question of public policy, as the case may be, whose petitions are objected to). LRB103 26250 BMS 52610 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3073 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/10-10 from Ch. 46, par. 10-10 Amends the Election Code. In provisions relating to the receipt of the certificate of nomination, nomination papers, or proposed question of public policy and an objector's petition by the electoral board, provides that the chair of the electoral board shall also send a call (as well as a certified copy of its ruling with other specified documents) by registered or certified mail to the election authority to whom the ballot is certified and to the appropriate county clerk (currently, the call needs to be sent to: each of the members of the electoral board; the objector who filed the objector's petition; and either the candidate whose certificate of nomination or nomination papers are objected to or the principal proponent or attorney for proponents of a question of public policy, as the case may be, whose petitions are objected to). LRB103 26250 BMS 52610 b LRB103 26250 BMS 52610 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3073 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/10-10 from Ch. 46, par. 10-10
4	4	10 ILCS 5/10-10 from Ch. 46, par. 10-10
5	5	Amends the Election Code. In provisions relating to the receipt of the certificate of nomination, nomination papers, or proposed question of public policy and an objector's petition by the electoral board, provides that the chair of the electoral board shall also send a call (as well as a certified copy of its ruling with other specified documents) by registered or certified mail to the election authority to whom the ballot is certified and to the appropriate county clerk (currently, the call needs to be sent to: each of the members of the electoral board; the objector who filed the objector's petition; and either the candidate whose certificate of nomination or nomination papers are objected to or the principal proponent or attorney for proponents of a question of public policy, as the case may be, whose petitions are objected to).
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8	8	A BILL FOR
9	9	HB3073LRB103 26250 BMS 52610 b HB3073 LRB103 26250 BMS 52610 b
10	10	HB3073 LRB103 26250 BMS 52610 b
11	11	1 AN ACT concerning elections.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Election Code is amended by changing
15	15	5 Section 10-10 as follows:
16	16	6 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
17	17	7 Sec. 10-10. Within 24 hours after the receipt of the
18	18	8 certificate of nomination or nomination papers or proposed
19	19	9 question of public policy, as the case may be, and the
20	20	10 objector's petition, the chair of the electoral board other
21	21	11 than the State Board of Elections shall send a call by
22	22	12 registered or certified mail: to each of the members of the
23	23	13 electoral board; , and to the objector who filed the objector's
24	24	14 petition; , and either to the candidate whose certificate of
25	25	15 nomination or nomination papers are objected to or to the
26	26	16 principal proponent or attorney for proponents of a question
27	27	17 of public policy, as the case may be, whose petitions are
28	28	18 objected to; to the election authority to whom the ballot is
29	29	19 certified; and to the appropriate county clerk. The chair of
30	30	20 the electoral board other than the State Board of Elections ,
31	31	21 and shall also cause the sheriff of the county or counties in
32	32	22 which such officers and persons reside to serve a copy of such
33	33	23 call upon each of such officers and persons, which call shall
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3073 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
38	38	10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/10-10 from Ch. 46, par. 10-10
39	39	10 ILCS 5/10-10 from Ch. 46, par. 10-10
40	40	Amends the Election Code. In provisions relating to the receipt of the certificate of nomination, nomination papers, or proposed question of public policy and an objector's petition by the electoral board, provides that the chair of the electoral board shall also send a call (as well as a certified copy of its ruling with other specified documents) by registered or certified mail to the election authority to whom the ballot is certified and to the appropriate county clerk (currently, the call needs to be sent to: each of the members of the electoral board; the objector who filed the objector's petition; and either the candidate whose certificate of nomination or nomination papers are objected to or the principal proponent or attorney for proponents of a question of public policy, as the case may be, whose petitions are objected to).
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43	43	A BILL FOR
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49	49	10 ILCS 5/10-10 from Ch. 46, par. 10-10
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68	68	1 set out the fact that the electoral board is required to meet
69	69	2 to hear and pass upon the objections to nominations made for
70	70	3 the office, designating it, and shall state the day, hour and
71	71	4 place at which the electoral board shall meet for the purpose,
72	72	5 which place shall be in the county court house in the county in
73	73	6 the case of the County Officers Electoral Board, the Municipal
74	74	7 Officers Electoral Board, the Township Officers Electoral
75	75	8 Board or the Education Officers Electoral Board, except that
76	76	9 the Municipal Officers Electoral Board, the Township Officers
77	77	10 Electoral Board, and the Education Officers Electoral Board
78	78	11 may meet at the location where the governing body of the
79	79	12 municipality, township, or community college district,
80	80	13 respectively, holds its regularly scheduled meetings, if that
81	81	14 location is available; provided that voter records may be
82	82	15 removed from the offices of an election authority only at the
83	83	16 discretion and under the supervision of the election
84	84	17 authority. In those cases where the State Board of Elections
85	85	18 is the electoral board designated under Section 10-9, the
86	86	19 chair of the State Board of Elections shall, within 24 hours
87	87	20 after the receipt of the certificate of nomination or
88	88	21 nomination papers or petitions for a proposed amendment to
89	89	22 Article IV of the Constitution or proposed statewide question
90	90	23 of public policy, send a call by registered or certified mail
91	91	24 to the objector who files the objector's petition, and either
92	92	25 to the candidate whose certificate of nomination or nomination
93	93	26 papers are objected to or to the principal proponent or
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104	104	1 attorney for proponents of the proposed Constitutional
105	105	2 amendment or statewide question of public policy and shall
106	106	3 state the day, hour, and place at which the electoral board
107	107	4 shall meet for the purpose, which place may be in the Capitol
108	108	5 Building or in the principal or permanent branch office of the
109	109	6 State Board. The day of the meeting shall not be less than 3
110	110	7 nor more than 5 days after the receipt of the certificate of
111	111	8 nomination or nomination papers and the objector's petition by
112	112	9 the chair of the electoral board.
113	113	10 The electoral board shall have the power to administer
114	114	11 oaths and to subpoena and examine witnesses and, at the
115	115	12 request of either party and only upon a vote by a majority of
116	116	13 its members, may authorize the chair to issue subpoenas
117	117	14 requiring the attendance of witnesses and subpoenas duces
118	118	15 tecum requiring the production of such books, papers, records
119	119	16 and documents as may be evidence of any matter under inquiry
120	120	17 before the electoral board, in the same manner as witnesses
121	121	18 are subpoenaed in the Circuit Court.
122	122	19 Service of such subpoenas shall be made by any sheriff or
123	123	20 other person in the same manner as in cases in such court and
124	124	21 the fees of such sheriff shall be the same as is provided by
125	125	22 law, and shall be paid by the objector or candidate who causes
126	126	23 the issuance of the subpoena. In case any person so served
127	127	24 shall knowingly neglect or refuse to obey any such subpoena,
128	128	25 or to testify, the electoral board shall at once file a
129	129	26 petition in the circuit court of the county in which such
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140	140	1 hearing is to be heard, or has been attempted to be heard,
141	141	2 setting forth the facts, of such knowing refusal or neglect,
142	142	3 and accompanying the petition with a copy of the citation and
143	143	4 the answer, if one has been filed, together with a copy of the
144	144	5 subpoena and the return of service thereon, and shall apply
145	145	6 for an order of court requiring such person to attend and
146	146	7 testify, and forthwith produce books and papers, before the
147	147	8 electoral board. Any circuit court of the state, excluding the
148	148	9 judge who is sitting on the electoral board, upon such showing
149	149	10 shall order such person to appear and testify, and to
150	150	11 forthwith produce such books and papers, before the electoral
151	151	12 board at a place to be fixed by the court. If such person shall
152	152	13 knowingly fail or refuse to obey such order of the court
153	153	14 without lawful excuse, the court shall punish him or her by
154	154	15 fine and imprisonment, as the nature of the case may require
155	155	16 and may be lawful in cases of contempt of court.
156	156	17 The electoral board on the first day of its meeting shall
157	157	18 adopt rules of procedure for the introduction of evidence and
158	158	19 the presentation of arguments and may, in its discretion,
159	159	20 provide for the filing of briefs by the parties to the
160	160	21 objection or by other interested persons.
161	161	22 In the event of a State Electoral Board hearing on
162	162	23 objections to a petition for an amendment to Article IV of the
163	163	24 Constitution pursuant to Section 3 of Article XIV of the
164	164	25 Constitution, or to a petition for a question of public policy
165	165	26 to be submitted to the voters of the entire State, the
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176	176	1 certificates of the county clerks and boards of election
177	177	2 commissioners showing the results of the random sample of
178	178	3 signatures on the petition shall be prima facie valid and
179	179	4 accurate, and shall be presumed to establish the number of
180	180	5 valid and invalid signatures on the petition sheets reviewed
181	181	6 in the random sample, as prescribed in Section 28-11 and 28-12
182	182	7 of this Code. Either party, however, may introduce evidence at
183	183	8 such hearing to dispute the findings as to particular
184	184	9 signatures. In addition to the foregoing, in the absence of
185	185	10 competent evidence presented at such hearing by a party
186	186	11 substantially challenging the results of a random sample, or
187	187	12 showing a different result obtained by an additional sample,
188	188	13 this certificate of a county clerk or board of election
189	189	14 commissioners shall be presumed to establish the ratio of
190	190	15 valid to invalid signatures within the particular election
191	191	16 jurisdiction.
192	192	17 The electoral board shall take up the question as to
193	193	18 whether or not the certificate of nomination or nomination
194	194	19 papers or petitions are in proper form, and whether or not they
195	195	20 were filed within the time and under the conditions required
196	196	21 by law, and whether or not they are the genuine certificate of
197	197	22 nomination or nomination papers or petitions which they
198	198	23 purport to be, and whether or not in the case of the
199	199	24 certificate of nomination in question it represents accurately
200	200	25 the decision of the caucus or convention issuing it, and in
201	201	26 general shall decide whether or not the certificate of
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212	212	1 nomination or nominating papers or petitions on file are valid
213	213	2 or whether the objections thereto should be sustained and the
214	214	3 decision of a majority of the electoral board shall be final
215	215	4 subject to judicial review as provided in Section 10-10.1. The
216	216	5 electoral board must state its findings in writing and must
217	217	6 state in writing which objections, if any, it has sustained. A
218	218	7 copy of the decision shall be served upon the parties to the
219	219	8 proceedings in open proceedings before the electoral board. If
220	220	9 a party does not appear for receipt of the decision, the
221	221	10 decision shall be deemed to have been served on the absent
222	222	11 party on the date when a copy of the decision is personally
223	223	12 delivered or on the date when a copy of the decision is
224	224	13 deposited in the United States mail, in a sealed envelope or
225	225	14 package, with postage prepaid, addressed to each party
226	226	15 affected by the decision or to such party's attorney of
227	227	16 record, if any, at the address on record for such person in the
228	228	17 files of the electoral board.
229	229	18 Upon the expiration of the period within which a
230	230	19 proceeding for judicial review must be commenced under Section
231	231	20 10-10.1, the electoral board shall, unless a proceeding for
232	232	21 judicial review has been commenced within such period,
233	233	22 transmit, by registered or certified mail, a certified copy of
234	234	23 its ruling, together with the original certificate of
235	235	24 nomination or nomination papers or petitions and the original
236	236	25 objector's petition, to the officer or board with whom the
237	237	26 certificate of nomination or nomination papers or petitions,
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248	248	1 as objected to, were on file and to the election authority to
249	249	2 whom the ballot is certified or the appropriate county clerk,
250	250	3 and such officer or board shall abide by and comply with the
251	251	4 ruling so made to all intents and purposes.
252	252	5 (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16;
253	253	6 100-1027, eff. 1-1-19.)
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