Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0497 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0497 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: 10 ILCS 77/1 Amends the Illinois Congressional Redistricting Act of 2011. Makes a technical change in a Section concerning the short title. LRB103 02948 AWJ 47954 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0497 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: 10 ILCS 77/1 10 ILCS 77/1 Amends the Illinois Congressional Redistricting Act of 2011. Makes a technical change in a Section concerning the short title. LRB103 02948 AWJ 47954 b LRB103 02948 AWJ 47954 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0497 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
	3	+	10 ILCS 77/1 10 ILCS 77/1
	4	+	10 ILCS 77/1
	5	+	Amends the Illinois Congressional Redistricting Act of 2011. Makes a technical change in a Section concerning the short title.
	6	+	LRB103 02948 AWJ 47954 b LRB103 02948 AWJ 47954 b
	7	+	LRB103 02948 AWJ 47954 b
	8	+	A BILL FOR
	9	+	SB0497LRB103 02948 AWJ 47954 b SB0497 LRB103 02948 AWJ 47954 b
	10	+	SB0497 LRB103 02948 AWJ 47954 b
3	11		1 AN ACT concerning elections.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6		-	4 Section 5. The Election Code is amended by changing
7		-	5 Section 10-10 as follows:
8		-	6 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
9		-	7 Sec. 10-10. Within 24 hours after the receipt of the
10		-	8 certificate of nomination or nomination papers or proposed
11		-	9 question of public policy, as the case may be, and the
12		-	10 objector's petition, the chair of the electoral board other
13		-	11 than the State Board of Elections shall send a call by
14		-	12 registered or certified mail: to each of the members of the
15		-	13 electoral board; to the objector who filed the objector's
16		-	14 petition; either to the candidate whose certificate of
17		-	15 nomination or nomination papers are objected to or to the
18		-	16 principal proponent or attorney for proponents of a question
19		-	17 of public policy, as the case may be, whose petitions are
20		-	18 objected to; to the election authority to whom the ballot is
21		-	19 certified; and to the appropriate county clerk. The chair of
22		-	20 the electoral board other than the State Board of Elections
23		-	21 shall also cause the sheriff of the county or counties in which
24		-	22 such officers and persons reside to serve a copy of such call
25		-	23 upon each of such officers and persons, which call shall set
	14	+	4 Section 5. The Illinois Congressional Redistricting Act of
	15	+	5 2011 is amended by changing Section 1 as follows:
	16	+	6 (10 ILCS 77/1)
	17	+	7 Sec. 1. Short title. This Act may be cited as the the
	18	+	8 Illinois Congressional Redistricting Act of 2011.
	19	+	9 (Source: P.A. 97-14, eff. 6-24-11.)
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34		-	1 out the fact that the electoral board is required to meet to
35		-	2 hear and pass upon the objections to nominations made for the
36		-	3 office, designating it, and shall state the day, hour and
37		-	4 place at which the electoral board shall meet for the purpose,
38		-	5 which place shall be in the county court house in the county in
39		-	6 the case of the County Officers Electoral Board, the Municipal
40		-	7 Officers Electoral Board, the Township Officers Electoral
41		-	8 Board or the Education Officers Electoral Board, except that
42		-	9 the Municipal Officers Electoral Board, the Township Officers
43		-	10 Electoral Board, and the Education Officers Electoral Board
44		-	11 may meet at the location where the governing body of the
45		-	12 municipality, township, or community college district,
46		-	13 respectively, holds its regularly scheduled meetings, if that
47		-	14 location is available; provided that voter records may be
48		-	15 removed from the offices of an election authority only at the
49		-	16 discretion and under the supervision of the election
50		-	17 authority. In those cases where the State Board of Elections
51		-	18 is the electoral board designated under Section 10-9, the
52		-	19 chair of the State Board of Elections shall, within 24 hours
53		-	20 after the receipt of the certificate of nomination or
54		-	21 nomination papers or petitions for a proposed amendment to
55		-	22 Article IV of the Constitution or proposed statewide question
56		-	23 of public policy, send a call by registered or certified mail
57		-	24 to the objector who files the objector's petition, and either
58		-	25 to the candidate whose certificate of nomination or nomination
59		-	26 papers are objected to or to the principal proponent or
	23	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0497 Introduced 2/2/2023, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
	24	+	10 ILCS 77/1 10 ILCS 77/1
	25	+	10 ILCS 77/1
	26	+	Amends the Illinois Congressional Redistricting Act of 2011. Makes a technical change in a Section concerning the short title.
	27	+	LRB103 02948 AWJ 47954 b LRB103 02948 AWJ 47954 b
	28	+	LRB103 02948 AWJ 47954 b
	29	+	A BILL FOR
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	35	+	10 ILCS 77/1
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70		-	1 attorney for proponents of the proposed Constitutional
71		-	2 amendment or statewide question of public policy and shall
72		-	3 state the day, hour, and place at which the electoral board
73		-	4 shall meet for the purpose, which place may be in the Capitol
74		-	5 Building or in the principal or permanent branch office of the
75		-	6 State Board. The day of the meeting shall not be less than 3
76		-	7 nor more than 5 days after the receipt of the certificate of
77		-	8 nomination or nomination papers and the objector's petition by
78		-	9 the chair of the electoral board.
79		-	10 The electoral board shall have the power to administer
80		-	11 oaths and to subpoena and examine witnesses and, at the
81		-	12 request of either party and only upon a vote by a majority of
82		-	13 its members, may authorize the chair to issue subpoenas
83		-	14 requiring the attendance of witnesses and subpoenas duces
84		-	15 tecum requiring the production of such books, papers, records
85		-	16 and documents as may be evidence of any matter under inquiry
86		-	17 before the electoral board, in the same manner as witnesses
87		-	18 are subpoenaed in the Circuit Court.
88		-	19 Service of such subpoenas shall be made by any sheriff or
89		-	20 other person in the same manner as in cases in such court and
90		-	21 the fees of such sheriff shall be the same as is provided by
91		-	22 law, and shall be paid by the objector or candidate who causes
92		-	23 the issuance of the subpoena. In case any person so served
93		-	24 shall knowingly neglect or refuse to obey any such subpoena,
94		-	25 or to testify, the electoral board shall at once file a
95		-	26 petition in the circuit court of the county in which such
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106		-	1 hearing is to be heard, or has been attempted to be heard,
107		-	2 setting forth the facts, of such knowing refusal or neglect,
108		-	3 and accompanying the petition with a copy of the citation and
109		-	4 the answer, if one has been filed, together with a copy of the
110		-	5 subpoena and the return of service thereon, and shall apply
111		-	6 for an order of court requiring such person to attend and
112		-	7 testify, and forthwith produce books and papers, before the
113		-	8 electoral board. Any circuit court of the state, excluding the
114		-	9 judge who is sitting on the electoral board, upon such showing
115		-	10 shall order such person to appear and testify, and to
116		-	11 forthwith produce such books and papers, before the electoral
117		-	12 board at a place to be fixed by the court. If such person shall
118		-	13 knowingly fail or refuse to obey such order of the court
119		-	14 without lawful excuse, the court shall punish him or her by
120		-	15 fine and imprisonment, as the nature of the case may require
121		-	16 and may be lawful in cases of contempt of court.
122		-	17 The electoral board on the first day of its meeting shall
123		-	18 adopt rules of procedure for the introduction of evidence and
124		-	19 the presentation of arguments and may, in its discretion,
125		-	20 provide for the filing of briefs by the parties to the
126		-	21 objection or by other interested persons.
127		-	22 In the event of a State Electoral Board hearing on
128		-	23 objections to a petition for an amendment to Article IV of the
129		-	24 Constitution pursuant to Section 3 of Article XIV of the
130		-	25 Constitution, or to a petition for a question of public policy
131		-	26 to be submitted to the voters of the entire State, the
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142		-	1 certificates of the county clerks and boards of election
143		-	2 commissioners showing the results of the random sample of
144		-	3 signatures on the petition shall be prima facie valid and
145		-	4 accurate, and shall be presumed to establish the number of
146		-	5 valid and invalid signatures on the petition sheets reviewed
147		-	6 in the random sample, as prescribed in Section 28-11 and 28-12
148		-	7 of this Code. Either party, however, may introduce evidence at
149		-	8 such hearing to dispute the findings as to particular
150		-	9 signatures. In addition to the foregoing, in the absence of
151		-	10 competent evidence presented at such hearing by a party
152		-	11 substantially challenging the results of a random sample, or
153		-	12 showing a different result obtained by an additional sample,
154		-	13 this certificate of a county clerk or board of election
155		-	14 commissioners shall be presumed to establish the ratio of
156		-	15 valid to invalid signatures within the particular election
157		-	16 jurisdiction.
158		-	17 The electoral board shall take up the question as to
159		-	18 whether or not the certificate of nomination or nomination
160		-	19 papers or petitions are in proper form, and whether or not they
161		-	20 were filed within the time and under the conditions required
162		-	21 by law, and whether or not they are the genuine certificate of
163		-	22 nomination or nomination papers or petitions which they
164		-	23 purport to be, and whether or not in the case of the
165		-	24 certificate of nomination in question it represents accurately
166		-	25 the decision of the caucus or convention issuing it, and in
167		-	26 general shall decide whether or not the certificate of
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178		-	1 nomination or nominating papers or petitions on file are valid
179		-	2 or whether the objections thereto should be sustained and the
180		-	3 decision of a majority of the electoral board shall be final
181		-	4 subject to judicial review as provided in Section 10-10.1. The
182		-	5 nomination papers of a candidate shall be deemed invalid and a
183		-	6 candidate's name shall not appear on the ballot if the
184		-	7 candidate is found to have personally engaged in material
185		-	8 fraud or a pattern of fraud in connection with the signatures
186		-	9 on the nominating papers or false swearing with respect to the
187		-	10 nominating papers. The electoral board must state its findings
188		-	11 in writing and must state in writing which objections, if any,
189		-	12 it has sustained. A copy of the decision shall be served upon
190		-	13 the parties to the proceedings in open proceedings before the
191		-	14 electoral board. If a party does not appear for receipt of the
192		-	15 decision, the decision shall be deemed to have been served on
193		-	16 the absent party on the date when a copy of the decision is
194		-	17 personally delivered or on the date when a copy of the decision
195		-	18 is deposited in the United States mail, in a sealed envelope or
196		-	19 package, with postage prepaid, addressed to each party
197		-	20 affected by the decision or to such party's attorney of
198		-	21 record, if any, at the address on record for such person in the
199		-	22 files of the electoral board.
200		-	23 Upon the expiration of the period within which a
201		-	24 proceeding for judicial review must be commenced under Section
202		-	25 10-10.1, the electoral board shall, unless a proceeding for
203		-	26 judicial review has been commenced within such period,
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