Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1652 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 SB1652 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-8 from Ch. 46, par. 10-8 10 ILCS 5/10-10 from Ch. 46, par. 10-10 Amends the Election Code. In provisions concerning petitions for nomination and submission of public questions, provides that by signing an objector's petition, the objector certifies that the petition is not being presented for any improper purpose, the objections are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, and the factual contentions have evidentiary support. Provides that the electoral board that hears the objection may impose an appropriate sanction on the objectors or their legal counsel for any false certification, including a monetary sanction payable to the county clerk, the opposing parties, or both the county clerk and the opposing parties. In provisions concerning electoral board review of petitions, provides that the nomination papers of a candidate shall be deemed invalid and a candidate's name shall not appear on the ballot if he or she is found to have personally engaged in material fraud or a pattern of fraud in connection with the nominating papers. LRB103 25886 BMS 52237 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1652 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-8 from Ch. 46, par. 10-8 10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/10-8 from Ch. 46, par. 10-8 10 ILCS 5/10-10 from Ch. 46, par. 10-10 Amends the Election Code. In provisions concerning petitions for nomination and submission of public questions, provides that by signing an objector's petition, the objector certifies that the petition is not being presented for any improper purpose, the objections are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, and the factual contentions have evidentiary support. Provides that the electoral board that hears the objection may impose an appropriate sanction on the objectors or their legal counsel for any false certification, including a monetary sanction payable to the county clerk, the opposing parties, or both the county clerk and the opposing parties. In provisions concerning electoral board review of petitions, provides that the nomination papers of a candidate shall be deemed invalid and a candidate's name shall not appear on the ballot if he or she is found to have personally engaged in material fraud or a pattern of fraud in connection with the nominating papers. LRB103 25886 BMS 52237 b LRB103 25886 BMS 52237 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1652 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/10-8 from Ch. 46, par. 10-8 10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/10-8 from Ch. 46, par. 10-8 10 ILCS 5/10-10 from Ch. 46, par. 10-10
4	4	10 ILCS 5/10-8 from Ch. 46, par. 10-8
5	5	10 ILCS 5/10-10 from Ch. 46, par. 10-10
6	6	Amends the Election Code. In provisions concerning petitions for nomination and submission of public questions, provides that by signing an objector's petition, the objector certifies that the petition is not being presented for any improper purpose, the objections are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, and the factual contentions have evidentiary support. Provides that the electoral board that hears the objection may impose an appropriate sanction on the objectors or their legal counsel for any false certification, including a monetary sanction payable to the county clerk, the opposing parties, or both the county clerk and the opposing parties. In provisions concerning electoral board review of petitions, provides that the nomination papers of a candidate shall be deemed invalid and a candidate's name shall not appear on the ballot if he or she is found to have personally engaged in material fraud or a pattern of fraud in connection with the nominating papers.
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9	9	A BILL FOR
10	10	SB1652LRB103 25886 BMS 52237 b SB1652 LRB103 25886 BMS 52237 b
11	11	SB1652 LRB103 25886 BMS 52237 b
12	12	1 AN ACT concerning elections.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Election Code is amended by changing
16	16	5 Sections 10-8 and 10-10 as follows:
17	17	6 (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
18	18	7 Sec. 10-8. Except as otherwise provided in this Code,
19	19	8 certificates of nomination and nomination papers, and
20	20	9 petitions to submit public questions to a referendum, being
21	21	10 filed as required by this Code, and being in apparent
22	22	11 conformity with the provisions of this Act, shall be deemed to
23	23	12 be valid unless objection thereto is duly made in writing
24	24	13 within 5 business days after the last day for filing the
25	25	14 certificate of nomination or nomination papers or petition for
26	26	15 a public question, with the following exceptions:
27	27	16 A. In the case of petitions to amend Article IV of the
28	28	17 Constitution of the State of Illinois, there shall be a
29	29	18 period of 35 business days after the last day for the
30	30	19 filing of such petitions in which objections can be filed.
31	31	20 B. In the case of petitions for advisory questions of
32	32	21 public policy to be submitted to the voters of the entire
33	33	22 State, there shall be a period of 35 business days after
34	34	23 the last day for the filing of such petitions in which
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1652 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
39	39	10 ILCS 5/10-8 from Ch. 46, par. 10-8 10 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/10-8 from Ch. 46, par. 10-8 10 ILCS 5/10-10 from Ch. 46, par. 10-10
40	40	10 ILCS 5/10-8 from Ch. 46, par. 10-8
41	41	10 ILCS 5/10-10 from Ch. 46, par. 10-10
42	42	Amends the Election Code. In provisions concerning petitions for nomination and submission of public questions, provides that by signing an objector's petition, the objector certifies that the petition is not being presented for any improper purpose, the objections are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, and the factual contentions have evidentiary support. Provides that the electoral board that hears the objection may impose an appropriate sanction on the objectors or their legal counsel for any false certification, including a monetary sanction payable to the county clerk, the opposing parties, or both the county clerk and the opposing parties. In provisions concerning electoral board review of petitions, provides that the nomination papers of a candidate shall be deemed invalid and a candidate's name shall not appear on the ballot if he or she is found to have personally engaged in material fraud or a pattern of fraud in connection with the nominating papers.
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45	45	A BILL FOR
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51	51	10 ILCS 5/10-8 from Ch. 46, par. 10-8
52	52	10 ILCS 5/10-10 from Ch. 46, par. 10-10
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71	71	1 objections can be filed.
72	72	2 Any legal voter of the political subdivision or district
73	73	3 in which the candidate or public question is to be voted on, or
74	74	4 any legal voter in the State in the case of a proposed
75	75	5 amendment to Article IV of the Constitution or an advisory
76	76	6 public question to be submitted to the voters of the entire
77	77	7 State, having objections to any certificate of nomination or
78	78	8 nomination papers or petitions filed, shall file an objector's
79	79	9 petition together with 2 copies thereof in the principal
80	80	10 office or the permanent branch office of the State Board of
81	81	11 Elections, or in the office of the election authority or local
82	82	12 election official with whom the certificate of nomination,
83	83	13 nomination papers or petitions are on file. Objection
84	84	14 petitions that do not include 2 copies thereof, shall not be
85	85	15 accepted. In the case of nomination papers or certificates of
86	86	16 nomination, the State Board of Elections, election authority
87	87	17 or local election official shall note the day and hour upon
88	88	18 which such objector's petition is filed, and shall, not later
89	89	19 than 12:00 noon on the second business day after receipt of the
90	90	20 petition, transmit by registered mail or receipted personal
91	91	21 delivery the certificate of nomination or nomination papers
92	92	22 and the original objector's petition to the chair of the
93	93	23 proper electoral board designated in Section 10-9 hereof, or
94	94	24 his authorized agent, and shall transmit a copy by registered
95	95	25 mail or receipted personal delivery of the objector's
96	96	26 petition, to the candidate whose certificate of nomination or
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107	107	1 nomination papers are objected to, addressed to the place of
108	108	2 residence designated in said certificate of nomination or
109	109	3 nomination papers. In the case of objections to a petition for
110	110	4 a proposed amendment to Article IV of the Constitution or for
111	111	5 an advisory public question to be submitted to the voters of
112	112	6 the entire State, the State Board of Elections shall note the
113	113	7 day and hour upon which such objector's petition is filed and
114	114	8 shall transmit a copy of the objector's petition by registered
115	115	9 mail or receipted personal delivery to the person designated
116	116	10 on a certificate attached to the petition as the principal
117	117	11 proponent of such proposed amendment or public question, or as
118	118	12 the proponents' attorney, for the purpose of receiving notice
119	119	13 of objections. In the case of objections to a petition for a
120	120	14 public question, to be submitted to the voters of a political
121	121	15 subdivision, or district thereof, the election authority or
122	122	16 local election official with whom such petition is filed shall
123	123	17 note the day and hour upon which such objector's petition was
124	124	18 filed, and shall, not later than 12:00 noon on the second
125	125	19 business day after receipt of the petition, transmit by
126	126	20 registered mail or receipted personal delivery the petition
127	127	21 for the public question and the original objector's petition
128	128	22 to the chair of the proper electoral board designated in
129	129	23 Section 10-9 hereof, or his authorized agent, and shall
130	130	24 transmit a copy by registered mail or receipted personal
131	131	25 delivery, of the objector's petition to the person designated
132	132	26 on a certificate attached to the petition as the principal
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143	143	1 proponent of the public question, or as the proponent's
144	144	2 attorney, for the purposes of receiving notice of objections.
145	145	3 The objector's petition shall give the objector's name and
146	146	4 residence address, and shall state fully the nature of the
147	147	5 objections to the certificate of nomination or nomination
148	148	6 papers or petitions in question, and shall state the interest
149	149	7 of the objector and shall state what relief is requested of the
150	150	8 electoral board. By signing the objector's petition, the
151	151	9 objector certifies that: (1) the petition is not being
152	152	10 presented for any improper purpose, such as to harass; (2) the
153	153	11 objections are warranted by existing law or by a nonfrivolous
154	154	12 argument for extending, modifying, or reversing existing law
155	155	13 or for establishing new law; and (3) the factual contentions
156	156	14 have evidentiary support. The electoral board that hears the
157	157	15 objection may impose an appropriate sanction on the objectors
158	158	16 or their legal counsel for any false certification, including
159	159	17 a monetary sanction payable to the county clerk, the opposing
160	160	18 parties, or both the county clerk and the opposing parties.
161	161	19 The provisions of this Section and of Sections 10-9, 10-10
162	162	20 and 10-10.1 shall also apply to and govern objections to
163	163	21 petitions for nomination filed under Article 7 or Article 8,
164	164	22 except as otherwise provided in Section 7-13 for cases to
165	165	23 which it is applicable, and also apply to and govern petitions
166	166	24 for the submission of public questions under Article 28.
167	167	25 (Source: P.A. 102-15, eff. 6-17-21.)
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178	178	1 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
179	179	2 Sec. 10-10. Within 24 hours after the receipt of the
180	180	3 certificate of nomination or nomination papers or proposed
181	181	4 question of public policy, as the case may be, and the
182	182	5 objector's petition, the chair of the electoral board other
183	183	6 than the State Board of Elections shall send a call by
184	184	7 registered or certified mail to each of the members of the
185	185	8 electoral board, and to the objector who filed the objector's
186	186	9 petition, and either to the candidate whose certificate of
187	187	10 nomination or nomination papers are objected to or to the
188	188	11 principal proponent or attorney for proponents of a question
189	189	12 of public policy, as the case may be, whose petitions are
190	190	13 objected to, and shall also cause the sheriff of the county or
191	191	14 counties in which such officers and persons reside to serve a
192	192	15 copy of such call upon each of such officers and persons, which
193	193	16 call shall set out the fact that the electoral board is
194	194	17 required to meet to hear and pass upon the objections to
195	195	18 nominations made for the office, designating it, and shall
196	196	19 state the day, hour and place at which the electoral board
197	197	20 shall meet for the purpose, which place shall be in the county
198	198	21 court house in the county in the case of the County Officers
199	199	22 Electoral Board, the Municipal Officers Electoral Board, the
200	200	23 Township Officers Electoral Board or the Education Officers
201	201	24 Electoral Board, except that the Municipal Officers Electoral
202	202	25 Board, the Township Officers Electoral Board, and the
203	203	26 Education Officers Electoral Board may meet at the location
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214	214	1 where the governing body of the municipality, township, or
215	215	2 community college district, respectively, holds its regularly
216	216	3 scheduled meetings, if that location is available; provided
217	217	4 that voter records may be removed from the offices of an
218	218	5 election authority only at the discretion and under the
219	219	6 supervision of the election authority. In those cases where
220	220	7 the State Board of Elections is the electoral board designated
221	221	8 under Section 10-9, the chair of the State Board of Elections
222	222	9 shall, within 24 hours after the receipt of the certificate of
223	223	10 nomination or nomination papers or petitions for a proposed
224	224	11 amendment to Article IV of the Constitution or proposed
225	225	12 statewide question of public policy, send a call by registered
226	226	13 or certified mail to the objector who files the objector's
227	227	14 petition, and either to the candidate whose certificate of
228	228	15 nomination or nomination papers are objected to or to the
229	229	16 principal proponent or attorney for proponents of the proposed
230	230	17 Constitutional amendment or statewide question of public
231	231	18 policy and shall state the day, hour, and place at which the
232	232	19 electoral board shall meet for the purpose, which place may be
233	233	20 in the Capitol Building or in the principal or permanent
234	234	21 branch office of the State Board. The day of the meeting shall
235	235	22 not be less than 3 nor more than 5 days after the receipt of
236	236	23 the certificate of nomination or nomination papers and the
237	237	24 objector's petition by the chair of the electoral board.
238	238	25 The electoral board shall have the power to administer
239	239	26 oaths and to subpoena and examine witnesses and, at the
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250	250	1 request of either party and only upon a vote by a majority of
251	251	2 its members, may authorize the chair to issue subpoenas
252	252	3 requiring the attendance of witnesses and subpoenas duces
253	253	4 tecum requiring the production of such books, papers, records
254	254	5 and documents as may be evidence of any matter under inquiry
255	255	6 before the electoral board, in the same manner as witnesses
256	256	7 are subpoenaed in the Circuit Court.
257	257	8 Service of such subpoenas shall be made by any sheriff or
258	258	9 other person in the same manner as in cases in such court and
259	259	10 the fees of such sheriff shall be the same as is provided by
260	260	11 law, and shall be paid by the objector or candidate who causes
261	261	12 the issuance of the subpoena. In case any person so served
262	262	13 shall knowingly neglect or refuse to obey any such subpoena,
263	263	14 or to testify, the electoral board shall at once file a
264	264	15 petition in the circuit court of the county in which such
265	265	16 hearing is to be heard, or has been attempted to be heard,
266	266	17 setting forth the facts, of such knowing refusal or neglect,
267	267	18 and accompanying the petition with a copy of the citation and
268	268	19 the answer, if one has been filed, together with a copy of the
269	269	20 subpoena and the return of service thereon, and shall apply
270	270	21 for an order of court requiring such person to attend and
271	271	22 testify, and forthwith produce books and papers, before the
272	272	23 electoral board. Any circuit court of the state, excluding the
273	273	24 judge who is sitting on the electoral board, upon such showing
274	274	25 shall order such person to appear and testify, and to
275	275	26 forthwith produce such books and papers, before the electoral
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286	286	1 board at a place to be fixed by the court. If such person shall
287	287	2 knowingly fail or refuse to obey such order of the court
288	288	3 without lawful excuse, the court shall punish him or her by
289	289	4 fine and imprisonment, as the nature of the case may require
290	290	5 and may be lawful in cases of contempt of court.
291	291	6 The electoral board on the first day of its meeting shall
292	292	7 adopt rules of procedure for the introduction of evidence and
293	293	8 the presentation of arguments and may, in its discretion,
294	294	9 provide for the filing of briefs by the parties to the
295	295	10 objection or by other interested persons.
296	296	11 In the event of a State Electoral Board hearing on
297	297	12 objections to a petition for an amendment to Article IV of the
298	298	13 Constitution pursuant to Section 3 of Article XIV of the
299	299	14 Constitution, or to a petition for a question of public policy
300	300	15 to be submitted to the voters of the entire State, the
301	301	16 certificates of the county clerks and boards of election
302	302	17 commissioners showing the results of the random sample of
303	303	18 signatures on the petition shall be prima facie valid and
304	304	19 accurate, and shall be presumed to establish the number of
305	305	20 valid and invalid signatures on the petition sheets reviewed
306	306	21 in the random sample, as prescribed in Section 28-11 and 28-12
307	307	22 of this Code. Either party, however, may introduce evidence at
308	308	23 such hearing to dispute the findings as to particular
309	309	24 signatures. In addition to the foregoing, in the absence of
310	310	25 competent evidence presented at such hearing by a party
311	311	26 substantially challenging the results of a random sample, or
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322	322	1 showing a different result obtained by an additional sample,
323	323	2 this certificate of a county clerk or board of election
324	324	3 commissioners shall be presumed to establish the ratio of
325	325	4 valid to invalid signatures within the particular election
326	326	5 jurisdiction.
327	327	6 The electoral board shall take up the question as to
328	328	7 whether or not the certificate of nomination or nomination
329	329	8 papers or petitions are in proper form, and whether or not they
330	330	9 were filed within the time and under the conditions required
331	331	10 by law, and whether or not they are the genuine certificate of
332	332	11 nomination or nomination papers or petitions which they
333	333	12 purport to be, and whether or not in the case of the
334	334	13 certificate of nomination in question it represents accurately
335	335	14 the decision of the caucus or convention issuing it, and in
336	336	15 general shall decide whether or not the certificate of
337	337	16 nomination or nominating papers or petitions on file are valid
338	338	17 or whether the objections thereto should be sustained and the
339	339	18 decision of a majority of the electoral board shall be final
340	340	19 subject to judicial review as provided in Section 10-10.1. The
341	341	20 nomination papers of a candidate shall be deemed invalid and a
342	342	21 candidate's name shall not appear on the ballot if he or she is
343	343	22 found to have personally engaged in material fraud or a
344	344	23 pattern of fraud in connection with the nominating papers. The
345	345	24 electoral board must state its findings in writing and must
346	346	25 state in writing which objections, if any, it has sustained. A
347	347	26 copy of the decision shall be served upon the parties to the
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358	358	1 proceedings in open proceedings before the electoral board. If
359	359	2 a party does not appear for receipt of the decision, the
360	360	3 decision shall be deemed to have been served on the absent
361	361	4 party on the date when a copy of the decision is personally
362	362	5 delivered or on the date when a copy of the decision is
363	363	6 deposited in the United States mail, in a sealed envelope or
364	364	7 package, with postage prepaid, addressed to each party
365	365	8 affected by the decision or to such party's attorney of
366	366	9 record, if any, at the address on record for such person in the
367	367	10 files of the electoral board.
368	368	11 Upon the expiration of the period within which a
369	369	12 proceeding for judicial review must be commenced under Section
370	370	13 10-10.1, the electoral board shall, unless a proceeding for
371	371	14 judicial review has been commenced within such period,
372	372	15 transmit, by registered or certified mail, a certified copy of
373	373	16 its ruling, together with the original certificate of
374	374	17 nomination or nomination papers or petitions and the original
375	375	18 objector's petition, to the officer or board with whom the
376	376	19 certificate of nomination or nomination papers or petitions,
377	377	20 as objected to, were on file, and such officer or board shall
378	378	21 abide by and comply with the ruling so made to all intents and
379	379	22 purposes.
380	380	23 (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16;
381	381	24 100-1027, eff. 1-1-19.)
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