Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2299 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 SB2299 Introduced 2/10/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-10 from Ch. 46, par. 10-10 Amends the Election Code. Provides that election authorities may authorize service of objections to candidate nominations through electronic mail instead of personal service if the election authority responsible for convening the electoral board requires candidates to provide an electronic mail address where notices of objections and electoral board proceedings may be sent electronically instead of through personal service, requires objectors to provide an electronic mail address where notices and electoral board proceedings may be sent electronically instead of through personal service, and publishes notice of its decision to authorize service of objections to candidate nominations through electronic mail on its website within 5 business days after the effective date of the amendatory Act. LRB103 28821 BMS 55206 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2299 Introduced 2/10/2023, by Sen. Julie A. Morrison 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. Provides that election authorities may authorize service of objections to candidate nominations through electronic mail instead of personal service if the election authority responsible for convening the electoral board requires candidates to provide an electronic mail address where notices of objections and electoral board proceedings may be sent electronically instead of through personal service, requires objectors to provide an electronic mail address where notices and electoral board proceedings may be sent electronically instead of through personal service, and publishes notice of its decision to authorize service of objections to candidate nominations through electronic mail on its website within 5 business days after the effective date of the amendatory Act. LRB103 28821 BMS 55206 b LRB103 28821 BMS 55206 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2299 Introduced 2/10/2023, by Sen. Julie A. Morrison 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. Provides that election authorities may authorize service of objections to candidate nominations through electronic mail instead of personal service if the election authority responsible for convening the electoral board requires candidates to provide an electronic mail address where notices of objections and electoral board proceedings may be sent electronically instead of through personal service, requires objectors to provide an electronic mail address where notices and electoral board proceedings may be sent electronically instead of through personal service, and publishes notice of its decision to authorize service of objections to candidate nominations through electronic mail on its website within 5 business days after the effective date of the amendatory Act.
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10	10	SB2299 LRB103 28821 BMS 55206 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, and shall also cause the sheriff of the county or
29	29	19 counties in which such officers and persons reside to serve a
30	30	20 copy of such call upon each of such officers and persons, which
31	31	21 call shall set out the fact that the electoral board is
32	32	22 required to meet to hear and pass upon the objections to
33	33	23 nominations made for the office, designating it, and shall
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2299 Introduced 2/10/2023, by Sen. Julie A. Morrison 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. Provides that election authorities may authorize service of objections to candidate nominations through electronic mail instead of personal service if the election authority responsible for convening the electoral board requires candidates to provide an electronic mail address where notices of objections and electoral board proceedings may be sent electronically instead of through personal service, requires objectors to provide an electronic mail address where notices and electoral board proceedings may be sent electronically instead of through personal service, and publishes notice of its decision to authorize service of objections to candidate nominations through electronic mail on its website within 5 business days after the effective date of the amendatory Act.
41	41	LRB103 28821 BMS 55206 b LRB103 28821 BMS 55206 b
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49	49	10 ILCS 5/10-10 from Ch. 46, par. 10-10
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68	68	1 state the day, hour and place at which the electoral board
69	69	2 shall meet for the purpose, which place shall be in the county
70	70	3 court house in the county in the case of the County Officers
71	71	4 Electoral Board, the Municipal Officers Electoral Board, the
72	72	5 Township Officers Electoral Board or the Education Officers
73	73	6 Electoral Board, except that the Municipal Officers Electoral
74	74	7 Board, the Township Officers Electoral Board, and the
75	75	8 Education Officers Electoral Board may meet at the location
76	76	9 where the governing body of the municipality, township, or
77	77	10 community college district, respectively, holds its regularly
78	78	11 scheduled meetings, if that location is available; provided
79	79	12 that voter records may be removed from the offices of an
80	80	13 election authority only at the discretion and under the
81	81	14 supervision of the election authority. In those cases where
82	82	15 the State Board of Elections is the electoral board designated
83	83	16 under Section 10-9, the chair of the State Board of Elections
84	84	17 shall, within 24 hours after the receipt of the certificate of
85	85	18 nomination or nomination papers or petitions for a proposed
86	86	19 amendment to Article IV of the Constitution or proposed
87	87	20 statewide question of public policy, send a call by registered
88	88	21 or certified mail to the objector who files the objector's
89	89	22 petition, and either to the candidate whose certificate of
90	90	23 nomination or nomination papers are objected to or to the
91	91	24 principal proponent or attorney for proponents of the proposed
92	92	25 Constitutional amendment or statewide question of public
93	93	26 policy and shall state the day, hour, and place at which the
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104	104	1 electoral board shall meet for the purpose, which place may be
105	105	2 in the Capitol Building or in the principal or permanent
106	106	3 branch office of the State Board. The day of the meeting shall
107	107	4 not be less than 3 nor more than 5 days after the receipt of
108	108	5 the certificate of nomination or nomination papers and the
109	109	6 objector's petition by the chair of the electoral board.
110	110	7 Election authorities may authorize service of objections
111	111	8 to candidate nominations through electronic mail instead of
112	112	9 personal service if the election authority responsible for
113	113	10 convening the electoral board:
114	114	11 (1) requires candidates to provide an electronic mail
115	115	12 address where notices of objections and electoral board
116	116	13 proceedings may be sent electronically instead of through
117	117	14 personal service;
118	118	15 (2) requires objectors to provide an electronic mail
119	119	16 address where notices and electoral board proceedings may
120	120	17 be sent electronically instead of through personal
121	121	18 service; and
122	122	19 (3) publishes notice of its decision to authorize
123	123	20 service of objections to candidate nominations through
124	124	21 electronic mail on its website within 5 business days
125	125	22 after the effective date of this amendatory Act of the
126	126	23 103rd General Assembly.
127	127	24 The electoral board shall have the power to administer
128	128	25 oaths and to subpoena and examine witnesses and, at the
129	129	26 request of either party and only upon a vote by a majority of
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140	140	1 its members, may authorize the chair to issue subpoenas
141	141	2 requiring the attendance of witnesses and subpoenas duces
142	142	3 tecum requiring the production of such books, papers, records
143	143	4 and documents as may be evidence of any matter under inquiry
144	144	5 before the electoral board, in the same manner as witnesses
145	145	6 are subpoenaed in the Circuit Court.
146	146	7 Service of such subpoenas shall be made by any sheriff or
147	147	8 other person in the same manner as in cases in such court and
148	148	9 the fees of such sheriff shall be the same as is provided by
149	149	10 law, and shall be paid by the objector or candidate who causes
150	150	11 the issuance of the subpoena. In case any person so served
151	151	12 shall knowingly neglect or refuse to obey any such subpoena,
152	152	13 or to testify, the electoral board shall at once file a
153	153	14 petition in the circuit court of the county in which such
154	154	15 hearing is to be heard, or has been attempted to be heard,
155	155	16 setting forth the facts, of such knowing refusal or neglect,
156	156	17 and accompanying the petition with a copy of the citation and
157	157	18 the answer, if one has been filed, together with a copy of the
158	158	19 subpoena and the return of service thereon, and shall apply
159	159	20 for an order of court requiring such person to attend and
160	160	21 testify, and forthwith produce books and papers, before the
161	161	22 electoral board. Any circuit court of the state, excluding the
162	162	23 judge who is sitting on the electoral board, upon such showing
163	163	24 shall order such person to appear and testify, and to
164	164	25 forthwith produce such books and papers, before the electoral
165	165	26 board at a place to be fixed by the court. If such person shall
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176	176	1 knowingly fail or refuse to obey such order of the court
177	177	2 without lawful excuse, the court shall punish him or her by
178	178	3 fine and imprisonment, as the nature of the case may require
179	179	4 and may be lawful in cases of contempt of court.
180	180	5 The electoral board on the first day of its meeting shall
181	181	6 adopt rules of procedure for the introduction of evidence and
182	182	7 the presentation of arguments and may, in its discretion,
183	183	8 provide for the filing of briefs by the parties to the
184	184	9 objection or by other interested persons.
185	185	10 In the event of a State Electoral Board hearing on
186	186	11 objections to a petition for an amendment to Article IV of the
187	187	12 Constitution pursuant to Section 3 of Article XIV of the
188	188	13 Constitution, or to a petition for a question of public policy
189	189	14 to be submitted to the voters of the entire State, the
190	190	15 certificates of the county clerks and boards of election
191	191	16 commissioners showing the results of the random sample of
192	192	17 signatures on the petition shall be prima facie valid and
193	193	18 accurate, and shall be presumed to establish the number of
194	194	19 valid and invalid signatures on the petition sheets reviewed
195	195	20 in the random sample, as prescribed in Section 28-11 and 28-12
196	196	21 of this Code. Either party, however, may introduce evidence at
197	197	22 such hearing to dispute the findings as to particular
198	198	23 signatures. In addition to the foregoing, in the absence of
199	199	24 competent evidence presented at such hearing by a party
200	200	25 substantially challenging the results of a random sample, or
201	201	26 showing a different result obtained by an additional sample,
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212	212	1 this certificate of a county clerk or board of election
213	213	2 commissioners shall be presumed to establish the ratio of
214	214	3 valid to invalid signatures within the particular election
215	215	4 jurisdiction.
216	216	5 The electoral board shall take up the question as to
217	217	6 whether or not the certificate of nomination or nomination
218	218	7 papers or petitions are in proper form, and whether or not they
219	219	8 were filed within the time and under the conditions required
220	220	9 by law, and whether or not they are the genuine certificate of
221	221	10 nomination or nomination papers or petitions which they
222	222	11 purport to be, and whether or not in the case of the
223	223	12 certificate of nomination in question it represents accurately
224	224	13 the decision of the caucus or convention issuing it, and in
225	225	14 general shall decide whether or not the certificate of
226	226	15 nomination or nominating papers or petitions on file are valid
227	227	16 or whether the objections thereto should be sustained and the
228	228	17 decision of a majority of the electoral board shall be final
229	229	18 subject to judicial review as provided in Section 10-10.1. The
230	230	19 electoral board must state its findings in writing and must
231	231	20 state in writing which objections, if any, it has sustained. A
232	232	21 copy of the decision shall be served upon the parties to the
233	233	22 proceedings in open proceedings before the electoral board. If
234	234	23 a party does not appear for receipt of the decision, the
235	235	24 decision shall be deemed to have been served on the absent
236	236	25 party on the date when a copy of the decision is personally
237	237	26 delivered or on the date when a copy of the decision is
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248	248	1 deposited in the United States mail, in a sealed envelope or
249	249	2 package, with postage prepaid, addressed to each party
250	250	3 affected by the decision or to such party's attorney of
251	251	4 record, if any, at the address on record for such person in the
252	252	5 files of the electoral board.
253	253	6 Upon the expiration of the period within which a
254	254	7 proceeding for judicial review must be commenced under Section
255	255	8 10-10.1, the electoral board shall, unless a proceeding for
256	256	9 judicial review has been commenced within such period,
257	257	10 transmit, by registered or certified mail, a certified copy of
258	258	11 its ruling, together with the original certificate of
259	259	12 nomination or nomination papers or petitions and the original
260	260	13 objector's petition, to the officer or board with whom the
261	261	14 certificate of nomination or nomination papers or petitions,
262	262	15 as objected to, were on file, and such officer or board shall
263	263	16 abide by and comply with the ruling so made to all intents and
264	264	17 purposes.
265	265	18 (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16;
266	266	19 100-1027, eff. 1-1-19.)
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