Illinois 2025-2026 Regular Session

Illinois House Bill HB2566 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2566 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-8 from Ch. 46, par. 10-810 ILCS 5/10-10 from Ch. 46, par. 10-10 Amends the Election Code. In provisions concerning the objection to specified election documents, adds references to declarations of intent to be a write-in-candidate. LRB104 11157 SPS 21239 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2566 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-8 from Ch. 46, par. 10-810 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 the objection to specified election documents, adds references to declarations of intent to be a write-in-candidate. LRB104 11157 SPS 21239 b LRB104 11157 SPS 21239 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2566 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/10-8 from Ch. 46, par. 10-810 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 the objection to specified election documents, adds references to declarations of intent to be a write-in-candidate.
7	7	LRB104 11157 SPS 21239 b LRB104 11157 SPS 21239 b
8	8	LRB104 11157 SPS 21239 b
9	9	A BILL FOR
10	10	HB2566LRB104 11157 SPS 21239 b HB2566 LRB104 11157 SPS 21239 b
11	11	HB2566 LRB104 11157 SPS 21239 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, declarations
20	20	9 of intent to be a write-in candidate, and petitions to submit
21	21	10 public questions to a referendum, being filed as required by
22	22	11 this Code, and being in apparent conformity with the
23	23	12 provisions of this Act, shall be deemed to be valid unless
24	24	13 objection thereto is duly made in writing within 5 business
25	25	14 days after the last day for filing the certificate of
26	26	15 nomination or nomination papers, declarations of intent to be
27	27	16 a write-in candidate, or petition for a public question, with
28	28	17 the following exceptions:
29	29	18 A. In the case of petitions to amend Article IV of the
30	30	19 Constitution of the State of Illinois, there shall be a
31	31	20 period of 35 business days after the last day for the
32	32	21 filing of such petitions in which objections can be filed.
33	33	22 B. In the case of petitions for advisory questions of
34	34	23 public policy to be submitted to the voters of the entire
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2566 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
39	39	10 ILCS 5/10-8 from Ch. 46, par. 10-810 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 the objection to specified election documents, adds references to declarations of intent to be a write-in-candidate.
43	43	LRB104 11157 SPS 21239 b LRB104 11157 SPS 21239 b
44	44	LRB104 11157 SPS 21239 b
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 State, there shall be a period of 35 business days after
72	72	2 the last day for the filing of such petitions in which
73	73	3 objections can be filed.
74	74	4 Any legal voter of the political subdivision or district
75	75	5 in which the candidate or public question is to be voted on, or
76	76	6 any legal voter in the State in the case of a proposed
77	77	7 amendment to Article IV of the Constitution or an advisory
78	78	8 public question to be submitted to the voters of the entire
79	79	9 State, having objections to any certificate of nomination or
80	80	10 nomination papers, declarations of intent to be a write-in
81	81	11 candidate, or petitions filed, shall file an objector's
82	82	12 petition together with 2 copies thereof in the principal
83	83	13 office or the permanent branch office of the State Board of
84	84	14 Elections, or in the office of the election authority or local
85	85	15 election official with whom the certificate of nomination,
86	86	16 nomination papers, declarations of intent to be a write-in
87	87	17 candidate, or petitions are on file. Objection petitions that
88	88	18 do not include 2 copies thereof, shall not be accepted. In the
89	89	19 case of nomination papers or certificates of nomination, the
90	90	20 State Board of Elections, election authority or local election
91	91	21 official shall note the day and hour upon which such
92	92	22 objector's petition is filed, and shall, not later than 12:00
93	93	23 noon on the second business day after receipt of the petition,
94	94	24 transmit by registered mail or receipted personal delivery the
95	95	25 certificate of nomination or nomination papers and the
96	96	26 original objector's petition to the chair of the proper
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107	107	1 electoral board designated in Section 10-9 hereof, or his
108	108	2 authorized agent, and shall transmit a copy by registered mail
109	109	3 or receipted personal delivery of the objector's petition, to
110	110	4 the candidate whose certificate of nomination or nomination
111	111	5 papers or declaration of intent to be a write-in candidate are
112	112	6 objected to, addressed to the place of residence designated in
113	113	7 said certificate of nomination or nomination papers or
114	114	8 declaration of intent to be a write-in candidate. In the case
115	115	9 of objections to a petition for a proposed amendment to
116	116	10 Article IV of the Constitution or for an advisory public
117	117	11 question to be submitted to the voters of the entire State, the
118	118	12 State Board of Elections shall note the day and hour upon which
119	119	13 such objector's petition is filed and shall transmit a copy of
120	120	14 the objector's petition by registered mail or receipted
121	121	15 personal delivery to the person designated on a certificate
122	122	16 attached to the petition as the principal proponent of such
123	123	17 proposed amendment or public question, or as the proponents'
124	124	18 attorney, for the purpose of receiving notice of objections.
125	125	19 In the case of objections to a petition for a public question,
126	126	20 to be submitted to the voters of a political subdivision, or
127	127	21 district thereof, the election authority or local election
128	128	22 official with whom such petition is filed shall note the day
129	129	23 and hour upon which such objector's petition was filed, and
130	130	24 shall, not later than 12:00 noon on the second business day
131	131	25 after receipt of the petition, transmit by registered mail or
132	132	26 receipted personal delivery the petition for the public
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143	143	1 question and the original objector's petition to the chair of
144	144	2 the proper electoral board designated in Section 10-9 hereof,
145	145	3 or his authorized agent, and shall transmit a copy by
146	146	4 registered mail or receipted personal delivery, of the
147	147	5 objector's petition to the person designated on a certificate
148	148	6 attached to the petition as the principal proponent of the
149	149	7 public question, or as the proponent's attorney, for the
150	150	8 purposes of receiving notice of objections.
151	151	9 The objector's petition shall give the objector's name and
152	152	10 residence address, and shall state fully the nature of the
153	153	11 objections to the certificate of nomination or nomination
154	154	12 papers, declarations of intent to be a write-in candidate, or
155	155	13 petitions in question, and shall state the interest of the
156	156	14 objector and shall state what relief is requested of the
157	157	15 electoral board.
158	158	16 The provisions of this Section and of Sections 10-9, 10-10
159	159	17 and 10-10.1 shall also apply to and govern objections to
160	160	18 petitions for nomination filed under Article 7 or Article 8,
161	161	19 except as otherwise provided in Section 7-13 for cases to
162	162	20 which it is applicable, and also apply to and govern petitions
163	163	21 for the submission of public questions under Article 28.
164	164	22 (Source: P.A. 102-15, eff. 6-17-21.)
165	165	23 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
166	166	24 Sec. 10-10. Within 24 hours after the receipt of the
167	167	25 certificate of nomination or nomination papers, declarations
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178	178	1 of intent to be a write-in candidate, or proposed question of
179	179	2 public policy, as the case may be, and the objector's
180	180	3 petition, the chair of the electoral board other than the
181	181	4 State Board of Elections shall send a call by registered or
182	182	5 certified mail: to each of the members of the electoral board;
183	183	6 to the objector who filed the objector's petition; either to
184	184	7 the candidate whose certificate of nomination or nomination
185	185	8 papers or declaration of intent to be a write-in candidate are
186	186	9 objected to or to the principal proponent or attorney for
187	187	10 proponents of a question of public policy, as the case may be,
188	188	11 whose petitions are objected to; to the election authority to
189	189	12 whom the ballot is certified; and to the appropriate county
190	190	13 clerk. The chair of the electoral board other than the State
191	191	14 Board of Elections shall also cause the sheriff of the county
192	192	15 or counties in which such officers and persons reside to serve
193	193	16 a copy of such call upon each of such officers and persons,
194	194	17 which call shall set out the fact that the electoral board is
195	195	18 required to meet to hear and pass upon the objections to
196	196	19 nominations made for the office, designating it, and shall
197	197	20 state the day, hour and place at which the electoral board
198	198	21 shall meet for the purpose, which place shall be in the county
199	199	22 court house in the county in the case of the County Officers
200	200	23 Electoral Board, the Municipal Officers Electoral Board, the
201	201	24 Township Officers Electoral Board or the Education Officers
202	202	25 Electoral Board, except that the Municipal Officers Electoral
203	203	26 Board, the Township Officers Electoral Board, and the
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214	214	1 Education Officers Electoral Board may meet at the location
215	215	2 where the governing body of the municipality, township, or
216	216	3 community college district, respectively, holds its regularly
217	217	4 scheduled meetings, if that location is available; provided
218	218	5 that voter records may be removed from the offices of an
219	219	6 election authority only at the discretion and under the
220	220	7 supervision of the election authority. In those cases where
221	221	8 the State Board of Elections is the electoral board designated
222	222	9 under Section 10-9, the chair of the State Board of Elections
223	223	10 shall, within 24 hours after the receipt of the certificate of
224	224	11 nomination or nomination papers, declaration of intent to be a
225	225	12 write-in candidate, or petitions for a proposed amendment to
226	226	13 Article IV of the Constitution or proposed statewide question
227	227	14 of public policy, send a call by registered or certified mail
228	228	15 to the objector who files the objector's petition, and either
229	229	16 to the candidate whose certificate of nomination or nomination
230	230	17 papers or declaration of intent to be a write-in candidate are
231	231	18 objected to or to the principal proponent or attorney for
232	232	19 proponents of the proposed Constitutional amendment or
233	233	20 statewide question of public policy and shall state the day,
234	234	21 hour, and place at which the electoral board shall meet for the
235	235	22 purpose, which place may be in the Capitol Building or in the
236	236	23 principal or permanent branch office of the State Board. The
237	237	24 day of the meeting shall not be less than 3 nor more than 5
238	238	25 days after the receipt of the certificate of nomination or
239	239	26 nomination papers and the objector's petition by the chair of
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250	250	1 the electoral board.
251	251	2 The electoral board shall have the power to administer
252	252	3 oaths and to subpoena and examine witnesses and, at the
253	253	4 request of either party and only upon a vote by a majority of
254	254	5 its members, may authorize the chair to issue subpoenas
255	255	6 requiring the attendance of witnesses and subpoenas duces
256	256	7 tecum requiring the production of such books, papers, records
257	257	8 and documents as may be evidence of any matter under inquiry
258	258	9 before the electoral board, in the same manner as witnesses
259	259	10 are subpoenaed in the Circuit Court.
260	260	11 Service of such subpoenas shall be made by any sheriff or
261	261	12 other person in the same manner as in cases in such court and
262	262	13 the fees of such sheriff shall be the same as is provided by
263	263	14 law, and shall be paid by the objector or candidate who causes
264	264	15 the issuance of the subpoena. In case any person so served
265	265	16 shall knowingly neglect or refuse to obey any such subpoena,
266	266	17 or to testify, the electoral board shall at once file a
267	267	18 petition in the circuit court of the county in which such
268	268	19 hearing is to be heard, or has been attempted to be heard,
269	269	20 setting forth the facts, of such knowing refusal or neglect,
270	270	21 and accompanying the petition with a copy of the citation and
271	271	22 the answer, if one has been filed, together with a copy of the
272	272	23 subpoena and the return of service thereon, and shall apply
273	273	24 for an order of court requiring such person to attend and
274	274	25 testify, and forthwith produce books and papers, before the
275	275	26 electoral board. Any circuit court of the state, excluding the
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286	286	1 judge who is sitting on the electoral board, upon such showing
287	287	2 shall order such person to appear and testify, and to
288	288	3 forthwith produce such books and papers, before the electoral
289	289	4 board at a place to be fixed by the court. If such person shall
290	290	5 knowingly fail or refuse to obey such order of the court
291	291	6 without lawful excuse, the court shall punish him or her by
292	292	7 fine and imprisonment, as the nature of the case may require
293	293	8 and may be lawful in cases of contempt of court.
294	294	9 The electoral board on the first day of its meeting shall
295	295	10 adopt rules of procedure for the introduction of evidence and
296	296	11 the presentation of arguments and may, in its discretion,
297	297	12 provide for the filing of briefs by the parties to the
298	298	13 objection or by other interested persons.
299	299	14 In the event of a State Electoral Board hearing on
300	300	15 objections to a petition for an amendment to Article IV of the
301	301	16 Constitution pursuant to Section 3 of Article XIV of the
302	302	17 Constitution, or to a petition for a question of public policy
303	303	18 to be submitted to the voters of the entire State, the
304	304	19 certificates of the county clerks and boards of election
305	305	20 commissioners showing the results of the random sample of
306	306	21 signatures on the petition shall be prima facie valid and
307	307	22 accurate, and shall be presumed to establish the number of
308	308	23 valid and invalid signatures on the petition sheets reviewed
309	309	24 in the random sample, as prescribed in Section 28-11 and 28-12
310	310	25 of this Code. Either party, however, may introduce evidence at
311	311	26 such hearing to dispute the findings as to particular
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322	322	1 signatures. In addition to the foregoing, in the absence of
323	323	2 competent evidence presented at such hearing by a party
324	324	3 substantially challenging the results of a random sample, or
325	325	4 showing a different result obtained by an additional sample,
326	326	5 this certificate of a county clerk or board of election
327	327	6 commissioners shall be presumed to establish the ratio of
328	328	7 valid to invalid signatures within the particular election
329	329	8 jurisdiction.
330	330	9 The electoral board shall take up the question as to
331	331	10 whether or not the certificate of nomination or nomination
332	332	11 papers, declarations of intent to be a write-in candidate, or
333	333	12 petitions are in proper form, and whether or not they were
334	334	13 filed within the time and under the conditions required by
335	335	14 law, and whether or not they are the genuine certificate of
336	336	15 nomination or nomination papers, declarations of intent to be
337	337	16 a write-in candidate, or petitions which they purport to be,
338	338	17 and whether or not in the case of the certificate of nomination
339	339	18 in question it represents accurately the decision of the
340	340	19 caucus or convention issuing it, and in general shall decide
341	341	20 whether or not the certificate of nomination or nominating
342	342	21 papers, declarations of intent to be a write-in candidate, or
343	343	22 petitions on file are valid or whether the objections thereto
344	344	23 should be sustained and the decision of a majority of the
345	345	24 electoral board shall be final subject to judicial review as
346	346	25 provided in Section 10-10.1. The electoral board must state
347	347	26 its findings in writing and must state in writing which
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358	358	1 objections, if any, it has sustained. A copy of the decision
359	359	2 shall be served upon the parties to the proceedings in open
360	360	3 proceedings before the electoral board. If a party does not
361	361	4 appear for receipt of the decision, the decision shall be
362	362	5 deemed to have been served on the absent party on the date when
363	363	6 a copy of the decision is personally delivered or on the date
364	364	7 when a copy of the decision is deposited in the United States
365	365	8 mail, in a sealed envelope or package, with postage prepaid,
366	366	9 addressed to each party affected by the decision or to such
367	367	10 party's attorney of record, if any, at the address on record
368	368	11 for such person in the files of the electoral board.
369	369	12 Upon the expiration of the period within which a
370	370	13 proceeding for judicial review must be commenced under Section
371	371	14 10-10.1, the electoral board shall, unless a proceeding for
372	372	15 judicial review has been commenced within such period,
373	373	16 transmit, by registered or certified mail, a certified copy of
374	374	17 its ruling, together with the original certificate of
375	375	18 nomination or nomination papers, declarations of intent to be
376	376	19 a write-in candidate, or petitions and the original objector's
377	377	20 petition, to the officer or board with whom the certificate of
378	378	21 nomination or nomination papers, declarations of intent to be
379	379	22 a write-in candidate, or petitions, as objected to, were on
380	380	23 file and to the election authority to whom the ballot is
381	381	24 certified and the appropriate county clerk, and such officer
382	382	25 or board shall abide by and comply with the ruling so made to
383	383	26 all intents and purposes.
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