104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2150 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-9 from Ch. 46, par. 10-910 ILCS 5/10-10 from Ch. 46, par. 10-10 Amends the Election Code. Provides that the county officers electoral board shall hear and pass upon objections to nominations for municipal offices, for township offices, if the township is wholly located in one county, and for community college district offices. Provides that if a municipality, school district, or community college district is located in 2 or more counties, the county officers electoral board of the county in which the principal offices of the municipality, school district, or community college district are located shall hear and pass upon the objections. Deletes provisions concerning the municipal officers electoral board, the township officers electors board, and the education officers electors board. Makes other changes. LRB104 11151 SPS 21233 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2150 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: 10 ILCS 5/10-9 from Ch. 46, par. 10-910 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/10-10 from Ch. 46, par. 10-10 Amends the Election Code. Provides that the county officers electoral board shall hear and pass upon objections to nominations for municipal offices, for township offices, if the township is wholly located in one county, and for community college district offices. Provides that if a municipality, school district, or community college district is located in 2 or more counties, the county officers electoral board of the county in which the principal offices of the municipality, school district, or community college district are located shall hear and pass upon the objections. Deletes provisions concerning the municipal officers electoral board, the township officers electors board, and the education officers electors board. Makes other changes. LRB104 11151 SPS 21233 b LRB104 11151 SPS 21233 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2150 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
10 ILCS 5/10-9 from Ch. 46, par. 10-910 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/10-10 from Ch. 46, par. 10-10
10 ILCS 5/10-9 from Ch. 46, par. 10-9
10 ILCS 5/10-10 from Ch. 46, par. 10-10
Amends the Election Code. Provides that the county officers electoral board shall hear and pass upon objections to nominations for municipal offices, for township offices, if the township is wholly located in one county, and for community college district offices. Provides that if a municipality, school district, or community college district is located in 2 or more counties, the county officers electoral board of the county in which the principal offices of the municipality, school district, or community college district are located shall hear and pass upon the objections. Deletes provisions concerning the municipal officers electoral board, the township officers electors board, and the education officers electors board. Makes other changes.
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A BILL FOR
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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 10-9 and 10-10 as follows:
6 (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
7 Sec. 10-9. The following electoral boards are designated
8 for the purpose of hearing and passing upon the objector's
9 petition described in Section 10-8.
10 1. The State Board of Elections will hear and pass
11 upon objections to the nominations of candidates for State
12 offices, nominations of candidates for congressional or
13 legislative offices that are in more than one county or
14 are wholly located within a single county with a
15 population of less than 3,000,000 and judicial offices of
16 districts, subcircuits, or circuits situated in more than
17 one county, nominations of candidates for the offices of
18 State's attorney or regional superintendent of schools to
19 be elected from more than one county, and petitions for
20 proposed amendments to the Constitution of the State of
21 Illinois as provided for in Section 3 of Article XIV of the
22 Constitution.
23 2. The county officers electoral board of a county
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2150 Introduced 2/7/2025, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
10 ILCS 5/10-9 from Ch. 46, par. 10-910 ILCS 5/10-10 from Ch. 46, par. 10-10 10 ILCS 5/10-9 from Ch. 46, par. 10-9 10 ILCS 5/10-10 from Ch. 46, par. 10-10
10 ILCS 5/10-9 from Ch. 46, par. 10-9
10 ILCS 5/10-10 from Ch. 46, par. 10-10
Amends the Election Code. Provides that the county officers electoral board shall hear and pass upon objections to nominations for municipal offices, for township offices, if the township is wholly located in one county, and for community college district offices. Provides that if a municipality, school district, or community college district is located in 2 or more counties, the county officers electoral board of the county in which the principal offices of the municipality, school district, or community college district are located shall hear and pass upon the objections. Deletes provisions concerning the municipal officers electoral board, the township officers electors board, and the education officers electors board. Makes other changes.
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A BILL FOR
10 ILCS 5/10-9 from Ch. 46, par. 10-9
10 ILCS 5/10-10 from Ch. 46, par. 10-10
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1 with a population of less than 3,000,000 to hear and pass
2 upon objections to the nominations of candidates for
3 county, municipal, and township offices and judicial
4 offices of a district, subcircuit, or circuit coterminous
5 with or less than a county, for any school district
6 offices and community college district offices, for the
7 office of multi-township assessor where candidates for
8 such office are nominated in accordance with this Code,
9 and for all special district offices, shall be composed of
10 the county clerk, or an assistant designated by the county
11 clerk, the State's attorney of the county or an Assistant
12 State's Attorney designated by the State's Attorney, and
13 the clerk of the circuit court, or an assistant designated
14 by the clerk of the circuit court, of the county, of whom
15 the county clerk or his designee shall be the chair,
16 except that in any county which has established a county
17 board of election commissioners that board shall
18 constitute the county officers electoral board ex-officio.
19 If a municipality, school district, or community college
20 is located in 2 or more counties, the county officers
21 electoral board of the county in which the principal
22 office of the school district is located shall hear and
23 pass upon objections to nominations of candidates for the
24 municipal office, school district office in that school
25 district, or community college district office.
26 2.5. The county officers electoral board of a county
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1 with a population of 3,000,000 or more to hear and pass
2 upon objections to the nominations of candidates for
3 county, municipal, and township offices, candidates for
4 congressional offices and representatives in the General
5 Assembly if the district is wholly within a county with a
6 population of 3,000,000 or more, unless the district is
7 wholly or partially within the jurisdiction of a municipal
8 board of election commissioners, and judicial offices of a
9 district, subcircuit, or circuit coterminous with or less
10 than a county, for any school district offices, for the
11 office of multi-township assessor where candidates for
12 such office are nominated in accordance with this Code,
13 for all special district offices, and for candidates for
14 the Senate, shall be composed of the county clerk, or an
15 assistant designated by the county clerk, the State's
16 Attorney of the county or an Assistant State's Attorney
17 designated by the State's Attorney, and the clerk of the
18 circuit court, or an assistant designated by the clerk of
19 the circuit court, of the county, of whom the county clerk
20 or his designee shall be the chair, except that, in any
21 county which has established a county board of election
22 commissioners, that board shall constitute the county
23 officers electoral board ex-officio. If a municipality,
24 school district, or community college is located in 2 or
25 more counties, the county officers electoral board of the
26 county in which the principal office of the school
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1 district is located shall hear and pass upon objections to
2 nominations of candidates for the municipal office, school
3 district office in that school district, or community
4 college district office.
5 3. (Blank). The municipal officers electoral board to
6 hear and pass upon objections to the nominations of
7 candidates for officers of municipalities shall be
8 composed of the mayor or president of the board of
9 trustees of the city, village or incorporated town, and
10 the city, village or incorporated town clerk, and one
11 member of the city council or board of trustees, that
12 member being designated who is eligible to serve on the
13 electoral board and has served the greatest number of
14 years as a member of the city council or board of trustees,
15 of whom the mayor or president of the board of trustees
16 shall be the chair.
17 4. (Blank). The township officers electoral board to
18 pass upon objections to the nominations of township
19 officers shall be composed of the township supervisor, the
20 town clerk, and that eligible town trustee elected in the
21 township who has had the longest term of continuous
22 service as town trustee, of whom the township supervisor
23 shall be the chair.
24 5. (Blank). The education officers electoral board to
25 hear and pass upon objections to the nominations of
26 candidates for offices in community college districts
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1 shall be composed of the presiding officer of the
2 community college district board, who shall be the chair,
3 the secretary of the community college district board and
4 the eligible elected community college board member who
5 has the longest term of continuous service as a board
6 member.
7 6. In all cases, however, where the Congressional,
8 Legislative, or Representative district is wholly or
9 partially within the jurisdiction of a single municipal
10 board of election commissioners in Cook County and in all
11 cases where the school district or special district is
12 wholly within the jurisdiction of a municipal board of
13 election commissioners and in all cases where the
14 municipality or township is wholly or partially within the
15 jurisdiction of a municipal board of election
16 commissioners, the board of election commissioners shall
17 ex-officio constitute the electoral board.
18 For special districts situated in more than one county,
19 the county officers electoral board of the county in which the
20 principal office of the district is located has jurisdiction
21 to hear and pass upon objections. For purposes of this
22 Section, "special districts" means all political subdivisions
23 other than counties, municipalities, townships and school and
24 community college districts.
25 In the event that any member of the county officers
26 electoral appropriate board is a candidate for the office with
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1 relation to which the objector's petition is filed, he or she
2 shall not be eligible to serve on that board and shall not act
3 as a member of the board and his or her place shall be filled
4 by the county treasurer, and if the county treasurer is
5 ineligible to serve, by the sheriff of the county. as follows:
6 a. In the county officers electoral board by the
7 county treasurer, and if he or she is ineligible to serve,
8 by the sheriff of the county.
9 b. In the municipal officers electoral board by the
10 eligible elected city council or board of trustees member
11 who has served the second greatest number of years as a
12 city council or board of trustees member.
13 c. In the township officers electoral board by the
14 eligible elected town trustee who has had the second
15 longest term of continuous service as a town trustee.
16 d. In the education officers electoral board by the
17 eligible elected community college district board member
18 who has had the second longest term of continuous service
19 as a board member.
20 In the event that the chair of the electoral board is
21 ineligible to act because of the fact that he or she is a
22 candidate for the office with relation to which the objector's
23 petition is filed, then the substitute chosen under the
24 provisions of this Section shall be the chair; In this case,
25 the officer or board with whom the objector's petition is
26 filed, shall transmit the certificate of nomination or
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1 nomination papers as the case may be, and the objector's
2 petition to the substitute chair of the electoral board.
3 When 2 or more eligible individuals, by reason of their
4 terms of service on a city council or board of trustees,
5 township board of trustees, or community college district
6 board, qualify to serve on an electoral board, the one to serve
7 shall be chosen by lot.
8 Any vacancies on the county officers an electoral board
9 not otherwise filled pursuant to this Section shall be filled
10 by public members appointed by the Chief Judge of the Circuit
11 Court for the county wherein the electoral board hearing is
12 being held upon notification to the Chief Judge of such
13 vacancies. The Chief Judge shall be so notified by a member of
14 the electoral board or the officer or board with whom the
15 objector's petition was filed. In the event that none of the
16 individuals designated by this Section to serve on the
17 electoral board are eligible, the chair of an electoral board
18 shall be designated by the Chief Judge.
19 (Source: P.A. 103-467, eff. 8-4-23.)
20 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
21 Sec. 10-10. Within 24 hours after the receipt of the
22 certificate of nomination or nomination papers or proposed
23 question of public policy, as the case may be, and the
24 objector's petition, the chair of the electoral board other
25 than the State Board of Elections shall send a call by
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1 registered or certified mail: to each of the members of the
2 electoral board; to the objector who filed the objector's
3 petition; either to the candidate whose certificate of
4 nomination or nomination papers are objected to or to the
5 principal proponent or attorney for proponents of a question
6 of public policy, as the case may be, whose petitions are
7 objected to; to the election authority to whom the ballot is
8 certified; and to the appropriate county clerk. The chair of
9 the electoral board other than the State Board of Elections
10 shall also cause the sheriff of the county or counties in which
11 such officers and persons reside to serve a copy of such call
12 upon each of such officers and persons, which call shall set
13 out the fact that the electoral board is required to meet to
14 hear and pass upon the objections to nominations made for the
15 office, designating it, and shall state the day, hour and
16 place at which the electoral board shall meet for the purpose,
17 which place shall be in the county court house in the county in
18 the case of the County Officers Electoral Board, the Municipal
19 Officers Electoral Board, the Township Officers Electoral
20 Board or the Education Officers Electoral Board, except that
21 the Municipal Officers Electoral Board, the Township Officers
22 Electoral Board, and the Education Officers Electoral Board
23 may meet at the location where the governing body of the
24 municipality, township, or community college district,
25 respectively, holds its regularly scheduled meetings, if that
26 location is available; provided that voter records may be
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1 removed from the offices of an election authority only at the
2 discretion and under the supervision of the election
3 authority. In those cases where the State Board of Elections
4 is the electoral board designated under Section 10-9, the
5 chair of the State Board of Elections shall, within 24 hours
6 after the receipt of the certificate of nomination or
7 nomination papers or petitions for a proposed amendment to
8 Article IV of the Constitution or proposed statewide question
9 of public policy, send a call by registered or certified mail
10 to the objector who files the objector's petition, and either
11 to the candidate whose certificate of nomination or nomination
12 papers are objected to or to the principal proponent or
13 attorney for proponents of the proposed Constitutional
14 amendment or statewide question of public policy and shall
15 state the day, hour, and place at which the electoral board
16 shall meet for the purpose, which place may be in the Capitol
17 Building or in the principal or permanent branch office of the
18 State Board. The day of the meeting shall not be less than 3
19 nor more than 5 days after the receipt of the certificate of
20 nomination or nomination papers and the objector's petition by
21 the chair of the electoral board.
22 The electoral board shall have the power to administer
23 oaths and to subpoena and examine witnesses and, at the
24 request of either party and only upon a vote by a majority of
25 its members, may authorize the chair to issue subpoenas
26 requiring the attendance of witnesses and subpoenas duces
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1 tecum requiring the production of such books, papers, records
2 and documents as may be evidence of any matter under inquiry
3 before the electoral board, in the same manner as witnesses
4 are subpoenaed in the Circuit Court.
5 Service of such subpoenas shall be made by any sheriff or
6 other person in the same manner as in cases in such court and
7 the fees of such sheriff shall be the same as is provided by
8 law, and shall be paid by the objector or candidate who causes
9 the issuance of the subpoena. In case any person so served
10 shall knowingly neglect or refuse to obey any such subpoena,
11 or to testify, the electoral board shall at once file a
12 petition in the circuit court of the county in which such
13 hearing is to be heard, or has been attempted to be heard,
14 setting forth the facts, of such knowing refusal or neglect,
15 and accompanying the petition with a copy of the citation and
16 the answer, if one has been filed, together with a copy of the
17 subpoena and the return of service thereon, and shall apply
18 for an order of court requiring such person to attend and
19 testify, and forthwith produce books and papers, before the
20 electoral board. Any circuit court of the state, excluding the
21 judge who is sitting on the electoral board, upon such showing
22 shall order such person to appear and testify, and to
23 forthwith produce such books and papers, before the electoral
24 board at a place to be fixed by the court. If such person shall
25 knowingly fail or refuse to obey such order of the court
26 without lawful excuse, the court shall punish him or her by
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1 fine and imprisonment, as the nature of the case may require
2 and may be lawful in cases of contempt of court.
3 The electoral board on the first day of its meeting shall
4 adopt rules of procedure for the introduction of evidence and
5 the presentation of arguments and may, in its discretion,
6 provide for the filing of briefs by the parties to the
7 objection or by other interested persons.
8 In the event of a State Electoral Board hearing on
9 objections to a petition for an amendment to Article IV of the
10 Constitution pursuant to Section 3 of Article XIV of the
11 Constitution, or to a petition for a question of public policy
12 to be submitted to the voters of the entire State, the
13 certificates of the county clerks and boards of election
14 commissioners showing the results of the random sample of
15 signatures on the petition shall be prima facie valid and
16 accurate, and shall be presumed to establish the number of
17 valid and invalid signatures on the petition sheets reviewed
18 in the random sample, as prescribed in Section 28-11 and 28-12
19 of this Code. Either party, however, may introduce evidence at
20 such hearing to dispute the findings as to particular
21 signatures. In addition to the foregoing, in the absence of
22 competent evidence presented at such hearing by a party
23 substantially challenging the results of a random sample, or
24 showing a different result obtained by an additional sample,
25 this certificate of a county clerk or board of election
26 commissioners shall be presumed to establish the ratio of
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1 valid to invalid signatures within the particular election
2 jurisdiction.
3 The electoral board shall take up the question as to
4 whether or not the certificate of nomination or nomination
5 papers or petitions are in proper form, and whether or not they
6 were filed within the time and under the conditions required
7 by law, and whether or not they are the genuine certificate of
8 nomination or nomination papers or petitions which they
9 purport to be, and whether or not in the case of the
10 certificate of nomination in question it represents accurately
11 the decision of the caucus or convention issuing it, and in
12 general shall decide whether or not the certificate of
13 nomination or nominating papers or petitions on file are valid
14 or whether the objections thereto should be sustained and the
15 decision of a majority of the electoral board shall be final
16 subject to judicial review as provided in Section 10-10.1. The
17 electoral board must state its findings in writing and must
18 state in writing which objections, if any, it has sustained. A
19 copy of the decision shall be served upon the parties to the
20 proceedings in open proceedings before the electoral board. If
21 a party does not appear for receipt of the decision, the
22 decision shall be deemed to have been served on the absent
23 party on the date when a copy of the decision is personally
24 delivered or on the date when a copy of the decision is
25 deposited in the United States mail, in a sealed envelope or
26 package, with postage prepaid, addressed to each party
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