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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3299 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
| | 10 ILCS 5/10-8 | from Ch. 46, par. 10-8 | 10 ILCS 5/10-8.5 new | |
| Amends the Election Code. Provides that election authorities may authorize service of objections to candidate nominations through electronic mail in lieu of personal service under specified circumstances. Makes conforming changes. | |
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Election Code is amended by changing |
| 5 | | Section 10-8 and by adding Section 10-8.5 as follows:
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| 6 | | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8) |
| 7 | | Sec. 10-8. Except as otherwise provided in this Code, |
| 8 | | certificates of nomination and nomination papers, and |
| 9 | | petitions to submit public questions to a referendum, being |
| 10 | | filed as required by this Code, and being in apparent |
| 11 | | conformity with the provisions of this Act, shall be deemed to |
| 12 | | be valid unless objection thereto is duly made in writing |
| 13 | | within 5 business days after the last day for filing the |
| 14 | | certificate of nomination or nomination papers or petition for |
| 15 | | a public question, with the following exceptions: |
| 16 | | A. In the case of petitions to amend Article IV of the |
| 17 | | Constitution of the State of Illinois, there shall be a |
| 18 | | period of 35 business days after the last day for the |
| 19 | | filing of such petitions in which objections can be filed. |
| 20 | | B. In the case of petitions for advisory questions of |
| 21 | | public policy to be submitted to the voters of the entire |
| 22 | | State, there shall be a period of 35 business days after |
| 23 | | the last day for the filing of such petitions in which |
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| 1 | | objections can be filed. |
| 2 | | Any legal voter of the political subdivision or district |
| 3 | | in which the candidate or public question is to be voted on, or |
| 4 | | any legal voter in the State in the case of a proposed |
| 5 | | amendment to Article IV of the Constitution or an advisory |
| 6 | | public question to be submitted to the voters of the entire |
| 7 | | State, having objections to any certificate of nomination or |
| 8 | | nomination papers or petitions filed, shall file an objector's |
| 9 | | petition together with 2 copies thereof in the principal |
| 10 | | office or the permanent branch office of the State Board of |
| 11 | | Elections, or in the office of the election authority or local |
| 12 | | election official with whom the certificate of nomination, |
| 13 | | nomination papers or petitions are on file. Objection |
| 14 | | petitions that do not include 2 copies thereof, shall not be |
| 15 | | accepted. In the case of nomination papers or certificates of |
| 16 | | nomination, the State Board of Elections, election authority |
| 17 | | or local election official shall note the day and hour upon |
| 18 | | which such objector's petition is filed, and shall, not later |
| 19 | | than 12:00 noon on the second business day after receipt of the |
| 20 | | petition, transmit by registered mail or receipted personal |
| 21 | | delivery, or by electronic delivery under Section 10-8.5, the |
| 22 | | certificate of nomination or nomination papers and the |
| 23 | | original objector's petition to the chair of the proper |
| 24 | | electoral board designated in Section 10-9 hereof, or his |
| 25 | | authorized agent, and shall transmit a copy by registered mail |
| 26 | | or receipted personal delivery, or by electronic delivery |
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| 1 | | under Section 10-8.5, of the objector's petition, to the |
| 2 | | candidate whose certificate of nomination or nomination papers |
| 3 | | are objected to, addressed to the place of residence |
| 4 | | designated in said certificate of nomination or nomination |
| 5 | | papers. In the case of objections to a petition for a proposed |
| 6 | | amendment to Article IV of the Constitution or for an advisory |
| 7 | | public question to be submitted to the voters of the entire |
| 8 | | State, the State Board of Elections shall note the day and hour |
| 9 | | upon which such objector's petition is filed and shall |
| 10 | | transmit a copy of the objector's petition by registered mail |
| 11 | | or receipted personal delivery, or by electronic delivery |
| 12 | | under Section 10-8.5, to the person designated on a |
| 13 | | certificate attached to the petition as the principal |
| 14 | | proponent of such proposed amendment or public question, or as |
| 15 | | the proponents' attorney, for the purpose of receiving notice |
| 16 | | of objections. In the case of objections to a petition for a |
| 17 | | public question, to be submitted to the voters of a political |
| 18 | | subdivision, or district thereof, the election authority or |
| 19 | | local election official with whom such petition is filed shall |
| 20 | | note the day and hour upon which such objector's petition was |
| 21 | | filed, and shall, not later than 12:00 noon on the second |
| 22 | | business day after receipt of the petition, transmit by |
| 23 | | registered mail or receipted personal delivery, or by |
| 24 | | electronic delivery under Section 10-8.5, the petition for the |
| 25 | | public question and the original objector's petition to the |
| 26 | | chair of the proper electoral board designated in Section 10-9 |
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| 1 | | hereof, or his authorized agent, and shall transmit a copy by |
| 2 | | registered mail or receipted personal delivery, or by |
| 3 | | electronic delivery under Section 10-8.5, of the objector's |
| 4 | | petition to the person designated on a certificate attached to |
| 5 | | the petition as the principal proponent of the public |
| 6 | | question, or as the proponent's attorney, for the purposes of |
| 7 | | receiving notice of objections. |
| 8 | | The objector's petition shall give the objector's name and |
| 9 | | residence address, and shall state fully the nature of the |
| 10 | | objections to the certificate of nomination or nomination |
| 11 | | papers or petitions in question, and shall state the interest |
| 12 | | of the objector and shall state what relief is requested of the |
| 13 | | electoral board. |
| 14 | | The provisions of this Section and of Sections 10-9, 10-10 |
| 15 | | and 10-10.1 shall also apply to and govern objections to |
| 16 | | petitions for nomination filed under Article 7 or Article 8, |
| 17 | | except as otherwise provided in Section 7-13 for cases to |
| 18 | | which it is applicable, and also apply to and govern petitions |
| 19 | | for the submission of public questions under Article 28. |
| 20 | | (Source: P.A. 102-15, eff. 6-17-21.)
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| 21 | | (10 ILCS 5/10-8.5 new) |
| 22 | | Sec. 10-8.5. Electronic service of objections. Election |
| 23 | | authorities may authorize service of objections to candidate |
| 24 | | nominations through electronic mail in lieu of personal |
| 25 | | service if the election authority responsible for convening |
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| 1 | | the electoral board: (1) requires candidates to provide an |
| 2 | | electronic mail address where notices of objections and |
| 3 | | electoral board proceedings may be sent electronically in lieu |
| 4 | | of personal service; (2) requires objectors to provide an |
| 5 | | electronic mail address where notices and electoral board |
| 6 | | proceedings may be sent electronically in lieu of personal |
| 7 | | service; and (3) publishes notice of its decision to use this |
| 8 | | Section on its website within 5 business days of the effective |
| 9 | | date of this amendatory Act of the 104th General Assembly. |