Bill Text: IL HB5207 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Election Code. Provides that, if a statewide projection of valid signatures on a petition for a statewide advisory public question establishes a total number of valid petition signatures greater than 95.0% of the minimum number of signatures required to qualify the proposed statewide advisory public question (now, to qualify the proposed Constitutional amendment or statewide advisory public question) for the ballot, the results of the sample shall be considered inconclusive and the State Board of Elections shall issue a final order declaring the petition to be valid. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Vetoed) 2012-11-29 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB5207 Detail]

Download: Illinois-2011-HB5207-Engrossed.html

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HB5207 Engrossed LRB097 18246 PJG 63472 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing Section
28-12 as follows:
(10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
Sec. 28-12. Upon receipt of the certificates of the
election authorities showing the results of the sample
signature verification, the Board shall:
1. Based on the sample, calculate the ratio of invalid
or valid signatures in each election jurisdiction.
2. Apply the ratio of invalid to valid signatures in an
election jurisdiction sample to the total number of
petition signatures submitted from that election
jurisdiction.
3. Compute the degree of multiple signature
contamination in each election jurisdiction sample.
4. Adjust for multiple signature contamination and the
invalid signatures, project the total number of valid
petition signatures submitted from each election
jurisdiction.
5. Aggregate the total number of projected valid
signatures from each election jurisdiction and project the

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total number of valid signatures on the petition statewide.
If such statewide projection establishes a total number of
valid petition signatures not greater than 95.0% of the minimum
number of signatures required to qualify the proposed statewide
advisory public question for the ballot, the petition shall be
presumed invalid; provided that, prior to the last day for
ballot certification for the general election, the Board shall
conduct a hearing for the purpose of allowing the proponents to
present competent evidence or an additional sample to rebut the
presumption of invalidity. At the conclusion of such hearing,
and after the resolution of any specific objection filed
pursuant to Section 10-8 of this Code, the Board shall issue a
final order declaring the petition to be valid or invalid and
shall, in accordance with its order, certify or not certify the
proposition for the ballot.
If such statewide projection establishes a total number of
valid petition signatures greater than 95.0% of the minimum
number of signatures required to qualify the proposed
Constitutional amendment or statewide advisory public question
for the ballot, the results of the sample shall be considered
inconclusive and, if no specific objections to the petition are
filed pursuant to Section 10-8 of this Code, the Board shall
issue a final order declaring the petition to be valid and
shall certify the proposition for the ballot.
In either event, the Board shall append to its final order
the detailed results of the sample from each election

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jurisdiction which shall include: (a) specific page and line
numbers of signatures actually verified or determined to be
invalid by the respective election authorities, and (b) the
calculations and projections performed by the Board for each
election jurisdiction.
(Source: P.A. 97-81, eff. 7-5-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.