Bill Text: IL SB1652 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. In provisions concerning petitions for nomination and submission of public questions, provides that by signing an objector's petition, the objector certifies that the petition is not being presented for any improper purpose, the objections are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, and the factual contentions have evidentiary support. Provides that the electoral board that hears the objection may impose an appropriate sanction on the objectors or their legal counsel for any false certification, including a monetary sanction payable to the county clerk, the opposing parties, or both the county clerk and the opposing parties. In provisions concerning electoral board review of petitions, provides that the nomination papers of a candidate shall be deemed invalid and a candidate's name shall not appear on the ballot if he or she is found to have personally engaged in material fraud or a pattern of fraud in connection with the nominating papers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB1652 Detail]

Download: Illinois-2023-SB1652-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1652 Introduced 2/8/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
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 petitions for nomination and submission of public questions, provides that by signing an objector's petition, the objector certifies that the petition is not being presented for any improper purpose, the objections are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, and the factual contentions have evidentiary support. Provides that the electoral board that hears the objection may impose an appropriate sanction on the objectors or their legal counsel for any false certification, including a monetary sanction payable to the county clerk, the opposing parties, or both the county clerk and the opposing parties. In provisions concerning electoral board review of petitions, provides that the nomination papers of a candidate shall be deemed invalid and a candidate's name shall not appear on the ballot if he or she is found to have personally engaged in material fraud or a pattern of fraud in connection with the nominating papers.
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A BILL FOR
SB1652 LRB103 25886 BMS 52237 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
Sections 10-8 and 10-10 as follows:
(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
Sec. 10-8. Except as otherwise provided in this Code,
certificates of nomination and nomination papers, and
petitions to submit public questions to a referendum, being
filed as required by this Code, and being in apparent
conformity with the provisions of this Act, shall be deemed to
be valid unless objection thereto is duly made in writing
within 5 business days after the last day for filing the
certificate of nomination or nomination papers or petition for
a public question, with the following exceptions:
A. In the case of petitions to amend Article IV of the
Constitution of the State of Illinois, there shall be a
period of 35 business days after the last day for the
filing of such petitions in which objections can be filed.
B. In the case of petitions for advisory questions of
public policy to be submitted to the voters of the entire
State, there shall be a period of 35 business days after
the last day for the filing of such petitions in which

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objections can be filed.
Any legal voter of the political subdivision or district
in which the candidate or public question is to be voted on, or
any legal voter in the State in the case of a proposed
amendment to Article IV of the Constitution or an advisory
public question to be submitted to the voters of the entire
State, having objections to any certificate of nomination or
nomination papers or petitions filed, shall file an objector's
petition together with 2 copies thereof in the principal
office or the permanent branch office of the State Board of
Elections, or in the office of the election authority or local
election official with whom the certificate of nomination,
nomination papers or petitions are on file. Objection
petitions that do not include 2 copies thereof, shall not be
accepted. In the case of nomination papers or certificates of
nomination, the State Board of Elections, election authority
or local election official shall note the day and hour upon
which such objector's petition is filed, and shall, not later
than 12:00 noon on the second business day after receipt of the
petition, transmit by registered mail or receipted personal
delivery the certificate of nomination or nomination papers
and the original objector's petition to the chair of the
proper electoral board designated in Section 10-9 hereof, or
his authorized agent, and shall transmit a copy by registered
mail or receipted personal delivery of the objector's
petition, to the candidate whose certificate of nomination or

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nomination papers are objected to, addressed to the place of
residence designated in said certificate of nomination or
nomination papers. In the case of objections to a petition for
a proposed amendment to Article IV of the Constitution or for
an advisory public question to be submitted to the voters of
the entire State, the State Board of Elections shall note the
day and hour upon which such objector's petition is filed and
shall transmit a copy of the objector's petition by registered
mail or receipted personal delivery to the person designated
on a certificate attached to the petition as the principal
proponent of such proposed amendment or public question, or as
the proponents' attorney, for the purpose of receiving notice
of objections. In the case of objections to a petition for a
public question, to be submitted to the voters of a political
subdivision, or district thereof, the election authority or
local election official with whom such petition is filed shall
note the day and hour upon which such objector's petition was
filed, and shall, not later than 12:00 noon on the second
business day after receipt of the petition, transmit by
registered mail or receipted personal delivery the petition
for the public question and the original objector's petition
to the chair of the proper electoral board designated in
Section 10-9 hereof, or his authorized agent, and shall
transmit a copy by registered mail or receipted personal
delivery, of the objector's petition to the person designated
on a certificate attached to the petition as the principal

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proponent of the public question, or as the proponent's
attorney, for the purposes of receiving notice of objections.
The objector's petition shall give the objector's name and
residence address, and shall state fully the nature of the
objections to the certificate of nomination or nomination
papers or petitions in question, and shall state the interest
of the objector and shall state what relief is requested of the
electoral board. By signing the objector's petition, the
objector certifies that: (1) the petition is not being
presented for any improper purpose, such as to harass; (2) the
objections are warranted by existing law or by a nonfrivolous
argument for extending, modifying, or reversing existing law
or for establishing new law; and (3) the factual contentions
have evidentiary support. The electoral board that hears the
objection may impose an appropriate sanction on the objectors
or their legal counsel for any false certification, including
a monetary sanction payable to the county clerk, the opposing
parties, or both the county clerk and the opposing parties.
The provisions of this Section and of Sections 10-9, 10-10
and 10-10.1 shall also apply to and govern objections to
petitions for nomination filed under Article 7 or Article 8,
except as otherwise provided in Section 7-13 for cases to
which it is applicable, and also apply to and govern petitions
for the submission of public questions under Article 28.
(Source: P.A. 102-15, eff. 6-17-21.)

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(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
Sec. 10-10. Within 24 hours after the receipt of the
certificate of nomination or nomination papers or proposed
question of public policy, as the case may be, and the
objector's petition, the chair of the electoral board other
than the State Board of Elections shall send a call by
registered or certified mail to each of the members of the
electoral board, and to the objector who filed the objector's
petition, and either to the candidate whose certificate of
nomination or nomination papers are objected to or to the
principal proponent or attorney for proponents of a question
of public policy, as the case may be, whose petitions are
objected to, and shall also cause the sheriff of the county or
counties in which such officers and persons reside to serve a
copy of such call upon each of such officers and persons, which
call shall set out the fact that the electoral board is
required to meet to hear and pass upon the objections to
nominations made for the office, designating it, and shall
state the day, hour and place at which the electoral board
shall meet for the purpose, which place shall be in the county
court house in the county in the case of the County Officers
Electoral Board, the Municipal Officers Electoral Board, the
Township Officers Electoral Board or the Education Officers
Electoral Board, except that the Municipal Officers Electoral
Board, the Township Officers Electoral Board, and the
Education Officers Electoral Board may meet at the location

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where the governing body of the municipality, township, or
community college district, respectively, holds its regularly
scheduled meetings, if that location is available; provided
that voter records may be removed from the offices of an
election authority only at the discretion and under the
supervision of the election authority. In those cases where
the State Board of Elections is the electoral board designated
under Section 10-9, the chair of the State Board of Elections
shall, within 24 hours after the receipt of the certificate of
nomination or nomination papers or petitions for a proposed
amendment to Article IV of the Constitution or proposed
statewide question of public policy, send a call by registered
or certified mail to the objector who files the objector's
petition, and either to the candidate whose certificate of
nomination or nomination papers are objected to or to the
principal proponent or attorney for proponents of the proposed
Constitutional amendment or statewide question of public
policy and shall state the day, hour, and place at which the
electoral board shall meet for the purpose, which place may be
in the Capitol Building or in the principal or permanent
branch office of the State Board. The day of the meeting shall
not be less than 3 nor more than 5 days after the receipt of
the certificate of nomination or nomination papers and the
objector's petition by the chair of the electoral board.
The electoral board shall have the power to administer
oaths and to subpoena and examine witnesses and, at the

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request of either party and only upon a vote by a majority of
its members, may authorize the chair to issue subpoenas
requiring the attendance of witnesses and subpoenas duces
tecum requiring the production of such books, papers, records
and documents as may be evidence of any matter under inquiry
before the electoral board, in the same manner as witnesses
are subpoenaed in the Circuit Court.
Service of such subpoenas shall be made by any sheriff or
other person in the same manner as in cases in such court and
the fees of such sheriff shall be the same as is provided by
law, and shall be paid by the objector or candidate who causes
the issuance of the subpoena. In case any person so served
shall knowingly neglect or refuse to obey any such subpoena,
or to testify, the electoral board shall at once file a
petition in the circuit court of the county in which such
hearing is to be heard, or has been attempted to be heard,
setting forth the facts, of such knowing refusal or neglect,
and accompanying the petition with a copy of the citation and
the answer, if one has been filed, together with a copy of the
subpoena and the return of service thereon, and shall apply
for an order of court requiring such person to attend and
testify, and forthwith produce books and papers, before the
electoral board. Any circuit court of the state, excluding the
judge who is sitting on the electoral board, upon such showing
shall order such person to appear and testify, and to
forthwith produce such books and papers, before the electoral

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board at a place to be fixed by the court. If such person shall
knowingly fail or refuse to obey such order of the court
without lawful excuse, the court shall punish him or her by
fine and imprisonment, as the nature of the case may require
and may be lawful in cases of contempt of court.
The electoral board on the first day of its meeting shall
adopt rules of procedure for the introduction of evidence and
the presentation of arguments and may, in its discretion,
provide for the filing of briefs by the parties to the
objection or by other interested persons.
In the event of a State Electoral Board hearing on
objections to a petition for an amendment to Article IV of the
Constitution pursuant to Section 3 of Article XIV of the
Constitution, or to a petition for a question of public policy
to be submitted to the voters of the entire State, the
certificates of the county clerks and boards of election
commissioners showing the results of the random sample of
signatures on the petition shall be prima facie valid and
accurate, and shall be presumed to establish the number of
valid and invalid signatures on the petition sheets reviewed
in the random sample, as prescribed in Section 28-11 and 28-12
of this Code. Either party, however, may introduce evidence at
such hearing to dispute the findings as to particular
signatures. In addition to the foregoing, in the absence of
competent evidence presented at such hearing by a party
substantially challenging the results of a random sample, or

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showing a different result obtained by an additional sample,
this certificate of a county clerk or board of election
commissioners shall be presumed to establish the ratio of
valid to invalid signatures within the particular election
jurisdiction.
The electoral board shall take up the question as to
whether or not the certificate of nomination or nomination
papers or petitions are in proper form, and whether or not they
were filed within the time and under the conditions required
by law, and whether or not they are the genuine certificate of
nomination or nomination papers or petitions which they
purport to be, and whether or not in the case of the
certificate of nomination in question it represents accurately
the decision of the caucus or convention issuing it, and in
general shall decide whether or not the certificate of
nomination or nominating papers or petitions on file are valid
or whether the objections thereto should be sustained and the
decision of a majority of the electoral board shall be final
subject to judicial review as provided in Section 10-10.1. The
nomination papers of a candidate shall be deemed invalid and a
candidate's name shall not appear on the ballot if he or she is
found to have personally engaged in material fraud or a
pattern of fraud in connection with the nominating papers. The
electoral board must state its findings in writing and must
state in writing which objections, if any, it has sustained. A
copy of the decision shall be served upon the parties to the

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proceedings in open proceedings before the electoral board. If
a party does not appear for receipt of the decision, the
decision shall be deemed to have been served on the absent
party on the date when a copy of the decision is personally
delivered or on the date when a copy of the decision is
deposited in the United States mail, in a sealed envelope or
package, with postage prepaid, addressed to each party
affected by the decision or to such party's attorney of
record, if any, at the address on record for such person in the
files of the electoral board.
Upon the expiration of the period within which a
proceeding for judicial review must be commenced under Section
10-10.1, the electoral board shall, unless a proceeding for
judicial review has been commenced within such period,
transmit, by registered or certified mail, a certified copy of
its ruling, together with the original certificate of
nomination or nomination papers or petitions and the original
objector's petition, to the officer or board with whom the
certificate of nomination or nomination papers or petitions,
as objected to, were on file, and such officer or board shall
abide by and comply with the ruling so made to all intents and
purposes.
(Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16;
100-1027, eff. 1-1-19.)