Bill Text: IL SB3742 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Election Code. With respect to objector's petitions, requires that (i) 2 copies (now, one copy) must be filed with the petition, (ii) the petition shall not be accepted for filing without the 2 copies, and (iii) challenges to signatures must include recapitulation sheets that refer to the page and line numbers of the signatures. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-03-22 - Referred to Rules Committee [SB3742 Detail]

Download: Illinois-2009-SB3742-Engrossed.html

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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
10-8 as follows:
(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
Sec. 10-8. 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
objections can be filed.

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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 a copy 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; objector's
petitions that are not accompanied by 2 copies thereof shall
not be accepted by those offices. 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. Not , and shall, not later than 12:00 noon on the second
business day following the last day to file objections after
receipt of the petition, the State Board of Elections, election
authority, or local election official shall transmit by
registered mail or receipted personal delivery the certificate
of nomination or nomination papers and the original objector's
petition to the chairman 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

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delivery of the objector's petition, to the candidate whose
certificate of nomination or 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 following the last
day to file objections 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 chairman 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

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delivery, of the objector's petition to the person designated
on a certificate attached to the petition as the principal
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. If the objection challenges the validity of
specific signatures, the objector's petition shall include
recapitulation sheets indicating the specific page and line
number on which the challenged signature is located and
specifying the basis of the objection. Each recapitulation
sheet shall be in substantially the following form:
Candidate Office Sheet Number
A mark, such as an "x" or "v", indicates that the signature on
the designated sheet and line is objected to for the reasons
set forth above the column in which the identifying mark
appears, in accordance with the Objector's Petition, of which
this Appendix-Recapitulation is made a part.
Objection a. Signer b. c.
-------- not Signer's Signer

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-- registered signature resides
LINE # at address not outside
shown genuine District
1
2
3
Objection d. e. Signer f. Other
------- Signer's signed (Must
-- address Petition specify
LINE # missing or more than legal
incomplete once at basis for
Sheet/Line objection)
indicated
1
2
3
The mandated use of this form shall not preclude an objector
from making objections to the qualifications of a circulator or
the manner in which the petition was circulated or notarized.
Such circulator or notarization objections may be included on
the recapitulation form. Use of the recapitulation form shall
not preclude an opposing party from challenging the sufficiency
of the objector's petition when it is shown by such party that
the objection appears on its face to have been filed without

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the objector first conducting a diligent examination of the
challenged signatures to determine whether they are indeed
invalid. In the event such a challenge is raised, in the form
of a motion to strike or otherwise, the electoral board may
conduct an examination of a randomly selected sample of no less
than 20% of the challenged signatures to determine whether a
sufficient number of signatures in the sample are valid or
invalid, thereby determining whether a complete examination of
all the challenged signatures is necessary. If, following the
examination of a randomly selected 20% sample of challenged
signatures, the number of sustained challenges is no greater
than 35% of the total number of challenged signatures, the
electoral board may suspend the records examination and order
the objector to appear before the board and show cause as to
why the objection should not be dismissed; this provision does
not apply to objections to a candidate's nomination petition
for an office with a petition signature requirement of fewer
than 500.
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. 86-1348.)