Bill Amendment: IL HB1419 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ELEC CD-OBJECTOR'S PETITION
Status: 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1419 Detail]
Download: Illinois-2015-HB1419-House_Amendment_001.html
Bill Title: ELEC CD-OBJECTOR'S PETITION
Status: 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1419 Detail]
Download: Illinois-2015-HB1419-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1419
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2 | AMENDMENT NO. ______. Amend House Bill 1419 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Section 10-8 as follows:
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6 | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
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7 | Sec. 10-8.
Certificates of nomination and nomination | ||||||
8 | papers, and
petitions to submit public questions to a | ||||||
9 | referendum, being filed as
required by this Code, and being in | ||||||
10 | apparent conformity with the
provisions of this Act, shall be | ||||||
11 | deemed to be valid unless objection
thereto is duly made in | ||||||
12 | writing within 5 business days after the last day for
filing | ||||||
13 | the certificate of nomination or nomination papers or petition
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14 | for a public question, with the following exceptions:
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15 | A. In the case of petitions to amend Article IV of the
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16 | Constitution of the State of Illinois, there shall be a |
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1 | period of 35
business days after the last day for the | ||||||
2 | filing of such
petitions in which objections can be filed.
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3 | B. In the case of petitions for advisory questions of | ||||||
4 | public policy to be
submitted to the voters of the entire | ||||||
5 | State, there shall be a period of
35 business days after | ||||||
6 | the last day for the filing of such
petitions in which | ||||||
7 | objections can be filed.
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8 | Any legal voter of the political subdivision or district in | ||||||
9 | which the
candidate or public question is to be voted on, or | ||||||
10 | any legal voter in
the State in the case of a proposed | ||||||
11 | amendment to Article IV of the
Constitution or an advisory | ||||||
12 | public question to be submitted to the
voters of the entire | ||||||
13 | State, having objections to any certificate of nomination
or | ||||||
14 | nomination papers or petitions filed, shall file an objector's | ||||||
15 | petition
together with 2 copies thereof in the principal office | ||||||
16 | or the permanent branch
office of the State Board of Elections, | ||||||
17 | or in the office of the election
authority or local election | ||||||
18 | official with whom the certificate of
nomination, nomination | ||||||
19 | papers or petitions are on file. Objection petitions that do | ||||||
20 | not include 2 copies thereof, shall not be accepted.
In the | ||||||
21 | case of nomination papers or certificates of nomination,
the | ||||||
22 | State Board of Elections, election authority or local election | ||||||
23 | official
shall note the day and hour upon which such objector's
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24 | petition is filed, and shall, not later than 12:00
noon on the | ||||||
25 | second business day after receipt of the
petition, transmit by | ||||||
26 | registered mail or receipted
personal delivery the certificate |
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1 | of nomination or nomination papers and
the original objector's | ||||||
2 | petition to the chairman of the proper electoral
board | ||||||
3 | designated in Section 10-9 hereof, or his authorized agent, and
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4 | shall transmit a copy by registered mail or receipted personal | ||||||
5 | delivery
of the objector's petition, to the candidate whose | ||||||
6 | certificate of nomination
or nomination papers are objected to, | ||||||
7 | addressed to the place of residence
designated in said | ||||||
8 | certificate of nomination or nomination papers. In the
case of | ||||||
9 | objections to a petition for a proposed amendment to Article IV | ||||||
10 | of
the Constitution or for an advisory public question to be | ||||||
11 | submitted to the
voters of the entire State, the State Board of | ||||||
12 | Elections shall note the day
and hour upon which such | ||||||
13 | objector's petition is filed and shall transmit a
copy of the | ||||||
14 | objector's petition by registered mail or receipted personal
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15 | delivery to the person designated on a certificate attached to | ||||||
16 | the petition
as the principal proponent of such proposed | ||||||
17 | amendment or public question,
or as the proponents' attorney, | ||||||
18 | for the purpose of receiving notice of
objections. In the case | ||||||
19 | of objections to a petition for a public question,
to be | ||||||
20 | submitted to the voters of a political subdivision, or district
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21 | thereof, the election authority or local election official with | ||||||
22 | whom such
petition is filed shall note the day and hour upon | ||||||
23 | which such
objector's petition was filed, and shall, not later | ||||||
24 | than 12:00 noon on the
second business day after receipt of the | ||||||
25 | petition,
transmit by registered mail or receipted personal | ||||||
26 | delivery
the petition for the public question and the original |
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1 | objector's petition
to the chairman of the proper electoral | ||||||
2 | board designated in Section 10-9
hereof, or his authorized | ||||||
3 | agent, and shall transmit a copy by
registered mail or | ||||||
4 | receipted personal delivery, of the objector's petition
to the | ||||||
5 | person designated on a certificate attached to the petition as | ||||||
6 | the
principal proponent of the public question, or as the | ||||||
7 | proponent's attorney,
for the purposes of receiving notice of | ||||||
8 | objections.
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9 | The objector's petition shall give the objector's name and | ||||||
10 | residence
address, and shall state fully the nature of the | ||||||
11 | objections to the
certificate of nomination or nomination | ||||||
12 | papers or petitions in question,
and shall state the interest | ||||||
13 | of the objector and shall state what relief
is requested of the | ||||||
14 | electoral board.
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15 | The provisions of this Section and of Sections 10-9, 10-10 | ||||||
16 | and
10-10.1 shall also apply to and govern objections to | ||||||
17 | petitions for
nomination filed under Article 7 or Article 8, | ||||||
18 | except as otherwise
provided in Section 7-13 for cases to which | ||||||
19 | it is applicable, and also
apply to and govern petitions for | ||||||
20 | the submission of public questions under
Article 28.
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21 | Petitions for candidacy filed with any election authority | ||||||
22 | shall be provided to the public in electronic form, made | ||||||
23 | available online by the principal office or the permanent | ||||||
24 | branch office of the State Board of Elections, or by the office | ||||||
25 | of the election authority or local election official with whom | ||||||
26 | the petitions are filed. |
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1 | (Source: P.A. 98-691, eff. 7-1-14.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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