Bill Text: IL HB1649 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Election Code. In provisions concerning objections to certificates of nomination and nomination papers, designates the township officers electoral board of a township in a county with a population of 3,000,000 or more (rather than the township officers electoral board) to hear and pass upon objector's petitions. Makes a conforming change.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-18 - Assigned to Ethics & Elections [HB1649 Detail]
Download: Illinois-2025-HB1649-Introduced.html
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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 10-9 as follows:
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6 | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9) | |||||||||||||||||||
7 | Sec. 10-9. The following electoral boards are designated | |||||||||||||||||||
8 | for the purpose of hearing and passing upon the objector's | |||||||||||||||||||
9 | petition described in Section 10-8. | |||||||||||||||||||
10 | 1. The State Board of Elections will hear and pass | |||||||||||||||||||
11 | upon objections to the nominations of candidates for State | |||||||||||||||||||
12 | offices, nominations of candidates for congressional or | |||||||||||||||||||
13 | legislative offices that are in more than one county or | |||||||||||||||||||
14 | are wholly located within a single county with a | |||||||||||||||||||
15 | population of less than 3,000,000 and judicial offices of | |||||||||||||||||||
16 | districts, subcircuits, or circuits situated in more than | |||||||||||||||||||
17 | one county, nominations of candidates for the offices of | |||||||||||||||||||
18 | State's attorney or regional superintendent of schools to | |||||||||||||||||||
19 | be elected from more than one county, and petitions for | |||||||||||||||||||
20 | proposed amendments to the Constitution of the State of | |||||||||||||||||||
21 | Illinois as provided for in Section 3 of Article XIV of the | |||||||||||||||||||
22 | Constitution. | |||||||||||||||||||
23 | 2. The county officers electoral board of a county |
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1 | with a population of less than 3,000,000 to hear and pass | ||||||
2 | upon objections to the nominations of candidates for | ||||||
3 | county offices and judicial offices of a district, | ||||||
4 | subcircuit, or circuit coterminous with or less than a | ||||||
5 | county, for any school district offices, for the office of | ||||||
6 | multi-township assessor where candidates for such office | ||||||
7 | are nominated in accordance with this Code, for any | ||||||
8 | township officers, and for all special district offices, | ||||||
9 | shall be composed of the county clerk, or an assistant | ||||||
10 | designated by the county clerk, the State's attorney of | ||||||
11 | the county or an Assistant State's Attorney designated by | ||||||
12 | the State's Attorney, and the clerk of the circuit court, | ||||||
13 | or an assistant designated by the clerk of the circuit | ||||||
14 | court, of the county, of whom the county clerk or his | ||||||
15 | designee shall be the chair, except that in any county | ||||||
16 | which has established a county board of election | ||||||
17 | commissioners that board shall constitute the county | ||||||
18 | officers electoral board ex-officio. If a school district | ||||||
19 | is located in 2 or more counties, the county officers | ||||||
20 | electoral board of the county in which the principal | ||||||
21 | office of the school district is located shall hear and | ||||||
22 | pass upon objections to nominations of candidates for | ||||||
23 | school district office in that school district. | ||||||
24 | 2.5. The county officers electoral board of a county | ||||||
25 | with a population of 3,000,000 or more to hear and pass | ||||||
26 | upon objections to the nominations of candidates for |
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1 | county offices, candidates for congressional offices and | ||||||
2 | representatives in the General Assembly if the district is | ||||||
3 | wholly within a county with a population of 3,000,000 or | ||||||
4 | more, unless the district is wholly or partially within | ||||||
5 | the jurisdiction of a municipal board of election | ||||||
6 | commissioners, and judicial offices of a district, | ||||||
7 | subcircuit, or circuit coterminous with or less than a | ||||||
8 | county, for any school district offices, for the office of | ||||||
9 | multi-township assessor where candidates for such office | ||||||
10 | are nominated in accordance with this Code, for all | ||||||
11 | special district offices, and for candidates for the | ||||||
12 | Senate, shall be composed of the county clerk, or an | ||||||
13 | assistant designated by the county clerk, the State's | ||||||
14 | Attorney of the county or an Assistant State's Attorney | ||||||
15 | designated by the State's Attorney, and the clerk of the | ||||||
16 | circuit court, or an assistant designated by the clerk of | ||||||
17 | the circuit court, of the county, of whom the county clerk | ||||||
18 | or his designee shall be the chair, except that, in any | ||||||
19 | county which has established a county board of election | ||||||
20 | commissioners, that board shall constitute the county | ||||||
21 | officers electoral board ex-officio. If a school district | ||||||
22 | is located in 2 or more counties, the county officers | ||||||
23 | electoral board of the county in which the principal | ||||||
24 | office of the school district is located shall hear and | ||||||
25 | pass upon objections to nominations of candidates for | ||||||
26 | school district office in that school district. |
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1 | 3. The municipal officers electoral board to hear and | ||||||
2 | pass upon objections to the nominations of candidates for | ||||||
3 | officers of municipalities shall be composed of the mayor | ||||||
4 | or president of the board of trustees of the city, village | ||||||
5 | or incorporated town, and the city, village or | ||||||
6 | incorporated town clerk, and one member of the city | ||||||
7 | council or board of trustees, that member being designated | ||||||
8 | who is eligible to serve on the electoral board and has | ||||||
9 | served the greatest number of years as a member of the city | ||||||
10 | council or board of trustees, of whom the mayor or | ||||||
11 | president of the board of trustees shall be the chair. | ||||||
12 | 4. The township officers electoral board of a township | ||||||
13 | in a county with a population of 3,000,000 or more to pass | ||||||
14 | upon objections to the nominations of township officers | ||||||
15 | shall be composed of the township supervisor, the town | ||||||
16 | clerk, and that eligible town trustee elected in the | ||||||
17 | township who has had the longest term of continuous | ||||||
18 | service as town trustee, of whom the township supervisor | ||||||
19 | shall be the chair. | ||||||
20 | 5. The education officers electoral board to hear and | ||||||
21 | pass upon objections to the nominations of candidates for | ||||||
22 | offices in community college districts shall be composed | ||||||
23 | of the presiding officer of the community college district | ||||||
24 | board, who shall be the chair, the secretary of the | ||||||
25 | community college district board and the eligible elected | ||||||
26 | community college board member who has the longest term of |
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1 | continuous service as a board member. | ||||||
2 | 6. In all cases, however, where the Congressional, | ||||||
3 | Legislative, or Representative district is wholly or | ||||||
4 | partially within the jurisdiction of a single municipal | ||||||
5 | board of election commissioners in Cook County and in all | ||||||
6 | cases where the school district or special district is | ||||||
7 | wholly within the jurisdiction of a municipal board of | ||||||
8 | election commissioners and in all cases where the | ||||||
9 | municipality or township is wholly or partially within the | ||||||
10 | jurisdiction of a municipal board of election | ||||||
11 | commissioners, the board of election commissioners shall | ||||||
12 | ex-officio constitute the electoral board. | ||||||
13 | For special districts situated in more than one county, | ||||||
14 | the county officers electoral board of the county in which the | ||||||
15 | principal office of the district is located has jurisdiction | ||||||
16 | to hear and pass upon objections. For purposes of this | ||||||
17 | Section, "special districts" means all political subdivisions | ||||||
18 | other than counties, municipalities, townships and school and | ||||||
19 | community college districts. | ||||||
20 | In the event that any member of the appropriate board is a | ||||||
21 | candidate for the office with relation to which the objector's | ||||||
22 | petition is filed, he shall not be eligible to serve on that | ||||||
23 | board and shall not act as a member of the board and his place | ||||||
24 | shall be filled as follows: | ||||||
25 | a. In the county officers electoral board by the | ||||||
26 | county treasurer, and if he or she is ineligible to serve, |
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1 | by the sheriff of the county. | ||||||
2 | b. In the municipal officers electoral board by the | ||||||
3 | eligible elected city council or board of trustees member | ||||||
4 | who has served the second greatest number of years as a | ||||||
5 | city council or board of trustees member. | ||||||
6 | c. In the township officers electoral board by the | ||||||
7 | eligible elected town trustee who has had the second | ||||||
8 | longest term of continuous service as a town trustee. | ||||||
9 | d. In the education officers electoral board by the | ||||||
10 | eligible elected community college district board member | ||||||
11 | who has had the second longest term of continuous service | ||||||
12 | as a board member. | ||||||
13 | In the event that the chair of the electoral board is | ||||||
14 | ineligible to act because of the fact that he or she is a | ||||||
15 | candidate for the office with relation to which the objector's | ||||||
16 | petition is filed, then the substitute chosen under the | ||||||
17 | provisions of this Section shall be the chair; In this case, | ||||||
18 | the officer or board with whom the objector's petition is | ||||||
19 | filed, shall transmit the certificate of nomination or | ||||||
20 | nomination papers as the case may be, and the objector's | ||||||
21 | petition to the substitute chair of the electoral board. | ||||||
22 | When 2 or more eligible individuals, by reason of their | ||||||
23 | terms of service on a city council or board of trustees, | ||||||
24 | township board of trustees, or community college district | ||||||
25 | board, qualify to serve on an electoral board, the one to serve | ||||||
26 | shall be chosen by lot. |
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1 | Any vacancies on an electoral board not otherwise filled | ||||||
2 | pursuant to this Section shall be filled by public members | ||||||
3 | appointed by the Chief Judge of the Circuit Court for the | ||||||
4 | county wherein the electoral board hearing is being held upon | ||||||
5 | notification to the Chief Judge of such vacancies. The Chief | ||||||
6 | Judge shall be so notified by a member of the electoral board | ||||||
7 | or the officer or board with whom the objector's petition was | ||||||
8 | filed. In the event that none of the individuals designated by | ||||||
9 | this Section to serve on the electoral board are eligible, the | ||||||
10 | chair of an electoral board shall be designated by the Chief | ||||||
11 | Judge. | ||||||
12 | (Source: P.A. 103-467, eff. 8-4-23.) |