Bill Text: IL HB5922 | 2015-2016 | 99th General Assembly | Introduced


Bill Title: Amends the Election Code. Provides that if the filing fee is not tendered at the time the complainant presents the complaint, the complaint shall not be accepted. Provides that if the complaint is received between 31 and 15 days before an election about which the complaint is filed, then the State Board of Elections shall, at a minimum, hold the closed preliminary hearing and make the determination of whether the complaint was filed upon justifiable grounds, prior to the election. Provides that complaints involving any conduct that relates to an upcoming election shall not be accepted 14 or fewer business days before that election. Provides that, in other cases, the Board shall render its final judgment within 60 days of the date the complaint is filed. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB5922 Detail]

Download: Illinois-2015-HB5922-Introduced.html


99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5922

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-21 from Ch. 46, par. 9-21

Amends the Election Code. Provides that if the filing fee is not tendered at the time the complainant presents the complaint, the complaint shall not be accepted. Provides that if the complaint is received between 31 and 15 days before an election about which the complaint is filed, then the State Board of Elections shall, at a minimum, hold the closed preliminary hearing and make the determination of whether the complaint was filed upon justifiable grounds, prior to the election. Provides that complaints involving any conduct that relates to an upcoming election shall not be accepted 14 or fewer business days before that election. Provides that, in other cases, the Board shall render its final judgment within 60 days of the date the complaint is filed. Effective immediately.
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A BILL FOR

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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing Section
59-21 as follows:
6 (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
7 Sec. 9-21. Upon receipt of a complaint as provided in
8Section 9-20, the Board shall hold a closed preliminary hearing
9to determine whether or not the complaint appears to have been
10filed on justifiable grounds. Such closed preliminary hearing
11shall be conducted as soon as practicable after affording
12reasonable notice, a copy of the complaint, and an opportunity
13to testify at such hearing to both the person making the
14complaint and the person against whom the complaint is
15directed. If the complaint is received between 31 and 15 days
16before an election about which the complaint is filed, then the
17Board shall, at a minimum, hold the closed preliminary hearing
18and make the determination of whether the complaint was filed
19upon justifiable grounds, prior to the election. If the Board
20finds that the complaint was filed upon justifiable grounds and
21determines that a public hearing is necessary, that hearing may
22be set prior to the election if time permits. If time does not
23so permit, the hearing shall take place as soon as practicable

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1after the election. Complaints involving any conduct that
2relates to an upcoming election shall not be accepted 14 or
3fewer business days before that election. However, those
4complaints may be filed at any time after that election. If the
5Board fails to determine that the complaint has been filed on
6justifiable grounds, it shall dismiss the complaint without
7further hearing. Any additional hearings shall be open to the
8public.
9 Whenever the Board, in an open meeting, determines, after
10affording due notice and an opportunity for a public hearing,
11that any person has engaged or is about to engage in an act or
12practice which constitutes or will constitute a violation of
13any provision of this Article or any regulation or order issued
14thereunder, the Board shall issue an order directing such
15person to take such action as the Board determines may be
16necessary in the public interest to correct the violation.
17Except as provided above, the In addition, if the act or
18practice engaged in consists of the failure to file any
19required report within the time prescribed by this Article, the
20Board, as part of its order, shall further provide that if,
21within the 12-month period following the issuance of the order,
22such person fails to file within the time prescribed by this
23Article any subsequent report as may be required, such person
24may be subject to a civil penalty pursuant to Section 9-23. The
25Board shall render its final judgment within 60 days of the
26date the complaint is filed; except that during the 60 days

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1preceding the date of the election in reference to which the
2complaint is filed, the Board shall render its final judgment
3within 7 days of the date the complaint is filed, and during
4the 7 days preceding such election, the Board shall render such
5judgment before the date of such election, if possible.
6 At any time prior to the issuance of the Board's final
7judgment, the parties may dispose of the complaint by a written
8stipulation, agreed settlement or consent order. Any such
9stipulation, settlement or order shall, however, be submitted
10in writing to the Board and shall become effective only if
11approved by the Board in an open meeting. If the act or
12practice complained of consists of the failure to file any
13required report within the time prescribed by this Article,
14such stipulation, settlement or order may provide that if,
15within the 12-month period following the approval of such
16stipulation, agreement or order, the person complained of fails
17to file within the time prescribed by this Article any
18subsequent reports as may be required, such person may be
19subject to a civil penalty pursuant to Section 9-23.
20 Any person filing a complaint pursuant to Section 9-20 may,
21upon written notice to the other parties and to the Board,
22voluntarily withdraw the complaint at any time prior to the
23issuance of the Board's final determination.
24(Source: P.A. 96-832, eff. 1-1-11.)
25 Section 99. Effective date. This Act takes effect upon
26becoming law.
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