Bill Text: IL HB2225 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Removes provisions specifying petition and referenda requirements for proposed statewide advisory public questions. Modifies the procedures for: petition signature sample verification, including removing specified responsibilities of election authorities; valid signature calculation; and petition verification watchers. Makes conforming changes. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2225 Detail]

Download: Illinois-2023-HB2225-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2225 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
10 ILCS 5/10-10 from Ch. 46, par. 10-10
10 ILCS 5/28-3 from Ch. 46, par. 28-3
10 ILCS 5/28-9 from Ch. 46, par. 28-9
10 ILCS 5/28-11 from Ch. 46, par. 28-11
10 ILCS 5/28-12 from Ch. 46, par. 28-12
10 ILCS 5/28-13 from Ch. 46, par. 28-13
Amends the Election Code. Removes provisions specifying petition and referenda requirements for proposed statewide advisory public questions. Modifies the procedures for: petition signature sample verification, including removing specified responsibilities of election authorities; valid signature calculation; and petition verification watchers. Makes conforming changes. Makes other changes. Effective immediately.
LRB103 25610 BMS 51959 b
A BILL FOR
HB2225 LRB103 25610 BMS 51959 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 10-10, 28-3, 28-9, 28-11, 28-12, and 28-13 as
follows:
(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

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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
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

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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
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,

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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
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, to a petition proposing a statewide advisory
public question, 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

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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, such
results or 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 on the petition 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

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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
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
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

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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.)
(10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
Sec. 28-3. Form of petition for public question. Petitions
for the submission of public questions shall consist of sheets
of uniform size and each sheet shall contain, above the space
for signature, an appropriate heading, giving the information
as to the question of public policy to be submitted, and
specifying the state at large or the political subdivision or
district or precinct or combination of precincts or other
territory in which it is to be submitted and, where by law the
public question must be submitted at a particular election,
the election at which it is to be submitted. In the case of a
petition for the submission of a public question described in
subsection (b) of Section 28-6, the heading shall also specify
the regular election at which the question is to be submitted
and include the precincts included in the territory concerning
which the public question is to be submitted, as well as a
common description of such territory in plain and nonlegal
language, such description to describe the territory by
reference to streets, natural or artificial landmarks,
addresses or any other method which would enable a voter
signing the petition to be informed of the territory

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concerning which the question is to be submitted. The heading
of each sheet shall be the same. Such petition shall be signed
by the registered voters of the political subdivision or
district or precinct or combination of precincts in which the
question of public policy is to be submitted in their own
proper persons only, and opposite the signature of each signer
his residence address shall be written or printed, which
residence address shall include the street address or rural
route number of the signer, as the case may be, as well as the
signer's county, and city, village or town, and state;
provided that the county or city, village or town, and state of
residence of such electors may be printed on the petition
forms where all of the electors signing the petition reside in
the same county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address,
including street number, if any. No signature shall be valid
or be counted in considering the validity or sufficiency of
such petition unless the requirements of this Section are
complied with.
At the bottom of each sheet of such petition shall be added
a circulator's statement, signed by a person 18 years of age or
older who is a citizen of the United States, stating the street
address or rural route number, as the case may be, as well as
the county, city, village or town, and state; certifying that
the signatures on that sheet of the petition were signed in his
or her presence and are genuine, and that to the best of his or

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her knowledge and belief the persons so signing were at the
time of signing the petition registered voters of the
political subdivision or district or precinct or combination
of precincts in which the question of public policy is to be
submitted and that their respective residences are correctly
stated therein. Such statement shall be sworn to before some
officer authorized to administer oaths in this State.
Such sheets, before being filed with the proper officer or
board, shall be bound securely and numbered consecutively. The
sheets shall not be fastened by pasting them together end to
end, so as to form a continuous strip or roll. All petition
sheets which are filed with the proper local election
officials, election authorities or the State Board of
Elections shall be the original sheets which have been signed
by the voters and by the circulator, and not photocopies or
duplicates of such sheets. A petition, when presented or
filed, shall not be withdrawn, altered, or added to, and no
signature shall be revoked except by revocation in writing
presented or filed with the board or officer with whom the
petition is required to be presented or filed, and before the
presentment or filing of such petition, except as may
otherwise be provided in another statute which authorize the
public question. Whoever forges any name of a signer upon any
petition shall be deemed guilty of a forgery, and on
conviction thereof, shall be punished accordingly.
In addition to the foregoing requirements, a petition

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proposing an amendment to Article IV of the Constitution
pursuant to Section 3 of Article XIV of the Constitution, a
petition proposing a statewide advisory public question, or a
petition proposing a question of public policy to be submitted
to the voters of the entire State shall be in conformity with
the requirements of Section 28-9 of this Article.
If multiple sets of petitions for submission of the same
public questions are filed, the State Board of Elections,
appropriate election authority or local election official
where the petitions are filed shall within 2 business days
notify the proponent of his or her multiple petition filings
and that proponent has 3 business days after receipt of the
notice to notify the State Board of Elections, appropriate
election authority or local election official that he or she
may cancel prior sets of petitions. If the proponent notifies
the State Board of Elections, appropriate election authority
or local election official, the last set of petitions filed
shall be the only petitions to be considered valid by the State
Board of Elections, appropriate election authority or local
election official. If the proponent fails to notify the State
Board of Elections, appropriate election authority or local
election official then only the first set of petitions filed
shall be valid and all subsequent petitions shall be void.
(Source: P.A. 98-756, eff. 7-16-14.)
(10 ILCS 5/28-9) (from Ch. 46, par. 28-9)

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Sec. 28-9. Petitions for proposed amendments to Article IV
of the Constitution pursuant to Section 3, Article XIV of the
Constitution shall be signed by a number of electors equal in
number to at least 8% of the total votes cast for candidates
for Governor in the preceding gubernatorial election. Such
petition shall have been signed by the petitioning electors
not more than 24 months preceding the general election at
which the proposed amendment is to be submitted and shall be
filed with the Secretary of State at least 6 months before that
general election.
Upon receipt of a petition for a proposed Constitutional
amendment, the Secretary of State shall, as soon as is
practicable, but no later than the close of the next business
day, deliver such petition to the State Board of Elections.
Petitions for advisory questions of public policy to be
submitted to the voters of the entire State shall be signed by
a number of voters equal in number to 8% of the total votes
cast for candidates for Governor in the preceding
gubernatorial election. Such petition shall have been signed
by said petitioners not more than 24 months preceding the date
of the general election at which the question is to be
submitted and shall be filed with the State Board of Elections
at least 6 months before that general election.
The proponents of the proposed statewide advisory public
question shall file the original petition in bound sections.
Each section shall be composed of consecutively numbered

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petition sheets containing only the signatures of registered
voters. Any petition sheets not consecutively numbered or
which contain duplicate page numbers already used on other
sheets, or are photocopies or duplicates of the original
sheets, shall not be considered part of the petition for the
purpose of the random sampling verification and shall not be
counted toward the minimum number of signatures required to
qualify the proposed statewide advisory public question for
the ballot.
Within 7 business days following the last day for filing
the original petition, the proponents shall also file copies
of the petition sheets with each proper election authority and
obtain a receipt therefor.
For purposes of this Act, the following terms shall be
defined and construed as follows:
1. "Board" means the State Board of Elections.
2. "Election Authority" means a county clerk or city or
county board of election commissioners.
3. (Blank).
4. "Proponents" means any person, association, committee,
organization or other group, or their designated
representatives, who advocate and cause the circulation and
filing of petitions for a statewide advisory question of
public policy or a proposed constitutional amendment for
submission at a general election and who has registered with
the Board as provided in this Act.

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5. "Opponents" means any person, association, committee,
organization or other group, or their designated
representatives, who oppose a statewide advisory question of
public policy or a proposed constitutional amendment for
submission at a general election and who have registered with
the Board as provided in this Act.
(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15.)
(10 ILCS 5/28-11) (from Ch. 46, par. 28-11)
Sec. 28-11. The Board shall design a standard and
scientific random sampling method for the verification of
petition signatures for statewide advisory referenda and shall
conduct a public test to prove the validity of its sampling
method. Notice of the time and place for such test shall be
given at least 10 days before the date on which such test is to
be conducted and in the manner prescribed for notice of
regular Board meetings. Signatures on petitions for
constitutional amendments initiated pursuant to Article XIV,
Section 3 of the Illinois Constitution or statewide advisory
referenda need not be segregated by election jurisdiction. The
Board shall design a an alternative signature verification
method using random sampling for referenda initiated pursuant
to Article XIV, Section 3 of the Illinois Constitution and
statewide advisory referenda.
The Within 14 business days following the last day for the
filing of the original petition as prescribed in Section 28-9,

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the Board shall apply its proven random sampling method to the
petition sheets in each election jurisdiction section for the
purpose of selecting and identifying the petition signatures
to be included in the sample signature verification to be
conducted by the Board. for the respective jurisdictions and
shall prepare and transmit to each proper election authority a
list by page and line number of the signatures from its
election jurisdiction selected for verification.
For each election jurisdiction, the sample verification
shall include an examination of either (a) 10% of the
signatures if 5,010 or more signatures are involved; or (b)
500 signatures if more than 500 but less than 5,010 signatures
are involved; or (c) all signatures if 500 or less signatures
are involved.
The State Board of Elections Each election authority with
whom jurisdictional copies of petition sheets were filed shall
determine the validity use the proven random sampling method
designed and furnished by the Board for the verification of
those signatures contained in the sample shown on the list
supplied by the Board and in accordance with the following
criteria for determination of petition signature validity:
1. Determine if the person who signed the petition is
a registered voter in that election jurisdiction or was a
registered voter therein on the date the petition was
signed;
2. Determine if the signature of the person who signed

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the petition reasonably compares with the signature shown
on that person's registration record card.
The Board may adopt rules, as necessary, to implement the
provisions of this Section.
Within 14 business days following receipt from the Board
of the list of signatures for verification, each election
authority shall transmit a properly dated certificate to the
Board which shall indicate; (a) the page and line number of
petition signatures examined, (b) the validity or invalidity
of such signatures, and (c) the reasons for invalidity, based
on the criteria heretofore prescribed. The Board shall prepare
and adopt a standard form of certificate for use by the
election authorities which shall be transmitted with the list
of signatures for verification.
Upon written request of the election authority that, due
to the volume of signatures in the sample for its
jurisdiction, additional time is needed to properly perform
the signature verification, the Board may grant the election
authority additional days to complete the verification and
transmit the certificate of results. These certificates of
random sample verification results shall be available for
public inspection within 24 hours after receipt by the State
Board of Elections.
(Source: P.A. 97-81, eff. 7-5-11.)
(10 ILCS 5/28-12) (from Ch. 46, par. 28-12)

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Sec. 28-12. Upon completion of the signature verification
for referenda initiated pursuant to Article XIV, Section 3 of
the Illinois Constitution and statewide advisory referenda,
Upon receipt of the certificates of the election authorities
showing the results of the sample signature verification, the
Board shall:
1. Based on the sample of signatures examined,
calculate the ratio of invalid and or valid signatures in
each election jurisdiction.
2. Apply the ratio of invalid to valid signatures in
an election jurisdiction sample to the total number of
petition signatures submitted on the petition from that
election jurisdiction.
3. Compute the degree of multiple signature
contamination in each election jurisdiction sample.
4. Adjusting Adjust for multiple signature
contamination and the number of invalid signatures,
project the total number of valid petition signatures
submitted from each election jurisdiction.
5. (Blank). Aggregate the total number of projected
valid signatures from each election jurisdiction and
project the total number of valid signatures on the
petition statewide.
If such statewide projection establishes a total number of
valid petition signatures less not greater than 95.0% of the
minimum number of signatures required to qualify the proposed

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statewide advisory public question for the ballot, the
petition shall be presumed invalid; provided that, prior to
the last day for ballot certification for the general
election, the Board shall conduct a hearing for the purpose of
allowing the proponents to present competent evidence or an
additional sample to rebut the presumption of invalidity. At
the conclusion of such hearing, and after the resolution of
any specific objection filed pursuant to Section 10-8 of this
Code, the Board shall issue a final order declaring the
petition to be valid or invalid and shall, in accordance with
its order, certify or not certify the proposition for the
ballot.
If such statewide projection establishes a total number of
valid petition signatures greater than 95.0% of the minimum
number of signatures required to qualify the proposed
Constitutional amendment or statewide advisory public question
for the ballot, the results of the sample shall be considered
inconclusive and, if no specific objections to the petition
are filed pursuant to Section 10-8 of this Code, the Board
shall issue a final order declaring the petition to be valid
and shall certify the proposition for the ballot.
In either event, the Board shall append to its final order
the detailed results of the sample from each election
jurisdiction which shall include: (a) specific page and line
numbers of signatures actually verified or determined to be
invalid by the respective election authorities, and (b) the

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calculations and projections performed by the Board for each
election jurisdiction.
(Source: P.A. 97-81, eff. 7-5-11.)
(10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
Sec. 28-13. Each political party and civic organization as
well as the registered proponents and opponents of a petition
for an amendment to Article IV of the Constitution pursuant to
Section 3 of Article XIV of the Constitution, or a proposed
statewide advisory public question shall be entitled to one
watcher in the office of the election authority to observe the
conduct of the sample signature verification and participate
in any proceedings related thereto. However, in those election
jurisdictions where a 10% sample is required, the proponents
and opponents may appoint no more than 5 assistant watchers in
addition to the 1 principal watcher permitted herein.
Within 7 days following the last day for filing of the
original petition, the proponents and opponents shall certify
in writing to the Board that they publicly support or oppose
the proposed statewide advisory public question. The
proponents and opponents of such questions shall register the
name and address of its group and the name and address of its
chair and designated agent for acceptance of service of
notices with the Board. Thereupon, the Board shall prepare a
list of the registered proponents and opponents and shall
adopt a standard proponents' and opponents' watcher credential

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form. A copy of such list and sufficient copies of such
credentials shall be transmitted with the list for the sample
signature verification to the appropriate election
authorities. Those election authorities shall issue
credentials to the permissible number of watchers for each
proponent and opponent group; provided, however, that a
prospective watcher shall first present to the election
authority a letter of authorization signed by the chair of the
proponent or opponent group he or she represents.
Political party and qualified civic organization watcher
credentials shall be substantially in the form and shall be
authorized in the manner prescribed in Section 7-34 of this
Code.
The rights and limitations of pollwatchers as prescribed
by Section 7-34 of this Code, insofar as they may be made
applicable, shall be applicable to watchers at the conduct of
the sample signature verification.
The principal watcher for the proponents and opponents may
make signed written objections to the Board relating to
procedures observed during the conduct of the sample signature
verification which could materially affect the results of the
sample. Such written objections shall be presented to the
election authority and a copy mailed to the Board and shall be
attached to the certificate of sample results transmitted by
the election authority to the Board.
(Source: P.A. 100-1027, eff. 1-1-19.)

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Section 99. Effective date. This Act takes effect upon
becoming law.