10 ILCS 5/10-10
2021 Illinois Compiled Statutes|Chapter 10 - ELECTIONS|10 ILCS 5/ - Election Code.|Article 10 - Making of Nominations in Certain Other Cases

 (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 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 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, 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, 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 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, 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 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 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 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.)