reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart E - INVESTIGATIONS, INQUIRIES AND HEARINGS PURSUANT TO SECTION 9-18 › Section 125.520 - Staff Review and Enforcement of Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to filing a written complaint pursuant to Code Section
				  9-20, the State Board of Elections, through its staff, will:
a) Notify in writing each political committee
				that has failed to file a required report, or whose report is incorrect,
				incomplete, inaccurate or otherwise not in compliance with the law.
				Notification for failure to file a quarterly report shall be sent to all
				established political committees required to file that report. Notification of
				any violation of Code Section 9-10 shall be provided to the political committee
				no later than 365 days after the date of the violation.
b) The written notice required by subsection
				(a) shall be given by personal service or First Class mail. With respect to
				documents required that have been filed, the notice shall specify to the extent
				possible the deficiencies claimed in the reports.
c) The notice must also set a time, place and
				date for a pre-complaint conference to be held in accordance with Section
				125.530. The conference will be
				afforded to any political committee or its chair or treasurer, or to any other
				person affected, prior to a complaint being filed by or on behalf of the
				Board.
d) For good cause shown, the
				Director of the Division of Campaign Disclosure of the Board may extend the
				time for compliance for an additional 30 days after the date of the
				pre-complaint conference. No further extensions of time shall be given without
				express Board approval, and in those cases in which the reporting committee is
				subject to a "Standing Order" provision as provided in Section
				125.420, no extensions of time
				shall be given.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart E - INVESTIGATIONS, INQUIRIES AND HEARINGS PURSUANT TO SECTION 9-18 › Section 125.530 - Compliance Conference

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever a compliance conference is conducted, the parties
				  shall be afforded an opportunity to come into compliance with any applicable
				  requirement of the Election Code or any rule of the Board and to dispose of all
				  matters in dispute by written stipulation or agreed order. However, if the
				  campaign committee has previously failed to comply with the requirements of the
				  Election Code or any rule of the Board, any stipulation or agreed order must be
				  submitted to the Board and shall not be effective unless approved by the Board.
				  Repeated failures to comply with the Election Code or rules of the Board shall
				  entitle the Board to reject any proposed stipulation or agreed order and to
				  direct that a complaint be filed.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart E - INVESTIGATIONS, INQUIRIES AND HEARINGS PURSUANT TO SECTION 9-18 › Section 125.550 - Investigations, Inquiries or Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The Board, or General Counsel with prior consent of the
				  Chairman and Vice Chairman, may undertake other investigations or inquiries as
				  may be reasonable or necessary concerning any matter covered by the Act. Once
				  an investigation or inquiry has been so undertaken, the General Counsel shall
				  have the authority to hire factfinders or investigators or to carry out other
				  directions the Board may give. Subpoenas may be issued upon vote by the Board
				  in order to carry out the investigation, inquiry or hearing.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart F - RULEMAKING AND NON-ADJUDICATIVE HEARINGS › Section 125.610 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall apply to all rulemaking and other
				  non-adjudicative hearings and procedures except for closed preliminary hearings
				  under Subpart B of this Part. Hearings conducted pursuant to this Subpart shall
				  be deemed in the nature of legislative hearings.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart F - RULEMAKING AND NON-ADJUDICATIVE HEARINGS › Section 125.620 - Adoption of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Board proposes to adopt, amend or repeal a rule,
				  the Board shall conduct a public hearing if it determines that this would be
				  the most efficient way to facilitate public comment on the rulemaking or if the
				  agency receives a request for a public hearing within the first 14 days after
				  publication of the notice of proposed rulemaking in the Illinois Register from
				  25 interested persons, an association representing at least 100 interested
				  persons, the Governor, the Joint Committee on Administrative Rules, or a unit
				  of local government that may be affected [5 ILCS
				  100/5-40 ]. In all cases, the Board shall accept from
				  interested persons all written comments pertaining to the rulemaking that are
				  submitted during the 45 day First Notice period. If the Board finds that an
				  emergency requires adoption of a rule, it shall proceed without prior notice or
				  hearing, or upon any abbreviated notice and hearing that it finds practicable,
				  to adopt an emergency rule that shall be effective for a period of up to 150
				  days.
a) Revision of Proposed Rules.
				After any rulemaking hearing and prior to submission of Second Notice to JCAR,
				the Board may revise the proposed rules in response to suggestions made at the
				hearing and written submissions received prior or subsequent to the hearing,
				without conducting a further hearing on the revisions.
b) Notice of Final Rule. Any person heard on
				the original proposal, who has given his or her name and address to the Board,
				shall be given notice of the Board's final action.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart F - RULEMAKING AND NON-ADJUDICATIVE HEARINGS › Section 125.630 - Rulemaking Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The Board may either:
a) hold rulemaking hearings itself;
				or
b) designate a subcommittee of
				the Board, a member of the Board's staff, or a Hearing Officer to hold such a
				hearing. Pursuant to Section
				125.60(b),
				whenever possible, any person designated as a Hearing Officer shall be a
				licensed attorney in the State of Illinois.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart F - RULEMAKING AND NON-ADJUDICATIVE HEARINGS › Section 125.640 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice
				of Hearing shall be given at least 10 days prior to the date of the hearing:
1) By posting the Notice on the State Board
				of Elections website;
2) By posting
				the Notice at the principal and permanent branch offices of the State Board of
				Elections; and
3) If the Board
				determines necessary, by public advertisement in a newspaper of general
				circulation in Chicago or Springfield, depending on where the hearing is to
				take place.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart F - RULEMAKING AND NON-ADJUDICATIVE HEARINGS › Section 125.650 - Conduct of the Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing shall be conducted in such manner so as to insure
				  a fair hearing, to avoid delay, to maintain order, and to ensure development of
				  a clear and complete record. The hearing may provide for:
a) the prior submission of testimony and
				exhibits in writing;
b) the
				examination of witnesses under oath;
c) a limitation on the amount of time each
				witness may testify; and
d)
				restriction or elimination of merely cumulative testimony.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart F - RULEMAKING AND NON-ADJUDICATIVE HEARINGS › Section 125.660 - Examination of Witness

Current through Register Vol. 48, No. 28, July 12, 2024
Examination of witnesses by any member of the Board, by
				  counsel to the Board or by a Hearing Officer shall be permitted. Examination by
				  any other person shall be permitted in the discretion of the party conducting
				  the hearing. Repetitious examination may be limited.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart F - RULEMAKING AND NON-ADJUDICATIVE HEARINGS › Section 125.670 - Record

Current through Register Vol. 48, No. 28, July 12, 2024
All testimony shall be recorded either stenographically or by
				  electronic recording. The transcript, all written testimony, all exhibits
				  offered in connection with the hearing, and all written submissions shall
				  constitute the record.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart F - RULEMAKING AND NON-ADJUDICATIVE HEARINGS › Section 125.680 - Report of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
If a hearing is conducted by a member of the Board's staff,
				  or by a Hearing Officer, a written report shall be submitted to the Board at
				  its next regularly scheduled meeting. This report shall also be included in the
				  submission of the proposed rulemaking to the Joint Committee on Administrative
				  Rules (JCAR). The report shall summarize the record and shall include such
				  other comments, suggestions, conclusions or recommendations as the party
				  preparing the report deems necessary.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart G - ADVISORY OPINIONS › Section 125.710 - Advisory Opinions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Request
				and Scope
1) An advisory opinion may be
				requested from the State Board of Elections by any of the following:
A) a member of the Board;
B) any candidate for public office or the
				chairman or treasurer of any campaign committee that is, or may be, required to
				file any campaign disclosure reports.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart G - ADVISORY OPINIONS › Section 125.720 - Reconsideration of Advisory Opinion

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Board may reconsider an advisory opinion previously issued if the
				circumstances under which the opinion was issued have changed and either:
1) The requesting party submits a written
				request for reconsideration within 30 calendar days after receipt of the
				opinion and, upon the motion of a member of the Board who voted with the
				majority that originally approved the opinion, the Board adopts the motion to
				reconsider by the affirmative vote of 5 members; or
2) Upon motion of a member of the Board who
				voted with the majority that originally adopted the advisory opinion, the Board
				adopts the motion to reconsider by an affirmative vote of 5 members.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart G - ADVISORY OPINIONS › Section 125.730 - Public Availability of Advisory Opinions

Current through Register Vol. 48, No. 28, July 12, 2024
a) When issued, each advisory opinion shall
				be made public and shall be sent by mail or personal delivery to the requesting
				party.
b) A copy of all advisory
				opinions shall be kept on file and shall be made available for public
				inspection through the Office of the General Counsel in both the Chicago and
				Springfield offices. Opinions will be available for inspection during normal
				working hours.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart G - ADVISORY OPINIONS › Section 125.740 - Conflict Between this Part and the IAPA

Current through Register Vol. 48, No. 28, July 12, 2024
In the event of any conflict between this Part and the
				  Illinois Administrative Procedure Act [5 ILCS 100 ], the provisions of the
				  Illinois Administrative Procedure Act shall control.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart H - MISCELLANEOUS PROVISIONS › Section 125.810 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except in the disposition of matters they are authorized by law to entertain or
				dispose of on an ex parte basis, members of the Board, employees of the Board
				and Hearing Officers shall not, after the commencement of any proceeding
				pursuant to Article 9 or this Part, communicate, directly or indirectly with
				any party in connection with any pending issue except upon notice and
				opportunity for all parties to participate. If a party contacts an employee of
				the Board or the Hearing Officer without notice and an opportunity for the
				remaining parties to participate, and the party specifically references a
				pending complaint, the employee or Hearing Officer may provide only the time
				and place of the next hearing and contact information for the Hearing Officer
				and remaining parties, and shall instruct the party that future communications
				regarding the matter must include all parties.
b) With respect to any complaint filed
				pursuant to Subpart B, the prohibition provided for in subsection (a) shall
				commence with the filing of the complaint.
c) Nothing in this Section shall prohibit
				Board staff or Board members from communicating with each other, or a Hearing
				Officer or Board member from communicating with employees of the Board, to
				obtain their aid and advice on technical matters that fall within the area of
				expertise of the employee consulted.
d) Ex parte communications may also be
				governed by Section 5-50 of the State Officials and Employees Ethics Act
				[5 ILCS
				430 ].
e)
				The Board may institute sanctions against any violator of this Section as it
				may deem appropriate and authorized by law.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart H - MISCELLANEOUS PROVISIONS › Section 125.830 - Interpretation

Current through Register Vol. 48, No. 28, July 12, 2024
The use of the masculine shall include the feminine or neuter
				  where appropriate; the use of the singular shall include the plural where
				  necessary. Whenever the word "shall" is used it shall be considered mandatory.
				  The use of "may" is deemed permissive.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 125 - PRACTICE AND PROCEDURE › Subpart H - MISCELLANEOUS PROVISIONS › Section 125.840 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
The rules promulgated in this Part are severable and the
				  invalidity or unenforceability of one or more shall not affect the validity of
				  any other rule that may be given independent effect or
				  application.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.5 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to the procedures utilized by the State
				Board of Elections to resolve complaints filed pursuant to Title IV Section 402
				of the Help America Vote Act. This Part is authorized by the Act and Section
				10-5 of the Illinois Administrative Procedure Act [5 ILCS
				100/10-5 ].
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part, the following terms shall have the
				meanings specified:
"Act" or "HAVA" means the Help America Vote Act (
				Public Law
				107-252;
				42
				USC 15301 ) and all amendments.
"Board" means the State Board of Elections.
"Complainant" means a party initiating a proceeding under the
				Act by the filing of a complaint.
"Election Authority" means the county clerk in all counties
				that do not have a county board of election commissioners, the county board of
				election commissioners in those counties that have adopted the provisions of
				Article 6A of the Election Code and the city board of election commissioners in
				those cities that have adopted the provisions of Article 6 of the Election
				Code.
"Election Code" means the Illinois Election Code [10 ILCS 5
				].
"Federal Election" means any election in which candidates for
				federal office are scheduled to be elected or nominated. For purposes of this
				definition, federal offices are President and Vice President of the United
				States, United States Senator, Representative in the United States Congress,
				delegates and alternate delegates to the national nominating convention and
				candidates for the Presidential Preference Primary.
"Hearing" means the hearing held pursuant to Section
				150.30(c).
"Respondent" means an Election Authority, the State Board of
				Elections, or any other entity subject to the provisions of Title III of HAVA
				against whom a complaint is filed.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.15 - Filing of a Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
Any person who believes that a violation of any provision of
				Title III of the Act has occurred, or is occurring, or is about to occur may
				file a complaint with the State Board of Elections. If filed after the
				occurrence of the violation, the complaint must be filed no later than 90 days
				after the occurrence of the violation or 90 days after the federal election in
				connection with which the violation occurred, whatever date is later. Any
				complaint filed under this Section must allege a violation, or threatened
				violation, of Title III of the Act and state sufficient facts as to constitute
				a cause of action under Title III. In addition, the complaint must state
				whether the complainant desires a hearing on the record before the State Board
				of Elections.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.20 - Form of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 complaints filed under this Part shall be in writing and signed and sworn to
			 (or affirmed) by the person filing the complaint and shall be notarized. In
			 addition, the complaint shall:
1) be directed
			 to and state the name of the respondent against whom the complaint is
			 directed;
2) state the specific
			 provisions of Title III of the Act alleged to have been violated;
3) state the time, place and nature of the
			 alleged offense; and
4) be
			 verified, dated and signed by the complainant in substantially the following
			 manner:
Verification
"I declare that this complaint (including any
						  accompanying exhibits and statements) has been examined by me and to the best
						  of my knowledge and belief is a true and correct complaint as required by
						  section 402 of the Help America Vote Act."
Signed and sworn to (or affirmed) by
___________________________
Name of Complainant
before me on this
____________
day of
______________________
, 20
___
.
___________________________________________
Signature of Notary Public
(SEAL OF NOTARY)
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.25 - Service of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
The complainant shall serve a copy of the complaint upon the
				respondent. Service shall be complete when the document is served as provided
				in the Civil Practice Law [735 ILCS
				5/2-203(a) ], in person upon the
				party or his attorney, or deposited for mailing with the United States Postal
				Service, postage prepaid, registered or certified, addressed to the
				party.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.30 - Preliminary Review of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Preliminary Review
1) Upon the filing of a
			 complaint, the General Counsel shall perform a preliminary review to determine
			 whether the complaint meets the following requirements to constitute a valid
			 complaint under the Act.
A) The complaint
			 alleges a violation under Title III of the Act;
B) The complaint pertains to a federal
			 election; and
C) The complaint
			 states sufficient facts as to constitute a cause of action under the Act for
			 which the Board can grant appropriate relief.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.35 - Documents Pertaining to Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
All documents, including but not limited to complaints, notices
				and motions, shall be filed with the hearing examiner and a copy shall be
				served upon the adverse party or its attorney as provided by Section
				150.25 or,
				if agreed to by the parties, facsimile or electronic mail
				transmission.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.40 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
Computation of the 90 day period of time mandated by Section
				150.30(f)
				shall begin with the first day following the day on which the complaint is
				filed and shall run until the end of the 90th day,
				or the next following business day if the 90th day
				is a Saturday, Sunday or State holiday as defined in Section 1-6 of the
				Election Code.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.45 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
The parties to a complaint filed pursuant to this Part may
				appear on their own behalf or by an attorney at law who is licensed to practice
				in the State of Illinois. Any person appearing pro se or by an attorney shall
				file a written notice of appearance with the hearing examiner. The appearance
				form may be submitted at the beginning of the hearing; however, if no hearing
				is requested by the complainant, the appearance form shall be submitted to the
				hearing examiner, pursuant to Section
				150.35,
				within 15 business days after the filing of the complaint.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.50 - Non-Legal Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
Any party involved in the complaint proceeding shall have the
				right to the presence and participation of additional persons in order to
				provide technical assistance and/or consultation. To maintain order, the
				hearing examiner may at his discretion restrict the number of additional
				persons who may attend and participate in the proceedings. The State Board of
				Elections, including any hearing examiners, shall provide any required
				assistance to persons with disabilities. Assistance may include, but is not
				limited to, sign language interpreters, large print or Braille materials and
				access to the location of any hearings or meetings of the
				Board.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.55 - Designation of Parties

Current through Register Vol. 48, No. 28, July 12, 2024
If a complete determination of the complaint cannot be had
				without the presence of other parties, the General Counsel, the hearing
				examiner or the Board may direct those parties to be brought in. Service of
				process shall be as provided in Section
				150.25 and
				any subsequent motions and other documents shall be as provided in Section
				150.35.
				The 90 day time period for the Board to render its final decision shall be
				tolled from the date the General Counsel, hearing examiner or Board directs any
				additional party or parties to be brought in until the date of service on the
				last party. If the General Counsel, the hearing examiner or the Board
				determines that any unnecessary parties have been named by the complainant,
				those parties may be dismissed.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.60 - Answer

Current through Register Vol. 48, No. 28, July 12, 2024
Any respondent may file a written answer to a complaint prior
				to or at the time of any proceeding or hearing, but shall not be required to
				file an answer. The failure to file an answer shall not be deemed an admission
				of any allegation in the complaint nor a consent to any requested relief. The
				answer shall be filed with the hearing examiner and at least one copy shall be
				served upon all other parties to the proceeding, pursuant to Section
				150.35.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.65 - Appointment and Qualifications of Hearing Examiner

Current through Register Vol. 48, No. 28, July 12, 2024
Within 5 business days after the filing of a complaint, the
				General Counsel shall appoint a hearing examiner to hear the complaint who
				shall be a licensed attorney in the State of Illinois. If the Board is a
				respondent in the complaint, the General Counsel will appoint a non-staff
				attorney to act as the hearing examiner, who will act independently of the
				Board. Written notice of the appointment of the hearing examiner shall be
				provided to the parties within 5 business days after his or her
				appointment.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.70 - Authority of Hearing Examiner

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing examiner has the authority to conduct and preside
				over the hearing and is empowered to take all necessary action to avoid delay,
				to maintain order, to ensure compliance with all requirements contained in this
				Part, and to ensure the development of a clear and complete record and shall
				have all powers necessary to conduct a fair and impartial
				hearing.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.75 - Disqualification of Hearing Examiner

Current through Register Vol. 48, No. 28, July 12, 2024
Any party to a hearing may file a written request for
				disqualification of the hearing examiner, setting forth the nature of the
				personal bias, prejudice, or other grounds for disqualification. The request
				shall be made to the General Counsel who will make the decision as to whether
				the hearing examiner should be disqualified. When a hearing examiner is
				disqualified, or it becomes impractical for him or her to continue, another
				hearing examiner shall be appointed in the same manner as provided for the
				initial appointment. A hearing examiner may at any time voluntarily disqualify
				himself or herself. A request for disqualification made by a party shall be
				considered timely if made within 10 business days after the dispatch of the
				notice of the appointment of the hearing examiner and, if received by the
				General Counsel pursuant to Section
				150.35,
				at least five business days prior to the commencement of the
				hearing.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.80 - Motions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise directed by the hearing examiner, motions
				shall be in writing and submitted to the hearing examiner and the adverse party
				prior to the hearing, pursuant to Section
				150.35.
				Where the Board is conducting a hearing to determine the final disposition of
				the complaint, motions shall be received as directed by the
				Board.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.85 - Consolidation and Severance of Claims: Additional Parties

Current through Register Vol. 48, No. 28, July 12, 2024
In the interest of convenience and the expeditious and complete
				determination of claims, the hearing examiner or the Board may consolidate or
				sever complaints involving any number of parties.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.90 - Amendments

Current through Register Vol. 48, No. 28, July 12, 2024
Complaints may be amended under any of the following
				circumstances:
a) at the request of
			 the General Counsel following the preliminary review referred to in Section
			 150.30(a);
b) to correct any technical
			 defects;
c) to conform to the
			 evidence presented at the hearing;
d) to conform to new matters that arise at
			 the hearing if it appears from the original and amended complaint that the
			 cause of action asserted in the amended complaint grew out of the same
			 transaction or occurrence.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.95 - Pre-Hearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the
			 request of the hearing examiner or either party and prior to the hearing, the
			 hearing examiner may direct the parties or their attorneys to appear at a
			 specified time and place for a conference, for the purposes listed in this
			 subsection (a). The purposes for these conferences shall include:
1) the simplification of issues;
2) the necessity or desirability of amending
			 the complaint;
3) the possibility
			 of stipulations of fact;
4) the
			 limitation of the number of witnesses;
5) and other matters that may aid in the
			 simplification of the evidence and disposition of the proceeding.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.98 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing examiner shall provide written notice to the
				parties not less than 10 business days prior to the hearing. The notice shall
				include the date, time and location of the hearing and be sent via fax and
				certified mail with a requested return receipt.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.100 - Settlement Pursuant to Conference

Current through Register Vol. 48, No. 28, July 12, 2024
At any time prior to or during the hearing, an opportunity
				shall be afforded all parties to dispose of the case by written stipulation,
				agreed settlement or consent order, unless otherwise precluded by law. Any
				stipulation, agreed settlement, or consent order shall be submitted in writing
				to the Board and shall become effective only if approved by the
				Board.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.105 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
A hearing may be continued for good cause by the hearing
				examiner upon his own motion or upon motion of a party to the hearing after due
				consideration of any time limitations required by law or by this Part. Notice
				of any postponement or continuance shall be given to all parties at least 3
				business days in advance of the previously scheduled hearing date, pursuant to
				Section
				150.35.
				All parties involved in a hearing shall attempt to avoid undue delay caused by
				repetitive continuances so that the hearing may be resolved expeditiously. Any
				undue delay, caused by either party may be grounds for assignment of
				alternative dispute resolution service costs to that party, pursuant to Section
				150.145.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.110 - Failure of Party to Appear

Current through Register Vol. 48, No. 28, July 12, 2024
Failure of the respondent to appear on the date set for a
				hearing shall not deter the hearing from proceeding unless the hearing examiner
				shall, for good cause, order a continuance. Failure of the complainant to
				appear on the date set for hearing without good cause shown shall be grounds
				for dismissal of the complaint for want of prosecution.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.115 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing is an inquiry to elicit evidence on the question of
				whether the complaint is sufficiently grounded in fact and law.
a) Except with respect to matters of
			 privilege, the rules of evidence as applied in civil cases in courts of this
			 State shall not be strictly applied to hearings under this Part. Admissibility
			 of evidence shall be liberally interpreted in order to present all matters that
			 are or may be relevant to the issues affecting the parties. Hearsay evidence
			 shall be admissible if deemed to be reliable and trustworthy by the hearing
			 examiner.
b) The hearing examiner
			 shall exclude immaterial, irrelevant and repetitious evidence.
c) A party may conduct direct examinations or
			 cross-examinations without rigid adherence to formal rules of evidence,
			 provided the examination or cross-examination can be shown to be necessary and
			 pertinent to a full and fair disclosure of the subject matters of the
			 hearing.
d) Any person offering
			 evidence, written or oral, shall affirm to the hearing examiner that his or her
			 evidence is true to the best of his or her information and belief.
e) The hearing examiner may admit and rely
			 upon, for his or her recommendation, evidence or information of a type commonly
			 relied upon by reasonably prudent persons in the conduct of their
			 affairs.
f) Evidence may be
			 submitted in narrative form.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.120 - Official Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Notice may be taken of matters of which the circuit courts of
				this State may take judicial notice. In addition, notice may be taken of
				generally recognized technical or scientific facts within the Board's
				specialized knowledge. The Board's experience, technical competence and
				specialized knowledge may be utilized in the evaluation of any evidence
				submitted by the parties.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.125 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
			 Article 10 of the Illinois Administrative Procedure Act and Section 9-18 of the
			 Election Code, and upon application to the hearing examiner by any party, or
			 upon the request of the hearing examiner, the Board may authorize the General
			 Counsel to issue a subpoena for attendance at the hearing, which may include a
			 command to produce documents or other tangible things designated in the
			 subpoena that are reasonably necessary to resolution of the matter under
			 consideration. The hearing examiner, upon motion, and in any event at or before
			 the time specified in the subpoena for compliance, may quash or modify the
			 subpoena if it is unreasonable or oppressive.
b) Every subpoena shall state the title of
			 the action and shall command each person to whom it is directed:
1) to attend and give testimony at the time
			 and place specified; or
2) to
			 produce books, papers, documents or tangible things designated at the time and
			 place specified in the subpoena. The subpoena in this instance may provide that
			 personal attendance is not required.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.130 - Order of Proceeding, Record, Recommendation and Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) The complainant shall present his or her
			 case first unless the hearing examiner concludes that overall fairness demands
			 a different order or the parties consent to a different order of presentation,
			 approved by the hearing examiner.
b) At the close of the hearing, the hearing
			 examiner shall summarize his or her conclusions concerning the evidence and
			 information presented and draft a recommendation to the Board addressing the
			 question of whether the complaint is sufficiently grounded in fact and law. The
			 hearing examiner shall include any documents tendered to him or her during the
			 hearing and submit them with the recommendation to the General Counsel for his
			 or her consideration. The General Counsel shall then present the recommendation
			 and accompanying documentation to the Board for its final
			 determination.
c) The official
			 record of a hearing shall consist of the transcript (or tape recording of the
			 proceedings), copies of any motions submitted, documentary evidence, copies of
			 all notices and the recommendation of the hearing examiner and General
			 Counsel.
d) The State Board of
			 Elections shall provide written notice to the parties not less than seven
			 business days prior to the meeting of the State Board of Elections at which the
			 complaint will be presented for final Board disposition. The notice shall
			 include the time, date and location of the meeting and be sent via fax and
			 certified mail with a requested return receipt.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.135 - Responsibilities of the General Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of a copy of the
			 recommendation of the hearing examiner, the General Counsel shall:
1) Review the recommendation of the hearing
			 examiner, the transcript of the proceedings, and all admitted evidence to
			 determine whether the facts support the recommendation and whether questions of
			 law have been properly applied;
2)
			 Indicate in writing whether he or she concurs with the recommendation of the
			 hearing examiner and, if not, state the reasons for the nonconcurrence;
			 and
3) Transmit his or her remarks
			 and recommendation to the Board within a reasonable time prior to the meeting
			 at which the matter will be addressed by the Board.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.140 - Board Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 After the submission of the recommendation of the hearing examiner, the
			 transcript (if requested by the Board), and the recommendation of the General
			 Counsel, the Board shall make a final determination of whether the complaint
			 was sufficiently grounded in fact and law and the determination shall be set
			 forth in the form of a Board Order. If the Board determines that the complaint
			 was sufficiently grounded in fact and law, the Board shall, in its order, take
			 whatever action it is authorized under federal or State law and deems
			 appropriate under the circumstances to correct the matter complained of and
			 shall provide a timeframe in which its order must be complied with and the
			 consequences of failure to comply. If the Board determines that the complaint
			 is not sufficiently grounded in fact and law, and does not allege a violation
			 of Title III of the Act, then the Board shall dismiss the complaint or refer it
			 to the proper agency or department for consideration. Regardless of the Board's
			 disposition of the matter, the Board shall issue a written final order, subject
			 to the Administrative Review Law, within the parameters of Sections 9-22,
			 10-10.01 and 17-33 of the Election.
b) The Board may consider and discuss the
			 hearing examiner's recommendation through a conference telephone call begun in
			 open session and continued in executive session in lieu of an in-person
			 meeting. The consideration and discussion shall be deemed part of the hearing
			 process. Any action on the hearing examiner's recommendations must be taken in
			 open session, or if taken as part of the telephonic conference call, that
			 portion of the conference call shall be broadcast over a speaker phone or other
			 similar device at the permanent and branch offices of the Board and that
			 portion of the broadcast call shall be open to the media and public.
c) All final orders shall be posted on the
			 State Board of Elections website. In addition, copies of the orders shall be
			 given to the parties and be made available to the public.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 150 - ADMINISTRATIVE COMPLAINT PROCEDURES FOR VIOLATIONS OF TITLE III OF HAVA › Section 150.145 - Alternative Dispute Resolution

Current through Register Vol. 48, No. 28, July 12, 2024
If the State Board of Elections fails to resolve the complaint
				within 90 days after its filing, or the parties refuse to waive the 90 day
				deadline, the Board shall select a person, company or association providing
				dispute resolution services ("the service provider") to resolve the matter. If
				the parties object to the Board's selection, they shall be provided an
				opportunity to select a service provider and their selection shall then be
				presented to the Board. The Board shall select the service provider in
				consultation with the parties. If the Board and the parties fail to agree on
				the choice of the service provider, the names of the selections shall be placed
				in a container and the service provider shall be determined by lot, drawn by
				the Chairman of the Board. In all circumstances, the service provider shall
				have at least two years experience in providing mediation services in Illinois.
				Pursuant to section 402(a)(I) of HAVA, the matter shall be resolved within 60
				days after its referral and this time limitation shall be included in any
				contract for the provision of alternative dispute resolution services. Costs of
				the service shall be borne by the Board. The record from any hearing conducted
				under this Part shall be made available for use by the service provider to have
				costs of the services shifted to either party. The decision of the service
				provider shall be subject to judicial review. The Board may petition the
				service provider to have the costs of the services shifted to either party. The
				petition shall set forth facts warranting the shifting of costs and must show,
				at a minimum, that a determination was made by the service provider that the
				complaint was completely lacking any basis in fact or law, or unreasonable
				delay caused by the party resulted in the matter not being resolved by the
				Board within the original 90-day time period.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 201 - ESTABLISHED POLITICAL PARTY NOMINATING PETITIONS › Section 201.10 - Filing Times at the Office of the State Board of Elections

Current through Register Vol. 48, No. 28, July 12, 2024
a) All petitions for nomination to political
			 party office required by law to be filed with the State Board of Elections
			 relating to offices to be filled or for which party nominations are to be made
			 at the general Primary Election shall be filed at the principal office of the
			 State Board of Elections at 2329 S. MacArthur Boulevard, Springfield, Illinois
			 62704.
b) During the statutory
			 filing period, petitions will be received at the principal office of the State
			 Board of Elections from 8:00 a.m. until 5:00 p.m., Monday through Friday. No
			 nominating petitions will be accepted after 5:00 p.m.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 201 - ESTABLISHED POLITICAL PARTY NOMINATING PETITIONS › Section 201.20 - Determination of Nominating Petition's Official Time of Filing

Current through Register Vol. 48, No. 28, July 12, 2024
All nominating petitions received in the office of the State
				Board of Elections shall be deemed to have been filed in the following
				order:
a) Petitions received in the
			 first regular mail delivery on the first day of filing shall be deemed filed as
			 of 8:00 a.m. that date;
b) All
			 petitions filed by persons waiting in line as of 8:00 a.m. on the first day of
			 filing shall be deemed filed as of 8:00 a.m. that date;
c) Petitions filed in the office of the State
			 Board of Elections thereafter shall be deemed to be filed as of the time they
			 are actually received by the State Board of Elections.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 201 - ESTABLISHED POLITICAL PARTY NOMINATING PETITIONS › Section 201.30 - Filing Times for Objections and Withdrawals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Objections to or withdrawals of nominating
			 petitions filed with the State Board of Elections shall be received either in
			 the principal office of the State Board of Elections in Springfield or at the
			 permanent branch office at 100 West Randolph, Suite 14-100, Chicago, Illinois
			 60601 within five business days after the last day of the statutory period
			 during which those petitions for nomination shall be filed.
b) During the statutory period in which
			 objections and withdrawals shall be filed, objections and withdrawals will be
			 received at the offices of the State Board of Elections from 8:00 a.m. until
			 5:00 p.m., Monday through Friday. No objections or withdrawals will be accepted
			 after 5:00 p.m.
Illinois Administrative Code › Title 26 - ELECTIONS › Part 202 - NEW POLITICAL PARTY AND INDEPENDENT CANDIDATE NOMINATING PETITIONS › Section 202.10 - Filing Times at the Office of the State Board of Elections

Current through Register Vol. 48, No. 28, July 12, 2024
a) All new political party petitions for the
			 formation of that party and for the nomination of candidates to public office,
			 and all independent candidate petitions, with regard to all General Elections
			 to be held on the first Tuesday after the first Monday in November of even
			 numbered years, shall be filed at the principal office of the State Board of
			 Elections, 2329 S. MacArthur Boulevard, Springfield, Illinois 62704.
b) During the statutory filing period,
			 petitions will be received at the principal office of the State Board of
			 Elections from 8:00 a.m. until 5:00 p.m., Monday through Friday. No nominating
			 petitions will be accepted after 5:00 p.m.