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HB4947 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4947

Introduced , by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-10.4 new
10 ILCS 5/10-10

from Ch. 46, par. 10-10

Amends the Election Code. Provides that each petition or certificate
of nomination may include a voluntarily waiver of personal service of
process and consent to notice of any objection by registered or certified
mail and posting on the website of the unit of local government associated
with the proper local election official or, if the unit of local government
does not maintain a website, by posting at the principal office of the unit
of local government. Makes conforming changes.
LRB104 16917 SPS 30329 b

A BILL FOR

HB4947
LRB104 16917 SPS 30329 b
1

AN ACT concerning elections.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Election Code is amended by changing
5
Section 10-10 and by adding Section 7-10.4 as follows:

6

(10 ILCS 5/7-10.4 new)
7

Sec. 7-10.4.
Waiver of personal service.
Each petition or
8
certificate of nomination may include as a part thereof, for
9
each of the candidates filing, a voluntarily waiver of
10
personal service of process under Section 10-10 and consent to
11
notice of any objection by registered or certified mail and
12
posting on the website of the unit of local government
13
associated with the proper local election official or, if the
14
unit of local government does not maintain a website, by
15
posting at the principal office of the unit of local
16
government.
17

The waiver shall be subscribed and sworn to by such
18
candidate before some officer authorized to take
19
acknowledgment of deeds in this State and shall be in
20
substantially the following form:

21
United States of America )

22
) ss

23
State of Illinois )

HB4947
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LRB104 16917 SPS 30329 b
1

I, ...., do swear that I am a candidate for the office of
2
...., that I acknowledge and understand that an objection may
3
be filed to my nomination papers in accordance with Section
4
10-8 of the Election Code, and that I hereby waive personal
5
service of any call related to an objection sent in accordance
6
with Section 10-10 of the Election Code. I knowingly and
7
voluntarily consent to notice by registered or certified mail
8
and posting of the call:

9

(1) on the publicly accessible website of the unit of
10

local government associated with the proper local election
11

official; or
12

(2) if the unit of local government does not maintain
13

a website, at the principal office of the unit of local
14

government associated with the proper local election
15

official.

16

I further acknowledge that the registered or certified
17
mail and posting shall constitute due and sufficient notice
18
under the Election Code and that I shall have the
19
responsibility to monitor such posting for notice of any
20
objection or scheduled hearing.

21
.......................
22

Subscribed and sworn to by me on (insert date).
23
.......................
24
(Notary Public)

25

My commission expires: .....

HB4947
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LRB104 16917 SPS 30329 b
1

(10 ILCS 5/10-10)

(from Ch. 46, par. 10-10)
2

Sec. 10-10.
Within 24 hours after the receipt of the
3
certificate of nomination or nomination papers or proposed
4
question of public policy, as the case may be, and the
5
objector's petition, the chair of the electoral board other
6
than the State Board of Elections shall send a call by
7
registered or certified mail: to each of the members of the
8
electoral board; to the objector who filed the objector's
9
petition; either to the candidate whose certificate of
10
nomination or nomination papers are objected to or to the
11
principal proponent or attorney for proponents of a question
12
of public policy, as the case may be, whose petitions are
13
objected to; to the election authority to whom the ballot is
14
certified; and to the appropriate county clerk. The chair of
15
the electoral board other than the State Board of Elections
16
shall also cause the sheriff of the county or counties in which
17
such officers and persons reside to serve a copy of such call
18
upon each of such officers and persons,
except that the chair
19
shall not cause service upon any person who has filed a waiver
20
of personal service in accordance with Section 7-10.4, and the
21
chair shall cause the proper local election official to
22
provide notice of the call by conspicuous posting on a website
23
maintained by the unit of local government associated with the
24
proper local election official, or, if the unit of local
25
government does not maintain a website, by conspicuous posting
26
at the principal office of the unit of local government, and

HB4947
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LRB104 16917 SPS 30329 b
1
the posting shall be made promptly and no later than 24 hours
2
after the proper local election official receives the call and
3
shall remain continuously posted until the conclusion of the
4
hearing on the objection,
which call shall set out the fact
5
that the electoral board is required to meet to hear and pass
6
upon the objections to nominations made for the office,
7
designating it, and shall state the day, hour and place at
8
which the electoral board shall meet for the purpose, which
9
place shall be in the county court house in the county in the
10
case of the County Officers Electoral Board, the Municipal
11
Officers Electoral Board, the Township Officers Electoral
12
Board or the Education Officers Electoral Board, except that
13
the Municipal Officers Electoral Board, the Township Officers
14
Electoral Board, and the Education Officers Electoral Board
15
may meet at the location where the governing body of the
16
municipality, township, or community college district,
17
respectively, holds its regularly scheduled meetings, if that
18
location is available; provided that voter records may be
19
removed from the offices of an election authority only at the
20
discretion and under the supervision of the election
21
authority. In those cases where the State Board of Elections
22
is the electoral board designated under Section 10-9, the
23
chair of the State Board of Elections shall, within 24 hours
24
after the receipt of the certificate of nomination or
25
nomination papers or petitions for a proposed amendment to
26
Article IV of the Constitution or proposed statewide question

HB4947
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LRB104 16917 SPS 30329 b
1
of public policy, send a call by registered or certified mail
2
to the objector who files the objector's petition, and either
3
to the candidate whose certificate of nomination or nomination
4
papers are objected to or to the principal proponent or
5
attorney for proponents of the proposed Constitutional
6
amendment or statewide question of public policy and shall
7
state the day, hour, and place at which the electoral board
8
shall meet for the purpose, which place may be in the Capitol
9
Building or in the principal or permanent branch office of the
10
State Board. The day of the meeting shall not be less than 3
11
nor more than 5 days after the receipt of the certificate of
12
nomination or nomination papers and the objector's petition by
13
the chair of the electoral board.
14

The electoral board shall have the power to administer
15
oaths and to subpoena and examine witnesses and, at the
16
request of either party and only upon a vote by a majority of
17
its members, may authorize the chair to issue subpoenas
18
requiring the attendance of witnesses and subpoenas duces
19
tecum requiring the production of such books, papers, records
20
and documents as may be evidence of any matter under inquiry
21
before the electoral board, in the same manner as witnesses
22
are subpoenaed in the Circuit Court.
23

Service of such subpoenas shall be made by any sheriff or
24
other person in the same manner as in cases in such court and
25
the fees of such sheriff shall be the same as is provided by
26
law, and shall be paid by the objector or candidate who causes

HB4947
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LRB104 16917 SPS 30329 b
1
the issuance of the subpoena. In case any person so served
2
shall knowingly neglect or refuse to obey any such subpoena,
3
or to testify, the electoral board shall at once file a
4
petition in the circuit court of the county in which such
5
hearing is to be heard, or has been attempted to be heard,
6
setting forth the facts, of such knowing refusal or neglect,
7
and accompanying the petition with a copy of the citation and
8
the answer, if one has been filed, together with a copy of the
9
subpoena and the return of service thereon, and shall apply
10
for an order of court requiring such person to attend and
11
testify, and forthwith produce books and papers, before the
12
electoral board. Any circuit court of the state, excluding the
13
judge who is sitting on the electoral board, upon such showing
14
shall order such person to appear and testify, and to
15
forthwith produce such books and papers, before the electoral
16
board at a place to be fixed by the court. If such person shall
17
knowingly fail or refuse to obey such order of the court
18
without lawful excuse, the court shall punish him or her by
19
fine and imprisonment, as the nature of the case may require
20
and may be lawful in cases of contempt of court.
21

The electoral board on the first day of its meeting shall
22
adopt rules of procedure for the introduction of evidence and
23
the presentation of arguments and may, in its discretion,
24
provide for the filing of briefs by the parties to the
25
objection or by other interested persons.
26

In the event of a State Electoral Board hearing on

HB4947
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LRB104 16917 SPS 30329 b
1
objections to a petition for an amendment to Article IV of the
2
Constitution pursuant to Section 3 of Article XIV of the
3
Constitution, or to a petition for a question of public policy
4
to be submitted to the voters of the entire State, the
5
certificates of the county clerks and boards of election
6
commissioners showing the results of the random sample of
7
signatures on the petition shall be prima facie valid and
8
accurate, and shall be presumed to establish the number of
9
valid and invalid signatures on the petition sheets reviewed
10
in the random sample, as prescribed in Section 28-11 and 28-12
11
of this Code. Either party, however, may introduce evidence at
12
such hearing to dispute the findings as to particular
13
signatures. In addition to the foregoing, in the absence of
14
competent evidence presented at such hearing by a party
15
substantially challenging the results of a random sample, or
16
showing a different result obtained by an additional sample,
17
this certificate of a county clerk or board of election
18
commissioners shall be presumed to establish the ratio of
19
valid to invalid signatures within the particular election
20
jurisdiction.
21

The electoral board shall take up the question as to
22
whether or not the certificate of nomination or nomination
23
papers or petitions are in proper form, and whether or not they
24
were filed within the time and under the conditions required
25
by law, and whether or not they are the genuine certificate of
26
nomination or nomination papers or petitions which they

HB4947
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LRB104 16917 SPS 30329 b
1
purport to be, and whether or not in the case of the
2
certificate of nomination in question it represents accurately
3
the decision of the caucus or convention issuing it, and in
4
general shall decide whether or not the certificate of
5
nomination or nominating papers or petitions on file are valid
6
or whether the objections thereto should be sustained and the
7
decision of a majority of the electoral board shall be final
8
subject to judicial review as provided in Section 10-10.1. The
9
electoral board must state its findings in writing and must
10
state in writing which objections, if any, it has sustained. A
11
copy of the decision shall be served upon the parties to the
12
proceedings in open proceedings before the electoral board. If
13
a party does not appear for receipt of the decision, the
14
decision shall be deemed to have been served on the absent
15
party on the date when a copy of the decision is personally
16
delivered or on the date when a copy of the decision is
17
deposited in the United States mail, in a sealed envelope or
18
package, with postage prepaid, addressed to each party
19
affected by the decision or to such party's attorney of
20
record, if any, at the address on record for such person in the
21
files of the electoral board.
22

Upon the expiration of the period within which a
23
proceeding for judicial review must be commenced under Section
24
10-10.1, the electoral board shall, unless a proceeding for
25
judicial review has been commenced within such period,
26
transmit, by registered or certified mail, a certified copy of

HB4947
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LRB104 16917 SPS 30329 b
1
its ruling, together with the original certificate of
2
nomination or nomination papers or petitions and the original
3
objector's petition, to the officer or board with whom the
4
certificate of nomination or nomination papers or petitions,
5
as objected to, were on file and to the election authority to
6
whom the ballot is certified and the appropriate county clerk,
7
and such officer or board shall abide by and comply with the
8
ruling so made to all intents and purposes.
9
(Source: P.A. 103-467, eff. 8-4-23.)

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