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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5766

Introduced 5/12/2026, by Rep. Bradley Fritts

SYNOPSIS AS INTRODUCED:

10 ILCS 5/10-10

from Ch. 46, par. 10-10

Amends the Election Code. In provisions concerning objections to
petitions for nomination, provides that, unless a proceeding for judicial
review has been commenced, the electoral board must transmit a certified
copy of its ruling to the election authority to whom the ballot is
certified and the appropriate county clerk before the date on which
ballots must be printed.
LRB104 21660 SPS 37196 b

A BILL FOR

HB5766
LRB104 21660 SPS 37196 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 as follows:

6

(10 ILCS 5/10-10)

(from Ch. 46, par. 10-10)
7

Sec. 10-10.
Within 24 hours after the receipt of the
8
certificate of nomination or nomination papers or proposed
9
question of public policy, as the case may be, and the
10
objector's petition, the chair of the electoral board other
11
than the State Board of Elections shall send a call by
12
registered or certified mail: to each of the members of the
13
electoral board; to the objector who filed the objector's
14
petition; either to the candidate whose certificate of
15
nomination or nomination papers are objected to or to the
16
principal proponent or attorney for proponents of a question
17
of public policy, as the case may be, whose petitions are
18
objected to; to the election authority to whom the ballot is
19
certified; and to the appropriate county clerk. The chair of
20
the electoral board other than the State Board of Elections
21
shall also cause the sheriff of the county or counties in which
22
such officers and persons reside to serve a copy of such call
23
upon each of such officers and persons, which call shall set

HB5766
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LRB104 21660 SPS 37196 b
1
out the fact that the electoral board is required to meet to
2
hear and pass upon the objections to nominations made for the
3
office, designating it, and shall state the day, hour and
4
place at which the electoral board shall meet for the purpose,
5
which place shall be in the county court house in the county in
6
the case of the County Officers Electoral Board, the Municipal
7
Officers Electoral Board, the Township Officers Electoral
8
Board or the Education Officers Electoral Board, except that
9
the Municipal Officers Electoral Board, the Township Officers
10
Electoral Board, and the Education Officers Electoral Board
11
may meet at the location where the governing body of the
12
municipality, township, or community college district,
13
respectively, holds its regularly scheduled meetings, if that
14
location is available; provided that voter records may be
15
removed from the offices of an election authority only at the
16
discretion and under the supervision of the election
17
authority. In those cases where the State Board of Elections
18
is the electoral board designated under Section 10-9, the
19
chair of the State Board of Elections shall, within 24 hours
20
after the receipt of the certificate of nomination or
21
nomination papers or petitions for a proposed amendment to
22
Article IV of the Constitution or proposed statewide question
23
of public policy, send a call by registered or certified mail
24
to the objector who files the objector's petition, and either
25
to the candidate whose certificate of nomination or nomination
26
papers are objected to or to the principal proponent or

HB5766
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LRB104 21660 SPS 37196 b
1
attorney for proponents of the proposed Constitutional
2
amendment or statewide question of public policy and shall
3
state the day, hour, and place at which the electoral board
4
shall meet for the purpose, which place may be in the Capitol
5
Building or in the principal or permanent branch office of the
6
State Board. The day of the meeting shall not be less than 3
7
nor more than 5 days after the receipt of the certificate of
8
nomination or nomination papers and the objector's petition by
9
the chair of the electoral board.
10

The electoral board shall have the power to administer
11
oaths and to subpoena and examine witnesses and, at the
12
request of either party and only upon a vote by a majority of
13
its members, may authorize the chair to issue subpoenas
14
requiring the attendance of witnesses and subpoenas duces
15
tecum requiring the production of such books, papers, records
16
and documents as may be evidence of any matter under inquiry
17
before the electoral board, in the same manner as witnesses
18
are subpoenaed in the Circuit Court.
19

Service of such subpoenas shall be made by any sheriff or
20
other person in the same manner as in cases in such court and
21
the fees of such sheriff shall be the same as is provided by
22
law, and shall be paid by the objector or candidate who causes
23
the issuance of the subpoena. In case any person so served
24
shall knowingly neglect or refuse to obey any such subpoena,
25
or to testify, the electoral board shall at once file a
26
petition in the circuit court of the county in which such

HB5766
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LRB104 21660 SPS 37196 b
1
hearing is to be heard, or has been attempted to be heard,
2
setting forth the facts, of such knowing refusal or neglect,
3
and accompanying the petition with a copy of the citation and
4
the answer, if one has been filed, together with a copy of the
5
subpoena and the return of service thereon, and shall apply
6
for an order of court requiring such person to attend and
7
testify, and forthwith produce books and papers, before the
8
electoral board. Any circuit court of the state, excluding the
9
judge who is sitting on the electoral board, upon such showing
10
shall order such person to appear and testify, and to
11
forthwith produce such books and papers, before the electoral
12
board at a place to be fixed by the court. If such person shall
13
knowingly fail or refuse to obey such order of the court
14
without lawful excuse, the court shall punish him or her by
15
fine and imprisonment, as the nature of the case may require
16
and may be lawful in cases of contempt of court.
17

The electoral board on the first day of its meeting shall
18
adopt rules of procedure for the introduction of evidence and
19
the presentation of arguments and may, in its discretion,
20
provide for the filing of briefs by the parties to the
21
objection or by other interested persons.
22

In the event of a State Electoral Board hearing on
23
objections to a petition for an amendment to Article IV of the
24
Constitution pursuant to Section 3 of Article XIV of the
25
Constitution, or to a petition for a question of public policy
26
to be submitted to the voters of the entire State, the

HB5766
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LRB104 21660 SPS 37196 b
1
certificates of the county clerks and boards of election
2
commissioners showing the results of the random sample of
3
signatures on the petition shall be prima facie valid and
4
accurate, and shall be presumed to establish the number of
5
valid and invalid signatures on the petition sheets reviewed
6
in the random sample, as prescribed in Section 28-11 and 28-12
7
of this Code. Either party, however, may introduce evidence at
8
such hearing to dispute the findings as to particular
9
signatures. In addition to the foregoing, in the absence of
10
competent evidence presented at such hearing by a party
11
substantially challenging the results of a random sample, or
12
showing a different result obtained by an additional sample,
13
this certificate of a county clerk or board of election
14
commissioners shall be presumed to establish the ratio of
15
valid to invalid signatures within the particular election
16
jurisdiction.
17

The electoral board shall take up the question as to
18
whether or not the certificate of nomination or nomination
19
papers or petitions are in proper form, and whether or not they
20
were filed within the time and under the conditions required
21
by law, and whether or not they are the genuine certificate of
22
nomination or nomination papers or petitions which they
23
purport to be, and whether or not in the case of the
24
certificate of nomination in question it represents accurately
25
the decision of the caucus or convention issuing it, and in
26
general shall decide whether or not the certificate of

HB5766
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LRB104 21660 SPS 37196 b
1
nomination or nominating papers or petitions on file are valid
2
or whether the objections thereto should be sustained and the
3
decision of a majority of the electoral board shall be final
4
subject to judicial review as provided in Section 10-10.1. The
5
electoral board must state its findings in writing and must
6
state in writing which objections, if any, it has sustained. A
7
copy of the decision shall be served upon the parties to the
8
proceedings in open proceedings before the electoral board. If
9
a party does not appear for receipt of the decision, the
10
decision shall be deemed to have been served on the absent
11
party on the date when a copy of the decision is personally
12
delivered or on the date when a copy of the decision is
13
deposited in the United States mail, in a sealed envelope or
14
package, with postage prepaid, addressed to each party
15
affected by the decision or to such party's attorney of
16
record, if any, at the address on record for such person in the
17
files of the electoral board.
18

Upon the expiration of the period within which a
19
proceeding for judicial review must be commenced under Section
20
10-10.1, the electoral board shall, unless a proceeding for
21
judicial review has been commenced within such period,
22
transmit, by registered or certified mail, a certified copy of
23
its ruling, together with the original certificate of
24
nomination or nomination papers or petitions and the original
25
objector's petition, to the officer or board with whom the
26
certificate of nomination or nomination papers or petitions,

HB5766
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LRB104 21660 SPS 37196 b
1
as objected to, were on file and to the election authority to
2
whom the ballot is certified and the appropriate county clerk,
3
and such officer or board shall abide by and comply with the
4
ruling so made to all intents and purposes.
Unless a
5
proceeding for judicial review has been commenced, the
6
electoral board must transmit a certified copy of its ruling
7
to the election authority to whom the ballot is certified and
8
the appropriate county clerk before the date on which ballots
9
must be printed under Section 16-5 or 16-5.01.

10

11
(Source: P.A. 103-467, eff. 8-4-23.)

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