HomeMy WebLinkAboutRules of Procedure Municipal Officers Electoral Board
(Adopted 12-7-20)
MUNICIPAL OFFICERS ELECTORAL BOARD – 2021 Municipal Elections
CITY OF EVANSTON
RULES OF PROCEDURE
1.Appearance by an objector or by a candidate at the hearing on objections
may be pro se,or by counsel admitted and in good standing to the bar of the Supreme
Court of Illinois.On the Appearance form each Party must provide the Board with
electronic mail addresses and telephone numbers at which that party can be reached at
any time during the day and at night.If a Party chooses not to be represented by
counsel,that Party may proceed pro se and must perform the functions otherwise to be
performed by counsel.Due to the expedited nature of the hearings,failure by any Party
to monitor or be available at the addresses/numbers provided may result in a waiver of
rights.Non-attorneys cannot appear on behalf of or represent another party in Electoral
Board proceedings.
2.On the date set in the Call,both the objector and the candidate are
required to be present in person or by counsel and may be required to present their
cases.
3.After the Board convenes,it will be in session continuously until all
objections are disposed of.The Board may recess from time to time.The Board will
grant no continuances or resetting of initial hearings on objections.The Board retains
sole discretion regarding scheduling matters for its consideration.The Board may
schedule proceedings in a case to extend beyond the initial day set for hearing.A
quorum of the Board is two (2)members.The Board may,on the day of the initial
hearing of a case or thereafter,assign any part of a case to a Hearing Officer to conduct
proceedings,hear evidence and arguments,recommend findings of law and fact,and
report to the Board.The Hearing Officer does not have the power to make final findings
or issue a final decision.
4.Electoral Board Powers.The Electoral Board will conduct and preside
over all hearings and take necessary action to avoid delay,maintain order,ensure
compliance with all notice requirements,and ensure the development of a clear and
complete Record.The Board has all necessary powers to conduct a fair and impartial
hearing, including, but not limited to the following:
a.administer oaths and affirmations;
b.regulate the course of hearings,set the time and place for continued
hearings,set times for filing of documents,provide for the taking of
testimony by evidence deposition if necessary,and in general conduct
proceedings according to the recognized principles of administrative
law and these rules;
c.examine the witnesses and direct the witnesses to testify,limit the
number of times any witness may testify,limit repetitive testimony,and
set reasonable limits to the amount of time that each witness may
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testify;the Board members and the Board’s attorney may also examine
witnesses;
d.rule on offers of proof and receive relevant evidence;
e.direct parties to appear and confer for the settlement or simplification
of issues and otherwise conduct prehearing conferences;
f.dispose of procedural requests or similar matters;
g.require the parties to prepare written briefs and proposed findings of
fact and conclusions of law;
h.consider and rule on all motions presented in the course of the
proceedings;
i.consider such evidence as may be submitted,including,but not limited
to, documentary evidence, affidavits, and oral testimony;
j.prepare the Record of its proceedings;the City Clerk or his designee
will serve as ex officio Clerk of the Board and keep minutes of the
Board’s proceedings;
k.adopt Rules of Procedure,such Rules which will apply to Board
hearings convened in both the Mayor and Clerk candidate
filing/objections hearings;
l.the Board shall as a matter of procedure consider and count all
signatures that are filed in excess of the statutory maximum for any
elected office; and
m.enter any order that further carries out the purpose of these Rules.
5.Case Management Conference.The Board may direct the parties or their
attorneys to appear at a conference with the Board or its attorney at any time,for the
purpose of considering the following:
a.the formation and simplification of the issues;
b.the possibility of obtaining admissions of fact and genuineness of
documents to avoid unnecessary proof;
c.the limitation of the number of witnesses;
d.the preparation and submission of written briefs ;
e.scheduling of hearings on motions;
f.a proposed plan and schedule of discovery; and
g.any other matters that may aid in the disposition of the objections.
6.Order of Presentation.The Board will hear first preliminary motions in the
nature of a motion to dismiss under Section 2-615 of the Illinois Code of Civil
Procedure.The Board may,in its discretion,reserve rulings on any matter pending
further hearings.
The objector must first present his/her case-in-chief after consideration of such
preliminary motions.The objector bears the burden of presenting evidence sufficient to
support a decision sustaining the objection.The applicable evidentiary threshold on
issues of fact will be a “preponderance of the evidence.”The Board,in its discretion,
may entertain a motion for a directed finding at the close of the objector’s case-in-chief.
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After the conclusion of the objector’s case-in-chief,the candidate may present his/her
case-in-chief.
At the close of the candidate’s case-in-chief,the objector may offer a case in rebuttal.
Matters in rebuttal will be strictly limited to matters raised by the issues then before the
Board. Surrebuttal is not permitted.
7.In the interest of brevity,the Board may terminate evidence or argument
on repetitive matters or matters plainly beyond the scope of the case.The Board may
refuse to hear,with or without an objection of a party,evidence or argument it
determines not germane to the electoral board hearing.The Board may alter the order
of proof in order to expedite the hearing.
8.Within the parameters of the law,the Board will only consider written
objections and the written specifications of such objections to the original petitions,as
set forth in the objector’s petition.The objector’s petition cannot be amended.No
answer or response to the objector’s petition need be filed.The objector’s motivation or
personal knowledge of the factual basis for the objections is not relevant to the Board
and will not be considered.The objector does not need to prove that the objector is a
registered voter in the City of Evanston.The candidate may raise the lack of the
objector’s standing or eligibility as an affirmative defense in his/her own case-in-chief.
If a candidate fails to appear at a hearing,a default judgment may be entered against
the candidate,and the objections contained in the objector’s petition shall be confessed
against the candidate upon a determination by the Board that the objector’s petition sets
forth valid grounds for the removal of the candidate’s name from the ballot.If an
objector fails to appear at a hearing,the Board may,in its sole discretion,default the
objector and dismiss the objection.The Board has the sole discretion as to grant or
deny a motion to withdraw an objection or objections.The Board may,in its sole
discretion,require a preliminary showing of proof on the validity of any objection or may
order a partial check of some portion of the allegations of an objection.
9.The objector does not need to prove that the objector is a registered voter
within the City of Evanston.The candidate may raise the lack of the objector’s standing
or eligibility as an affirmative defense in his/her own case-in-chief.The objector’s
motivation or personal knowledge of the factual basis for the objections is not relevant
to the Board and shall not be considered.
10.All arguments of counsel and evidence must be confined to the points
raised by the objections and specifications,if any,to the objector’s petition,and by the
objector’s petition and specifications with respect to the nomination papers.The parties
will be limited to 10 minutes each for the presentation of their case,unless the Board,in
its sole discretion, extends the period of presentation.
If a Party is represented by Counsel, all questions and statements made on the
Record at any hearing can only be made by Counsel.
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The Chair of the Electoral Board, with the assistance of the Board’s attorney, will make
all necessary rulings, subject to appeal. The Board may overrule the Chair’s rulings by
a majority vote of the Board.
The Chair has the power to maintain order and decorum during any hearing. Public
comment will be allowed pursuant to the Illinois Open Meetings Act 5 ILCS 120/2.06 (g),
but to protect the integrity of the quasi-judicial process from inadmissible evidence, the
time for public remarks will be at the conclusion of each day’s session. Public Comment
is not part of the record.
All evidence must be relevant,probative,and material.The strict rules of evidence will
not apply.For matters not covered by these Rules,the Board will generally follow the
rules of practice in effect in the Circuit Court of Cook County,Illinois and the Illinois
Code of Civil Procedure.Because of the expedited nature of these proceedings,the
Board will not be bound by such rules in all particulars.Mandatory discovery is not
permitted. All testimony, if any, will be given under oath.
11.The Board will provide a certified court reporter for all hearings,but not for
record checks.The Board may waive this requirement at any time without notice.The
Board will not cause a transcript to be prepared unless it needs a transcript for a
particular purpose.If a petition for judicial review of the Board’s decision is filed,the
Board will provide a Record to the Court as provided by the Administrative Review Law.
Any party may purchase a transcript from the court reporter at his/her own expense.
12.If the objections to the nomination papers,or sufficient part thereof,are
sustained,the nomination papers will be held invalid,and the Board will state its ruling
and findings in a written decision,noting the objections which it sustained.A decision
may be executed by members of the Board in counterparts.If the objections or a
sufficient part thereof,are overruled,the nomination papers will be held valid,and the
Board will state its findings in a written decision.In the event that the Board is sitting
with only two members,and the two members do not agree as to the validity of any
objection, that objection will not be sustained.
13.The inspection of any actual records of the Election Official of the City of
Evanston will be restricted to members of the Board or Counsel,or representatives of
the Parties and the Board’s attorney.
14.Subpoenas.At the request of any party,the Chair may issue subpoenas
requesting 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 before the Board.The party must serve the subpoena,with the appropriate fee,
in the same manner as for subpoenas used in the Circuit Court of Cook County.
15.If any person served with a Board subpoena fails to honor it,the Board
may seek judicial enforcement of the subpoena as provided by law.
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16.Failure to Follow Directives.Failure to adhere to these Rules can be
suitable grounds for dismissal of the objector’s petition,or entry of a default against any
Party.
17.Decision.The Board will state its findings in a written decision,noting the
objections that were sustained.The Board will not default a candidate until after a
finding that the objections constitute sufficient grounds for removal from the ballot.
18.The Board designates Kelley A.Gandurski,Corporation Counsel of the
City of Evanston,as its attorney.The Board’s attorney,or her designee,is authorized
and directed to appear on behalf of MOEB at the Cook County Circuit Court if a petition
for judicial review is filed,and directed to defend the MOEB in any litigation that may
arise.The Board directs the City of Evanston to pay the reasonable and necessary
costs of the Board’s operation,including attorneys’fees,court reporting fees,and
similar expenses,from its general funds.The Board may appoint and assign a Hearing
Officer to any case,if necessary.The Board authorizes Ms.Gandurski to take any other
actions to assist the Electoral board as deemed necessary and appropriate consistent
with these Rules.
19.Record Checks.The Board,in its discretion and when applicable,may
order a record check to be conducted.The record check shall be used to initially
determine the validity of most standard objections to individual signatures and
circulators.At the record check,election documents and objections shall be compared
with the permanent voter registration records of the local election authority by
employees of the election authority acting under the direction and supervision of this
Board,if possible,and if not,then by the Board or its agent(s)or designee(s).If the
records of the election authority are stored on a computer database,the records check
may utilize the computerized records in lieu of or in addition to the originals.The record
check shall determine the validity of the following general types of objections:
a.whether the signer of an election document is a registered voter at the
address shown beside his/her signature;
b.whether the signature on an election document is genuine;
c.whether the signer of an election document is registered at an address
within the relevant political subdivision or district involved; and
d.whether a petition signer signed the document more than once.
20.The objector and candidate shall have the right to have an attorney and
one designated representative (watchers)present at the record check.If the designated
representative is the objector or candidate,that party shall not be entitled to any
additional watchers other than the attorney.The record check will proceed at the
scheduled time.The failure of any party to appear at the comparison shall not delay or
cause the record check to be rescheduled.Failure of any party to appear at a record
check shall result in that party being defaulted.The results of the record check shall be
noted by the election authority’s clerks on a form provided by the Board.Failure or
refusal of the watcher to sign the form does not affect the accuracy of the form.Blank
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copies of the form used shall be furnished to each watcher on request,so that the
watcher may note the results of the comparison.The election authority or the Board’s
representative(s)may order a watcher removed for misconduct that materially hampers
the businesslike proceedings of the record check.If a watcher is removed,the record
check will proceed immediately without that watcher.
21.A watcher may orally object to the findings of the clerk at the time the clerk
enters his/her ruling on the form.This objection shall also be noted by the clerk.
FAILURE TO OBJECT TO A FINDING OF THE CLERK AT THE RECORD CHECK
SHALL BAR THE PARTY FROM OBTAINING A CHECK OF ANY OTHER ELECTION
AUTHORITY RECORDS RELATING TO THAT SIGNATURE AND ALSO FROM
PRESENTATION OF ANY FURTHER EVIDENCE OR ARGUMENT BEFORE THE
BOARD WITH RESPECT TO THE ISSUE CONSIDERED AT THE RECORD CHECK.
22.Timing of Objections to Record Checks.Any party may object to the
results of the record check by filing a written request for further hearing before the
Board.This request shall indicate the specific name(s)objected to by sheet and line of
the election document and the ground(s)for the request.This request shall be filed no
later than 24 clock hours following the clerk’s ruling on the last signature examined at
the record check.The request shall be filed with the Board and served on the other
parties to the case.No request will be considered if the party did not make an objection
to the election authority’s finding at the time of the election authority’s clerk entered
his/her finding on the form.
23.At any subsequent record check objection hearing before the Board,the
ruling made by the clerks shall be deemed valid,and the moving party shall have the
burden of demonstrating that the ruling was incorrect by a preponderance of the
evidence.
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24.Any party filing any document must give notice of that filing by serving a
copy of that notice of filing and document to all other parties to the case.If a party or
his/her attorney has a fax machine or document scanner,service may be made to the
fax machine or by email transmission.Service must be done in a manner reasonably
calculated to provide actual and timely notice to the party.The party filing the document
must file a sworn Proof of Service with the Board.The Proof of Service shall set forth
the time,date and manner of service.The Proof of Service must be filed with the clerk
or his/her designee during regular office hours,or with the Board in open session.
Copies of any documents filed must also be emailed to kgandurski@cityofevanston.org
.All Parties are encouraged to assent to service of all documents and Board notices via
electronic mail.
Adopted: December ____, 2020
Electoral Board
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Chair, Mayor Stephen H. Hagerty
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