HomeMy WebLinkAboutIV. COW Agenda Item Election Discussion/Referendum
Mount Prospect
Village of Mount Prospect
Mount Prospect, Illinois
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INTEROFFICE MEMORANDUM
TO:
VILLAGE MANAGER MICHAEL E. JANONIS
FROM:
VILLAGE CLERK
DATE:
MAY 21, 2009
SUBJECT:
MUNICIPAL ELECTIONS
Chapter 10, "Elections" of the Illinois Compiled Statutes serves as the general election law of
the State. The State Board of Elections uses the Election Code to prepare a Local Election
Handbook to be used as a guide for Consolidated Primary and Consolidated Elections. The
handbook is designed to assist local election officials with the administration and conduct of the
election process. The Local Election Handbook is updated and published every Consolidated
Election.
The State Board of Elections also prepares a Candidate's Guide for individuals seeking office at
the local level. The Candidate's Guide includes filing dates and the general requirements for
filing as well as a section that provides answers to frequently asked questions about nominating
petitions and procedures. The Candidate's Guide also advises candidates to contact the
Village Clerks office for additional information.
BACKGROUND
The final amended copy of the 2009 Candidate's Guide was released September 29, 2008.
(Circulation of Petitions for candidates required to comply with the filing. date for Consolidated
Primary Elections began September 16, 2008.) The revisions to the 2009 Candidate's Guide
which appeared to be in conflict with the Village of Mount Prospect's long-standing election
process created a number of concerns regarding the Village's election process. While the
Village made the final determination to follow the revised procedures set forth by the State
Board of Elections for the 2009 Elections, the disparity generated by the procedural changes
warranted further review of the Village's policy and practice relative to the election process
including nomination petitions and the role of the "local election official."
DISCUSSION
In accordance with the Election Code, the Village Clerk serves as the "local election official" for
the Village of Mount Prospect, and, as such, it is the policy and practice of the office of the
Village Clerk to comply with the requirements set forth in the Election Code; provide information,
filing of nomination papers, certification of candidate's name for election ballot, accept
objections and convene the local Electoral Board.
However, each election year the Village Clerks office seems to be challenged by the "technical
aspects" of the filing of nomination papers. Most recently, the question has become whether the
Village Clerk should scrutinize or assist candidates with the "technical" compliance of filing
nomination papers such as; binding of petitions or numbering of petition pages.
Municipal Elections - May 21, 2009
Page 2
And, while the Election Code is very clear on what "objections" can be filed and how to proceed
in response to objections, there is little guidance on what information or assistance, if any the
"local election official" should provide in this area. Nor does there appear to be a consistent
practice among municipal election officials.
Historically, the Village Clerk provides the basic information relative to the election process, in
writing, to all interested candidates. Most importantly though, the memorandum advises
candidates, the informational sheet is only a guide, all information is to be verified with the State
Board of Elections. (The State Board of Elections recommends all prospective candidates
consult with competent legal counsel when preparing nomination papers.) Then, at the time of
filing the Village Clerk goes through a checklist of the required documents that must be
submitted for a valid filing. Once filed, the nomination papers must be available for public
access. And, if there are objections to a candidate's nomination papers, the Village Clerk, in
accordance with the Election Code, takes the necessary steps to convene the local Electoral
Board to hear and rule on the objections.
At this time, the Village Clerk's office is seeking direction from the Village Board regarding the
scope of responsibilities beyond those established by the Illinois Election Code of the "local
election official" in the election process. As the Candidate's Guide directs potential candidates
to the Village Clerk for additional information, it would seem appropriate to establish specific
policies and practices for the Village Clerk as the "local election official." While there are several
options the Village Board may want to consider, the most essential criteria will be the consistent
application once the guidelines are in place.
Informational Options
· Refer candidates to the State Board of Election (web site/phone number)
· Memorandum from the Village Clerks office with basic Information - required documents for
filing, filing period, required signatures
· Instructional sheet - attachment to memorandum with information taken from Candidate's
Guide regarding "technical" preparation of nomination papers.
· Public seminar for all interested candidates seeking public office - qualified individual, "non-
Village employee" to walk potential candidates through the nomination/election process.
FilinQ Options
· Checklist for required documents - accept for filing if all required documents submitted;
provide candidate with receipt.
· Provide candidates with instructional sheet - opportunity for candidates to review technical
requirements prior to submittal of nomination papers.
Please forward this memorandum to the Mayor and Village Board for their review and
consideration at the May 26, 2009 Committee of the Whole meeting. Staff will be present to
answer any questions related to this matter.
Thank you.
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