Ill. Admin. Code tit. 26, § 125.710 - Advisory Opinions
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.
2) Advisory opinions under this Subpart shall
be limited to issues pertaining to Section 9-8.10 of the Code.
b) The request must be submitted
in writing to the General Counsel and shall set forth the specific facts,
activity or transaction that the requesting party is undertaking, or intends to
undertake, and the specific issues on which the requesting party seeks an
advisory opinion.
1) Requests presenting
general questions of interpretation, hypothetical questions, or matters
relating to activities of third parties shall not qualify as requests for an
advisory opinion.
2) Issuance of
any advisory opinion shall at all times be discretionary with the
Board.
c) The General
Counsel shall review all requests for advisory opinions and, if the General
Counsel determines that the request is incomplete or does not otherwise qualify
under subsection (b), he or she shall, within 14 days after the receipt of the
request, notify the requesting party and specify any deficiencies in the
request. The requesting party may appeal any determination by the General
Counsel directly to the Board.
d)
If the General Counsel determines that the request may qualify for an advisory
opinion, or if the Board overrules the determination by the General Counsel
under subsection (c), the request shall be referred to the Campaign Disclosure
Division of the State Board of Elections for review and written comment. The
written comment shall be directed to the General Counsel, and the General
Counsel shall in turn review and provide written comment on the request to the
Board. The General Counsel shall also advise the party making the request for
opinion that the request has been submitted to the Board.
e) Board Determination
1) Within 60 days after a request is received
that qualifies for an advisory opinion, the Board shall issue to the requesting
party either:
A) a written advisory opinion;
or
B) a statement that the Board
declines to issue an advisory opinion.
2) An advisory opinion shall be issued only
upon the affirmative vote of 5 members of the Board.
f) An advisory opinion rendered by the Board
may be relied upon by:
1) the requesting
party;
2) any person involved in
the specific transaction or activity with respect to which the advisory opinion
is rendered; and
3) any person
involved in any specific transaction or activity that is indistinguishable in
all its material aspects from the transaction or activity with respect to which
the advisory opinion is rendered.
g) Nothing contained in this Section shall
preclude the distribution by the Board or any of its staff of information
consistent with the Election Code, any prior opinions of the Board, and any
relevant federal or state case law.
h) A copy of each advisory opinion shall be
sent to the requesting partyand to any legal representatives of the requesting
party.
Notes
Amended at 35 Ill. Reg. 2351, effective February 4, 2011
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