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written rulings on said complaints which may be received. * The committee may issue advisory opinions upon written request and a written record of those opinions shall be kept and published. * Prior to the counting of ballots any ISBA member may file a complaint with the committee and the committee shall make an appropriate ruling thereon. The ruling may provide for sanctions, giving due consideration to the nature of any violation that is determined to have occurred. * Such rulings may include: (a) the imposition of sanctions consisting of, but not limited to, (1) disqualification, (2) public or private reprimands, (3) reimbursement of reasonable costs incurred by the candidate(s) and ISBA in rectifying the violations and in connection with the conduct of any investigation and hearing if an adverse ruling results therefrom; (b) extension of the deadline for the dispatch of ballots by up to one week, and (c) the granting to other candidates additional rights as may be appropriate. All rulings of the Bar Election Supervision Committee shall be construed as a final determination and there shall be no appeal. Para. 2.13. The use of ISBA titles, or of local or specialized bar association titles, by persons endorsing candidates shall not be used in ISBA mailings or publications or promotional materials developed by candidates. The affiliation, firm name, office, or title (including Honorable) of such candidate's supporters shall not be listed in any election material or publication, except that the city of the principal business office may be included. Para. 2.14. Published endorsements by members of the Board of Governors or officers of the Association shall not be made in elections for officers or Board of Governors, which prohibition includes past presidents for the year served as Immediate Past President on the Board of Governors. Para. 2.15. There shall be one combined mailing provided by ISBA for candidates for the office of Third Vice-President and candidates for the Board of Governors. Cost of envelopes, assembling, printing and mailing shall be paid by ISBA. Para. 2.16. One list of ISBA members, either in the form of a roster or mailing labels, shall be provided upon request to candidates for election upon reimbursement of ISBA for the cost of preparation. Additional copies in either format shall be available at the usual and customary charge. Mailing lists on electronic media will not be provided to candidates. Para. 2.17. In case of a conflict, the specific policies with regard to the Third Vice-President, Board of Governors or Assembly candidates shall govern over these general policies of Section 2. Para. 2.18. Any candidate for ISBA elective office, by filing a petition to be placed on the ballot for such office, signifies that such candidate agrees to be bound by the election procedures of ISBA. Para. 2.19. In all elections there shall be a 100-name limit on any committee of a candidate, and candidates are limited to the use of the names of the same 100 individuals for all campaign materials for all offices in a single election to which the candidate is seeking office. The affiliation, firm name, office, or title (including Honorable) of the candidate's supporters shall not be listed in any election material or publication except that the city of the principal business office may be included. Para. 2.20. Each candidate shall notify the members of the candidate's committee of the "ISBA Policy and Procedures on Association Elections," which procedures govern the election process, and advise that they must comply with those procedures. Para. 2.21. The Executive Director shall enclose, with acknowledgment of filing, a candidate's kit, which shall include, but not be limited to, a copy of "ISBA Policy and Procedures on Association Elections." Each candidate shall promptly acknowledge receipt of the "ISBA Policy and Procedures on Association Elections" and promptly acknowledge in writing receipt of the Policy and Procedures, acknowledge that they have read and understand the Policy and Procedures and agree to be bound by the Policy and Procedures. Para. 2.22. Each candidate for all elected offices, shall on or before May 1 of the year of the election, file a Certificate of Compliance with the policies as set forth herein, including but not limited to the campaign spending limitations of paragraph 2.23, on a form prescribed and presented to the Illinois State Bar Association Election Supervision Committee. Para. 2.23. Campaign expenditures by each candidate for Third Vice-President, Board of Governors and Assembly shall not exceed five thousand dollars ($5,000) per candidate regardless of whether a candidate seeks one or more than one office in a single election. This total includes expenditures by a candidate's law firm and by others at the specific request of the candidate. Travel costs and local and specialty bar meeting expenses are excluded from this monetary limitation. Para. 2.24. Members who are currently listed as members of ISBA and have paid their dues in full, on or before the close of business on March 1 of the year of such election, shall be eligible to vote.
SECTION 3 Policy with Regard to Election for Third Vice-President
The following policies shall be applicable to elections for the office of ISBA Third Vice-President. Para. 3.1. Neither candidates, nor persons working on behalf of or to the benefit of the candidates, shall circulate nominating petitions, present written formal announcements of candidacy, engage in advertising, send out mailings or engage in organization of campaign committees prior to November 1 of the year preceding election, except that candidates may attend local and bar association meetings and indicate their intention to become a candidate for the office of Third Vice-President at such meetings prior to November 1 of the year preceding the year of election. Para. 3.2. The number of names needed to nominate a Third Vice-Presidential candidate shall be three hundred fifty (350) members eligible to vote. Para. 3.3. One combined free mailing, separate from the ballot mailing and dispatched prior to the ballot mailing, shall be provided by the ISBA to candidates for the office of Third Vice-President and Board of Governors. The cost of envelopes, assembling, printing and mailing shall be paid by ISBA. The content and format of the submitted material shall be reviewed in advance by the Bar Elections Supervision Committee. Para. 3.4. The mailing described in paragraph 3.3 above shall consist of no more than two letter-sized pages (which may be printed on both sides) for each candidate. Said materials will be printed and paid for by ISBA from information delivered to the ISBA staff. No material promoting a candidacy shall be false, misleading or deceptive, nor shall it contain the name or likeness of any individual or organization without the written authorization from such individual or organization. Para. 3.5. The contents of the letter-sized page described in paragraph 3.4 above shall contain biographical information which shall be prepared by the candidate and delivered to the ISBA staff for processing. Candidates are encourage to include issue-oriented statements in their campaign materials. Para. 3.6. The mailing piece described in paragraph 3.5 above may be signed by a list of supporters on the candidate's behalf, which list shall consist of no more than 100 persons. No person's name may be used in the list of supporters without written authorization from such individual. Para. 3.7. One-third page in the ISBA Bar News in each of two issues prior to the election shall be provided for each Third Vice-Presidential candidate. The ISBA Bar News one-third page described in the preceding sentence shall not include the list of supporters names and further, to the greatest extent possible, a common format shall be developed which shall include the candidate's picture and biographical information and may include position or opinion statements. The materials submitted for inclusion in the one-third Bar News page shall be reviewed by the Bar Election Supervision Committee in advance of publication. Para. 3.8. Ballots for Third Vice-President shall have each candidate as follows: (a) All candidates shall be listed in the order in which they file their petitions for nomination. (b) In the event petitions are received by the Association at the Illinois Bar Center in Springfield, or at the ISBA Chicago Office, from more than one candidate on any day, the order for such candidates shall be by lot.
SECTION 4 Policy with Regard to Board of Governors Elections
The following policies shall apply to ISBA elections for the Board of Governors. Para. 4.1. The required number of signatures for nomination of Board of Governors candidates shall be no less than fifty (50) members who are eligible to vote from the appropriate geographic area. Para. 4.2. Each Board candidate shall have the opportunity to participate in one combined free mailing separate from the ballot mailing and dispatched prior to the ballot mailing. Cost of envelopes, assembling, printing and mailing shall be paid by ISBA. Para. 4.3. The mailing described shall be at no cost to the candidate and shall occupy a space no larger than 7 1/2 inches wide and 3 1/4 inches high, with copy for each candidate to be submitted by the candidate to the Illinois Bar Center in Springfield for inclusion in the single mailing to be made on behalf of all candidates. All material submitted for the combined free mailing will be prepared in a common format and submitted on a computer disk. Specifications for the above material will be provided by the Executive Director. Para. 4.4. The contents of the material described in paragraph 4.3 above shall contain biographical information, may include issue oriented statements and may include a photograph. Further, the item may be signed by a list of supporters on the candidate's behalf which shall consist of no more than 100 persons. Para. 4.5. One-eighth of a page in the ISBA Bar News shall be provided free to each candidate, which one-eighth page shall contain biographical information and may contain a picture (of size consistent with others) and issue-oriented statements. Further, the item may be signed by a list of supporters on the candidate's behalf which shall consist of no more than 100 persons. Para. 4.6. Ballots for the Board of Governors election shall list each candidate as follows: (a) All certified candidates shall be listed in the order in which they file their petitions for nomination in each contest. (b) In the event petitions are received at the Illinois Bar Center in Springfield, or at the ISBA Chicago Office, from more than one candidate on any day, the order for such candidates shall be by lot.
SECTION 5 Policy with Regard to Assembly Elections
The following policies shall apply with regard to Assembly elections: Para. 5.1. Twenty signatures of members eligible to vote and from the appropriate geographic area shall be required for nomination for Assembly membership. Para. 5.2. There shall be a single alphabetical listing of Assembly candidates in the ISBA Bar News, by area of election. Ballot position shall be determined as follows: (a) All certified candidates shall be listed in the order in which they file their petitions for nomination. (b) In the event petitions are received at the Illinois Bar Center in Springfield, or at the ISBA Chicago Office, from more than one candidate on any day, the order for such candidates shall be by lot.
SECTION 6 Election of Delegates, Officers and Board of Governors
Para. 6.1. Nominating Petitions. All candidates for office must be members eligible to vote at the close of business on March 1 preceding the expiration of the nomination period. ISBA members eligible to vote may nominate a candidate to run in any election for any office which is open to candidates. The nomination must be in writing and substantially in the following form: NOMINATING PETITION We, members of the Illinois State Bar Association eligible to vote, nominate (name of candidate) for (description office, Board or Assembly membership) for the term beginning at the 19__ Annual Meeting:
__________________ _________________ (Signature) (Address)
_________________________ (Printed Name)
Additional spaces may be added.
Para. 6.2. Nominations for Third Vice-President shall be by not less than the prescribed number of three hundred fifty (350) members eligible to vote. Nomination for the Board of Governors shall be not less than fifty (50) members eligible to vote from the appropriate geographic area. Nominations for Assembly representative shall be by not less than 20 members eligible to vote from the appropriate geographic area. Para. 6.3. Nominating petitions for all offices shall be filed with the Executive Director at the Illinois Bar Center in Springfield, or at the ISBA Chicago Office, not earlier than January 15 and not later than February 15. If the February 15 date falls on a nonbusiness day of the Association then petitions received prior to the close of the next business day of the Association shall be accepted. Only original petitions will be accepted for filing; facsimile or telefaxed petitions will not be deemed to meet the filing requirements of this section. Para. 6.4. Appeals and Complaints. Any person who has filed a petition for candidacy and has had said petition refused for lack of sufficient signatures of members eligible to vote or for another reason, may file a complaint or appeal of said ruling in writing with the Executive Director no later than five days after the close of the nominating period. Para. 6.5. Tellers. On or before March 1 of the calendar year of the election, the President shall appoint three members of the Association as tellers to conduct the election. Para. 6.6. Ballots. Whenever a contest exists, the Executive Director shall cause ballots to be printed appropriate to each district, area or circuit. Each ballot shall be labeled "Contested Ballot" and list under each office only the contesting candidates appropriate to the district, area or circuit for which the ballot is prepared. (a) Ballots shall be printed substantially as follows: The names of all candidates to be voted for in each election contest shall be printed on one ballot; the names of candidates shall be printed in capital letters of not less than 8 point type (3/16th inch) and at the beginning of each line in which the name of a candidate is printed a square shall be printed, the sides of which shall be not less than 3/16th of an inch in length; in the designation of the name of a candidate on the ballot, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof, may be used in addition to the candidate's surname; and no other designation such as a title or degree or professional status or similar information may be used in connection with the candidate's surname. (b) No ballots other than the official printed ballots and no write-in votes will be counted. Para. 6.7. Distribution of Ballots. An appropriate contested ballot shall be mailed on or before April 1 to each voting ISBA member residing in a district, area or circuit from which contesting candidates are to be elected, and to the entire voting membership if contesting candidates are to be |
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