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Illinois Compiled Statutes

10 ILCS 5/9-21 (2026)

Upon receipt of a complaint as provided in Section 9-20, the Board shall hold a closed preliminary hearing to determine whether or not the complaint appears to have been filed on justifiable grounds

✓ current as of May 2026
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(10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
    Sec. 9-21. Upon receipt of a complaint as provided in Section 9-20, the Board shall hold a closed preliminary hearing to determine whether or not the complaint appears to have been filed on justifiable grounds. Such closed preliminary hearing shall be conducted as soon as practicable after affording reasonable notice, a copy of the complaint, and an opportunity to testify at such hearing to both the person making the complaint and the person against whom the complaint is directed. If the Board fails to determine that the complaint has been filed on justifiable grounds, it shall dismiss the complaint without further hearing. Any additional hearings shall be open to the public.
    Whenever the Board, in an open meeting, determines, after affording due notice and an opportunity for a public hearing, that any person has engaged or is about to engage in an act or practice which constitutes or will constitute a violation of any provision of this Article or any regulation or order issued thereunder, the Board shall issue an order directing such person to take such action as the Board determines may be necessary in the public interest to correct the violation. In addition, if the act or practice engaged in consists of the failure to file any required report within the time prescribed by this Article, the Board, as part of its order, shall further provide that if, within the 12-month period following the issuance of the order, such person fails to file within the time prescribed by this Article any subsequent report as may be required, such person may be subject to a civil penalty pursuant to Section 9-23. The Board shall render its final judgment within 60 days of the date the complaint is filed; except that during the 60 days preceding the date of the election in reference to which the complaint is filed, the Board shall render its final judgment within 7 days of the date the complaint is filed, and during the 7 days preceding such election, the Board shall render such judgment before the date of such election, if possible.
    At any time prior to the issuance of the Board's final judgment, the parties may dispose of the complaint by a written stipulation, agreed settlement or consent order. Any such stipulation, settlement or order shall, however, be submitted in writing to the Board and shall become effective only if approved by the Board in an open meeting. If the act or practice complained of consists of the failure to file any required report within the time prescribed by this Article, such stipulation, settlement or order may provide that if, within the 12-month period following the approval of such stipulation, agreement or order, the person complained of fails to file within the time prescribed by this Article any subsequent reports as may be required, such person may be subject to a civil penalty pursuant to Section 9-23.
    Any person filing a complaint pursuant to Section 9-20 may, upon written notice to the other parties and to the Board, voluntarily withdraw the complaint at any time prior to the issuance of the Board's final determination.
(Source: P.A. 96-832, eff. 1-1-11.)

    
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1998–2021 · leading case: Cook Cnty. Repub. Party v. State Bd. of Elections, 882 N.E.2d 93 (Ill. App. Ct. 2007).
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Cook Cnty. Repub. Party v. State Bd. of Elections, 882 N.E.2d 93 (Ill. App. Ct. 2007). · cites it 15× “June 22, 1990); see also 10 ILCS 5/9-21 (West 2004). A hearing officer is appointed by the Board to preside over the closed preliminary hearing.”
Illinois Repub. Party v. Illinois State Bd. of Elections, 720 N.E.2d 231 (Ill. 1999). · cites it 8× “" 10 ILCS 5/9-21 (West 1996). In addition, section 1A-7 of the Code provides that "[f]ive members of the Board are necessary to constitute a quorum and 5 votes are necessary for any action of the Board to become effective * * *.”
Illinois Repub. Party v. State Bd. of Elections, 691 N.E.2d 169 (Ill. App. Ct. 1998). · cites it 3× “Board in connection with the administration of the registration and election laws (10 ILCS 5/1A-8 (West 1996)), and expressly authorize the Board to conduct investigations and inquiries related to political campaign disclosure requirements (10 ILCS 5/9-18 (West 1996)), hold…”
Sorock v. Illinois State Bd. of Elections, 2012 IL App (1st) 112740 (Ill. App. Ct. 2012). · cites it 3× “¶4 Once a complaint is filed, a closed preliminary hearing is conducted by a hearing officer “to elicit evidence on whether the complaint was filed on justifiable grounds and has some basis in fact and law.” 26 Ill. Adm. Code 125.”
Thompson v. Illinois State Bd. of Elections, 945 N.E.2d 625 (Ill. App. Ct. 2011). · cites it 2× “10 ILCS 5/9-21 (West 2008). Any party adversely affected by a judgment of the Board may obtain judicial review directly in the appellate court for the district in which the cause of action arose, and that review shall be governed by the provisions of the Administrative Review…”
Washington v. Winston, 2021 IL App (1st) 210225-U (Ill. App. Ct. 2021). “10 ILCS 5/9-20 (West 2018). When the State Board imposes such a civil penalty, it does so through a final administrative order which itself may be appealed to this court under the Administrative Review Law.”
Brennan v. Illinois State Bd. of Elections (Ill. App. Ct. 2002). · cites it 4× “A closed preliminary hearing was held pursuant to section 9-21 (10 ILCS 5/9-21 (West 2000)) of the Election Code to determine whether the complaint had been filed on "justifiable grounds" such that the matter should proceed to a public hearing.”
Illinois Campaign for Political Reform v. Illinois State Bd. of Elections (Ill. App. Ct. 2008). · cites it 4× “” 10 ILCS 5/9-21 (West 2004). Prior to the 2003 amendment by Public Act 93-574, section 9-21 of the Election Code provided that “[i]f the Board determines that the complaint has not been filed on justifiable grounds, it shall dismiss the complaint without further hearing.”
Cook Cnty. Repub. Party v. State Bd. of Elections (Ill. App. Ct. 2009). · cites it 2× “) PRESIDING JUSTICE CAHILL delivered the opinion of the court: This appeal is before us again to consider whether the Illinois State Board of Elections (Board) erred by dismissing, under section 9-21 of the Illinois Election Code (10 ILCS 5/9-21 (West 2004)), eight complaints…”
Illinois Repub. Party v. Bd. of Elections (Ill. App. Ct. 1998). · cites it 3× “n­nec­tion with the administra­tion of the regis­tra­tion and elec­tion laws (10 ILCS 5/1A-8 (West 1996)), and expressly authorize the Board to conduct investiga­tions and in­quiries related to political campaign disclosure re­quire­ments (10 ILCS 5/9-18 (West 1996)), hold…”
Illinois Campaign v. Illinois State Bd., 904 N.E.2d 996 (Ill. App. Ct. 2009). · cites it 2× “When we first reviewed this case, we held, "Clearly, the Board acted in a manner consistent with section 9-21, as amended, when the Board dismissed petitioners' complaint based on the Board's failure to achieve the statutorily mandated five-member vote to proceed to a public…”
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