TITLE 26: ELECTIONS
CHAPTER I: STATE BOARD OF ELECTIONS
PART 125 PRACTICE AND PROCEDURE
SECTION 125.240 SERVICE OF COMPLAINT


 

Section 125.240  Service of Complaint

 

a)         If a complaint is filed within 60 days prior to the date of an election in reference to which the complaint is filed, the complainant shall serve a copy of the complaint upon all respondents prior to the time of filing, and the complaint filed with the office of the General Counsel shall have attached to it proof of service, consisting of any one of the following:

 

1)         a written acknowledgment signed by the person served;

 

2)         in case of service by personal delivery, an affidavit of the person who made delivery; or

 

3)         abode service in accordance with the Civil Practice Law [735 ILCS 5/Art. II].

 

b)         In all other cases, service shall conform to Section 125.40.

 

c)         When a complainant has attempted to serve a respondent who is no longer residing at his or her last known address, proof of service shall be complete when the complainant has filed an affidavit indicating that a diligent effort has been made to locate the respondent but that effort has been unsuccessful and the respondent's whereabouts are unknown.

 

(Source:  Amended at 29 Ill. Reg. 18796, effective November 7, 2005)