(10 ILCS 5/23-23)
(from Ch. 46, par. 23-23)
The case shall be tried in like manner as other civil cases,
and may be heard and determined by the court at any time not less than 10
days after service of process, or at any time after the defendant is
required by notification to appear, and shall have preference in the order
of hearing to all other cases. The court may make and enforce all necessary
orders for the preservation and production of the ballots, poll books,
tally papers, returns, registers and other papers or evidence that may bear
upon the contest.
Whenever a petition for a recount has been filed as provided in this
Article, any opposing candidate or any elector, under like provisions and
in like manner may file a petition within 10 days after the completion of
the canvass of the precincts specified in the petition for a further
recount of the votes cast in any or all of the balance of the precincts in
the county, municipality or other political subdivision, as the case may be.
In event the court, in any such case, is of the opinion that such action will
expedite hearing and determination of the contest, the court may
refer the case to the election authority to recount the ballots, to take testimony and other
evidence, to examine the election returns, to make a record of all objections
to be heard by the court that may be made to the election returns or to any of
them or to any ballots cast or counted, and to take all necessary steps and do
all necessary things to determine the true and correct result of the election
and to make report thereof to the court. The election authority shall have authority to count the
ballots or cause the same to be counted under its supervision and direction, to
conduct such hearing or hearings as may be necessary and proper, to apply to
the court in the manner provided by law for the issuance of subpoenas or for
any other appropriate order or orders to compel the attendance of witnesses,
and to take such steps and perform such duties and acts in connection with the
conduct of any such hearing or hearings as may be necessary. The election authority may, with the
approval of the court, employ such assistants as may be necessary and proper to
provide for counting the ballots, examining the election returns and for taking
all necessary steps and doing all necessary things to determine the true and
correct result of the election under the direction and supervision of the election authority. The election authority
shall receive such compensation for its services and such allowances for the
services of its assistants and for reimbursement of expenses incurred by it as
shall be approved by the court, and all such compensation and allowances when
approved by the court shall be taxed and allowed as costs in such cause. The
court may from time to time, upon the court's own motion or upon the
application of the election authority or of any party to said cause, require the parties to the
cause or any of them to deposit such amounts of money with the court as
security for costs as the court may deem reasonable and proper.
Any petitioner may amend his petition at any time before the completion
of the recount by withdrawing his request for a recount of certain
precincts, or by requesting a recount of additional specified precincts.
The petitioner shall deposit or shall cause to be deposited, such amounts
of money as the court may require as security for costs for such additional
precincts as the court may deem reasonable and proper.
Any money deposited as security for costs by a petitioner contesting an
election must be returned to such petitioner if the judgment of the court
is to annul the election or to declare as elected someone other than the
person whose election is contested.
Any money deposited as security for costs by a petitioner in opposition
to a petition contesting an election must be returned to such petitioner if
the judgment of the court is to confirm the election or to declare as
elected the person whose election is contested.
(Source: P.A. 94-647, eff. 1-1-06.)