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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/22-14
(10 ILCS 5/22-14)
Sec. 22-14. (Repealed).
(Source: P.A. 83-334. Repealed by P.A. 94-647, eff. 1-1-06.)
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10 ILCS 5/22-15
(10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
Sec. 22-15. The election
authority shall, upon request,
and by mail if so requested, furnish free of charge to any candidate for any office, whose name appeared
upon the ballot within the jurisdiction of
the election
authority, a copy of the abstract
of votes by precinct or ward for all candidates for the office for which such
person was a candidate. Such abstract shall be furnished no later than 2
days after the receipt of the request or 8 days after the completing of the
canvass, whichever is later.
Within one calendar day following the canvass and
proclamation of each general
primary election and general election, each election authority shall transmit
to the principal office of the State Board of Elections copies of the abstracts
of votes by precinct or ward for the offices of
ward, township, and precinct committeeperson via overnight mail so that the
abstract of votes arrives at the address the following calendar day. Each
election authority shall
also transmit to the principal office of the State Board of Elections copies
of current precinct poll lists.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/22-15.1
(10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
Sec. 22-15.1. (a) Within 60 days following the canvass
of the general election within each election jurisdiction, the election
authority shall
prepare, in typewritten or legible computer-generated form, a report of the
abstracts of votes by precinct for all offices and
questions of public policy in connection with which votes were cast within
the election jurisdiction at the general election. The report shall
include the total number of ballots cast within each precinct or ward and the
total
number of registered voters within each precinct or ward. The election
authority shall provide a copy of the report to the chair of the county
central committee of each established political party in the county within
which the election jurisdiction is contained, and shall make a reasonable
number of copies of the report available for distribution to the public.
(b) Within 60 days after the effective date of this amendatory Act of
1985, each election authority shall prepare, in typewritten or legible
computer-generated form, a report of the type required
by subsection (a) concerning the general election of 1984. The election
authority shall provide a copy of the report to the chairperson of the county
central committee of each established political party in the county in
which the election jurisdiction is contained, and shall make a reasonable
number of copies of the report available for distribution to the public.
(c) An election authority may charge a fee to reimburse the actual cost
of duplicating each copy of a report provided pursuant to subsection (a) or
(b).
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/22-16
(10 ILCS 5/22-16) (from Ch. 46, par. 22-16)
Sec. 22-16.
If the result of a canvass disclosed that a person
elected to office is a person whose nomination for said office was
vacated and not filled pursuant to Section 7-61 or 10-11, such
person shall be declared elected and the office thereupon shall become
vacant. Such vacancy in office shall be filled under the applicable
provision of Article 25.
(Source: P.A. 84-861.)
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10 ILCS 5/22-17
(10 ILCS 5/22-17)
(from Ch. 46, par. 22-17)
Sec. 22-17. (a) Except as provided in subsection (b),
the canvass of votes cast at the consolidated election
shall be conducted by the election authority within 21 days
after the close of such elections.
(b) The board of election commissioners as provided in Section 22-8 shall canvass
the votes cast at the consolidated election for offices
of any political subdivision entirely within the jurisdiction of a
municipal board of election commissioners.
(c) The canvass of votes cast upon any public questions submitted to
the voters of any political subdivision, or any precinct or combination of
precincts within a political subdivision, at any regular election or at
any emergency referendum election, including votes cast by voters
outside of the political subdivision where the question is for
annexation thereto, shall be canvassed by the same election
authority as for the canvass of votes of the officers of such political
subdivision. However, referenda conducted throughout a county and
referenda of sanitary districts whose officers are elected at general
elections shall be canvassed by the county clerk. The votes
cast on a public question for the formation of a political subdivision
shall be canvassed by the relevant election authority and filed with the circuit court that ordered the question
submitted.
(c-5) No person who is shown by the election authority's proclamation to have been elected at the consolidated election or general election as a write-in candidate shall take office unless that person has first filed with the certifying office or board a statement of candidacy pursuant to Section 7-10 or Section 10-5, a statement pursuant to Section 7-10.1, and a receipt for filing a statement of economic interests in relation to the unit of government to which he or she has been elected. For officers elected at the consolidated election, the certifying officer shall notify the election authority of the receipt of those documents, and the county clerk shall issue the certification of election under the provisions of Section 22-18. (d) The canvass of votes for offices of political subdivisions cast
at special elections to fill vacancies held on the day of any regular
election shall be conducted by the election
authority which is responsible
for canvassing the votes at the regularly scheduled election for such office.
(e) Abstracts of votes prepared pursuant to canvasses under this Section shall report returns by precinct or ward. (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; 95-331, eff. 8-21-07.)
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10 ILCS 5/22-18
(10 ILCS 5/22-18) (from Ch. 46, par. 22-18)
Sec. 22-18. The canvass of votes and the proclamation
of results by the election
authority provided in Section 22-17
shall be conducted in accordance with the procedures and
requirements otherwise provided in this Article. A signed copy or original duplicate of
its completed abstract of votes must be transmitted to each election authority having
jurisdiction over any of the territory of the respective political
subdivision and transmitted, by
facsimile, e-mail, or any other electronic means, to the State Board of Elections in the same manner as
provided in Section 22-5.
The county clerk shall make out a certificate of election to each
person declared elected to an office by the election
authorities
and transmit such certificate to the person so entitled, upon his
application. For political subdivisions whose territory extends into
more than one county, the certificates of election shall be issued by
the county clerk of the county which contains the principal office of
the political subdivision.
Whenever an election
authority canvasses the votes cast upon a public
question submitted to referendum pursuant to a court order, the election
authority
shall immediately transmit a signed copy or an original duplicate of its
completed abstract of the votes to the court which ordered the
referendum.
(Source: P.A. 94-647, eff. 1-1-06.)
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10 ILCS 5/Art. 23
(10 ILCS 5/Art. 23 heading)
ARTICLE 23.
CONTESTING ELECTIONS
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10 ILCS 5/23-1.1a
(10 ILCS 5/23-1.1a) (from Ch. 46, par. 23-1.1a)
Sec. 23-1.1a.
Election contest - Statewide - Jurisdiction.
The Supreme
Court shall have jurisdiction over contests of the results of any election,
including a primary, for an elected officer provided for in Article V of
the Constitution, and shall
retain jurisdiction throughout the course of such election contests.
(Source: P.A. 89-5, eff. 1-1-96.)
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10 ILCS 5/23-1.2a
(10 ILCS 5/23-1.2a) (from Ch. 46, par. 23-1.2a)
Sec. 23-1.2a.
Election contest - Statewide offices - Who may
contest - Time and place for filing - Fee. The results of an election,
including a primary, for an elected executive officer provided for in
Article V of the Constitution
may be challenged (1) by any candidate whose
name was on the ballot for that office, (2) by any person who filed a
declaration of intent to be a write-in candidate for that office, or (3)
by any person who voted in that election, provided that such person's
challenge is supported by a verified petition signed by persons who voted
in the election in a number no less than the largest number of signatures
required to nominate a person to be a candidate of any political party
which nominated a candidate for the office being contested.
Any person, including a candidate, qualified pursuant to this Section and
desiring to contest the results of an election for such an office shall,
within 15 days of the date of the official proclamation of results of such
election, file a Petition of State Election Contest with the clerk of the
Supreme Court together with a filing fee in the amount of $10,000.
(Source: P.A. 89-5, eff. 1-1-96.)
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10 ILCS 5/23-1.3a
(10 ILCS 5/23-1.3a) (from Ch. 46, par. 23-1.3a)
Sec. 23-1.3a.
Election contest - Statewide - Petition - Contents.
A
Petition of State Election Contest shall be signed and verified by each
person contesting the results of the election and shall contain:
(a) The name of each candidate who received at least 1% of the votes
cast for the office contested and the residence address of each such
candidate as shown in the Statement of Candidacy of each candidate or, in
the case of a write-in candidate, such candidate's residence address as
determined by a diligent search;
(b) The results of the contested election as certified in the official
proclamation;
(c) A statement that the Petitioner cast a ballot in the election
contested, was a candidate whose name was on the ballot for the office
which is the subject of the election contest, or filed a declaration of
intent to be a write-in candidate for the office which is the subject of
the election contest;
(d) A statement that each petitioner believes (i) mistake or fraud has
been committed in the casting, counting or return or canvass of the votes
for the office involved or (ii) there was some other irregularity in the
conduct of the contested election, or both;
(e) A statement declaring with particularity the specific precincts in
which the mistake, fraud or irregularity relied upon by the Petitioner is
believed to have occurred;
(f) The names and addresses of each election authority in whose
jurisdiction the election was held, clearly indicating which election
authorities had jurisdiction over the precincts in which each alleged
mistake, fraud or irregularity occurred;
(g) A statement declaring that, as a consequence of the mistake, fraud
or irregularity alleged, the result of the election, as officially
proclaimed, was incorrect; and
(h) A statement declaring the Petitioner's belief as to which candidate
did receive the highest number of votes.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.4a
(10 ILCS 5/23-1.4a) (from Ch. 46, par. 23-1.4a)
Sec. 23-1.4a.
Election contest - Statewide - Notice to parties.
Upon
receipt of a properly executed Petition of State Election Contest and the
filing fee, the Clerk of the Supreme Court shall within 48 hours (a)
mail, by certified first class mail, return receipt requested, a copy of
the Petition to each candidate and each election authority listed in the
Petition at their addresses shown therein and to the State Board of
Elections, and (b) notify the Chief Justice of the Supreme Court that a
Petition of State Election Contest has been filed.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.5a
(10 ILCS 5/23-1.5a) (from Ch. 46, par. 23-1.5a)
Sec. 23-1.5a.
Election contest - Statewide - Appearances and responsive
pleadings - Time. Within 20 days of the filing of a Petition of State
Election Contest, each candidate in the election contested may become a
party to the contest proceeding by entering his or her written appearance
or otherwise filing written pleadings in response to the Petition of State
Election Contest with the Clerk of the Supreme Court. The responsive
pleadings may include a motion to dismiss, challenging the sufficiency of
the Petition of State Election contest or any part thereof. Any candidate
who does not so enter his or her appearance shall not be entitled to
further notice of the contest proceeding nor be permitted to take part in
the proceeding on his or her own behalf. Failure to file an appearance,
however, shall not affect a candidate's right to office if he or she is
determined to have received the highest number of votes.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.6a
(10 ILCS 5/23-1.6a) (from Ch. 46, par. 23-1.6a)
Sec. 23-1.6a.
Election contest - Statewide - Examination of
records - Procedure. If a petitioner in any election contest desires to
examine records and equipment under the control of an election authority,
he or she shall file with the Clerk of the Supreme Court a Request for
Record Examination within 30 days of the date of the filing of the Petition
and shall serve copies thereof on all parties to the contest and upon all
election authorities having jurisdiction over the precincts in which votes
were cast in the contested election. Within 5 days of receipt of such a
Request, or between the 31st and 36th day after a petition is filed if no
such Request is received, any other party to the election contest may file
with the Clerk of the Supreme Court a request for Record Examination
indicating the records and equipment not previously requested by the
petitioner which such party desires to examine, serving a copy thereof upon
all parties to the contest and upon all election authorities having
jurisdiction over the precincts in which votes were cast in the contested
election. Any party who fails to timely file a Request for Record
Examination shall thereafter be barred from filing such a Request. A
Request for Record Examination shall clearly set forth by precincts the
records and equipment which the person filing the Request desires to
examine and shall not be altered or amended after filing. Each Request for
Record Examination shall be accompanied by a bond, with adequate surety, in
an amount equal to $50 per precinct listed, or $75,000, whichever is less,
to secure the payment by the party submitting the Request, of any
assessment of the costs of the examination ordered by the Supreme Court.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.7a
(10 ILCS 5/23-1.7a) (from Ch. 46, par. 23-1.7a)
Sec. 23-1.7a.
Election contest - Statewide - Initial procedures and
rules. Subsequent to the time that all candidates in the election contest
have appeared or are required to appear, and all Requests for Records
Examination are required to be filed, the Chief Justice of the Supreme
Court shall call the Supreme Court into session to consider the Petition of
State Election Contest and any responsive pleadings, together with any
Requests for Record Examination, receiving such briefs and argument as the
Court shall deem appropriate. Thereafter, the Supreme Court shall:
(a) Determine the sufficiency of the Petition, and shall dismiss the
Petition or any part of it if found insufficient;
(b) Issue rulings on any issues as to which there are no material facts
in dispute;
(c) Identify those election jurisdictions, if any, for which a recount
or hearing is appropriate; and
(d) In its discretion, establish rules of procedure for the
determination of disputed facts.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.8a
(10 ILCS 5/23-1.8a) (from Ch. 46, par. 23-1.8a)
Sec. 23-1.8a.
Election contest - Statewide - Procedures for recount and
initial hearing. In all cases for which the Supreme Court finds it
appropriate that there be conducted a recount or partial recount of ballots
cast in any election jurisdiction, or a hearing regarding the conduct of
the election within any election jurisdiction, the Supreme Court shall, in
consultation with the Chief Judge of the Judicial Circuit in which each
such election jurisdiction is located, assign a Circuit Judge of that
Judicial circuit to preside over the recount or hearing. If more than one
election jurisdiction within a single Judicial circuit is subject to
recount or hearing, the Supreme Court may assign a different Circuit Judge
to preside over the recount or hearing for each such election jurisdiction.
Each Circuit Judge appointed pursuant to this Section shall supervise the
examination of the records or equipment of the election authority whose
jurisdiction is subject to the recount or hearing, and shall take evidence
in the same manner and upon like notice as in other civil cases. At the
conclusion of the recount or hearing, the Circuit Judge shall make a
recommendation as to the assessment of the costs of any examination of
records and equipment of the election authority against the party
requesting the examination; provided that such recommendation shall not
call for the assessment of more than $50 per precinct. If one party
requests the right to examine some but not all records and equipment in one
precinct and another party requests the right to examine other records or
equipment in the same precinct, the Circuit Judge shall recommend an
appropriate apportionment of the costs between the parties. During any
recount or hearing presided over by a Circuit Judge, pursuant to this
Section the Supreme Court shall retain jurisdiction over the contest, and
may issue procedural orders or interim rulings regarding the recount
or hearing, either upon motion of a party or upon its own motion.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.8b
(10 ILCS 5/23-1.8b) (from Ch. 46, par. 23-1.8b)
Sec. 23-1.8b.
Election contest - Statewide - State Board of Elections.
In
the event the circuit judge, in any such case, is of the opinion that such
action will expedite hearing and determination of the contest, the circuit
judge may appoint the State Board of Elections and refer the case to it to
recount the ballots, to take testimony and other evidence, to examine
records and equipment, to make a record of all objections to be heard by
the circuit 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 a report thereof to the court. The State Board of
Elections 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 circuit 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 State
Board of Elections may, with the approval of the court, employ such
assistants as may be necessary and proper to provide for counting the
ballots, examining any records and equipment and 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 State Board of
Elections. The State Board of Elections 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
circuit court, and such compensation and allowances when approved by the
circuit court may be taxed as costs in such cause.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.9a
(10 ILCS 5/23-1.9a) (from Ch. 46, par. 23-1.9a)
Sec. 23-1.9a.
Election contest - Statewide - Recommended findings of
Circuit Judge. Each recount or hearing presided over by a Circuit Judge
pursuant to Section 23-1.8a and 23-1.8b shall be concluded, as to a general
election, on or before the 150th day after the election, and, as to a
primary election, on or before the 87th day after the election, by the
Circuit Judge's issuance of written Recommended Findings of Fact on all
disputed issues, including a proposed statement of the correct tally of
votes for the contested election in each election jurisdiction in question.
The Recommended Findings of Fact shall be forwarded immediately to the Supreme
Court.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.10a
(10 ILCS 5/23-1.10a) (from Ch. 46, par. 23-1.10a)
Sec. 23-1.10a.
Election contest - Statewide - Final Decision by Supreme
Court. Within 15 days of the issuance of Recommended Findings of Fact by a
Circuit Judge, any party may serve and file with the Clerk of the Supreme
Court written objections to the Recommended Findings. Subsequent to the
time that all challenges to Recommended Findings of Fact by a Circuit Judge
are required to be filed, the Supreme Court shall determine the contest,
either annulling the contested election or declaring the correct results
thereof. The Supreme Court may make a de novo determination of those
portions of the Recommended Findings to which objection is made. The
Supreme Court may accept, reject, or modify, in whole or in part, any of
the findings recommended by a Circuit Judge, and may hear witnesses and
examine physical evidence to the extent it deems necessary for such
determination.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.11a
(10 ILCS 5/23-1.11a) (from Ch. 46, par. 23-1.11a)
Sec. 23-1.11a.
Election contest - Statewide - Assessment of Costs.
The
Supreme Court shall also make a determination of costs to be assessed,
taking into consideration any recommended assessment of a Circuit Judge.
The Court may decline to assess costs against a prevailing party, and may
not assess costs in excess of $75,000 against any one party.
All assessments shall be paid as the Supreme Court determines, but in
such manner as to directly reimburse any election authority whose records
or equipment were examined for the costs of such examination or the State
Board of Elections, as the case may be. In the event a county or city
controls the funds of an election authority, such county or city shall
allocate the funds received in payment of such expenses as directed by the
election authority.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.12a
(10 ILCS 5/23-1.12a) (from Ch. 46, par. 23-1.12a)
Sec. 23-1.12a.
Election contest - Statewide - Timing and finality of
determination by Supreme Court. The determination of the contest
shall be made as soon as practicable. The determination of the Supreme
Court shall be final, subject only to such petitions for reconsideration as
the Supreme Court may by rule allow.
(Source: P.A. 86-873.)
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10 ILCS 5/23-1.13a
(10 ILCS 5/23-1.13a) (from Ch. 46, par. 23-1.13a)
Sec. 23-1.13a.
If any of the powers or duties to be exercised or
performed by the Supreme Court under Sections 23-1.1a through 23-1.12a may
not constitutionally be exercised or performed by the Supreme Court by
reason of jurisdictional limitations, then Sections 23-1.1a through
23-1.12a shall nonetheless continue to govern contests of elections for
elected officers provided for in Article V of the Constitution, and in such
event the Supreme Court shall,
pursuant to its general administrative and supervisory powers, assign to a
circuit court those adjudicatory powers and duties with respect to such a
contest as may not be exercised or performed by the Supreme Court, subject
to appropriate judicial review.
(Source: P.A. 89-5, eff. 1-1-96.)
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10 ILCS 5/23-2
(10 ILCS 5/23-2) (from Ch. 46, par. 23-2)
Sec. 23-2.
The senate and house of representatives shall severally hear
and determine contests of the election of their respective members.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/23-3
(10 ILCS 5/23-3) (from Ch. 46, par. 23-3)
Sec. 23-3.
The circuit court shall hear and determine contests of the
election of judges of the Supreme Court, judges of the appellate court,
clerk of the Supreme Court, and judges of the circuit court, but no judge
of the circuit court shall sit upon the hearing of any case in which he is
a party.
(Source: Laws 1965, p. 3493.)
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10 ILCS 5/23-4
(10 ILCS 5/23-4) (from Ch. 46, par. 23-4)
Sec. 23-4.
The circuit courts in the respective counties may hear and
determine contests of the election of mayors of cities, presidents of
county boards, presidents of villages, in reference to the removal of
county seats and in reference to any other subject which may be submitted
to the vote of the people of the county.
(Source: Laws 1965, p. 3493.)
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10 ILCS 5/23-5
(10 ILCS 5/23-5) (from Ch. 46, par. 23-5)
Sec. 23-5.
The circuit court shall hear and determine contests of election
of all other county, township and precinct officers, and all other officers
for the contesting of whose election no provision is made.
(Source: Laws 1965, p. 3493.)
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10 ILCS 5/23-6.1
(10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1)
Sec. 23-6.1.
Whenever an election contest for a municipal trustee or alderperson
is brought involving ballots from the same precincts which are subject to
the jurisdiction of the circuit court by virtue of the pendency of an election
contest for another office, the municipal council or board of trustees having
jurisdiction of the municipal election contest shall have priority of access
and possession of the ballots and other election materials for the purpose
of conducting a recount or other related proceedings for a period of 30
days following the commencement of the municipal election contest. The
election authority shall notify the court and the municipal council or board
of the pendency of all other contests relating to the same
precincts.
(Source: P.A. 102-15, eff. 6-17-21.)
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