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Illinois Compiled Statutes
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COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/Div. 1-5
(55 ILCS 5/Div. 1-5 heading)
Division 1-5.
County Seats
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55 ILCS 5/1-5001
(55 ILCS 5/1-5001) (from Ch. 34, par. 1-5001)
Sec. 1-5001.
Boundaries.
In counties of 300,000 inhabitants or
over, where the county seat is entirely located within the corporate limits
of a city or village, the boundaries of such county seat shall be the same
as the boundaries of such city or village, as the same are now, or may
hereafter be, constituted.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5002
(55 ILCS 5/1-5002) (from Ch. 34, par. 1-5002)
Sec. 1-5002.
Boundaries; Counties of 300,000 or less.
In counties of 300,000 inhabitants or less, where the county seat is
entirely located within the corporate limits of a city or village, the
boundaries of such county seat shall be the same as the boundaries of such
city or village, as the same are now or hereafter constituted. However, the
county board may by resolution adopted by a majority thereof extend the
boundaries of such county seat to add to the territorial area of such
county seat such unincorporated land in the county contiguous to the county
seat as the resolution may describe; but in no event may such extension
include any land situated more than one mile from the county seat as then
existing.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5003
(55 ILCS 5/1-5003) (from Ch. 34, par. 1-5003)
Sec. 1-5003.
Time of holding elections.
All elections for the removal
of county seats shall be held at general elections in accordance with the
general election law.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5004
(55 ILCS 5/1-5004) (from Ch. 34, par. 1-5004)
Sec. 1-5004.
Notice of petition to move county seat.
Public
notice shall be given of the intention to circulate a
petition praying for an election for the removal of the county seat of any
county from its then present location to some other point within said
county, and in said petition designated, at least 10 days before the same
is circulated, by publication in some newspaper printed in said county, and
by posting 3 printed notices in 3 public places at the county seat, one of
which shall be placed on the door of the county seat building, and a like
number at the place to which the county seat is proposed to be removed, in
which notices the intent of such petition shall be set forth; and all
signers to such petition procured before such notice is given or procured,
6 months before the first day of September next following shall be void,
and stricken from such petition; and whenever such petition or petitions
addressed to the circuit court of such county, and stating the time when
such election shall be held, shall be signed by a number of legal voters of
said county, at general elections, who are not residents of the city or
township (if the county seat is not in a city) in which the county seat is
located, equal in number to two-fifths of all the votes cast in said county
at the last preceding presidential election therein, and shall be filed in
the office of the clerk of the circuit court of said county, not less than
40 nor more than 80 days before the first day of the next September such
petition shall be deemed a proposal to remove the county seat of such
county, and the point designated in said petition shall be deemed and taken
as fixed by said petition, in pursuance of law, whenever the court shall
order an election to such point as hereinafter provided, as the point to
which it is proposed to remove the county seat of such county. There shall
also be filed in the office of said clerk, with said petitions, an
affidavit of 3 legal voters of said county, stating whether or not the
point named in the said petition or petitions, to which it is proposed to
remove the county seat of such county, is nearer to or further from the
center of such county than the county seat; which affidavit may be
traversed by the affidavit of any other 3 legal voters of said county,
within 10 days from the filing thereof; and if so traversed the court
shall, at such time during the said month of September as such court shall
fix upon after hearing evidence in the case, decide whether or not the
point to which it is proposed to remove the county seat is nearer to or
further from the center of said county than the county seat.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5005
(55 ILCS 5/1-5005) (from Ch. 34, par. 1-5005)
Sec. 1-5005.
Qualifications of petitioner.
Each petitioner signing
such petition shall write or cause to be written opposite to his name on
said petition, the name of the city and ward in which he then resides, if
he resides in a city, or if he does not reside in a city, then the name of
the precinct or township in which he resides at the time of signing such
petition; and no person shall sign such petition unless he shall be, at the
time, a legal voter in said county at general elections.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5006
(55 ILCS 5/1-5006) (from Ch. 34, par. 1-5006)
Sec. 1-5006.
Petition open to inspection.
Said petition or petitions
shall, after the same are filed in the office of the clerk of the circuit
court, be open to the inspection of any and all citizens of the county, but
shall not be removed therefrom.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5007
(55 ILCS 5/1-5007) (from Ch. 34, par. 1-5007)
Sec. 1-5007.
Contesting petition.
Any citizen and legal voter at
general elections in said county may contest the right of any person, whose
name is subscribed to said petition, to sign such petition under this
Division, and shall also have the right to
contest said petition as to any names subscribed thereto that he shall have
good reason to believe, and does believe, as fictitious, and no other:
Provided, he shall, 10 days before the first day of the said month of
September file in the office of the clerk of the court of such county a
list of the names of such persons whose right to sign such petition he is
desirous of contesting, together with his affidavit, indorsed thereon, that
he has good reason to believe, and does verily believe, that such persons
named in said list are not legal voters of such county, and had no right in
law to sign said petition; and shall also file in the office of said clerk,
10 days before said first day of September a list of such names as he has
reason to believe are fictitious, together with his affidavit, indorsed
thereon, that he has good reason to believe, and does verily believe, that
such names are fictitious; and such persons shall have the right to contest
such petitions only as to the names included in said lists.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5008
(55 ILCS 5/1-5008) (from Ch. 34, par. 1-5008)
Sec. 1-5008.
Notice of filing petition; hearing.
Whenever such
petition or petitions and affidavit named in Section 1-5004 shall be filed
in the office of the clerk of the circuit court of such county, it shall be
the duty of the clerk, within 10 days from the date of the filing of said
petition or petitions and affidavit in his office, to cause to be published
in one or more newspapers published in such county, and if no newspaper
shall be published in said county, then in the newspaper published nearest
to the county seat of said county, a notice that such petition or petitions
and affidavit have been filed in his said office, stating the time when
they were so filed, and setting forth therein the substance of such
petition or petitions and affidavit, and giving notice that on the first
day of September following said court will hear testimony for and against
said petitions, as to the list or lists of names on such petition, as may
be filed in his office under and in compliance with Section 1-5007, and for
or against such affidavit if the same has been traversed as provided in
Section 1-5004. It shall be the duty of said court, on the first day of
September and at such times in said month as it may direct to hear all
evidence for and against said petition or petitions, as to the list or
lists of names, filed in said court under Section 1-5007, and to strike
from such petition or petitions all such names proven by competent evidence
to be fictitious, or the names of persons having no legal right to sign the
same under this Division; and in case there shall be but one petition and
no contest as to the same, or if there shall be a contest as to the same,
and said petition shall after striking therefrom all fictitious and illegal
names, still contain the number of names of legal voters required by
Section 1-5004, the court shall order said election, according to the
prayer of said petition. But in case there shall be two petitions filed in
said court, praying for a vote to remove the county seat of such county to
different points in said county, each, after striking therefrom all illegal
and fictitious names, still being signed by two-fifths of the legal voters
of the county, as required by Section 1-5004, then if a petition praying
for a vote to remove the county seat nearer to the geographical center of
the county than the point named in the other petition shall be signed by a
number of names equal to or greater than one-half of the sum of the names
signed to the two petitions, the said court shall order the election for
the removal of the county seat to that point nearest to the geographical
center of the county, according to the prayer of said petition; but if the
other of said two petitions shall be signed by a number of legal voters of
said county equal to three-fifths of the sum of the names signed to the two
petitions, then the court shall order the election for the removal of the
county seat of such county to said last mentioned point, and not otherwise.
In case of a contest as to said petition or petitions, as provided for in
this Division it shall be the duty of the clerk of said court, on the
request of the person contesting any petition under the provisions of this
Division, to issue subpoenas for such witnesses as said person shall name;
and it shall be the duty of said clerk, on request of any legal voter of
the county, for the purpose of sustaining any petition, in like manner to
issue subpoenas for such witnesses as he shall name -- said subpoenas to be
made returnable on the date upon which such contest will be made.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5009
(55 ILCS 5/1-5009) (from Ch. 34, par. 1-5009)
Sec. 1-5009.
Precedence of cases of contest.
All cases of contest
arising upon said petitions or affidavit shall have precedence over all
other cases during September in such court, and shall be heard and
determined before the expiration of said month if possible.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5010
(55 ILCS 5/1-5010) (from Ch. 34, par. 1-5010)
Sec. 1-5010.
Challengers.
Whenever the court shall order any county
seat election under the provisions of this Division, the court shall
appoint three resident legal voters of the point to which it is proposed to
remove the county seat, for each and every voting place in the city,
precinct or township in which the county seat is situated, also to appoint
three resident legal voters of the county seat for each and every voting
place in the city, precinct or township to which it is proposed to remove
the county seat, to sit with the regular judges to act as challengers of
election at the voting places to which they are respectively assigned, and
it shall be their duty to act as such challengers and to challenge any and
all persons whom they have good reason to believe are not legal voters at
such county seat election, and they shall sit with such judges of election
until the close of said election, and during the canvass of the votes at
said election. The said challengers, who are thus appointed to act with the
regular judges of election, may, if they desire so to do, make an affidavit
before any person authorized to administer oaths, setting forth in such
affidavit that they have been appointed, as above provided, out of the
city, precinct, township or ward where they would otherwise be voters, and
that they desire to vote at such county seat election; which affidavit,
together with the ballot, shall be sealed up in an envelope and left with
one of the judges of election for the precinct, and on the day of election
shall be by him presented to the board of election and opened in their
presence. The affidavit shall be filed, kept and returned with the ballots
for that precinct as other affidavits are, and the ballot shall be numbered
and deposited in the ballot box, and the name entered on the poll books the
same as other votes are.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5011
(55 ILCS 5/1-5011) (from Ch. 34, par. 1-5011)
Sec. 1-5011.
Form of proposition.
The proposition at any county seat
referendum shall be in substantially the following form: "For removal," or
"Against removal."
(Source: P.A. 86-962.)
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55 ILCS 5/1-5012
(55 ILCS 5/1-5012) (from Ch. 34, par. 1-5012)
Sec. 1-5012.
No registration required.
No registration of voters
shall be made or required for holding any county seat election under this
Division. The board of election shall, in each township, precinct or ward,
keep two lists or poll books of the names of the persons whose votes are
received; each name shall be numbered, and a corresponding number marked on
each ballot before it is placed in the ballot box, which said poll books
shall each be certified as correct by the judges of election. At the close
of the polls in each precinct, township or ward, the board of election
shall canvass the votes cast at such poll or voting district, and shall
make two tally lists, one of which, together with one of the aforesaid poll
books, and the ballots cast in such precinct, township or ward, properly
strung, and the affidavits made at such election, and certificate of the
result of the election made and certified by such board, shall be sealed up
together and delivered by one of the board of election, to be selected by
the board at that time, to the county clerk, within four days thereafter.
The other poll book and tally list shall be retained by one of the judges
of election for that township, precinct or ward.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5013
(55 ILCS 5/1-5013) (from Ch. 34, par. 1-5013)
Sec. 1-5013.
Qualifications of voters; oaths.
No person shall
vote at the election who does not possess the qualifications mentioned in
the affidavit in this Section. Any person offering to vote at any county
seat election, whose right to vote shall be challenged by any challenger,
member of the board of election, or by any voter of the county, shall
answer under oath such questions as may be propounded to him touching his
qualifications as a voter, and shall take and subscribe the following oath:
State of Illinois, .... County.
I do solemnly swear that I am a citizen of the United States, and of
this State; that I am of the age of 18 years or over; that I have resided in
this State for 30 days immediately preceding this election; that I am a
bona fide resident of this county, and have permanently resided herein for
the last 30 days immediately preceding this election; that I am a legal
voter of (here insert the name of the election precinct), and have
permanently resided therein for the last 30 days immediately preceding this
election, and that I have not voted at this election.
(Signed)
A .... B ....
He shall also procure two witnesses, who are at that time legal voters
of the township or precinct, who shall take and subscribe the following
oath, namely: State of Illinois, .... County.
We the undersigned do solemnly swear that we are voters, and legally
entitled to vote at this election; that we have known A .... B .... the
person now offering to vote at this election, for 30 days; that he has
been a permanent resident of this county for 30 days last past, and for
the 30 days immediately preceding this election has permanently resided in
(township or precinct.)
C .... D ....
E .... F ....
Which oaths shall be subscribed and sworn before any officer authorized
to administer oaths. The board of election shall receive and count the vote
of any challenged person who shall present to them, with his vote, the
oaths aforesaid. The oaths shall all be carefully preserved by the board of
election, and returned and kept with the poll book, tally list and ballots,
as provided by this Division. Any person swearing falsely concerning his right
to vote, or concerning the right of another to vote at any such election,
or any person who shall cast a fraudulent vote at any such election or who
shall vote at such election, not having a right to vote at such election,
or who shall cast a vote at such election in any other name than his own,
or who shall vote more than once at such election, shall be guilty of a
Class 4 felony.
(Source: P.A. 86-962; 86-1028.)
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55 ILCS 5/1-5014
(55 ILCS 5/1-5014) (from Ch. 34, par. 1-5014)
Sec. 1-5014.
Evidence of number of voters; contesting election.
The
number of legal votes cast at any county seat election held under this
Division shall be deemed and taken for the purpose of such an election as
prima facie evidence of the number of legal voters of that county at that
time entitled to vote on the question; but in case it becomes necessary, in
consequence of a contest of an election held under this Division, to
ascertain the number of voters of the county entitled to vote upon the
question, the court in which the contest is pending may ascertain the
number of such voters by taking, or causing to be taken, legal evidence,
tending to show the actual number of the legal voters of the county
entitled to vote upon such question at the time of such election. Circuit
courts shall have jurisdiction of all cases of contested election arising
under this Division, and may investigate and determine all questions of
fraud and fraudulent voting connected therewith, and purge the poll books
and returns of all illegal or fraudulent votes; and may investigate and
ascertain the total number of legal voters of the county at the time of
such election entitled to vote on the question, whether they voted or not,
and ascertain and determine whether such election was fairly carried by 3/5
or a majority of all the legal voters of the county, as required by the
Constitution, and enter such judgment as the circumstances of the case may
require. Any of the legal voters and taxpayers of the county who may desire
to do so, as well as the town, city or village to or from which it is
proposed to remove such county seat, may be made, or on their petition may
become parties to such actions, either as plaintiff or defendant.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5015
(55 ILCS 5/1-5015) (from Ch. 34, par. 1-5015)
Sec. 1-5015.
Canvass of votes.
On or before the first Tuesday after
said election the county canvassing board shall open and canvass the votes
and returns of the election, in the manner provided by the general election
law; the result of which canvass shall be entered of record in the circuit
court in counties not under township organization, and in the records of
the county board in counties under township organization and a copy thereof
also shall be duly certified and delivered to the Secretary of State. If a
3/5 majority of the votes cast on the question are in favor of removal, the
county seat shall be removed to the point named.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5016
(55 ILCS 5/1-5016) (from Ch. 34, par. 1-5016)
Sec. 1-5016.
Effect of majority and three-fifths vote.
When
the attempt is made by such an election to remove a county
seat to a point nearer to the center of such county than the county seat
then is, and a majority of the legal voters of said county entitled to vote
on the question of removal shall be "for removal," the county seat is
thereby removed to the point named in the petition. When the attempt is
made by such an election to remove a county seat to a point not nearer to
the center than the county seat then is, and three-fifths of the legal
voters of said county entitled to vote on the question shall be "for
removal," then said county seat of said county is thereby removed to the
point named in the petition.
(Source: P.A. 86-962.)
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55 ILCS 5/1-5017
(55 ILCS 5/1-5017) (from Ch. 34, par. 1-5017)
Sec. 1-5017.
Neglect of duty.
Any member of the board of election,
judge, clerk, sheriff, or any other officers or persons who may be charged
with the performance of any duty under this Division, and who shall
wilfully fail therein, or shall perform such duty otherwise than is in this
Division prescribed, shall be guilty of a Class A misdemeanor.
(Source: P.A. 86-962.)
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