State of Illinois
92nd General Assembly
Legislation

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92_SB0293

 
                                              LRB9201078MWcsB

 1        AN ACT concerning elections.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Election  Code  is amended by changing
 5    Sections 6-9, 6-11, 6-74, 7-56,  7-58,  7-59,  7-60,  7-60.1,
 6    7-63,  10-9,  10-10,  21-2,  22-1, 22-8, 22-9, 22-9.1, 22-12,
 7    22-15, 22-17 and 22-18, 23-1.8a, 23-1.9a,  and  23-1.10a  and
 8    adding Sections 1-8, 22-7.5 and 22-7.10 as follows:

 9        (10 ILCS 5/1-8 new)
10        Sec.  1-8.  Canvassing boards abolished.  Notwithstanding
11    any other provision of this Code, local canvassing boards are
12    abolished. In this Code or any other law  a  reference  to  a
13    local  or  county canvassing board means (i) for elections in
14    which  the  the  political  subdivision  that   is   choosing
15    candidates   or  submitting  a  public  question  is  located
16    entirely  within  the  jurisdiction  of  a  single   election
17    authority,  that election authority and (ii) for elections in
18    which the political subdivision that is  choosing  candidates
19    or  submitting  a  public  question  is  located  within  the
20    jurisdiction  2  or  more  election authorities, the election
21    authority having jurisdiction over the location at which  the
22    unit of local government has its principal office.

23        (10 ILCS 5/6-9) (from Ch. 46, par. 6-9)
24        Sec. 6-9. After ascertaining and announcing the result as
25    aforesaid, such judges shall make, fill up and sign duplicate
26    triplicate  returns  or  statements of the votes cast for and
27    against such proposition as aforesaid, in the form  found  in
28    Section 6--3 of this Article, each of which shall be attested
29    by the other judges, and each of which shall then be enclosed
30    and  sealed  in  an  envelope,  one  of which shall be on the
 
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 1    outside addressed to the appropriate election  authority  the
 2    circuit court, one to the clerk of the circuit court, and one
 3    to  the  comptroller  of  such  city, or to the officer whose
 4    duties correspond with those of the comptroller. Upon each of
 5    which  statements  shall  be  endorsed  "city  election   law
 6    returns".  In  the  same  manner the tally sheet in duplicate
 7    shall be signed by the judges,  and  shall  be  enclosed  and
 8    sealed in separate envelopes, one of which shall be addressed
 9    to  the  county judge and one to the city clerk; upon both of
10    the envelopes shall be endorsed "city election law  tallies".
11    On  the outside of each envelope shall be endorsed whether it
12    contains a statement of the votes cast or  the  tallies,  and
13    for  what precinct and ward. After the envelopes respectively
14    containing such returns and tallies are  closed  and  sealed,
15    the  judges  of election shall each write across the folds of
16    such envelopes their names, and thereupon each of the  judges
17    of  election  shall  take one of said returns or tallies, and
18    shall deliver,  each  one  respectively,  to  the  person  or
19    officer  to whom addressed, by noon of the next day, and when
20    delivered he  shall  receive  a  receipt  therefor  from  the
21    officer  to  whom delivered, and it shall be the duty of such
22    officer to give  such  receipts,  and  to  safely  keep  such
23    envelopes unopened until called for by the election authority
24    as canvassing board herein provided.
25    (Source: P.A. 80-704.)

26        (10 ILCS 5/6-11) (from Ch. 46, par. 6-11)
27        Sec.  6-11.  The  returns  must  be canvassed in the same
28    manner as any other referendum held in the  municipality.  On
29    the  sixth  day after such election, the judge of the circuit
30    court shall call to his assistance two well known electors of
31    integrity and character, one of whom voted  for  and  one  of
32    whom voted against such proposition, who shall constitute the
33    canvassing board to canvass the returns and votes so cast for
 
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 1    and against such proposition. Such canvass shall be conducted
 2    in  public in the room usually occupied by the circuit court.
 3    The envelopes containing all the returns and  all  the  tally
 4    sheets  shall,  upon the demand of the judge of the court, be
 5    delivered to said board by the officers, so having either  of
 6    them in his possession. Thereupon the same shall be opened in
 7    order  and  the  vote  on  such  proposition  ascertained and
 8    announced. All of such returns and tallies  may  be  used  in
 9    ascertaining  the  result,  and  when, in the opinion of said
10    board, any doubt exists as to what the actual vote was  which
11    was  cast for or against such proposition in any precinct, or
12    upon the written application of 2 persons who  were  at  such
13    canvass  and  who  shall make oath that they believe that the
14    returns of the said judges of election as to such proposition
15    are not correct, said  judge  shall  demand  of  and  receive
16    possession from such county clerk the ballots so cast in such
17    precinct  at  such election, and it shall then be the duty of
18    said board to open the envelope containing said  ballots  and
19    to  recount  the  same,  and  to  hear evidence of any person
20    present at such  precinct  canvass  touching  the  same;  and
21    thereupon,  said  board  shall  announce and declare the vote
22    cast for and against such proposition in such precinct, which
23    shall  be  conclusive  as  to  the  ballots  so  cast;   and,
24    thereupon,  the  judge  of  the  court,  so  having  received
25    possession  of  such  ballots,  shall again place them upon a
26    string or twine and place  them  in  the  same  envelope,  or
27    another  with like endorsements, and seal the same, and shall
28    write across the face thereof, "Opened by the  judge  of  the
29    circuit  court," and sign his name thereunder, and shall then
30    return such ballots to the possession of  the  county  clerk.
31    Said  returns  and  tallies  shall  also  be  returned to the
32    officers from whom received, who shall safely keep  the  same
33    for  6  months,  and  then  destroy  the  same if there be no
34    contest.  At  the  completion  of  the  canvass  of  all  the
 
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 1    precincts in such city, the total number of  votes  cast  for
 2    and   against  such  proposition  in  the  various  precincts
 3    ascertained as aforesaid shall  be  added  together  by  said
 4    board,  who  shall  then  declare the total result; thereupon
 5    said court shall enter an order declaring the number of votes
 6    so ascertained cast for, and the number of votes cast against
 7    such proposition, and if such proposition shall have received
 8    a majority of the votes cast for and against the same at such
 9    election, the court shall, by its order, declare this Article
10    6 and Articles 14 and 18 of this Act adopted. And it shall be
11    the duty of such judge to file a copy of such  order  in  the
12    office of the Secretary of State, and thereupon said Articles
13    of  this  act shall become operative and binding, and the law
14    for all elections in such city, and for the electors thereof,
15    and all courts and other persons shall take notice thereof.
16    (Source: Laws 1965, p. 3481.)

17        (10 ILCS 5/6-74) (from Ch. 46, par. 6-74)
18        Sec.  6-74.  The  quadruple  returns  of  the  judges  of
19    election of such village or incorporated town,  mentioned  in
20    the  last  section, in case of a village or town election for
21    any officer of such village or town, shall  be  made  to  the
22    same  officer as otherwise required by law, who shall receipt
23    therefor; and all such returns  shall  be  canvassed  by  the
24    election  authority  canvassing  board  of  such  village  or
25    incorporated  town,  as  established  by  law,  with the same
26    powers of  investigation  and  examination  by  the  election
27    authority  such  board  as  is  authorized by this act to the
28    canvassing board of any such city.
29    (Source: Laws 1957, p. 1450.)

30        (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
31        Sec. 7-56.  As soon as complete returns are delivered  to
32    the proper election authority, the returns shall be canvassed
 
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 1    for all primary elections. as follows:
 2        1.  In  the case of the nomination of candidates for city
 3    offices, by the mayor, the city attorney and the city clerk.
 4        2.  In the case of nomination of candidates  for  village
 5    offices,  by  the  president  of  the  board of trustees, one
 6    member of the board of trustees, and the village clerk.
 7        3.  In the case of nomination of candidates for  township
 8    offices,  by  the  town supervisor, the town assessor and the
 9    town clerk; in the  case  of  nomination  of  candidates  for
10    incorporated  town  offices,  by the corporate authorities of
11    the incorporated town.
12        3.5.  For multi-township  assessment  districts,  by  the
13    chairman,   clerk,   and   assessor   of  the  multi-township
14    assessment district.
15        4.  For   road   district   offices,   by   the   highway
16    commissioner and the road district clerk.
17        5.  The election authority acting as the canvassing board
18    pursuant to Section 1-8 of this Code  The  officers  who  are
19    charged by law with the duty of canvassing returns of general
20    elections  made  to  the  county  clerk,  shall also open and
21    canvass the returns of a primary made to such  county  clerk.
22    Upon  the  completion  of  the  canvass of the returns by the
23    election authority  county  canvassing  board,  the  election
24    authority  said  canvassing  board  shall  make  a  tabulated
25    statement of the returns for each political party separately,
26    stating in appropriate columns and under proper headings, the
27    total  number of votes cast in said county for each candidate
28    for  nomination  or  election  by   said   party,   including
29    candidates  for  President of the United States and for State
30    central  committeemen,  and  for  delegates   and   alternate
31    delegates   to   National  nominating  conventions,  and  for
32    precinct committeemen, township committeemen,  and  for  ward
33    committeemen.   Within  48  hours  after  the  election,  the
34    election authority must transmit, by  facsimile,  e-mail,  or
 
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 1    other electronic means, a preliminary statement of returns to
 2    the  State  Board  of Elections. The State Board of Elections
 3    must use the preliminary statement to determine if a  recount
 4    under  Section  22-7.10  is  necessary. Within 2 two (2) days
 5    after  the  completion  of  said  canvass  by  the   election
 6    authority  said  canvassing board the county clerk shall mail
 7    to the State Board of Elections  a  certified  copy  of  such
 8    tabulated  statement  of returns. Provided, however, that the
 9    number of votes cast for  the  nomination  for  offices,  the
10    certificates of election for which offices, under this Act or
11    any  other  laws  are issued by the county clerk shall not be
12    included in such certified copy of said  tabulated  statement
13    of  returns,  nor  shall  the  returns  on  the  election  of
14    precinct,  township  or  ward committeemen be so certified to
15    the State Board of Elections.  The  election  authority  said
16    officers  shall  also  determine  and  set  down  as  to each
17    precinct the number of ballots voted by the primary  electors
18    of each party at the primary.
19        6.  In   the  case  of  the  nomination  or  election  of
20    candidates for offices, including  President  of  the  United
21    States  and the State central committeemen, and delegates and
22    alternate  delegates  to  National  nominating   conventions,
23    certified  tabulated statement of returns for which are filed
24    with the State Board of  Elections,  said  returns  shall  be
25    canvassed  by  the  election authority board. Within 48 hours
26    after the election, the election authority must transmit,  by
27    facsimile,  e-mail  or  other electronic means, a preliminary
28    statement of results to the State  Board  of  Elections.  The
29    State  Board  of Elections must use the preliminary statement
30    to conduct a canvass to determine if a recount under  Section
31    22-7.10  is  necessary. And, provided, further, that within 5
32    days after said returns shall be canvassed by the said Board,
33    the Board shall cause to be published in one daily  newspaper
34    of general circulation at the seat of the State government in
 
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 1    Springfield a certified statement of the returns filed in its
 2    office,  showing  the  total  vote cast in the State for each
 3    candidate of each political party for President of the United
 4    States, and showing the total vote for each candidate of each
 5    political party for President of the United States,  cast  in
 6    each of the several congressional districts in the State.
 7        7.  Where  in  cities  or  villages which have a board of
 8    election commissioners, the returns of a primary are made  to
 9    such  board  of  election commissioners, said return shall be
10    canvassed by such board, and, excepting in the  case  of  the
11    nomination  for any municipal office, tabulated statements of
12    the returns of such primary  shall  be  made  to  the  county
13    clerk.
14        8.  Within  48 hours of conducting a canvass, as required
15    by this  Code,  the  delivery  of  complete  returns  of  the
16    consolidated primary, to the election authority, the election
17    authority shall deliver an original certificate of results to
18    each local election official, with respect to whose political
19    subdivisions  nominations were made at such primary, for each
20    precinct in his jurisdiction in which such  nominations  were
21    on  the ballot. Such original certificate of results need not
22    include any offices or nominations for  any  other  political
23    subdivisions.  The  local election official shall immediately
24    transmit the certificates to the  canvassing  board  for  his
25    political  subdivisions,  which  shall  open  and canvass the
26    returns, make a tabulated statement of the returns  for  each
27    political party separately, and as nearly as possible, follow
28    the  procedures  required  for  the  county canvassing board.
29    Such canvass of votes shall be conducted within 7 days  after
30    the close of the consolidated primary.
31    (Source: P.A. 87-1052.)

32        (10 ILCS 5/7-58) (from Ch. 46, par. 7-58)
33        Sec.  7-58.   Each  county  clerk  or  board  of election
 
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 1    commissioners of the canvassing  boards  respectively  shall,
 2    upon  completion  of  the canvassing of the returns, make and
 3    transmit to the State Board of Elections and to each election
 4    authority whose duty it is to print the official  ballot  for
 5    the  election for which the nomination is made a proclamation
 6    of the results of the primary.  The proclamation shall  state
 7    the  name  of  each  candidate  of  each  political  party so
 8    nominated or elected, as shown by the returns, together  with
 9    the  name  of the office for which he or she was nominated or
10    elected, including precinct, township and ward  committeemen,
11    and  including  in  the case of the State Board of Elections,
12    candidates for State central committeemen, and delegates  and
13    alternate delegates to National nominating conventions.  If a
14    notice  of  contest  is  filed,  the  election authority such
15    canvassing  board  shall,  within  one  business  day   after
16    receiving  a certified copy of the court's judgment or order,
17    amend its proclamation accordingly and  proceed  to  file  an
18    amended    proclamation   with   the   appropriate   election
19    authorities and with the State Board of Elections.
20        The State Board of Elections shall issue a certificate of
21    election to each of the persons shown by the returns and  the
22    proclamation    thereof   to   be   elected   State   central
23    committeemen,  and  delegates  and  alternate  delegates   to
24    National  nomination  conventions; and the county clerk shall
25    issue a certificate of election to each person shown  by  the
26    returns   to   be   elected   precinct,   township   or  ward
27    committeeman.  The  certificate  issued  to   such   precinct
28    committeeman  shall  state the number of ballots voted in his
29    or her precinct by the primary electors of his or  her  party
30    at   the  primary  at  which  he  or  she  was  elected.  The
31    certificate issued to such township committeeman shall  state
32    the number of ballots voted in his or her township or part of
33    a  township,  as  the case may be, by the primary electors of
34    his or her party at the  primary  at  which  he  or  she  was
 
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 1    elected.  The  certificate  issued  to such ward committeeman
 2    shall state the number of ballots voted in his or her ward by
 3    the primary electors of his or her party at  the  primary  at
 4    which he or she was elected.
 5    (Source: P.A. 84-1308.)

 6        (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
 7        Sec.  7-59.   (a) The person receiving the highest number
 8    of votes at a primary as a  candidate  of  a  party  for  the
 9    nomination for an office shall be the candidate of that party
10    for  such  office,  and  his  name as such candidate shall be
11    placed on the official  ballot  at  the  election  then  next
12    ensuing;  provided,  that where there are two or more persons
13    to be nominated for the same office or board,  the  requisite
14    number of persons receiving the highest number of votes shall
15    be  nominated and their names shall be placed on the official
16    ballot at the following election.
17        Except as otherwise provided by Section 7-8 of this  Act,
18    the person receiving the highest number of votes of his party
19    for  State central committeeman of his congressional district
20    shall be declared elected  State  central  committeeman  from
21    said congressional district.
22        Unless   a   national   political  party  specifies  that
23    delegates and alternate delegates to  a  National  nominating
24    convention    be    allocated   by   proportional   selection
25    representation according to the  results  of  a  Presidential
26    preference primary, the requisite number of persons receiving
27    the  highest number of votes of their party for delegates and
28    alternate delegates to National nominating  conventions  from
29    the  State  at  large,  and  the  requisite number of persons
30    receiving the highest number of  votes  of  their  party  for
31    delegates  and  alternate  delegates  to  National nominating
32    conventions in their respective congressional districts shall
33    be declared elected delegates and alternate delegates to  the
 
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 1    National nominating conventions of their party.
 2        A  political  party which elects the members to its State
 3    Central Committee by Alternative B  under  paragraph  (a)  of
 4    Section 7-8 shall select its congressional district delegates
 5    and alternate delegates to its national nominating convention
 6    by  proportional  selection  representation  according to the
 7    results  of  a  Presidential  preference  primary   in   each
 8    congressional district in the manner provided by the rules of
 9    the national political party and the State Central Committee,
10    when  the  rules and policies of the national political party
11    so require.
12        A political party which elects the members to  its  State
13    Central  Committee  by  Alternative  B under paragraph (a) of
14    Section 7-8 shall select its at large delegates and alternate
15    delegates  to   its   national   nominating   convention   by
16    proportional   selection   representation  according  to  the
17    results of a Presidential preference  primary  in  the  whole
18    State  in  the  manner  provided by the rules of the national
19    political party and the State  Central  Committee,  when  the
20    rules  and  policies  of  the  national  political  party  so
21    require.
22        The  person  receiving the highest number of votes of his
23    party for precinct committeeman  of  his  precinct  shall  be
24    declared elected precinct committeeman from said precinct.
25        The  person  receiving the highest number of votes of his
26    party for township committeeman of his township or part of  a
27    township  as  the  case  may  be,  shall  be declared elected
28    township  committeeman  from  said  township  or  part  of  a
29    township  as  the  case  may  be.  In   cities   where   ward
30    committeemen  are  elected,  the person receiving the highest
31    number of votes of his party for  ward  committeeman  of  his
32    ward  shall  be  declared elected ward committeeman from said
33    ward.
34        When two or more persons receive an equal and the highest
 
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 1    number of votes for the nomination for the same office or for
 2    committeeman of the same political party, or where more  than
 3    one  person of the same political party is to be nominated as
 4    a candidate for office or committeeman, if  it  appears  that
 5    more than the number of persons to be nominated for an office
 6    or  elected committeeman have the highest and an equal number
 7    of votes for the  nomination  for  the  same  office  or  for
 8    election  as  committeeman,  the  election authority board by
 9    which the returns of the primary are canvassed  shall  decide
10    by  lot  which of said persons shall be nominated or elected,
11    as the case may be. In such case the election authority  such
12    canvassing  board  shall  issue  notice  in  writing  to such
13    persons of such tie vote stating therein the place,  the  day
14    (which shall not be more than 5 five (5) days thereafter) and
15    the  hour  when  such  nomination  or  election  shall  be so
16    determined.
17        (b)  Write-in votes shall be counted only for persons who
18    have filed notarized declarations of intent  to  be  write-in
19    candidates  with the proper election authority or authorities
20    not later than 5:00 p.m. on the Tuesday immediately preceding
21    the primary.
22        Forms for the declaration of  intent  to  be  a  write-in
23    candidate  shall  be  supplied  by  the election authorities.
24    Such declaration shall  specify  the  office  for  which  the
25    person seeks nomination or election as a write-in candidate.
26        The  election  authority  or  authorities shall deliver a
27    list of all persons who have filed such declarations  to  the
28    election  judges  in  the  appropriate precincts prior to the
29    primary.
30        (c) (1)  Notwithstanding any  other  provisions  of  this
31    Section, where the number of candidates whose names have been
32    printed on a party's ballot for nomination for or election to
33    an office at a primary is less than the number of persons the
34    party  is  entitled to nominate for or elect to the office at
 
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 1    the primary, a person whose  name  was  not  printed  on  the
 2    party's  primary  ballot as a candidate for nomination for or
 3    election to the office, is not nominated for  or  elected  to
 4    that  office  as  a  result of a write-in vote at the primary
 5    unless the number of votes he received equals or exceeds  the
 6    number  of  signatures  required on a petition for nomination
 7    for that office; or unless the number of  votes  he  receives
 8    exceeds  the  number of votes received by at least one of the
 9    candidates whose names were printed on the primary ballot for
10    nomination for or election to the same office.
11        (2)  Paragraph (1) of  this  subsection  does  not  apply
12    where  the number of candidates whose names have been printed
13    on the party's  ballot for nomination for or election to  the
14    office at the primary equals or exceeds the number of persons
15    the  party is entitled to nominate for or elect to the office
16    at the primary.
17    (Source: P.A. 89-653, eff. 8-14-96.)

18        (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
19        Sec. 7-60.  Not less than 67 days before the date of  the
20    general  election, the State Board of Elections shall certify
21    to the county clerks the names of each of the candidates  who
22    have been nominated as shown by the proclamation of the State
23    Board  of  Elections  as  a canvassing board or who have been
24    nominated to fill a vacancy  in  nomination  and  direct  the
25    election  authority to place upon the official ballot for the
26    general election the names of such  candidates  in  the  same
27    manner and in the same order as shown upon the certification,
28    except as otherwise provided in this Section.
29        Not  less  than  61  days  before the date of the general
30    election, each county clerk shall certify the names  of  each
31    of  the candidates for county offices who have been nominated
32    as shown by the proclamation of the election authority county
33    canvassing board or who have been nominated to fill a vacancy
 
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 1    in nomination and declare that the names of  such  candidates
 2    for  the respective offices shall be placed upon the official
 3    ballot for the general election in the same manner and in the
 4    same  order  as  shown  upon  the  certification,  except  as
 5    otherwise provided by this Section.  Each county clerk  shall
 6    place  a  copy  of  the  certification  on file in his or her
 7    office and at the same time  issue  to  the  State  Board  of
 8    Elections  a  copy  of such certification.  In addition, each
 9    county clerk in whose county there is  a  board  of  election
10    commissioners shall, not less than 61 days before the date of
11    the  general  election,  issue  to  such  board a copy of the
12    certification that has  been  filed  in  the  county  clerk's
13    office,  together  with  a copy of the certification that has
14    been issued to the clerk by the  State  Board  of  Elections,
15    with  directions  to  the  board of election commissioners to
16    place upon the official ballot for the  general  election  in
17    that  election  jurisdiction the names of all candidates that
18    are listed on such certifications, in the same manner and  in
19    the  same  order as shown upon such certifications, except as
20    otherwise provided in this Section.
21        Whenever there are two or more persons nominated  by  the
22    same  political party for multiple offices for any board, the
23    name of the candidate of such  party  receiving  the  highest
24    number  of  votes  in the primary election as a candidate for
25    such office, as shown by the official election returns of the
26    primary, shall be certified first  under  the  name  of  such
27    offices,  and  the  names of the remaining candidates of such
28    party for such offices shall  follow  in  the  order  of  the
29    number  of votes received by them respectively at the primary
30    election as shown by the official election results.
31        No person  who  is  shown  by  the  election  authority's
32    canvassing board's proclamation to have been nominated at the
33    primary  as  a  write-in candidate shall have his or her name
34    certified unless  such  person  shall  have  filed  with  the
 
                            -14-              LRB9201078MWcsB
 1    certifying  office or board within 10 days after the election
 2    authority's canvassing board's proclamation  a  statement  of
 3    candidacy  pursuant  to Section 7-10 and a statement pursuant
 4    to Section 7-10.1.
 5        Each county clerk and  board  of  election  commissioners
 6    shall  determine  by  a  fair  and impartial method of random
 7    selection the order of  placement  of  established  political
 8    party  candidates  for  the  general  election  ballot.  Such
 9    determination shall be made  within  30  days  following  the
10    canvass  and  proclamation  of  the  results  of  the general
11    primary in the  office  of  the  county  clerk  or  board  of
12    election  commissioners  and  shall  be  open  to the public.
13    Seven days written notice of the time and place of conducting
14    such random selection shall be given, by each  such  election
15    authority,   to  the  County  Chairman  of  each  established
16    political party, and to each organization of citizens  within
17    the  election  jurisdiction  which  was  entitled, under this
18    Article, at the next preceding election, to have pollwatchers
19    present on the day  of  election.   Each  election  authority
20    shall  post  in  a conspicuous, open and public place, at the
21    entrance of the election authority office, notice of the time
22    and place of such lottery.   However,  a  board  of  election
23    commissioners  may elect to place established political party
24    candidates on the general election ballot in the  same  order
25    determined  by  the  county  clerk of the county in which the
26    city under the jurisdiction of such board is located.
27        Each certification shall indicate, where applicable,  the
28    following:
29        (1)  The  political  party  affiliation of the candidates
30    for the respective offices;
31        (2)  If there is to be more than one candidate elected to
32    an office from the State, political subdivision or district;
33        (3)  If the voter has the right to vote for more than one
34    candidate for an office;
 
                            -15-              LRB9201078MWcsB
 1        (4)  The term of office, if a vacancy is to be filled for
 2    less than a full term or if the offices to  be  filled  in  a
 3    political subdivision are for different terms.
 4        The  State Board of Elections or the county clerk, as the
 5    case may be, shall issue an amended certification whenever it
 6    is discovered that the original certification is in error.
 7    (Source: P.A. 86-867; 86-875; 86-1028.)

 8        (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
 9        Sec. 7-60.1.  Certification of Candidates -  Consolidated
10    Election.    Each  local  election  official  of  a political
11    subdivision in which  candidates  for  the  respective  local
12    offices  are  nominated at the consolidated primary shall, no
13    later than 5 days following the canvass and  proclamation  of
14    the  results  of  the  consolidated  primary, certify to each
15    election authority whose duty it is to prepare  the  official
16    ballot  for  the  consolidated  election  in  that  political
17    subdivision the names of each of the candidates who have been
18    nominated  as  shown  by  the proclamation of the appropriate
19    election  authority  canvassing  board  or  who   have   been
20    nominated  to  fill  a  vacancy  in nomination and direct the
21    election authority to place upon the official ballot for  the
22    consolidated  election  the  names  of such candidates in the
23    same  manner  and  in  the  same  order  as  shown  upon  the
24    certification, except as otherwise provided by this Section.
25        Whenever there are two or more persons nominated  by  the
26    same  political party for multiple offices for any board, the
27    name of the candidate of such  party  receiving  the  highest
28    number  of  votes  in  the consolidated primary election as a
29    candidate for such consolidated primary, shall  be  certified
30    first  under  the  name  of such office, and the names of the
31    remaining candidates of such party  for  such  offices  shall
32    follow  in  the order of the number of votes received by them
33    respectively at the consolidated primary election as shown by
 
                            -16-              LRB9201078MWcsB
 1    the official election results.
 2        No person  who  is  shown  by  the  election  authority's
 3    canvassing board's proclamation to have been nominated at the
 4    consolidated  primary  as a write-in candidate shall have his
 5    or her name certified unless such  person  shall  have  filed
 6    with  the  certifying office or board within 5 days after the
 7    election  authority's  canvassing  board's   proclamation   a
 8    statement  of  candidacy  pursuant  to  Section  7-10  and  a
 9    statement pursuant to Section 7-10.1.
10        Each  board  of  election  commissioners of the cities in
11    which established political party candidates for city offices
12    are nominated at the consolidated primary shall determine  by
13    a  fair and impartial method of random selection the order of
14    placement of the established political party  candidates  for
15    the  consolidated  ballot.   Such determination shall be made
16    within 5 days following the canvass and proclamation  of  the
17    results  of the consolidated primary and shall be open to the
18    public.  Three days written notice of the time and  place  of
19    conducting such random selection shall be given, by each such
20    election   authority,   to   the   County  Chairman  of  each
21    established political party,  and  to  each  organization  of
22    citizens within the election jurisdiction which was entitled,
23    under  this  Article, at the next preceding election, to have
24    pollwatchers present on the day of election.   Each  election
25    authority shall post in a conspicuous, open and public place,
26    at  the  entrance of the election authority office, notice of
27    the time and place of such lottery.
28        Each local election official of a  political  subdivision
29    in  which  established  political  party  candidates  for the
30    respective local  offices  are  nominated  by  primary  shall
31    determine  by a fair and impartial method of random selection
32    the order of placement of  the  established  political  party
33    candidates  for  the consolidated election ballot and, in the
34    case of certain municipalities having  annual  elections,  on
 
                            -17-              LRB9201078MWcsB
 1    the  general primary ballot for election.  Such determination
 2    shall be made  prior  to  the  canvass  and  proclamation  of
 3    results  of  the  consolidated  primary  or special municipal
 4    primary, as the case may be,  in  the  office  of  the  local
 5    election  official  and  shall  be open to the public.  Three
 6    days written notice of the time and place of conducting  such
 7    random  selection shall be given, by each such local election
 8    official,  to  the  County  Chairman  of   each   established
 9    political  party, and to each organization of citizens within
10    the election jurisdiction  which  was  entitled,  under  this
11    Article, at the next preceding election, to have pollwatchers
12    present on the day of election.  Each local election official
13    shall  post in a conspicuous, open and public place notice of
14    such lottery.  Immediately  thereafter,  the  local  election
15    official   shall   certify  the  ballot  placement  order  so
16    determined to the proper election  authorities  charged  with
17    the  preparation  of  the  consolidated  election, or general
18    primary,  ballot for that political subdivision.
19        Not less than 61 days before the date of the consolidated
20    election,  each  local  election  official  of  a   political
21    subdivision  in  which established political party candidates
22    for the respective  local  offices  have  been  nominated  by
23    caucus or have been nominated because no primary was required
24    to  be  held  shall  certify to each election authority whose
25    duty  it  is  to  prepare  the  official   ballot   for   the
26    consolidated election in that political subdivision the names
27    of each of the candidates whose certificates of nomination or
28    nomination  papers  have  been filed in his or her office and
29    direct the election authority  to  place  upon  the  official
30    ballot  for  the  consolidated  election  the  names  of such
31    candidates in the same manner and in the same order as  shown
32    upon  the certification.  Such local election official shall,
33    prior to certification, determine by  a  fair  and  impartial
34    method  of  random  selection  the  order of placement of the
 
                            -18-              LRB9201078MWcsB
 1    established political party candidates for  the  consolidated
 2    election  ballot.   Such  determination  shall be made in the
 3    office of the local election official and shall  be  open  to
 4    the  public.  Three days written notice of the time and place
 5    of conducting such random selection shall be  given  by  each
 6    such  local  election official to the county chairman of each
 7    established political party,  and  to  each  organization  of
 8    citizens within the election jurisdiction which was entitled,
 9    under  this  Article, at the next preceding election, to have
10    pollwatchers present on the  day  of  election.   Each  local
11    election  official  shall  post  in  a  conspicuous, open and
12    public place, at the entrance of the office,  notice  of  the
13    time  and place of such lottery.  The local election official
14    shall certify the ballot placement  order  so  determined  as
15    part  of  his  official  certification  of  candidates to the
16    election authorities whose duty it is to prepare the official
17    ballot  for  the  consolidated  election  in  that  political
18    subdivision.
19        The certification shall indicate, where  applicable,  the
20    following:
21        (1)  The  political  party  affiliation of the candidates
22    for the respective offices;
23        (2)  If there is to be more than one candidate elected or
24    nominated to an office from the State, political  subdivision
25    or district;
26        (3)  If the voter has the right to vote for more than one
27    candidate for an office;
28        (4)  The term of office, if a vacancy is to be filled for
29    less  than  a  full  term or if the offices to be filled in a
30    political subdivision or district are for different terms.
31        The  local  election  official  shall  issue  an  amended
32    certification whenever it is  discovered  that  the  original
33    certification is in error.
34    (Source: P.A. 84-1308.)
 
                            -19-              LRB9201078MWcsB
 1        (10 ILCS 5/7-63) (from Ch. 46, par. 7-63)
 2        Sec.  7-63.   Any  candidate  whose name appears upon the
 3    primary  ballot  of  any  political  party  may  contest  the
 4    election of the candidate or  candidates  nominated  for  the
 5    office  for  which  he  or  she was a candidate by his or her
 6    political party, upon the face of the returns, by filing with
 7    the clerk of the circuit court a petition in writing, setting
 8    forth  the  grounds  of  contest,  which  petition  shall  be
 9    verified by the affidavit of the petitioner or other  person,
10    and  which  petition  shall be filed within 10 days after the
11    completion of the canvass of  the  returns  by  the  election
12    authority  canvassing  board  making  the  final  canvass  of
13    returns.  The  contestant  shall also file with that election
14    authority canvassing board (and if for the nomination for  an
15    office,  certified  tabulated  statements  of  the returns of
16    which are to be filed with the State Board of Elections, also
17    with the  election  authorities  in  whose  jurisdiction  the
18    election  was  held county canvassing board), a notice of the
19    pendency of the contest.
20        If the contest relates to an office involving  more  than
21    one  county, the venue of the contest is (a) in the county in
22    which the alleged grounds of the  contest  exist  or  (b)  if
23    grounds for the contest are alleged to exist in more than one
24    county,  then  in  any  of those counties or in the county in
25    which any defendant resides.
26        Authority and  jurisdiction  are  hereby  vested  in  the
27    circuit court, to hear and determine primary contests. When a
28    petition  to  contest a primary is filed in the office of the
29    clerk of the court, the petition shall forthwith be presented
30    to a judge thereof,  who  shall  note  thereon  the  date  of
31    presentation,  and  shall  note  thereon  the  day  when  the
32    petition  will be heard, which shall not be more than 10 days
33    thereafter.
34        Summons shall forthwith issue to each defendant named  in
 
                            -20-              LRB9201078MWcsB
 1    the  petition  and  shall be served for the same manner as is
 2    provided for other civil cases. Summons  may  be  issued  and
 3    served  in any county in the State. The case may be heard and
 4    determined by the circuit court at any time not less  than  5
 5    days  after  service of process, and shall have preference in
 6    the order of hearing to all other cases. The petitioner shall
 7    give security for all costs.
 8        In any contest involving the selection  of  nominees  for
 9    the  office  of  State  representative, each candidate of the
10    party and district involved, who is not  a  petitioner  or  a
11    named  defendant in the contest, shall be given notice of the
12    contest at the same time summons is issued to the defendants,
13    and any other candidate may, upon application  to  the  court
14    within 5 days after receiving such notice, be made a party to
15    the contest.
16        Any defendant may, within 5 days after service of process
17    upon him or her, file a counterclaim in the same manner as in
18    other  civil  cases  and  shall  give  security for all costs
19    relating to such counterclaim.
20        Any party to such proceeding may have a  substitution  of
21    judge  from  the  judge  to whom such contest is assigned for
22    hearing, where he or she fears or has cause to  believe  such
23    judge  is  prejudiced  against,  or  is related to any of the
24    parties either  by  blood  or  by  marriage.  Notice  of  the
25    application  for  such  substitution  of judge must be served
26    upon the opposite party and filed with such judge  not  later
27    than  one  day  after such contest is assigned to such judge,
28    Sundays and legal  holidays  excepted.   No  party  shall  be
29    entitled  to  more  than  one  substitution  of judge in such
30    proceeding.
31        If, in the opinion of the court, in which the petition is
32    filed, the grounds for contest alleged  are  insufficient  in
33    law  the  petition shall be dismissed. If the grounds alleged
34    are sufficient in law, the court shall proceed in  a  summary
 
                            -21-              LRB9201078MWcsB
 1    manner  and  may  hear evidence, examine the returns, recount
 2    the ballots and make such orders and enter such  judgment  as
 3    justice  may  require.  In  the case of a contest relating to
 4    nomination for the office of Representative  in  the  General
 5    Assembly  where the contestant received votes equal in number
 6    to at  least  95%  of  the  number  of  votes  cast  for  any
 7    apparently  successful  candidate  for  nomination  for  that
 8    office  by  the  same  political party, the court may order a
 9    recount for the entire district and may  order  the  cost  of
10    such  recount  to  be  borne  by the respective counties. The
11    court shall ascertain and declare by a judgment to be entered
12    of record, the result of such  election  in  the  territorial
13    area for which the contest is made. The judgment of the court
14    shall be appealable as in other civil cases. A certified copy
15    of  the  judgment shall forthwith be made by the clerk of the
16    court and  transmitted  to  the  election  authorities  board
17    canvassing  the  returns  for  such  office,  and  in case of
18    contest,  if  for  nomination  for   an   office,   tabulated
19    statements  of  returns  for  which  are filed with the State
20    Board of Elections,  also  in  the  office  of  the  election
21    authorities  having  jurisdiction  county clerk in the proper
22    county.  The  proper  election   authority   or   authorities
23    canvassing  board,  or  boards,  as  the  case  may be, shall
24    correct the returns or the tabulated statement of returns  in
25    accordance with the judgment.
26    (Source: P.A. 84-1308.)

27        (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
28        Sec. 10-9.  The following electoral boards are designated
29    for  the  purpose  of hearing and passing upon the objector's
30    petition described in Section 10-8.
31        1.  The State Board of Elections will hear and pass  upon
32    objections   to  the  nominations  of  candidates  for  State
33    offices,  nominations  of   candidates   for   congressional,
 
                            -22-              LRB9201078MWcsB
 1    legislative  and  judicial  offices  of districts or circuits
 2    situated in more than one county, nominations  of  candidates
 3    for   the   offices   of   State's   attorney   or   regional
 4    superintendent  of  schools  to be elected from more than one
 5    county,  and  petitions  for  proposed  amendments   to   the
 6    Constitution  of  the  State  of  Illinois as provided for in
 7    Section 3 of Article XIV of the Constitution.
 8        2.  Except as  provided  in  paragraph  2.5,  the  county
 9    officers  electoral board to hear and pass upon objections to
10    the  nominations  of  candidates  for  county  offices,   for
11    congressional, legislative and judicial offices of a district
12    or circuit coterminous with or less than a county, for school
13    trustees  to be voted for by the electors of the county or by
14    the electors of a township of the county, for the  office  of
15    multi-township  assessor where candidates for such office are
16    nominated in accordance with this Code, and for  all  special
17    district  offices,  shall be composed of the county clerk, or
18    an assistant designated by  the  county  clerk,  the  State's
19    attorney  of  the  county  or  an  Assistant State's Attorney
20    designated by the State's Attorney,  and  the  clerk  of  the
21    circuit court, or an assistant designated by the clerk of the
22    circuit court, of the county, of whom the county clerk or his
23    designee    shall  be the chairman, except that in any county
24    which  has   established   a   county   board   of   election
25    commissioners that board shall constitute the county officers
26    electoral board ex-officio.
27        3.  The  municipal  officers  electoral board to hear and
28    pass upon objections to the  nominations  of  candidates  for
29    officers  of municipalities shall be composed of the mayor or
30    president of the board of trustees of the  city,  village  or
31    incorporated town, and the city, village or incorporated town
32    clerk,  and  one  member  of  the  city  council  or board of
33    trustees, that member being designated  who  is  eligible  to
34    serve  on the electoral board and has had the longest term of
 
                            -23-              LRB9201078MWcsB
 1    continuous service served the greatest number of years  as  a
 2    member  of the city council or board of trustees, of whom the
 3    mayor or president of the board  of  trustees  shall  be  the
 4    chairman.
 5        4.  The  township  officers  electoral board to pass upon
 6    objections to the nominations of township officers  shall  be
 7    composed of the township supervisor, the town clerk, and that
 8    eligible town trustee elected in the township who has had the
 9    longest  term  of continuous service as town trustee, of whom
10    the township supervisor shall be the chairman.
11        5.  The education officers electoral board  to  hear  and
12    pass  upon  objections  to  the nominations of candidates for
13    offices in school or community  college  districts  shall  be
14    composed  of the presiding officer of the school or community
15    college district  board,  who  shall  be  the  chairman,  the
16    secretary  of  the school or community college district board
17    and the eligible elected school or  community  college  board
18    member  who  has  the longest term of continuous service as a
19    board member.
20        6.  In all cases, however,  where  the  Congressional  or
21    Legislative  district  is wholly within the jurisdiction of a
22    board of election commissioners, and in all cases  where  the
23    school  district  or  special  district  is wholly within the
24    jurisdiction of a municipal board of election  commissioners,
25    and in all cases where the municipality or township is wholly
26    or  partially within the jurisdiction of a municipal board of
27    election commissioners, and in all cases in which a  judicial
28    district,  judicial  subcircuit,  or county board district is
29    located wholly within the jurisdiction of a Board of Election
30    Commissioners, the  board  of  election  commissioners  shall
31    ex-officio constitute the electoral board.
32        For  special  districts situated in more than one county,
33    the county officers electoral board of the  county  in  which
34    the   principal   office  of  the  district  is  located  has
 
                            -24-              LRB9201078MWcsB
 1    jurisdiction to hear and pass upon objections.  For  purposes
 2    of  this  Section,  "special  districts"  means all political
 3    subdivisions other than counties,  municipalities,  townships
 4    and school and community college districts.
 5        In  the event that any member of the appropriate board is
 6    a candidate  for  the  office  with  relation  to  which  the
 7    objector's  petition  is  filed,  he shall not be eligible to
 8    serve on that board and shall not act  as  a  member  of  the
 9    board and his place shall be filled as follows:
10             a.  In  the  county  officers electoral board by the
11        county treasurer, or his or her designee, and  if  he  or
12        she  is ineligible to serve, by the sheriff of the county
13        or his or her designee.
14             b.  In the municipal officers electoral board by the
15        eligible elected city council or board of trustees member
16        who has served the second greatest number of years  as  a
17        city council or board of trustees member.
18             c.  In  the township officers electoral board by the
19        eligible elected town trustee  who  has  had  the  second
20        longest term of continuous service as a town trustee.
21             d.  In the education officers electoral board by the
22        eligible  elected  school  or  community college district
23        board member who has  had  the  second  longest  term  of
24        continuous service as a board member.
25        In  the event that the chairman of the electoral board is
26    ineligible to act because of the fact that he is a  candidate
27    for the office with relation to which the objector's petition
28    is  filed, then the substitute chosen under the provisions of
29    this Section shall be the chairman; In this case, the officer
30    or board with whom the objector's petition  is  filed,  shall
31    transmit  the  certificate of nomination or nomination papers
32    as the case may  be,  and  the  objector's  petition  to  the
33    substitute chairman of the electoral board.
34        When  2  or more eligible individuals, by reason of their
 
                            -25-              LRB9201078MWcsB
 1    terms of service on a city  council  or  board  of  trustees,
 2    township  board  of  trustees, or school or community college
 3    district board, qualify to serve on an electoral  board,  the
 4    one  to  serve  shall  be chosen by lot by the local election
 5    official with whom nomination papers are filed.
 6        Any vacancies on an electoral board not otherwise  filled
 7    pursuant  to  this  Section shall be filled by public members
 8    appointed by the Chief Judge of the  Circuit  Court  for  the
 9    county wherein the electoral board hearing is being held upon
10    notification  to the Chief Judge of such vacancies. The Chief
11    Judge shall be so notified by a member of the electoral board
12    or the officer or board with whom the objector's petition was
13    filed.  In the event that none of the individuals  designated
14    by this Section to serve on the electoral board are eligible,
15    the chairman of an electoral board shall be designated by the
16    Chief Judge.
17    (Source: P.A. 87-570.)

18        (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
19        Sec.  10-10.   Within  24  hours after the receipt of the
20    certificate of nomination or nomination  papers  or  proposed
21    question  of  public  policy,  as  the  case  may be, and the
22    objector's petition, the  chairman  of  the  electoral  board
23    other  than the State Board of Elections shall send a call by
24    registered or certified mail to each of the  members  of  the
25    electoral board, and to the objector who filed the objector's
26    petition,  and  either  to the candidate whose certificate of
27    nomination or nomination papers are objected  to  or  to  the
28    principal  proponent or attorney for proponents of a question
29    of public policy, as the case may  be,  whose  petitions  are
30    objected  to,  and shall also cause the sheriff of the county
31    or counties in which such  officers  and  persons  reside  to
32    serve  a  copy  of  such  call upon each of such officers and
33    persons, which call shall set out the fact that the electoral
 
                            -26-              LRB9201078MWcsB
 1    board  is  required  to  meet  to  hear  and  pass  upon  the
 2    objections to nominations made for  the  office,  designating
 3    it,  and  shall  state  the  day, hour and place at which the
 4    electoral board shall meet for the purpose, which place shall
 5    be in any public and convenient place the county court  house
 6    in  the  county  in the case of the County Officers Electoral
 7    Board, the Municipal Officers Electoral Board,  the  Township
 8    Officers  Electoral Board or the Education Officers Electoral
 9    Board.  The Township Officers Electoral Board may meet in the
10    township offices, if they  are  available,  rather  than  the
11    county  courthouse.  In  those cases where the State Board of
12    Elections is the electoral  board  designated  under  Section
13    10-9,  the  chairman  of  the State Board of Elections shall,
14    within 24 hours after  the  receipt  of  the  certificate  of
15    nomination  or  nomination papers or petitions for a proposed
16    amendment to Article  IV  of  the  Constitution  or  proposed
17    statewide   question   of  public  policy,  send  a  call  by
18    registered or certified mail to the objector  who  files  the
19    objector's  petition,  and  either  to  the  candidate  whose
20    certificate  of  nomination or nomination papers are objected
21    to or to the principal proponent or attorney  for  proponents
22    of   the   proposed  Constitutional  amendment  or  statewide
23    question of public policy and shall state the day,  hour  and
24    place  at  which  the  electoral  board  shall  meet  for the
25    purpose, which place may be in the Capitol Building or in the
26    principal or permanent branch office of the State Board.  The
27    day of the meeting shall not be less than 3 nor more than 6 5
28    days  after  the  receipt of the certificate of nomination or
29    nomination papers and the objector's petition by the chairman
30    of the electoral board.
31        The electoral board shall have the  power  to  administer
32    oaths  and  to  subpoena  and  examine  witnesses  and at the
33    request of either party  the  chairman  may  issue  subpoenas
34    requiring  the  attendance  of  witnesses and subpoenas duces
 
                            -27-              LRB9201078MWcsB
 1    tecum requiring the production of such books, papers, records
 2    and documents as may be evidence of any matter under  inquiry
 3    before  the  electoral board, in the same manner as witnesses
 4    are subpoenaed in the Circuit Court.
 5        Service of such subpoenas shall be made by any sheriff or
 6    other person in the same manner as in cases in such court and
 7    the fees of such sheriff shall be the same as is provided  by
 8    law,  and  shall  be  paid  by  the objector or candidate who
 9    causes the issuance of the subpoena. In case  any  person  so
10    served  shall  knowingly  neglect  or refuse to obey any such
11    subpoena, or to testify, the electoral board  shall  at  once
12    file  a  petition in the circuit court of the county in which
13    such hearing is to be heard, or  has  been  attempted  to  be
14    heard,  setting  forth  the facts, of such knowing refusal or
15    neglect, and accompanying the petition with  a  copy  of  the
16    citation and the answer, if one has been filed, together with
17    a copy of the subpoena and the return of service thereon, and
18    shall  apply  for  an order of court requiring such person to
19    attend and testify, and forthwith produce books  and  papers,
20    before  the  electoral board. Any circuit court of the state,
21    excluding the judge who is sitting on  the  electoral  board,
22    upon  such  showing  shall  order  such  person to appear and
23    testify, and to forthwith  produce  such  books  and  papers,
24    before  the  electoral  board  at  a place to be fixed by the
25    court. If such person shall knowingly fail or refuse to  obey
26    such  order  of  the  court  without lawful excuse, the court
27    shall punish him or her by  fine  and  imprisonment,  as  the
28    nature  of the case may require and may be lawful in cases of
29    contempt of court.
30        The electoral board on the first day of its meeting shall
31    adopt rules of procedure for the introduction of evidence and
32    the presentation of arguments and  may,  in  its  discretion,
33    provide  for  the  filing  of  briefs  by  the parties to the
34    objection or by other interested persons.
 
                            -28-              LRB9201078MWcsB
 1        In the event  of  a  State  Electoral  Board  hearing  on
 2    objections  to  a  petition for an amendment to Article IV of
 3    the Constitution pursuant to Section 3 of Article XIV of  the
 4    Constitution,  or  to  a  petition  for  a question of public
 5    policy to be submitted to the voters of the entire State, the
 6    certificates of the county  clerks  and  boards  of  election
 7    commissioners  showing  the  results  of the random sample of
 8    signatures on the petition shall be  prima  facie  valid  and
 9    accurate,  and  shall  be presumed to establish the number of
10    valid and invalid signatures on the petition sheets  reviewed
11    in  the  random  sample,  as  prescribed in Section 28-11 and
12    28-12 of this Code.  Either  party,  however,  may  introduce
13    evidence  at  such  hearing  to  dispute  the findings as  to
14    particular signatures.  In addition to the foregoing, in  the
15    absence  of competent evidence presented at such hearing by a
16    party substantially  challenging  the  results  of  a  random
17    sample,   or  showing  a  different  result  obtained  by  an
18    additional sample, this certificate  of  a  county  clerk  or
19    board   of   election  commissioners  shall  be  presumed  to
20    establish the ratio of valid to invalid signatures within the
21    particular election jurisdiction.
22        The electoral board shall take  up  the  question  as  to
23    whether  or  not  the certificate of nomination or nomination
24    papers or petitions are in proper form, and  whether  or  not
25    they  were  filed  within  the  time and under the conditions
26    required by law, and whether or  not  they  are  the  genuine
27    certificate  of  nomination or nomination papers or petitions
28    which they purport to be, and whether or not in the  case  of
29    the  certificate  of  nomination  in  question  it represents
30    accurately the decision of the caucus or  convention  issuing
31    it,   and   in  general  shall  decide  whether  or  not  the
32    certificate of nomination or nominating papers  or  petitions
33    on file are valid or whether the objections thereto should be
34    sustained  and  the  decision  of a majority of the electoral
 
                            -29-              LRB9201078MWcsB
 1    board shall be final subject to judicial review  as  provided
 2    in  Section  10-10.1.   The  electoral  board must state  its
 3    findings  in  writing  and  must  state  in   writing   which
 4    objections, if any, it has sustained.
 5        Upon   the  expiration  of  the  period  within  which  a
 6    proceeding  for  judicial  review  must  be  commenced  under
 7    Section  10--10.1,  the  electoral  board  shall,  unless   a
 8    proceeding for judicial review has been commenced within such
 9    period,   transmit,   by  registered  or  certified  mail,  a
10    certified copy of its  ruling,  together  with  the  original
11    certificate  of  nomination or nomination papers or petitions
12    and the original objector's petition, to the officer or board
13    with whom the certificate of nomination or nomination  papers
14    or  petitions, as objected to, were on file, and such officer
15    or board shall abide by and comply with the ruling so made to
16    all intents and purposes.
17    (Source: P.A. 91-285, eff. 1-1-00.)

18        (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
19        Sec. 21-2.  Within  48  hours  after  the  election,  the
20    county  clerk  must  transmit, by facsimile, e-mail, or other
21    electronic means, a preliminary statement to the State  Board
22    of  Elections.   Within  72  hours  after  the  close  of the
23    election, the State Board must conduct a preliminary  canvass
24    under  Section 22-7.5 to determine if a recount is necessary.
25    The county clerks of the several  counties  shall,  within  8
26    days  next after holding the election named in subsection (1)
27    of Section 2A-1.2 and Section  2A-2  make  2  copies  of  the
28    abstract  of  the  votes  cast for electors by each political
29    party or group, as indicated by the voter, as aforesaid, by a
30    cross in the square to the left of the bracket aforesaid,  or
31    as  indicated  by  a cross in the appropriate place preceding
32    the appellation or title of the particular political party or
33    group, and transmit by mail one of the copies to  the  office
 
                            -30-              LRB9201078MWcsB
 1    of  the  State Board of Elections and retain the other in his
 2    office, to be sent for by the electoral  board  in  case  the
 3    other  should be mislaid. Within 10 20 days after the holding
 4    of such election, and sooner if all the returns are  received
 5    by the State Board of Elections, the State Board of Elections
 6    Election,  shall  proceed  to  open and canvass said election
 7    returns and to declare which set of candidates for  President
 8    and Vice-President received, as aforesaid, the highest number
 9    of votes cast at such election as aforesaid; and The electors
10    of   that   party   whose   candidates   for   President  and
11    Vice-President received the highest number of votes  so  cast
12    shall  be  taken  and  deemed  to  be  elected as electors of
13    President and Vice-President, but should 2 or  more  sets  of
14    candidates  for President and Vice-President be returned with
15    an equal and the highest vote, the State Board  of  Elections
16    shall  cause  a  notice  of  the  same to be published, which
17    notice shall name some day and place, not less  than  5  days
18    from  the time of such publication of such notice, upon which
19    the State Board of Elections will decide by lot which of  the
20    sets  of candidates for President and Vice-President so equal
21    and highest shall be declared to be highest. And upon the day
22    and at the place so appointed in the notice, the board  shall
23    so  decide  by lot and declare which is deemed highest of the
24    sets of candidates for President and Vice-President so  equal
25    and  highest,  thereby  determining  only  that  the electors
26    chosen as aforesaid by such candidates' party  or  group  are
27    thereby elected by general ticket to be such electors.
28    (Source: P.A. 84-861.)

29        (10 ILCS 5/22-1) (from Ch. 46, par. 22-1)
30        Sec.  22-1.  Abstracts  of  votes.  Within 48 hours after
31    the election, but in no case later  than  7  days  after  the
32    close  of  the  election  at  which  candidates  for  offices
33    hereinafter  named  in  this  Section  are  voted  upon,  the
 
                            -31-              LRB9201078MWcsB
 1    election   authorities   county   clerks  of  the  respective
 2    counties, with the assistance of the chairmen of  the  county
 3    central  committees  of the Republican and Democratic parties
 4    of the county, shall open the returns and make  abstracts  of
 5    the  votes  votes for each office or question voted on at the
 6    election. on a separate sheet for each of the following:
 7        A.  For Governor and Lieutenant Governor;
 8        B.  For State officers;
 9        C.  For presidential electors;
10        D.  For United States  Senators  and  Representatives  to
11    Congress;
12        E.  For judges of the Supreme Court;
13        F.  For judges of the Appellate Court;
14        G.  For judges of the circuit court;
15        H.  For  Senators  and  Representatives  to  the  General
16    Assembly;
17        I.  For   State's   Attorneys  elected  from  2  or  more
18    counties;
19        J.  For amendments to the  Constitution,  and  for  other
20    propositions submitted to the electors of the entire State;
21        K.  For county officers and for propositions submitted to
22    the electors of the county only;
23        L.  For Regional Superintendent of Schools;
24        M.  For trustees of Sanitary Districts; and
25        N.  For Trustee of a Regional Board of School Trustees.
26        Multiple  originals  of  each  of  the  sheets  shall  be
27    prepared  and one of each shall be immediately turned over to
28    the chairman of the county central committee of each  of  the
29    then  existing  established  political parties, as defined in
30    Section  10-2,  or   his   duly   authorized   representative
31    immediately after the completion of the entries on the sheets
32    and before the totals have been compiled.
33        Within 48 hours after the election, the county clerk must
34    transmit,  by facsimile, e-mail, or other electronic means, a
 
                            -32-              LRB9201078MWcsB
 1    preliminary abstract of votes for  State  Officers,  Senators
 2    and  Representatives  of  the General Assembly, Judges of the
 3    Supreme, Appellate, and  Circuit  Courts,  and  United  State
 4    Senators  and  Representatives of Congress to the State Board
 5    of Elections.  Within 72 hours after the election, the  State
 6    Board must conduct a preliminary canvass under Section 22-7.5
 7    to determine if a recount is necessary.
 8        The   foregoing  abstracts  shall  be  preserved  by  the
 9    election authority county clerk in its his office.
10        Whenever any county chairman  is  also  county  clerk  or
11    whenever  any  county chairman is unable to canvass the vote,
12    serve as a member of such canvassing board the deputy  county
13    clerk  or  a  designee  of  the county clerk or deputy county
14    clerk  vice-chairman  or  secretary  of  his  county  central
15    committee, in that order, shall serve in his or her place  as
16    member  of  such  canvassing board; provided, that if none of
17    these persons is able  to  serve,  the  county  chairman  may
18    appoint  a member of his county central committee to serve as
19    a member of such canvassing board.
20        The powers and  duties  of  the  the  election  authority
21    canvassing  the  votes county canvassing board are limited to
22    those specified in this  Section.  In  no  event  shall  such
23    canvassing  board  open any package in which the ballots have
24    been  wrapped  or  any  envelope  containing  "defective"  or
25    "objected to" ballots, or in any manner undertake to  examine
26    the  ballots  used  in  the  election,  except as provided in
27    Section 22-9.1 or when directed by a  court  in  an  election
28    contest. Nor shall such canvassing board call in the precinct
29    judges  of  election  or any other persons to open or recount
30    the ballots.
31    (Source: P.A. 89-5, eff. 1-1-96.)

32        (10 ILCS 5/22-7.5 new)
33        Sec. 22-7.5. Preliminary canvass.
 
                            -33-              LRB9201078MWcsB
 1        (a)  The  State  Board  of  Elections  must   conduct   a
 2    preliminary  canvass  of the returns for candidates for State
 3    offices,  Senators  and  Representatives   of   the   General
 4    Assembly,  judges  of  the  Supreme,  Appellate,  and Circuit
 5    Courts, and United States  Senators  and  Representatives  of
 6    Congress.   The  preliminary canvass must be conducted in the
 7    same manner as canvasses under Section 22-7.
 8        The results of the preliminary canvass shall be  used  to
 9    determine  whether  or  not a recount must be conducted under
10    Section 22-7.10.
11        If  the  State  Board  determines  that  a   recount   is
12    necessary,  the  original  canvass  of  the  votes may not be
13    considered final until the recount is finished.
14        (b)  Except for a  preliminary  canvass  conducted  under
15    subsection  (a),  each election authority must determine from
16    the results of the canvass of  the  votes  if  a  recount  is
17    necessary  under  Section  22-7.10.  If an election authority
18    determines that a recount is necessary the  original  canvass
19    may not be considered final until the recount is finished.

20        (10 ILCS 5/22-7.10 new)
21        Sec.  22-7.10.  Automatic  recount.   If  the preliminary
22    canvass by the State Board of  Elections  or  canvass  by  an
23    election  authority  shows  that  a candidate has a margin of
24    victory of, or if a referendum is approved by, less  than  1%
25    of  the  votes  cast  for  the  nomination or office that the
26    candidate is seeking, or for the approval of the  referendum,
27    the  votes must be recounted as quickly as possible after the
28    date of the election.  Ballots, voting  machines,  or  ballot
29    cards,  as  the  case may be, must be examined, any automatic
30    tabulating equipment must be tested,  and  ballots,  recorded
31    votes,  or  ballot cards, as the case may be, must be counted
32    in specified precincts within the entire area  in  which  the
33    votes were cast. The recount must include a hand count of all
 
                            -34-              LRB9201078MWcsB
 1    punch  or computer card ballots; provided, however, that only
 2    those computer card ballots that did not register a  vote  on
 3    the  computer  shall  be counted by hand.  The State Board of
 4    Elections must adopt uniform standards for  the  counting  of
 5    ballots  by  hand, including what indications of voter intent
 6    are to be counted and recorded.  The results of  the  recount
 7    shall  be  used to determine the winning candidate or whether
 8    the referendum was approved.
 9        In conducting a recount, any and all  materials  relevant
10    to  the  election  may  be examined.  Candidates for any race
11    being  recounted,  and  proponents  and  opponents   of   any
12    referendum  being recounted, and a reasonable number of their
13    assistants, are entitled to attend the recount and to observe
14    all recount activities.

15        (10 ILCS 5/22-8) (from Ch. 46, par. 22-8)
16        Sec. 22-8. In municipalities operating under Article 6 of
17    this Act, within 48 hours after the election,  the  board  of
18    election  commissioners  must transmit, by facsimile, e-mail,
19    or  other  electronic  means,  a  preliminary   abstract   or
20    statement  of  votes  to  the  State Board of Elections.  The
21    State Board of Elections must conduct a  preliminary  canvass
22    of   the   returns   for   State   Officers,   Senators   and
23    Representatives  of  the  General  Assembly,  judges  of  the
24    Supreme,  Appellate,  and  Circuit  Counts, and United States
25    Senators and Representatives to determine whether  or  not  a
26    recount is needed. Within 48 hours after the election, but in
27    any  case  no  later  than  7  days  after  the close of such
28    election, a judge of the circuit court, with  the  assistance
29    of the city attorney and the board of election commissioners,
30    who  are  hereby  declared  a canvassing board for such city,
31    shall open all returns left respectively, with  the  election
32    commissioners,  the  county  clerk, and city comptroller, and
33    shall make abstracts or  statements  of  the  votes  for  all
 
                            -35-              LRB9201078MWcsB
 1    offices  and  questions  voted  on  at  the  election  in the
 2    following manner, as the case may require, viz: All votes for
 3    Governor and Lieutenant Governor on one sheet; all votes  for
 4    other   State  officers  on  another  sheet;  all  votes  for
 5    presidential electors on another sheet; all votes for  United
 6    States  Senators  and  Representatives to Congress on another
 7    sheet; all votes for judges of the Supreme Court  on  another
 8    sheet; all votes for judges of the Appellate Court on another
 9    sheet;  all  votes for Judges of the Circuit Court on another
10    sheet; all votes for  Senators  and  Representatives  to  the
11    General  Assembly  on  another  sheet;  all votes for State's
12    Attorneys where elected from 2 or more  counties  on  another
13    sheet;  all  votes  for County Officers on another sheet; all
14    votes for City Officers on another sheet; all votes for  Town
15    Officers on another sheet; and all votes for any other office
16    on  a  separate  and  appropriate  sheet;  all  votes for any
17    proposition, which may be submitted to a vote of the  people,
18    on  another  sheet,  and  all  votes against any proposition,
19    submitted to a vote of the people, on another sheet.
20        Multiple  originals  of  each  of  the  sheets  shall  be
21    prepared and one of each shall be immediately turned over  to
22    the  chairman  of the county central committee of each of the
23    then existing established political parties,  as  defined  in
24    Section   10-2,   or   his   duly  authorized  representative
25    immediately after the completion of the entries on the sheets
26    and before the totals have been compiled.
27    (Source: P.A. 77-2626.)

28        (10 ILCS 5/22-9) (from Ch. 46, par. 22-9)
29        Sec. 22-9. It shall be the duty of the election authority
30    such Board of Canvassers to canvass, and add up  and  declare
31    the  result  of  every  election  hereafter  held  within the
32    boundaries  of  such  city,  village  or  incorporated  town,
33    operating under Article 6  of  this  Act,  and  the  election
 
                            -36-              LRB9201078MWcsB
 1    authority  shall  file  judge  of  the  circuit  court  shall
 2    thereupon  enter  of  record  such abstract and result, and a
 3    certified copy of the such record shall  thereupon  be  filed
 4    with  the  County  Clerk of the county; and such abstracts or
 5    results  shall  be  treated,  by  the  County  Clerk  in  all
 6    respects, as if made by  the  election  authority  Canvassing
 7    Board now provided by the foregoing sections of this law, and
 8    he  shall  transmit  the  same,  by facsimile, e-mail, or any
 9    other electronic means, to the State Board of  Elections,  or
10    other  proper  officer,  as  required  hereinabove.  And such
11    abstracts or results so entered and declared by  such  judge,
12    and  a  certified  copy  thereof, shall be treated everywhere
13    within the state, and by all public officers, with  the  same
14    binding  force  and  effect  as  the  abstract  of  votes now
15    authorized by the foregoing provisions of this Act.
16    (Source: P.A. 78-918.)

17        (10 ILCS 5/22-9.1) (from Ch. 46, par. 22-9.1)
18        Sec. 22-9.1.  Within  5  days  after  the  last  day  for
19    proclamation  of the results of any canvass declaring persons
20    nominated, elected or declared eligible for a runoff election
21    for any office or declaring the adoption or  rejection  of  a
22    question  of  public policy, the following persons may file a
23    petition for discovery:
24        (a)  any candidate who, in the entire area in which votes
25    may be cast for the office  for  which  he  is  a  candidate,
26    received  votes equal in number to at least 95% of the number
27    of votes cast for  any  successful  candidate  for  the  same
28    office; and
29        (b)  any  5  electors of the same area within which votes
30    may be cast on a question of public policy, if the results of
31    the canvass are such that the losing  side  on  the  question
32    would  have  been  the  prevailing  side  had  it received an
33    additional number of votes equal to 5% of the total number of
 
                            -37-              LRB9201078MWcsB
 1    votes cast on the question.
 2        A petition under this Section shall  be  filed  with  the
 3    election  authority  for  purposes  of  discovery  only.  The
 4    petition shall  ask that ballots, voting machines, or  ballot
 5    cards  -  as  the  case  may be - shall be examined, that any
 6    automatic tabulating equipment  shall  be  tested,  and  that
 7    ballots, recorded votes, or ballot cards - as the case may be
 8    -  shall be counted in specified precincts, not exceeding 25%
 9    of the total number of precincts within the  jurisdiction  of
10    the  election  authority.   Where  there  are  fewer  than  4
11    precincts  under  the  jurisdiction of the election authority
12    and within the area in which  votes  could  be  cast  in  the
13    election  in  connection  with  which  the  petition has been
14    filed, discovery shall be permitted in one of such precincts.
15        A petition filed under this Section shall be  accompanied
16    by the payment of a fee of $25 $10.00 per precinct specified.
17    All  such  fees  shall be paid by the election authority into
18    the county or city treasury, as the case may be.
19        Upon receipt of such petition the county canvassing board
20    or board of election commissioners shall reconvene.  Where  a
21    local  canvassing  board,  as  provided in Section 22-17, has
22    jurisdiction,  the  election  authority  shall   notify   the
23    chairman  of such board who shall reconvene such board in the
24    office of the election authority or other location designated
25    by the election authority.
26        After 3 days notice in writing to  all  other  candidates
27    the  successful candidate for the same office or, in the case
28    of  a  question  of  public  policy,  such  notice  as   will
29    reasonably inform interested persons of the time and place of
30    the  discovery proceedings, the election authority such board
31    shall examine any and all materials relevant to the  election
32    the  ballots, voting machines, ballot cards, voter affidavits
33    and applications for ballot, test  the  automatic  tabulating
34    equipment,  and count the ballots, recorded votes, and ballot
 
                            -38-              LRB9201078MWcsB
 1    cards in the specified election districts or precincts.    At
 2    the  request  of any candidate entitled to participate in the
 3    discovery proceedings, the election authority shall also make
 4    available for examination the ballot applications  and  voter
 5    affidavits  for  the  specified  precincts.   Each  candidate
 6    affected  by  such examination shall have the right to attend
 7    the same in person or by his representative.  In the case  of
 8    a  question of public policy, the board shall permit an equal
 9    number of acknowledged proponents and acknowledged  opponents
10    to attend the examination.
11        On  completion  of  the  count  of  any  ballots  in each
12    district or precinct, the ballots shall be secured and sealed
13    in the same manner required of judges of election by Sections
14    7-54 and 17-20 of the Election  Code.  The  handling  of  the
15    ballots  in  accord  with  this  Section  shall not of itself
16    affect the admissibility in evidence of the  ballots  in  any
17    other proceedings, either legislative or judicial.
18        The  results  of  the  examination and count shall not be
19    certified, used to amend or change the abstracts of the votes
20    previously completed, used to deny the  successful  candidate
21    for   the  same  office  his  certificate  of  nomination  or
22    election, nor used to change the previously  declared  result
23    of the vote on a question of public policy.  Such count shall
24    not be binding in an election contest brought about under the
25    provisions  of the Election Code, shall not be a prerequisite
26    to bringing such an election contest, shall not  prevent  the
27    bringing of such an election contest, nor shall it affect the
28    results of the canvass previously proclaimed.
29    (Source: P.A. 84-966.)

30        (10 ILCS 5/22-12) (from Ch. 46, par. 22-12)
31        Sec.  22-12. In the canvass of such votes by the election
32    authority canvassing board, provided in section 22-8  hereof,
33    the  election  authority  said  board  shall  declare  who is
 
                            -39-              LRB9201078MWcsB
 1    elected to any city or town office. In the case of a  tie  in
 2    the  election  to  any  city, or to any office voted for only
 3    within the territory of such city, it shall be determined  by
 4    lot,  in  such  manner as such canvassers shall direct, which
 5    candidate or candidates shall hold the office, and  thereupon
 6    the  person in whose favor it shall result, shall be declared
 7    elected by the order entered in the court as aforesaid.
 8    (Source: Laws 1967, p. 3843.)

 9        (10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
10        Sec. 22-15. The election authority county clerk or  board
11    of election commissioners shall, upon request, and by mail if
12    so requested, furnish free of charge to any candidate for any
13    State  office,  including State Senator and Representative in
14    the General Assembly, and  any  candidate  for  congressional
15    office,  whose  name  appeared  upon  the  ballot  within the
16    jurisdiction of the election authority county clerk or  board
17    of election commissioners, a copy of the abstract of votes by
18    precinct  for  all  candidates  for the office for which such
19    person was a candidate. Such abstract shall be  furnished  no
20    later  than 2 days after the receipt of the request or 8 days
21    after the completing of the canvass, whichever is later.
22        Within  48  hours  after  the  election,  each   election
23    authority  must  transmit,  by  facsimile,  e-mail,  or other
24    electronic means, to the principal office of the State  Board
25    of  Elections copies of the preliminary abstracts of votes by
26    precincts for all candidates for State offices, Senators  and
27    Representatives  of  the  General  Assembly,  Judges  of  the
28    Supreme,  Appellate,  and  Circuit  Courts, and United States
29    Senators and Representatives of Congress.
30        Within 10 days following the canvass and proclamation  of
31    each  general  primary  election  and  general election, each
32    election authority shall transmit to the principal office  of
33    the State Board of Elections copies of the abstracts of votes
 
                            -40-              LRB9201078MWcsB
 1    by  precinct  for the above-named offices and for the offices
 2    of ward, township, and precinct committeeman.  Each  election
 3    authority  shall also transmit to the principal office of the
 4    State Board of Elections  copies  of  current  precinct  poll
 5    lists.
 6    (Source: P.A. 83-880.)

 7        (10 ILCS 5/22-17) (from Ch. 46, par. 22-17)
 8        Sec.  22-17.  (a)  Except  as provided in subsection (b),
 9    the canvass of votes cast at the nonpartisan and consolidated
10    election  elections  shall  be  conducted  by  the   election
11    authority within 48 hours after the election, but in any case
12    not  later  than  following  canvassing  boards within 7 days
13    after the close of such elections.:
14             1.  For  city  offices,  by  the  mayor,  the   city
15        attorney and the city clerk.
16             2.  For  village  and  incorporated town offices, by
17        the president of the board of trustees, one member of the
18        board of trustees, and the village or  incorporated  town
19        clerk.
20             3.  For    township   offices,   by   the   township
21        supervisor, the eligible  town  trustee  elected  in  the
22        township  who  has the longest term of continuous service
23        as town trustee, and the township clerk.
24             4.  For  road  district  offices,  by  the   highway
25        commissioner and the road district clerk.
26             5.  For   school   district   or  community  college
27        district offices, by  the  school  or  community  college
28        district board.
29             6.  For  special  district  elected  offices, by the
30        board of the special district.
31             7.  For  multi-county  educational  service   region
32        offices, by the regional board of school trustees.
33             8.  For   township   trustee   of  schools  or  land
 
                            -41-              LRB9201078MWcsB
 1        commissioner, by the township trustees of schools or land
 2        commissioners.
 3             9.  For park district offices, by the  president  of
 4        the   park  board,  one  member  of  the  board  of  park
 5        commissioners and the secretary of the park district.
 6             10.  For multi-township assessment districts, by the
 7        chairman,  clerk,  and  assessor  of  the  multi-township
 8        assessment district.
 9        (b)  The  board  of  election   commissioners   as   city
10    canvassing  board  provided in Section 22-8 shall canvass the
11    votes cast  at  the  nonpartisan  and  consolidated  election
12    elections  for  offices of any political subdivision entirely
13    within the jurisdiction of  a  municipal  board  of  election
14    commissioners.
15        (c)  The  canvass of votes cast upon any public questions
16    submitted to the voters of any political subdivision, or  any
17    precinct  or  combination  of  precincts  within  a political
18    subdivision, at any regular  election  or  at  any  emergency
19    referendum  election,  including votes cast by voters outside
20    of the  political  subdivision  where  the  question  is  for
21    annexation  thereto,  shall be canvassed by the same election
22    authority board provided for in this Section for the  canvass
23    of  votes  of  the  officers  of  such political subdivision.
24    However,  referenda  conducted  throughout   a   county   and
25    referenda of sanitary districts whose officers are elected at
26    general  elections  shall  be  canvassed  by the county clerk
27    county canvassing board.  The votes cast on a public question
28    for  the  formation  of  a  political  subdivision  shall  be
29    canvassed by the relevant election authority and  filed  with
30    the  circuit court that ordered the question submitted, or by
31    such officers of the court  as  may  be  appointed  for  such
32    purpose, except where in the formation or reorganization of a
33    school  district  or districts the regional superintendent of
34    schools is designated by law as the canvassing official.
 
                            -42-              LRB9201078MWcsB
 1        (d)  The  canvass  of  votes  for  offices  of  political
 2    subdivisions cast at special elections to fill vacancies held
 3    on the day of any regular election shall be conducted by  the
 4    election authority that canvassing board which is responsible
 5    for  canvassing the votes at the regularly scheduled election
 6    for such office.
 7    (Source: P.A. 87-738; 87-1052.)

 8        (10 ILCS 5/22-18) (from Ch. 46, par. 22-18)
 9        Sec. 22-18. The canvass of votes and the proclamation  of
10    results  by  the  election  authority local canvassing boards
11    provided in Section 22-17 shall be  conducted  in  accordance
12    with  the  procedures  and requirements otherwise provided in
13    this Article. Each local canvassing board  shall  immediately
14    transmit A signed copy or original duplicate of its completed
15    abstract  of  votes  must  be  transmitted  to  each election
16    authority having jurisdiction over any of  the  territory  of
17    the  respective  political  subdivision,  and transmitted, by
18    facsimile, e-mail, or any  other  electronic  means,  to  the
19    State  Board  of  Elections in the same manner as provided in
20    Section 22-5.
21        The county clerk shall make out a certificate of election
22    to each person declared elected to an office by the  election
23    authorities  such  local canvassing boards, and transmit such
24    certificate to the person so entitled, upon his  application.
25    For  political subdivisions whose territory extends into more
26    than one county, the certificates of election shall be issued
27    by  the  county  clerk  of  the  county  which  contains  the
28    principal office of the political subdivision.
29        Whenever  an  election  authority  a   canvassing   board
30    canvasses  the votes cast upon a public question submitted to
31    referendum pursuant to a court order, the election  authority
32    board shall immediately transmit a signed copy or an original
33    duplicate of its completed abstract of the votes to the court
 
                            -43-              LRB9201078MWcsB
 1    which ordered the referendum.
 2    (Source: P.A. 81-1050.)

 3        (10 ILCS 5/23-1.8a) (from Ch. 46, par. 23-1.8a)
 4        Sec.  23-1.8a.  Election contest - Statewide - Procedures
 5    for recount and initial hearing.  In all cases for which  the
 6    Supreme  Court finds it appropriate that there be conducted a
 7    recount or partial recount of ballots cast  in  any  election
 8    jurisdiction,  or  a  hearing  regarding  the  conduct of the
 9    election within  any election jurisdiction, the Supreme Court
10    shall, in consultation with the Chief Judge of  the  Judicial
11    Circuit  in which each such election jurisdiction is located,
12    assign a Circuit Judge of that Judicial  circuit  to  preside
13    over  the  recount  or  hearing.   If  more than one election
14    jurisdiction within a single Judicial circuit is  subject  to
15    recount  or hearing, the Supreme Court may assign a different
16    Circuit Judge to preside over the recount or hearing for each
17    such election jurisdiction.  The  State  Board  of  Elections
18    must be appointed to conduct any necessary recount of ballots
19    or  votes  conducted under the direction of the Supreme Court
20    or the the Circuit Judge.
21        Each Circuit Judge appointed  pursuant  to  this  Section
22    shall  supervise  the examination of the records or equipment
23    of the election authority whose jurisdiction  is  subject  to
24    the  recount  or hearing, and shall take evidence in the same
25    manner and upon like notice as in other civil cases.  At  the
26    conclusion of the recount or hearing, the Circuit Judge shall
27    make  a  recommendation  as to the assessment of the costs of
28    any examination of records  and  equipment  of  the  election
29    authority  against  the  party  requesting  the  examination;
30    provided  that  such  recommendation  shall  not call for the
31    assessment of more than  $50  per  precinct.   If  one  party
32    requests  the  right  to examine some but not all records and
33    equipment in one precinct  and  another  party  requests  the
 
                            -44-              LRB9201078MWcsB
 1    right  to  examine  other  records  or  equipment in the same
 2    precinct, the Circuit Judge shall  recommend  an  appropriate
 3    apportionment  of  the costs between the parties.  During any
 4    recount or hearing presided over by a Circuit Judge,  or  the
 5    State  Board  of  Elections,  pursuant  to  this  Section the
 6    Supreme Court shall retain jurisdiction over the contest, and
 7    may issue procedural orders or interim rulings regarding  the
 8    recount or hearing, either upon motion of a party or upon its
 9    own motion.
10    (Source: P.A. 86-873.)

11        (10 ILCS 5/23-1.9a) (from Ch. 46, par. 23-1.9a)
12        Sec. 23-1.9a.  Election contest - Statewide - Recommended
13    findings  of State Board of Elections or Circuit Judge.  Each
14    recount or hearing  presided  over  by  the  State  Board  of
15    Elections  or a Circuit Judge pursuant to Section 23-1.8a and
16    23-1.8b shall be concluded as  soon  as  possible  after  the
17    election  ,  as to a general election, on or before the 150th
18    day after the election, and, as to a primary election, on  or
19    before  the 87th day after the election, by the State Board's
20    or Circuit Judge's issuance of written  Recommended  Findings
21    of   Fact  on  all  disputed  issues,  including  a  proposed
22    statement of the correct tally of  votes  for  the  contested
23    election  in  each  election  jurisdiction  in  question. The
24    Recommended Findings of Fact shall be  forwarded  immediately
25    to the Supreme Court.
26    (Source: P.A. 86-873.)

27        (10 ILCS 5/23-1.10a) (from Ch. 46, par. 23-1.10a)
28        Sec.  23-1.10a.   Election  contest  -  Statewide - Final
29    Decision by Supreme Court.  Within 15 days of the issuance of
30    Recommended Findings of Fact by the State Board of  Elections
31    or  a  Circuit  Judge,  any party may serve and file with the
32    Clerk  of  the  Supreme  Court  written  objections  to   the
 
                            -45-              LRB9201078MWcsB
 1    Recommended  Findings.   Subsequent  to  the  time  that  all
 2    challenges to Recommended Findings of Fact by the State Board
 3    of Elections or a Circuit Judge are required to be filed, the
 4    Supreme  Court  shall determine the contest, either annulling
 5    the contested  election  or  declaring  the  correct  results
 6    thereof.   The Supreme Court may make a de novo determination
 7    of those  portions  of  the  Recommended  Findings  to  which
 8    objection  is made.  The Supreme Court may accept, reject, or
 9    modify, in whole or in part, any of the findings  recommended
10    by  the  State Board of Elections or a Circuit Judge, and may
11    hear witnesses and examine physical evidence to the extent it
12    deems necessary for such determination.
13    (Source: P.A. 86-873.)

14        (10 ILCS 5/22-1.2 rep.)
15        (10 ILCS 5/22-14 rep.)
16        Section 10. The Election Code  is  amended  by  repealing
17    Sections 22-1.2 and 22-14.

18        Section  15.  The Revised Cities and Villages Act of 1941
19    is amended by changing Section 21-17 as follows:

20        (65 ILCS 20/21-27) (from Ch. 24, par. 21-27)
21        Sec.  21-27.   Election  contest-Complaint. Any candidate
22    whose name appears on the ballots used in  any  ward  of  the
23    city  at  any election for alderman, may contest the election
24    of the candidate who appears to be elected from such ward  on
25    the  face  of  the  returns,  or may contest the right of the
26    candidates who appear to have received the highest and second
27    highest number of votes to places on the official  ballot  at
28    any  supplementary  election  in accordance with the Election
29    Code, by filing within 5 days after such  election  with  the
30    Clerk  of  the  Circuit  Court of Cook County, a complaint in
31    writing,  verified  by  the  candidate  making  the  contest,
 
                            -46-              LRB9201078MWcsB
 1    setting forth the grounds of the contest. The  contestant  in
 2    each  contest shall also serve notice on all persons who were
 3    candidates for alderman of such ward at the election,  within
 4    such  5  days, informing them that such complaint has been or
 5    will be filed. The Circuit Court of Cook  County  shall  have
 6    jurisdiction   to   hear  and  determine  such  contest.  All
 7    proceedings in relation to such contest after the  filing  of
 8    such  complaint  shall  be  the  same,  as near as may be, as
 9    provided for in the case of a contest at a  primary  election
10    in  such  city.  In  case  the  court  shall  decide that the
11    complaint is insufficient in law, or that the  candidate  who
12    appears  to  have  been elected on the face of the return has
13    been duly elected, the complaint shall be  dismissed.  If  it
14    shall  appear  to the satisfaction of the court that the face
15    of the returns are not correct, and that  the  candidate  who
16    appears thereby to have been elected was not in fact elected,
17    then  the  candidates  having  the highest and second highest
18    number of votes  as  determined  by  such  contest  shall  be
19    candidates   at  the  subsequent  supplementary  election  as
20    provided for in section 21-26.
21    (Source: P.A. 83-334.)
 
                            -47-              LRB9201078MWcsB
 1                                INDEX
 2               Statutes amended in order of appearance
 3    10 ILCS 5/1-8 new
 4    10 ILCS 5/6-9             from Ch. 46, par. 6-9
 5    10 ILCS 5/6-11            from Ch. 46, par. 6-11
 6    10 ILCS 5/6-74            from Ch. 46, par. 6-74
 7    10 ILCS 5/7-56            from Ch. 46, par. 7-56
 8    10 ILCS 5/7-58            from Ch. 46, par. 7-58
 9    10 ILCS 5/7-59            from Ch. 46, par. 7-59
10    10 ILCS 5/7-60            from Ch. 46, par. 7-60
11    10 ILCS 5/7-60.1          from Ch. 46, par. 7-60.1
12    10 ILCS 5/7-63            from Ch. 46, par. 7-63
13    10 ILCS 5/10-9            from Ch. 46, par. 10-9
14    10 ILCS 5/10-10           from Ch. 46, par. 10-10
15    10 ILCS 5/21-2            from Ch. 46, par. 21-2
16    10 ILCS 5/22-1            from Ch. 46, par. 22-1
17    10 ILCS 5/22-7.5 new
18    10 ILCS 5/22-7.10 new
19    10 ILCS 5/22-8            from Ch. 46, par. 22-8
20    10 ILCS 5/22-9            from Ch. 46, par. 22-9
21    10 ILCS 5/22-9.1          from Ch. 46, par. 22-9.1
22    10 ILCS 5/22-12           from Ch. 46, par. 22-12
23    10 ILCS 5/22-15           from Ch. 46, par. 22-15
24    10 ILCS 5/22-17           from Ch. 46, par. 22-17
25    10 ILCS 5/22-18           from Ch. 46, par. 22-18
26    10 ILCS 5/23-1.8a         from Ch. 46, par. 23-1.8a
27    10 ILCS 5/23-1.9a         from Ch. 46, par. 23-1.9a
28    10 ILCS 5/23-1.10a        from Ch. 46, par. 23-1.10a
29    10 ILCS 5/22-1.2 rep.
30    10 ILCS 5/22-14 rep.
31    65 ILCS 20/21-27          from Ch. 24, par. 21-27

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