Chapter 10, ELECTIONS

(10 ILCS 5/23-1.9a) (from Ch. 46, par. 23-1.9a) Sec. 23-1.9a. Election contest - Statewide - Recommended findings of Circuit Judge. Each recount or hearing presided over by a Circuit Judge pursuant to Section 23-1.8a and 23-1.8b shall be concluded, as to a general election, on or…

(10 ILCS 5/23-12) (from Ch. 46, par. 23-12) Sec. 23-12. The election of any member declared duly elected to a seat in the senate or house of representatives of the General Assembly, may be contested by any qualified voter of the district to be represented by such senator or repre…

(10 ILCS 5/23-13) (from Ch. 46, par. 23-13) Sec. 23-13. The contestant shall, within 30 days after the proclamation of the result of the canvass of the State electoral board as provided in Section 22-7, serve a notice of his intention to contest such election, expressing the poin…

(10 ILCS 5/23-14) (from Ch. 46, par. 23-14) Sec. 23-14. Whenever a notice shall have been given of intention to contest an election, as provided in the preceding section, either party may proceed to take testimony of any witness before any judge, clerk of a court, or notary publi…

(10 ILCS 5/23-15) (from Ch. 46, par. 23-15) Sec. 23-15. The officer before whom depositions are taken shall have power to compel the production of papers, and the attendance of witnesses; and the same proceedings may be had to compel the attendance of witnesses, as are provided i…

(10 ILCS 5/23-15.1) Sec. 23-15.1. Production of ballot counting code and attendance of witnesses. All voting-system vendors shall, within 90 days after the adoption of rules or upon application for voting-system approval, place in escrow all computer code for its voting system wi…

(10 ILCS 5/23-16) (from Ch. 46, par. 23-16) Sec. 23-16. A copy of the notice to take depositions, with proof of the service thereof, with the deposition, shall be sealed up and transmitted by mail, or otherwise, to the State Board of Elections, with an indorsement thereon, showin…

(10 ILCS 5/23-17) (from Ch. 46, par. 23-17) Sec. 23-17. The State Board of Elections shall deliver the copy of the notice deposited with him by the contestant, and the depositions unopened, to the presiding officer of the branch of the General Assembly to which the contest relate…

(10 ILCS 5/23-18) (from Ch. 46, par. 23-18) Sec. 23-18. Nothing herein contained shall be construed to abridge the right of either branch of the General Assembly to grant commissions to take depositions, or to send for and examine any witnesses it may desire to hear on such trial…

(10 ILCS 5/23-19) (from Ch. 46, par. 23-19) Sec. 23-19. The election of any person declared elected to any office other than Governor, Lieutenant-Governor, Secretary of State, State Comptroller, Treasurer, Attorney General, Senator or Representative, may be contested by any elect…

(10 ILCS 5/23-2) (from Ch. 46, par. 23-2) Sec. 23-2. The senate and house of representatives shall severally hear and determine contests of the election of their respective members. (Source: Laws 1943, vol. 2, p. 1.)

(10 ILCS 5/23-20) (from Ch. 46, par. 23-20) Sec. 23-20. The person desiring to contest such election shall, within thirty (30) days after the person whose election is contested is declared elected, file with the clerk of the proper court a petition, in writing, setting forth the …

(10 ILCS 5/23-21) (from Ch. 46, par. 23-21) Sec. 23-21. Upon the filing of such statement, summons shall issue against the person whose office is contested, and he may be served with process, or notified to appear, in the same manner as is provided in other civil cases. (Source: …

(10 ILCS 5/23-22) (from Ch. 46, par. 23-22) Sec. 23-22. Evidence may be taken in the same manner and upon like notice as in other civil cases. (Source: Laws 1943, vol. 2, p. 1.)

(10 ILCS 5/23-23) (from Ch. 46, par. 23-23) Sec. 23-23. The case shall be tried in like manner as other civil cases, and may be heard and determined by the court at any time not less than 10 days after service of process, or at any time after the defendant is required by notifica…

(10 ILCS 5/23-23.1) (from Ch. 46, par. 23-23.1) Sec. 23-23.1. No election contest shall abate on account of the death of any contestee in such contest. Upon the suggestion of the death of any contestee by the contestant at any time before final judgment, within five days thereaft…

(10 ILCS 5/23-23.2) (from Ch. 46, par. 23-23.2) Sec. 23-23.2. A court hearing an election contest pursuant to this Article or any other provision of the law shall grant a petition for a recount properly filed where, based on the facts alleged in such petition, there appears a rea…

(10 ILCS 5/23-24) (from Ch. 46, par. 23-24) Sec. 23-24. In the case of all constitutional amendments or other questions of public policy submitted to the voters of this State, and of all questions of public policy submitted to the voters of any political subdivision or district, …

(10 ILCS 5/23-25) (from Ch. 46, par. 23-25) Sec. 23-25. In case of any contest under section 23-24 of this Act, the court shall allow any one or more electors of the State or political subdivision to appear and intervene in such proceedings for the purpose of participating in the…

(10 ILCS 5/23-26) (from Ch. 46, par. 23-26) Sec. 23-26. The judgment of the court in cases of contested election, shall confirm or annul the election according to the right of the matter; or, in case the contest is in relation to the election of some person to an office, shall de…

(10 ILCS 5/23-27) (from Ch. 46, par. 23-27) Sec. 23-27. If it appears that two or more persons have, or would have had if the legal ballots cast or intended to be cast for them had been counted, the highest and an equal number of votes for the same office, the persons receiving s…

(10 ILCS 5/23-28) (from Ch. 46, par. 23-28) Sec. 23-28. A certified copy of the judgment of the court shall have the same effect as to the result of the election as if it had been so declared by the canvassers. (Source: Laws 1943, vol. 2, p. 1.)

(10 ILCS 5/23-29) (from Ch. 46, par. 23-29) Sec. 23-29. When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person rece…

(10 ILCS 5/23-3) (from Ch. 46, par. 23-3) Sec. 23-3. The circuit court shall hear and determine contests of the election of judges of the Supreme Court, judges of the appellate court, clerk of the Supreme Court, and judges of the circuit court, but no judge of the circuit court s…

(10 ILCS 5/23-30) (from Ch. 46, par. 23-30) Sec. 23-30. In all cases of contested elections in the circuit courts, appeals may be taken in the same manner, and upon like conditions as is provided by law for taking appeals in other civil cases. (Source: Laws 1965, p. 3493.)

(10 ILCS 5/23-4) (from Ch. 46, par. 23-4) Sec. 23-4. The circuit courts in the respective counties may hear and determine contests of the election of mayors of cities, presidents of county boards, presidents of villages, in reference to the removal of county seats and in referenc…

(10 ILCS 5/23-5) (from Ch. 46, par. 23-5) Sec. 23-5. The circuit court shall hear and determine contests of election of all other county, township and precinct officers, and all other officers for the contesting of whose election no provision is made. (Source: Laws 1965, p. 3493.…

(10 ILCS 5/23-50) Sec. 23-50. Definition of a vote. For the purpose of any recount of votes under this Code, a vote is defined as provided in Sections 7-100, 17-100, 18-100, 24A-22, 24B-9.1, or 24C-10, depending upon the type of voting equipment or system used to cast the vote. (…

(10 ILCS 5/23-6.1) (from Ch. 46, par. 23-6.1) Sec. 23-6.1. Whenever an election contest for a municipal trustee or alderperson is brought involving ballots from the same precincts which are subject to the jurisdiction of the circuit court by virtue of the pendency of an election …

(10 ILCS 5/24-1) (from Ch. 46, par. 24-1) Sec. 24-1. The election authority in all jurisdictions when voting machines are used shall, except as otherwise provided in this Code, provide a voting machine or voting machines for any or all of the election precincts or election distri…

(10 ILCS 5/24-1.1) (from Ch. 46, par. 24-1.1) Sec. 24-1.1. The county board of each county having a population of 35,000 or more, with respect to all elections for which the county board or the county clerk is charged with the duty of providing materials and supplies, and each bo…

(10 ILCS 5/24-1.2) (from Ch. 46, par. 24-1.2) Sec. 24-1.2. Paper ballots may be used for the conduct of the consolidated election in odd-numbered years, the special municipal primary in even-numbered years, and emergency referenda held at any time, except in regular elections in …

(10 ILCS 5/24-10) (from Ch. 46, par. 24-10) Sec. 24-10. For the instruction of the voters on election day, there shall be provided for each polling place, one mechanically operated instruction model for each machine, showing a portion of the face of the voting machine. Each such …

(10 ILCS 5/24-11) (from Ch. 46, par. 24-11) Sec. 24-11. That portion of cardboard, paper or other material, placed on the front of the machine and containing the names of the candidates shall be known in this Article as a ballot label. The ballot labels shall be supplied by the e…

(10 ILCS 5/24-12) (from Ch. 46, par. 24-12) Sec. 24-12. The election authority shall provide at least 4 facsimile diagrams which shall be arranged in the form of a diagram showing the entire front of the voting machine as it will appear after the official ballot labels are arrang…

(10 ILCS 5/24-13) (from Ch. 46, par. 24-13) Sec. 24-13. Four sets of ballot labels for use in each voting machine shall be provided for each polling place for each election by the election authority. There shall also be furnished all other necessary materials or supplies for the …

(10 ILCS 5/24-14) (from Ch. 46, par. 24-14) Sec. 24-14. Ballots voted for any person whose name does not appear on the ballot label on the machine as a candidate for office are herein referred to as irregular ballots. Such irregular ballot shall be deposited, written or affixed i…

(10 ILCS 5/24-15) (from Ch. 46, par. 24-15) Sec. 24-15. As soon as the polls are closed, the voting machine or machines shall be locked in order to prevent further voting and each machine shall be sealed against voting and tampering, with a numbered metal seal, and the number of …

(10 ILCS 5/24-16) (from Ch. 46, par. 24-16) Sec. 24-16. The precinct election officers shall then ascertain the number of votes which the candidates received both on the machine or machines, and by the voting of irregular ballots, if any. Except when the machine is equipped with …

(10 ILCS 5/24-17) (from Ch. 46, par. 24-17) Sec. 24-17. All of the keys of the machine or machines other than those automatically sealed in the machine, shall be placed in the envelopes provided for that purpose, and the envelopes shall be sealed and the envelopes shall designate…

(10 ILCS 5/24-18) (from Ch. 46, par. 24-18) Sec. 24-18. A voting machine which passes all of the qualities required by this Article may be supplied, in addition, with any recording or photographic device on which the votes registered on the mechanical counters will be separately …

(10 ILCS 5/24-19) (from Ch. 46, par. 24-19) Sec. 24-19. No person not an election officer or other public official shall tamper or attempt to tamper with such voting machine or voting machines, or in any way intentionally impair or attempt to impair its use, or attempt any dishon…

(10 ILCS 5/24-2) (from Ch. 46, par. 24-2) Sec. 24-2. The voting machine or machines to be used, adopted, purchased as herein provided must be so constructed as to meet all requirements specified in this Article. (Source: Laws 1943, vol. 2, p. 1.)

(10 ILCS 5/24-20) (from Ch. 46, par. 24-20) Sec. 24-20. No judge of an election or inspector, or any custodian or other public official authorized to take part in the holding of an election or in preparing for an election, shall, with intent to cause or permit any voting machine …

(10 ILCS 5/24-22) (from Ch. 46, par. 24-22) Sec. 24-22. All the provisions of this Act, not inconsistent with this Article, shall apply to all the elections in the precincts where such voting machines are used. Any provisions of law which conflict with the use of such machine or …

(10 ILCS 5/24-23) (from Ch. 46, par. 24-23) Sec. 24-23. If any section, paragraph, sentence, or clause of this Article is for any reason held invalid or to be unconstitutional, such decision shall not affect the remaining portion of this Article, or any section or part thereof; i…

(10 ILCS 5/24-3) (from Ch. 46, par. 24-3) Sec. 24-3. The State Board of Elections shall appoint 2 mechanical experts to examine voting machines. No member of the board nor their appointees shall have any interest in any voting machine. Any person or corporation owning or being in…

(10 ILCS 5/24-4) (from Ch. 46, par. 24-4) Sec. 24-4. The election authorities may provide for the experimental use, at any election or elections, in one or more election precincts, of a machine or machines which it might lawfully adopt, without a formal adoption thereof, and thei…

(10 ILCS 5/24-5) (from Ch. 46, par. 24-5) Sec. 24-5. The local authorities may for the purpose of paying for such voting machines issue bonds, certificates of indebtedness, or other obligations, which shall be a charge on the city, village, incorporated town, county or other gove…

(10 ILCS 5/24-6) (from Ch. 46, par. 24-6) Sec. 24-6. For any election in which voting machines are to be used, the election precincts in which such voting machines are to be used may be created or consolidated into one area by the election authority so as to contain as near as ma…