55 ILCS 5/1-5008
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 1 - General Provisions

 (from Ch. 34, par. 1-5008)Sec. 1-5008.     Notice of filing petition; hearing.     Whenever such  petition or petitions and affidavit named in Section 1-5004 shall be filed  in the office of the clerk of the circuit court of such county, it shall be  the duty of the clerk, within 10 days from the date of the filing of said  petition or petitions and affidavit in his office, to cause to be published  in one or more newspapers published in such county, and if no newspaper  shall be published in said county, then in the newspaper published nearest  to the county seat of said county, a notice that such petition or petitions  and affidavit have been filed in his said office, stating the time when  they were so filed, and setting forth therein the substance of such  petition or petitions and affidavit, and giving notice that on the first  day of September following said court will hear testimony for and against  said petitions, as to the list or lists of names on such petition, as may  be filed in his office under and in compliance with Section 1-5007, and for  or against such affidavit if the same has been traversed as provided in  Section 1-5004. It shall be the duty of said court, on the first day of  September and at such times in said month as it may direct to hear all  evidence for and against said petition or petitions, as to the list or  lists of names, filed in said court under Section 1-5007, and to strike  from such petition or petitions all such names proven by competent evidence  to be fictitious, or the names of persons having no legal right to sign the  same under this Division; and in case there shall be but one petition and  no contest as to the same, or if there shall be a contest as to the same,  and said petition shall after striking therefrom all fictitious and illegal  names, still contain the number of names of legal voters required by  Section 1-5004, the court shall order said election, according to the  prayer of said petition. But in case there shall be two petitions filed in  said court, praying for a vote to remove the county seat of such county to  different points in said county, each, after striking therefrom all illegal  and fictitious names, still being signed by two-fifths of the legal voters  of the county, as required by Section 1-5004, then if a petition praying  for a vote to remove the county seat nearer to the geographical center of  the county than the point named in the other petition shall be signed by a  number of names equal to or greater than one-half of the sum of the names  signed to the two petitions, the said court shall order the election for  the removal of the county seat to that point nearest to the geographical  center of the county, according to the prayer of said petition; but if the  other of said two petitions shall be signed by a number of legal voters of  said county equal to three-fifths of the sum of the names signed to the two  petitions, then the court shall order the election for the removal of the  county seat of such county to said last mentioned point, and not otherwise.  In case of a contest as to said petition or petitions, as provided for in  this Division it shall be the duty of the clerk of said court, on the  request of the person contesting any petition under the provisions of this  Division, to issue subpoenas for such witnesses as said person shall name;  and it shall be the duty of said clerk, on request of any legal voter of  the county, for the purpose of sustaining any petition, in like manner to  issue subpoenas for such witnesses as he shall name -- said subpoenas to be  made returnable on the date upon which such contest will be made.    (Source: P.A. 86-962.)