10 ILCS 5/7-63
2021 Illinois Compiled Statutes|Chapter 10 - ELECTIONS|10 ILCS 5/ - Election Code.|Article 7 - The Making Of Nominations By Political Parties

 (from Ch. 46, par. 7-63)Sec. 7-63. Any candidate whose name appears upon the primary ballot of any  political party may contest the election of the candidate or candidates  nominated for the office for which he or she was a candidate by his or her  political party, upon the face of the returns, by filing with the clerk of the  circuit court a petition in writing, setting forth the grounds of  contest, which petition shall be verified by the affidavit of the  petitioner or other person, and which petition shall be filed within 10  days after the completion of the canvass of the returns by the election authority making the final canvass of returns. The contestant  shall also file with that election authority (and if for the nomination  for an office, certified tabulated statements of the returns of which  are to be filed with the State Board of Elections, also with the election  authorities  in  whose  jurisdiction  the  election  was  held), a notice of the pendency of the contest.If the contest relates to an office involving more than one county,  the venue of the contest is (a) in the county in which the alleged  grounds of the contest exist or (b) if grounds for the contest are  alleged to exist in more than one county, then in any of those counties  or in the county in which any defendant resides.Authority and jurisdiction are hereby vested in the circuit  court, to hear and determine primary contests. When a  petition to contest a primary is filed in the office of the clerk  of the court, the petition shall forthwith be presented to a judge  thereof, who shall note thereon the date of presentation, and shall note  thereon the day when the petition will be heard,  which shall not be more than 10 days thereafter.Summons shall forthwith issue to each defendant named in the petition  and shall be served for the same manner as is provided for other civil  cases. Summons may be issued and served in any county in the State. The  case may be heard and determined by the circuit court at any time not  less than 5 days after service of process, and shall have preference in  the order of hearing to all other cases. The petitioner shall give  security for all costs.Any defendant may file a counterclaim in the same manner as in  other  civil  cases.The court shall  ascertain and declare by a judgment to be entered of record, the result  of such election. The judgment of the court shall be  appealable as in other civil cases. A certified copy of the judgment  shall forthwith be made by the clerk of the court and transmitted to the  election authority canvassing the returns for such office, and in case of contest, if  for nomination for an office, tabulated statements of returns for which  are filed with the State Board of Elections, also in the office of the election  authorities  having  jurisdiction. The proper election   authority   or   authorities, as the case may be, shall correct the returns or the tabulated  statement of returns in accordance with the judgment.       (Source: P.A. 94-647, eff. 1-1-06.)