2023 Illinois Compiled Statutes › Chapter 10 - ELECTIONS › 10 ILCS 5/ - Election Code. › Article 23 - Contesting Elections

(10 ILCS 5/Art. 23 heading)
ARTICLE 23.  
		CONTESTING ELECTIONS
(10 ILCS 5/23-1.1a) (from Ch. 46, par. 23-1.1a)
Sec. 23-1.1a. 
		Election contest - Statewide - Jurisdiction. 
		The Supreme
Court shall have jurisdiction over contests of the results of any election,
including a primary, for an elected officer provided for in Article V of
the Constitution, and shall
retain jurisdiction throughout the course of such election contests.
(Source: P.A. 89-5, eff. 1-1-96.)
(10 ILCS 5/23-1.2a) (from Ch. 46, par. 23-1.2a)
Sec. 23-1.2a. 
		
		Election contest - Statewide offices - Who may
contest - Time and place for filing - Fee.  The results of an election,
including a primary, for an elected executive officer provided for in
Article V of the Constitution
may be challenged (1) by any candidate whose
name was on the ballot for that office, (2) by any person who filed a
declaration of intent to be a write-in candidate for that office, or (3)
by any person who voted in that election, provided that such person's
challenge is supported by a verified petition signed by persons who voted
in the election in a number no less than the largest number of signatures
required to nominate a person to be a candidate of any political party
which nominated a candidate for the office being contested.
Any person, including a candidate, qualified pursuant to this Section and
desiring to contest the results of an election for such an office shall,
within 15 days of the date of the official proclamation of results of such
election, file a Petition of State Election Contest with the clerk of the
Supreme Court together with a filing fee in the amount of $10,000.
(Source: P.A. 89-5, eff. 1-1-96.)
(10 ILCS 5/23-1.3a) (from Ch. 46, par. 23-1.3a)
Sec. 23-1.3a. 
		Election contest - Statewide - Petition - Contents. 
		A
Petition of State Election Contest shall be signed and verified by each
person contesting the results of the election and shall contain:
(a) The name of each candidate who received at least 1% of the votes
cast for the office contested and the residence address of each such
candidate as shown in the Statement of Candidacy of each candidate or, in
the case of a write-in candidate, such candidate's residence address as
determined by a diligent search;
(b) The results of the contested election as certified in the official
proclamation;
(c) A statement that the Petitioner cast a ballot in the election
contested, was a candidate whose name was on the ballot for the office
which is the subject of the election contest, or filed a declaration of
intent to be a write-in candidate for the office which is the subject of
the election contest;
(d) A statement that each petitioner believes (i) mistake or fraud has
been committed in the casting, counting or return or canvass of the votes
for the office involved or (ii) there was some other irregularity in the
conduct of the contested election, or both;
(e) A statement declaring with particularity the specific precincts in
which the mistake, fraud or irregularity relied upon by the Petitioner is
believed to have occurred;
(f) The names and addresses of each election authority in whose
jurisdiction the election was held, clearly indicating which election
authorities had jurisdiction over the precincts in which each alleged
mistake, fraud or irregularity occurred;
(g) A statement declaring that, as a consequence of the mistake, fraud
or irregularity alleged, the result of the election, as officially
proclaimed, was incorrect; and
(h) A statement declaring the Petitioner's belief as to which candidate
did receive the highest number of votes.
(Source: P.A. 86-873.)
(10 ILCS 5/23-1.4a) (from Ch. 46, par. 23-1.4a)
Sec. 23-1.4a. 
		Election contest - Statewide - Notice to parties. 
		Upon
receipt of a properly executed Petition of State Election Contest and the
filing fee, the Clerk of the Supreme Court shall within 48 hours (a)
mail, by certified first class mail, return receipt requested, a copy of
the Petition to each candidate and each election authority listed in the
Petition at their addresses shown therein and to the State Board of
Elections, and (b) notify the Chief Justice of the Supreme Court that a
Petition of State Election Contest has been filed.
(Source: P.A. 86-873.)
(10 ILCS 5/23-1.5a) (from Ch. 46, par. 23-1.5a)
Sec. 23-1.5a. 
		
		Election contest - Statewide - Appearances and responsive
pleadings - Time.  Within 20 days of the filing of a Petition of State
Election Contest, each candidate in the election contested may become a
party to the contest proceeding by entering his or her written appearance
or otherwise filing written pleadings in response to the Petition of State
Election Contest with the Clerk of the Supreme Court.  The responsive
pleadings may include a motion to dismiss, challenging the sufficiency of
the Petition of State Election contest or any part thereof.  Any candidate
who does not so enter his or her appearance shall not be entitled to
further notice of the contest proceeding nor be permitted to take part in
the proceeding on his or her own behalf.  Failure to file an appearance,
however, shall not affect a candidate's right to office if he or she is
determined to have received the highest number of votes.
(Source: P.A. 86-873.)
(10 ILCS 5/23-1.6a) (from Ch. 46, par. 23-1.6a)
Sec. 23-1.6a. 
		
		Election contest - Statewide - Examination of
records - Procedure.  If a petitioner in any election contest desires to
examine records and equipment under the control of an election authority,
he or she shall file with the Clerk of the Supreme Court a Request for
Record Examination within 30 days of the date of the filing of the Petition
and shall serve copies thereof on all parties to the contest and upon all
election authorities having jurisdiction over the precincts in which votes
were cast in the contested election.  Within 5 days of receipt of such a
Request, or between the 31st and 36th day after a petition is filed if no
such Request is received, any other party to the election contest may file
with the Clerk of the Supreme Court a request for Record Examination
indicating the records and equipment not previously requested by the
petitioner which such party desires to examine, serving a copy thereof upon
all parties to the contest and upon all election authorities having
jurisdiction over the precincts in which votes were cast in the contested
election.  Any party who fails to timely file a Request for Record
Examination shall thereafter be barred from filing such a Request.  A
Request for Record Examination shall clearly set forth by precincts the
records and equipment which the person filing the Request desires to
examine and shall not be altered or amended after filing.  Each Request for
Record Examination shall be accompanied by a bond, with adequate surety, in
an amount equal to $50 per precinct listed, or $75,000, whichever is less,
to secure the payment by the party submitting the Request, of any
assessment of the costs of the examination ordered by the Supreme Court.
(Source: P.A. 86-873.)
(10 ILCS 5/23-1.7a) (from Ch. 46, par. 23-1.7a)
Sec. 23-1.7a. 
		
		Election contest - Statewide - Initial procedures and
rules.  Subsequent to the time that all candidates in the election contest
have appeared or are required to appear, and all Requests for Records
Examination are required to be filed, the Chief Justice of the Supreme
Court shall call the Supreme Court into session to consider the Petition of
State Election Contest and any responsive pleadings, together with any
Requests for Record Examination, receiving such briefs and argument as the
Court shall deem appropriate.  Thereafter, the Supreme Court shall:
(a) Determine the sufficiency of the Petition, and shall dismiss the
Petition or any part of it if found insufficient;
(b) Issue rulings on any issues as to which there are no material facts
in dispute;
(c) Identify those election jurisdictions, if any, for which a recount
or hearing is appropriate; and
(d) In its discretion, establish rules of procedure for the
determination of disputed facts.
(Source: P.A. 86-873.)
(10 ILCS 5/23-1.8a) (from Ch. 46, par. 23-1.8a)
Sec. 23-1.8a. 
		
		Election contest - Statewide - Procedures for recount and
initial hearing.  In all cases for which the Supreme Court finds it
appropriate that there be conducted a recount or partial recount of ballots
cast in any election jurisdiction, or a hearing regarding the conduct of
the election within  any election jurisdiction, the Supreme Court shall, in
consultation with the Chief Judge of the Judicial Circuit in which each
such election jurisdiction is located, assign a Circuit Judge of that
Judicial circuit to preside over the recount or hearing.  If more than one
election jurisdiction within a single Judicial circuit is subject to
recount or hearing, the Supreme Court may assign a different Circuit Judge
to preside over the recount or hearing for each such election jurisdiction.
Each Circuit Judge appointed pursuant to this Section shall supervise the
examination of the records or equipment of the election authority whose
jurisdiction is subject to the recount or hearing, and shall take evidence
in the same manner and upon like notice as in other civil cases.  At the
conclusion of the recount or hearing, the Circuit Judge shall make a
recommendation as to the assessment of the costs of any examination of
records and equipment of the election authority against the party
requesting the examination; provided that such recommendation shall not
call for the assessment of more than $50 per precinct.  If one party
requests the right to examine some but not all records and equipment in one
precinct and another party requests the right to examine other records or
equipment in the same precinct, the Circuit Judge shall recommend an
appropriate apportionment of the costs between the parties.  During any
recount or hearing presided over by a Circuit Judge, pursuant to this
Section the Supreme Court shall retain jurisdiction over the contest, and
may issue procedural orders or interim rulings regarding the recount
or hearing, either upon motion of a party or upon its own motion.
(Source: P.A. 86-873.)
(10 ILCS 5/23-1.8b) (from Ch. 46, par. 23-1.8b)
Sec. 23-1.8b. 
		Election contest - Statewide - State Board of Elections. 
		In
the event the circuit judge, in any such case, is of the opinion that such
action will expedite hearing and determination of the contest, the circuit
judge may appoint the State Board of Elections and refer the case to it to
recount the ballots, to take testimony and other evidence, to examine
records and equipment, to make a record of all objections to be heard by
the circuit court that may be made to the election returns or to any of
them or to any ballots cast or counted and to take all necessary steps and
do all necessary things to determine the true and correct result of the
election and to make a report thereof to the court.  The State Board of
Elections shall have authority to count the ballots or cause the same to be
counted under its supervision and direction, to conduct such hearing or
hearings as may be necessary and proper, to apply to the circuit court in
the manner provided by law for the issuance of subpoenas or for any other
appropriate order or orders to compel the attendance of witnesses, and to
take such steps and perform such duties and acts in connection with the
conduct of any such hearing or hearings as may be necessary.  The State
Board of Elections may, with the approval of the court, employ such
assistants as may be necessary and proper to provide for counting the
ballots, examining any records and equipment and taking all necessary steps
and doing all necessary things to determine the true and correct result of
the election under the direction and supervision of the State Board of
Elections.  The State Board of Elections shall receive such compensation
for its services and such allowances for the services of its assistants and
for reimbursement of expenses incurred by it as shall be approved by the
circuit court, and such compensation and allowances when approved by the
circuit court may be taxed as costs in such cause.
(Source: P.A. 86-873.)
(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 before the 150th day after the election, and, as to a
primary election, on or before the 87th day after the election, by the
Circuit Judge's issuance of written Recommended Findings of Fact on all
disputed issues, including a proposed statement of the correct tally of
votes for the contested election in each election jurisdiction in question.
The Recommended Findings of Fact shall be forwarded immediately to the Supreme
Court.
(Source: P.A. 86-873.)
(10 ILCS 5/23-1.10a) (from Ch. 46, par. 23-1.10a)
Sec. 23-1.10a. 
		
		Election contest - Statewide - Final Decision by Supreme
Court.  Within 15 days of the issuance of Recommended Findings of Fact by a
Circuit Judge, any party may serve and file with the Clerk of the Supreme
Court written objections to the Recommended Findings.  Subsequent to the
time that all challenges to Recommended Findings of Fact by a Circuit Judge
are required to be filed, the Supreme Court shall determine the contest,
either annulling the contested election or declaring the correct results
thereof.  The Supreme Court may make a de novo determination of those
portions of the Recommended Findings to which objection is made.  The
Supreme Court may accept, reject, or modify, in whole or in part, any of
the findings recommended by a Circuit Judge, and may hear witnesses and
examine physical evidence to the extent it deems necessary for such
determination.
(Source: P.A. 86-873.)
(10 ILCS 5/23-1.11a) (from Ch. 46, par. 23-1.11a)
Sec. 23-1.11a. 
		Election contest - Statewide - Assessment of Costs. 
		The
Supreme Court shall also make a determination of costs to be assessed,
taking into consideration any recommended assessment of a Circuit Judge.
The Court may decline to assess costs against a prevailing party, and may
not assess costs in excess of $75,000 against any one party.
All assessments shall be paid as the Supreme Court determines, but in
such manner as to directly reimburse any election authority whose records
or equipment were examined for the costs of such examination or the State
Board of Elections, as the case may be.  In the event a county or city
controls the funds of an election authority, such county or city shall
allocate the funds received in payment of such expenses as directed by the
election authority.
(Source: P.A. 86-873.)
(10 ILCS 5/23-1.12a) (from Ch. 46, par. 23-1.12a)
Sec. 23-1.12a. 
		
		Election contest - Statewide - Timing and finality of
determination by Supreme Court.  The determination of the contest
shall be made as soon as practicable.  The determination of the Supreme
Court shall be final, subject only to such petitions for reconsideration as
the Supreme Court may by rule allow.
(Source: P.A. 86-873.)
(10 ILCS 5/23-1.13a) (from Ch. 46, par. 23-1.13a)
Sec. 23-1.13a. 
		
		If any of the powers or duties to be exercised or
performed by the Supreme Court under Sections 23-1.1a through 23-1.12a may
not constitutionally be exercised or performed by the Supreme Court by
reason of jurisdictional limitations, then Sections 23-1.1a through
23-1.12a shall nonetheless continue to govern contests of elections for
elected officers provided for in Article V of the Constitution, and in such
event the Supreme Court shall,
pursuant to its general administrative and supervisory powers, assign to a
circuit court those adjudicatory powers and duties with respect to such a
contest as may not be exercised or performed by the Supreme Court, subject
to appropriate judicial review.
(Source: P.A. 89-5, eff. 1-1-96.)
(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 5/23-3) (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 shall sit upon the hearing of any case in which he is
a party.
(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 reference to any other subject which may be submitted
to the vote of the people of the county.
(Source: Laws 1965, p. 3493.)
(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 5/23-6.1) (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
contest for another office, the municipal council or board of trustees having
jurisdiction of the municipal election contest shall have priority of access
and possession of the ballots and other election materials for the purpose
of conducting a recount or other related proceedings for a period of 30
days following the commencement of the municipal election contest.  The
election authority shall notify the court and the municipal council or board
of the pendency of all other contests relating to the same
precincts.
(Source: P.A. 102-15, eff. 6-17-21.)
(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 representative, but when members of the House of Representatives
are elected from the State at large, the election of any such member may be
contested by any qualified elector in the State.
(Source: Laws 1964, 1st S.S., p. 711.)
(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 points on which the same will be contested; and shall
deliver a copy of such notice to each proper clerk or board of election
commissioners, as the case may be, who is a custodian of any ballots
involved in the contest and to the State Board of Elections. If the contest
is of the election of senator from a legislative district, such notice
shall be served on the person declared to be elected to the Senate from
that district.  If the contest is of the election of a representative or
representatives from a legislative district, such notice shall be served on
each person declared to be elected to the House of Representatives from
that district.  In case any person whose election is contested is absent,
or cannot be found, service may be had by leaving a copy of such notice at
his usual place of residence.  Nothing herein shall be construed to abridge
the authority of either house of the General Assembly to judge the
elections, returns and qualifications of its members in any manner
determined by that house.
(Source: P.A. 80-801.)
(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 public, on giving to the adverse party or his attorney 10
days' notice of the time and place of taking the same, and one day in
addition thereto (Sunday inclusive) for every 50 miles' travel from the
place of residence of such party to the place where such deposition is to
be taken.  If the party entitled to notice resides in the county where the
deposition is to be taken, 5 days' notice shall be sufficient.
(Source: P.A. 79-1364.)
(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 in the cases of taking depositions to be used in courts.
(Source: P.A. 79-1364.)
(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 with the State Board of Elections. The
State Board of Elections shall promulgate rules to implement this Section. For
purposes of this Section, the term "computer code" includes, but is not limited
to, ballot counting source code, table structures, modules, program narratives,
and other human readable computer instructions used to count ballots.
Any computer code submitted by vendors to the State Board of Elections shall be
considered strictly confidential and the intellectual property of the vendors
and shall not be subject to public disclosure under the Freedom of
Information Act.
The State Board of Elections shall determine which software components of a
voting system it deems necessary to enable the review and verification of the
computer. The State Board of Elections shall secure and
maintain all
proprietary computer codes in strict confidence and shall make a
computer code available to authorized persons in
connection with an election contest or pursuant to any State or federal court
order.
In an election contest, each party to the contest may designate one or more
persons who are authorized to receive the computer code of the
relevant voting systems. The person or persons authorized to receive the
relevant computer code shall enter into a confidentiality
agreement with the State Board of Elections and must exercise the highest
degree of reasonable care to maintain the confidentiality of all proprietary
information.
The State Board of Elections shall promulgate rules to provide for the
security, review, and verification of computer codes.
Verification
includes, but is not limited to, determining that the computer
code corresponds to computer instructions actually in use to count ballots.
The State Board of Elections shall hire, contract with, or otherwise provide sufficiently qualified resources, both human and capital, to conduct the reviews with the greatest possible expectation of thoroughness, completeness, and effectiveness. The resources shall be independent of and have no business, personal, professional, or other affiliation with any of the system vendors currently or prospectively supplying voting systems to any county in the State of Illinois. Nothing in this Section shall impair the obligation of any contract between a
voting-systems vendor and an election authority that provides access to
computer code that is equal to or greater than that provided by
this Section.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
(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, showing the names of the contesting parties, the office contested,
and the nature of the papers.
(Source: P.A. 78-918.)
(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 relates, on or before the second day of its session next after the
receipt of the same; and the presiding officer shall immediately give
notice to his house that such papers are in his possession.
(Source: P.A. 78-918.)
(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.
(Source: Laws 1943, vol. 2, p. 1.)
(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 elector of the state, judicial division, district, county,
town or precinct in and for which the person is declared elected.
(Source: P.A. 78-592.)
(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 points on which he will contest the election, which
petition shall be verified by affidavit in the same manner as complaints in
other civil cases may be verified. Copies of such petition shall be
delivered by mail to each proper clerk or board of election commissioners
who is a custodian of any ballots involved in the contest. The petition
shall allege that the petitioner voted at the election, and that he
believes that a mistake or fraud has been committed in specified precincts
in the counting or return of the votes for the office or proposition
involved or that there was some other specified irregularity in the conduct
of the election in such precincts, and the prayer of the petition shall
specify the precincts in which the recount is desired.
(Source: Laws 1957, p. 2388.)
(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: Laws 1943, vol. 2, p. 1.)
(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 notification to appear, and shall have preference in the order
of hearing to all other cases. The court may make and enforce all necessary
orders for the preservation and production of the ballots, poll books,
tally papers, returns, registers and other papers or evidence that may bear
upon the contest.
Whenever a petition for a recount has been filed as provided in this
Article, any opposing candidate or any elector, under like provisions and
in like manner may file a petition within 10 days after the completion of
the canvass of the precincts specified in the petition for a further
recount of the votes cast in any or all of the balance of the precincts in
the county, municipality or other political subdivision, as the case may be.
In event the court, in any such case, is of the opinion that such action will
expedite hearing and determination of the contest, the court may
refer the case to the election authority to recount the ballots, to take testimony and other
evidence, to examine the election returns, to make a record of all objections
to be heard by the court that may be made to the election returns or to any of
them or to any ballots cast or counted, and to take all necessary steps and do
all necessary things to determine the true and correct result of the election
and to make report thereof to the court. The election authority shall have authority to count the
ballots or cause the same to be counted under its supervision and direction, to
conduct such hearing or hearings as may be necessary and proper, to apply to
the court in the manner provided by law for the issuance of subpoenas or for
any other appropriate order or orders to compel the attendance of witnesses,
and to take such steps and perform such duties and acts in connection with the
conduct of any such hearing or hearings as may be necessary. The election authority may, with the
approval of the court, employ such assistants as may be necessary and proper to
provide for counting the ballots, examining the election returns and for taking
all necessary steps and doing all necessary things to determine the true and
correct result of the election under the direction and supervision of the election authority.  Upon the motion or application of the election authority or of any party to the case, the court shall require the party contesting the election to deposit moneys with the court as security for costs as reasonably needed to compensate the election authority for the costs incurred in relation to the election contest. The money deposited for security shall be taxed and allowed as costs to compensate the election authority for the services of its assistants and for reimbursement of expenses incurred by the election authority in relation to the election contest. The election authority shall not be required to undertake any work in furtherance of the election contest until the necessary funds are deposited with the court. Any money deposited as security for costs by a petitioner contesting an election must be returned to the petitioner if the judgment of the court is to annul the election or to declare as elected someone other than the person whose election is contested.
Any money deposited as security for costs by a petitioner contesting an
election must be returned to such petitioner if the judgment of the court
is to annul the election or to declare as elected someone other than the
person whose election is contested.
Any money deposited as security for costs by a petitioner in opposition
to a petition contesting an election must be returned to such petitioner if
the judgment of the court is to confirm the election or to declare as
elected the person whose election is contested.
(Source: P.A. 103-467, eff. 8-4-23.)
(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 thereafter any elector of
the State or political subdivision thereof for which the contestee was
declared to be nominated or elected, may appear and intervene in such
proceeding, or in case no elector appears within such five days, the court
shall appoint such an elector to appear and intervene in such proceeding,
and defend the same and thereupon the court shall proceed to final judgment.
(Source: P.A. 79-540.)
(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 reasonable likelihood the recount will change the results
of the election.
(Source: P.A. 84-586.)
(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, any 5 electors of the State, or of the political
subdivision or district, respectively, may contest the results of any such
election by filing a written statement in the circuit court within 30 days
after the result of the election shall have been determined, in like form
as in other cases of contested elections in the circuit court. Such
political subdivision shall be made defendant and process shall be served
as in suits against such political subdivision; and like proceedings shall
be had as in other cases of contested elections before such court. Where
the contest relates to a constitutional amendment or other question of
public policy submitted to the voters of the State, the statement
of contest shall not specify any defendant, but notice of the contest be
filed with the Attorney General who may appear and take such steps as he
shall deem proper with respect to such contest; the contest may be heard
and determined at any time not less than 10 days after notice to the
Attorney General as herein provided, and like proceedings as nearly as
may be shall be had as in other cases of contested elections before such
court.
(Source: P.A. 80-1469.)
(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 prosecution or defense of the same. In case the
judgment of the court shall be contrary to the contentions advanced by such
interveners, the court may in its  discretion tax against such interveners
the cost of such proceedings or such portion thereof as to the court shall
seem proper.
(Source: P.A. 80-1469.)
(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 declare as elected the person who shall appear to be duly
elected.
(Source: Laws 1943, vol. 2, p. 1.)
(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 such votes shall decide by lot, in such manner as the court shall
direct, which of them shall be declared duly elected; and the judgment
shall be entered accordingly.
(Source: Laws 1943, vol. 2, p. 1.)
(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 receiving the next highest number of votes shall not be declared
elected, but the election shall be declared void.
(Source: Laws 1943, vol. 2, p. 1.)
(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 5/23-50)
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.
(Source: P.A. 94-645, eff. 8-22-05.)