(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
Sec. 10-8.
Except as otherwise provided in this Code, certificates of nomination and nomination papers, and
petitions to submit public questions to a referendum, being filed as
required by this Code, and being in apparent conformity with the
provisions of this Act, shall be deemed to be valid unless objection
thereto is duly made in writing within 5 business days after the last day for
filing the certificate of nomination or nomination papers or petition
for a public question, with the following exceptions:
A. In the case of petitions to amend Article IV of |
Any legal voter of the political subdivision or district in which the
candidate or public question is to be voted on, or any legal voter in
the State in the case of a proposed amendment to Article IV of the
Constitution or an advisory public question to be submitted to the
voters of the entire State, having objections to any certificate of nomination
or nomination papers or petitions filed, shall file an objector's petition
together with 2 copies thereof in the principal office or the permanent branch
office of the State Board of Elections, or in the office of the election
authority or local election official with whom the certificate of
nomination, nomination papers or petitions are on file. Objection petitions that do not include 2 copies thereof, shall not be accepted.
In the case of nomination papers or certificates of nomination,
the State Board of Elections, election authority or local election official
shall note the day and hour upon which such objector's
petition is filed, and shall, not later than 12:00
noon on the second business day after receipt of the
petition, transmit by registered mail or receipted
personal delivery the certificate of nomination or nomination papers and
the original objector's petition to the chair of the proper electoral
board designated in Section 10-9 hereof, or his authorized agent, and
shall transmit a copy by registered mail or receipted personal delivery
of the objector's petition, to the candidate whose certificate of nomination
or nomination papers are objected to, addressed to the place of residence
designated in said certificate of nomination or nomination papers. In the
case of objections to a petition for a proposed amendment to Article IV of
the Constitution or for an advisory public question to be submitted to the
voters of the entire State, the State Board of Elections shall note the day
and hour upon which such objector's petition is filed and shall transmit a
copy of the objector's petition by registered mail or receipted personal
delivery to the person designated on a certificate attached to the petition
as the principal proponent of such proposed amendment or public question,
or as the proponents' attorney, for the purpose of receiving notice of
objections. In the case of objections to a petition for a public question,
to be submitted to the voters of a political subdivision, or district
thereof, the election authority or local election official with whom such
petition is filed shall note the day and hour upon which such
objector's petition was filed, and shall, not later than 12:00 noon on the
second business day after receipt of the petition,
transmit by registered mail or receipted personal delivery
the petition for the public question and the original objector's petition
to the chair of the proper electoral board designated in Section 10-9
hereof, or his authorized agent, and shall transmit a copy by
registered mail or receipted personal delivery, of the objector's petition
to the person designated on a certificate attached to the petition as the
principal proponent of the public question, or as the proponent's attorney,
for the purposes of receiving notice of objections.
The objector's petition shall give the objector's name and residence
address, and shall state fully the nature of the objections to the
certificate of nomination or nomination papers or petitions in question,
and shall state the interest of the objector and shall state what relief
is requested of the electoral board.
The provisions of this Section and of Sections 10-9, 10-10 and
10-10.1 shall also apply to and govern objections to petitions for
nomination filed under Article 7 or Article 8, except as otherwise
provided in Section 7-13 for cases to which it is applicable, and also
apply to and govern petitions for the submission of public questions under
Article 28.
(Source: P.A. 102-15, eff. 6-17-21.)
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