(55 ILCS 5/1-5008) (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.)
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