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92_HB4130
LRB9210068JMcs
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 23-1.1a, 23-1.2a, 23-1.13a, and 23-19 as follows:
6 (10 ILCS 5/23-1.1a) (from Ch. 46, par. 23-1.1a)
7 Sec. 23-1.1a. Election contest - Statewide -
8 Jurisdiction. The Supreme Court shall have jurisdiction over
9 contests of the results of any election, including a primary,
10 for an elected officer provided for in Article V of the
11 Constitution and for the office of presidential elector, and
12 shall retain jurisdiction throughout the course of such
13 election contests.
14 (Source: P.A. 89-5, eff. 1-1-96.)
15 (10 ILCS 5/23-1.2a) (from Ch. 46, par. 23-1.2a)
16 Sec. 23-1.2a. Election contest - Statewide offices - Who
17 may contest - Time and place for filing - Fee. The results
18 of an election, including a primary, for an elected executive
19 officer provided for in Article V of the Constitution and for
20 the office of presidential elector may be challenged (1) by
21 any candidate whose name was on the ballot for that office,
22 (2) by any person who filed a declaration of intent to be a
23 write-in candidate for that office, or (3) by any person who
24 voted in that election, provided that such person's challenge
25 is supported by a verified petition signed by persons who
26 voted in the election in a number no less than the largest
27 number of signatures required to nominate a person to be a
28 candidate of any political party which nominated a candidate
29 for the office being contested.
30 Any person, including a candidate, qualified pursuant to
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1 this Section and desiring to contest the results of an
2 election for such an office shall, within 15 days of the date
3 of the official proclamation of results of such election,
4 file a Petition of State Election Contest with the clerk of
5 the Supreme Court together with a filing fee in the amount of
6 $10,000.
7 (Source: P.A. 89-5, eff. 1-1-96.)
8 (10 ILCS 5/23-1.13a) (from Ch. 46, par. 23-1.13a)
9 Sec. 23-1.13a. If any of the powers or duties to be
10 exercised or performed by the Supreme Court under Sections
11 23-1.1a through 23-1.12a may not constitutionally be
12 exercised or performed by the Supreme Court by reason of
13 jurisdictional limitations, then Sections 23-1.1a through
14 23-1.12a shall nonetheless continue to govern contests of
15 elections for elected officers provided for in Article V of
16 the Constitution and for the office of presidential electors,
17 and in such event the Supreme Court shall, pursuant to its
18 general administrative and supervisory powers, assign to a
19 circuit court those adjudicatory powers and duties with
20 respect to such a contest as may not be exercised or
21 performed by the Supreme Court, subject to appropriate
22 judicial review.
23 (Source: P.A. 89-5, eff. 1-1-96.)
24 (10 ILCS 5/23-19) (from Ch. 46, par. 23-19)
25 Sec. 23-19. The election of any person declared elected
26 to any office other than a presidential elector, Governor,
27 Lieutenant-Governor, Secretary of State, State Comptroller,
28 Treasurer, Attorney General, Senator or Representative, may
29 be contested by any elector of the state, judicial division,
30 district, county, town or precinct in and for which the
31 person is declared elected.
32 (Source: P.A. 78-592.)
-3- LRB9210068JMcs
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.