093_HB0098

 
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 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.)
 
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 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.