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votes for members of the State Board of Equalization, on another sheet; of votes for Trustees of the University of Illinois, on another sheet; of votes for amendments to the Constitution, and for other propositions submitted to the electors of the entire State, on another sheet; of votes for county officers and for propositions submitted to the electors of the county only on another sheet. The foregoing abstract shall be preserved by the county clerk in his office.

SEC. 208. Immediately after the completion of the abstracts of votes the county clerk shall make two correct copies of the abstracts of votes for Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Attorney General, and Superintendent of Public Instruction, both of which copies he shall envelop and seal up, and endorse upon the envelope in substance, "Abstracts of votes for State officers from.. county," and he shall address one of the envelopes containing such copies of abstracts of votes for State officers to "the Speaker of the House of Representatives," and the other he shall address to "the Secretary of State.". The county clerk shall, at the same time, envelop and seal up a copy of each of the abstracts of votes for other officers and amendments to the Constitution and other propositions voted on, and endorse the same so as to show the contents of the package, and address the same to the Secretary of State. The several packages shall then be placed in one envelope and addressed to the Secretary of State.

SEC. 209. Such abstracts shall be transmitted to the Secretary of State by mail, or, in case it shall be necessary, by special messenger.

(b) Of Primary Elections.

SEC. 210. The person receiving the highest number of votes at a primary as a candidate of a party for the nomination for an office, shall be the candidate of that party for such office, and his name as such candidate shall be placed on the official ballot at the election then next ensuing. Where there are two or more persons to be nominated for the same office or board, the requisite number of persons receiving the highest number of votes shall be nominated and their names shall be placed on the official ballot at the following election.

In the case of candidates for nomination for members of the board of assessors, where five are to be elected, four of whom are to be elected from any one city and the city has the requisite number, then the candidate for nomination living outside of such city having the highest number of votes of his party shall be nominated, and his name shall be placed on the official ballot at the following election.

The person receiving the highest number of votes of his party for State Central Committeeman of his congressional district shall be declared elected State Central Committeeman from such congressional district.

The requisite number of persons receiving the highest number of votes as candidates of their party in any county, or senatorial district, as the case may be, for senatoriay committeeman shall be declared elected senatorial committeeman from such county, or senatorial district.

The requisite number of persons receiving the highest number of votes of their party for delegates and alternate delegates to National nominating conventions shall be declared elected delegates and alternate delegates to the National nominating convention of their party.

The person receiving the highest number of votes of his party for ward committeeman of his ward shall be declared elected ward committeemen from such ward.

When two or more persons receive an equal and the highest number of votes for the nomination for the same office or for committeeman of the same political party, or where more than one person of the same political party is to be nominated as a candidate for office or committeeman, if it appears that more than the number of persons to be nominated for an office or elected committeeman have the highest and an equal number of votes for the nomination for the same office or for election as committeeman, the board by which the returns of the primary are canvassed shall decide by lot which of such persons shall be nominated or elected, as the case may be. In such case such canvassing board shall issue notice in writing to such persons of

such tie vote, stating therein the place, the day (which shall not be more than five days thereafter), and the hour when such nomination or election shall be so determined.

SEC. 211. As soon as complete returns are delivered to the proper clerk, the returns shall be canvassed as follows:

(1) In the case of the nomination of candidates for city offices, by the mayor, the city attorney and the city clerk.

(2) In the case of nomination of candidates for village, or incorporated town offices, by the president of the board of trustees, one member of the board of trustees, and the village clerk.

(3) The officers who are charged by law with the duty of canvassing returns of general elections made to the county clerk, shall also open and canvass the returns of a primary made to such county clerk. Upon the completion of the canvass of the returns by the county canvassing board, such canvassing board shall make a tabulated statement of the returns for each political party separately, stating in appropriate columns and under proper headings, the total number of votes cast in such county for each candidate for nomination by such party, including candidates for President of the United States and for State central committeemen, and for delegate and alternate delegate to National nominating conventions. Within two days after the completion of such canvass by such canvassing board the county clerk shall mail to the Secretary of State a certified copy of such tabulated statement of returns:

Provided, however, that the number of votes cast for the nomination for offices, the certificate of election for which offices, under the general election laws are issued by the county clerk shall not be included in such certified copy of tabulated statement of returns.

(4) In the case of the nomination of candidates for offices and the State central committeeman, and delegates and alternate delegates to National nomination conventions, certified tabulated statement of returns for which are filed with the Secretary of State, such returns shall be canvassed by the Governor, Secretary of State and State Treasurer. Within five days after such returns shall be canvassed by such State Primary Canvassing Board, the Secretary of State shall cause to be published in one daily newspaper of general circulation at the seat of the State government in Springfield a certified statement of the returns filed in his office, showing the total vote cast in the State for each candidate of each political party for President of the United States, and showing the total vote for each candidate of each political party for President of the United States cast in each of the several congressional districts in the State, and stating the names of the delegates and alternate delegates to National nominating conventions for each political party.

(5) Where in cities, villages or incorporated towns which have a board of election commissioners, the returns of a primary are made to such board of election commissioners, such returns shall be canvassed by such board, and (excepting in the case of the nomination of candidate for any city, village or incorporated town office in such city) tabulated statements of the returns of such primary shall be made to the county clerk.

SEC. 212. Each of such canvassing boards, respectively, shall, upon the completion of the canvassing of the returns, make proclamation of the result of such primary for each political party, and shall make and execute a certificate, and unless a notice of contest shall have been filed with such canvassing board ten days after completion of the canvass, shall file such certificates in the office of the Secretary of State, or in the office of the clerk whose duty it is to print the official ballot for the election for which the nomination is made, as the case may be, stating therein the name of each candidate of each political party so nominated or elected, as shown by the returns, together with the name of the office for which he was nominated or elected, including ward committeeman, and including in the case of the State primary canvassing board, candidates for State central committeeman, and delegates and alternate delegates to National nominating conventions. In case of delegates and alternate delegates to National nominating conventions such certificates shall show the name of the candidate for President of the United States for whom such delegates or alternate delegates have expressed their choice as disclosed from their statements in writing on file

in the office of the Secretary of State. In case a notice of contest shall be filed with any canvassing board, such canvassing board shall withhold its certificate until a certified copy of the decree or order of the court hearing such contest shall have been filed with such canvassing board. The canvassing board shall, within one day after receiving a certified copy of such decree or order, proceed to finish the canvass of the returns as corrected by such decree and make proclamation accordingly.

Upon the filing of such certificate in the office of the Secretary of State, or in the office of the proper clerk, the Secretary of State, or the proper clerk, as the case may be, shall, within one day thereafter, issue a certificate of nomination to each of the candidates so proclaimed nominated.

The Secretary of State shall also issue a certificate of election to each of the persons shown by the returns and the proclamation thereof to be elected State central committeeman, and delegates and alternate delegates to National nominating conventions.

SEC. 213. When the nomination is made for an office to be filled by the electors of an entire county, and where it is the duty of the county clerk to prepare the official ballot for the election, it shall be the duty of the county clerk to place upon the official ballot to be voted at the election the names of all candidates nominated for office, as herein provided, as shown by the certificate of the canvassing board on file in his office, and the names of all candidates certified to him by the Secretary of State.

When the nomination is made for an office to be filled by the electors of an entire city, village or incorporated town, including aldermen, and where it is the duty of the city, village or in corporated town clerk to prepare the official ballot for the election, it shall be the duty of the city or village clerk, to place upon the official ballot to be voted at the election the names of all candidates nominated for office, as herein provided, as shown by the certificate of the canvassing board on file in his office.

Not less than fifteen days before an election to fill any office, the Secretary of State shall certify to the county clerk of each county within which any of the electors may, by law, vote for such candidates for such offices, the name and description of each person nominated for such office, as shown by the certificate of the canvassing board on file in his office.

ARTICLE XV.

ELECTION CONTESTS.

(a) For Primary Elections.

SEC. 214. Any candidate whose name appears upon the primary ballot of any political party in any precinct may contest the election of the candidates nominated by his political party, upon the face of the returns, if he so desires, and may, in such county or any of the precincts thereof as to the office for which he was a candidate, contest the election in such county or precinct by filing with the clerk of the county court, except in the case of candidates for the nomination for State, senatorial and congressional offices and for the offices and for the office of county judge, a petition in writing, setting forth the grounds of contest, which petition shall be verified by the affidavit of the petitioner or other person, and which petition shall be filed within five days after the completion of the canvass of the returns. The contestant shall also file with the canvassing board which canvasses the returns for such nomination (and if for the nomination for an office, certified tabulated statements of the returns of which are to be filed with the Secretary of State) also with the county canvassing board, a notice of the pendency of the contest. In the case of a contest for the nomination for State, senatorial and congressional offices and for the office of county judge, such petition shall be filed in the office of the clerk of the Circuit Court.

Authority and jurisdiction are hereby vested in the County Court or in the judge thereof in vacation, or in the Circuit Court or in the judges thereof in vacation, as the case may be, to hear and determine primary contests. When a petition to contest shall be filed in the office of the clerk of the court, such petition shall forthwith be presented to the judge thereof, who shall note thereon the date of presentation, and shall also note thereon the

day when he will hear the same, which shall not be more than five days thereafter, and shall order issuance of summons to each defendant named · in the petition.

Summons shall forthwith issue to each defendant named in the petition and shall be served in the same manner as is provided in cases in chancery. Summons may be issued and served in any county in the State. The case may be heard and determined by the county or circuit court in term time, or by the judges thereof in vacation, at any time not less than three days after service of process, and shall have preference in the order of hearing to all other cases. The petitioner shall give security for all costs.

If, in the opinion of the court in which the petition is filed, the grounds for contest alleged are insufficient in law, the petition shall be dismissed. If the grounds alleged are sufficient in law, the court shall proceed in a summary manner and may hear evidence, examine the returns, recount the ballots and make such orders and enter such judgment as justice may require. The court shall ascertain and declare by a decree, as in chancery to be entered of record in the proper court, the result of such election in the territorial area for which the contest is made. The judgment of the court shall be final. A certified copy of such decree shall forthwith be made by the clerk of the court and transmitted to the board canvassing the returns for such office; and in case of contest, if for nomination for an office, tabulated statements of returns for which are filed with the Secretary of State, also in' the office of the county clerk of the proper county. The proper canvassing board, or boards, as the case may be, shall correct the returns or the tabulated statement of returns in accordance with such decree.

(b) For Other Elections.

(1) JURISDICTION.

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SEC. 215. Authority and jurisdiction are hereby conferred upon the following to hear and determine election contests:

(1) Upon the General Assembly, in joint session in the Hall of the House of Representatives, the Speaker of the House of Representatives presiding, to hear and determine contested elections of Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction and Attorney General.

(2) Upon the Senate or House of Representatives to hear and determine contested elections of members of the respective houses.

(3) Upon the Circuit Court or Superior Court of Cook County, in term time, or upon the judges thereof in vacation, to hear and determine election contests of the election of Judges of the Supreme Court, Clerk of the Supreme Court, Clerk of the Appellate Court, Judges of the Circuit Court, Judges of the Superior Court of Cook County, Trustees of the University of Illinois, Members of the State Board of Equalization, Judges of the County Court, Mayors of Cities, Presidents of County Boards, Presidents of Villages and Incorporated Towns, and elections upon the removal of county seats and other public measures submitted to a vote of the people of the whole county and concurrent jurisdiction with County Courts in all cases mentioned in paragraph (4) of this section.

(4) Upon the County Court, or upon the judges thereof in vacation, to hear and determine contests of election in all other county, town and precinct officers, and all officers for the contesting of whose election no provision is made, and elections upon public measures submitted to a vote of the people of any city, village, incorporated town, town, district or other territorial area in a county.

(5) Upon the city council, or board of trustees of villages and incorporated towns to hear and determine contests of election of aldermen or members of the board of trustees, as the case may be.

(2) GROUNDS OF CONTEST AND PROCEDURE-APPLICABLE TO ALL CONTESTS,

EXCEPTIONS.

SEC. 216. The election of any person to any public office, or on the removal of a county seat, or other public measure, may be contested:

(1) For malconduct, fraud or corruption on the part of the judges or clerks of election in any voting precinct or election district, or of any board of canvassers, or of any member thereof, sufficient to change the result.

(2) When the person, or persons, declared elected has given or offered to any elector, or to any judge, clerk or canvasser of elections any bribe or reward in money, property or other thing of value for the purpose of procuring his election.

(3) When illegal votes have been received or legal votes rejected at the polls sufficient to change the result.

(4) For any error in any judges of election, or board of canvassers in counting the votes or in declaring the result of the election, if the error would change the result.

(5) For any other cause which shows that another was the person legally elected, or that a public measure was not carried.

SEC. 217. The election of any person declared elected to any office. except a constitutional executive State office, and members of the General Assembly, may be contested by any elector of the State, judicial district, judicial circuit, county, town, precinct, city, village, incorporated town, or other district or division in and for which the person is declared elected.

SEC. 218. The person desiring to contest the election of any person declared elected to any such office whose election may be contested as provided in the last preceding section shall, within thirty days after the person whose election is contested is declared elected, file with the clerk of the proper court a statement in writing setting forth the points on which he will contest the election, which statement shall be verified by affidavit in the same manner as bills in chancery may be verified.

SEC. 219. The election upon the removal of a county seat, or upon any other public measure submitted to a vote of the people of a county, city, village, incorporated town, town, district or other territorial area in a county, may be contested by any five electors, legal voters of the county, city, village, incorporated town, town, district or other territorial area in a county upon which such public measure was voted.

SEC. 220. When electors desire to contest the election for the removal of a county seat or other public measure they shall file, in the office of the proper clerk, a written statement in like form as in other cases of contested elections in the Circuit Court, within thirty days after the result of the election shall have been determined if the election was upon the removal of a county seat or other public measure submitted to a vote of the people of the county, and within fifteen days after the result of the election shall have been determined if the election was upon a measure submitted to a district or division less in territorial area than the county.

SEC. 221. 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 cases of chancery.

SEC. 222. When the contest is that of an election upon the removal of a county seat, or other public measure, such cummons shall forthwith issue, directed to the county clerk in case the proposition was submitted to the voters of a county, or to the city, village, incorporated town, town, district or other clerk, respectively, in case the proposition was submitted to the voters of a city, village, incorporated town, town, district or other territorial area in the county and shall be served in the same manner as is provided in cases in chancery.

SEC. 223. The case shall be tried in like manner as case's in chancery and may be heard and determined by the court in term time, or by the judge thereof in vacation, at any time after the return day of the summons, and shall have preference in the order of hearing to all other cases.

SEC. 224. The court, or the judge thereof in vacation, shall have authority and power to compel the attendance of any officer of such election, and of any other person capable of testifying concerning the same, and also to compel the preservation and the production of the ballots, ballot boxes, books, tally sheets, returns, registers and other papers or evidence that may bear upon the contest.

SEC. 225. In case the election contested is that of a removal of the county seat, or other public measure, the court shall permit one or more electors

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