ILCS » Chapter 10 · Act 5

10 ILCS 5/10-10.1

(a) Except as otherwise provided in this Section, a candidate or objector aggrieved by the decision of an electoral board may secure judicial review of such decision in the circuit court of the county in which the hearing of the electoral board was held

Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1)
    Sec. 10-10.1. (a) Except as otherwise provided in this Section, a candidate or objector aggrieved by the decision of an electoral board may secure judicial review of such decision in the circuit court of the county in which the hearing of the electoral board was held. The party seeking judicial review must file, within 5 days after service of the decision of the electoral board as provided in Section 10-10, a petition with the clerk of the court that names as respondents the electoral board, its members, and the prevailing candidates or objectors in the initial proceeding before the board. The party seeking judicial review must serve a copy of the petition upon each of the respondents named in the petition for judicial review by registered or certified mail within 5 days after service of the decision of the electoral board as provided in Section 10-10. The petition shall contain a brief statement of the reasons why the decision of the board should be reversed. The petitioner shall file proof of service with the clerk of the court within 5 days after service of the decision of the electoral board as provided in Section 10-10. No answer to the petition need be filed, but the electoral board shall cause the record of proceedings before the electoral board to be filed with the clerk of the court on or before the date of the hearing on the petition or as ordered by the court.
    The court shall set the matter for hearing to be held within 30 days after the filing of the petition and shall make its decision promptly after such hearing.
    (b) An objector or proponent aggrieved by the decision of an electoral board regarding a petition filed pursuant to Section 18-120 of the Property Tax Code may secure a review of such decision by the State Board of Elections. The party seeking such review must file a petition therefor with the State Board of Elections within 10 days after the decision of the electoral board. Any such objector or proponent may apply for and obtain judicial review of a decision of the State Board of Elections entered under this amendatory Act of 1985, in accordance with the provisions of the Administrative Review Law, as amended.
(Source: P.A. 103-600, eff. 7-1-24.)

    
Notes of Decisions
Cited in 102 cases (27 in the last 5 years), 1994–2026 · leading case: Rivera v. City of Chicago Electoral Board
Sort: Relevance Newest Treatment
Rivera v. City of Chicago Electoral Board (2011) illappct · cites it 12× “1 of the Election Code (10 ILCS 5/10-10.1) a party aggrieved of this decision and seeking judicial review of this decision must file a petition for judicial review with the Clerk of the Circuit Court of Cook County within 5 days after service of the decision of the Electoral…”
Jackson v. Board of Election Commissioners of the City of Chicago (2012) ill · cites it 4× “¶ 18 Jackson petitioned for judicial review (see 10 ILCS 5/10-10.1 (West 2010)), raising only the question of whether Earls was in arrears on a tax or other debt due to the City and therefore ineligible for municipal office because she and her husband had claimed homeowner…”
Bettis v. Marsaglia (2014) ill · cites it 6× “1(a) of the Election Code (Code) (10 ILCS 5/10-10.1(a) (West 2012)). Objectors, Charles M.”
Ramirez v. Andrade (2007) illappct · cites it 6× “1 of the Illinois Election Code (Election Code or Code) (10 ILCS 5/10-10.1 (West 2004)) ("[t]he party seeking judicial review must file a petition with the clerk of the court within 10 days after the decision of the electoral board" and "serve a copy of the petition upon the…”
Bettis v. Marsaglia (2015) ill · cites it 5× “1(a) of the Election Code (Code) (10 ILCS 5/10-10.1(a) (West 2012)). Objectors, Charles M.”
Rivera v. CITY OF CHICAGO ELECTORAL BD. (2011) illappct · cites it 11× “1 of the Election Code (10 ILCS 5/10-10.1) a party aggrieved of this decision and seeking judicial review of this decision must file a petition for judicial review with the Clerk of the Circuit Court of Cook County within 5 days after service of the decision of the Electoral…”
Langenstein v. Kassimali (2012) illappct · cites it 5× “Appellants appeal, contending the court erred in dismissing their petitions because providing ballot access should be the primary concern and removal of a candidate from a ballot should only be done in the most egregious of circumstances.”
McDonald v. Cook County Officers Electoral Board (2018) illappct · cites it 5× “1 of the Election Code ( 10 ILCS 5/10-10.1 (West 2016) ). Mr. Featherston argued that Ms.”
Bettis v. Marsaglia (2014) illappct · cites it 4× “1 of the Election Code (10 ILCS 5/10-10.1 (West 2010)), the proceeding is in the nature of administrative review.”
Bonaguro v. the County Officers Electoral Board (1994) ill “(See 10 ILCS 5/10-8 (West 1992).) The electoral board overruled Bonaguro's objections and ordered that Janura's name be printed on the ballot for the November 1992 general election.”
Quinn v. Board of Election Commissioners for the City of Chicago Electoral Board (2019) illappct · cites it 2× “10 ILCS 5/10-10.1(a) (West 2016). The motion to dismiss did not make any reference to the portion of the petition seeking a writ of mandamus.”
Rose v. Board of Election Commissioners (2016) ca7 “Rose asserts that the state court could not adjudicate his constitutional claims because the statute providing for judicial review of election board decisions, 10 ILCS 5/10-10.1, authorizes only limited judicial review.”
Show all 102 citing cases →
— 10 ILCS 5/10-10.1(a) — 32 cases
Bettis v. Marsaglia (2014) ill “1(a) of the Election Code (Code) (10 ILCS 5/10-10.1(a) (West 2012)). Objectors, Charles M.”
Bettis v. Marsaglia (2015) ill “1(a) of the Election Code (Code) (10 ILCS 5/10-10.1(a) (West 2012)). Objectors, Charles M.”
Quinn v. Board of Election Commissioners for the City of Chicago Electoral Board (2019) illappct “10 ILCS 5/10-10.1(a) (West 2016). The motion to dismiss did not make any reference to the portion of the petition seeking a writ of mandamus.”
Carlasare v. Will County Officers Electoral Board (2012) illappct
Bettis v. Marsaglia (2014) illappct “1 of the Election Code (10 ILCS 5/10-10.1 (West 2010)), the proceeding is in the nature of administrative review.”
— 10 ILCS 5/10-10.1(b) — 1 case
McDonald v. Cook County Officers Electoral Board (2018) illappct “1 of the Election Code ( 10 ILCS 5/10-10.1 (West 2016) ). Mr. Featherston argued that Ms.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.