Illinois Compiled Statutes
10 ILCS 5/10-8 (2026)
Except as otherwise provided in this Code, certificates of nomination and nomination papers, and petitions to submit public questions to a referendum, being filed as required by this Code, and being in apparent conformity with the provisions of this Act, shall be deemed to be valid unless objection thereto is duly made in writing within 5 business days after the last day for filing the certificate of nomination or nomination papers or petition for a public question, with the following exceptions: A
✓ current as of May 2026
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(10 ILCS 5/10-8)
(from Ch. 46, par. 10-8)
Sec. 10-8.
Except as otherwise provided in this Code, certificates of nomination and nomination papers, and
petitions to submit public questions to a referendum, being filed as
required by this Code, and being in apparent conformity with the
provisions of this Act, shall be deemed to be valid unless objection
thereto is duly made in writing within 5 business days after the last day for
filing the certificate of nomination or nomination papers or petition
for a public question, with the following exceptions:
A. In the case of petitions to amend Article IV of | the Constitution of the State of Illinois, there shall be a period of 35 business days after the last day for the filing of such petitions in which objections can be filed. |
B. In the case of petitions for advisory questions | of public policy to be submitted to the voters of the entire State, there shall be a period of 35 business days after the last day for the filing of such petitions in which objections can be filed. |
Any legal voter of the political subdivision or district in which the
candidate or public question is to be voted on, or any legal voter in
the State in the case of a proposed amendment to Article IV of the
Constitution or an advisory public question to be submitted to the
voters of the entire State, having objections to any certificate of nomination
or nomination papers or petitions filed, shall file an objector's petition
together with 2 copies thereof in the principal office or the permanent branch
office of the State Board of Elections, or in the office of the election
authority or local election official with whom the certificate of
nomination, nomination papers or petitions are on file. Objection petitions that do not include 2 copies thereof, shall not be accepted.
In the case of nomination papers or certificates of nomination,
the State Board of Elections, election authority or local election official
shall note the day and hour upon which such objector's
petition is filed, and shall, not later than 12:00
noon on the second business day after receipt of the
petition, transmit by registered mail or receipted
personal delivery the certificate of nomination or nomination papers and
the original objector's petition to the chair of the proper electoral
board designated in Section 10-9 hereof, or his authorized agent, and
shall transmit a copy by registered mail or receipted personal delivery
of the objector's petition, to the candidate whose certificate of nomination
or nomination papers are objected to, addressed to the place of residence
designated in said certificate of nomination or nomination papers. In the
case of objections to a petition for a proposed amendment to Article IV of
the Constitution or for an advisory public question to be submitted to the
voters of the entire State, the State Board of Elections shall note the day
and hour upon which such objector's petition is filed and shall transmit a
copy of the objector's petition by registered mail or receipted personal
delivery to the person designated on a certificate attached to the petition
as the principal proponent of such proposed amendment or public question,
or as the proponents' attorney, for the purpose of receiving notice of
objections. In the case of objections to a petition for a public question,
to be submitted to the voters of a political subdivision, or district
thereof, the election authority or local election official with whom such
petition is filed shall note the day and hour upon which such
objector's petition was filed, and shall, not later than 12:00 noon on the
second business day after receipt of the petition,
transmit by registered mail or receipted personal delivery
the petition for the public question and the original objector's petition
to the chair of the proper electoral board designated in Section 10-9
hereof, or his authorized agent, and shall transmit a copy by
registered mail or receipted personal delivery, of the objector's petition
to the person designated on a certificate attached to the petition as the
principal proponent of the public question, or as the proponent's attorney,
for the purposes of receiving notice of objections.
The objector's petition shall give the objector's name and residence
address, and shall state fully the nature of the objections to the
certificate of nomination or nomination papers or petitions in question,
and shall state the interest of the objector and shall state what relief
is requested of the electoral board.
The provisions of this Section and of Sections 10-9, 10-10 and
10-10.1 shall also apply to and govern objections to petitions for
nomination filed under Article 7 or Article 8, except as otherwise
provided in Section 7-13 for cases to which it is applicable, and also
apply to and govern petitions for the submission of public questions under
Article 28.
(Source: P.A. 102-15, eff. 6-17-21.)
Notes of Decisions
Cited in 71
cases (21 in the last 5 years), 1994–2026 · leading case: Pate v. Wiseman, 2019 IL App (1st) 190449 (Ill. App. Ct. 2019).
Pate v. Wiseman, 2019 IL App (1st) 190449 (Ill. App. Ct. 2019). “¶3 Pursuant to the provisions of the Election Code, objections to nomination papers were to be filed by December 3, 2018 (10 ILCS 5/10-8 (West 2016)), but none were filed against the slated candidates.”
Jackson v. Bd. of Election Commissioners of the City of Chicago, 2012 IL 111928 (Ill. 2012). “See 10 ILCS 5/10-8 (West 2010). Jackson asserted numerous grounds in support of her petition.”
Samuelson v. Cook Cnty. Officers Electoral Bd., 2012 IL App (1st) 120581 (Ill. App. Ct. 2012). “” 10 ILCS 5/10-8 (West 2008). The Board “will only consider written objections and the written specifications of such objections to the original petitions, as set forth in the objector’s petition.”
Bonaguro v. the Cnty. Officers Electoral Bd., 634 N.E.2d 712 (Ill. 1994). “(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.”
McHenry Twp. v. Cnty. of McHenry, 2022 IL 127258 (Ill. 2022). “) 10 ILCS 5/10-8 (West 2018). ¶ 83 Section 10-8 authorizes a clerk to reject nomination papers and petitions to submit public questions if they are not in “apparent conformity” with the Election Code, but the section makes no reference to public question resolutions.”
Zurek v. Petersen, 2015 IL App (1st) 150508 (Ill. App. Ct. 2015). “July 1, 2014) (amending 10 ILCS 5/10-8 (West 2012)). This was the full extent of the argument.”
Cunningham v. Schaeflein, 2012 IL App (1st) 120529 (Ill. App. Ct. 2012). “” 10 ILCS 5/10-8 (West 2008). The role of an electoral board is to “decide whether or not the certificate of nomination or nominating papers or petitions on file are valid or whether the objections thereto should be sustained.”
Schittino v. Vill. of Niles, 2024 IL App (1st) 230926 (Ill. App. Ct. 2024). “See 10 ILCS 5/10-8 (2018). In this case, however, the Clerk took it upon herself to deem the Referendum question unconstitutional and refused to certify it.”
Wiesner v. Brennan, 2016 IL App (2d) 160115 (Ill. App. Ct. 2016). “” 10 ILCS 5/10-8 (West 2014). An electoral board “will only consider written objections and the written specifications of such objections to the original petitions, as set forth in the objector’s petition.”
Burns v. Mun. Officers Electoral Bd., 2020 IL 125714 (Ill. 2020). “See 10 ILCS 5/10-8 (West 2018) (requiring objections to petitions for referendum to be “duly made in writing within 5 business days after the last day for filing the *** petition for a public question”).”
Welch v. Educ. Officers Electoral Bd., 750 N.E.2d 222 (Ill. App. Ct. 2001). “" 10 ILCS 5/10-8 (West 1993). As to the first question whether plaintiffs' nomination papers were timely filed, we believe that they were.”
Wisnasky-Bettorf v. Pierce, 934 N.E.2d 623 (Ill. App. Ct. 2010). “" 10 ILCS 5/10-8 (West 2008). Section 7-61 further provides in relevant part as follows: "If the name of no established political party candidate was printed on the general *632 primary ballot for a particular office and if no person was nominated as a write-in candidate for…”
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