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Illinois Compiled Statutes

10 ILCS 5/23-20 (2026)

The person desiring to contest such election shall, within thirty (30) days after the person whose election is contested is declared elected, file with the clerk of the proper court a petition, in writing, setting forth the points on which he will contest the election, which petition shall be verified by affidavit in the same manner as complaints in other civil cases may be verified

✓ current as of May 2026
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(10 ILCS 5/23-20) (from Ch. 46, par. 23-20)
    Sec. 23-20. The person desiring to contest such election shall, within thirty (30) days after the person whose election is contested is declared elected, file with the clerk of the proper court a petition, in writing, setting forth the points on which he will contest the election, which petition shall be verified by affidavit in the same manner as complaints in other civil cases may be verified. Copies of such petition shall be delivered by mail to each proper clerk or board of election commissioners who is a custodian of any ballots involved in the contest. The petition shall allege that the petitioner voted at the election, and that he believes that a mistake or fraud has been committed in specified precincts in the counting or return of the votes for the office or proposition involved or that there was some other specified irregularity in the conduct of the election in such precincts, and the prayer of the petition shall specify the precincts in which the recount is desired.
(Source: Laws 1957, p. 2388.)

    
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1999–2025 · leading case: Ontiveroz v. Khokhar, 2025 IL 130316 (Ill. 2025).
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Ontiveroz v. Khokhar, 2025 IL 130316 (Ill. 2025). · cites it 4× “See 10 ILCS 5/23-20 (West 2020) (the petition shall allege that petitioner voted in the election).”
Ontiveroz v. Khokhar, 2023 IL App (3d) 220446 (Ill. App. Ct. 2023). · cites it 5× “¶4 On May 27, 2021, the thirtieth day after the election results had been certified and the last day to file an election contest petition (see 10 ILCS 5/23-20 (West 2020)), petitioner filed his original petition in the instant case to contest the election results.”
DeFabio v. Gummersheimer, 717 N.E.2d 540 (Ill. App. Ct. 1999). · cites it 2× “DeFabio was required, pursuant to section 23-20 of the Election Code (10 ILCS 5/23-20 (West 1996)), to file his petition for election contest within 30 days after Gummersheimer was declared to be the winner of the coroner's race.”
Sherman v. Indian Trails Pub. Library Dist., 2012 IL App (1st) 112771 (Ill. App. Ct. 2012). “) 10 ILCS 5/23-20 (West 2010). ¶ 12 It is undisputed that public funds cannot be used to urge persons to vote in a particular way.”
DiFranco v. Fallon, 2023 IL App (1st) 220785 (Ill. App. Ct. 2023). “) 10 ILCS 5/23-20 (West 2018). DiFranco’s original petition sets forth certain points on which he would contest the election, mainly improperly counted ballots based on the discrepancy between the number of VBM ballots counted and the number of VBM ballot return - 17 - No.”
DeFabio v. Gummersheimer (Ill. App. Ct. 1999). · cites it 2× “DeFabio was required, pursuant to section 23-20 of the Election Code (10 ILCS 5/23-20 (West 1996)), to file his petition for election contest within 30 days after Gummersheimer was declared to be the winner of the coroner's race.”
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