ILCS » Chapter 10 · Act 5
Illinois Compiled Statutes

10 ILCS 5/23-23.2 (2026)

A court hearing an election contest pursuant to this Article or any other provision of the law shall grant a petition for a recount properly filed where, based on the facts alleged in such petition, there appears a reasonable likelihood the recount will change the results of the election

✓ current as of May 2026
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(10 ILCS 5/23-23.2) (from Ch. 46, par. 23-23.2)
    Sec. 23-23.2. A court hearing an election contest pursuant to this Article or any other provision of the law shall grant a petition for a recount properly filed where, based on the facts alleged in such petition, there appears a reasonable likelihood the recount will change the results of the election.
(Source: P.A. 84-586.)

    
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1993–2023 · leading case: DiFranco v. Fallon, 2023 IL App (1st) 220785 (Ill. App. Ct. 2023).
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DiFranco v. Fallon, 2023 IL App (1st) 220785 (Ill. App. Ct. 2023). · cites it 2× “) 10 ILCS 5/23-23.2 (West 2018). DiFranco appears to argue he was entitled to a recount based on the allegations in his petition alone and the court should not have considered the evidence submitted in connection with the motion for summary judgment.”
DeFabio v. Gummersheimer, 717 N.E.2d 540 (Ill. App. Ct. 1999). “2 provides that in an election contest such as in the case at bar, a recount of the vote is to be allowed "where, based upon the facts alleged in such petition, there appears a reasonable likelihood the recount will change the results of the election.”
O'Neal v. Shaw, 618 N.E.2d 780 (Ill. App. Ct. 1993). “2 (now 10 ILCS 5/23-23.2 (West 1992)).) If the court determines that the complaint is insufficient in law, the mandatory language of the statute requires the court to dismiss the complaint, thus terminating the jurisdiction of the circuit court.”
DeFabio v. Gummersheimer (Ill. App. Ct. 1999). “2 provides that in an election contest such as in the case at bar, a recount of the vote is to be allowed "where, based upon the facts alleged in such petition, there appears a reasonable likelihood the recount will change the results of the election.”
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