§12-8  Nomination papers; challenge;evidentiary hearings and decisions.  (a)  All nomination papers filed inconformity with section 12-3 shall be deemed valid unless objection is madethereto by a registered voter, an officer of a political party whose name is onfile with the chief election officer, the chief election officer, or the countyclerk in the case of a county office.  All objections shall be filed in writingnot later than 4:30 p.m. on the thirtieth day or the next earliest working dayprior to the primary or special election.

(b)  If an objection is made by a registeredvoter, the candidate objected thereto shall be notified of the objection by thechief election officer or the clerk in the case of county offices by registeredor certified mail.

(c)  If an objection is filed by an officer ofa political party with the circuit court, the candidate objected thereto shallbe notified of the objection by an officer of the political party by registeredor certified mail.

(d)  Except for objections by an officer of apolitical party filed directly with the circuit court, the chief electionofficer or the clerk in the case of county offices shall have the necessarypowers and authority to reach a preliminary decision on the merits of theobjection; provided that nothing in this subsection shall be construed toextend to the candidate a right to an administrative contested case hearing asdefined in section 91-1(5).  The chief election officer or the clerk in thecase of county offices shall render a preliminary decision not later than fiveworking days after the objection is filed.

(e)  If the chief election officer or clerk inthe case of county offices determines that the objection may warrant thedisqualification of the candidate, the chief election officer or clerk shallfile a complaint in the circuit court for a determination of the objection;provided that such complaint shall be filed with the clerk of the circuit courtnot later than 4:30 p.m. on the seventh working day after the objection wasfiled.

(f)  If a political party objects to thenomination paper filed by a candidate because the candidate is not a member ofthe party pursuant to the party's rules filed in conformance with section11-63, an officer of the party whose name appears on file with the chiefelection officer shall file a complaint in the circuit court for a promptdetermination of the objection; provided that the complaint shall be filed withthe clerk of the circuit court not later than 4:30 p.m. on the thirtieth workingday or the next earliest working day prior to that election day.

(g)  If an officer of a political party whosename appears on file with the chief election officer, the chief electionofficer, or clerk in the case of county offices files a complaint in thecircuit court, the circuit court clerk shall issue to the defendants named inthe complaint a summons to appear before the court not later than 4:30 p.m. onthe fifth day after service thereof.

(h)  The circuit court shall hear the complaintin a summary manner and at the hearing the court shall cause the evidence to bereduced to writing and shall not later than 4:30 p.m. on the fourth day afterthe return give judgment fully stating all findings of fact and of law.  Thejudgment shall decide the objection presented in the complaint, and a certifiedcopy of the judgment shall forthwith be served on the chief election officer orthe clerk, as the case may be.

(i)  If the judgment disqualifies thecandidate, the chief election officer or the clerk shall follow the proceduresset forth in sections 11-117 and 11-118 regarding the disqualifications ofcandidates. [L 1970, c 26, pt of §2; am L 1973, c 217, §2(d); am L 1975, c 36,§2(4); am L 1977, c 189, §2(2); am L 1990, c 125, §1; am L Sp 1995, c 27, §§8,15; am L 1997, c 288, §3; am L 1999, c 141, §3]

 

Attorney General Opinions

 

  Nomination papers of a party candidate may be challenged ifcandidate is not a party member.  Att. Gen. Op. 72-1.