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the candidates nominated by his political party, upon the face of the returns, if he so desires, and may, in said county or any of the precinct [percincts] thereof as to the office for which he was a candidate, contest the election in such county or precinct by filing with the clerk of the County Court, except in the case of candidates for the nomination for State and Congressional offices and for the office of county judge, a petition in writing, setting forth the grounds of contest, which petition shall be verified by the affidavit of the petitioner or other person, and which petition shall be filed within five days after the completion of the canvass of the returns. The contestant shall also file with the canvassing board, which canvasses the returns for such nomination (and if for the nomination for an office, certified tabulated statements of the returns of which are to be filed with the Secretary of State), also with the county canvassing board, a notice of the pendency of the contest. In the case of a contest for the nomination for State and Congressional offices and for the office of county judge, said petition shall be filed in the office of the clerk of the Circuit Court. Authority and jurisdiction are hereby vested in the County Court or in the judge thereof in vacation, or in the Circuit Court or in the judges thereof in vacation, as the case may be, to hear and determine primary contests. When a petition to contest a primary shall be filed in the office of the clerk of the court, said petition shall forthwith be presented to the judge thereof, who shall note thereon the date of presentation, and shall also note thereon the day when he will hear the same, which shall not be more than five days thereafter, and shall order issuance of summons to each defendant named in the petition. Summons shall forthwith issue to each defendant named in the petition and shall be served in the same manner as is provided in cases in chancery. Summons may be issued and served in any county in the State. The case may be heard and determined by the County or Circuit Court in term time, or by the judges thereof in vacation, at any time not less than three days after service of process, and shall have preference in the order of hearing to all other cases. The petitioner shall give security for all costs. If, in the opinion of the court, in which the petition is filed, the grounds for contest alleged are insufficient in law, the petition shall be dismissed. If the grounds alleged are sufficient in law, the court shall proceed in a summary manner and may hear evidence, examine the returns, recount the ballots and make such orders and enter such judgment as justice may require. The court shall ascertain and declare by a decree, as in chancery to be entered of record in the proper court, the result of such election in the territorial area for which the contest is made. The judgment of the court shall be final. A certified copy of said decree shall forthwith be made by the clerk of the court and transmitted to the board canvassing the returns for such office; and in case of contest, if for nomination for an office, tabulated statements of returns for which are filed with the Secretary of State, also in the of. fice of the county clerk in the proper county. The proper canvassing board, or boards, as the case may be, shall correct the returns or the tabulated statement of returns in accordance with said decree.

§ 63. Nothing in this Act contained shall be construed to prevent the nomination of indepedent candidates by petition, as is now or may hereafter be provided by law. § 64. No spirituous, malt, vinous or intoxicating liquor shall be sold or given away, nor shall any saloon, bar-room or place where such liquor is sold or given away be open during the holding of any primary. Whoever violates the provisions of this section shall be fined in a sum not less than twenty-five nor more than one hundred dollars. It shall be the duty of the sheriff, constable, coroner and other officers of the county, the magistrates and mayors of cities to see that the provisions of this section are enforced. § 65. If any person whose vote is challenged, or any witness sworn under the provisions of this Act, shall knowingly, wilfully and corruptly swear falsely, he shall be deemed guilty of perjury and on conviction thereof shall be punished accordingly. § 66. (1) Whoever unlawfully votes more than once at any primary or offers to vote after having once voted at such primary, or knowing that he is not a qualified elector at a primary, wilfully votes at such primary, shall, on conviction thereof, be fined in a sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court. (2) Whoever wilfully aids or abets any one not legally qualified to vote at a primary in voting or attempting to vote at such primary: Ol' (3) By unlawful means prevents or attempts to prevent any primary elector from attending or voting at a primary; or (4) Gives or offers to give any valuable thing or bribe to any judge or clerk of a primary, as a consideration of some act to be done or omitted to be done contrary to his official duty in relation to such primary, shall, on conviction thereof, be fined in a sum of not exceeding one thousand dollars or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court; any judge or clerk who shall receive, request or demand any bribe or reward forbidden by this Act shall, on conviction, he liable to the same penalties as prescribed in this Act for giving or offering to give such bribe or reward. § 67. (1) Any person who shall give or solicit, request, demand or receive, directly or indirectly, any money, intoxicating liquor or other thing of value, or the promise thereof, either to influence his vote, or to be used, or under the pretense of being used, to procure the vote of any other person or persons or to be used at any poll or other place prior to or on the day of a primary for or against any candidate for office, or for or against any measure or question to be voted upon at such primary, shall he deemed guilty of the infamous crime of bribery in primaries, and upon conviction thereof in any court of record shall be sentenced to disfranchisement by the judge of such court for a term of not less than five and not more than fifteen wears, and to the county jail not less than three months or more than one Year, and to pay the cost of prosecution and stand committed to the county jail until such costs are fully paid. That for a conviction of

a second offense under this section, the first being alleged and proven, such offender shall be by sentence of the court forever thereafter disfranchised and deprived of the right to vote at a primary in this State, and be imprisoned in the county jail not less than one year, and be committed to jail in default of the payment of costs of prosecution until such costs are fully paid. Prosecutions may be had under this section by indictment in the Circuit Court, or by information in the County Courts, and the effect of a sentence of disfranchisement in either of said courts, both having jurisdiction of offenses hereunder, shall be to deprive such persons sentenced of the right to vote at any primary within this State for a period of time fixed by the court where such person shall be convicted under this section. Solicitations of any person, or giving of a loan of money, of the purchase of anything of value, or any other subterfuge, shall be deemed a violation thereof. (2) Any person who shall have been legally convicted and disfranchised by a court of competent jurisdiction, who shall, before the expiration of his term, of disfranchisement, vote or offer to vote at any primary within this State shall, upon indictment and conviction thereof in a court of competent jurisdiction, be confined in the penitentiary for a term of years not less than one nor more than ten years. § 68. Whoever is disorderly at a primary shall forfeit a sum not exceeding twenty-five dollars. $ 69. Whoever bets or wagers any money, property or other valuable thing upon the result of the primary, or bets or wagers money, property or other valuable thing upon the number of votes which may be given to any person at a primary, or shall receive the greatest number of votes at a primary, or agrees to pay any other person any money, property or other valuable thing in the event that a primary shall result in one way, or in the event that any person shall or shall not be nominated or shall receive a greater number of votes than others, upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court. § 70. (1) If any judge of a primary shall permit a person to vote whose vote is challenged, without the proof required in this Act; or (2) Shall knowingly and wilfully permit a person to testify as a witness contrary to the provisions of this Act; or (3) Shall knowingly permit a person to vote who is not qualified according to law; or (4) Shall knowingly receive and count more than one vote from the same person at the same primary for the same office, except as allowed by law; or (5) Shall refuse to receive the vote of a qualified elector at such primary, who will make the affidavit of and proof required by this Act; or (6) Shall be guilty of any fraud, corruption or manifest misbehavior; or (7) Shall open or unfold any ballot when the same is presented to be deposited in the ballot box : or

(8) Shall wilfully neglect to perform any of the duties required of him by this Act; shall, on conviction thereof, be fined in a sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court. § 71. If any person wilfully or corruptly ascertains, publishes or reveals how a primary elector voted at a primary, he shall, on conviction thereof, be fined in any sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court. § 72. If any clerk of a primary shall wilfully neglect to perform any duty required of him as primary clerk, or shall be guilty of a fraud, corruption or misbehavior, he shall, on conviction thereof, be fined in a sum not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or both, in the discretion of the court. § 73. If any judge, clerk or messenger, after having been deputed by the primary judges to carry the primary poll books, tally sheets and returns of such eloction to the place where by law they are required to be canvassed, wilfully or negligently fails to deliver such primary poll books, tally sheets or returns within a time prescribed by law, with the seal unbroken, he shall, upon conviction thereof, be fined in a sum not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or both, in the discretion of the court. § 74. If any county, city or town clerk wilfully refuses to perform any duty required of him by this Act, he shall, upon conviction thereof, be fined in a sum not exceeding five hundred dollars and shall be liable to the person injured by reason of such neglect or refusal in an amount not exceeding five hundred dollars, to be recovered in an action on the CaSe. § 75. If any person whose duty it is to canvass the returns or make a tabulated statement thereof, shall be guilty of fraud, corruption or misbehavior in not canvassing the returns or making a tabulated statement thereof, he shall, upon conviction, be fined in any sum not exceeding five hundred dollars or be imprisoned in the county jail not exceeding one year, or both, in the discretion of the court. $ 76. Whoever shall wilfully and wrongfully take or carry away from the place where it has been deposited for safe keeping, or deface, mutilate or change any primary poll book, tally sheet or ballot, or any name or figure therein, shall, upon conviction thereof, be fined in a sum not exceeding one thousand dollars or imprisonment in the county jail not exceeding one year, or both, in the discretion of the court. § 77. Any person or member of a board or any primary judge, clerk or other officer who is guilty of stealing, wilfully and wrongfully breaking, destroying, mutilating, defacing, falsifying or unlawfully moving or secreting or detaining the whole or any part of any ballot box, or any record, primary poll book, tally sheet, or copy thereof, oath, returns, or any other paper or document provided for in this Act, or who shall fraudulently make any entry, erasure or alteration therein, except as allowed and directed by the provisions of this Act, or who permits any other person so to do shall, upon conviction thereof, he

fined in a sum not exceeding one thousand dollars, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court. § 78. If any person shall commit any act prohibited herein or refrain from doing any act or duty required to be done herein, and if any person shall in any manner be guilty of a violation of this Act, whether the same is denominated an offense or not, and for which no punishment is herein specially provided, such person shall, upon conviction thereof, be fined in a sum not less than twenty-five nor more than one hundred dollars, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court. § 79. An Act entitled, “An Act to provide for the holding of primary elections by political parties,” approved March 9, 1910, in force July 1, 1910, as subsequently amended, and all other Acts and parts of Acts inconsistent with this Act, are hereby repealed: Provided, however, that nothing in this Act contained shall be construed as repealing or amending any part of an Act entitled, “An Act to provide for the holding of primary elections by political parties for the nomination of members of the General Assembly and the election of senatorial committeemen,” approved March 9, 1910, in force July 1, 1910, and as subsequently amended. § 80. The invalidity of any portion of this Act shall not affect the validity of any other portion thereof, which can be given effect without such invalid part. APPROVED June 28, 1919.

NOMINATIONS OF JUDGES OF SUPERIOR COURT OF COOK COUNTY AND C1RCUIT JUIDGES.

§ 1. Amends section 1, Act of 1917. § 2. Emergency.

§ 1. Provides for selection of
delegates to judicial
conventions.

(SENATE BILL No. 270. APPROVED APRIL 25, 1919.)

AN ACT to amend section 1 of an Act entitled, “An Act to provide for the nomination by political parties of the judges of the Superior Court of Cook County, and of all circuit judges.” SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly; . That section 1 of an Act entitled, “An Act to provide for the nomination by political parties of judges of the Superior Court of Cook County and of all circuit judges,” approved June 25, 1917, in force July 1, 1917, be, and the same is hereby amended so as to read as follows: § 1. That candidates of any political party as defined in section two of an Act entitled, “An Act to provide for the holding of primary elections by political parties,” approved March 9, 1910, in force July 1, 1910, for the office of judge of the Circuit Court in any county of the State of Illinois, and for the office of judge of the Superior Court of Cook County, shall be nominated at a convention of delegates of such party.

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