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This entry was published on 2023-09-22
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SECTION 16-102
Proceedings as to designations and nominations, primary elections, etc
Election (ELN) CHAPTER 17, ARTICLE 16
§ 16-102. Proceedings as to designations and nominations, primary
elections, etc. 1. The nomination or designation of any candidate for
any public office or party position or any independent nomination, or
the holding of an uncontested primary election, by reason of a petition
for an opportunity to ballot having been filed, or the election of any
person to any party position, or the certificate to fill a vacancy in a
designation, may be contested in a proceeding instituted in the supreme
court by any aggrieved candidate, or by the chairman of any party
committee or by a person who shall have filed objections, as provided in
this chapter, except that the chairman of a party committee may not
bring a proceeding with respect to a designation or the holding of an
otherwise uncontested primary.

2. A proceeding with respect to a petition shall be instituted within
fourteen days after the last day to file the petition, within four days
after the last day that a certificate to fill a vacancy in a designation
shall be filed, or within three business days after the officer or board
with whom or which such petition was filed, makes a determination of
invalidity with respect to such petition or certificate to fill a
vacancy, whichever is later; except that a proceeding with respect to a
petition for a village election or a nomination for a special election
shall be instituted within seven days after the last day to file the
certificate or petition for such village election or nomination or
within three business days after the officer or board with whom or which
such certificate or petition was filed, makes a determination of
invalidity with respect to such certificate or petition, whichever is
later. A proceeding with respect to a primary, convention, meeting of a
party committee, or caucus shall be instituted within ten days after the
holding of such primary or convention or the filing of the certificate
of nominations made at such caucus or meeting of a party committee.

3. The court may direct reassembling of any convention or the holding
of a new primary election, or caucus where it finds there has been such
fraud or irregularity as to render impossible a determination as to who
rightfully was nominated or elected.

4. A final order including the resolution of any appeals in any
proceeding involving the names of candidates on ballots or voting
machines shall be made, if possible, at least five weeks before the day
of the election at which such ballots or voting machines are to be used,
or if such proceeding is commenced within five weeks of such election,
no later than the day following the day on which the case is heard.