ALDERMANIC ELECTION CONTESTS (2-8-210 et seq.)

Municipal Code of Chicago tit. 2, ch. 2-8, art. II

in effect

Municipal Code of Chicago § 2-8-210 Contesting of election - Conditions - Council authority.

2-8-210 Contesting of election - Conditions - Council authority. The election of any person declared elected to the office of alderman of any ward of the city may be contested by any elector of the ward for which such person is declared elected. The manner of conducting the contest shall be the same, as nearly as may be, as in the case of the contesting of the election of county officers under the laws of this state. The city council shall be the tribunal before which such contest shall be determined. (Prior code § 4-5)

Municipal Code of Chicago § 2-8-220 Statement of grounds of contest - Filing - Dismissal conditions.

2-8-220 Statement of grounds of contest - Filing - Dismissal conditions. When the elector who has the right to bring such contest shall desire to contest the election of a person declared elected to the office of alderman, or the right of any person to hold the office of alderman on account of the inability or failure of such person to qualify in accordance with law, or for any other legal reason, he shall, within 30 days after the person whose election is contested has been declared elected by the election commissioners, file with the city clerk a statement in writing, setting forth the grounds on which he will contest the election, which statement shall be verified by affidavit. No objection to such statement on account of informality or insufficiency shall lie, but such contest may be dismissed by the city council if it appears that the person bringing the contest is not a qualified elector of the ward for which the election is contested, or if the statement is not filed within the time fixed herein, or is not verified by affidavit, or has not been duly served by the delivery of a copy or by publication as hereinafter provided. (Prior code § 4-6)

Municipal Code of Chicago § 2-8-230 Notice of contest.

2-8-230 Notice of contest. Within ten days after filing his statement, the contestant in said aldermanic election contest shall also serve or cause to be served a copy thereof upon the person whose election he is contesting. In case such respondent is absent from the city or cannot be found, then service may be had by leaving a copy of such statement at the respondent's usual place of abode with some person of the family of the age of ten years or upwards and informing such person of the contents thereof. If such service cannot be had, and affidavit to that effect is filed with the city clerk within five days after the expiration of the time for securing service, then the city clerk shall cause service by publication to be made within ten days thereafter in the same manner and upon the same conditions as service is had in chancery cases in this state. In case of service by publication, the said contest shall not proceed until 30 days after the first date of publication, unless the person whose election is contested files his appearance before that time with the city clerk. (Prior code § 4-7)

Municipal Code of Chicago § 2-8-240 Witnesses and testimony.

2-8-240 Witnesses and testimony. Whenever the statement of the grounds of contest shall have been filed and served as aforesaid, it shall be the duty of the city council, upon the application of either party, to fix the time and place for taking the depositions of witnesses, or to cause a committee duly authorized to conduct the hearing to take such testimony. At the time and place so fixed, either party may proceed to take the testimony of any witnesses, in the same manner as provided by statute for taking depositions to be used in cases in chancery before any judge, master in chancery, justice of the peace, or notary public, and such taking of depositions may be continued from day to day thereafter until all the testimony shall have been taken. No testimony shall be taken or produced on the hearing except such as relates to the allegations set forth in the statement required to be filed with the city clerk and served upon the respondent as herein provided. (Prior code § 4-8)

Municipal Code of Chicago § 2-8-250 Recount of ballots.

2-8-250 Recount of ballots. In all contests of aldermanic elections either party shall have the right to have the package or packages of ballots which have been returned to the proper clerk or to the board of election commissioners, as required by law, opened before the committee conducting the hearing, in the presence of the officer having the custody thereof, and to have such ballots then and there counted by such committee, and the city council may require the same to be done by said committee in open session of the city council or may require a recount in open session in such manner as it may direct; provided, that such ballots shall not be counted where the contest is dismissed under the provisions of Section 2-8-220. (Prior code § 4-9)

Municipal Code of Chicago § 2-8-260 Filing of proofs.

2-8-260 Filing of proofs. In all cases of contested elections the proofs shall be taken and filed with the city clerk as hereinafter provided within 60 days from the day fixed for taking the same; provided, that the city council or the said committee may, from time to time, upon sufficient cause shown, extend the time for the taking and filing of such proofs. (Prior code § 4-10)

Municipal Code of Chicago § 2-8-270 Declaration of election - Conditions.

2-8-270 Declaration of election - Conditions. When all the evidence shall have been taken, the same shall be filed forthwith with the city clerk, who shall immediately lay it before the city council. The city council shall, thereupon, without delay, refer such evidence to the committee which conducted the hearing, or to some other appropriate committee, to investigate and report its conclusions on said evidence. The city council may require all the testimony and proofs taken to be read in open meeting of the council. Upon such report being made, the city council shall decide according to the right of the matter, and shall declare as elected the person who shall appear by the evidence to have been elected. Whenever it shall appear in any case that the person receiving the highest number of legal votes is ineligible to the office because of any legal disqualification, or for other causes, it shall, for that reason, be the duty of the city council to declare such election null and void, and immediately to call a special election to fill said office. (Prior code § 4-11)

Municipal Code of Chicago § 2-8-280 Declaration of election - Council authority.

2-8-280 Declaration of election - Council authority. The decision of the city council shall be final as to the election and qualification of any person whose election is contested or who is declared by it to have been elected alderman. (Prior code § 4-12)

Municipal Code of Chicago § 2-8-290 Ethics and campaign financing - Investigation responsibility.

2-8-290 Ethics and campaign financing - Investigation responsibility. The city council shall at all times maintain a standing committee having jurisdiction over the conduct of its members and its employees. Such committee shall have the responsibility for investigating allegations of misconduct by aldermen and city council employees, including allegations of violation of Chapter 2-156 of the Municipal Code, and for recommending to the city council appropriate corrective or disciplinary action against any alderman or employee of the city council for any such misconduct. The committee shall complete its investigation of any such allegations and present to the city council its report and recommendations on the investigation within one year from the date of receipt of the allegations. (Prior code § 4-12.1; Added Coun. J. 2-11-87, p. 39576; Amend 6-30-87, p. 1836; Amend Coun. J. 7-25-12, p. 31123, § 2)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2596353Fetched: 10/24/2026