ARTICLE XII.

CONTESTING ELECTIONS.

WHEN LEGISLATURE TO HEAR.] [Section 94, original act.] Section 1. The General Assembly, in joint session, shall hear and determine cases of contested elections of Governor and lieutenant Governor. Secretary of State, Auditor of public Accounts. Treasurer. Superintendent of Public Instruction. Trustees of the University of Illinois and Attorney General. The meeting of the two houses, to decide upon such election shall be held in the hall of the House of Representatives, and the the Speaker of the House shall preside.

SENATORS AND REPRESENTATIVES.] [Section 95. original act.] Section 2. The Senate and House of Representatives shall severally hear and determine contests of the election of their respective members.

BY SUPREME COURT.] [Section 96, original act.] Section 3. The Supreme Court shall hear and determine contests of the election of judges of the Supreme Court, clerks of the Supreme Court, judges of the Circuit Court, judges of the Superior Court of Cook County. members of the State Board of Equalization; but no judge of the Supreme Court shall sit upon the hearing of any case in which he is a party.

BY CIRCUIT COURTS.] [Section 97, original act.] Section 4. The Circuit Courts in the respective counties, and in Cook county in the superior court also. may have [hear] and determine contests of the election of judges of the county courts, mayors of cities, presidents of county boards, presidents of villages, in reference to the removal of county seats and in reference to any other subject which may be submitted to the vote of the people of the county, and concurrent jurisdiction with the county court in all cases mentioned in section ninety-eight (98).

BY COUNTY COURT.] [Section 95, original act.] Section 5. The County Court shall hear and determiné contests of election of all other county, town and precinct officers, and all other officers for the contesting of whose election no provision is made.

ELECTION OF STATE OFFICERS-PETITION OF CONTESTANT.] [Section 99, original act.] Section 6. When any elector shall desire to contest the election of Governor. Lieutenant-Governor, Secretary of State. Auditor of Public Accounts. Treasurer, Superintendent of Public Instruction or Attorney General, he shall, within ten days after the result of the election shall have been determined, present a petition to the General Assembly, setting forth the points on which he will contest such election, and praying for leave to produce his proof.

JOINT COMMITTEE TO TAKE TESTIMONY.] [Section 100. original act. Section 7. The General Assembly shall appoint a joint committee to take the testimony on the part of the petitioner, and the person whose place is contested.

POWERS OF JOINT COMMITTEE.] [Section 101, original act.] Section 8. The committee so appointed shall have power to send for witnesses, and compel the attendance of witnesses and the production of papers, issue commissions under the hand of its chairman, to any officer authorized to take depositions in other cases, to take the depositions of witnesses upon the points set forth in the petition, at such time and place as the commission shall direct.

NOTICE.] [Section 102 original act.] Section 9. Reasonable notice shall be given by the party in whose favor the deposition is to be taken, to the opposite party, of the time and place of taking the

same.

TESTIMONY.] [Section 103, original act.] Section 10. No testimony shall be taken except upon the points set forth in the petition. REPORT OF COMMITTEE HEARING-DECISION.] [Section 104, original act.] Section 11. The committee shall report the facts to the House, and a day shall be fixed by a joint resolution for the meeting of the two houses to decide upon the same, in which decision the yeas and nays shall be taken and entered upon the journal.

WHO MAY CONTEST SENATOR OR REPRESENTATIVE.] [Section 105, original act.] Section 12. The election of any member declared duly elected to a seat in the Senate or House of Representatives of the General Assembly may be contested by any qualified voter of the county or district to be represented by such Senator or Representative.

NOTICE OF CONTEST.] [Section 106, original act.] Section 13. The contestant shall, within thirty days after the result of the election shall have been determined, serve on the person whose election he will contest a notice of his intention to contest such election, expressing the points on which the same will be contested; and shall, also, on or before the next session of the General Assembly, deliver a copy of such notice to the Secretary of State. In case the person whose election is contested is absent, or can not be found, service may be had by leaving a copy of such notice at his usual place of residence.

TESTIMONY-HOW TAKEN [Section 107, original act.] Section 14. Whenever a notice shall have been given of intention to contest an election, as provided in the preceding section, either party may proceed to take testimony of any witness before any judge, justice of the peace, clerk of a court, master in chancery or notary public. on giving to the adverse party, or his attorney, ten days' notice of the time and place of taking the same, and one day in addition thereto (Sunday inclusive) for every fifty miles' travel from the place of residence of such party to the place where such deposition is to be taken. If the party entitled to notice resides in the county where the deposition is to be taken, five days' notice shall be sufficient.

POWER OF OFFICER TAKING TESTIMONY.] [Section 108, original act. Section 15. The officer before whom depositions are taken shall have power to compel the production of papers and the attendance of witnesses; and the same proceedings may be had to compel

the attendance of witnesses as are provided in the case of taking depositions to be used in courts of law and equity.

DEPOSITIONS, ETC., TO BE SENT TO SECRETARY OF STATE.] [Section 109, original act.] Section 16. A copy of the notice to take deposi tions, with proof of the service thereof, with the deposition, shall be sealed up and transmitted by mail or otherwise, to the Secretary of State, with an indorsement thereon, showing the names of the contesting parties, the office contested, and the nature of the papers.

DELIVERY OF NOTICE OF CONTEST, ETC.-DUTY OF PRESIDING OFFICER.] [Section 110, original act.] Section 17. The Secretary of State shall deliver the copy of the notice deposited with him by the contestant and the depositions unopened to the presiding officer of the branch of the General Assembly to which the contest relates on or before the second day of its session next after the receipt of the same; and the presiding officer shall immediately give notice to his house that such papers are in his possession.

RIGHTS OF EITHER HOUSE SAVED.] [Section 111, original act.] Section 18. Nothing herein contained shall be construed to abridge the right of either branch of the General Assembly to grant commissions to take depositions, or to send for and examine any witneses it may desire to hear on such trial.

WHO MAY CONTEST ELECTION OF OTHER OFFICERS.] [Section 112, original act.] Section 19. The election of any person declared elected to any office other than Governor, Lieutenant-Governor. Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction, Attorney General, Senator or Representative, may be contested by any elector of the State, judicial division, district, county, town or precinct in and for which the person is declared elected.

CONTESTANT TO FILE STATEMENT, ETC.] [Section 113, original act.] Section 20. The person desiring to contest such election shall, within thirty days after the person whose election is contested is declared elected, file with the clerk of the proper court a statement, in writing, setting forth the points on which he will contest the election, which statement shall be verified by affidavit in the same manner as bills in chancery may be verified.

SUMMONS. [Section 114, original act. Section 21. Upon the filing of such statement, summons shall issue against the person whose office is contested, and he may be served with process. or notified to appear, in the same manner as is provided in cases in chancery.

EVIDENCE.] [Section 115, original act.] Section 22. Evidence may be taken in the same manner and upon like notice as in cases in chancery.

TRIAL] [Section 116, original act.] Section 23. The case shall be tried in like manner as cases in chancery, and may be heard and determined by the court in term time, or by the judge in vacation, at any time not less than ten (10) days after service of process, or at any time after the defendant is required by notification to appear,

and shall have preference in the order of hearing to all other cases. The court in term time, or the judge in vacation, may make and enforce all necessary orders for the preservation and production of the ballots, poll books, tally papers, returns, registers and other papers or evidence that may bear upon the contest.

OTHER ELECTIONS CONTESTED. [Section 117. original act.] Section 24. Any five electors of the county may contest an election upon any subject which may by law be submitted to a vote of the people of the county, upon filing in the circuit court, within thirty days after the result of the election shall have been determined, a written statement in like form as in other cases of contested elections in the circuit court. The county shall be made defendant, and process shall be served as in actions against the county; and like proceedings shall be had as in other cases of contested elections before such

court.

WHEN ELECTOR MAY DEFEND FOR COUNTY.] [Section 118, original act.] Section 25. In case the county board shall fail or refuse properly to defend such contest, the court shall allow any one or more electors of the county to appear and defend, in which case the electors so defending shall be liable for the costs, in case the judgment of the court shall be in favor of the contestant.

JUDGMENT.] [Section 119, original act.] Section 26. The judgment of the court in cases of contested elections, shall confirm or annul the election according to the right of the matter; or, in case the contest is in relation to the election of some person to an office, shall declare as elected the person who shall appear to be duly elected.

TIE.] [Section 120, original act.] Section 27. If it appears that two or more persons have, or would have had, if the legal ballots cast, or intended to be cast for them had been counted, the highest and an equal number of votes for the same office, the persons receiving such vote shall decide by lot, in such manner as the court shall direct, which of them shall be declared duly elected; and the judgment shall be entered accordingly.

CERTIFIED COPY OF JUDGMENT.] [Section 121, original act.] Section 28. A certified copy of the judgment of the court shall have the same effect as to the result of the election, as if it had been so declared by the canvassers.

WHEN ELECTION ADJUDGED VOID.] [Section 122, original act.] Section 29. When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person receiving the next highest number of votes shall not be declared elected, but the election shall be declared void.

APPEAL.] [Section 123, original act.] Section 30. In all cases of contested elections in the circuit courts or county courts, appeals may be taken to the Supreme Court in the same manner, and upon like conditions as is provided by law for taking appeals in cases in chancery from the circuit courts.

BALLOTS TO BE OPENED.] ]Sections 60 and 314, original act.] Section 31. In all cases of contested elections, the parties contesting the same shall have the right to have the package of ballots cast at such election opened, and to have all errors of the judges in counting or refusing to count any ballot, corrected by the court or body trying such contest; but such ballots shall be opened only in open court, or in open session of such body, and in the presence of the officer having the custody thereof.

ARTICLE XIII.

OFFENSES AND PENALTIES.

LIQUOR.] [Section 79, original act.] Section 1. No spirituous, malt, vinous or intoxicating liquor shall be sold or given away at retail, nor shall any dram-shop, saloon or bar-room or place where such liquor is so sold or given away, be open upon any general or special election day within one mile of the place of holding an election. Whoever violates the provisions of this section shall be fined in a sum not less that $25 nor more than $100. It shall be the duty of the sheriff, coroner, constables and other officers of the county, and magistrates, to see that the provisions of this section are enforced.

FALSE SWEARING.] [Section 80, original act.] Section 2. 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.

REGISTRY.] [Part section 142, original act.] Section 3. Any person who shall wilfully make to any board of registry, any false statement in relation to his location, residence or qualification to vote, or to be registered at any election, or in any election precinct or district, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished with a fine of fifty dollars, or by imprisonment in the county jail for a period of ten days, or by both such fine and imprisonment.

FRADULENT REGISTRATION FALSE SWEARING, ETC.] [Part section 147, original act.] Section 4. Any person who shall cause his name to be registered in more than one election district, or who shall cause his name to be registered, knowing that he is not a qualified voter in the district where such registry is made, or who shall falsely personate any registered voter, and any person causing, aiding or abetting any person, in any manner, in either of said acts, shall be punished, for each and every offense, by imprisonment in the State prison for not less than one year. All intentional false swearing before said board of registration shall be deemed willful and corrupt perjury, and, on conviction, punished as such.

ILLEGAL VOTING.] [Section 81, original act.] Section 5. Whoever unlawfully votes more than once at any election, or offers to