Recounts and Challenging Election Results in Illinois

The 2020 presidential election has generated national discussion around the concept of election recounts. A key component to the conversation around recounts is an actual understanding of the nuanced process of election recounts, including what triggers a recount, how a recount is done, and what the end result of a recount could entail. Election recounts have been present throughout U.S. history at every level, from local office races to presidential elections. Each state has its own laws governing election recounts, which vary significantly from one another. Specific to us here, Illinois takes a fairly unique approach to the election recount procedure.

Illinois is one of 30 states that has no law mandating an automatic recount. For any recount to take place, it must be triggered by request. Illinois laws set a high bar for the request, however. A losing candidate must petition for a recount within 5 days after the results of a canvass have been announced. Additionally, a losing candidate can only petition for a recount if he/she received at least 95% of the votes that the winning candidate received. Alternatively, if the losing candidate does not petition for a recount, 5 registered voters in the area can petition for a recount on the losing candidate’s behalf if he/she meets the 95% vote requirement. Even if a candidate meets the requirements and petitions for a recount, Illinois law classifies this recount as a “discovery recount,” which cannot change the results of an election. The discovery recount results only inform a candidate of the results, and can subsequently be used by that candidate in an election contest proceeding in court.

As indicated above, a candidate who wishes to challenge the results of an election must do so by petitioning an Illinois court, contesting the election by alleging that the results were incorrect, either through fraud, mistake, or some other irregularity. The type of election will determine which court has jurisdiction. The court, after receiving the petition, will hold a hearing to determine which jurisdictions, if any, should hold a court-ordered recount. This is where a candidate may use the results of the discovery recount to support his/her challenge. Ultimately, a court order is the only method by which an Illinois election result can be changed.

In sum, Illinois laws make it fairly difficult for a challenging candidate to trigger a recount, let alone change the results of an election. That is why it is so important for anyone wishing to run for office in Illinois to fully understand this process, as well as those wishing to be informed Illinois voters. Complete details on Illinois election laws are located in the Illinois Election Code in Chapter 10 of the Illinois Compiled Statutes. If you have any questions on the recount process in Illinois or election law in general, please contact Joe Vito at jvito@lavellelaw.com or 847-705-7555.