Section 16-102. Proceedings as to designations and nominations, primary elections, etc  


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  • 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 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, 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, whichever is later; except that a proceeding with respect
      to a petition for a village election or an independent nomination for  a
      special  election  shall  be instituted within seven days after the last
      day to file the  petition  for  such  village  election  or  independent
      nomination 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,  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 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.