153 N.E. 613 | Ill. | 1926
November 20, 1925, appellants filed their petition in the superior court of Cook county against the city of Calumet City to contest the special election held in that city November 14, 1925, for the purpose of voting upon the question of annexing territory to said city. The petition charges seven irregularities which appellants contend invalidate the election, namely: (1) That said election was not held in the room designated by the ordinance calling the special election and named in the notices as the place of the election but was held in another room in said city; (2) that the mayor and other persons electioneered and solicited votes in favor of annexation in and within 100 feet of the polling place; (3) that notice of the election was not posted in front of the polling place either before or during the election; (4) that the territory proposed to be annexed is not contiguous to the city of Calumet City; (5) that part of the territory proposed to be annexed was at the time of the election, and now is, a part of South Holland, an incorporated village in Cook county; (6) that the petition for annexation is not signed by a majority of the owners of real estate in said territory and is not signed by a majority of the legal voters in said territory; and (7) that after it had been signed by some of the signers the petition was altered. The general demurrer filed to the petition by the city was sustained and the petition was dismissed. This appeal followed.
The contest of an election is purely statutory, and in the absence of statutory authority the courts have no power to interfere with the declaration of the result of an election. (O'Connor v. High School Board,
Objections 1 and 2 are to mere irregularities which, in the absence of a showing that they affected the result of the election, will not invalidate it. (Choisser v. York,
The statute states that the contest shall be filed within thirty days after the result of the election has been determined. The result is not determined until the city council has examined and canvassed the returns made by the election officials and has declared the result of the election and caused a statement of the result to be entered upon its journal. Nowhere in the petition is it alleged that the city council has declared the result of this election, and for that reason it was properly dismissed.
The order of the superior court is affirmed.
Order affirmed. *579