2022 IL App (4th) 220976
Ill. App. Ct.2022Background
- Peoria County Board approved a referendum to eliminate the county auditor on August 11, 2022; County Clerk Rachel Parker mistakenly transmitted an unapproved draft on August 19 and submitted the correct resolution to the Peoria County Election Commission on August 26, 2022 with a handwritten "nunc pro tunc for August 22, 2022" notation.
- Plaintiffs (Karrie Alms and Jessica Thomas) sued on September 15, 2022 seeking declaratory and injunctive relief, arguing the referendum was untimely and its wording was biased; they moved for a preliminary injunction to block the referendum from appearing on the November 8, 2022 ballot and later to bar counting/certifying the referendum results.
- The trial court denied the first injunction (ballot printing) because voting had already begun and indicated plaintiffs could seek narrower relief; it denied the second injunction (counting/certifying) after finding plaintiffs failed to raise a fair question on the merits and had not shown irreparable harm.
- The November 8 election occurred while this appeal was pending and the referendum vote was publicly reported as passing; certification had not yet been completed when the appellate court entered an order affirming the denial of the injunction.
- On appeal the Fourth District reviewed the injunction denial de novo (trial court made no factual findings on the legal questions) and affirmed, holding plaintiffs forfeited the irreparable-harm argument and failed to raise a fair question of likelihood of success on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness under 10 ILCS 5/28-2(c) (79‑day rule) | "Adopted" requires filing with the Election Commission by 79 days; Peoria’s filing Aug 26 missed the deadline | The statute requires that the governing board "adopt" the resolution at least 79 days before the election; board adopted it Aug 11, 2022 | Held: "adopted" means adoption by the board; board’s Aug 11 adoption satisfied 28‑2(c); plaintiffs failed to raise a fair question on timeliness |
| Ballot language fairness / advocacy (free and equal clause; 10 ILCS 5/9‑25.1) | Language was argumentative/slanted and urged a result (mentioned $150,000 savings), violating free and equal clause and ban on using public funds to advocate | Language was not the type typically prohibited; no cited authority showing this wording invalidates the referendum | Held: Plaintiffs offered no controlling authority; argument forfeited or fails to raise a fair question; combining related reasons in one question is permissible when reasonably related |
| Irreparable harm / adequacy of post‑election remedies | A free and fair election right would be irreparably harmed absent injunction and no adequate legal remedy exists | Post‑election statutory remedies exist (e.g., election contest procedures); plaintiffs offered only conclusory assertions | Held: Argument forfeited for lack of developed briefing and evidence; even on merits plaintiffs failed to plead particularized irreparable harm |
| Mootness re: canvass/certification | Sought injunction to bar canvass/certification after election | Defendants noted ballots were counted and results declared; certification pending | Held: Not moot while certification remained; court proceeded and affirmed denial on merits (no injunction warranted) |
Key Cases Cited
- Cooke v. Illinois State Board of Elections, 2021 IL 125386 (statutory interpretation: give plain meaning to statutory text)
- Clinton Landfill, Inc. v. Mahomet Valley Water Authority, 406 Ill. App. 3d 374 (App. 2010) (standard for preliminary injunction review)
- Coalition for Political Honesty v. State Board of Elections, 83 Ill. 2d 236 (Ill. 1980) (free and equal clause: separate unrelated questions cannot be combined)
- Jones v. Markiewicz‑Qualkinbush, 842 F.3d 1053 (7th Cir. 2016) (discussed viewpoint/ballot‑manipulation concerns but not controlling here)
- Feret v. Schillerstrom, 363 Ill. App. 3d 534 (App. 2006) (examples of a board "vot[ing] to adopt" a resolution)