Cunningham v. SCHAEFLEIN
969 N.E.2d 861
Ill. App. Ct.2012Background
- Cunningham sought Republican nomination for U.S. Congress in IL-11 and filed 1,265 signatures for a 600-signature requirement.
- Objectors Schaeflein and Brezinski challenged petition validity, focusing on circulator Charles Leslie’s address on affidavits.
- Board invalidated all signatures on Leslie’s sheets due to address error, leaving Cunningham short of the minimum.
- Circuit court reversed, ordering Cunningham on the ballot.
- On remand, Board found Leslie and Lawrence Weed routinely failed to appear before notary Lisa Hwang; Board invalidated Leslie’s and Weed’s sheets, leaving 319 valid signatures; Cunningham to be withheld from the ballot.
- This opinion supplements prior order and analyzes the validity rules governing circulator affidavits and notarization under the Election Code.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether minor address error invalidates all signatures | Leslie’s address transcription was a minor error; substantial compliance suffices. | The affidavit’s address requirement is mandatory; any failure invalidates signatures. | Minor address error does not invalidate all signatures; substantial compliance preserved signatures. |
| Whether pattern of improper swearing requires invalidating all sheets | Pattern evidence should not extend beyond the specific petitions objected to. | Pattern of improper swearing justifies invalidating all sheets circulated by those circulators. | Pattern of improper swearing warrants invalidating all sheets circulated by Leslie and Weed; Cunningham lacks enough valid signatures. |
| Whether evidence of improper swearing could be considered despite petition petitioners not raising it | Evidence about notary practice not properly raised; cannot be used to invalidate signatures. | Evidence contributes to the general objection and protection of the electoral process. | Evidence properly before the Board; Delay framework allows consideration of general objections; Court may affirm on this basis. |
Key Cases Cited
- Ryan v. Landek, 159 Ill.App.3d 10 (1987) (address minor error not fatal to ballot access when circulator residence is evidenced elsewhere)
- Sakonyi v. Lindsey, 261 Ill.App.3d 821 (1994) (circulator address missing but found elsewhere may save petitions; emphasis on integrity of oath)
- Delay v. Board of Election Commissioners, 312 Ill.App.3d 206 (2000) (evidence beyond specific objections must bear on general objections; board may consider it if relevant to integrity of process)
- Bowe v. Chicago Electoral Board, 79 Ill.2d 469 (1980) (failure to swear before notary invalidates petition sheet signatures)
- Huskey v. Municipal Officers Electoral Board, 156 Ill.App.3d 201 (1987) (pattern of disregard for Election Code warrants invalidating sheets bearing that circulator’s signature)
- Canter v. Cook County Officers Electoral Board, 170 Ill.App.3d 364 (1988) (pattern of improper swearing can affect validity of signatures on circulated sheets)