2021 IL App (1st) 210167-U
Ill. App. Ct.2021Background
- On December 21, 2020, Adonis Elam, Sr. filed independent nominating petitions for Riverdale Village Trustee with multiple circulators; the petitions contained more than the statutory minimum on their face.
- On December 30, 2020, Albert Jones and Larry Dean filed an objection arguing three circulators had illegally circulated petitions for a party candidate in the consolidated primary and later for Elam (an independent) in the consolidated general election.
- Elam moved to dismiss for lack of subject-matter jurisdiction, arguing the objectors’ petition lacked a filing day/hour stamp; he produced no documentary evidence or witnesses at the Board hearing.
- The Municipal Officers Electoral Board found the objection timely (relying on the Village receipt) and invalidated the signatures gathered by the three challenged circulators under the Election Code’s dual-circulation prohibition, leaving Elam with 9 valid signatures (below the 47 required).
- The Board struck Elam from the April 6, 2021 ballot; the circuit court affirmed, and Elam appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness / subject-matter jurisdiction (objector’s petition allegedly lacked day/hour) | Elam: petition invalid because no day/hour stamp on its face, so Board lacked jurisdiction | Board/Objectors: statute requires the election authority to note day/hour; Village receipt shows filing and creates presumption of validity | Court: factual question; Board’s finding that objection was timely is not against manifest weight; jurisdiction proper |
| Business-day calculation (whether objection was filed after deadline) | Elam: Dec. 24 is a business day so last day was Dec. 29; objection filed Dec. 30, so late | Board/Objectors: issue not raised below | Court: forfeited—may not be raised for first time on review |
| Dual-circulation under 10-4 (circulator worked for party primary then independent general) | Elam: different election phases; circulation for party in primary and for independent in general is permitted | Board/Objectors: 10-4 prohibits circulating for a party candidate and an independent for the same election cycle | Court: de novo review; follows First District precedent — dual-circulation prohibited; signatures by the three circulators invalidated, leaving Elam short of required signatures; removed from ballot |
Key Cases Cited
- Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill. 2d 200 (Ill. 2008) (electoral-board factual findings are prima facie true and reviewable for manifest weight).
- Thomas v. Powell, 289 Ill. App. 3d 143 (Ill. App. Ct. 1997) (municipality’s acceptance and filing of papers creates an inference of proper filing; courts cannot rely on mere assertions of timely filing).