Goodman v. Ward
241 Ill. 2d 398
| Ill. | 2011Background
- Ward sought nomination for 4th Subcircuit of the 12th Judicial Circuit but resided outside that subcircuit.
- Goodman objected under 10-8; two electoral board members held residency not required; one member disagreed.
- Circuit court reversed, ruling Ward ineligible; appellate court affirmed with one dissent.
- Ward admitted nonresidency at filing; he argued residency was not required until election.
- Statutes require a present qualification at filing; Constitution requires residency to select judges before petitions.
- Court treated the case as moot but reached merits on public interest grounds; ultimately affirmed lower court rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must a candidate be a resident of the subcircuit at filing? | Ward contends residency not required until election. | Goodman contends residency is required at filing. | Yes; residency required at filing |
| Does the statement of candidacy need present qualifications? | Ward argues present qualifications not enforced at filing. | Goodman asserts required qualifications include residency at filing. | Statement must reflect present qualifications |
| Do Election Code provisions align with constitutional residency requirements for judges? | Ward argues Code may be read to conflict with Constitution. | Goodman argues Code is consistent with constitutional criteria. | Election Code consistent with Constitution |
Key Cases Cited
- Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill.2d 200 (2008) (statutory statements of candidacy must be substantially complied with)
- Lewis v. Dunne, 63 Ill.2d 48 (1976) (purpose of candidacy statements is to establish qualifications)
- Delgado v. Board of Election Commissioners, 224 Ill.2d 481 (2007) (election board lacks authority to declare statutes unconstitutional)
- Lucas v. Lakin, 175 Ill.2d 166 (1997) (public interest and clarifying election law guidance)
- Thies v. State Board of Elections, 124 Ill.2d 317 (1988) (arguably ambiguous constitutional provisions for residency)
- Maddux v. Blagojevich, 233 Ill.2d 508 (2009) (residency-related eligibility for judicial office described)
- Hossfeld v. Illinois State Board of Elections, 238 Ill.2d 418 (2010) (de novo review where pure legal question on statutory interpretation)
- In re Golniewicz, 4 Ill. Cts. Com. 9 (2004) (judicial eligibility and residency considerations)