Johnson v. Ames
2016 IL 121563
| Ill. | 2017Background
- Maxine Johnson submitted a referendum to place term limits for Broadview village president on the Nov. 8, 2016 ballot, limiting to two consecutive full four-year terms.
- The Broadview electoral board invalidated the referendum as vague and ambiguous, saying it did not clearly state whether limits applied retroactively or prospectively.
- Johnson sought judicial review; the circuit court reversed the board and ordered the proposition placed on the ballot; the appellate court affirmed.
- The referendum appeared on the ballot and passed on Nov. 8, 2016; release of results was briefly enjoined pending further appeal.
- The appellate court issued a Rule 316 certificate of importance on the single question whether the ballot language was vague; the Illinois Supreme Court expedited review and affirmed the appellate court.
Issues
| Issue | Plaintiff's Argument (Johnson) | Defendant's Argument (Ames) | Held |
|---|---|---|---|
| Whether the referendum was void for vagueness/ambiguity (temporal reach and internal conflict between clauses) | Language is sufficiently clear; it applies to eligibility for elections beginning with April 4, 2017, and defines the two-term bar for those who have been previously elected | Omission of an express temporal start and use of “previously” creates ambiguity; clauses conflict about whether term limits apply retroactively or only to winners of April 2017 election | The referendum is not vague or ambiguous; read as whole it prospectively alters eligibility for elections beginning April 4, 2017 and is self-executing |
Key Cases Cited
- Leck v. Michaelson, 111 Ill. 2d 523 (1986) (referendum must be self-executing and not leave significant gaps)
- Lipinski v. Chicago Bd. of Election Comm’rs, 114 Ill. 2d 95 (1986) (referendum language cannot be internally contradictory or create unresolved implementation questions)
- Jackson-Hicks v. East St. Louis Bd. of Election Comm’rs, 2015 IL 118929 (administrative review of electoral board decisions and standard of review)
- Goodman v. Ward, 241 Ill. 2d 398 (2011) (eligibility for office is assessed when nominating papers are filed)
- Jackson v. Bd. of Election Comm’rs, 2012 IL 111928 (timing of eligibility determinations for candidates)
- Blumenthal v. Brewer, 2016 IL 118781 (court may take judicial notice of public records)