Lawrence v. Williams
2013 IL App (1st) 130757
| Ill. App. Ct. | 2013Background
- Lawrence obj. challenged three candidates’ nomination papers as not securely bound under 10-4 Election Code.
- Electoral Board convened 1/12/2013 to adopt rules; 1/28/2013 hearing sustained objections and disqualified candidates.
- Papers were unbound at filing; a bound copy with binder clip was later provided by candidates.
- Board reconvened 2/1/2013; two members signed written decisions with only one member present.
- Circuit court reversed, but this appeal focuses on Open Meetings Act violations and incomplete record preventing review.
- Board failed to timely file a complete record of proceedings, undermining jurisdiction
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Open Meetings Act violations barred review. | Lawrence argues board actions void for noncompliance. | Lawrence contends violations but review should proceed if evidence sufficient. | Jurisdiction lacking due to Open Meetings Act violations. |
| Whether the electoral board issued final decisions in compliance with law. | No final written decisions issued with a quorum. | Decisions were issued; signatures and open discussion adequate. | No final decisions without quorum; invalid under law. |
| Whether the incomplete record deprived the circuit court of jurisdiction. | Record was incomplete; improper for review. | Record cure possible; not fatal. | Incomplete record defeats jurisdiction; review dismissed. |
Key Cases Cited
- Rivera v. City of Chicago Electoral Board, 2011 IL App (1st) 110283 (Ill. App. 1st Dist. 2011) (jurisdictional requirements for election cases must be followed)
- Hough v. Will County Board of Elections, 338 Ill. App. 3d 1092 (Ill. App. 4th Dist. 2003) (failure to comply invites dismissal for lack of jurisdiction)
- Lockhart v. Cook County Officers Electoral Board, 328 Ill. App. 3d 838 (Ill. App. 1st Dist. 2002) (standard of review governs board decisions on appeal)
- Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill. 2d 200 (Ill. 2008) (facts and law reviewed de novo; findings of fact given deferential weight)
- Girot v. Keith, 212 Ill. 2d 372 (Ill. 2004) (de novo review of legal questions; due process considerations)
- Powell v. East St. Louis Electoral Board, 337 Ill. App. 3d 334 (Ill. App. 5th Dist. 2003) (Open Meetings Act compliance critical to validity of proceedings)