Rosenzweig v. Illinois State Board of Elections
409 Ill. App. 3d 176
| Ill. App. Ct. | 2011Background
- Hebda signed a Democratic nominating petition for Sente in Sept 2009, while self-identifying as a Republican voter.
- Hebda then signed her own nominating petition to run in the Republican primary in Oct 2009 and filed November 2, 2009.
- Rosenzweig objected, arguing Hebda was not a qualified Republican elector because she signed a Democratic petition.
- The Board initially found Hebda’s petitions valid, but a hearing examiner favored invalidity based on party-affiliation rules; General Counsel disagreed.
- The circuit court reversed, Hebda appealed, and this court previously affirmed but was stayed pending reconsideration under Hossfeld; the issue is whether the remaining restriction in 8-8 prohibits signing for one party and running as a candidate for another in the same cycle.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether signing for one party and running for another violates 8-8 | Hebda violated 8-8 by signing for a Democratic candidate and later running Republican. | Board/ Hebda argued the one remaining restriction applies to voters or candidates; interpretation favors Board. | Yes; the restriction prohibits signing for one party and running in another in the same cycle. |
| Interpretation of the 'or' language in 8-8 | Hebda argues the word 'or' creates two separate prohibitions. | Board argues the combined effect still bars both actions. | Even under Hebda’s view, she violated by first signing Democratic petition and then running Republican. |
| Impact of first-signature rule on multi-party petitions | Watkins rule renders first signature valid, later ones invalid. | Board contends the same logic applies to petitions for candidates of more than one party. | The first-signature rule applies; Hebda’s actions still violate 8-8. |
Key Cases Cited
- Hossfeld v. Illinois State Board of Elections, 238 Ill.2d 418 (2010) (history of party-switching restriction and its limits; only 8-8 remains substantive)
- Cullerton v. Du Page County Officers Electoral Board, 384 Ill.App.3d 989 (2008) (one-party affiliation; improper to sign for multiple parties within cycle)
- Watkins v. Burke, 122 Ill.App.3d 499 (1984) (first signature valid; subsequent conflicting signatures invalid)
- Lucas v. Lakin, 175 Ill.2d 166 (1997) (signature indicates support of candidate; informs party affiliation)