Schmidt v. The Illinois State Board of Elections
68 N.E.3d 950
| Ill. App. Ct. | 2016Background
- Julie A. Schmidt objected to Anna Moeller’s Democratic nomination papers after learning Moeller had signed a Republican candidate’s nominating petition in the same election cycle.
- Moeller signed Democratic nominating sheets on September 5, 2015, signed a Republican candidate’s petition on September 26, 2015, and filed her Democratic statement of candidacy (notarized Nov. 19, 2015) on Nov. 23, 2015.
- Schmidt challenged Moeller under 10 ILCS 5/8-8, which bars a qualified primary elector from signing petitions for or being a candidate in the primary of more than one party.
- The State Officers Electoral Board granted Moeller’s summary-judgment motion, finding Moeller’s first act of affiliation (signing her Democratic petition) validated her Democratic candidacy and rendered any later Republican petition signature invalid.
- The Sangamon County circuit court affirmed the Board’s decision on judicial review. The appellate court accepted the public‑interest mootness exception and reviewed the Board’s statutory interpretation de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether signing a petition for one party and later signing/filing as a candidate of another party in the same cycle invalidates the later candidacy under 10 ILCS 5/8-8 | Schmidt: Any signature for another party in the same cycle bars Moeller from being a candidate for a different party; her nomination papers must be invalidated | Moeller: When multiple petitions are signed, the first signature (or first act of party affiliation) is valid and subsequent signatures for other parties are invalid, so her earlier Democratic signature validated her candidacy | Affirmed: Court follows Watkins—first signature in time is effective; Moeller’s Democratic petition/statement of candidacy was valid and later Republican signature was invalid |
Key Cases Cited
- Watkins v. Burke, 122 Ill. App. 3d 499 (Ill. App. Ct. 1984) (where a voter signs nominating petitions for more than one party, the first signature is valid and later signatures are invalid)
- Rosenzweig v. Illinois State Board of Elections, 409 Ill. App. 3d 176 (Ill. App. Ct. 2011) (applies 8-8 restrictions to candidacies where signing a petition for one party then running for another can indicate impermissible political maneuvering)
- Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill. 2d 200 (Ill. 2008) (statutory construction principles for Election Code interpretation)
- Citizens for John W. Moore Party v. Board of Election Commissioners, 794 F.2d 1254 (7th Cir. 1986) (policy rationale for restricting cross‑party petition circulation to prevent strategic manipulation of primaries)