Schwallenstecker v. Rull
977 N.E.2d 322
Ill. App. Ct.2012Background
- March 20, 2012 general primary for Macoupin County Board District 2; voters could vote for two candidates, Schwallenstecker, Rull, Wieseman.
- South Lawn Sheltered Care nursing home residents used absentee voting; county clerk involved through election judges and activity director; no resident applied for an absentee ballot.
- Election judges provided absentee applications and ballots at the nursing home on March 19, 2012; 20 residents applied, 13 did not list party affiliation.
- Ballots and applications were delivered to the county clerk by election judges; one ballot was rejected for unidentified reasons; 19 ballots were counted.
- Official results showed Wieseman 345, Rull 298, Schwallenstecker 289; after discarding 19 illegal absentee ballots, Schwallenstecker appeared to win the second Democratic nomination.
- Schwallenstecker filed an election contest; the trial court granted summary judgment invalidating the 19 absentee ballots due to violations of mandatory provisions of sections 19-3 and 19-6; Rull appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 19-6 violations are mandatory or directory. | Schwallenstecker argues 19-6 is mandatory to protect ballot integrity. | Rull argues provisions may be directory in this context. | Mandatory; ballots invalid. |
| Effect of invalid ballots on outcome; how to treat invalid absentee votes. | If invalid, recalculation would alter results in Schwallenstecker’s favor. | Invalidity would require apportionment; overall impact uncertain. | Ballots deemed invalid; Schwallenstecker the nominee. |
Key Cases Cited
- People v. Hays, 142 Ill. App. 3d 754 (Ill. App. 1986) (absentee-ballot submission standards safeguard election integrity; tampering concerns)
- Frese v. Camferdam, 76 Ill. App. 3d 68 (Ill. App. 1979) (mandatory ballot-submission procedure when ballots entrusted to others)
- Clark v. Quick, 377 Ill. 424 (Ill. 1941) (statutory ballot-submission procedure mandatory where ballots given to party officials)
- Pullen v. Mulligan, 138 Ill. 2d 21 (Ill. 1990) (mandatory vs. directory analysis; statutory role in election integrity)