Solomon v. Scholefield
30 N.E.3d 480
Ill. App. Ct.2015Background
- Solomon filed nominating papers for South Suburban CC District 510 trustee; papers included seven circulator-signed sheets and two other signatures.
- Notaries, including Solomon's girlfriend Barlow, notarized circulators' signatures; dates on notarial certificates sometimes inconsistent.
- Objector Scholefield challenged (i) Solomon’s candidacy based on compensation; (ii) circulators’ notarization pattern showing fraud.
- Board invalidated papers on two grounds: (a) violation of 3-7(e) by compensation; (b) pattern of improper notarizations.
- Circuit court affirmed; appellate court reverses due to misapplied law and lack of proof of pattern of fraud.
- This decision centers on ballot access rights and strict limits on electoral-board authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does adjunct compensation disqualify Solomon under 3-7(e)? | Solomon argues compensation unrelated to board service is irrelevant. | Board found compensation violated 3-7(e) and questioned loyalty. | No; compensation unrelated to board service is irrelevant to qualification. |
| May board invalidate all sheets for notary pattern of fraud? | Board relied on a broad pattern to invalidate all sheets. | Pattern of fraud justifies broad invalidation to protect process. | Board exceeded authority; cannot invalidate all sheets absent proven pattern. |
| Did circulators personally appear before notary for notarizations? | Solomon contested that circulators appeared; no strict proof of lack. | Board relied on circulators’ lack of appearance to sustain objection. | Circulators did appear; no manifest weight support for invalidation. |
| Did board improperly create an incompatibility ground? | Incompatibility ground not raised by objector and exceeds board powers. | Board reasoned incompatibility could affect duties. | Board exceeded authority; not a valid basis to invalidate candidacy. |
Key Cases Cited
- Jackson v. Board of Election Commissioners, 2012 IL 111928 (Ill. 2012) (standard of review for electoral-board decisions; deference to factual findings)
- Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill. 2d 200 (Ill. 2008) (review of electoral-board determinations; mixed questions of fact and law)
- Cunningham v. Schaeflein, 2012 IL App (1st) 120529 (Ill. App. 1st 2012) (manifest weight/de novo review; pattern-of-fraud consideration)