Sutton v. Cook County Officers Electoral Board, 979 N.E.2d 515

Beatrice Sutton challenged David R. Page's nomination as the Democratic candidate for Illinois State Senator, 27th District, for the November 6, 2012 election.
No Democratic candidate sought the March 2012 primary, so the district’s Democratic committee designated a slate for the general election.
The committee nominated Page at a meeting on May 12, 2012; Page filed nominating papers with the Board on June 4, 2012.
Sutton opposed Page’s candidacy, alleging improper notice to committee members, improper proxy voting, and failure to file a timely Statement of Organization.
The Cook County Officers Electoral Board approved Page’s candidacy on August 24, 2012; the circuit court affirmed on August 30, 2012.
Sutton appealed, arguing the Board and circuit court erred on notice adequacy, proxy voting, and organizational filing; the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was notice to committee members adequate?	Sutton: notice failed as to content/method for some members.	Board: notice to all members substantially complied; form not mandatory.	Yes; notice substantially complied; not a ground to invalidate.
Is proxy voting by a committee member permissible?	Nesvacil’s proxy for Sances was unauthorized; invalidates Page’s nomination.	Board precedent allows proxy voting where no prohibition exists and majority of votes cast matters.	Proxy vote valid; Page received votes cast and nomination stands.
Does timely filing of the Statement of Organization affect validity of nomination?	Failure to file immediately invalidates nomination.	Directory provision; no sanctions for delay; ministerial act completed within 180 days.	Directory; filing within 180 days suffices; nomination valid.
Did the combination of notice, proxy voting, and organizational filing render Page ineligible for the ballot?	Cumulative defects void Page’s nomination.	No reversible errors; Board and circuit court correct.	No; Page’s nomination valid under substantial compliance and Board precedent.

Graham v. State Officers Electoral Board, 269 Ill. App. 3d 609 (1995) (some notice mandatory; manner/content not paramount)
People ex rel. Meyer v. Kerner, 35 Ill. 2d 33 (1966) (directory vs mandatory notice in elections)
Siegel v. Lake County Officers Electoral Board, 385 Ill. App. 3d 452 (2008) (substantial compliance doctrine)
Lucas v. Lakin, 175 Ill. 2d 166 (1997) (competitive elections favored; ballot access policy)
Welch v. Johnson, 147 Ill. 2d 40 (1992) (standing on form over substance; procedural rules)
Cunningham v. Schaeflein, 2012 IL App (1st) 120529 (2012) (ballot access rights; cautions against restricting voters)
Wisnasky-Bettorf v. Pierce, 2012 IL 111253 (2012) (statutory timing interpreted as directory)
Robinson, 217 Ill. 2d 58 (2005) (direction on mandatory vs directory procedural commands)
People v. Delvillar, 235 Ill. 2d 507 (2009) (directory vs mandatory analysis; sanctions absent)
Pullen v. Mulligan, 138 Ill. 2d 21 (1990) (mandatory vs directory interpretation framework)
Robinson, 217 Ill. 2d 58 (2005) (procedural command duration and directory language)