2023 IL App (4th) 221075
Ill. App. Ct.2023Background:
- Jessica Thomas was elected Peoria County Auditor to a four-year term in 2020 and sued in Nov. 2021 alleging reassignment of duties and planned budget cuts to her office.
- On Nov. 8, 2022, Peoria County voters approved a referendum asking whether to “eliminate the internal Office of County Auditor” because the county already had an external auditor; defendants notified Thomas the office would be abolished effective Nov. 30, 2022 and funding ceased.
- Thomas sought emergency leave to amend, a TRO, and a preliminary injunction arguing the referendum was vague and not self-executing (no effective date) and thus could not shorten her elected term under Leck and Lipinski.
- The trial court granted a TRO and then a preliminary injunction ordering defendants to maintain the auditor’s office status quo; defendants appealed, raising lack of standing, equitable balance, and lack of mandamus duty.
- The appellate court held standing was dispositive: the referendum validly eliminated the office upon certification, Thomas therefore lost any right to the office and lacked standing to obtain injunctive relief; the injunction was reversed and remanded to be dissolved.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to seek preliminary injunction | Thomas: referendum was vague/not self-executing (no effective date), so she retains an ascertainable right to complete her term | County: referendum eliminated the office upon voter approval so Thomas’s rights ceased and she has no injury | Held for County: referendum valid and effective upon certification; Thomas lost any right and lacked standing |
| Balance of equities for preliminary injunction | Thomas: irreparable harm from early abolition; maintaining status quo is minimal cost | County: public will and cost savings favor dissolution | Not reached on merits — disposition resolved on standing |
| Existence of clear duty to support mandamus relief | Thomas: defendants must fund and restore duties until term ends | County: no clear duty because office abolished | Not reached on merits — disposition resolved on standing |
Key Cases Cited
- Leck v. Michaelson, 111 Ill. 2d 523 (1986) (referendum invalid if too vague or non-self-executing because it cannot stand on its own terms)
- Lipinski v. Chicago Bd. of Election Comm’rs, 114 Ill. 2d 95 (1986) (Leck applied; referendum invalid when temporal effect and mechanics are unclear)
- Johnson v. Ames, 2016 IL 121563 (2016) (Leck/Lipinski require clarity but a referendum need not state an express date if its effect is reasonably discernible)
- Taylor v. County of St. Clair, 57 Ill. 2d 367 (1974) (constitutional provision permits local referendum to eliminate county offices without implementing statute)
- Anderson v. McHenry Township, 289 Ill. App. 3d 830 (1997) (when municipality dissolved by referendum officers must wind up affairs immediately and terms do not control)
- Village of Lake in the Hills v. Laidlaw Waste Sys., Inc., 143 Ill. App. 3d 285 (1986) (standing requires a clearly ascertainable right or interest needing protection)
- Jones v. Municipal Officers Electoral Bd., 2021 IL 126974 (2021) (referendum lacking explicit effective date can still have an ascertainable legal effective date upon certification)