2021 IL 127206
Ill.2021Background
- Roger Agpawa pleaded guilty to federal mail fraud in 1999, completed probation and restitution by 2002.
- Agpawa was elected Markham mayor in 2017 but Cook County sought quo warranto, and the trial court barred him based on state-law disqualification for infamous crimes; the appellate court affirmed.
- In September 2018 Governor Rauner issued an untitled "Restoration of Rights of Citizenship" document for Agpawa; the trial court thereafter vacated its 2017 disqualification order, and Agpawa assumed office.
- In 2020 objectors challenged Agpawa’s 2020 candidacy before the municipal electoral board; the Board upheld his eligibility relying on the governor’s restoration and the prior circuit court order; a divided appellate court reversed.
- The Illinois General Assembly in May–June 2021 enacted Public Act 102-15 amending the Election Code and Municipal Code to expressly recognize gubernatorial restorations of rights as restoring eligibility to hold municipal office (the Act states it is declarative of existing law).
- The Illinois Supreme Court reversed the appellate court, held the governor’s 2018 restoration restored Agpawa’s Illinois citizenship rights (including eligibility for municipal office), rejected the objectors’ constitutional challenges to the amendment, and denied emergency election relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Governor can restore state citizenship rights (including eligibility for municipal office) after a federal conviction | Objectors: only a presidential pardon (or specific statutory mechanism) can remove disqualification from a federal conviction | Agpawa/Governor: governor may restore state citizenship rights and thereby remove collateral state-law disabilities | Court: Governor’s restoration removes Illinois collateral consequences and restores eligibility to hold municipal office |
| Whether the 2021 statutory amendment (Pub. Act 102-15) altered law retroactively or was invalid | Objectors: amendment was special legislation, vague, unconstitutional, and should not benefit Agpawa retroactively | State/Agpawa: amendment is declarative of existing law and valid; it confirms gubernatorial restorations restore eligibility | Court: amendment is a declaration of existing law, valid, and does not render Rauner’s 2018 action ineffective |
| Whether appellate court erred in rejecting precedent that permits gubernatorial restoration of state consequences of a federal conviction | Objectors: Gualano and similar authority do not authorize affecting federal convictions’ consequences | Agpawa: Gualano and precedent permit governor to mitigate collateral state-law consequences of federal convictions | Court: followed precedent allowing gubernatorial restorations to remove state-law disabilities and reversed the appellate majority |
| Whether emergency election relief (suppress votes/certification) was warranted | Objectors: votes for Agpawa should be suppressed and election voided given alleged ineligibility | Agpawa: certification should stand; prior restoration and circuit order settled eligibility | Court: denied emergency relief; certification stands |
Key Cases Cited
- People ex rel. Symonds v. Gualano, 124 Ill. App. 2d 208 (Ill. App. 1970) (upheld governor’s restoration of citizenship rights to remove state-law consequences of a federal conviction)
- People ex rel. Madigan v. Snyder, 208 Ill. 2d 457 (Ill. 2004) (explaining governor’s pardon power may remove or mitigate consequences of a crime)
- Bryant v. Board of Election Commissioners, 224 Ill. 2d 473 (Ill. 2007) (addressing restoration or pardon as means to remove disqualification for municipal office)
- Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill. 2d 200 (Ill. 2008) (describing scope of judicial review of electoral board decisions)
- Best v. Taylor Machine Works, 179 Ill. 2d 367 (Ill. 1997) (setting framework for evaluating special legislation challenges)