Wisnasky-Bettorf v. Pierce
965 N.E.2d 1103
Ill.2012Background
- Republican primary left office of board of review for St. Clair County without a nominee on the ballot.
- St. Clair County GOP designated Wisnasky-Bettorf as appointee for the board of review via a March 25, 2010 vote.
- April 1, 2010 filing: committee submitted a resolution/certificate of appointment under section 7-61; April 16, 2010 nominating petitions and appointment notice filed.
- April 26, 2010 objector Pierce challenged ballot placement, claiming no timely filing of a 7-61 resolution.
- Electoral board removed Wisnasky-Bettorf from the ballot for the November 2, 2010 election; circuit court upheld removal on review.
- Appellate court affirmed, holding paragraph 3 of 7-61 required a resolution for vacancies created by primary nominations; Illinois Supreme Court reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 7-61 paragraph 9 governs vacancies when no primary candidate existed | Wisnasky-Bettorf argues paragraph 9 controls; no original candidate existed. | Pierce argues paragraph 3 governs; resolution required. | Paragraph 9 applies; paragraph 3 does not. |
| Whether the case is moot and yet subject to public-interest review | Case should be resolved to guide future elections. | Election already occurred; mootness applies unless public interest exception. | Public-interest exception applies; merits addressed. |
Key Cases Cited
- In re A Minor, 127 Ill.2d 247 (Ill. 1989) (public interest mootness exception criteria)
- Phelan v. County Officers Electoral Board, 240 Ill.App.3d 368 (Ill. App. 1992) (long-standing vacancy issues; need for guidance)
- Thurston v. State Board of Elections, 76 Ill.2d 385 (Ill. 1979) (public office vacancy procedures)
- Forcade-Osborn v. Madison County Electoral Board, 334 Ill.App.3d 756 (Ill. App. 2002) (dicta on vacancies pre-amendment; limited persuasiveness post-amendment)
- Hossfeld v. Illinois State Board of Elections, 398 Ill.App.3d 737 (Ill. App. 2010) (ballot access; amendment impact on vacancy filling)
- Bonaguro v. County Officers Electoral Board, 158 Ill.2d 391 (Ill. 1994) (statutory construction; whole act interpretation)