Wisnasky-Bettorf v. Pierce
2012 IL 111253
Ill.2012Background
- Wisnasky-Bettorf challenged removal from the November 2, 2010 ballot for St. Clair County Board of Review.
- At the February 2010 Republican primary, no candidate’s name appeared for the Board of Review office and no write-in was nominated.
- March 25, 2010: the county Republican central committee designated Wisnasky-Bettorf to fill the vacancy.
- April 1, 2010: the committee filed a resolution/certificate of appointment under section 7-61.
- April 16, 2010: Wisnasky-Bettorf filed nominating petitions, the notice of appointment, a statement of candidacy, and an ethics receipt.
- April 26–30, 2010: an objection led the electoral board to remove Wisnasky-Bettorf from the ballot; circuit and appellate courts upheld the removal prior to this Supreme Court reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 7-61 requires a resolution to fill a vacancy when no primary ballot candidate existed | Wisnasky-Bettorf: paragraph 3 does not apply; no resolution required | Pierce: 7-61 requires a resolution to fill vacancies | Paragraph 9 governs; no resolution required in this scenario. |
| Whether the amendment to paragraph 9 governs and supports ballot access when no primary candidate existed | Wisnasky-Bettorf: amended paragraph 9 dictates petitioning route | Wisnary? (No separate party) — party designation and petitions required | Amendment 2009 clarifies requirements under paragraph 9; favors designation with petitions. |
| Whether the case is moot and if public-interest exception applies | Case presents substantial public interest to clarify law | No new election requested; mootness defenses apply | Public-interest exception applies; court reaches merits. |
Key Cases Cited
- Phelan v. County Officers Electoral Board, 240 Ill. App. 3d 368 (1992) (long-standing vacancy-fill principles under 7-61)
- Thurston v. State Board of Elections, 76 Ill. 2d 385 (1979) (vacancy filling in elections scenarios)
- Forcade-Osborn v. Madison County Electoral Board, 334 Ill. App. 3d 756 (2002) (dicta previously affected by later amendments)
- In re A Minor, 127 Ill. 2d 247 (1989) (public interest exception for mootness)