*1 391 816.) App. However, is be inter a statute to at Ill. preted 3d applied written, is manner in which it in the permissible Constitution, so it to do under when is in an effort to a court and is not to rewritten pub it view of sound render consistent with court’s (Kozak policy. Firemen’s Retirement Board lic Annuity Fund & Benefit language provision question, consid in whether provides support context, no ered alone or require, legislature to that intended conclusion merely permit, reduce the rather than to a motion to severity wishing appeal sentence of a defendant sentence. dismissing appellate Therefore, the erred in court appeal. Accordingly, that dis- defendant’s we vacate appellate missal and remand the cause to the court for consideration of the issues raised defendant review.
Appellate vacated; dismissal court’s remanded.
cause (No. 74907. Appellant, BONAGURO, v. THE COUNTY
LESTER Appel- al., et ELECTORAL BOARD OFFICERS lees.
Opinion March filed *3 NICKELS, J., HEIPLE, BILANDIC, C.J., J., joined by concurring judgment. in the for Rathsack, Chicago, appellant. W.
Michael Chicago, Bledsoe, Tuohy, N. Bledsoe & Michael for Arthur L. appellee Janura.
JUSTICE opinion FREEMAN delivered the of the court: question presented for review is whether article (Ill.
VI, 12(a), section of the Illinois Constitution Const. 12(a)) 1970, VI, art. a political bars filling from § judicial in nomination by party for office reso issue, lution. We need not reach this constitutional (10 because we hold that article of7 the Election Code (West 1992)) ILCS et seq. 5/7 —1 does not authorize such a procedure.
BACKGROUND Bonaguro Republican Lester was candidate in primary judge March election for circuit for B, subcircuit, judgeship County. 13th Cook He was as for Republican elected nominee to run general office the November 1992 election.
No primary Democratic candidate ran in that by petition. election and none was nominated Subse- quent primary, to the May on the Democratic party nominated Arthur Janura as its candidate resolution, that office. Janura was nominated purportedly authorized section 7—61 of the Election (West 1992)). Code ILCS 5/7 —61 Bonaguro objections filed on placement to Janura’s general election ballot with the State Board of Elections. He contended that Janura’s nomination was Bonaguro argued VI, unconstitutional. that article (Ill. 12(a), section of the Illinois Constitution Const. 12(a)) VI, requires art. candidates for office to § primary nominated at petition, elections or party resolution.
The State Board of Elections transferred the matter (See to the Cook County officers electoral board. 10 ILCS (West 1992).) The electoral board overruled Bon- 5/10 —8 objections aguro’s and ordered that Janura’s name be printed general on the ballot the November 1992 *4 election.
Bonaguro sought judicial review of the electoral County. board’s decision in the court of Cook circuit (West (See 1992).) 10 ILCS He named as 5/10 —10.1 respondents board, Elections, the of Board the electoral (appellees). and Janura The trial court confirmed the electoral board’s decision. The court held that the political party Illinois Constitution does not bar a from filling judicial vacancies in under Election (240 appellate Code section 7—61. The court affirmed. 368.) App. Bonaguro’s petition 3d We allowed appeal 315(a)), leave to Ill. 2d R and now reverse.
DISCUSSION reaching merits, Before we must at the address preliminary outset a matter.
Mootness appellate note, court, We as did the the obvious fact already that the November 1992 election has occurred Bonaguro agree However, and also that won. we with appellate court that this cause is moot. exception One to the mootness doctrine allows a court to resolve an if the issue otherwise moot issue public involves a substantial interest. The criteria for (1) application public exception of the interest are: (2) public desirability question, nature of the of an purpose guiding authoritative determination for the (3) public question officers, that the the likelihood (In (1989), 247, 257; will recur. re A Minor 127 Ill. 2d People ex rel. Wallace v. Labrenz 411 Ill. showing required A clear each criterion is
bring public exception. a case See within interest Kohan v. Rimland Children School Autistic App. 102 Ill. present course, case meets this test. Of issues
regarding filling in nomination vacancies public appellate Also, are of substantial interest. *5 court correctly observed that regarding issues this subject are long-standing and have not been addressed (240 371). (See legislature courts or the App. 3d at Ill. Thurston v. State (1979), Board Elections 76 Ill. 2d 385, 387-88; Administrative Courts, Office of the Illinois 1981 Annual Report to Supreme Court of Illinois 22.) An authoritative guide for future controversies is needed; the issue likely will recur. We will address the merits of this cause.
Election Code Bonaguro initially contends that Election Code section 7—61 does not a political party authorize fill to judicial vacancy a in resolution. Bonaguro reasons that if we hold that section 7—61 does not authorize procedure, such a then need we decide whether that section violates the Illinois Consti tution. We take path. this A court will consider a constitutional question only where essential to the dis position i.e.„ case, of a where the case cannot be (In determined on other grounds. re Application (1983), 434, 440; Rosewell 97 Ill. 2d Osborn v. Village of 249-50.) River (1961), Forest 21 Ill. Accordingly, we first consider whether a'po section 7—61 authorizes litical party fill a vacancy in nomination party resolution. See Winston v. Zoning Board Appeals 407
Election Code section 7—61 provides in pertinent part that vacancies in nomination "shall be filled *** managing committee of the respective political party for the territorial area in which vacancy such occurs.” Such occurs dies, when a nominee declines nomination, (10 or for other reasons. ILCS 5/7 —61 (West 1992).) Sections 7—7 and 7—8 describe appropriate managing committees. ILCS 5/7 — (West 1992).) 7—8 Section 7—7 authorizes these commit- tees to make nominations. Bonaguro argues that section except applies to all vacancies in nomination 7—61 judicial vacancies. controlling principles agree. are familiar.
We The statutory primary interpretation, rule of to which The subordinate, all other are is that court should rules give legislature. ascertain effect to intent of legislative primarily sought intent be from should language Also, used in the statute. the statute provision whole; should be evaluated as a each should every construed connection with other section. Department Abrahamson v. Illinois of Professional Regulation 76, 91; 153 Ill. 2d Totten v. State *6 (1980), Board 288, Elections 79 Ill. 2d 291-92. Additionally, presumes legislature a court that the Accordingly, intended to enact a constitutional statute. a court will construe constitutional, a statute as if it is (Gill (1983), 52, reasonable to do so. v. Miner 94 Ill. 2d 56.) doubtful, If a statute’s construction is a court will validity. resolve the doubt in favor the statute’s Mc (and (1983), 87,103 Kenzie v.Johnson cited cases therein).
Applying principles present case, these we to po- conclude that Election Code authorize a does not party judicial vacancy to litical fill a in nomination party only resolution. Sections 7—7 and 7—61 describe political positions legislative districts for and executive judicial judicial and refer do not committees for vacancies in nomination. 8(f) (g)respectively True, sections and establish 7—
judicial and a district circuit court committee. ILCS (West 1992).) 8(f), (g) construed, Statutes should 5/7— possible, superfluous if so that no is or term rendered (Niven meaningless. Siqueira (1985), 109 Ill. 2d 365.) However, section 7—7 does not authorize these did, committees to make If nominations. it constitu (See tionality question. of article 7 would be called into Courts, Administrative Officeof the Illinois 1981Annual 22.) Report Supreme to the Court of Illinois We must presume legislature that did not intend to exceed its (Methodist constitutional limitations. Old Peoples Home 149, 156; 39 Ill. 2d v. Korzen MacMurray College 38 Ill. 2d The absence of a v. Wright nominating reference to a committee for office legislative in section 7—7 indicates the intent vacancies in nomination not be filled prescribed by resolution as article 7 of the Election Code. We note two sources which accord with inter our pretation of article 7 of the Election Code. first refer We regulation to an administrative of the Board of Elections. agency empowered This State is to administer (Ill. certify election laws and candidates. Const. (West 1992).) § 5; III, art. 10 ILCS The Board of 5/1A—1 "[wjhere politi Elections has ruled that an established cal the members thereof fail to nominate a and/or any provided candidate for office for in Article 7 of 'The may Code,’ Election this in nomination be filled proper party party, political committee of the added.) (Emphasis candidates except Judicial office.” (1992). § 26 Ill. Adm. Code 207.10 course, Of a court an is not bound administrative agency’s interpretation However, of a statute. a court give weight will substantial an inter deference to *7 pretation ambiguous agency charged of an statute with the administration and enforcement of the statute. interpretation expresses Such an an informed source for ascertaining legislative significant intent. A reason agency for this deference is that an can make informed judgments upon experience issues, based on its 97-98.) expertise. agree (Abrahamson, 153 Ill. 2d at We interpretation with the Board of Elections’ of article 7 of the Election Code. interpre-
The second source which with our accords opinion an Code is of the Election article 7 tation of Attorney Attorney The General. of the Illinois letter opinion Code section that Election was of the General judicial in fill vacancies not be used to 7—61 could Att’y Op. 96, The Gen. nomination. Attorney Framers intended observed that the General by party prohibit He convention. filling judicial in nomina reasoned that then "comparable to nomination tion by committee was Attorney prohibited.” convention, and also Gen 12(a) eral also observed that section authorizes nomina by primary petition. He then reasoned tion election or popular vote, not a that the word "election” means a Therefore, is committee. he concluded that there fill in nomina no method available to vacancies Att’y Op. tion. 1972 Ill. Gen.
Although binding courts, on the a well-reasoned Attorney opinion of the General is entitled to consider especially impression weight, able in a matter of first (1978), (City Springfield Allphin 74 Ill. 2d Illinois. v. of 130-31.) Attorney agree General’s rea We with the soning and conclusions on this issue. disposition the need to of this cause obviates
Our constitutionality article 7 of determine the of constitution A court will not consider the Election Code. ality disposed of without if the case can be of statute Egan determining question. City v. Aurora ex rel. Young 9 Ill. 2d Men’s Christian Association City Chicago Lodge, 290-91; Father Basil’s Inc. 246, 261 393 Ill. . judgments foregoing reasons, For the appellate and circuit courts are reversed.
Judgments reversed. judgment: concurring HEIPLE, in the JUSTICE appropri- agree majority I that this cause is with the ately public exception to addressed under the interest
400 that,
the mootness I agree doctrine. further if there were vacancy a in nomination as contemplated section (10 (West of 7—61 the Election Code ILCS 5/7 —61 1992)), that section would still not authorize the attempted by nomination the this Democrats in case. I join these the parts of opinion. court’s
However, I believe the majority errs in its determi- vacancy that nation there was a in nomination under Further, section 7—61. sake of judicial economy I believe the court should address the constitutional Thus, that I join issues were raised in this case. while in court, judgment fully join I cannot in its opinion. CODE
ELECTION Vacancy Judicial purported The Democrats to nominate Arthur Jan- pri- ura as the Democratic in the candidate March mary election circuit judge for the 13th sub- circuit, B, judgeship County, pursuant Cook to section (West 7—61 of the Election Code ILCS 5/7 —61 1992)). That parties section allows to fill vacancies in nominations certain under circumstances. begins analysis
The majority by looking its political whether section 7—61 a authorizes to fill a in vacancy resolution. However, issue, before turning to this should court first determine actually vacancy whether there was in nomination. An examination section demon- 7—61 was strates there not. provides:
Section 7—61 vacancy "A nomination occurs when candidate has provisions who been nominated under the of this (whether Article 7 dies before the election death occurs to, prior day primary), on or after the or declines nomination; may provided become that nominations 1992). (West vacant ILCS for other reasons.” 10 5/7 —61 resignation aof nomi- there was no death or Since only nee, fill a if the nomination Janura could meaning for other reasons” within "became vacant of the statute. yet upon
This court has not been called to construe *9 scope phrase for other the of the "become vacant challenge made reasons.” Such a has not been since Progressive Party Flynn 1948, in 401 Ill. Flynn, presented
In the court was with a version of provided '[i]n section 7—61 which that" case a candidate provisions who has been nominated under the of this (whether election, Article 7 shall die before death occurs prior primary) to, or on or after the date of the or decline any nomination, the or should the other ” vacant,’ reason become another candidate could be added.) (Emphasis (Flynn, nominated. 581, 401 Ill. at quoting par. Rev. Stat. ch. This 7— court ruled that said, section 7—61 meant what it legislature provide filling that "the intended to for the any by of a officecaused death or declination filling of the nominee and also for the of the nomination any Flynn, if for reason it should become vacant.” Ill. at 582. Flynn, legislature
Since the has amended 7—61 so "any” Now, that the word has been deleted. "nomina- may Thus, tions become vacant for other reasons.” the issue turns on what the term "other reasons” includes. general specific
"Where words follow words in a statutory general enumeration, are words construed only objects objects to embrace similar in nature to those by preceding specific enumerated Singer, words.” 2A N. Statutory § Sutherland on Construction 47.17 (5th 1992). ed.
Applying principle here, this it is evident that when legislature provided may that "nominations become only reasons,” vacant for other it intended to embrace resignation. Thus, reasons similar to death and "vacancy only in nomination” would occur in circum- beyond political party’s stances control. primary
Refusal to field a candidate in election "vacancy did not create a in nomination” within the meaning presented Rather, of the statute. arewe with a choice, clear case of conscious default or waiver vacancy prerequisite Democrats. Since section 7—61’s concluding met, was not the lower courts erred in that proper nominating it was a means of Janura.
Constitutional Considerations Assembly The court’s conclusion that the General provide did means Janura’s nomination is provision buttressed fact that such a would be unconstitutional.
The nomination of candidates is controlled 12(a), VI, article section of the Illinois Constitution 12(a)). provides, §VI, Const. art. (Ill. That section pertinent part, "Supreme, Appellate in Judges and Circuit *10 primary be
shall nominated at or elections petition.” The constitution no affords other method or procedure judicial nomination.
"The rule has well become established that where judge the office of is a one General constitutional Assembly power prescribe has no manner judge selection or election of unless authorized VI.” article (People ex rel. Nachman Carpentier 477.) language Also, 30 Ill. 2d must constitutional given plain meaning. (Coalition its Political 65 Ill. Honesty v. State Board Elections provision The constitutional at is clear. issue 12(a) prescribes Section candidates must be by primary by petition. nominated election or It does any political provision contain for nomination resolution to fill a in nomination. judgment. foregoing reasons, For I concur in the NICK- JUSTICE BILANDIC JUSTICE CHIEF this concurrence. join ELS
(No. 74855. ILLINOIS, Appel- THE STATE OF THE PEOPLE OF CARDONA, Appellee. lant, v. GREGORIO Opinion March filed