Bowe v. Chicago Electoral Bd.
| Decision Date | 12 March 1980 |
| Docket Number | No. 53124,53124 |
| Citation | 404 N.E.2d 180,38 Ill.Dec. 756,79 Ill.2d 469 |
| Parties | , 38 Ill.Dec. 756 William J. BOWE, Appellee, v. CHICAGO ELECTORAL BOARD et al., Appellants. |
| Court | Illinois Supreme Court |
Michael L. Levinson and Andrew M. Raucci, Chicago, for appellants.
Charles M. Biggam, Jr., and David W. Andich, Chicago, for appellee.
The issue in this case is the right of the plaintiff, William J. Bowe, to have his name printed on the ballot as a candidate for Democratic ward committeeman of the 43rd ward of the city of Chicago. The defendant electoral board (the Board) ruled against plaintiff, holding that certain sheets in his binder of petitions did not comply with statutory requirements, reducing the number of valid signatures below the legal minimum. The circuit court of Cook County affirmed the order of the Board, and the Appellate Court, First District, with one justice dissenting, reversed the judgment of the circuit court. (81 Ill.App.3d 146, 37 Ill.Dec. 177, 401 N.E.2d 1270, 1980.) We granted leave to appeal and, because of the imminence of the primary election and the need for a prompt decision, ordered an expedited briefing schedule and took the case under advisement without oral argument.
The decisive issue is the interpretation of section 7-10 of the Election Code (Ill.Rev.Stat.1977, ch. 46, par. 7-10). The pertinent portion of the section provides as follows:
The requirements of this section are mandatory and not directory. (Lawlor v. Municipal Officer Electoral Board (1975), 28 Ill.App.3d 823, 329 N.E.2d 436.) The undisputed evidence before the Board here showed that a person who had circulated petitions had not personally appeared before the notary public who acknowledged his signature. The statute requires that the circulator swear to the petition before an officer authorized to administer oaths. The...
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...license, without seeing Helen in person, did not constitute a valid notarization. See generally Bowe v. Chicago Electoral Board, 79 Ill.2d 469, 38 Ill.Dec. 756, 404 N.E.2d 180 (1980). However, the questions of whether Attorney Gaston breached her duty as a notary official under the Notary P......