Cook County v. State Bd. of Elections
| Decision Date | 17 December 2007 |
| Docket Number | No. 1-05-3413.,No. 1-05-3409.,No. 1-05-3416.,No. 1-05-3411.,No. 1-05-3415.,No. 1-05-3414.,No. 1-05-3410.,No. 1-05-3407.,No. 1-05-3408.,No. 1-05-3412.,1-05-3407.,1-05-3408.,1-05-3409.,1-05-3410.,1-05-3411.,1-05-3412.,1-05-3413.,1-05-3414.,1-05-3415.,1-05-3416. |
| Citation | 882 N.E.2d 93 |
| Parties | COOK COUNTY REPUBLICAN PARTY, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The STATE BOARD OF ELECTIONS and 4th Ward Democratic Organization, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 5th Ward Regular Democratic Organization; and Leslie A. Hairston, Chairman and Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and 7th Ward Democratic Organization, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and Anthony Beale, 9th Ward Democratic Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and Theodore Thomas, 15th Ward Democratic Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and Ed H. Smith, 28th Ward Democratic Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 31st Ward Democratic Campaign Fund; and Joseph Berrios, Chairman and Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 39th Ward Regular Democratic Organization; James D'Amico, Chairman; and Randy Barnette, Committeeman; Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 40th Ward Regular Democratic Organization and Patrick J. O'Connor, Chairman and Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; Democratic Party of the 49th Ward; and David Fagus, Chairman and Committeeman, Respondents-Appellees. |
| Court | United States Appellate Court of Illinois |
Stephen F. Boulton, General Counsel, Cook County Republican Party, of Chicago, for Appellant.
Lisa Madigan, Attorney General, State of Illinois, Gary Feinerman, Solicitor General, and Timothy K. McPike, Assistant Attorney General, of Chicago, for Appellee the State Board of Elections.
Mathias W. Delort and Aaron G. Allen, of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., of Chicago, for Appellees 4th Ward Democratic Organization, 5th Ward Democratic Organization, Leslie A. Hairston, Chairman and Committeeman, 40th Ward Regular Democratic Organization, Patrick J. O'Connor, Chairman and Committeeman, Democratic Party of the 49th Ward, and David Fagus, Chairman and Committeeman.
Burton S. Odelson, of Odelson & Sterk, Ltd., of Evergreen Park, for Appellees 7th Ward Democratic Organization, Anthony Beale, 9th Ward Democratic Committeeman, and Ed H. Smith, 28th Ward Democratic Committeeman.
Michael E. Lavelle, of Lavelle & Motta, Ltd., of Chicago, for Appellee Theodore Thomas, 15th Ward Democratic Committeeman.
Thomas A. Jaconetty, and James P. Nally, of James P. Nally, PC, of Chicago, for Appellees 31st Ward Democratic Campaign Fund, Joseph Berrios, Chairman and Committeeman, 39th Ward Regular Democratic Organization, James D'Amico, Chairman, and Randy Barnette, Committeeman.
This is a consolidated appeal brought by the chairman of the Cook County Republican Party, challenging the Illinois State Board of Elections' (Board's) dismissal, without a public hearing, of 10 complaints alleging Election Code (10 ILCS 5/1-1 et seq. (West 2004)) violations. The respondents are Chicago Democratic ward organizations, ward chairmen and ward committeemen. Petitioner asks this court to reverse the Board's dismissal in each case and remand the causes for a public hearing on the merits. We affirm the Board.
Our state constitution requires that a state board of elections be established to "have general supervision over the administration of the registration and election laws throughout the State." Ill. Const. 1970, art. III, § 5. Although the constitution delegates to the legislature the authority to determine the size, manner of selection and compensation of the board, the constitution restricts the political affiliation so that "[n]o political party shall have a majority of members of the Board." Ill. Const.1970, art. III, § 5. The legislature created a board with eight members, four of whom must belong to the same political party as the Governor and four of whom must be affiliated "with the political party whose nominee for Governor in the most recent general election received the second highest number of votes." 10 ILCS 5/1A-2 (West 2004). "[Five] votes are necessary for any action of the Board to become effective." (Emphasis added.) 10 ILCS 5/1A-7 (West 2004).
The Board is responsible for supervising the administration of the Election Code. 10 ILCS 5/1A-8(12) (West 2004). Among other things, the Election Code: (1) prohibits the appropriation of public funds for political or campaign purposes to any candidate or political organization (10 ILCS 5/9-25.1(b) (West 2004)); (2) requires every local political committee to file reports of campaign contributions, including in-kind contributions (10 ILCS 5/9-10(a), 9-1.4, 9-1.12 (West 2004)); and (3) requires every local political committee to file a statement of organization (10 ILCS 5/9-3 (West 2004)). Any person who believes the Election Code has been violated may file a complaint with the Board. 10 ILCS 5/9-20 (West 2004).
Once a complaint is filed, a closed preliminary hearing is held to "elicit evidence on the question whether the complaint was filed on justifiable grounds, and having some basis in fact and law." 26 Ill. Adm. Code § 125.252, amended at 14 Ill. Reg. 10832 (eff. June 22, 1990); see also 10 ILCS 5/9-21 (West 2004). A hearing officer is appointed by the Board to preside over the closed preliminary hearing. 26 Ill. Adm.Code § 125.245, amended at 14 Ill. Reg. 10832 (eff. June 22, 1990). The hearing officer's role is limited: he considers evidence presented by the parties and prepares a recommendation on whether the complaint was filed on justifiable grounds. 26 Ill. Adm.Code § 125.252(d), amended at 14 Ill. Reg. 10832 (eff. June 22, 1990). The general counsel for the Board reviews the hearing officer's recommendation and the evidence presented at the closed preliminary hearing. 26 Ill. Adm.Code § 125.253, amended at 14 Ill. Reg. 10832 (eff. June 22, 1990). The general counsel then makes his own recommendation to the Board. 26 Ill. Adm.Code § 125.253, amended at 14 Ill. Reg. 10832 (eff. June 22, 1990). The recommendations are presented to the Board, which then must decide whether the complaint was filed on justifiable grounds. 26 Ill. Adm.Code § 125.262(a), amended at 24 Ill. Reg. 14203 (eff. September 11, 2000).
A complaint not filed on justifiable grounds must be dismissed, while a complaint filed on justifiable grounds will proceed to a public hearing. Illinois Republican Party v. Illinois State Board of Elections, 188 Ill.2d 70, 74, 241 Ill.Dec. 776, 720 N.E.2d 231 (1999); 26 Ill. Adm. Code § 125.262(a), amended at 24 Ill. Reg. 14203 (eff. September 11, 2000). At the heart of this appeal is the following language from the Election Code: "If the Board fails to determine that the complaint has been filed on justifiable grounds, it shall dismiss the complaint without further hearing." (Emphasis added.) 10 ILCS 5/9-21 (West 2004). A dismissed complaint can be appealed directly to the appellate court. 10 ILCS 5/9-22 (West 2004).
Petitioner filed with the Board 10 complaints against the named respondents in this appeal. Each complaint alleged respondents violated sections 9-10(a) and 9-25.1(b) of the Election Code by accepting, but not disclosing, in-kind contributions in the form of office space paid for in part with public funds. Three of the ten complaints also alleged violations under section 9-3 of the Election Code for failing to file a statement of organization as a political committee.
A simultaneous, closed preliminary hearing was held on all 10 complaints. Evidence was presented that respondents used City of Chicago aldermanic offices for political purposes. Evidence was also presented to show that the City of Chicago was paying, at least in part, for the office space and that respondents failed to report the alleged contributions to the Board. In the three cases in which violations of section 9-3 of the Election Code were alleged, evidence was presented that those respondents failed to file statements of organization.
The hearing officer who presided over the closed preliminary hearing found all but one of the complaints were filed on justifiable grounds and recommended that those complaints proceed to public hearings. With respect to the complaint filed against the 5th Ward Regular Democratic Organization and Leslie A. Hairston, chairman and committeeman (Hairston), the hearing officer found the evidence did not support petitioner's allegations. With respect to the complaint filed against Ed H. Smith, 28th Ward Democratic committeeman (Smith), the hearing officer found sufficient evidence to proceed to a public hearing on the allegation that Smith failed to file a statement of organization, but insufficient evidence to proceed on petitioner's allegations that Smith was using aldermanic offices paid for by the City of Chicago to conduct political activities.
The Board met in executive session to rule on the complaints. The Board's general counsel, who was present at the executive...
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