Delk v. Board of Election Com'rs of City of Chicago, No. 83-267

CourtUnited States Appellate Court of Illinois
Writing for the CourtMcNAMARA
Citation445 N.E.2d 1232,68 Ill.Dec. 379,112 Ill.App.3d 735
Docket NumberNo. 83-267
Decision Date09 February 1983
Parties, 68 Ill.Dec. 379 Melvin DELK, Plaintiff-Appellant, v. The BOARD OF ELECTION COMMISSIONERS OF the CITY OF CHICAGO, et al., Defendants- Appellees.

Page 1232

445 N.E.2d 1232
112 Ill.App.3d 735, 68 Ill.Dec. 379
Melvin DELK, Plaintiff-Appellant,
v.
The BOARD OF ELECTION COMMISSIONERS OF the CITY OF CHICAGO,
et al., Defendants- Appellees.
No. 83-267.
Appellate Court of Illinois,
First District, Third Division.
Feb. 9, 1983.

Page 1233

[68 Ill.Dec. 380] Thomas F. Geselbracht, Robert W. Gettleman and James A. Geocaris, Chicago, for plaintiff-appellant.

Hardy & Young, Chicago, for Iola McGowan; LaQuetta J. Hardy, Chicago, of counsel.

Michael Levinson, Chicago, for Bd. of Elec. Commissioners.

[112 Ill.App.3d 736]

Page 1234

[68 Ill.Dec. 381] McNAMARA, Presiding Justice:

Melvin Delk filed a petition with the Board of Election Commissioners of the City of Chicago objecting to the nomination papers of respondent Iola McGowan. The Board granted respondent's motion to overrule the objections, and petitioner appeals the trial court's affirmance of that decision.

On January 10, 1983, petitioner, a registered voter of the 29th Ward of the City of Chicago, filed the petition with the Board objecting to the nomination papers of respondent for election to the office of alderman of that ward. The petition alleged that respondent was ineligible because she did not reside in the 29th Ward; that her nomination papers were insufficient because they falsely asserted residency at 5839 Midway Park; and that her statement of candidacy was false, fraudulent and perjurious because it stated that she was a qualified registered voter residing at the Midway Park address. Petitioner alleged that respondent was not a resident at 5839 Midway Park either at the time she filed her nomination papers and statement of candidacy or at the time she registered to vote at that address. Petitioner requested that respondent's name be stricken from the list of candidates for alderman, and that her name not appear on the ballot.

On January 14, 1983, the Board conducted a hearing on the objections. Respondent, called by petitioner as an adverse witness, testified that she executed a contract for the purchase of the Midway Park premises from the United States Department of Housing and Urban Development (HUD) in July, 1982. She abandoned her then permanent abode at 3835 West Arthington Street at the end of August, 1982, and moved into the Midway Park premises on September 1, 1982. She brought along furniture and clothes. On September 9, 1982, she changed the address on her driver's license to 5839 West Midway Park. On October 5, 1982, she registered to vote at the new address. The closing for purchase of the premises occurred on November 9, 1982, and at that time the majority of windows were boarded up. It was not until November that respondent filed for a change of address for mail delivery.

Respondent testified that, although she had no gas, electricity, or phone service until November, she was spending four or five nights a week there during September and October. Other nights she spent at the homes of relatives. She used portable lights and a kerosene stove for heat. Her husband, Adam McGowan, was working on the premises and spent even more time there during these months. Work done [112 Ill.App.3d 737] included a new roof, downspouts, gutter work and garage repair. They also made internal changes. They had a couch, table, a few chairs, a television set and a crockpot for cooking. Respondent stated that she had emergency electrical service which would become permanent after certain electrical repair was completed.

Petitioner introduced an affidavit, dated January 13, 1983, by the custodian of Commonwealth Edison's record of customer electrical service, asserting that there was no record of electrical service to the Midway Park premises for 1982.

Petitioner also introduced photographs of the premises which were taken on December 31, 1982. Most of the windows were boarded up and at least one was broken. The photographer, Arthur Turner, testified that he knocked at the door around 11:30 a.m. on December 31 but there was no answer. He also was at the premises earlier in December and again one week prior to the hearing.

Three neighbors testified as to their own observations. All three passed the premises at various times on a daily basis. None had ever observed any lights. In mid-November one witness noticed that some of the boards had been removed from a few windows and that a...

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10 practice notes
  • Maksym v. the Bd. of Election Commissioners of The City of Chicago, No. 1–11–0033.
    • United States
    • Illinois Appellate Court
    • 24 Enero 2011
    ...N.E.2d 843 (1994) (assuming implicitly that the terms were synonymous); Delk v. Board of Election Commissioners of the City of Chicago, 112 Ill.App.3d 735, 738, 68 Ill.Dec. 379, 445 N.E.2d 1232 (1983). Neither the Board nor the parties have, however, referred us to any supreme court opinion......
  • Caldwell v. Nolan, No. 88-0583
    • United States
    • United States Appellate Court of Illinois
    • 8 Marzo 1988
    ...this was also the position taken by the Chicago Board of Election Commissioners in Delk v. Board of Election Commissioners (1983), 112 Ill.App.3d 735, 68 Ill.Dec. 379, 445 N.E.2d 1232, where we stated, in dicta, that the Chicago Board of Election Commissioners has no authority to grant a re......
  • People ex rel. Madigan v. Baumgartner, No. 4-04-0334.
    • United States
    • United States Appellate Court of Illinois
    • 16 Febrero 2005
    ...purposes: physical presence and an intent to remain there as a permanent resident. Delk v. Board of Election Commissioners, 112 Ill.App.3d 735, 738, 68 Ill.Dec. 379, 445 N.E.2d 1232, 1235 (1983). Residence is lost upon abandonment; however, "`an absence for months, or even years, if all the......
  • Greene v. Board of Election Com'rs of City of Chicago, No. 83-305
    • United States
    • United States Appellate Court of Illinois
    • 18 Febrero 1983
    ...means permanent abode, a person's principal dwelling place. (Delk v. McGowan, --- Ill.App.3d ---, ---, --- Ill.Dec. ----, ----, 445 N.E.2d 1232, 1235, et al., (Ill.App.1983); Stein v. County Board of School Trustees of Du Page County (1967), 85 Ill.App.2d 251, 229 N.E.2d 165, aff'd., 40 Ill......
  • Request a trial to view additional results
10 cases
  • Maksym v. the Bd. of Election Commissioners of The City of Chicago, No. 1–11–0033.
    • United States
    • Illinois Appellate Court
    • 24 Enero 2011
    ...N.E.2d 843 (1994) (assuming implicitly that the terms were synonymous); Delk v. Board of Election Commissioners of the City of Chicago, 112 Ill.App.3d 735, 738, 68 Ill.Dec. 379, 445 N.E.2d 1232 (1983). Neither the Board nor the parties have, however, referred us to any supreme court opinion......
  • Caldwell v. Nolan, No. 88-0583
    • United States
    • United States Appellate Court of Illinois
    • 8 Marzo 1988
    ...this was also the position taken by the Chicago Board of Election Commissioners in Delk v. Board of Election Commissioners (1983), 112 Ill.App.3d 735, 68 Ill.Dec. 379, 445 N.E.2d 1232, where we stated, in dicta, that the Chicago Board of Election Commissioners has no authority to grant a re......
  • People ex rel. Madigan v. Baumgartner, No. 4-04-0334.
    • United States
    • United States Appellate Court of Illinois
    • 16 Febrero 2005
    ...purposes: physical presence and an intent to remain there as a permanent resident. Delk v. Board of Election Commissioners, 112 Ill.App.3d 735, 738, 68 Ill.Dec. 379, 445 N.E.2d 1232, 1235 (1983). Residence is lost upon abandonment; however, "`an absence for months, or even years, if all the......
  • Greene v. Board of Election Com'rs of City of Chicago, No. 83-305
    • United States
    • United States Appellate Court of Illinois
    • 18 Febrero 1983
    ...means permanent abode, a person's principal dwelling place. (Delk v. McGowan, --- Ill.App.3d ---, ---, --- Ill.Dec. ----, ----, 445 N.E.2d 1232, 1235, et al., (Ill.App.1983); Stein v. County Board of School Trustees of Du Page County (1967), 85 Ill.App.2d 251, 229 N.E.2d 165, aff'd., 40 Ill......
  • Request a trial to view additional results

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