Kibort v. Westrom

• Decision Date: 12 January 2007
• Docket Number: No. 2-06-0296.,2-06-0296.
• Citation: 862 N.E.2d 609,308 Ill.Dec. 676
• Parties: Scott KIBORT, Plaintiff-Appellant, v. Dean WESTROM, in his Official Capacity as Chairman of The Du Page County Election Commission, and the Du Page County Election Commission, Defendants-Appellees.
• Court: United States Appellate Court of Illinois

862 N.E.2d 609

308 Ill.Dec. 676

Scott KIBORT, Plaintiff-Appellant, v. Dean WESTROM, in his Official Capacity as Chairman of The Du Page County Election Commission, and the Du Page County Election Commission, Defendants-Appellees.

No. 2-06-0296.

Appellate Court of Illinois, Second District.

January 12, 2007.

Rehearing Denied March 12, 2007.

Sarah K. Klaper, Terry Pastika, Citizen Advocacy Center, Elmhurst, Mark W. Daniel, Rathje & Woodward, LLC, Wheaton, for Scott Kibort.

Patrick K. Bond, Mary E. Dickson, Keith E. Letsche, Bond, Dickson & Associates, P.C., Wheaton, for Du Page County Election Commission and Dean Westrom.

Justice HUTCHINSON delivered the opinion of the court:

Plaintiff, Scott Kibort, appeals from the trial court's order granting summary judgment in favor of defendants, the Du Page County Election Commission and its chairman, Dean Westrom (collectively referred to as the Commission), on plaintiff's complaint for declaratory and injunctive relief. Plaintiff also appeals from the trial court's order denying his motion for summary judgment. In his complaint, plaintiff alleged that the Commission had violated the Illinois Freedom of Information Act (the Information Act) (5 ILCS 140/1 et seq. (West 2004)) by denying his request to examine the ballots, ballot box tapes, and poll signature cards from the April 5, 2005, Glendale Heights consolidated election. The trial court ruled that the Commission had not violated the Information Act, because disclosure of the requested records was prohibited by sections 17-20 and 17-22 of the Election Code (10 ILCS 5/17-20, 17-22 (West 2004)). We hold that the trial court properly construed the applicable provisions of the Information Act and the Election Code and affirm its judgment.

The record reflects that, on May 6, 2005, plaintiff submitted to the Commission a written request to examine various records from the April 5, 2005, Glendale Heights consolidated election, including ballots, ballot box tapes, and poll signature cards. On May 12, 2005, Robert Saar, executive director of the Commission, sent plaintiff a letter denying access to all requested records.

On May 19, 2005, plaintiff submitted a written letter of appeal to the Commission. On June 1, 2005, Westrom sent plaintiff a letter denying his appeal. In this letter, Westrom noted that section 7(1)(a) of the Information Act (5 ILCS 140/7(1)(a) (West 2004)) exempted from disclosure any records prohibited from disclosure by federal or state law. Westrom explained that, pursuant to section 17-20 of the Election Code, the ballots requested by plaintiff had been sealed and could be unsealed for examination only upon a statutorily authorized discovery recount proceeding. Additionally, Westrom stated that, pursuant to section 17-22 of the Election Code, the ballot box tapes and poll signature cards requested by plaintiff had been sealed and could be unsealed only for use as evidence in judicial proceedings.

On June 1, 2005, plaintiff filed a complaint for declaratory and injunctive relief against the Commission. As amended, the complaint contained four counts. Plaintiff subsequently dismissed counts II and III of his complaint, pursuant to a partial settlement agreement with the Commission. Count I of plaintiff's complaint alleged that the Commission had violated section 3 of the Information Act (5 ILCS 140/3 (West 2004)) by denying his request to inspect the ballots, ballot box tapes, and poll signature cards from the April 5, 2005, Glendale Heights consolidated election. Count IV of plaintiff's complaint alleged that the Commission's denial of his request violated section 9(b) of the Information Act (5 ILCS 140/9(b) (West 2004)) because it "failed to sufficiently cite sections of the Election Code that specifically prohibit from disclosure the ballots, ballot box tapes, and poll signature cards." Plaintiff requested the trial court to enter an order declaring that the Commission's denial of his request to inspect the ballots, ballot box tapes, and poll signature cards was a violation of the Information Act. Plaintiff further requested the trial court to order the Commission to immediately release the requested records for his inspection.

The parties subsequently filed cross-motions for summary judgment. In his motion for summary judgment, plaintiff argued that the undisputed evidence established that the requested ballots, ballot box tapes, and poll signature cards were public records prepared, used, received, or possessed by the Commission, a public body. Accordingly, plaintiff argued that disclosure of the records was required by section 3 of the Information Act (5 ILCS 140/3 (West 2004)). Plaintiff also argued that, in denying his inspection request, the Commission had failed to cite a section of the Election Code that specifically prohibited disclosure of the requested records. In its motion for summary judgment, the Commission did not dispute that the records requested by plaintiff were "public records" and that the Commission was a "public body" as defined under the provisions of the Information Act. Instead, the Commission argued that the requested records were exempt from disclosure under section 7(1)(a) of the Information Act because the records had been sealed in accordance with sections 17-20 and 17-22 of the Election Code. The Commission also argued that Westrom's letter to plaintiff denying his appeal sufficiently cited the statutory provisions of the Election Code that prohibited disclosure.

On February 23, 2006, following a hearing, the trial court granted the Commission's motion for summary judgment and denied plaintiff's motion for summary judgment. The trial court found that, although sections 17-20 and 17-22 of the Election Code did not explicitly prohibit the inspection of the ballots, ballot box tapes, and poll signature cards, they nonetheless imposed upon the Commission a requirement to keep these records under seal pending any election contest authorized by the Election Code. The trial court further found that the Commission would be unable to comply with its statutory obligations under the Election Code if it permitted plaintiff access to the sealed ballots, ballot box tapes, and poll signature cards. Therefore, the trial court concluded that allowing plaintiff access to these records would violate the provisions of the Election Code and that the records were exempt from disclosure under section 7(1)(a) of the Information Act. Additionally, the trial court found that the Commission had sufficiently referenced sections 17-20 and 17-22 of the Election Code as the basis of its denial of plaintiff's request for the records. Plaintiff subsequently filed a timely notice of appeal.

On appeal, plaintiff contends that the trial court erred in granting the Commission's motion for summary judgment and denying his motion for summary judgment. Plaintiff argues that the trial court erred in concluding that sections 17-20 and 17-22 of the Election Code prohibited the Commission from disclosing the records he requested. Plaintiff argues that the sole purpose of sections 17-20 and 17-22 was to establish a procedure for the preservation of ballots, ballot box tapes, and poll signature cards. Plaintiff asserts that, because sections 17-20 and 17-22 contain no express provision prohibiting disclosure of such records pursuant to the Information Act, the records were not exempt from disclosure under section 7(1)(a) of the Information Act. Plaintiff argues that the requested records satisfy the requirements for disclosure under the Information Act and that the disclosure of the records is essential to permit citizens to "access and monitor the operations of government to ensure free [and] fair elections." Plaintiff also argues that the trial court erred in determining that the Commission's denial of his request sufficiently specified the statutory basis supporting the claimed exemption.

Summary judgment is appropriate where the pleadings, affidavits, depositions, and admissions on file show that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2004). Summary judgment is proper where the parties agree on the relevant facts and the record presents only questions of law. J.M. Beals Enterprises, Inc. v. Industrial Hard Chrome, Ltd., 194 Ill.App.3d 744, 748, 141 Ill.Dec. 347, 551 N.E.2d 340 (1990). This court reviews de novo a trial court's ruling on a motion for summary judgment. Adams v. Northern Illinois Gas Co., 211 Ill.2d 32, 43, 284 Ill.Dec. 302, 809 N.E.2d 1248 (2004). On appeal, the reviewing court is not bound by the trial court's reasoning and it may sustain the trial court's decision on any basis appearing in the record. Makowski v. City of Naperville, 249 Ill.App.3d 110, 115, 187 Ill.Dec. 530, 617 N.E.2d 1251 (1993).

A resolution of the instant appeal requires a construction of the provisions of the Information Act and the Election Code. Our objective when construing the meaning of a statute is to ascertain and give effect to the legislature's intent. People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 279, 271 Ill.Dec. 881, 786 N.E.2d 139 (2003). The best indicator of the legislature's objectives in enacting a particular law is the plain language of the statute. Southern Illinoisan v. Illinois Department of Public Health, 218 Ill.2d 390, 415, 300 Ill.Dec. 329, 844 N.E.2d 1 (2006).

Section 1 of the Information Act provides that it is "the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees." 5 ILCS 140/1 (West 2004). In accordance with this policy statement, section 3 of the Information Act provides that "[e]ach public body shall make available to any person for inspection or copying all public records, except...