Lewis v. Dunne
| Decision Date | 18 March 1976 |
| Docket Number | No. 48147,48147 |
| Citation | 344 N.E.2d 443,63 Ill.2d 48 |
| Parties | Melvin B. LEWIS, Petitioner, v. Robert Jerome DUNNE et al., Respondents. |
| Court | Illinois Supreme Court |
Melvin B. Lewis, pro se.
Andrew M. Raucci, Chicago, for respondents.
On December 29, 1975, the Cook County Officers Electoral Board entered an order sustaining certain objections to the nominating papers of petitioner, Melvin B. Lewis, who sought nomination in the March 16, 1976, primary election as the Democratic candidate for the office of judge of the Appellate Court, First Judicial District, to fill the vacancy created by the retirement of the Honorable Robert E. English. While review of that decision was pending in the circuit court of Cook County (Ill.Rev.Stat.1973, ch. 46, par. 10--10.1), petitioner was granted leave to file an original action in this court. On January 19, 1976, after hearing oral argument and upon consideration of the papers here on file, we determined the petition should be treated as one for a writ of Mandamus. Considering the petition as such, we ordered that a writ of Mandamus issue commanding the members of the Cook County Officers Electoral Board to expunge its order sustaining the objections to petitioner's nominating papers; to enter an order denying such objections; and to transmit to the State Board of Elections a certified copy of its ruling in the manner provided by section 10--10 of the Election Code (Ill.Rev.Stat.1973, ch. 46, par. 10--10). This opinion states the reasons for that order.
The nominating papers filed by petitioner with the State Board of Elections included petitions signed by Democratic Party primary electors requesting that his name appear on the ballot for the office in question, and a statement of candidacy sworn to by petitioner in which he confirmed various matters regarding his qualification for the office. The office for which the nominating papers were filed was described on the electors' petitions as 'Judge of the Appellate Court of Illinois, First Judicial District, to fill the vacancy created by the retirement of the Honorable Robert E. English.' The statement of candidacy, however, described the office as 'Judge of the Appellate Court of Illinois, First Judicial District' without indicating the particular vacancy. The basis for the objections filed by respondent Michael J. Cunningham was that section 7--10 of the Election Code (Ill.Rev.Stat.1973, ch. 46, par. 7--10) requires that the specific vacancy be designated in the statement of candidacy as well as in the petitions signed by electors, and that petitioner's failure to do so rendered the nominating papers invalid.
The matter was referred by the State Board of Elections to the Cook County Officers Electoral Board, which is designated by section 10--9 of the Election Code (Ill.Rev.Stat.1973, ch. 46, par. 10--9) as the body to hear and pass upon objections to nominating petitions under these circumstances. By a 2--1 decision, the board denied petitioner's motion to dismiss for want of jurisdiction and entered an order sustaining the objections to his nominating papers. Although petitioner's suit in this court is concerned primarily with whether the electoral board was properly constituted, determination of that issue alone would still leave the underlying substantive question of the validity of petitioner's nominating papers to be resolved either in a hearing before a newly constituted electoral board or by a further hearing in the circuit court of Cook County in the pending review of the board's present decision. It is evident neither course could be completed sufficiently in advance of the primary election to allow petitioner a fair opportunity to conduct a campaign, should the substantive issue be decided in his favor. The materials on file in this court adequately present a very narrow and clearly defined question of statutory construction as to which the pertinent facts are not in dispute. Accordingly, in view of the desirability for prompt resolution of this matter, we decided the electoral board's decision on the substantive question should be reviewed here.
Among the various provisions of section 7--10 of the Election Code prescribing the form and content of nominating petitions for public office is the requirement that '(t)he name of no candidate for nomination * * * shall be printed upon the primary ballot unless a petition for nomination has been filed in his behalf as provided in this Article in substantially the following form:
We, the undersigned, members of and affiliated with the
........ party and qualified primary electors of the
party, in the ....... of ......., in the county of
and the State of Illinois, do hereby petition that the following
named person or persons shall be a candidate or candidates
of the ....... party for the nomination for * * * the office
or offices hereinafter specified, to be voted for at the primary
election to be held on the ..... day of ....... A.D.
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Name Office Address
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John Jones Governor Belvidere, Ill
Thomas Smith Attorney General Oakland, Ill.
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Name ........................ Address ...................."
The prescribed form of petition also contains a sworn certificate as to the
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Smith v. Bd. of Election Com'rs for City of Chicago
...is "to provide an orderly procedure whereby qualified persons seeking public office may enter primary elections." Lewis v. Dunne, 63 Ill.2d 48, 52, 344 N.E.2d 443, 446 (1976). It is important to insure that ballots remain within manageable, understandable limits, to avoid the fragmentation ......
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Jackson v. Bd. of Election Comm'rs of Chi.
...a decision on the propriety of the objections to ballot access from the highest court of the state before election day. For example, in Lewis v. Dunne, an objector's petition was sustained by the Election Board on December 29, 1975, and candidate Martin Lewis' name was removed from the Marc......
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Samuelson v. Cook Cnty. Officers Electoral Bd.
...Stevenson v. County Officers Electoral Board, 58 Ill.App.3d 24, 27, 15 Ill.Dec. 571, 373 N.E.2d 1043 (1978). See also Lewis v. Dunne, 63 Ill.2d 48, 344 N.E.2d 443 (1976) (substantial compliance found even though the candidate failed to specify in his statement of candidacy, as required by s......
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Lara v. Schneider, 51694
...Finance v. Young Women's Christian Association (1979), 74 Ill.2d 561, 567, 25 Ill.Dec. 649, 387 N.E.2d 305; see also Lewis v. Dunne (1976), 63 Ill.2d 48, 344 N.E.2d 443 (papers on file treated as request for writ of Mandamus though not designated as such); People ex rel. Palmer v. Twomey (1......