Madison v. Sims
| Decision Date | 07 July 1972 |
| Docket Number | No. 57160,57160 |
| Citation | 286 N.E.2d 592,6 Ill.App.3d 795 |
| Parties | Jesse D. MADISON and Frances J. Madison, Plaintiffs-Appellants, v. Isaac SIMS and the Cook County Officers Electoral Board, Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
Franklin S. Schwerin, Richard K. Means, Chicago, for plaintiffs-appellants.
Michael E. Lavelle, Chicago, for Cook County Officers Electoral Board.
Andrew M. Raucci, Chicago, for Isaac Sims.
The plaintiffs, Jesse D. Madison and Frances J. Madison, appeal from a judgment entered in the Circuit Court of Cook County in which the nominating petitions of Isaac Sims, a candidate for the Democratic nomination for Representative in the General Assembly from the 21st Legislative District of Illinois in the March 21, 1972, primary election, were found to be legally sufficient. This judgment affirmed the decision of the Cook County Officers Electoral Board overruling objections by the plaintiffs to Sims' nominating petitions.
The issue presented on appeal is whether Section 7--10 of the Election Code, Ill.Rev.Stat., 1971, Ch. 46, requires a nominating petition to contain the name of the city of residence of the petition signers to appear directly opposite their signatures and street addresses in order for the petition to be a valid nominating petition.
Plaintiffs, Jesse D. Madison and Frances J. Madison, are husband and wife. Jesse D. Madison was an opponent of defendant, Isaac Sims, for the Democratic nomination for Representative in the General Assembly from the 21st Legislative District of Illinois in the March 21, 1972, primary election.
Prior to the primary election, the plaintiffs filed objections to the nominating petitions of Isaac Sims with the Cook County Officers Electoral Board. The objections alleged the petitions purporting to bear the signatures of 715 qualified primary electors, filed by defendant Sims in the office of the Illinois Secretary of State, were legally insufficient and thus invalid because they did not contain complete residence addresses opposite the signatures of such electors. More specifically, the objections were centered on the point that the city of residence of such petitioners did not follow their signatures and street addresses. For this reason, the plaintiffs claimed defendant Sims did not have the 300 signatures required to be placed on the primary ballot.
Following a hearing, the Cook County Officers Electoral Board overruled the objections, declared the petitions valid, and ruled the name of Isaac Sims should be printed on the ballot for the primary election. The plaintiffs thereafter filed a petition in the Circuit Court of Cook County requesting judicial review of the decision of the Electoral Board. On February 22, 1972, the Circuit Court affirmed the decision of the Electoral Board. On March 2, 1972, the plaintiffs filed their notice of appeal of the decision of the Circuit Court. In the intervening period between the filing of the notice of appeal and the presentation or oral arguments, the primary election was held. In the primary election, two Democratic candidates were to be nominated to run in the November 7, 1972, general election for Representative in the General Assembly from the 21st Legislative District. Over 62,000 votes were cast in the primary with the following results:
Isaac Sims 31,390
Jesse D. Madison 14,063
Langdon Patrick 17,118
Based on these results, certificates of nomination have been issued for two of the candidates, Isaac Sims and Langdon Patrick. Since the plaintiff, Jesse D. Madison, failed to gain the nomination in the primary, there is included in this appeal from the findings of the Circuit Court a request that, if this court finds in favor of the plaintiffs and holds the nominating petitions of Isaac Sims invalid, plaintiff Jesse D. Madison be put on the ballot as one of the candidates in the November 7, 1972, general election, replacing Isaac Sims.
The plaintiffs' sole...
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Williams v. Butler
...a petition. It seems to us irrelevant whether we would conclude that there was at least substantial compliance as in Madison v. Sims, 6 Ill.App.3d 795, 286 N.E.2d 592, or whether we construe the statutory requirement as merely directory and noncompliance is of no legal The record before the......
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