Robinson v. Jones, 1-89-0752

• Decision Date: 30 June 1989
• Docket Number: No. 1-89-0752,1-89-0752
• Citation: 542 N.E.2d 127,134 Ill.Dec. 127,186 Ill.App.3d 82
• Parties: , 134 Ill.Dec. 127 Ronald C. ROBINSON and Leonard Barr, Plaintiffs-Appellants, v. Julius A. JONES, John O. Steele, Derotha H. Rogers, Roy P. Oliver, the Chicago Board of Election Commissioners, Nikki M. Zollar, Michael J. Hamblett and Raymond L. Jagielski, as Members of the Chicago Board of Election Commissioners, and the Chicago Municipal Officers Canvassing Board, Defendants-Appellees.
• Court: United States Appellate Court of Illinois

Page 127

542 N.E.2d 127 186 Ill.App.3d 82, 134 Ill.Dec. 127 Ronald C. ROBINSON and Leonard Barr, Plaintiffs-Appellants,
v.
Julius A. JONES, John O. Steele, Derotha H. Rogers, Roy P.
Oliver, the Chicago Board of Election Commissioners, Nikki
M. Zollar, Michael J. Hamblett and Raymond L. Jagielski, as
Members of the Chicago Board of Election Commissioners, and
the Chicago Municipal Officers Canvassing Board, Defendants-Appellees. No. 1-89-0752. Appellate Court of Illinois,
First District, Fifth Division. June 30, 1989.

Page 128

[186 Ill.App.3d 84] [134 Ill.Dec. 128] David A. Epstein, Karlo M. Karacic, Carroll, Sain & Epstein, Ltd., Nathaniel R. Howse, Jr., Chicago, for plaintiffs-appellants.

Freddrenna Lyle, Smith & Lyle, Larry R. Rogers, Hayes & Power, Channon Williams and Chester Slaughter, C. Slaughter & Assoc., Chicago, for defendant-appellee John O. Steele.

Justice PINCHAM delivered the opinion of the court:

Plaintiffs, Ronald C. Robinson and Leonard Barr, appeal from an order of the circuit court of Cook County dismissing their complaint for an election contest of the February 28, 1989, special election for the office of alderman of the Sixth Ward of Chicago and for an injunction because their complaint was not filed within the five-day statute of limitations set forth in section 21-27 of the Illinois Municipal Code (Ill.Rev.Stat.1987, ch. 24, par. 21-27.) The issues presented for review are whether this Chicago Sixth Ward aldermanic election contest was governed by section 21-27 of the Illinois Municipal Code (Municipal Code), or section 23-20 of the Illinois Election Code (Election Code) (Ill.Rev.Stat.1987, ch. 46, par. 23-20) and whether the trial court properly denied plaintiffs' request for injunctive relief.

On February 28, 1989, the Chicago Board of Election Commissioners (Board) held a special election for the offices of Mayor of the City of Chicago and alderman of the Sixth Ward. Plaintiff Ronald C. Robinson, defendants John O. Steele, Roy P. Oliver and Derotha H. Rogers appeared on the ballot as candidates for the office of alderman and Julius A. Jones ran for alderman as a write-in candidate. ¹

On March 7, 1989, the Board proclaimed the following results for the sixth ward aldermanic election:

"Alderman 6th Ward Count Percent*
                 Roy P. Oliver 1,523 6.55
                 Ronald C. Robinson 11,641 50.10
                 Derotha H. Rogers 2,249 9.68
                 John O. Steele 7,824 33.67
                 Write"Ins
                *Percentage does not include write-in votes.
                 Votes
                Julius A. Jones 88"
                

[186 Ill.App.3d 85] Because none of the candidates received a majority of the total votes cast in the aldermanic election, the Board scheduled a supplementary (run-off) election for April 4, 1989, for alderman between plaintiff Robinson and defendant Steele, who, respectively, had received the highest and second highest number of votes.

On March 16, 1989, plaintiffs filed the instant complaint for election contest and injunction. Plaintiffs alleged, inter alia, that 82 of the 88 write-in votes cast for

Page 129

[134 Ill.Dec. 129] Julius A. Jones were invalid because the election judges had failed to sequentially number the write-in ballot cards as required by the handbook prepared and issued by the Board of election judges. By reason of these alleged invalid votes, plaintiffs asked the court to declare that plaintiff Robinson had received a majority of the valid votes cast in the aldermanic election and that...