Skoien v. State Bd. of Elections
| Decision Date | 18 December 2009 |
| Docket Number | Nos. 1-05-3407 to 1-05-3416.,s. 1-05-3407 to 1-05-3416. |
| Citation | 336 Ill. Dec. 630,396 Ill. App.3d 509,920 N.E.2d 1220 |
| Parties | COOK COUNTY REPUBLICAN PARTY, by Gary J. SKOIEN, Chairman, Petitioner-Appellant, v. The STATE BOARD OF ELECTIONS and 4th Ward Democratic Organization, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 5th Ward Regular Democratic Organization; and Leslie A. Hairston, Chairman and Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and 7th Ward Democratic Organization, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and Anthony Beale, 9th Ward Democratic Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and Theodore Thomas, 15th Ward Democratic Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and Ed H. Smith, 28th Ward Democratic Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 31st Ward Democratic Campaign Fund; and Joseph Berrios, Chairman and Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 39th Ward Regular Democratic Organization; James D'Amico, Chairman; and Randy Barnette, Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 40th Ward Regular Democratic Organization and Patrick J. O'Connor, Chairman and Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; Democratic Party of the 49th Ward; and David Fagus, Chairman and Committeeman, Respondents-Appellees. |
| Court | United States Appellate Court of Illinois |
Stephen F. Boulton, General Counsel, Cook County Republican Party, of Chicago, IL, for Appellant.
Lisa Madigan, Attorney General, State of Illinois, Gary Feinerman, Solicitor General, and Timothy K. McPike, Assistant Attorney General, of Chicago, IL, for Appellee, The State Board of Elections.
Mathias W. Delort and Aaron G. Allen, of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., of Chicago, IL, for Appellees, 4th Ward Democratic Organization, 5th Ward Democratic Organization, Leslie A. Hairston, Chairman and Committeeman, 40th Ward Regular Democratic Organization, Patrick J. O'Connor, Chairman and Committeeman, Democratic Party of the 49th Ward, and David Fagus, Chairman and Committeeman.
Burton S. Odelson of Odelson & Sterk, Ltd., of Evergreen Park, IL, for Appellees, 7th Ward Democratic Organization, Anthony Beale, 9th Ward Democratic Committeeman, and Ed H. Smith, 28th Ward Democratic Committeeman.
Michael E. Lavelle, of Lavelle & Motta, Ltd., of Chicago, IL, for Appellee, Theodore Thomas, 15th Ward Democratic Committeeman.
Thomas A. Jaconetty, of Chicago, IL, and James P. Nally, of James P. Nally, PC, of Chicago, IL, for Appellees, 31st Ward Democratic Campaign Fund, Joseph Berrios, Chairman and Committeeman, 39th Ward Regular Democratic Organization, James D'Amico, Chairman, and Randy Barnette, Committeeman.
This appeal is before us again to consider whether the Illinois State Board of Elections (Board) erred by dismissing, under section 9-21 of the Illinois Election Code (10 ILCS 5/9-21 (West 2004)), eight complaints filed by the Cook County Republican Party (Party) against the Chicago Democratic ward organizations, ward chairmen and ward committeemen named in this appeal (collectively, respondents). See Cook County Republican Party v. State Board of Elections, 378 Ill.App.3d 752, 764, 317 Ill.Dec. 519, 882 N.E.2d 93 (2007) (Cook County I). Our holding in Cook County I was reversed by our supreme court, and the case was remanded to us with clear instructions of the standard and the scope of review to be employed. See Cook County Republican Party v. Illinois State Board of Elections, 232 Ill.2d 231, 234, 327 Ill.Dec. 531, 902 N.E.2d 652 (2009) (Cook County II)). Finding no clear error by the Board under these instructions, we affirm.
The Party filed 10 complaints with the Board, one against each respondent. All 10 complaints alleged violations of sections 9-10(a) and 9-25.1(b) of the Election Code (10 ILCS 5/9-10(a), 9-25.1(b) (West 2004)), which prohibit the appropriation of public funds for political or campaign purposes and require every local political committee to file reports of campaign contributions, including in-kind contributions. Three of the complaints also alleged violations under section 9-3 of the Election Code (10 ILCS 5/9-3 (West 2004)) for failure to file a statement of organization as a political committee.
A simultaneous, closed preliminary hearing was held on all 10 complaints. See 10 ILCS 5/9-21 (West 2004) (). The hearing officer who presided over the closed preliminary hearing concluded all but one of the complaints were filed on justifiable grounds and recommended that those complaints proceed to a public hearing. See Illinois Republican Party v. Illinois State Board of Elections, 188 Ill.2d 70, 74, 241 Ill.Dec. 776, 720 N.E.2d 231 (1999) ().
The Board, which consists of eight members, four from each political party, met to hear from its general counsel and to rule on the complaints. See 10 ILCS 5/1A-2 (West 2004) (); see also Ill. Const.1970, art. III, § 5 (). The Board's general counsel disagreed with the hearing officer's recommendation to advance 9 of the 10 complaints, saying the evidence presented at the closed preliminary hearing was insufficient to support the Party's allegations. See 26 Ill. Adm. Code § 125.253, amended at 14 Ill. Reg. 10832 (eff. June 22, 1990) (defining general counsel's role). The general counsel recommended that all 10 complaints be dismissed without a public hearing. In a five to three vote, the Board dismissed the complaints filed against Leslie A. Hairston, 5th Ward Regular Democratic Organization chairman and committeeman, and Ed H. Smith, 28th Ward Democratic committeeman. The Board reached a tie vote on the remaining eight complaints. The Board dismissed those complaints under section 9-21 of the Election Code, which directs the Board to dismiss a complaint where it cannot reach a majority vote on whether justifiable grounds exist. 10 ILCS 5/9-21 (West 2004); see also 10 ILCS 5/1A-7 (West 2004) ().
The Party appealed the Board's rulings to this court in Cook County I. We affirmed the dismissal of the Hairston and Smith complaints, finding no clear error. Cook County I, 378 Ill.App.3d at 757-59, 317 Ill.Dec. 519, 882 N.E.2d 93. With respect to the remaining eight complaints that were dismissed because the Board could not reach a majority vote, we held our review was limited to whether the Board complied with section 9-21 of the Code. Cook County I, 378 Ill.App.3d at 763, 317 Ill.Dec. 519, 882 N.E.2d 93. Our rationale was based, in part, on the Board's failure to provide us with findings of fact and conclusions of law to review. Cook County I, 378 Ill.App.3d at 761, 317 Ill.Dec. 519, 882 N.E.2d 93. Finding the Board in compliance, we affirmed the dismissal of those complaints as well. Cook County I, 378 Ill.App.3d at 764, 317 Ill. Dec. 519, 882 N.E.2d 93.
The supreme court allowed the Party's petition for leave to appeal. The court rejected our view of tie vote dismissals: that our review is limited to whether the Board complied with section 9-21 of the Code. Cook County II, 232 Ill.2d at 241, 327 Ill.Dec. 531, 902 N.E.2d 652. The court reversed and remanded for a determination of whether those eight complaints were filed on justifiable grounds. Cook County II, 232 Ill.2d at 241, 327 Ill.Dec. 531, 902 N.E.2d 652. In doing so, the court defined the standard and the scope of our review. Cook County II, 232 Ill.2d at 241-45, 327 Ill.Dec. 531, 902 N.E.2d 652.
The court first looked to the question presented on appeal, as that dictates the standard we apply. Cook County II, 232 Ill.2d at 243, 327 Ill.Dec. 531, 902 N.E.2d 652. The court held that "[t]he question here involves application of the `justifiable grounds' standard to the facts elicited at the preliminary hearing." Cook County II, 232 Ill.2d at 244, 327 Ill.Dec. 531, 902 N.E.2d 652. Whether the complaints were filed on justifiable grounds is a mixed question of law and fact and is reviewed under the clearly erroneous standard. Cook County II, 232 Ill.2d at 234-44, 327 Ill.Dec. 531, 902 N.E.2d 652. "A decision is `clearly erroneous' only if the reviewing court is left with a `"`definite and firm conviction that a...
To continue reading
Request your trial