Zack v. Ott
| Citation | 886 N.E.2d 487,381 Ill.App.3d 545 |
| Decision Date | 01 April 2008 |
| Docket Number | No. 2-07-0228.,2-07-0228. |
| Parties | Daniel G. ZACK, Petitioner-Appellant, v. Russell OTT and Lori Ott, Respondents-Appellees. |
| Court | United States Appellate Court of Illinois |
The Batavia Public Library District (the Batavia district) sought to annex certain territory in which respondents, Russell Ott and Lori Ott (collectively, the Otts), and petitioner, Daniel G. Zack, allegedly reside. The Otts sought a referendum on the annexation by signing and filing a petition with the Batavia district's board of library trustees. Suspecting that the neighboring Geneva Public Library District (the Geneva district) had facilitated the Otts' petition, Zack objected to the referendum by filing his own petition with the Kane County Officers Electoral Board (the Electoral Board). Following a public hearing, the Electoral Board overruled Zack's objection and ordered that the referendum be placed on the April 17, 2007, ballot.
Zack appealed the Electoral Board's decision by filing a petition for judicial review in the circuit court of Kane County. The caption of the petition does not name the Electoral Board or its members as "parties," but each member was timely served with the petition and Zack filed proof of service in the circuit court. The court concluded that it lacked subject matter jurisdiction to consider the petition, because the petition did not name the members of the Electoral Board as parties. The court dismissed the petition solely on the jurisdictional issue, and we conclude that the court erred in ruling that it lacked subject matter jurisdiction over the petition. Therefore, we reverse the circuit court's order and remand the cause for further proceedings.
On October 18, 2006, the Batavia district passed Ordinance No. 2006-011 (the annexation ordinance), which sought to annex certain territory. See 75 ILCS 16/15-15 (West 2006) (). On November 20, 2006, the Otts signed and filed with the district a document entitled "Petition for Referendum Concerning Annexation of Territory to the Batavia Public Library District." See 75 ILCS 16/15-15 (West 2006). The Otts were the only signatories of the petition for the referendum.
On December 1, 2006, Zack filed his objection to the referendum. Under section 10-8 of the Election Code, any legal voter in the district may file an objector's petition with the proper electoral authority. 10 ILCS 5/10-8 (West 2006). Asserting that he was a legal voter eligible to object, Zack argued that (1) the Otts' signatures are not legible; (2) the signatures on the petition for referendum do not match the Otts' official signatures that were recorded in the office of the election authority, because they appear different and do not include the Otts' middle initials; (3) the Otts registered as voters in the annexation territory on the same day they signed the petition, which made their legal residence "questionable and doubtful"; (4) Zack is interested in ensuring that only "qualified voters and their proper signatures" appear on the petition for referendum as required; and (5) the neighboring Geneva district solicited the petition, which constitutes "improper ultra vires political acts beyond the statutory powers of such library district." In support of the objection, Zack attached copies of the Otts' petition for referendum, the Kane County Election Commission certifications of the Otts' voter registration status, and a letter in which the library director of the Geneva district tendered the Otts' petition to the Batavia district's board of library trustees.
The Electoral Board held a public hearing on the objection on December 13, 2006, and the Electoral Board entered its written findings on December 22, 2006. The Otts moved to strike the objection, based on Zack's absence from the hearing, but the Electoral Board denied the motion because Zack was represented by counsel. Zack sought a declaration that the petition for referendum was moot, but the Electoral Board denied it, concluding that the subsequent actions of the Batavia district were beyond the scope of the hearing. The Electoral Board found that the Otts were registered voters at the time they signed the petition for referendum and that the petition otherwise complied with the Election Code. Therefore, the Electoral Board denied Zack's objection to the referendum.
On December 29, 2006, Zack filed a petition for judicial review in the circuit court of Kane County. On January 29, 2007, the circuit court entered a written order dismissing the petition for judicial review, based on a finding that the court "lacks subject matter jurisdiction for [Zack's] failure to name the members of the Electoral Board as parties." Zack filed a timely notice of appeal on February 28, 2007.
On appeal, Zack argues that we must reverse the circuit court's dismissal of his petition for judicial review because (1) the court erred in deciding that it lacked subject matter jurisdiction to decide the petition; (2) the Electoral Board, before making its ruling, erred in refusing to consider the lack of contiguity of the Otts' property; (3) the Electoral Board's ruling should be set aside and the Otts' petition should be declared invalid; and (4) the Electoral Board is not a proper party to these proceedings and may not engage in advocacy. The Otts offer arguments to rebut all of Zack's positions, but we conclude that Zack prevails on the jurisdictional issue, which is dispositive.
Zack persuasively argues that the circuit court erred in ruling that his failure to name the Electoral Board members in the petition for judicial review divested the court of subject matter jurisdiction. Illinois courts do not possess "inherent authority" to resolve disputes concerning elections; courts exercise their jurisdiction over such cases only as provided by statute. Rita v. Mayden, 364 Ill.App.3d 913, 917, 301 Ill.Dec. 568, 847 N.E.2d 578 (2006); Allord v. Municipal Officers Electoral Board, 288 Ill. App.3d 897, 900, 224 Ill.Dec. 564, 682 N.E.2d 125 (1997). If the party seeking judicial review of an electoral board's decision fails to comply strictly with the statutory procedures, Illinois courts cannot invoke their jurisdiction. Rita, 364 Ill.App.3d at 917, 301 Ill.Dec. 568, 847 N.E.2d 578; Allord, 288 Ill.App.3d at 900, 224 Ill.Dec. 564, 682 N.E.2d 125.
However, a party's compliance with the statutory procedures gives the circuit court subject matter jurisdiction only if the pleading on file seeks relief that the court has the authority to grant. Cardona v. Del Granado, 377 Ill.App.3d 379, 384, 316 Ill.Dec. 601, 879 N.E.2d 989 (2007) (). In this case, Zack's petition for judicial review informed the necessary parties of the claimed issues and what relief was sought. See Cardona, 377 Ill.App.3d at 384, 316 Ill.Dec. 601, 879 N.E.2d 989. We determine that the pleading sufficiently raised justiciable matters such that the circuit court had the authority to order the relief sought. See People v. Mescall, 379 Ill.App.3d 670, 674, 318 Ill.Dec. 381, 883 N.E.2d 612 (2008), quoting People v. Davis, 156 Ill.2d 149, 157, 189 Ill.Dec. 49, 619 N.E.2d 750 (1993) ().
The cardinal rule of statutory construction is to ascertain and give effect to the true intent of the legislature. People v. Alexander, 204 Ill.2d 472, 485, 274 Ill.Dec. 414, 791 N.E.2d 506 (2003). The starting point in ascertaining the legislature's intent is the language of the statute itself. Serwinski v. Board of Election Commissioners, 156 Ill.App.3d 257, 259, 108 Ill. Dec. 813, 509 N.E.2d 509 (1987). We interpret the Election Code, like all statutes, in a way that gives meaning to all of the language in the statute. Allord, 288 Ill. App.3d at 903, 224 Ill.Dec. 564, 682 N.E.2d 125 (), citing In re Application of the County Collector, 132 Ill.2d 64, 72, 138 Ill.Dec. 138, 547 N.E.2d 107 (1989). When the facts are not disputed, determining compliance with the Election Code is a question of law, which we review de novo. Pascente v. County Officers Electoral Board, 373 Ill.App.3d 871, 873, 311 Ill.Dec. 789, 869 N.E.2d 802 (2007).
Section 10-10.1 of the Election Code, which governs the filing of a petition for judicial review of an electoral board's decision, provides in relevant part as follows:
"Except as otherwise provided in this Section, a[n] * * * objector aggrieved by the decision of an electoral board may secure judicial review of such decision in the circuit court of the county in which the hearing of the electoral board was held. The party seeking judicial review must file a petition with the clerk of the court within 10 days after the decision of the electoral board. The petition shall contain a brief statement of the reasons why the decision of the board should be reversed. The petitioner shall serve a copy of the petition upon the electoral board and other parties to the proceeding by registered or certified mail and shall file proof of service with the clerk of the court. No answer to the petition need be filed, but any answer must be filed within 10 days after the filing of the petition.
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