Better Broadview Party v. Walters

159 F. Supp. 3d 885, 2016 U.S. Dist. LEXIS 11566, 2016 WL 374144
CourtDistrict Court, N.D. Illinois
DecidedFebruary 1, 2016
DocketNo. 15 C 2445
StatusPublished
Cited by3 cases

This text of 159 F. Supp. 3d 885 (Better Broadview Party v. Walters) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Better Broadview Party v. Walters, 159 F. Supp. 3d 885, 2016 U.S. Dist. LEXIS 11566, 2016 WL 374144 (N.D. Ill. 2016).

Opinion

Memorandum Opinion and Order

Thomas M. Durkin, United States District Judge

The Better Broadview Party (the “Party”) is an established political party within the Village of Broadview, Illinois (the “Village”). The Party and four of its members — Judy Brown-Marino, John Ealey, Tara Brewer, and Diane Little — allege that Defendants acted to prevent Ealey, Brewer, and Little from appearing on the ballot for an election of Village trustees, in violation of state law (Count III) and the Fourteenth Amendment (Counts IV and V). See R. l-l.1 Defendants have moved to dismiss Plaintiffs’ claims for lack of subject matter jurisdiction and failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6). R. 26. For the following reasons, Defendants’ motion is denied.

Legal Standard

For purposes of a motion to dismiss under Rule 12(b)(1) the court accepts all well-pleaded factual allegations as true and construes all reasonable inferences in the plaintiffs favor. See Scanlan v. Eisenberg, 669 F.3d 838, 841 (7th Cir.2012). “Where jurisdiction is in question, the party asserting a right to a federal forum has the burden of proof, regardless of who raise[d] the jurisdictional challenge.... ” Craig v. Ontario Corp., 543 F.3d 872, 876 (7th Cir.2008).

A Rule 12(b)(6) motion challenges the sufficiency of the complaint. See, e.g., Hollinan v. Fraternal Order of Police of Chi. Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009). A complaint must provide “a short [888]*888and plain statement of the claim showing that the pleader is entitled to relief,” Fed. R. Civ. P. 8(a)(2), sufficient to provide defendant with “fair notice” of the claim and the basis for it. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). This standard “demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). While “detailed factual allegations” are not required, “labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955. The complaint must “contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). “ ‘A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.’” Mann v. Vogel, 707 F.3d 872, 877 (7th Cir.2013) (quoting Iqbal, 556 U.S. at 678, 129 S.Ct. 1937). In applying this standard, the Court accepts all well-pleaded facts as true and draws all reasonable inferences in favor of the non-moving party. Mann, 707 F.3d at 877.

Background

Plaintiffs allege that Defendants are their political rivals in the Village. See R. 1-1 at 13 (¶ 36). Plaintiffs also allege that Defendants misused their power and authority to attempt to prevent Plaintiffs from ensuring that Ealey, Brewer, and Little appeared on the ballot for the April 2015 “consolidated election”2 for four Village trustee seats. See R. 1-1.

Plaintiffs filed nominating papers for Brown-Marino, Ealey, Brewer, and Little with defendant Walters, the Clerk of the Village, on January 28, 2015. R. 1-1 at 10 (¶ 28). Clerk Walters certified a ballot that included Brown-Marino because she was an incumbent, but did not include Ealey, Brewer, and Little. Id. at 5 (¶ 16).

As an incumbent Village trustee, Brown-Marino asked Clerk Walters why he had omitted Ealey, Brewer, and Little from the ballot, and learned that the Village’s outside counsel — defendants Scarlato and Fornaro — advised Clerk Walters that Plaintiffs’ nominating papers were filed too early. Id. at 7-8 (¶¶ 21-22). Plaintiffs allege, to the contrary, that their filing was timely pursuant to 10 ILCS 5/7-61, and according to the calendar published by the Illinois State Board of Elections for 2015. Id. ¶¶ at 4 (10-12). Plaintiffs also contend that Clerk Walters “has a non-discretionary duty to certify the names of all candidates who filed nomination papers in apparent conformity with the Election Code,” citing 10 ILCS 5/10-15 and 10-8. Id. at 6 (¶ 17).

Plaintiffs concede, however, that 10 ILCS 5/7-61 — the statute they allege supports the timeliness of their filing — is ambiguous with respect to its application to “consolidated elections” as opposed to “general elections.” Id. at 8 (¶ 25). Plaintiffs assumed that Defendants were interpreting the statute in such a way as to prohibit'filing of nominating papers prior to the date of the primary election on February 24, 2015. Id. at 8-9 (¶¶ 24, 26). So although Plaintiffs believed that their nominating papers were timely filed on January 28, 2015 and that Defendants had interpreted the statute incorrectly, Plaintiffs again filed nominating papers on February 27, 2015 in an attempt to comply [889]*889with their perception of Defendants’ interpretation of the statute. Id. at 9 (¶26).

Clerk Walters did not certify a ballot including Ealey, Brewer, and Little based on the February 27 nominating papers. Id. at 9-10 (¶¶ 27-28). Plaintiffs allege that Scarlato told Brown-Marino that he and Fornaro advised Clerk Walters not to certify Ealey, Brewer, and Little because the February 27 nominating papers were filed too late because the deadline was December 22, 2014. Id. at 11 (¶ 30).

Scarlato and Fornaro’s contention that Ealey’s, Brewer’s, and Little’s February 27 nominating papers were filed late was also expressed in a formal objection to their certification made on March 6, 2015.3 R. 1-1 at 9-10 (¶ 27); R. 10-1. The objection cites the “2015 Candidates Handbook” to support Scarlato and Fornaro’s opinion that the filing deadline for nomination papers was actually December 22, 2014, and thus, Plaintiffs’ filing was late. See R. 10-1 at 2 (¶ 4). The objection also contends that the statute Plaintiffs relied on to argue that their nomination filings were timely— 10 ILCS 5/7-61 — is inapplicable to “consolidated elections” like the April 2015 election. Id. at 3 (¶ 15). Plaintiffs allege that this objection should not have prevented Clerk Walters from certifying a new ballot including Ealey, Brewer, and Little, because their names should have been included on the ballot noting that an objection to their candidacies was pending, pursuant to 10 ILCS 5/10-15(7). R. 1-1 at 9-10 (¶27).

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Bluebook (online)
159 F. Supp. 3d 885, 2016 U.S. Dist. LEXIS 11566, 2016 WL 374144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/better-broadview-party-v-walters-ilnd-2016.