Cinkus v. Village of Stickney Municipal Officers Electoral Board

869 N.E.2d 861, 373 Ill. App. 3d 866
CourtAppellate Court of Illinois
DecidedMay 21, 2007
Docket1-07-0700 Rel
StatusPublished
Cited by5 cases

This text of 869 N.E.2d 861 (Cinkus v. Village of Stickney Municipal Officers Electoral Board) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cinkus v. Village of Stickney Municipal Officers Electoral Board, 869 N.E.2d 861, 373 Ill. App. 3d 866 (Ill. Ct. App. 2007).

Opinion

PRESIDING JUSTICE McBRIDE

delivered the opinion of the court:

Petitioner, John E Cinkus, filed nomination papers to be a candidate for village trustee in the Village of Stickney. Respondent Sam Esposito objected to petitioner’s candidacy based on an allegation that petitioner is ineligible for office under section 3.1 — 10—5(b) of the Illinois Municipal Code (65 ILCS 5/3.1 — 10—5(b) (West 2004)) because petitioner owed $100 to the Village of Stickney. Respondent Village of Stickney Municipal Officers Electoral Board (Board) sustained Esposito’s objection under section 3.1 — 10—5(b) and found petitioner ineligible. Petitioner sought judicial review, arguing that the Board’s decision was contrary to law and violated due process. The trial court agreed with petitioner and reversed the Board’s decision.

Esposito appeals, arguing that the Board correctly ruled that petitioner was ineligible to run for village trustee because he was in arrears of a debt owed to the Village of Stickney at the time petitioner filed his nomination papers, pursuant to section 3.1 — 10—5(b).

On February 5, 2007, petitioner filed his nomination papers for the office of trustee in the Village of Stickney for the April 17, 2007, consolidated election. On February 12, 2007, Esposito filed a verified objector’s petition, alleging that petitioner is ineligible to run for trustee in the Village of Stickney under section 3.1 — 10—5(b) because “[t]he Candidate is in arrears in the payment of indebtedness in the amount of $100.00 to the Village of Stickney.” Petitioner filed a motion to dismiss the objection, which was taken with the case. Petitioner included his affidavit with the motion to dismiss, which claimed that petitioner attempted to pay the $100 debt on February 14, 2007, but the Village employee refused his tender. He was referred to a Village police officer, who also refused to accept payment, and told to speak with the mayor or Village treasurer. Petitioner attempted to pay the treasurer, but payment was again refused. Eventually, petitioner made out a check to the Village for the $100 judgment and inserted it into the payment window at the Village business office, stating that he was paying his debt.

On February 16 and 22, 2007, the Board conducted a hearing on Esposito’s objection. Esposito offered a notice of judgment for $100 entered against petitioner on November 16, 2006. Attached to the notice of judgment was a citation for disorderly conduct, pursuant to the Village of Stickney Municipal Code, issued against petitioner on April 27, 2006. The Board sustained Esposito’s objection and found:

“[T]he candidate is not eligible to be a candidate for the elected municipal office sought under the Illinois Municipal Code, 65 ILCS 5/3.1 — 10—5(b), as he is indebted to the Village of Stickney in the amount of $100.00 by virtue of a judgment entered against him in that amount which, as of the date of the filing of the candidate’s nomination papers and as of the date of the filing of the Objector’s Petition, was unpaid.”

The Board declared petitioner’s nomination papers to be invalid and his name shall not be printed on the ballot for the April 17, 2007, consolidated election.

Petitioner sought judicial review in the circuit court of Cook County. On March 15, 2007, the circuit court reversed the Board’s decision as “contrary to law, arbitrary and capricious, and violated Due Process and is against the manifest weight of the evidence.” The circuit court ordered petitioner’s name to be placed on the April 17, 2007, ballot. This appeal followed.

On appeal, Esposito argues that the Board correctly ruled that petitioner is not eligible to run for the office of trustee in the Village of Stickney due to his being in arrears of a debt owed to the Village of Stickney at the time petitioner filed his nomination papers. Petitioner responds that the section 3.1 — 10—5(b) applies to ineligibility to hold elected office, not ineligibility to run for elected office.

We review the Board’s decision on appeal rather than the circuit court’s decision. Bergman v. Vachata, 347 Ill. App. 3d 339, 344 (2004). The sole question presented on appeal involves the interpretation of section 3.1 — 10—5(b) of the Illinois Municipal Code (65 ILCS 5/3.1— 10 — 5(b) (West 2004)). The interpretation of a statute is a question of law and is reviewed de novo. Bergman, 347 Ill. App. 3d at 344.

Section 3.1 — 10—5(b) provides:

“A person is not eligible for an elective municipal office if that person is in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony.” 65 ILCS 5/3.1 — 10—5(b) (West 2004).

“The fundamental rule of statutory interpretation is to ascertain and effectuate the legislature’s intent.” Comprehensive Community Solutions, Inc. v. Rockford School District No. 205, 216 Ill. 2d 455, 473 (2005). “The plain language of a statute remains the best indication of this intent.” Comprehensive Community Solutions, Inc., 216 Ill. 2d at 473. “Where the language of a statute is clear, we may not read into it exceptions that the legislature did not express, and we will give it effect as written.” Comprehensive Community Solutions, Inc., 216 Ill. 2d at 473. “We also will give undefined statutory terms their ordinary meanings.” Comprehensive Community Solutions, Inc., 216 Ill. 2d at 473-74.

Although no Illinois court has addressed the eligibility of a candidate who is in arrears of a tax or other indebtedness, Illinois courts have considered the second part of section 3.1 — 10—5(b), where a person is not eligible for elective municipal office because of a felony conviction. See Pappas v. Calumet City Municipal Officers’ Electoral Board, 288 Ill. App. 3d 787 (1997); Bryant v. Board of Election Commissioners of the City of Chicago, 224 Ill. 2d 473 (2007); Delgado v. Board of Election Commissioners of the City of Chicago, 224 Ill. 2d 481 (2007).

In Pappas, the candidate asserted that the court should consider section 3.1 — 10—5 in para materia with section 29 — 15 of the Election Code (10 ILCS 5/29 — 15 (West 1994)), which allows for the restoration of the ability to run for office for those convicted of an infamous crime. Pappas, 288 Ill. App. 3d at 790. The reviewing court found no conflict and pointed out that the legislature intended to limit eligibility of felons seeking municipal office when it failed to enact a restoring clause during the 1992 amendments of section 3.1 — 10—5. Pappas, 288 Ill. App. 3d at 790. The Pappas court found “no ambiguity in the clear language of section 3.1 — 10—5 prohibiting felons from seeking municipal office.” Pappas, 288 Ill. App. 3d at 790.

Recently, the Illinois Supreme Court in Bryant and Delgado considered the eligibility of two convicted felons who attempted to run for the office of alderman in the City of Chicago. Bryant, 224 Ill. 2d at 474; Delgado, 224 Ill. 2d at 482.

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869 N.E.2d 861, 373 Ill. App. 3d 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cinkus-v-village-of-stickney-municipal-officers-electoral-board-illappct-2007.