Craig v. Electoral Bd. of Oconee Tp.

566 N.E.2d 775, 207 Ill. App. 3d 1042, 152 Ill. Dec. 898, 1991 Ill. App. LEXIS 35
CourtAppellate Court of Illinois
DecidedJanuary 8, 1991
Docket5-89-0249
StatusPublished
Cited by3 cases

This text of 566 N.E.2d 775 (Craig v. Electoral Bd. of Oconee Tp.) 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
Craig v. Electoral Bd. of Oconee Tp., 566 N.E.2d 775, 207 Ill. App. 3d 1042, 152 Ill. Dec. 898, 1991 Ill. App. LEXIS 35 (Ill. Ct. App. 1991).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

An Oconee Township Democratic Party caucus was held on January 10, 1989, for the purpose of nominating candidates to local township offices. At the caucus a motion was made and carried to adopt rules of procedure whereby the candidates would be selected as a slate. A slate consisting of six candidates was nominated, and Mark Craig was then nominated as road commissioner. The nomination of Mark Craig was not accepted. The caucus accepted the first slate of candidates to run in the local township election.

On January 20, 1989, Mark Craig served objections to the caucus procedure upon the Oconee Township clerk. The objections were set for hearing on January 27, 1989. Craig and his attorney appeared at the hearing and moved to withdraw Craig’s objections to the caucus procedure. The motion was denied. Craig’s motion for a continuance of the hearing on his objections to caucus procedure was denied. Craig then filed an objection to the nomination papers. The board allowed the filing of the objection to nomination papers. Craig and his attorney then left the hearing. At this point in the proceedings, the board examined both pleadings and determined that the only substantial difference between the two pleadings was the latter’s prayer for a new caucus. The electoral board proceeded to conduct a hearing and concluded that the caucus of January 10, 1989, was conducted in a proper manner. The board overruled the petitioner’s objections and sustained the caucus results.

Craig filed for judicial review of the board’s decision. The trial court’s decision was limited to two issues: (1) whether the electoral board’s decision was arbitrary or not supported by the findings; and (2) whether the electoral board had authority to conduct the hearing on both the objections to caucus procedure and objection to nomination papers. The trial court confirmed the decision of the electoral board and assessed costs of $350 against petitioner for service of the subpoenas and notices of the January 27,1989, hearing. Petitioner appeals.

Judicial review of decisions of the electoral board is intended to provide a remedy against arbitrary or unsupported decisions. Williams v. Butler (1976), 35 Ill. App. 3d 532, 538, 341 N.E.2d 394, 398; Wiseman v. Elward (1972), 5 Ill. App. 3d 249, 254, 283 N.E.2d 282, 287.

The first issue raised by petitioner is whether it was error for the electoral board not to accept the nomination wherein petitioner’s name was included. We find no error. Section 6A — 1.1 of the Township Law of 1874 (Ill. Rev. Stat. 1989, ch. 139, par. 59a. 1) provides that “[t]he rules of procedure for conducting a township *** caucus must be approved and may be amended by a majority vote of the qualified participants attending the caucus.” Section 6A — 1.1 also provides that the rules of procedure shall include “[w]hether candidates will be selected as a slate or as individual nominees for each office.” (Ill. Rev. Stat. 1989, ch. 139, par. 59a. 1(a).) The minutes of the January 10, 1989, caucus reveal that a motion was made to adopt rules of the caucus whereby candidates would be nominated by slate. The motion carried. As shown in the minutes, the caucus then proceeded as follows:

“Clarence Schmitz called for the nominations. Carl Rakers nominated the following slate: Wilmer McDonald — Highway Commissioner, Clarence Schmitz — Supervisor, Carol Hoehn — Clerk, Kenneth Flesch, Jim Berns, Joe Wolf, and Paul Temmen — Trustees.
Tom Berns nominated Mark Craig for road commissioner. It was explained that his nomination cannot [sic] be accepted due to the ruling that nominations be accepted as a slate.
John Berns made a motion that the nominations be closed, seconded by Tom Berns, Motion carried.”

Judicial review of electoral board decisions are not to exceed the record made before that board. (Wiseman, 5 Ill. App. 3d at 255, 283 N.E.2d at 287.) The minute record shows that although an opportunity was given for discussion on whether to adopt the proposed rules of procedure, no one objected to the rule that nominations would be by slate. Petitioner argues that Tom Berns’ nomination of Mark Craig was obviously a nomination of a slate consisting of the previously nominated slate with Craig’s name substituted for Wilmer McDonald’s. We disagree.

The primary rule of statutory construction is that the court must ascertain and give effect to the intent of the legislature. (People v. Robinson (1982), 89 Ill. 2d 469, 475, 433 N.E.2d 674, 677.) When construing a statute, the court should look first to the language of the statute (Robinson, 89 Ill. 2d at 475), giving the terms of the statute their plain and ordinary meaning (People v. Steppan (1985), 105 Ill. 2d 310, 317, 473 N.E.2d 1300, 1303-04). Section 6A-l.l(a)(4)(6) mandates that the rules of procedure shall include whether the candidates will be selected as a slate or as individual nominees. A slate is a list of candidates for public office, while an individual is defined as a single person as distinguished from a group or class. (Black's Law Dictionary 1245, 696 (5th ed. 1979).) Given the common meaning of these words, and the statutory distinction afforded in section 6A — 1.1 to the selection of candidates as a slate or as individuals, it is clear that Tom Berns’ nomination of Mark Craig was as an individual and not as a slate.

Petitioner next argues that the electoral board erred in conducting a hearing on his objections to caucus procedure, where the petition did not contain the statutory prerequisites of section 10 — 8 of the Election Code:

“The objector’s petition shall give the objector’s name and residence address, and shall state fully the nature of the objections to the certificate of nomination or nomination papers or petitions in question, and shall state the interest of the objector and shall state what relief is requested of the electoral board.” (Ill. Rev. Stat. 1989, ch. 46, par. 10 — 8.)

Petitioner argues that his objections to caucus procedure did not contain a statement of his residence, a full statement of the objections, a statement of his interest, and a statement of the relief requested. We have examined the two petitions filed by Craig and find the differences between the documents to be minimal. The objections to caucus procedure, while stating that Craig is a resident of Oconee Township, do not provide his residence address. The objection to nomination papers does include Craig’s residence address. While Craig argues that his first petition does not contain a full statement of his objections, we find the objections in each petition to be substantially similar. In fact, the objections in the initial petition, which Craig attempted to withdraw, are more detailed than those in the second petition. Finally, we note that the objection to nomination papers includes the following, which is not included in the objections to caucus procedure:

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566 N.E.2d 775, 207 Ill. App. 3d 1042, 152 Ill. Dec. 898, 1991 Ill. App. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-v-electoral-bd-of-oconee-tp-illappct-1991.