Harmon v. Town of Cicero Municipal Officers Electoral Board

864 N.E.2d 996, 371 Ill. App. 3d 1111
CourtAppellate Court of Illinois
DecidedMarch 16, 2007
Docket1-07-0499
StatusPublished
Cited by7 cases

This text of 864 N.E.2d 996 (Harmon v. Town of Cicero 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
Harmon v. Town of Cicero Municipal Officers Electoral Board, 864 N.E.2d 996, 371 Ill. App. 3d 1111 (Ill. Ct. App. 2007).

Opinion

JUSTICE McNULTY

delivered the opinion of the court:

The Town of Cicero Municipal Officers Electoral Board struck the nomination papers for Dana Bax and Virginia Harmon. Bax and Harmon petitioned for judicial review of the Board’s decision. The trial court reversed the Board and the Board now appeals.

BACKGROUND

Bax and Harmon filed nomination petitions for election to the office of trustee for the Town of Cicero, for an election to take place on February 27, 2007. Each candidate included in her petition more than 100 pages of signatures. Each page bore at least 1 and no more than 10 purported signatures of voters, along with the signature of the person who claimed to have circulated that page of the petition. Bax claimed that 881 voters in Cicero indicated their support for her candidacy by signing her petition. Harmon claimed that signatures of 887 voters supported her nomination.

Fernando Moran objected to both petitions. For each candidate’s petition, he specified more than 400 signatures that he challenged on various grounds. The parties stipulated that the nomination petitions needed 555 signatures of voters to qualify the candidate for the ballot. Pursuant to the Board’s rules, employees of the county clerk of Cook County, with notice to both the candidates and the objector, compared the petitions to voter registration records. The employees sustained objections to 197 signatures on Bax’s petition and 256 signatures on Harmon’s petition. The candidates have not challenged the rulings excluding those signatures.

The Board held a hearing at which the parties presented testimony, affidavits and exhibits. Moran offered into evidence affidavits of several persons who signed the candidates’ petitions. All of the affiants identified their signatures on pages Jose Alanis swore he circulated. All of the affiants saw a photograph of Alanis, and all swore that a person other than Alanis obtained their signatures on the petitions.

Bax and Harmon objected to the affidavits, claiming that the unavailability of the affiants for cross-examination deprived them of due process. The Board noted that its rules expressly permitted the Board to consider affidavits. The Board reminded the candidates that the Board had the power to subpoena any witnesses the parties sought to examine, including the affiants. The candidates did not seek to subpoena the affiants.

Instead, Alanis obtained signatures on affidavits from several other persons listed on petitions he swore he circulated. In the affidavits those persons swore that Alanis had, in fact, requested signatures from them on the nominating petitions.

On January 24, 2007, Alanis testified before the Board that he personally circulated all of the petition pages that he signed, and he personally witnessed each signature. Counsel for Moran asked Alanis about his preparation for testifying. Alanis swore that Bax told Alanis to come into court to testify, but she said nothing more to him. Bax said nothing about what he should say to the Board.

A police officer identified a compact disc as a copy of a recording made by a surveillance camera in the corridor outside the courtroom on January 24, 2007, before Alanis started testifying. The recording shows Alanis apparently speaking with Bax as they pass a police officer in the hall.

Officer Cheryl Walsh, who stood in the corridor outside the courtroom before Alanis testified on January 24, 2007, swore that she overheard part of the conversation between Alanis and Bax:

“Ms. Bax said to him that they are going to talk to you about the signatures. Alanis replied what if I don’t remember. Ms. Bax replied just say yes to everything.”

The Board found that neither Bax nor Harmon had presented sufficient valid signatures to permit nomination for the office of trustee. For each candidate the Board found several independent bases for holding the nominating petitions insufficient. First the Board noted that the 197 invalid signatures on the Bax petition amounted to 22% of all her signatures, and the 256 invalid signatures on Harmon’s petition came to 29% of her total. The Board found that the large percentage of invalid signatures showed that “those nominating petitions, in the whole, are tainted by a pattern of fraud, false swearing and a total disregard for the mandatory requirements of the Election Code.” On that basis the Board struck all pages of signatures filed for both candidates. Without any signatures, neither candidate qualified for nomination.

As its second basis for rejecting the nominating papers, the Board noted that the court clerk rejected 101 signatures on Bax’s petition as invalid because “the purported signatory did not sign in his or her own proper person.” From Harmon’s petition the court clerk rejected 113 signatures on the same basis. The Board members inspected the exhibits and specifically found that some of the pages of the petition appeared to have a number of different signatures written by the same hand. The handwriting looked like the signature in the voter registration records for one of the persons named and not at all like the signatures of the other persons listed. Thus, the evidence strongly suggested that the circulator permitted a single individual to sign multiple lines of the petition with different names. The Board found that the disparity between the signatures on the petitions and the signatures in voter registration records showed that the circulator for each such page of the petition acted at least in “culpable ignorance of the truth *** [with] conscious awareness of the falsity of those signatures.” On the basis of that finding, the Board struck all pages of the petition on which any such signature appeared. The 101 invalid signatures on the Bax petition appeared on 54 different pages; without those pages Bax had fewer than the requisite 555 signatures. The 113 invalid signatures on the Harmon petition appeared on 61 different pages; without those pages Harmon had fewer than 400 signatures. Thus, neither candidate had sufficient signatures to qualify the candidates for nomination.

The third reason for finding that Harmon did not qualify for the ballot also derived from a decision to strike specific pages due to a pattern of fraud and false swearing. The Board found that the county clerk sustained objections to at least half of the signatures on 25 pages of Harmon’s petition. Those pages showed a pattern of fraud and false swearing that, according to the Board, warranted striking all signatures on these pages. With the 256 signatures the county clerk found invalid, invalidation of the remaining signatures on those 25 pages left Harmon with fewer than the requisite 555 signatures.

The county clerk sustained objections to at least half of the signatures on 10 pages of Bax’s petition. The Board found that the pattern of fraud warranted striking all signatures on those 10 pages. If the Board struck nothing other than the 197 signatures the county clerk found invalid, and the remaining signatures on the 10 pages with at least half of the signatures invalid, Bax would have had enough signatures to qualify. The third reason for rejecting Harmon’s petition does not directly apply to Bax’s petition.

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Cite This Page — Counsel Stack

Bluebook (online)
864 N.E.2d 996, 371 Ill. App. 3d 1111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harmon-v-town-of-cicero-municipal-officers-electoral-board-illappct-2007.