Mashni Corp. Ex Rel. Mashni v. Laski

814 N.E.2d 879, 351 Ill. App. 3d 727, 286 Ill. Dec. 653
CourtAppellate Court of Illinois
DecidedJune 21, 2004
Docket1-03-0375
StatusPublished
Cited by6 cases

This text of 814 N.E.2d 879 (Mashni Corp. Ex Rel. Mashni v. Laski) 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
Mashni Corp. Ex Rel. Mashni v. Laski, 814 N.E.2d 879, 351 Ill. App. 3d 727, 286 Ill. Dec. 653 (Ill. Ct. App. 2004).

Opinion

JUSTICE McBRIDE

delivered the opinion of the court:

The Liquor Control Act of 1934 allows individual political precincts in cities of more than 200,000 inhabitants to hold binding referenda as to whether to prohibit the retail sale of alcoholic liquor within their geographic boundaries. 235 ILCS 5/9 — 2 (West 2002) (Act). A “local option” referendum will be printed on a precinct’s ballot when at least 25% of its legal voters sign a petition in favor of putting the question there. 235 ILCS 5/9 — 2 (West 2002). The proper form of a local option petition is dictated by the general Election Code (10 ILCS 5/1 — 1 (West 2002)) (Code) and the Act (235 ILCS 5/9 — 4 (West 2002)). In combination, the statutes mandate that each petition sheet include an affidavit from the circulator disclosing his or her address and certifying, among other things, that the signatures were signed in his or her presence and are genuine. 235 ILCS 5/9 — 4 (West 2002); 10 ILCS 5/28 — 3 (West 2002). The addition of the petition circulator’s affidavit is intended to ensure against fraud and protect the integrity of the political process by subjecting the circulator to the possibility of criminal prosecution. See, e.g., Brennan v. Kolman, 335 Ill. App. 3d 716, 720, 781 N.E.2d 644, 647 (2002). The statutes further provide, however, that a person may revoke his or her signature from a local option petition. 235 ILCS 5/9 — 4 (West 2002); 10 ILCS 5/28 — 3 (West 2002). The primary question on appeal is whether the circulator’s affidavit provisions apply to petition signature revocation documents. This is a matter of first impression.

Individuals opposed to the retail sale of alcoholic liquor in the 32nd precinct of the 48th Ward of the City of Chicago filed a local option petition with defendant city clerk James J. Laski, in anticipation of the election scheduled for February 23, 2003. The precinct is in Chicago’s Edgewater neighborhood. At the time, there were only two retail liquor stores in Edgewater: plaintiff Mashni Corporation was doing business at 1100 West Granville Avenue as Granville Food & Liquors, and plaintiff S&T, Inc., was doing business across the street at 1101 West Granville Avenue as Sun Liquors. There were 427 registered voters in the precinct in the last general election, and the petition was supported by 197 signatures

An attorney representing the two retail liquor licensees and eight individual voters from the precinct subsequently filed 96 signature revocation documents with the city clerk. The documents consisted of printed typewritten forms prepared by the attorney, which included a description of the petition at issue and blank spaces to be filled in by hand:

TO: JAMES J. LASKI
CLERK OF THE CITY OF CHICAGO
CHICAGO, ILLINOIS 60602
The undersigned resident and legal voter of the 32nd Precinct in the 48th Ward of the City of Chicago, State of Illinois, signed (his or her) name as a signer on Sheet_Line_on the_day of _, 2002, of the Petition consisting of 38 pages which has previously been filed in your offices on or about November 26, 2002. The Petition proposed that the following question be placed on the ballot of the election to be held in Chicago, Illinois on February 25, 2003:
‘SHALL THE SALE AT RETAIL OF ALCOHOLIC LIQUOR BE PROHIBITED IN THIS 32nd Precinct OF THE 48th Ward OF THE CITY OF CHICAGO?’
(as such precinct existed as of the last General Election)
In accordance with Chapter 235, Section 5/9 — 4, of the Illinois [Compiled] Statues concerning the Illinois Liquor Control Act of 1934, as amended, entitled ‘Local Referendum,’ I now exercise my right as a previous signer to hereby revoke my signature from said Petition.
NAME:_:_
ADDRESS:_
32nd Precinct of the 48th Ward Chicago, Illinois
DATED: December_, 2002
*****************************
AEFIDAVIT
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
The undersigned Affiant, under penalties provided by Section 1 — 109 of the Illinois Code of Civil Procedure, and after being first duly sworn upon oath, deposes and states that he/she is a citizen of the U.S. who is at least 18 years of age and that he/she affixes his/ her signature below to certify that all the foregoing statements set forth are true and correct, in substance and in fact, except as to matters therein stated to be on information and belief; and as to such matters, the Affiant certifies a belief that they are true.
The Affiant further states that the signature on this sheet, containing the name and address of the above-identified registered and resident voter of the 32nd Precinct of the 48th Ward is genuine and that I witnessed the signature of the signer on the_day of December, 2002.
Signature of Circulator Making this Affidavit”

We note that the form prepared by plaintiffs’ counsel did not provide for the circulator to print his or her name and address and that all of the circulators’ signatures are illegible. In addition, none of the revocation documents was notarized. The record on appeal suggests that the city clerk offers a local option petition signature revocation form which must be notarized.

The city clerk certified to defendant Board of Election Commissioners of the City of Chicago that the Edgewater petition was in proper form and contained a sufficient number of signatures to submit the proposition to the voters. In the same letter, the city clerk also certified that “96 revocations purporting to be signed by persons who signed the aforementioned petition” had been filed in his office.

Plaintiffs then filed a complaint in the circuit court of Cook County challenging the validity of the petition, based in part on the revocation documents. However, seven people who signed the petition intervened in the proceedings and argued the purported revocations should be stricken because they did not include the circulators’ affidavits mandated by section 9 — 4 of the Act (235 ILCS 5/9 — 4 (West 2002)) and section 28 — 3 of the Code (10 ILCS 5/28

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Bluebook (online)
814 N.E.2d 879, 351 Ill. App. 3d 727, 286 Ill. Dec. 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mashni-corp-ex-rel-mashni-v-laski-illappct-2004.