Muldrow v. Barron

2021 IL App (1st) 210248
CourtAppellate Court of Illinois
DecidedMay 10, 2021
Docket1-21-0248
StatusPublished
Cited by1 cases

This text of 2021 IL App (1st) 210248 (Muldrow v. Barron) 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.

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Muldrow v. Barron, 2021 IL App (1st) 210248 (Ill. Ct. App. 2021).

Opinion

2021 IL App (1st) 210248

FIRST DISTRICT FIRST DIVISION May 10, 2021

No. 1-21-0248

KENNETH MULDROW JR., ) Appeal from the ) Circuit Court of Petitioner-Appellant, ) Cook County ) v. ) No. 2021 COEL 0013 ) WILLIAM BARRON, RONDAL JONES, and ) Honorable THOMAS JACONETTY, in Their Capacities as ) James R. Carroll, Members of the Markham Municipal Officers ) Judge Presiding. Electoral Board; SANDRA CURTIS; and ) KAREN YARBROUGH, in Her Capacity as the ) Cook County Clerk, ) ) Respondents-Appellees. )

JUSTICE COGHLAN delivered the judgment of the court, with opinion. Presiding Justice Walker and Justice Pierce concurred in the judgment and opinion.

OPINION

¶1 In this election case, petitioner, Kenneth Muldrow Jr., appeals the Municipal Officers

Electoral Board for the City of Markham’s (Board) decision striking his name from the ballot as

an independent candidate for the office of mayor of the City of Markham (City) in the April 6,

2021, consolidated general election. On appeal, Muldrow claims that his name as an independent

candidate should appear on the ballot because there was no evidence of fraud, false swearing, and

total disregard for the mandatory requirements of the Election Code (10 ILCS 5/1-1 et seq. (West

2018)) in his nomination papers. We affirm.

¶2 BACKGROUND

¶3 On December 21, 2020, Muldrow filed nomination papers to be included on the ballot as

an independent candidate for election to the office of mayor at the April 6, 2021, consolidated 1-21-0248

general election. Muldrow’s nomination papers included “45 pages of 15-line petition sheets

containing a potential of 675 signatures of purported qualified voters of the City.” To be included

on the April 6, 2021, ballot as a mayoral candidate, an independent candidate “must present

nominating petitions containing not less tha[n] 96 and no more than 154 signatures of duly

qualified and registered votes of the City.”

¶4 Sandra Curtis (objector) filed an “Objector’s Petition” against Muldrow’s nomination

papers, raising signature and circulator-based objections. As to the signature objections, she

alleged that the nomination papers contained forged signatures and included the names of

individuals who were not registered voters or did not reside in the City. As to the circulator-based

objections, she alleged that circulator affidavits were “false and constitute[d] a false swearing

because the purported circulator did not actually obtain, solicit, or witness the affixing of voters’

signatures to those sheets.”

¶5 On January 9, 2021, Muldrow filed a motion to recuse substitute chair Alderman William

Barron and member Alderman Rondal Jones and the Board’s law firm “based upon conflicts of

interest *** that create a bias that would not yield a fair and neutral decisions.” 1 Muldrow alleged

that the Board members were biased because they supported and made contributions to an

opposing candidate. He claimed that the Board’s law firm also supported the opposing candidate

and had previously represented and continued to represent that candidate.

¶6 At the January 13, 2021, public hearing, the Board ordered a “records examination” and

denied Muldrow’s motion to disqualify members of the Board and its law firm. During the next

public hearing on January 15, 2021, the Board granted the objector’s request for the issuance of

1 On January 7, 2021, the circuit court entered an order appointing Thomas Jaconetty “to serve as a Public Member” on the Board “to conduct hearings with respect to objections filed by Sandra Curtis to the nomination papers of Kenneth Muldrow Jr.” Jaconetty replaced a Board member who had submitted candidate papers to run for the same office.

-2- 1-21-0248

subpoenas for witnesses to testify at the January 22, 2021, hearing. 2

¶7 The Board’s requested “records examination” revealed that Muldrow’s nomination papers

had 95 valid signatures, one less than the minimum signature requirement. Muldrow filed a

“Candidate’s Rule 8 Motion,” 3 objecting to the records examination results and seeking “further

review of the findings from the records exam.”

¶8 On Friday, January 22, 2021, at 6 p.m., the Board conducted a public evidentiary hearing

to address the objector’s petition and Muldrow’s Rule 8 motion. Muldrow offered affidavits to

rehabilitate individual signatures identified as invalid. The Board “determined that certain,

proposed affidavits were insufficient on their face and of little evidentiary weight and, therefore,

were excluded from the Electoral Board’s consideration.” However, based on the affidavits

admitted for the Board’s consideration, Muldrow succeeded in rehabilitating 2 signatures, bringing

the total number of valid signatures to 97, which was 1 above the required minimum of 96.

¶9 Regarding the objector’s claims, Muldrow was called to testify as an adverse witness.

Muldrow testified that he did not know a subpoena had been issued for certain named circulators,

including his nephew, personal friend David Walker, and other personal friends, and “absolutely

had no knowledge” that allegations were raised against those circulators that they engaged in

misconduct and a pattern of fraud related to the circulation of his petition sheets. Muldrow stated,

though, that he personally “asked them” to circulate petition sheets. He also testified that he was

2 “The purpose of the subpoena [was] to establish that such individuals engaged in the following conduct: (i) filing of false circulator’s affidavit and continues a false swearing because the purported circulator did not actually obtain, solicit or witness the affixing of voters’ signatures to those sheets in violation of the Illinois Election Code; and (ii) engaging in a pattern of fraud and disregard of the Illinois Election Code by the alleged circulators inclusion and submission of voters’ signatures which were not signed by the voters in their own proper persons, but rather by one or a few individuals who simply printed voters’ names or forged the voters’ signatures in a ‘roundtable’, printed or seriatim fashion. These actions also include, without limitation, these circulators signing petitions as duly qualified voters multiple times and the insertion of fake non-existent addresses alongside voter name.” 3 The “Rules of Procedure for the Municipal Officers Electoral Board of the City of Markham” were adopted by the Board on January 7, 2021.

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“not sure” if someone checked the signatures and registrations, “did not know” who put his petition

sheets together, or who the identified circulators gave the petition sheets to that they circulated.

The Board found Muldrow’s “testimony to be incredible,” explaining that Muldrow, “a veteran

candidate, and experienced police officer does not reasonably have such little knowledge or

involvement with his own nominating petitions upon which his mayoral candidacy rests.”

¶ 10 At the conclusion of Muldrow’s testimony, the objector attempted to call circulator Walker

to testify and the following events transpired:

“CHAIR BARRON: Mr. Walker is here. He returned.

MR. LADUZINSKY [(OBJECTOR’S COUNSEL)]: Did he?

CHAIR BARRON: Yeah, he is here.

MR. FINKO [(MULDROW’S COUNSEL)]: He was not served to my knowledge.

CHAIR BARRON: Oh, so you are not here under subpoena?

MR. WALKER: No, I didn’t receive any. I’m just here for support.

***

MEMBER JACONETTY: All right. Wait a minute. Is the witness here who is under

subpoena?

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Muldrow v. Barron
2021 IL App (1st) 210248 (Appellate Court of Illinois, 2021)

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