Samour, Inc. v. Board of Election Commissioners

866 N.E.2d 137, 224 Ill. 2d 530, 310 Ill. Dec. 326, 2007 Ill. LEXIS 7
CourtIllinois Supreme Court
DecidedJanuary 19, 2007
Docket101902, 102227
StatusPublished
Cited by102 cases

This text of 866 N.E.2d 137 (Samour, Inc. v. Board of Election Commissioners) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Samour, Inc. v. Board of Election Commissioners, 866 N.E.2d 137, 224 Ill. 2d 530, 310 Ill. Dec. 326, 2007 Ill. LEXIS 7 (Ill. 2007).

Opinion

JUSTICE KILBRIDE

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Freeman, Fitzgerald, Carman, and Karmeier concurred in the judgment and opinion.

Justice Burke took no part in the decision.

OPINION

In separate complaints, the two sets of plaintiffs in these consolidated appeals, Mashni Corporation et al. (Mashni) and Samour, Inc., et al. (Samour), challenged the validity of a local option election held under the Liquor Control Act of 1934 (Act) (235 ILCS 5/9 — 1 et seq. (West 2002)), based on alleged errors in the form of the ballots. The complaints both alleged that the Chinese version of the ballots failed to comply substantially with the statutory form in section 9 — 6 of the Act (235 ILCS 5/9 — 6 (West 2002)). The circuit court of Cook County invalidated the election because it found that a transposition error in the precinct and ward numbers violated the substantial compliance requirement of the Act.

In separate appeals, the appellate court in Mashni reversed the trial court judgment (362 Ill. App. 3d 730), while the appellate court in Samour affirmed (362 Ill. App. 3d 12). This court consolidated the two appeals. We conclude that the ballots complied substantially with section 9 — 6 of the Act and, therefore, the circuit court erred in invalidating the election. Accordingly, we affirm the judgment in Mashni, No. 102227, reversing the trial court’s decision, and reverse the judgments in Samour, No. 101902.

I. BACKGROUND

On February 25, 2003, a local option election was held in the 45th Precinct of the 15th Ward and the 32nd Precinct of the 48th Ward in Chicago. The Board of Election Commissioners for the City of Chicago (Board) submitted propositions to the voters of those precincts asking whether the sale at retail of alcoholic liquor should be prohibited within their precincts. The ballots in each precinct were printed in English, Spanish, and Chinese.

The ballots listed the ward and precinct numbers in the upper-left corner. A section entitled “Description of Area to be Affected,” containing a common description of the precincts using street boundaries, landmarks, and addresses, was printed after the ward and precinct numbers. In the 45th Precinct of the 15th Ward, the English version of the proposition stated, “Shall the sale at retail of alcoholic liquor be prohibited in this 45th Precinct of the 15th Ward of the City of Chicago (as such precinct existed as of the last General Election[)]?” The proposition in the 32nd Precinct of the 48th Ward stated, “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)?”

Following the election, the plaintiffs in these cases filed separate complaints against the Board contesting the validity of the local option election in their respective precincts. In Samour, plaintiff Samour, Inc., alleged it is an Illinois corporation holding retail liquor licenses and conducting business within the 45th Precinct of the 15th Ward in Chicago. In Mashni, the plaintiffs included Mashni Corporation and S&T, Inc., Illinois corporations holding retail liquor licenses and conducting business within the 32nd Precinct of the 48th Ward. In both cases, there were also a number of individual plaintiffs who were identified as registered voters residing within the respective precincts. Barbara Stanley and Paul Uhl intervened in the Mashni trial proceedings but not in the Samour proceedings.

The plaintiffs’ complaints were virtually identical with respect to the claims at issue here, and they were consolidated for purposes of the trial court proceedings. The plaintiffs alleged that the election was invalid because the Chinese translation of the proposition did not comply with the ballot form required by section 9 — 6 of the Act. In pertinent part, the plaintiffs alleged that: (1) the English ballots asked voters whether the sale of alcohol should be prohibited at retail as required by the Act, while the Chinese translation asked whether the sale of alcohol should be prohibited generally; and (2) the precinct and ward numbers were transposed on the Chinese ballots, thus incorrectly identifying the affected areas as the 15th Precinct of the 45th Ward and the 48th Precinct of the 32nd Ward.

At the bench trial, two expert witnesses testified, one for the plaintiffs and one for the Board and the intervenors. None of the plaintiffs testified and the parties did not present any other witnesses. Hanlelore Mui, a freelance interpreter and translator of the Chinese language, testified on behalf of the plaintiffs. During her testimony, Mui referred to a ballot from the 32nd Precinct of the 48th Ward, but the parties stipulated that her testimony was also applicable to the ballot used in the 45th Precinct of the 15th Ward. Mui testified that the Chinese translation asked whether “the sale of liquor in general should it be prohibited *** in the 48th Precinct of 32nd District in Chicago City.” In her opinion, the Chinese translation had “omissions of important meaningful words” and was not a correct translation. Mui testified that the transposition of the ward and precinct numbers on the Chinese ballots “could be easily confusing” because people who could not read the description of the area affected would probably think they were given the wrong ballot. She acknowledged, however, that voters could “easily solve that problem” if they read the description of the area affected.

Mui also testified that the Chinese translation was not accurate because it used the word “sale” without the term “retail.” The translation should have included the character “ling shou,” the term for “retail sale” or “for sale at retail.” She believed that the Chinese translation printed on the ballot encompassed all types of sales, including wholesale, resale, or for personal consumption.

On cross-examination, Mui acknowledged that the common description of the precinct would be easy for Chinese readers to understand. She also explained that “retail” can have multiple meanings referring to price, quantity, and the sales location. The term “sale” could also have multiple meanings. According to Mui, the general public is familiar with the character ling shou because it is a commonly used term. She conceded that “sale at retail” could be translated using “xiao shou” as it appeared on the ballots, but maintained that a more accurate translation would have used the character ling shou to indicate the difference between retail sale and wholesale.

Dr. Richard Gu, a professor of Chinese language at Northwestern University, testified on behalf of the Board and the interveners. Gu stated there was always a choice of characters to use in translating and it was preferable to use plain or simplified Chinese with the general public. Xiao shou, the character used by the Board, was the best translation for “sale at retail” because that character is generally taught and understood to mean retail sales. In Gu’s opinion, voters would understand that the ballot was referring to retail sales.

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Bluebook (online)
866 N.E.2d 137, 224 Ill. 2d 530, 310 Ill. Dec. 326, 2007 Ill. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samour-inc-v-board-of-election-commissioners-ill-2007.