United Citizens v. Coalition

531 N.E.2d 802, 125 Ill. 2d 332, 126 Ill. Dec. 175, 1988 Ill. LEXIS 155
CourtIllinois Supreme Court
DecidedNovember 21, 1988
DocketNo. 67302
StatusPublished
Cited by30 cases

This text of 531 N.E.2d 802 (United Citizens v. Coalition) 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
United Citizens v. Coalition, 531 N.E.2d 802, 125 Ill. 2d 332, 126 Ill. Dec. 175, 1988 Ill. LEXIS 155 (Ill. 1988).

Opinion

JUSTICE CUNNINGHAM

delivered the opinion of the court:

On April 7, 1987, Harold Washington was elected to a second four-year term as mayor of Chicago. Mayor Washington took the oath of office and began his term on May 4, 1987. On November 25, 1987, with 41 months remaining in his term, Mayor Washington died. Pursuant to section 21 — 5.1 of the Illinois Municipal Code, the vice mayor, Alderman David Orr, became the interim mayor. (Ill. Rev. Stat. 1985, ch. 24, par. 21 — 5.1.) On December 1, 1987, the Chicago city council declared the office of mayor vacated and then elected Eugene Sawyer as acting mayor on December 2, 1987. (Ill. Rev. Stat. 1985, ch. 24, par. 3 — 4—6.) Eugene Sawyer continues to serve as acting mayor.

On March 23, 1988, the Coalition to Let the People Decide in 1989 (the Coalition) petitioned the Chicago Board of Election Commissioners (the Board), requesting the Board to schedule an election in 1989 to fill the existing mayoral vacancy. On April 5, 1988, the Board met but did not decide the issue. When the Coalition filed an action against the Board and the city clerk seeking declaratory and injunctive relief, Alderman Bobby Rush, Jesse Miller and Nancy Jefferson joined the Coalition. On April 11, 1988, Alderman David Orr sought leave to intervene in favor of the Coalition.

On April 19, the United Citizens of Chicago and Illinois (United Citizens) with Kenneth Hurst filed a separate action against the city and State Board of Election Commissioners and the Illinois State Board of Elections (State Board) and others in the circuit court of Cook County, seeking to enjoin the holding of any election to fill the mayoral vacancy. Later, on April 27, the Midwest Voter Registration Education Project (Midwest Voter) also petitioned to intervene in both causes. On April 28, the Coalition petitioned to intervene in the United Citizens action. On April 26 and 28, the League of Women Voters of Chicago (League) and the Chicago Council of Lawyers (Council) filed amicus curiae memoranda of law in support of the Coalition in both actions. The circuit court consolidated the two actions and ordered briefs on the issue. Later, United Citizens filed a motion for summary judgment.

On May 2, 1988, the city clerk certified to the Board the city council’s declaration of a vacancy in the office of the mayor of the City of Chicago. On May 3, the Board formally agreed to conduct a special mayoral primary election on February 28, 1989, and a mayoral general election on April 4, 1989. Subsequently, on May 6, 1988, the circuit court entered its finding and ordered:

“1. In light of the City Clerk’s certification of the City Council’s declaration of a vacancy, and the Chicago Board of Election Commissioners express' agreement to conduct special elections on February 28, 1989 and April 4, 1989, the Coalition’s Petition (No. 88 Co 118) is hereby dismissed as moot.
2. The Midwest Voter Registration and Education Project is granted leave to intervene as a defendant in No. 88 Co. 127.
3. The United Citizens’ motion for summary judgment is denied; the defendants and intervening defendants’ motion to dismiss is granted; and judgment is entered in favor of the defendants and intervening defendants, for the reasons set out in the Court’s Memorandum Order, to be filed forthwith.
4. This order disposes of all issues and thus is final and appealable.”

Kenneth Hurst and United Citizens appealed pursuant to Supreme Court Rule 302(b) (107 Ill. 2d R. 302(b)). The motion of United Citizens to supplement its reply brief, which was taken with the case, is hereby denied.

The issue before this court is whether section 3 — 4—6 of the Illinois Municipal Code (Ill. Rev. Stat. 1985, ch. 24, par. 1 — 1—1 et seq.) requires an interim election in 1989 for mayor of the City of Chicago (Ill. Rev. Stat. 1985, ch. 24, par. 3 — 4—6). In order to reach a solution, this court must analyze each of the pertinent statutes within the Illinois Municipal Code and the Election Code (Ill. Rev. Stat. 1985, ch. 46, par. 1 — 1 et seq.).

The scope of article 2A of the Election Code applies to all elections for the nomination of a person for a political party and for the election of a person for public office within the State of Illinois. (Ill. Rev. Stat. 1985, ch. 46, par. 2A — 1 et seq.) The Election Code establishes that all such elections are to be held in accordance with the consolidated schedule of elections provided in sections 2A — 1.1 and 2A — 1.2. (Ill. Rev. Stat. 1985, ch. 46, pars. 2A — 1(a), (b), 2A — 1.1, 2A — 1.2.) As defined by the Code, an election,

“[IJncludes the submission of all questions of public policy, propositions, and all measures submitted to popular vote, and includes primary elections when so indicated by context.” Ill. Rev. Stat. 1985, ch. 46, par. 1 — 3(1).
A regular election includes:
“[TJhe general, general primary, nonpartisan, consolidated and consolidated primary elections regularly scheduled in article 2A.” Ill. Rev. Stat. 1985, ch. 46, par. 1— 3(2).
Finally, a municipal election refers to, in part:
“[A]n election or primary, either regular or special, in cities, villages, and incorporated towns.” Ill. Rev. Stat. 1985, ch. 46, par. 1 — 3(5).

These sections provide the following dates: (1) in appropriate odd-numbered years the consolidated primary election shall be held on the last Tuesday of February (Ill. Rev. Stat. 1985, ch. 46, par. 2A — 1.1(b)); (2) in appropriate odd-numbered years, the consolidated election shall be held on the first Tuesday in April unless a conflict with the celebration of Passover (Ill. Rev. Stat. 1985, ch. 46, pars. 2A — 1.1(a), (b)). As held in City of Springfield v. Board of Election Commissioners (1985), 105 Ill. 2d 336, special elections have been abolished in favor of interim elections pursuant to the specific requirement of the pertinent statutes, which this court will discuss later.

In a regularly scheduled consolidated primary election in appropriate odd-numbered years, “candidates of political parties shall be nominated for those offices to be filled at the consolidated election in that year.” (Ill. Rev. Stat. 1985, ch. 46, par. 2A — 1.2(d).) Only in appropriate odd-numbered years, the consolidated election shall fill the offices of municipal officers. Ill. Rev. Stat. 1985, ch. 46, par. 2A-1.2(c)(l).

The Election Code not only provides for the date of an election, but also which officials are to be elected, especially for the position of mayor of the City of Chicago. Under section 2A — 25, “[t]he Mayor *** of the City of Chicago shall be elected at the consolidated election in 1979 and at the consolidated election every 4 years thereafter.” (Ill. Rev. Stat. 1985, ch. 46, par. 2A — 25.) Thus, the next regularly scheduled election for the mayor of the City of Chicago is 1991. This court finds, however, that the.Election Code does not prescribe an election in the event of a vacancy but, rather, prescribes the timing of regularly scheduled elections where the incumbent official continues in office.

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Cite This Page — Counsel Stack

Bluebook (online)
531 N.E.2d 802, 125 Ill. 2d 332, 126 Ill. Dec. 175, 1988 Ill. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-citizens-v-coalition-ill-1988.