Welch v. Johnson

588 N.E.2d 1119, 147 Ill. 2d 40, 167 Ill. Dec. 989
CourtIllinois Supreme Court
DecidedFebruary 19, 1992
Docket72123
StatusPublished
Cited by94 cases

This text of 588 N.E.2d 1119 (Welch v. Johnson) 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
Welch v. Johnson, 588 N.E.2d 1119, 147 Ill. 2d 40, 167 Ill. Dec. 989 (Ill. 1992).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

Defendant David N. Johnson appeals from a judgment of the appellate court reversing the circuit court of Cook County’s summary judgment in favor of defendant, voiding the results of the April 2, 1991, election for the office of mayor of the City of Harvey, Illinois, and ordering a special election for that office. (214 Ill. App. 3d 478.) We reverse.

INTRODUCTION

As there is no dispute as to the underlying facts and procedural history of this case, as set out in the appellate court’s opinion, we will refer to the history and facts only as necessary to give a frame of reference for our decision.

The ultimate issue presented in this case is whether removal from the ballot of a candidate for elective office is a permissible sanction for the candidate’s filing, in relation to his candidacy, of a statement of economic interests which is not true, correct and complete due to inadvertence on the candidate’s part. We conclude that such removal from the ballot is not a permissible sanction. Before setting forth our reasoning on that issue, however, we must address three preliminary issues raised by the parties.

OUR JURISDICTION OVER APPEAL

First, plaintiffs contend that we do not have jurisdiction over defendant’s appeal. Specifically, plaintiffs assert that defendant’s petition for leave to appeal from the final judgment of the appellate court, which defendant filed on June 18, 1991, was not filed within 35 days of the date of entry of the appellate court’s judgment, which plaintiffs contend was April 19, 1991. On April 19, 1991, the appellate court entered an order granting plaintiffs relief and stating that a written opinion or order expressing reasons for the instant order would be filed in due course. Defendant asserts that his petition for leave to appeal was timely filed within 35 days of the appellate court’s final judgment, which he contends was the May 14, 1991, written opinion of the court setting forth its reasons for the April 19,1991, order. 1

We previously denied, on July 12, 1991, the same motion by plaintiffs based essentially on the same arguments and case law contained in their brief on appeal. In view of thát denial and our construction of our rules, we conclude that we have jurisdiction over defendant’s appeal.

Supreme Court Rule 315(b) prescribes the time limits for petitioning for leave to appeal to this court and, in so doing, refers to petitions for rehearing in the appellate court and the time limit therefor. The rule does so in terms of the date of entry of the “judgment” of the appellate court. (134 Ill. 2d R. 315(b).) Supreme Court Rule 367(a) actually provides for the filing of petitions for rehearing in the appellate court and prescribes the time limit. It does so in terms of the date of entry of the “opinion” of the appellate court. (134 Ill. 2d R. 367.) Finally, Supreme Court Rule 23, relating to appeals to the appellate court, mandates that “a case shall be disposed of by opinion” where: (1) a majority of the panel deciding the case determines that any one of four criterion set forth therein are met; or (2) a concurring or dissenting opinion is proposed to be filed, unless the panel unanimously decides that an opinion will not be filed. 134 Ill. 2d R. 23.

Construing the above rules together and in light of the fact that the order issued by the appellate court in this case on March 19, 1991, indicated both that an opinion would be filed “in due course” and that one of the three justices on the panel dissented from the order, it is clear to us that the final judgment of the appellate court was not entered until its opinion was filed on May 14, 1991. As such, we have jurisdiction over defendant’s appeal.

CIRCUIT COURT’S JURISDICTION OVER PLAINTIFFS’ COMPLAINT

Next, defendant argues that the circuit court did not have jurisdiction over plaintiffs’ complaint because they failed to exhaust their administrative remedies. Specifically, defendant argues that objections to nomination papers, which defendant contends include statements of economic interests filed in relation to candidacies for elective office under section 10 — 5 of the Election Code (Ill. Rev. Stat. 1989, ch. 46, par. 10 — 5), must be brought before and decided by the election authority with whom the nomination papers are on file, in this case the municipal officers electoral board of the City of Harvey, before relief from the courts may be sought (Ill. Rev. Stat. 1989, ch. 46, pars. 10-8,10-9,10-10,10-10.1).

Plaintiffs assert that the circuit courts, not local election authorities or officials, have original jurisdiction over challenges to the truthfulness, correctness and completeness of statements of economic interests, filed in relation to candidacies for elective office, for the reason that such statements are not part of the nomination papers required to be filed under the Election Code. We agree.

As plaintiffs note, it is the Illinois Governmental Ethics Act (Ethics Act) (Ill. Rev. Stat. 1989, ch. 127, par. 601 — 101 et seq.), not the Election Code, which actually requires candidates for elective office to file statements of economic interests (Ill. Rev. Stat. 1989, ch. 127, par. 604A — 101). Secondly, where a candidate’s nomination papers and statement of economic interests are not required to be filed with the same officer, as in this case, 2 section 10 — 5 of the Election Code merely requires the filing, with the officer with whom the nomination papers are filed, of a receipt for the statement of economic interests from the officer -with whom the statement of economic interests is filed, within the time by which the nomination papers must be filed. (Ill. Rev. Stat. 1989, ch. 46, par. 10 — 5.) Thirdly, and most importantly, the Election Code grants the election authority or local election official with whom certificates of nomination and nomination papers or petitions “are on file” the power and authority to hear objections thereto. (Ill. Rev. Stat. 1989, ch. 46, par. 10 — 8.) Because statements of economic interests are not on file with such election authorities or officials, we conclude that they do not have jurisdiction over challenges to those statements. As such, we will not reverse the appellate court’s judgment based on lack of jurisdiction over this cause.

MOOTNESS

Next, defendant asserts that this case is moot because the City of Harvey mayoral election has already been held and has resulted in his retaining the office. As plaintiffs note, however, defendant is merely serving in the office of mayor of the City of Harvey until his successor is elected and has qualified. (Ill. Rev. Stat. 1989, ch. 24, par. 3 — 4—4.) In this regard, we note that “qualified,” as that term is used in the Municipal Code, means the taking of the oath of office and the giving of a bond, where required. (See City of Pekin v. Industrial Comm’n (1930), 341 Ill. 312.) It is not disputed in this case that defendant has not taken the oath of office upon his reelection. As such, his successor, whether himself or someone else, has not been elected and qualified. This case is not moot.

WAIVER

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Guadarrama v. Elmhurst Memorial Hospital
2025 IL App (1st) 240781-U (Appellate Court of Illinois, 2025)
Garcia v. Municipal Officers Electoral Board for the City of Aurora
2025 IL App (2d) 250020-U (Appellate Court of Illinois, 2025)
Horwitch v. The Chicago Board of Election Commissioners
2023 IL App (1st) 230203-U (Appellate Court of Illinois, 2023)
Hacker v. Halley
2021 IL App (2d) 210050 (Appellate Court of Illinois, 2021)
Triumph Community Bank v. IRED Elmhurst LLC
2021 IL App (2d) 200108 (Appellate Court of Illinois, 2021)
People v. Mitros
2020 IL App (1st) 182544-U (Appellate Court of Illinois, 2020)
Trilisky v. City of Chicago
2019 IL App (1st) 182189 (Appellate Court of Illinois, 2019)
Rottman v. State
2018 IL App (1st) 180234 (Appellate Court of Illinois, 2018)
Rottman v. Ill. State Officers Electoral Bd.
2018 IL App (1st) 180234 (Appellate Court of Illinois, 2018)
Tripp v. Scholz
872 F.3d 857 (Seventh Circuit, 2017)
Guerrero v. Municipal Officers Electoral Board of the Village of Franklin Park
2017 IL App (1st) 170486 (Appellate Court of Illinois, 2017)
Dempsey v. Johnson
2016 IL App (1st) 153377 (Appellate Court of Illinois, 2017)
Bettis v. Marsaglia
2014 IL 117050 (Illinois Supreme Court, 2015)
Sutton v. Cook County Officers Electoral Board
2012 IL App (1st) 122528 (Appellate Court of Illinois, 2012)
Jackson v. Board of Election Commissioners of the City of Chicago
2012 IL 111928 (Illinois Supreme Court, 2012)
Cunningham v. Schaeflein
2012 IL App (1st) 120529 (Appellate Court of Illinois, 2012)
Lyons MVP Party v. Lyons, Illinois, Municipal Officers Electoral Board
945 N.E.2d 1175 (Appellate Court of Illinois, 2011)
Vancura v. Katris
907 N.E.2d 814 (Appellate Court of Illinois, 2008)
Siegel v. Lake County Officers Electoral Board
Appellate Court of Illinois, 2008
Lawrence v. BOARD OF ELEC. COM'RS OF CITY OF CHIC.
524 F. Supp. 2d 1011 (N.D. Illinois, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
588 N.E.2d 1119, 147 Ill. 2d 40, 167 Ill. Dec. 989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welch-v-johnson-ill-1992.