Welch v. Johnson

574 N.E.2d 49, 214 Ill. App. 3d 478, 158 Ill. Dec. 255, 1991 Ill. App. LEXIS 802
CourtAppellate Court of Illinois
DecidedMay 14, 1991
DocketNo. 1—91—0909
StatusPublished
Cited by4 cases

This text of 574 N.E.2d 49 (Welch v. Johnson) 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
Welch v. Johnson, 574 N.E.2d 49, 214 Ill. App. 3d 478, 158 Ill. Dec. 255, 1991 Ill. App. LEXIS 802 (Ill. Ct. App. 1991).

Opinions

JUSTICE HARTMAN

delivered the opinion of the court:

Plaintiffs appeal the circuit court’s grant of summary judgment in favor of defendant, David N. Johnson (Johnson), finding that his statement of economic interests, as amended, met all statutory requirements. The appeal raises as issues whether (1) the original omissions on Johnson’s statement of economic interests must result in ineligibility for, or forfeiture of, the mayoralty of the City of Harvey, (2) Johnson’s amended statement of economic interests relates back to the date on which he filed his original statement, and (3) evidence was improperly submitted and considered at the March 15, 1991, hearing. In the interests of timeliness, we have already ruled upon the issues presented in this appeal. As indicated in our order of reversal issued on April 19, 1991, our reasons were to be set forth in an opinion, which now follows.

The City of Harvey mayoral election was to take place on April 2, 1991. Johnson, the incumbent mayor, sought inclusion on the 1991 mayoral ballot. Damon Rockett, a plaintiff in this case, was one of the other five candidates for mayor of Harvey. Alvin Welch, also a plaintiff, is a resident and legal voter in that city.

On January 22, 1991, Johnson timely filed his statement of economic interests in the office of the Cook County clerk, as required by the Elinois Election Code. (See Ill. Rev. Stat. 1989, ch. 46, par. 10—6 (Election Code).) Item number seven on the statement required a candidate to list the name of any unit of government by which he was employed during the preceding year, other than the unit of government related to his candidacy. Johnson wrote “none” in response to that item. Johnson also wrote “none” in response to question number eight, which sought disclosure of any honoraria in excess of $500 received during the preceding year.

On February 1, 1991, plaintiffs filed a verified complaint for a declaratory judgment and injunctive relief, requesting that Johnson’s nominating papers be declared void and that his name not appear on the 1991 mayoral ballot. Plaintiffs claimed that Johnson failed to indicate on his statement of economic interests that he was employed by Community College District 510 (District 510), an independent unit of government. His statement, therefore, was allegedly false and incomplete. Johnson thereafter filed an amended statement of economic interests with the Cook County clerk on February 5, 1991, which listed his employment with District 510 and also disclosed that he had received an honorarium during the previous year in excess of $500.

Plaintiffs filed a petition for a temporary restraining order and preliminary injunction seeking to enjoin placement of Johnson’s name on the mayoral ballot. Johnson in turn filed his objections to plaintiffs’ petition, in which he averred that he inadvertently entered “none” in response to question seven on the statement of economic interests. He indicated that the correct response should have been “Board of Trustees of Community College District No. 510,” which body had employed Johnson as a tenured professor at South Suburban College for the past 18 years. Concurrent with his objections, Johnson filed a motion to strike and dismiss plaintiffs’ complaint.

At the hearing on March 15, 1991, the circuit court denied Johnson’s motion to dismiss plaintiffs’ complaint. Johnson then immediately tendered an answer to the complaint. Plaintiffs moved for judgment on the pleadings, or alternatively, summary judgment. Following further argument, the court granted plaintiffs’ motion for judgment on the pleadings. Johnson was then allowed to make an offer of proof as to his state of mind in completing the statement of economic interests. Through the testimony of Johnson and Frank Piekarski, a City of Harvey commissioner, it was adduced that Johnson’s employment with South Suburban College was known throughout the community. He lectured extensively before organizations in Harvey and elsewhere, and his position with the college had been noted in the press. Further, his campaign literature disclosed his employment and activities with District 510. Following the offer of proof, the court took the matter under advisement.

On March 19, 1991, the circuit court entered a written judgment summarizing the proceedings to date, ruling on all pending motions, and denying plaintiffs’ motion for a temporary restraining order and preliminary injunction. The court found that, in light of the offer of proof, Johnson did not intend to falsify his statement of economic interests or mislead voters regarding his employment by District 510. The statement filed on January 22, 1991, together with the amended statement, satisfied the requirements of the Election Code. Plaintiffs’ motion for judgment on the pleadings, which previously had been granted, was denied by the court in a modification of its prior ruling. Summary judgment, instead, was granted in favor of Johnson.

Plaintiffs filed their motion for reconsideration on March 21, 1991. At the hearing, they provided affidavits of 93 voters registered in the City of Harvey who had been unaware of Johnson’s employment with South Suburban College. The court denied the motion, and this appeal followed.

The mayoral election was held as scheduled on April 2, 1991, with Johnson emerging as the winner by 12 votes. Plaintiffs had appealed on March 21, 1991, and moved for expedited consideration, which was granted.

I

Plaintiffs first argue that Johnson’s name should have been removed from the mayoral ballot because he provided inaccurate information on his statement of economic interests.

The Election Code requires a political candidate’s petition for nomination to include a statement of economic interests, to be filed with the county clerk, as prescribed by the Illinois Governmental Ethics Act (Ethics Act) (Ill. Rev. Stat. 1989, ch. 127, par. 601—101 et seq.). Failure to file such statement results in the invalidity of the candidate’s nomination papers. (Ill. Rev. Stat. 1989, ch. 46, par. 10—5(3).) The Ethics Act states in relevant part: ■

“Any person required to file a statement of economic interests under this Article who willfully files a false or incomplete statement shall be guilty of a Class A misdemeanor.
Failure to file a statement within the time prescribed shall result in ineligibility for, or forfeiture of, office or position of employment, as the case may be ***.” (Ill. Rev. Stat. 1989, ch. 127, par. 604A-107.)

The starting point in ascertaining legislative intent is in the language of the statute itself. (Serwinski v. Board of Election Commissioners (1987), 156 Ill. App. 3d 257, 259, 509 N.E.2d 509.) The statute, on its face, makes clear that willful misstatements or omissions violate the Act. Further, a complete failure to file the statement makes the candidate ineligible for office. The statute, however, is silent on the question of whether an inadvertent omission on an economic disclosure statement requires ineligibility for, or forfeiture of, office.

In Jones v. Municipal Officers Electoral Board (1983), 112 Ill. App. 3d 926, 446 N.E.2d 256

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Bluebook (online)
574 N.E.2d 49, 214 Ill. App. 3d 478, 158 Ill. Dec. 255, 1991 Ill. App. LEXIS 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welch-v-johnson-illappct-1991.