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04/29/88 Bryan K. Goree Et Al., v. Michael E. Lavelle Et Al.

April 29, 1988

BRYAN K. GOREE ET AL., PETITIONERS-APPELLANTS

v.

MICHAEL E. LAVELLE ET AL., AS MEMBERS OF THE CHICAGO BOARD OF ELECTION COMMISSIONERS, ET AL., RESPONDENTS-APPELLEES (HARRY A. CAGE, JR., INTERVENOR AND RESPONDENT-APPELLEE)



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

523 N.E.2d 1078, 169 Ill. App. 3d 696, 120 Ill. Dec. 167 1988.IL.635

Appeal from the Circuit Court of Cook County; the Hon. Francis Barth, Judge, presiding.

APPELLATE Judges:

JUSTICE MURRAY delivered the opinion of the court. LORENZ, P.J., and SULLIVAN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MURRAY

This is an appeal by Bryan K. Goree and seven other voters (petitioners) of the 2nd precinct of the 5th ward of the city of Chicago from an order of a trial court denying petitioners' petition seeking to have a November 4, 1986, local option election set aside and voided.

On November 4, 1986, a referendum concerning the sale of alcoholic liquor at retail in the 2nd precinct of the 5th ward was conducted. The proposition put to the voters of the precinct was:

"Shall the sale at retail of alcoholic liquor be prohibited in the Second Precinct of the 5th Ward of the City of Chicago."

On November 12, 1986, a canvas of the election return concerning the proposition was made. The canvas disclosed a vote of 227 voters in support of the proposition and 62 against it. On November 21, 1986, the petitioners, all registered voters of the 2nd precinct of the 5th ward, petitioned the trial court for a voiding of the election. The petition supported by affidavits alleged the following irregularities in the conduct of the election:

(1) Shortly before the election the polling place for the holding of the election was changed to the Cage Memorial Chapel, located at 7661 S. Jeffrey Ave., Chicago, Illinois.

(2) Notices of the election placed in the precinct indicated transportation to the chapel would be afforded by calling telephone No. 721-8900, the number of the Cage Chapel.

(3) Prior to the election, meetings were held in the Cage Memorial Chapel concerning the proposition. The meetings were sponsored by those seeking passage of the referendum proposition.

(4) During the November 4, 1986, election proponents of the proposition engaged in illegal electioneering within the polling place and 100 feet thereof in violation of Illinois election law. Some of those engaged in the illegal electioneering were representatives of the chapel.

Harry A. Cage, Jr., intervened in the cause and filed a motion to strike and dismiss the petition. On January 16, 1987, the trial court granted the intervenor's motion to strike, dismissed the cause with prejudice and denied plaintiffs' request ...


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