APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION
542 N.E.2d 127, 186 Ill. App. 3d 82, 134 Ill. Dec. 127 1989.IL.1044
Appeal from the Circuit Court of Cook County; the Hon. Eugene L. Wachowski, Judge, presiding.
JUSTICE PINCHAM delivered the opinion of the court. PRESIDING JUSTICE MURRAY, specially Concurring. JUSTICE COCCIA, specially Concurring.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM
Plaintiffs, Ronald C. Robinson and Leonard Barr, appeal from an order of the circuit court of Cook County dismissing their complaint for an election contest of the February 28, 1989, special election for the office of alderman of the sixth ward of Chicago and for an injunction because their complaint was not filed within the five-day statute of limitations set forth in section 21-27 of the Illinois Municipal Code (Ill. Rev. Stat. 1987, ch. 24, par. 21-27). The issues presented for review are whether this Chicago sixth ward aldermanic election contest was governed by section 21-27 of the Illinois Municipal Code (Municipal Code), or section 23-20 of the Illinois Election Code (Election Code) (Ill. Rev. Stat. 1987, ch. 46, par. 23-20) and whether the trial court properly denied plaintiffs' request for injunctive relief.
On February 28, 1989, the Chicago Board of Election Commissioners (Board) held a special election for the offices of mayor of the City of Chicago and alderman of the sixth ward. Plaintiff Ronald C. Robinson and defendants John O. Steele, Roy P. Oliver and Derotha H. Rogers appeared on the ballot as candidates for the office of alderman and Julius A. Jones ran for alderman as a write-in candidate. *fn1
On March 7, 1989, the Board proclaimed the following results for the sixth ward aldermanic election:
"Alderman 6th Ward Count* Percent
Ronald C. Robinson 11,641 50.10
Derotha H. Rogers 2,249 9.68