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10/27/89 Linda Jones Et Al., v. Geary Dodendorf Et Al.

October 27, 1989

LINDA JONES ET AL., PLAINTIFFS-APPELLANTS

v.

GEARY DODENDORF ET AL., INDIV. AND TOGETHER CONSTITUTING THE ELECTORAL BOARD OF THE BOARD OF EDUCATION OF



Before a candidate can be denied a place on the ballot, the rights of both the candidate and the voters must be taken into consideration. (Huskey v. Municipal Officers Electoral Board (1987), 156 Ill. App. 3d 201, 205.) In addition, the interest of the State in regulating elections must be recognized. The crucial question is whether it is conceivable that removing these candidates from the ballot has a rational relationship to a legitimate governmental objective. Huskey, 156 Ill. App. 3d at 205; Havens v. Miller (1981), 102 Ill. App. 3d 558, 570., Plaintiffs argue that there is no rational relationship between their removal from the ballot and the objective of the numbering requirement. We disagree.

APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Palisades Community Consolidated School

Counties, et al., Defendants-Appellees

No. 2-89-1020

546 N.E.2d 92, 190 Ill. App. 3d 557, 137 Ill. Dec. 468 1989.IL.1708

Appeal from the Circuit Court of Du Page County; the Hon. John S. Teschner, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. UNVERZAGT, P.J., and WOODWARD, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

The issue in this case is the right of plaintiffs, Linda Jones, Anthony Kramer, William Nash and James Valukas, to have their names printed on the ballot as candidates for School Board members of Palisades Community Consolidated School District No. 180. Defendant, electoral board (Board), ruled against petitioners, holding that the pages of plaintiffs' nominating petitions were not numbered and, therefore, were invalid. The circuit court of Du Page County affirmed the order of the Board and held that the provisions of section 10-4 of the Election Code (Ill. Rev. Stat. 1987, ch. 46, par. 10-4) were mandatory. Because of the imminence of the election and the need for a prompt decision, this court allowed an expedited appeal.

Three issues are raised on appeal: (1) whether the provision of section 10 -- 4 of the Election Code regarding page numbering is mandatory or directory; (2) whether there was substantial compliance by plaintiffs; and (3) whether plaintiffs' constitutional rights were violated by removing their names from the ballot.

On appeal, the decision of the Board will not be reversed or set aside unless it is against the manifest weight of the evidence, that is, unless it is arbitrary and unsupported. Ill. Rev. Stat. 1987, ch. 46, par. 10-10.1; Huskey v. Municipal Officers Electoral Board (1987), 156 Ill. App. 3d 201, 204; Williams v. Butler (1976), 35 Ill. App. 3d 532, 538.

Section 10 -- 4 provides in part:

"[The petition] sheets, before being presented to the . . . electoral district or division of the State or municipality, as the case may be, shall be neatly fastened together in book form, by placing the sheets in a pile and fastening them together at one edge in a secure and suitable manner, and the sheets shall then be ...


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