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12/18/89 Peoples Independent Party v. Thomas G. Petroff

December 18, 1989

PEOPLES INDEPENDENT PARTY ET AL., APPELLEES

v.

THOMAS G. PETROFF, SR., APPELLANT



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

548 N.E.2d 145, 191 Ill. App. 3d 706, 138 Ill. Dec. 915 1989.IL.1975

Appeal from the Circuit Court of St. Clair County; the Hon. Jerome F. Lopinot, Judge, presiding.

APPELLATE Judges:

JUSTICE HOWERTON delivered the opinion of the court. HARRISON and WELCH, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOWERTON

Petitioners formed a new political party, the Peoples Independent Party, by filing organization papers and a nomination petition with the Canteen Township clerk and were listed with their party affiliation as candidates for township positions for the consolidated election to be held April 4, 1989.

Respondent Thomas Petroff, Sr., filed an objection to the petition, alleging that petitioners had failed to attach to their nomination petitions a certificate stating the names and addresses of the party officers authorized to nominate or fill vacancies., Respondent did not object to the individuals being on the ballot, but objected to the ballot also carrying their party affiliation.

The Electoral Board of Canteen Township, impaneled pursuant to the Election Code (Ill. Rev. Stat. 1987, ch. 46, par. 10-9), struck petitioners from the ballot. Petitioners filed for judicial review in accordance with the Election Code (Ill. Rev. Stat. 1987, ch. 46, par. 10-10.1). The circuit court reversed the Board and ordered the Peoples Independent Party and all its candidates be placed on the ballot.

The respondent appeals and we affirm.

The pertinent statute provides:

"All petitions for nomination shall, besides containing the names of candidates, specify as to each:

1. The office or offices to which such candidate or candidates shall be nominated.

2. The new political party, if any, represented, expressed in not more than 5 words. . . .

3. The place of residence of any such candidate or candidates with the street and ...


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