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02/23/95 MICHAEL P. GRAHAM v. STATE OFFICERS

February 23, 1995

MICHAEL P. GRAHAM, MICHAEL J. DOOLEY, MARCIA CARLISLE, VERNON P. SHEDD, WILLIE B. KEATON, STEVEN O. WILOUGHBY, PATRICIA ANN SHIELDS AND RONALD BAKER, PETITIONERS-APPELLANTS,
v.
STATE OFFICERS ELECTORAL BOARD AND ILLINOIS STATE BOARD OF ELECTIONS, DAVID MURRAY, LAWRENCE JOHNSON, HANNELORE HUISMAN, JUDITH JONES, JOHN J. LANIGAN, LANGDON NEAL, THERESA PETRONE AND WANDA REDNOUR, MEMBERS, AND JIM ANDERSON, RESPONDENT IN INITIAL BELOW, RESPONDENTS-APPELLEES.



Appeal from Circuit Court of Sangamon County. No. 94MR264. Honorable Richard J. Cadigan, Judge Presiding.

As Corrected March 31, 1995.

Honorable James A. Knecht, P.j., Honorable Robert W. Cook, J., Honorable Frederick S. Green, J. Cook and Green, JJ., concur.

The opinion of the court was delivered by: Knecht

PRESIDING JUSTICE KNECHT delivered the opinion of the court:

Petitioners filed objections to the nomination of respondent, Jim Anderson (Anderson), as a candidate for the office of representative in the General Assembly for the 104th Representative District of Illinois. After hearing, the respondent, State Officers Electoral Board (Board), overruled the objections. Petitioners sought review and the circuit court affirmed the decision of the Board. Because of the impending certification of the ballot by the State Board of Elections on September 2, 1994, an emergency appeal was filed by petitioners on August 31, 1994. A panel of this court, after reviewing the parties' trial briefs and the record, entered an order on September 1, 1994, reversing the judgments of the circuit court and the Board and directed that Anderson's name not be certified on the ballot for the 1994 general election. The order indicated a written disposition would follow.

Before that disposition was filed, however, on September 14, 1994, the Supreme Court of Illinois granted petitioner's request for expedited consideration, allowed his petition for leave to appeal, and reversed the judgment of this court. Anderson's name later appeared on the ballot, but he was defeated in the general election. Thereafter, on December 28, 1994, the supreme court, on its own motion, vacated its September 14, 1994, order and dismissed the cause on the basis the appeal had been improvidently granted. The court's mandate issued January 20, 1995.

Although the issue is moot since the election has been held and Anderson defeated, we consider this appeal as an exception to the rule because of the public nature of the question, the desirability of an authoritative determination of the issue to guide public officers, and the likelihood the issue will arise in the future.

In the proceedings below, the parties stipulated to the essential facts. Because no candidate ran for the Democratic nomination for the 104th Representative District in the March 1994 primary and there was no write-in candidate, a vacancy in nomination for that position occurred. Under sections 8-5 and 8-17 of the Election Code (Code) (10 ILCS 5/8-5, 8-17 (West 1992)), the representative committee of the Democratic party for the 104th Representative District, consisting of the Democratic county chairmen from Champaign, Douglas, and Ford Counties, was entitled to fill that nomination.

On May 15, 1994, at 3 p.m., a meeting was held at the home of Geraldine Parr, county chairman for Champaign County. In attendance was Charles Conner, county chairman for Douglas County. At that meeting, these two individuals conducted the statutorily required organizational meeting under section 8-5 of the Code, after which they adopted a resolution nominating Anderson to fill the vacancy. Anderson later filed his nomination papers in a timely fashion.

The objections lodged by the petitioners did not challenge the nomination papers filed by Anderson. Instead, petitioners claimed the nomination process was invalid because the representative committee failed to give notice of its meeting to the third member of the representative committee, Robert Mogged, county chairman for Ford County, and failed to hold the meeting within the representative district, in direct violation of section 8-5 of the Code.

The parties stipulated the residence of Parr, at which the meeting was held, is not within the 104th district. By affidavit, Mogged also averred he received no notice of the meeting at Parr's home.

In testimony before a hearing officer for the Board, David Piccoli, a Democratic house staff member, stated that, at Parr's request, he made one telephone call to Mogged's residence on the morning the meeting occurred. Piccoli testified Mogged did not answer the phone, and Piccoli did not reach an answering machine. Piccoli also conceded he did not send any letters notifying committee members of the meeting nor did he make any other attempt to advise Mogged of the meeting.

Mogged testified he was at home on the morning the meeting occurred but did not receive a telephone call. He testified he has an answering machine but was not sure if it was operational that day. Mogged first learned of the meeting several weeks after it occurred.

Parr and Conner both testified they attended the meeting at Parr's home but made no personal attempt to contact Mogged to give him notice of the meeting. Finally, the parties agreed the number of Democratic primary election voters in Ford County represented ...


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