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06/25/97 DONNA L. POCHIE v. COOK COUNTY OFFICERS

June 25, 1997

DONNA L. POCHIE, PETITIONER-APPELLANT,
v.
THE COOK COUNTY OFFICERS ELECTORAL BOARD, AND ITS MEMBERS, DANIEL P. MADDEN, DONALD A. MIZERK, AND RALPH SCHROEDER, DAVID D. ORR, IN HIS OFFICIAL CAPACITY AS COOK COUNTY CLERK, THE CHICAGO BOARD OF ELECTION COMMISSIONERS, AND ITS MEMBERS, MICHAEL J. HAMBLETT, ARNETTE HUBBARD, AND RICHARD COWEN, IN THEIR OFFICIAL CAPACITIES, AND DEREK BANKS, RESPONDENTS-APPELLEES.



Appeal from the Circuit Court of Cook County, Illinois County Department County Division. No. 96 CO 177. Honorable Francis Barth, Judge Presiding.

As Corrected June 30, 1997. Released for Publication August 5, 1997.

Presiding Justice Cousins, delivered the opinion of the court. McNULTY and Hourihane, JJ., concur.

The opinion of the court was delivered by: Cousins

PRESIDING JUSTICE COUSINS, delivered the opinion of the court:

Petitioner Donna L. Pochie filed an expedited appeal from the circuit court order entered September 10, 1996, affirming the decision of the Cook County Officers Electoral Board granting the motion of respondent Derek Banks to strike and dismiss petitioner's objector's petition. Respondent Banks' motion to strike and dismiss asserted that Pochie lacked standing to bring her objector's petition because petitioner did not meet the requirements of section 10-8 of the Election Code (10 ILCS 5/10-8 (West 1994)).

Section 10-8 of the Election Code provides in pertinent part:

"The objector's petition shall give the objector's name and residence address, and shall state fully the nature of the objections to the certificate of nomination or nomination papers or petitions in question, and shall state the interest of the objector and shall state what relief is requested of the electoral board." 10 ILCS 5/10-8 (West 1994.)

After granting an expedited appeal, we affirmed the judgment of the circuit court by order entered October 25, 1996, stating that a written decision of this court would follow.

The sole issue presented for review in this appeal is whether the "residence address" requirement of section 10-8 of the Illinois Election Code is mandatory. Our analysis of the record in the instant case establishes that Pochie's objector's petition alleged in part that certain of Banks' nominating petitions were invalid because "the nomination papers contain petition sheets with names of persons for whom the addresses stated are not in the 28th Representative District of the State of Illinois."

Banks affirmatively responded by moving to strike and dismiss the objector's petition. He alleged that the objector's petition did not meet the requirements of section 5/10-8 of the Election Code of Illinois because the petition failed to state her address. In this regard, the record establishes that Pochie's objector's petition alleges: "The objector resides at 11006, Chicago, Illinois, Zip Code 60655, in the 28th Representative District of the State of Illinois, and is a duly qualified, legal and registered voter at that address."

Does objector's petition conform to the pertinent provisions of section 10-8 of the Election Code? We answer this question in the negative.

However, petitioner contends that the address provision of section 10-8 of the Election Code is directory. We disagree. Petitioner relies primarily on the holding in Wollan v. Jacoby, 274 Ill. App. 3d 388, 653 N.E.2d 1303, 210 Ill. Dec. 841 (1995). In Wollan, the appellate court affirmed the decision of the trial court that the objector's failure to file a copy of the petition along with the original and also that the use of the term "Commissioner" instead of the term "trustee" did not make the objector's petition legally defective. Wollan, 274 Ill. App. 3d at 392. In our view, petitioner's reliance on Wollan is misplaced.

Petitioner's reliance on Wollan is misplaced because Wollan does not address the "residence address" requirement of section 10-8 of the Election Code. Rather, in Wollan, the court addressed the failure of the objector to file a copy of the petition and petitioner's failure to refer to the correct office (which the Code does not require). Wollan, 274 Ill. App. 3d 388, 653 N.E.2d 1303, 210 Ill. Dec. 841.

Petitioner also cites Board of Education of Wapella Community Unit School District. No. 5 v. Regional Board of School Trustees, 247 Ill. App. 3d 555, 617 N.E.2d 442, 187 Ill. Dec. 234 (1993). In Wapella, the court upheld the validity of signatures under the School Code (105 ILCS 5/7-2(a) (West 1992)) where "the identity of the registered voter can readily be determined from the address ...


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