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Beatrice Sutton v. the Cook County Officers Electoral Board

October 18, 2012

BEATRICE SUTTON,
PLAINTIFF-APPELLANT,
v.
THE COOK COUNTY OFFICERS ELECTORAL BOARD, SITTING AS THE DULY CONSTITUTED ELECTORAL BOARD TO HEAR AND PASS UPON OBJECTIONS TO THE NOMINATION PAPERS OF CANDIDATES FOR THE OFFICE OF STATE SENATOR OF THE PRESIDING 27TH LEGISLATIVE DISTRICT FOR THE NOVEMBER 6, 2012 GENERAL ELECTION, AND ITS MEMBERS DAVID ORR, BY DANIEL P. MADDEN, ANITA ALVAREZ, BY PATRICK DRISCOLL, DOROTHY BROWN, BY CATHERINE ZARYCZNY, AND DAVID ORR, IN HIS CAPACITY AS COOK COUNTY CLERK, AND DAVID R. PAGE, DEFENDANTS-APPELLEES.



Appeal from the Circuit Court ) of Cook County ) No. 2012-COEL-000015 Honorable Susan Fox-Gillis, Judge

The opinion of the court was delivered by: Justice Quinn

JUSTICE QUINN delivered the judgment of the court, with opinion Presiding Justice Harris and Justice Smith concurred in the judgment and opinion.

OPINION

¶ 1 By this court's order dated October 11, 2012, both the Cook County Officers Electoral Board's decision and the circuit court's order dated August 30, 2012, proclaiming Democrat, David R. Page's right to appear on the ballot in his bid for the 27th District*fn1 seat was affirmed. This ruling follows.

¶ 2 This case originated when a voter from the 27th District, Beatrice Sutton, filed a challenge to the 27th District's Democratic committee's nomination and candidacy of David R. Page as the Democratic candidate for the office of state senator from her district alleging that Page's nomination and candidacy occurred without compliance with various provisions of the Illinois Election Code (10 ILCS 5/8-1 through 17.1 (West 2010)), as well as other statutory and constitutional provisions. The Cook County Officers' Electoral Board (Board), after a hearing where evidence and testimony were presented, issued a final decision dated August 24, 2012, overruling all objections made by Sutton to Page's candidacy. Sutton immediately filed a petition for judicial review of the Board's decision with the circuit court. On August 30, 2012, the circuit court affirmed the Board's order approving Page's candidacy. Sutton filed her notice of appeal to this court the next day.*fn2 The case was fully briefed on September 25, 2012 when Sutton filed her reply brief.*fn3 This opinion represents the court's reasoning for its October 11, 2012 order, affirming Page's right to appear on the ballot.

¶ 3 No candidate sought the Democratic nomination for state senator of the 27th District during the March 2012 primary election. Because no Democratic candidate sought the nomination, an appropriate political committee wishing to slate a candidate was required to designate a candidate for the November 6, 2012 general election. The Democratic committee for the 27th District was composed of the following members from the five townships whose votes are weighted according to the number of Democratic voters in their township, as follows: (1) William Powers, Barrington Township, 0.55%; (2) Christine Cegelis, Elk Grove Township, 18.38%; (3) Laura Murphy, Maine Township, 2.10%; (4) Sue Walton, Palatine Township, 33.14%; and (5) Kathleen Sances, Wheeling Township, 45.84%.

¶ 4 A committee meeting was held May 12, 2012, and Page was nominated to fill the vacancy to be the Democratic nominee to run in the general election. On June 4, 2012, Page filed his nominating papers with the Board by following the procedures in section 8-17 of the Illinois Election Code. 10 ILCS 5/8-17 (West 2010). After Page filed his nominating papers, objections were filed to his candidacy by Beatrice Sutton, a registered voter in the 27th District. After a full evidentiary hearing, the Board issued its decision on August 24, 2012, overruling all objections made by Sutton. Sutton's petition for judicial review of the Board's decision with the circuit court concluded with the circuit court affirming the Board's decision on August 30, 2012. In this appeal, Sutton persists in claiming improper notice was given to members of the committee of the May 12, 2012 meeting where the committee intended to propose Page's candidacy, as well as improper proxy voting involving committee members. Sutton also argues that the committee's failure to file a "Statement of Organization"with the Board prior to nominating Page renders its action in nominating Page invalid.

¶ 5 I. Notice to the Committee Members of the May 12, 2012 Nominating Meeting

¶ 6 The Board held a hearing on the facts surrounding notice to the members of the committee that a meeting would be held on May 12, 2012 to vote on the nomination of a democratic candidate for the Senate seat from the 27th District. It received evidence and heard testimony. The Board found that some notice was provided to all committee members. Based on committeewoman Cegelis' own testimony at the Board hearing, the Board found that she was, in fact, notified. Sutton challenged whether committeewoman Murphy was notified by providing an online directory that showed an e-mail address that was different from the one used to notify Murphy. The Board correctly held that this was merely evidence that Murphy had a possible second e-mail address, not that notice given via another e-mail address was not effective. Finally, the Board found committeman Powers was duly notified via a voicemail left for him by the political director for Senate President Cullerton's political committee who testified he called Powers to discuss the slating process to fill the 27th District's democratic vacancy. These are all factual findings that this court will reverse only if they are against the manifest weight of the evidence. Cinkus v. Village of Stickney Municipal Officers' Electoral Board, 228 Ill. 2d 200, 210 (2008). We have reviewed the hearing transcript and record and find that the Board's factual findings that all committee members received notice are fully supported and not against the manifest weight of the evidence.

¶ 7 Sutton next argues that even though notice may have been given, the notice given was inadequate. While there is no provision in the Election Code that mandates that notice be given to political committee members prior to a nomination to fill a vacancy on a ballot, the appellate court has invalidated the action of a political committee when it was found that one member did not receive any notice, at all, of the committee's proceedings. Graham v. State Officers Electoral Board, 269 Ill. App. 3d 609 (1995). The supreme court had initially ordered the candidate's name placed on the ballot (Graham v. State Officers Electoral Board, 157 Ill. 2d 500 (1994)) but then withdrew its order after the candidate was defeated in the election. On remand, the appellate court stated that "while the manner and method of notice prescribed by the Code may be directory, the giving of some notice to interested parties is mandatory." Graham, 269 Ill. App. 3d at 612. In the instant case, notice to the committee members was given. Sutton argues that the notice provided to two of the three committee members had technical shortcomings in the content and method they were given notice. This goes directly against case precedent. First, the Graham court, while holding that some notice is mandatory, also concluded that "the manner and method of notice" is directory. Graham, 269 Ill. App. 3d at 612. Our supreme court has held that failure to comply with a directory provision of the Election Code will not invalidate a nomination. People ex rel. Meyer v. Kerner, 35 Ill. 2d 33, 39 (1966).

¶ 8 In the instant case, the Board factually found that all committee members were notified about designating a candidate to fill the Democratic vacancy. We hold that the committee's action in taking a vote wherein Page was nominated to fill the Democratic vacancy is valid as the notice given to the committee members substantially complied with what case precedent has held to be necessary regarding notice. Siegel v. Lake County Officers Electoral Board, 385 Ill. App. 3d 452, 461 (2008) (example of practical application of the doctrine of substantial compliance). There are no statutory mandates regarding notice, and although there is case precedent that some notice is to be provided, there is no instruction either as to content or method of the notice that would serve as the minimum requirements of what would constitute "adequate" notice. We are satisfied that the committee members were all notified about designating a Democratic candidate to fill the vacancy in nomination.

¶ 9 The Board, in its August 24, 2012 decision correctly observed

"The question emerges of what the standard is that the notice should have to meet. The language of Graham - the case usually cited as authority - indicates the standard is easily met. Graham v. State Officers' Electoral Board, 269 Ill. App. 3d 609 (4th Dist. 1995). This case repeatedly uses language like 'some form of notice,' 'any notice' (both at 612) and 'the withholding of notice' (at 613), which suggests that the quality or content of the notice is not paramount, but that basic notice - simple, direct and non-technical - will suffice. Using that standard as out [sic] guideline, we find that [Sutton's] complaints about the adequacy of the form of the notice***cannot succeed." Objections of Sutton, 2012 COEB SS01, at 7 (Cook County Officers Electoral Board, Aug. 24, 2012).

ΒΆ 10 No committee member stepped forward to complain that inadequate notice prevented any member from exercising his or her Democratic committee responsibilities. It is Sutton , a voter in the district who complains. A township committee member holds a political party position. In this case, the committee is aligned with the Democratic party. Each committee member represents only the Democratic voters in his or her portion of the district. 10 ILCS 5/8-5 (West 2010). Each committee member casts a weighted vote for his or her portion of the district based on the number of Democratic primary ballots cast at the most recent primary election. We do not believe that it would be in the interests of the Democratic voters of the 27th District to void the vote taken by the committee to nominate Page and remove him as Democratic candidate from the ballot. Sutton argues that the decision of the Board resulted "in the disenfranchisement of the 54 votes [committeeman Powers] represents and a violation of their rights under the 'free and equal' clause of the Illinois ...


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