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Neal v Cook County Officers Electoral Board and Its Members

Court of Appeals of Illinois, First District, Second Division

February 28, 2018

ALAN NEAL, Plaintiff-Appellant,
v.
THE COOK COUNTY OFFICERS ELECTORAL BOARD AND ITS MEMBERS; DAVID ORR, Cook County Clerk, by His Designee Daniel P. Madden, Chairman; KIMBERLY FOXX, Cook County State's Attorney, by Her Designee Sisavahn Baker, Member; DOROTHY BROWN, Cook County Clerk of the Circuit Court, by Her Designee Gloria Legette, Member; DAVID ORR, in His Official Capacity As Cook County Clerk; and ANTHONY JOHNSON, Defendants-Appellees. NAME OFFICE ADDRESS & ZIP CODE Signature of Voter Printed Name Voter's Residence Address City County, State Name Address Office District Party

         Appeal from the Circuit Court Of Cook County. No. 18 COEL 09 The Honorable Robert W. Bertucci, Judge Presiding.

          PRESIDING JUSTICE NEVILLE delivered the judgment of the court, with opinion. Justices Pucinski and Mason concurred in the judgment and opinion.

          OPINION

          NEVILLE PRESIDING JUSTICE

         ¶ 1 Anthony Johnson filed nomination papers for the office of Cicero Township committeeman. Alan Neal filed an objection to the papers on grounds that the nomination petitions stated that the signers were electors in the Township of Oak Park, not Cicero Township. The Cook County Officers Electoral Board (Board) denied the objection, and the circuit court affirmed. We find that the inconsistency on the face of the petition renders it invalid, and therefore we reverse the Board's decision and order the Board to remove Johnson's name from the March 20, 2018, General Primary Election ballot.

         ¶ 2 BACKGROUND

         ¶ 3 Anthony Johnson sought to run as the Green Party's candidate for the office of Cicero Township committeeman. He circulated the following petition:

"We, the undersigned, members of and affiliated with the Green Party and qualified primary electors of the Green Party, in the Township of Oak Park, in the County of Cook, and State of Illinois, do hereby petition that the following named person or persons shall be a candidate(s) of the Party for the nomination/election for the office or offices hereinafter specified to be voted for at the Primary Election to be held on March 20, 2018.
NAME
OFFICE
ADDRESS & ZIP CODE
Anthony Johnson
Cicero Township Committeeman 4-year term
1819 S. 59th Court Cicero, IL 60804
Signature of Voter
Printed Name
Voter's Residence Address
City
County, State

1 Anthony Johnson/s/

Anthony Johnson
1819 S. 59th Court
Cicero
Cook, IL

2 Veronica Lopez/s/

Veronica Lopez
1819 S. 59th CT
Cicero
Cook, IL

3 Francisco Belmonte/s/

Francisco Belmonte
1819 S. 59th CT
Cicero
Cook, IL

4 Adolfo Belmonte/s/

Adolfo Belmonte
1819 S. 59th CT
Cicero
Cook, IL

5 Juan Ochoa/s/

Juan Ochoa
5233 W 29th PL
Cicero
Cook, IL

6

7

8

9

10

State of Illinois) SS.
County of Cook)
[I, ] Anthony Johnson do hereby certify that I reside at 1819 S. 59th Court, in the Township of Cicero, Zip Code 60804, County of Cook, State of Illinois that I am 18 years of age or older, that I am a citizen of the United States, and that the signatures on this sheet were signed in my presence, not more than 90 days preceding the last day for filing of the petitions, and are genuine, and that to the best of my knowledge and belief the persons so signing were at the time of signing the petition qualified voters of the Green Party in the political division in which the candidates are seeking elective office, and that their respective addresses are correctly stated as above set forth.
Anthony Johnson/s/
Signature of Circulator"

         ¶ 4 Alan Neal filed an objection to the nomination papers, arguing that the petition did not substantially comply with the requirements of the Election Code (Code) (10 ...


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