Lenehan v. Township Officers Electoral Board of Schaumbug Township

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 130619
Decision Date: 
April 3, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
DELORT
Holding: 
Reversed.
Electoral Board and trial court erred by finding that new Township Democratic committeeman, elected by executive board of township Democratic Party, lacked authority to sign certification of nomination of four candidates for April consolidated election. Voters' rights should not be abrogated by a vacancy in an office due to resignation. Election Code allows certificate of nomination to be signed by "presiding officer" of caucus, which may be someone other than the committeeman. Electoral Board's overly strict determination as to who could certify nominees was improper infringement on party's first amendment rights. (ROCHFORD and CUNNINGHAM, concurring.)