Daniel v. Daly

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2015 IL App (1st) 150544
Decision Date: 
Tuesday, April 21, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
PIERCE
Respondent filed nomination papers for place on ballot as candidate for Board of Trustees of Community College. Petitioner filed Objector's Petition, objecting to legal validity of nearly all signatures on Respondent's petition sheets. After hearing, Education Officers Electoral Board dismissed Objector's Petition. Board was properly constituted, as Board included one member who sat as Board secretary, as required by Section 10-9(5) of Election Code, at time Board voted to dismiss Objector's Petition. Board reasonably questioned Petitioner on nature and basis of objection, after Respondent presented facially reasonable argument that objection was not filed in good faith. Petitioner was afforded opportunity to persuade Board that hiss objection was meritorious, and Board properly drew adverse inference from his failure to appear at hearing on Respondent's motion to dismiss Objector's Petition. (CONNORS and REYES, concurring.)