Solomon v. Ramsey

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2015 IL App (1st) 140339-B
Decision Date: 
Wednesday, September 30, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed.
Justice: 
PUCINSKI
State Officers Electoral Board issued decisions to remove Petitioner from ballot, and to allow incumbent candidate's name to remain on ballot for primary election for Democratic Party's nomination for State Representative for 38th District. Petitioner complied with Section 10-10.1(a) of Election Code as to service requirements, as Petitioner served the Board as an entity but did not serve the individual Board members. Board, as an entity, has a statutorily defined membership, and thus service on Board also effectuates service on those individuals who comprise the Board. Petitioner's erroneous naming of Board members (as identified on Board's outdated letterhead) who issued decision did not deprive court of subject matter jurisdiction over his petitions, as Election Code does not require the naming of parties. (MASON and FITZGERALD SMITH, concurring.)