Wiesner v. Brennan

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2016 IL App (2d) 160115
Decision Date: 
Monday, May 2, 2016
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
McLAREN

Objector filed objections to nomination papers of candidate for resident circuit judge in general primary election. County Election Commission found candidate to be ineligible to be on ballot pursuant to Section 7-10 of Election Code. Commission exceeded its authority by invalidating Candidate's statement of candidacy and petition sheets on grounds never raised by Objector in her petition. Commission properly found that Candidate's nominating petition sheets were in substantial compliance with Election Code, although headings on some sheets were slightly different from headings on other sheets, there was no basis for voter confusion. Commission's barring of Candidate's witnesses did not deny Objector opportunity to explorer relevant testimony.  Objector could have called those witnesses on her behalf, as sanction was against Candidate and not Objector.(ZENOFF and HUDSON, concurring).