Krislov v. Yarbrough

Ct. of Appeals dismissed as moot plaintiff's appeal of Dist. Ct.'s order that rejected plaintiff's lawsuit alleging that Illinois statute (10 ILCS 5/7-10h), that required that plaintiff obtain 5,050 valid signatures from registered voters to run in March 2020 Democratic primary for position on Illinois Supreme Court, was unconstitutional as applied to him, since: (1) he fell 100 valid signatures short of obtaining 5,050 threshold, even though he submitted more than 5050 signatures; and (2) Constitution required that he be allowed to obtain position on ballot because falling within 100 signatures of relevant threshold was within margin of error for document examiners reviewing said signatures. Record showed that by time case had been briefed and argued, primary election had already occurred, and thus there was lack of live controversy in instant action that sought only injunctive relief. Moreover, plaintiff did not satisfy exception to mootness doctrine that instant dispute was capable of repetition, yet bound to evade review, where: (1) it was unlikely that plaintiff would run again and again come within margin of error of required threshold number of signatures; and (2) plaintiff always had adequate avenue of review in state court of any adverse decision regarding disputes regarding obtaining required number of valid signatures to obtain place on primary ballot. Accordingly, remand was required to vacate Dist. Ct.'s judgment on merits of case and to dismiss matter for lack of justiciable controversy.