Wisnasky-Bettorf v. Pierce 

Illinois Appellate Court
Civil Court
Election Law
Citation
Case Number: 
No. 5-10-0265
Decision Date: 
Thursday, August 19, 2010
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed.
Justice: 
WEXSTTEN
(Court opinion corrected 9/16/10.) Petitioner was nominated by Republican Party for office of board of review member, after general primary elections where no Republican candidate's name was on the ballot nor nominated as a write-in. Circuit court properly upheld decision of County Electoral Board which sustained objection to timeliness of Petitioner's candidacy. Election Code language stating that vacancy "may be filled in accordance with the requirements of this section" means all of section 7-61 of the Code. Because resolution filling vacancy was not sent by U.S. mail or personal delivery to certifying officer or board within 3 days of action filling the vacancy, the nomination could not withstand a properly filed objection. Objection was timely filed, as it was filed within 5 business days of the last day Petitioner could have filed her nomination papers. (STEWART, concurring; SPOMER, dissenting.)