Cook v. Illinois State Board of Elections

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2016 IL App (4th) 160160
Decision Date: 
Thursday, July 28, 2016
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed.
Justice: 
TURNER

Petitioner filed objections to nomination papers of 3 candidates for circuit court judge. All 3 judges had announced their resignation from their current judicial office and stated their intent to seek election to their own judicial office, rather than seek retention. Section 12(a) of Election Code provides that only limitation on who can run for judicial office is the person must be eligible for office of judge under article VI, section 11, of 1970 Illinois Constitution. Section 11 does not place any limitations on an elected judge's ability to run for the same judicial office. While Section 12(d) of Election Code provides elected judges may run for retention to keep their judicial office, Section 12(d) does not limit elected judges to retention procedure. (HARRIS and HOLDER WHITE, concurring.)