Johnson v. Ames 

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2016 IL App (1st) 162770
Decision Date: 
Tuesday, November 1, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON

(Court opinion corrected 11/9/16.) Petitioner filed petition for referendum, seeking to place a term limits question on ballot for 11/8/16 general election, to govern eligibility of candidates running for village president in 4/4/17 municipal election and in subsequent elections. Question is not vague or ambiguous, and contains no inherently contradictory phrases. Prior conditions, such as where a candidate previously lived, may remove candidate from eligibility for prospective office, but this does not give referendum retroactive application. Affidavits notarized by Petitioner are not invalid. Section 6-104(b) of Illinois Notary Public Act prohibits a notary to notarize any instrument in which notary's name appears as a party, but the "instrument" here is the petition which voters signed, and notary's name does not appear as a party. (REYES, concurring; LAMPKIN, dissenting.)