(Court opinion corrected 3/4/19.) Respondent filed petition to appear as a candidate for City Alderman in consolidated primary election; he first filed to be nominated at Democratic Party primary, but later realized that his City doesn't hold partisan primaries, and thus filed a 2nd set of nominating petitions as a nonpartisan candidate and filed a document "withdrawing" his "candidacy" as a "Democrat." Objector objected that Respondent had violated Section 10-4 of Election Code. Section 10-6.2 of Election Code, which is more specific on this topic and which permits multiple filings and prescribes a procedure whereby candidate may choose one set of the petitions, controls over the more generally-worded Section 10-4. The dual-circulation prohibition in Section 10-4 applies only to partisan elections, and does not apply to this nonpartisan election. (FITZGERALD SMITH and LAVIN, concurring.)
Illinois Appellate Court
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