Cooke v. Illinois State Board of Elections

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2021 IL 125386
Decision Date: 
Thursday, May 20, 2021
District: 
4th Dist.
Holding: 
Board affirmed in part and reversed in part.
Justice: 
GARMAN

In 2016, Plaintiff filed complaint alleging that, in violation of the Election Code, Committee for Frank J. Mautino (a candidate political committee) had filed inadequate expenditure reports and made expenditures that did not comply with section 9-8.10. Appellate court, in 2019, reversed State Board of Election's findings that Plaintiff had not met his burden in establishing violations of sections 9-8.10(a)(2) and 9-8.10(a)(9).  Section 9-8.10(a)(9) does not permit committees to make expenditures for gas and repairs to vehicles that are not owned or leased by the committee; they may only make expenditures for actual mileage reimbursement for such vehicles. Section 9-8.10(a)(2) regulates only the amount or price of an expenditure. Based on insufficient evidence, Plaintiff did not show that the Committee violated section 9-8.10(a)(2). Remanded to Board for a determination of whether the Committee's violation thereof was knowing pursuant to section 9-8.10(b). (A. BURKE, THEIS, M. BURKE, and OVERSTREET, concurring.)