Colatorti v. Republican Legislative Committee for the Twenty-Sixth Legislative District

Plaintiff appealed from an order of the circuit court granting the defendants’ motions to dismiss plaintiff’s complaint for declaratory judgment. In the complaint, plaintiff alleged that the defendants failed to provide public notice prior to a meeting to fill an electoral vacancy, as is required by the Election Code, and that the defendants disregarded the statutory requirement to appoint a member of the same political party as the person who the appointee was succeeding. The appellate court affirmed, finding that the person selected to fill the vacancy was not an appointee until they were appointed and met the requirements of being of the same political party at the time of appointment. The appellate court further rejected plaintiff’s constitutional challenges to the statute. (KENNEDY and McLAREN, concurring)