Jones v. Municipal Officers Electoral Board

Illinois Supreme Court
Civil Court
Election Code
Citation
Case Number: 
2021 IL 126974
Decision Date: 
Thursday, March 11, 2021
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Circuit court reversed.
Justice: 
GARMAN

City held a referendum proposing that candidates could not seek the office of mayor while simultaneously holding an elected, paid state office. Before outcome of referendum was certified, State Representative Jones filed nomination papers seeking office of mayor. Referendum was later certified as adopted. Objectors filed suit to bar Jones from appearing on 2/23/21 ballot. Circuit court affirmed Electoral Board's decision removing Jones from the ballot. Appellate court summarily reversed and ordered that Jones appear on the ballot. Because Jones filed his nomination papers prior to date referendum became effective (the date election was certified), Jones was legally qualified to run for mayor at that time. Circuit court's agreed order impounding the votes for Jones is reversed. (A. BURKE, THEIS, M. BURKE, OVERSTREET, and CARTER, concurring.)