Walker v. Agpawa

Illinois Supreme Court
Civil Court
Election Code
Case Number: 
2021 IL 127206
Decision Date: 
Thursday, August 26, 2021
1st Dist.
Cook Co.
Appellate court reversed; Board affirmed.
Appellate court erred in holding that Defendant was not a qualified candidate for mayor of Markham due to a 1999 federal felony mail fraud conviction. Then-Governor Rauner, in 2018, issued an untitled document on official letterhead stating that Defendant's rights of citizenship which may have been forfeited under Illinois law as a result of that federal conviction were restored. In 2020, Defendant filed papers seeking reelection as mayor. Plain language of amended section 29-15 of Election Code and amended section 3-10-5(b) of Municipal Code provides that a person convicted of an infamous crime loses eligibility to assume municipal office but may regain eligibility by a restoration of rights from the governor. Governor Rauner's untitled document restored all of Defendant's Illinois rights of citizenship, including the right to hold municipal office, and he was eligible to be mayor of Markham. (A. BURKE, GARMAN, NEVILLE, M. BURKE, OVERSTREET, and CARTER, concurring.)