Cunningham v. Schaeflein

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2012 IL App (1st) 120529
Decision Date: 
Friday, May 4, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
EPSTEIN
In objection filed to nominating papers of candidate for U.S. Congress, Electoral Board's decision invalidated all petition sheets which had incorrect address for petition circulator, resulting in candidate having fewer than minimum number of signatures needed to appear on primary ballot. Minor error in circulator's numerical address (transposing of two digits in street address), which did not preclude parties from locating circulator and holding him to his oath at testimony before Board, does not invalidate all petitions circulated by him. Error did not affect substance or validity of circulator's statement did not jeopardize political process. Evidence of pattern of improper swearing of two circulators before notary requires invalidation of all sheets circulated by those two circulators. (J. GORDON and McBRIDE, concurring.)