Hooker v. Illinois State Board of Elections

Illinois Supreme Court
Civil Court
Elections
Citation
Case Number: 
2016 IL 121077
Decision Date: 
Thursday, August 25, 2016
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Circuit court affirmed.
Justice: 
KILBRIDE

(Dissent upon denial of rehearing.) Circuit court properly held that redistricting initiative petition submitted by "Support Independent Maps" failed to comply with requirements of article XIV, section 3, of Illinois constitution, thus precluding its inclusion on ballot at November 8, 2016 Illinois general election. Plain language of article XIV, section 3, states that constitutional amendments created b y ballot initiative are limited to structural and procedural subjects contained in Article IV. Sole provision in Illinois constitutional addressing the "subject" of Auditor General's job duties is article VIII, section 3; article IV does not mention that subject. Duties assigned to Auditor General by ballot initiative here do not comport with strict limitations in article XIV, section 3 of Illinois constitution. (FREEMAN, BURKE, and THEIS, concurring; GARMAN, THOMAS, and KARMEIER, dissenting; KARMEIER, dissenting upon denial of rehearing, joined by GARMAN and THOMAS.)