Muldrow v. Municipal Officers Electoral Board for the City of Markham

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2019 IL App (1st) 190345
Decision Date: 
Wednesday, April 24, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div,
Holding: 
Affirmed.
Justice: 
FITZGERALD SMITH

Petitioner, a city police officer, filed nominating papers to have his name placed on the ballot as a candidate for election to office of alderman. Objector's petition argued that Petitioner's statement, on his sworn statement of candidacy, that he was legally qualified to hold the office sought was false. Municipal Officers Electoral Board concluded that office of alderman was incompatible with service as a city police officer, and that Petitioner was not qualified to run for or hold office of alderman. The doctrine of incompatibility is not a basis upon which an electoral board may find that a candidate is not "qualified" for the office sought, for purposes of compliance with section 10-5 of the Election Code. (LAVIN and ELLIS, concurring.)