McHenry Township v. County of McHenry

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2021 IL App (2d) 200478
Decision Date: 
Thursday, April 15, 2021
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Reversed and remanded.
Justice: 
JORGENSEN

Township's board of trustees approved a resolution to dissolve the township and submitted to County Clerk a proposition that conformed to form in section 24-30(a) of Election Code: to place this referendum proposition on the township's November 2020 general election ballot. County Clerk, who is a ministerial officer, lacked the authority to look beyond the face of the filings (the March 2020 primary ballot question), in determining that this proposition was prohibited because it was identical to that ballot question. This is not a ministerial task, as it constitutes an assessment of the content of the filings.(ZENOFF and BRENNAN, concurring.)