McHenry Township v. County of McHenry

Matter arising from the clerk of McHenry County’s refusal to place a proposition to dissolve the McHenry Township on the November 2020 general election ballot by finding that it violated the statutory prohibition against placing “the same proposition” on the ballot within 23 months because a proposition to dissolve the township was rejected by voters in the March 2020 primary election. The plaintiff filed for a writ of mandamus and the circuit court dismissed the complaint pursuant to section 2-619 of the Code of Civil Procedure. The appellate court reversed, holding that the clerk lacked the statutory authority to refuse to place the referendum on the ballot and was obligated to perform the ministerial act of placing the proposition on the ballot. While on appeal to the Illinois Supreme Court, the township withdrew its brief and aligned with the county in its opposition to the appellate court opinion. Because this did not resolve the litigation and because the issue, despite being moot, could arise again in the future the Illinois Supreme Court addressed the arguments raised by defendants and affirmed the appellate court, finding that the clerk was not authorized by the Election Code to prohibit the proposition from appearing on the ballot on the grounds that it violated section 28-7 of the Election Code. The court did not determine whether the proposition actually violated section 28-7. (ANNE M. BURKE, GARMAN, THEIS, NEVILLE, OVERSTREET and CARTER, concurring)