Plaintiff filed an emergency complaint in mandamus against the defendant in his capacity as clerk and local election official seeking an order to certify plaintiff as a candidate for the mayor of the Village of Hazel Crest for the April municipal election. The circuit court granted the defendant’s motion to dismiss and plaintiff appeal. On appeal, plaintiff argued that the trial court should not have dismissed the complaint because the defendant lacked the authority to invalidate plaintiff’s nominating papers based on the defendant’s belief that plaintiff had also filed nomination papers for an “incompatible office.” The appellate court affirmed, finding that plaintiff’s complaint did not sufficiently allege facts supporting his clear right to mandamus relief or showing that defendant had a clear duty to act. (ROCHFORD and MARTIN, concurring)
Illinois Appellate Court
Civil Court
Election Law