Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter


Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Thursday, June 6, 2013

Filing Candidate's Statement of Economic Interest in Wrong County Not Fatal

In Atkinson v. Roddy, candidates for the office of Village Trustee in the Village of Roselle filed their statements of economic interest in Cook County.  Roselle is located in Cook and DuPage Counties but because the municipal office is located in DuPage County, the Election Code requires candidates to file their statements in that county.  Objections were filed against the candidates for failure to comply with the Election Code, which was heard by the municipal electoral board.  The electoral board ruled in favor of the candidates (who lived on the Cook County side of Roselle), finding that they substantially complied with the election statute. 
On appeal, the Illinois appellate court dismissed one of the cases as moot because the candidate had lost the election.  With respect to the case involving the candidate who won the election, the appellate court determined that the violation was technical in nature, and that the purpose of the statute was met because the candidate filed the papers, just in the wrong office.   Thus, the court affirmed the ruling that the candidate substantially complied with the Election Code and upheld her candidacy.
Post Authored by Julie Tappendorf, Ancel Glink


Post a Comment