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Friday, January 12, 2018

Appellate Court Rules Against Candidate Who Lost Primary Election

After a candidate in the February 28, 2017 primary election ran for the Peoria city council and lost by a narrow margin, he sued to contest the election and ask the court to issue an injunction to "stay" the general election. The trial court dismissed the case, finding that injunction relief was only available to stay an election based on a limited basis and no exception applied in this case. The court also noted that the candidate did not file his amended complaint in time under the Election Code. The general election took place on April 4, 2017, and the candidate appealed on May 1, 2017.

The appellate court dismissed the appeal based on rulings by the Illinois Supreme Court that found similar cases moot where the election had already taken place and none of the exceptions to the mootness doctrine applied.  Elsamny v. The Peoria County Board of Election Commissioners, 2018 IL App (3d) 170295.

Post Authored by Jessi DeWalt, Ancel Glink


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