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
0 comments:
Post a Comment