Court Dismisses Electoral Board Appeal for Improper Service
In November 2024, a candidate for the position of School Board Member (Candidate) filed a statement of candidacy which affirmed that her residence was within the School District. A resident of the School District (Objector) objected to the Candidate’s nominating papers, alleging that her address was incorrect and that she resided outside of the District, making her ineligible for a School Board Member position.
The Objector requested that the Electoral Board find that the Candidate was ineligible to appear on the April 2025 ballot. At the Electoral Board hearing, the Candidate moved to dismiss the objection claiming the objection failed to state an “interest” as required by the relevant statute. In response, the Objector argued that being a resident of the School District was enough of an interest to satisfy the requirement. Because the statute required a statement of interest, and the objection failed to state an interest, the Electoral Board granted the Candidate’s motion, dismissing the objection.
The Objector appealed the Board’s decision, arguing that the objection included the Objector's status as a resident of the School District, so no further information was required. The trial court ruled in favor of the Candidate, finding it did not have jurisdiction over the case because the Objector failed to send certified copies of the petition to the parties as required by statute. The trial court also addressed the merits of the appeal, affirming the Electoral Board’s decision dismissing the objection as not “clearly erroneous.”
The Objector appealed that decision, and the Appellate Court also held that the court had no jurisdiction over the appeal because the Objector failed to comply with the service requirements of state law. Although the Objector stated in the petition for review that he served the parties by registered or certified mail, the evidence showed he only sent it by regular mail, which was not sufficient under the statute. As a result, the Appellate Court affirmed the trial court’s dismissal for lack of jurisdiction, vacated the portion of the opinion that addressed the merits of the appeal, and affirmed the Electoral Board’s decision dismissing the objection. Mosley v. Holbrook, 2025 IL App (5th) 250096-U
Note that the Petitioner also filed identical objections against two other School Board Member Candidates for living outside the School District. The trial court in all three cases reached the same result – dismissing the objections because the Petitioner failed to state an “interest” on his objection. It was also the same result on appeal in all three cases – dismissal for improper service after the Petitioner sent his petitions for review by regular mail rather than certified mail. Mosley v. Holbrook, 2025 IL App (5th) 250097-U; Mosley v. Holbrook, 2025 IL App (5th) 250098-U.
Post Authored by Rachel Defries & Julie Tappendorf, Ancel Glink
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