IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT OF ILLINOIS

SANGAMON COUNTY, ILLINOIS

SHARON ANN MERONI, )

)
Plaintiff, )
)
-vs- ) No.10-MR-501
)
ILLINOIS STATE BOARD OF )
ELECTIONS, et aI., )
)
Defendants. )

ORDER

CAUSE COMING ON for hearing on Plaintiff's Complaint for Judicial Review.

The Plaintiff has filed objections with the Illinois State Board of Elections (the "Board")

to the Candidates named in this action pursuant to 10 ILCS 5/10-8. The Objections

contained the identical allegation that "[t]he Candidate's nominating papers are

insufficient because they fail to demonstrate and/or provide documentation that the

candidate meets the constitutional requirements for office." There were no allegations

made that were specific to the individual candidates, and no further detail as to what

was insufficient about the nominating papers. The Board heard Plaintiff's objections to

the various nominating petitions and granted various Motions to Strike the objections,

as well as striking her objections sua sponte pursuant to Rule 4 of the Board's Rules of

Procedure. The issue before this court is whether the Board erred in dismissing the

Plaintiff's objections to the nominating papers of the candidates named in this action.

Both parties have filed briefs in this case. Plaintiff's brief contains material that is

outside of the administrative record, and in accordance with 735 ILCS 5/3-110, was not

considered by this Court.

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 This case presents a mixed question of fact and law because the issue is

whether the facts, in this case the objections, satisfy the statutory standard set forth for

objections. The decision of the Board must be affirmed unless it is clearly erroneous.

Plaintiff's objections do not meet the statutory standard in this case because they

do not identify any specific deficiency in the nominating papers of a particular

candidate. The Board does not have the statutory authority to investigate Plaintiff's

objections in any more depth than what the objection itself states. Were the Board to

require more documentation than the Election Code requires, it would be acting outside

its authority. The decision of the Board in this case was not clearly erroneous.

THEREFORE, for the foregoing reasons, the decision of the Illinois State Board of

Elections is AFFIRMED.

DATE :__ 9-,-' ,_t-_3-L...·j_O_ JUDGE:_~_-'\-\ .: _Q:_'/_< _

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