Illinois Campaign for Political Reform v. Illinois State Board of Elections

State: Illinois

Court: 1st District Appellate

Docket No: 1-06-1694 Rel

Case Date: 03/31/2008

Preview:THIRD DIVISION March 31, 2008

No. 1-06-1694

ILLINOIS CAMPAIGN FOR POLITICAL REFORM an Illinois Not-For-Profit Corporation, and KENT REDFIELD, an Illinois Citizen, ) Petitioners-Appellants, v. ILLINOIS STATE BOARD OF ELECTIONS, DANIEL W. WHITE, Executive Director; JESSE SMART, Chairman; WANDA REDNOUR, Vice Chairman; PATRICK BRADY, JOHN KEITH, WILLIAM McGUFFAGE, ALBERT PORTER, BRYAN SCHNEIDER, ROBERT WALTERS, Members; and ILLINOIS COALITION FOR JOBS, GROWTH AND PROSPERITY, an Illinois Not-For-Profit Corporation, GREGORY BAISE, Treasurer, Respondents-Appellees.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Petition for Review from the Illinois State Board of Elections.

No. 05 CD 003

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PRESIDING JUSTICE QUINN delivered the opinion of the court: This is a direct appeal from an order of the Illinois State Board of Elections (Board) dismissing the complaint filed by the Illinois Campaign for Political Reform and Dr. Kent Redfield (petitioners), alleging violations of the campaign disclosure requirements of the Election Code (10 ILCS 5/9-1 et seq. (West 2004)), against respondents Illinois Coalition for Jobs, Growth and

Prosperity, and Gregory Baise (collectively, the Coalition). The Board's dismissal order was not based on the merits of the complaint, but on the Board's "deadlock" vote and consequent inability to achieve the statutorily mandated five-member vote to enable the Board to find the matter to have been filed on justifiable grounds and order a public hearing. See 10 ILCS 5/1A-7, 9-21 (West 2004). Petitioners appealed directly to this court pursuant to section 9-22 of the Election Code (10 ILCS 5/9-22 (West 2004)). On appeal, petitioners contend that the 2003 Amendment to section 9-21 of the Election Code, pursuant to Public Act 93-574 (Pub. Act 93-574,

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