Maksym v. Board of Elections Commissioners

State: Illinois

Docket No: 111773 Rel

Case Date: 01/27/2011

Preview:Docket No. 111773.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

WALTER P. MAKSYM et al., Appellees, v. THE BOARD OF ELECTION COMMISSIONERS OF THE CITY OF CHICAGO et al., Appellants. Opinion filed January 27, 2011. JUSTICE THOMAS delivered the judgment of the court, with opinion. Chief Justice Kilbride and Justices Garman, Karmeier, and Theis concurred in the judgment and opinion. Justices Freeman and Burke specially concurred, with opinion.

OPINION The petitioners, Walter P. Maksym, Jr., and Thomas L. McMahon, filed written objections to the candidacy of the respondent, Rahm Emanuel (the candidate), who seeks to be a candidate for mayor of the City of Chicago in the municipal general election to be held on February 22, 2011. After an evidentiary hearing, the Board of Election Commissioners of the City of Chicago (the Board) dismissed the objections and ruled that the candidate was entitled to have his name included on the ballot as a mayoral candidate. The petitioners sought judicial review in the circuit court of Cook County, which confirmed the decision of the Board. The petitioners appealed, and the appellate court reversed the circuit court's judgment, set aside the

Board's decision, and ordered that the candidate's name be excluded (or, if necessary, removed) from the ballot for Chicago's February 22, 2011, mayoral election. No. 1

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