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2022 IL App (1st) 220678
SIXTH DIVISION
June 7, 2022
No. 1-22-0678
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
SUSAN F. HUTCHINSON; MARK CURRAN; and
NANCY RODKIN ROTERING,
Petitioners-Appellees,
v.
THE ILLINOIS STATE BOARD OF ELECTIONS, in
its Capacity as the State Officers Electoral Board; IAN
LINNABARY, CASSANDRA B. WATSON,
WILLIAM J. CADIGAN, LAURA KENT DONAHUE,
TONYA L. GENOVESE, CATHERINE S. McCRORY,
WILLIAM M. McGUFFAGE, and RICK S. TERVEN,
SR., in Their Official Capacities as Members of the State
Officers Electoral Board; ALAN SPELLBERG;
CACILIA MASOVER; NANCY WAITES; JOE TIRIO,
McHenry County Clerk, in His Capacity as the Local
Election Authority of McHenry County; JOHN A.
CUNNINGHAM, Kane County Clerk, in His Capacity as
the Local Election Authority of Kane County; DEBBIE
GILLETTE, Kendall County Clerk, in Her Capacity as
Local Election Authority for Kendall County; ROBIN
M. O’CONNOR, Lake County Clerk, in Her Capacity as
the Local Election Authority; and DOUGLAS J.
JOHNSON, DeKalb County Clerk, in His Capacity as
the Local Election Authority,
Respondents,
(Alan Spellberg, Cacilia Masover, and Nancy Waites,
Respondents-Appellants).
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Appeal from the
Circuit Court of
Cook County
No. 22 COEL 9
The Honorable
Maureen O. Hannon
Judge Presiding.
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JUSTICE MIKVA delivered the judgment of the court, with opinion.
Justices Gordon and Oden Johnson concurred in the judgment and opinion
OPINION
¶ 1 This appeal requires us to interpret subsection (h) of section 7-10 of the Election Code (10
ILCS 5/7-10(h) (West 2020)). That subsection sets the minimum number of signatures petitioners,
Susan F. Hutchinson, Mark Curran, and Nancy Rodkin Rotering (candidates), were required to
submit to appear on the ballots for their respective parties in the upcoming June 28, 2022, General
Primary Election. Candidates are seeking their respective parties’ nomination for the Second
Judicial District’s seat on the Illinois Supreme Court. Respondents, Alan Spellberg, Cacilia
Masover, and Nancy Waites (objectors), objected to the candidates’ nomination papers on the basis
that they contained too few signatures. A hearing officer recommended that the candidates’ names
appear on the primary ballots. The Illinois State Board of Elections (Board) rejected the hearing
officer’s recommendation, found that the candidates had not submitted enough signatures, and
ordered their names not to appear on the ballots. On judicial review, the circuit court of Cook
County reversed the Board’s decision. Objectors have filed an appeal to this court. For the
following reasons, we agree with the circuit court that the Board’s decision rests on an incorrect
interpretation of section 7-10(h). We find that the candidates have submitted sufficient signatures
and that their names should appear on the primary ballots. We therefore reverse the decision of the
Board and affirm the circuit court.
¶ 2 I. BACKGROUND
¶ 3 A. The Election Code
¶ 4 Section 7-10(h) of the Election Code provides, in relevant part,
“Except as otherwise provided in this Code, if a candidate seeks to run for judicial office
in a district, then the candidate’s petition for nomination must contain the number of
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signatures equal to 0.4% of the number of votes cast in that district for the candidate for
his or her political party for the office of Governor at the last general election at which a
Governor was elected, but in no event less than 500 signatures.” 10 ILCS 5/7-10(h) (West
2020).
¶ 5 Section 1-3(14) of the Election Code defines “district” as
“any area which votes as a unit for the election of any officer, other than the State or a unit
of local government or school district, and includes, but is not limited to, legislative,
congressional and judicial districts, judicial circuits, county board districts, municipal and
sanitary district wards, school board districts, and precincts.” 10 ILCS 5/1-3(14) (West
2020).
¶ 6 In 2021, the General Assembly enacted the Illinois Judicial Districts Act of 2021 (Pub. Act
102-11, § 1 (eff. June 4, 2021) (adding 705 ILCS 23/1 et seq.)), which redistricted the Second
Judicial District to include only five counties: DeKalb, Kane, Kendall, Lake, and McHenry. Pub.
Act 102-11, § 15 (eff. June 4, 2021) (adding 705 ILCS 23/15). Prior to redistricting, the Second
Judicial District included those five counties and Boone, Carroll, DuPage, Jo Davies, Lee, Ogle,
Stephenson, and Winnebago counties.
¶ 7 Also in 2021, the General Assembly amended the Election Code to add section 2A-1.1b(b),
which provides that, for the 2022 General Primary Election, the signature requirement for an
established party candidate for specific offices, including the Illinois Supreme Court, would be
reduced by one-third. Pub. Act 102-15 § 5 (eff. June 17, 2021) (adding 10 ILCS 5/2A-1.1b). The
parties agree that that section 2A-1.1b(b) applies, and that, whatever the minimum signature
requirement is under section 7-10(h), that amount is reduced by one-third for the 2022 primary
election.
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¶ 8 B. Proceedings Before the Board
¶ 9 The facts are not in dispute. Hutchinson and Curran filed nomination papers seeking the
Republican nomination in the Second Judicial District for the vacant seat on our supreme court.
Rotering filed nomination papers seeking the Democratic nomination for that seat. Hutchinson’s
and Curran’s nomination papers contained 702 signatures and 670 signatures, respectively.
Rotering’s nomination papers contained 669 signatures.
¶ 10 Objectors challenged the candidates’ nomination papers, asserting that under sections
7-10(h) and 2A-1.1b(b) of the Election Code, Hutchinson and Curran were required to submit 757
signatures and Rotering was required to submit 791 signatures. Objectors’ signature counts were
based on the votes cast for the Republican and Democratic candidates for governor at the 2018
general election in the five counties now comprising the Second Judicial District, multiplying that
number, by .004 (0.4%) and reducing by one-third. A hearing officer was assigned, and the parties
filed cross-motions for summary judgment. A hearing was held on April 9, 2022, and the hearing
officer heard oral argument.
¶ 11 On April 15, 2022, the hearing officer made written findings and recommendations. The
hearing officer reasoned that the redrawn Second Judicial District did not exist at the time of the
last gubernatorial election, so the redrawn Second Judicial District did not vote as a unit at that
election. Therefore, the catchall provision in section 7-10(h), requiring a minimum of 500
signatures and reduced by one-third for the 2022 primary to 334 signatures, applied. Each
candidate obtained more than 334 signatures. The Second District’s decision in Vestrup v. Du Page
County Election Commission, 335 Ill. App. 3d 156 (2002) (interpreting section 10-2 of the Election
Code) was on point and stood for the proposition that when a district is redrawn, the redrawn
district cannot be said to have voted as a district at a prior election because it did not exist at the