Keating v. Iozzo
508 N.E.2d 503
155 Ill.App.3d 774, 508 N.E.2d 503, 108 Ill.Dec. 342
(Cite as: 155 Ill.App.3d 774, 508 N.E.2d 503, 108 Ill.Dec. 342)
Appellate Court of Illinois,
Second District.
Dennis KEATING, Emil "Bud" Vittorio, and Larry Dean
(Mieszcak), as Candidates
for Village Trustee of Villa Park, Petitioners-Appellees,
v.
Mike IOZZO, Objector, Municipal Officers Electoral
Board of the Village of
Villa Park, Dan Nelson, Douglas Brandow, and Paul Hyde,
Respondents-Appellants.
No. 2-87-0214.
May 18, 1987.
Local electoral board struck names of candidates for village
office from ballot. The 18th Circuit Court, DuPage County,
John A. Darrah, J., reversed. On appeal, the Appellate
Court, Hopf, J., held that: (1) candidates were not barred
from raising issue of timeliness of objections to their nominating petitions on appeal from election board decision, and
(2) statutory deadline for those objections would not be extended notwithstanding absence of clerk to file those objections during afternoon business hours on deadline day, as
objector had notice of that absence and opportunity to comply with deadline and showed no hardship from limits on
that opportunity.
Affirmed.
144k305(6) Most Cited Cases
Findings of electoral board will not be reversed unless they
are against manifest weight of evidence.
[4] Time
3
378k3 Most Cited Cases
When party has no opportunity to comply with statutory
deadline or no notice of such an opportunity, it is likely that
deadline will be extended; on other hand, when party had
notice of opportunity to comply and can show no hardship
resulting from limitations on that opportunity, extension of
statutory deadline is disfavored.
[5] Elections
151
144k151 Most Cited Cases
Deadline for filing of objections to nominating petitions for
village office would not be extended notwithstanding that
no clerk was available during afternoon business hours on
deadline day to file those objections where objector had
both notice of clerk's absence and opportunity to file and
showed no hardship from limits on his opportunity.
**504 *774 ***343 Foss, Schuman, Drake & Barnard,
George C. Pontikes, Sheldon Gardner, Chicago, Daniels &
Sheen, Terence M. Sheen, Elmhurst, for respondents-appellants.
Law Office of Hubert J. Loftus, Ltd., Patrick M. Loftus, Addison, for petitioners-appellees.
Justice HOPF delivered the opinion of the court:
West Headnotes
[1] Appeal and Error
169
30k169 Most Cited Cases
Question never considered by trial court may not be raised
for first time on appeal, though question of jurisdiction may
be raised at any time.
[2] Elections
154(6)
144k154(6) Most Cited Cases
Candidates for village office were not barred from raising
issue of timeliness of objections to their nominating papers
for first time on appeal from election board decision, as it
involved jurisdictional question.
[3] Elections
Page 1
305(6)
Respondents appeal from a trial court ruling which reversed
a decision*775 of the local electoral board and ordered petitioners' names to be placed on the ballot for the Villa Park
municipal election to be held on April 7, 1987. Respondents
assert that the trial court erred in finding that objections to
petitioners' nominating papers were not filed on time and
that the nominations were thus valid.
Petitioners timely filed nominating petitions for the office of
village trustee. Respondent Iozzo subsequently filed objections to petitioners' nominating papers. The municipal officers electoral board of the village of Villa Park (Board)
convened on February 11, 1987, to hear the objections. At
the outset of the proceedings a motion was made by peti-
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
307
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