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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