{ "id": 5298583, "name": "ALVIN D. WELCH et al., Plaintiffs-Appellants, v. DAVID N. JOHNSON et al., Defendants-Appellees", "name_abbreviation": "Welch v. Johnson", "decision_date": "1991-05-14", "docket_number": "No. 1\u201491\u20140909", "first_page": "478", "last_page": "487", "citations": [ { "type": "official", "cite": "214 Ill. App. 3d 478" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "378 N.E.2d 558", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "61 Ill. App. 3d 999", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3346415 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/61/0999-01" ] }, { "cite": "519 N.E.2d 1092", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "166 Ill. App. 3d 515", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5071783 ], "pin_cites": [ { "page": "518" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/166/0515-01" ] }, { "cite": "515 N.E.2d 1222", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1988, "opinion_index": 0 }, { "cite": "118 Ill. 2d 389", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3188237 ], "year": 1988, "pin_cites": [ { "page": "402" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/118/0389-01" ] }, { "cite": "317 N.E.2d 534", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "58 Ill. 2d 117", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2953961 ], "pin_cites": [ { "page": "126" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/58/0117-01" ] }, { "cite": "509 N.E.2d 453", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "156 Ill. App. 3d 247", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3504709 ], "pin_cites": [ { "page": "252" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/156/0247-01" ] }, { "cite": "620 F.2d 144", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 1372594 ], "pin_cites": [ { "page": "147" } ], "opinion_index": 0, "case_paths": [ "/f2d/620/0144-01" ] }, { "cite": "553 N.E.2d 25", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1980, "opinion_index": 0 }, { "cite": "195 Ill. App. 3d 556", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2492794 ], "year": 1980, "pin_cites": [ { "page": "558" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/195/0556-01" ] }, { "cite": "448 N.E.2d 989", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "114 Ill. App. 3d 311", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3591389 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/114/0311-01" ] }, { "cite": "210 Ill. App. 3d 958", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2534352 ], "year": 1983, "opinion_index": 0, "case_paths": [ "/ill-app-3d/210/0958-01" ] }, { "cite": "429 N.E.2d 1292", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "102 Ill. App. 3d 558", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3075200 ], "weight": 5, "pin_cites": [ { "page": "567-69" }, { "page": "571" }, { "page": "568" }, { "page": "571" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/102/0558-01" ] }, { "cite": "446 N.E.2d 256", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "112 Ill. App. 3d 926", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5432389 ], "weight": 3, "pin_cites": [ { "page": "929-30" }, { "page": "930" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/112/0926-01" ] }, { "cite": "509 N.E.2d 509", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "156 Ill. App. 3d 257", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3505478 ], "weight": 2, "pin_cites": [ { "page": "259" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/156/0257-01" ] } ], "analysis": { "cardinality": 801, "char_count": 19686, "ocr_confidence": 0.794, "pagerank": { "raw": 6.087085966315723e-08, "percentile": 0.3778330319644118 }, "sha256": "f42b31ae162b68f5e4aba4917e76aae67ca887f06ffe6e451658f170aece48b6", "simhash": "1:1530842a086b3d75", "word_count": 3128 }, "last_updated": "2023-07-14T20:26:06.259068+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "ALVIN D. WELCH et al., Plaintiffs-Appellants, v. DAVID N. JOHNSON et al., Defendants-Appellees." ], "opinions": [ { "text": "JUSTICE HARTMAN\ndelivered the opinion of the court:\nPlaintiffs appeal the circuit court\u2019s grant of summary judgment in favor of defendant, David N. Johnson (Johnson), finding that his statement of economic interests, as amended, met all statutory requirements. The appeal raises as issues whether (1) the original omissions on Johnson\u2019s statement of economic interests must result in ineligibility for, or forfeiture of, the mayoralty of the City of Harvey, (2) Johnson\u2019s amended statement of economic interests relates back to the date on which he filed his original statement, and (3) evidence was improperly submitted and considered at the March 15, 1991, hearing. In the interests of timeliness, we have already ruled upon the issues presented in this appeal. As indicated in our order of reversal issued on April 19, 1991, our reasons were to be set forth in an opinion, which now follows.\nThe City of Harvey mayoral election was to take place on April 2, 1991. Johnson, the incumbent mayor, sought inclusion on the 1991 mayoral ballot. Damon Rockett, a plaintiff in this case, was one of the other five candidates for mayor of Harvey. Alvin Welch, also a plaintiff, is a resident and legal voter in that city.\nOn January 22, 1991, Johnson timely filed his statement of economic interests in the office of the Cook County clerk, as required by the Elinois Election Code. (See Ill. Rev. Stat. 1989, ch. 46, par. 10\u20146 (Election Code).) Item number seven on the statement required a candidate to list the name of any unit of government by which he was employed during the preceding year, other than the unit of government related to his candidacy. Johnson wrote \u201cnone\u201d in response to that item. Johnson also wrote \u201cnone\u201d in response to question number eight, which sought disclosure of any honoraria in excess of $500 received during the preceding year.\nOn February 1, 1991, plaintiffs filed a verified complaint for a declaratory judgment and injunctive relief, requesting that Johnson\u2019s nominating papers be declared void and that his name not appear on the 1991 mayoral ballot. Plaintiffs claimed that Johnson failed to indicate on his statement of economic interests that he was employed by Community College District 510 (District 510), an independent unit of government. His statement, therefore, was allegedly false and incomplete. Johnson thereafter filed an amended statement of economic interests with the Cook County clerk on February 5, 1991, which listed his employment with District 510 and also disclosed that he had received an honorarium during the previous year in excess of $500.\nPlaintiffs filed a petition for a temporary restraining order and preliminary injunction seeking to enjoin placement of Johnson\u2019s name on the mayoral ballot. Johnson in turn filed his objections to plaintiffs\u2019 petition, in which he averred that he inadvertently entered \u201cnone\u201d in response to question seven on the statement of economic interests. He indicated that the correct response should have been \u201cBoard of Trustees of Community College District No. 510,\u201d which body had employed Johnson as a tenured professor at South Suburban College for the past 18 years. Concurrent with his objections, Johnson filed a motion to strike and dismiss plaintiffs\u2019 complaint.\nAt the hearing on March 15, 1991, the circuit court denied Johnson\u2019s motion to dismiss plaintiffs\u2019 complaint. Johnson then immediately tendered an answer to the complaint. Plaintiffs moved for judgment on the pleadings, or alternatively, summary judgment. Following further argument, the court granted plaintiffs\u2019 motion for judgment on the pleadings. Johnson was then allowed to make an offer of proof as to his state of mind in completing the statement of economic interests. Through the testimony of Johnson and Frank Piekarski, a City of Harvey commissioner, it was adduced that Johnson\u2019s employment with South Suburban College was known throughout the community. He lectured extensively before organizations in Harvey and elsewhere, and his position with the college had been noted in the press. Further, his campaign literature disclosed his employment and activities with District 510. Following the offer of proof, the court took the matter under advisement.\nOn March 19, 1991, the circuit court entered a written judgment summarizing the proceedings to date, ruling on all pending motions, and denying plaintiffs\u2019 motion for a temporary restraining order and preliminary injunction. The court found that, in light of the offer of proof, Johnson did not intend to falsify his statement of economic interests or mislead voters regarding his employment by District 510. The statement filed on January 22, 1991, together with the amended statement, satisfied the requirements of the Election Code. Plaintiffs\u2019 motion for judgment on the pleadings, which previously had been granted, was denied by the court in a modification of its prior ruling. Summary judgment, instead, was granted in favor of Johnson.\nPlaintiffs filed their motion for reconsideration on March 21, 1991. At the hearing, they provided affidavits of 93 voters registered in the City of Harvey who had been unaware of Johnson\u2019s employment with South Suburban College. The court denied the motion, and this appeal followed.\nThe mayoral election was held as scheduled on April 2, 1991, with Johnson emerging as the winner by 12 votes. Plaintiffs had appealed on March 21, 1991, and moved for expedited consideration, which was granted.\nI\nPlaintiffs first argue that Johnson\u2019s name should have been removed from the mayoral ballot because he provided inaccurate information on his statement of economic interests.\nThe Election Code requires a political candidate\u2019s petition for nomination to include a statement of economic interests, to be filed with the county clerk, as prescribed by the Illinois Governmental Ethics Act (Ethics Act) (Ill. Rev. Stat. 1989, ch. 127, par. 601\u2014101 et seq.). Failure to file such statement results in the invalidity of the candidate\u2019s nomination papers. (Ill. Rev. Stat. 1989, ch. 46, par. 10\u20145(3).) The Ethics Act states in relevant part: \u25a0\n\u201cAny person required to file a statement of economic interests under this Article who willfully files a false or incomplete statement shall be guilty of a Class A misdemeanor.\nFailure to file a statement within the time prescribed shall result in ineligibility for, or forfeiture of, office or position of employment, as the case may be ***.\u201d (Ill. Rev. Stat. 1989, ch. 127, par. 604A-107.)\nThe starting point in ascertaining legislative intent is in the language of the statute itself. (Serwinski v. Board of Election Commissioners (1987), 156 Ill. App. 3d 257, 259, 509 N.E.2d 509.) The statute, on its face, makes clear that willful misstatements or omissions violate the Act. Further, a complete failure to file the statement makes the candidate ineligible for office. The statute, however, is silent on the question of whether an inadvertent omission on an economic disclosure statement requires ineligibility for, or forfeiture of, office.\nIn Jones v. Municipal Officers Electoral Board (1983), 112 Ill. App. 3d 926, 446 N.E.2d 256, plaintiff filed a statement of economic interests in connection with his candidacy for alderman of Chicago\u2019s third ward. On the statement, however, plaintiff wrote \u201c3rd Ward\u201d next to his name and did not make any other reference to the office which he was seeking. The court said that candidates were required to comply with section 4A\u2014104 of the Ethics Act (Ill. Rev. Stat. 1989, ch. 127, par. 604A\u2014104), which, when read together with section 10\u20145 of the Election Code (Ill. Rev. Stat. 1989, ch. 46, par. 10\u20145(3)), made mandatory the inclusion of the office sought. The designation made by plaintiff did not describe the office of alderman for the third ward, and his name was struck from the ballot. Jones, 112 Ill. App. 3d at 929-30.\nIn Havens v. Miller (1981), 102 Ill. App. 3d 558, 429 N.E.2d 1292, candidates for the board of Homewood-Flossmoor School District 233 filed their statements of economic interests with the secretary of the school board rather than with the county clerk. The candidates also failed to include certain information on the circulator\u2019s affidavit contained in their nominating petitions. The court strictly construed the provisions of the Election Code and held that the candidates violated a mandatory statutory provision. Although these deficiencies appeared to be \u201ctechnical violations,\u201d the reviewing court held that the laws had been designed to protect the integrity of the electoral process rather than a bureaucratic interest. The names of the candidates, therefore, were removed from the ballot. Havens, 102 Ill. App. 3d at 567-69.\nOther cases have also provided instances where candidates were removed from office or struck from the ballot based on omissions, misstatements, or inaccuracies on their statements of economic interests and on other documents in connection with their candidacy. See Bolger v. Electoral Board (1991), 210 Ill. App. 3d 958; Serwinski, 156 Ill. App. 3d 257; Miceli v. Lavelle (1983), 114 Ill. App. 3d 311, 448 N.E.2d 989.\nProvisions imposing disqualification of candidates must be construed strictly in favor of eligibility. (Bryant v. Cook County Electoral Board (1990), 195 Ill. App. 3d 556, 558, 553 N.E.2d 25.) The State, however, has been held to have a compelling interest in preserving the integrity of the electoral process and in regulating the number of candidates on the ballot. Richards v. Lavelle (1980), 620 F.2d 144, 147; Havens, 102 Ill. App. 3d at 571.\nIn this case, it is undisputed that Johnson\u2019s responses to questions seven and eight on his original statement of economic interests were incorrect. Although it may be inferred from the evidence that he did not willfully make the misstatements, the statute provides only that he is not subject to criminal liability in such a case. Johnson, nevertheless, has failed to comply with requirements prescribed by Illinois statute, and his name should not have appeared on the mayoral ballot.\nThe dissent states that \u201cthere is no statutory provision for inadvertent omissions or misstatements.\u201d (Emphasis in original.) (214 Ill. App. 3d at 487.) The Election Code, however, explicitly provides that a candidate\u2019s nomination papers are not valid if he \u201cfails to file a statement of economic interests as required by the Illinois Governmental Ethics Act.\u201d (Ill. Rev. Stat. 1989, ch. 46, par. 10\u20145(3).) The Ethics Act, in turn, requires a verified disclosure statement which is \u201ctrue, correct, and complete.\u201d (Emphasis added.) (Ill. Rev. Stat. 1989, ch. 127, par. 604A\u2014104; see Troutman v. Keys (1987), 156 Ill. App. 3d 247, 252, 509 N.E.2d 453; Havens, 102 Ill. App. 3d at 568.) Although section 4A\u2014107 of the statute provides simply that \u201c[fjailure to file a statement within the time prescribed\u201d (Ill. Rev. Stat. 1989, ch. 127, par. 604A\u2014107) will result in the appropriate sanction, this language implies that the candidate\u2019s statement be free of omissions and misstatements. If this were not the case, disclosure provisions would serve no purpose and the statement of economic interests would be of no use to the public. Further, Johnson\u2019s preelection publicity, campaign literature, and general reputation throughout the community cannot serve as substitutes for truthful and accurate disclosures on the statutorily required statement of economic interests. (See Hoogasian v. Regional Transportation Authority (1974), 58 Ill. 2d 117, 126, 317 N.E.2d 534.) Johnson\u2019s initial filing, therefore, is akin to a failure to file the requisite statement.\nJohnson argues that his misstatement should be ignored because the document \u201cwas prepared in haste and was not thoroughly read.\u201d Were we to accept his argument, we might encourage others in the future to be less than candid in completing the statement. Johnson signed the verification on the statement, attesting that it had \u201cbeen examined by [him] and to the best of [his] knowledge and belief is a true, correct and complete statement of [his] economic interests.\u201d (Ill. Rev. Stat. 1989, ch. 127, par. 604A\u2014104.) That statement is not a mere formality and cannot be treated as such. A candidate\u2019s statement of economic interests is important because \u201c[t]he public has a right to know of any financial dealings, however indirect, between a candidate and the unit of government in which he seeks office [and] *** the Election Code [is] designed to facilitate that right.\u201d (Jones, 112 Ill. App. 3d at 930.) The sanction imposed here is in furtherance of the State\u2019s legitimate interest in protecting the integrity of the electoral process by requiring candidates to comply strictly with the election laws. See Havens, 102 Ill. App. 3d at 571.\nII\nJohnson\u2019s amended statement, which was filed 14 days after the deadline, did not serve to cure the defect in his original filing. The Election Code does not provide for an amended statement of economic interests, and Johnson has provided no authority to support his argument that the amended filing relates back to the date of the original filing. Johnson, in effect, asks this court to hold that a candidate for public office may amend his statement of economic interests and refile after the applicable deadline. Such a ruling, however, would be tantamount to legislation. Although courts ascertain the meaning of and give effect to every valid act of the legislature, they cannot add language, supply omissions, or remedy defects in matters committed to the legislature, however practical, desirable, or beneficial the outcome. (Spinelli v. Immanuel Lutheran Evangelical Congregation, Inc. (1987), 118 Ill. 2d 389, 402, 515 N.E.2d 1222; Alexander v. Human Rights Comm'n (1988), 166 Ill. App. 3d 515, 518, 519 N.E.2d 1092.) The legislature has provided for amended filing of documents even after lapse of the statutory limitations period in situations where it has seen fit to do so. (See, e.g., Ill. Rev. Stat. 1989, ch. 110, par. 2\u2014616 (amended pleadings).) Johnson\u2019s amended statement, therefore, did not satisfy the prevailing statutory filing requirements.\nIII\nPlaintiffs also challenge Johnson\u2019s offer of proof made at the March 15, 1991, hearing. At that hearing, Johnson tendered his answer to plaintiffs\u2019 complaint, and plaintiffs immediately moved for judgment on the pleadings or summary judgment. The court granted plaintiffs\u2019 motion for judgment on the pleadings. Johnson\u2019s attorney thereafter made an offer of proof as to Johnson\u2019s intentions in filling out the statement. Johnson and a City of Harvey commissioner testified. At the close of the evidence, which established that Johnson\u2019s employment with District 510 was known throughout Harvey, the court indicated that the original order favoring plaintiffs was entered, but that the case was taken under advisement with regard to the offer of proof. In the March 19, 1991, order, the court vacated the prior order and granted summary judgment in favor of Johnson.\nA motion for judgment on the pleadings tests the legal sufficiency of the complaint. (Freeport Construction Co. v. Star Forge, Inc. (1978), 61 Ill. App. 3d 999, 378 N.E.2d 558.) An offer of proof in connection with such a motion, therefore, is improper. The pleadings raise only a question of law, and the evidence which Johnson submitted in his offer of proof was improper for a disposition on the pleadings alone.\nJohnson argues that the offer of proof constituted a' motion to vacate judgment pursuant to section 2\u20141203 of the Code of Civil Procedure. (Ill. Rev. Stat. 1989, ch. 110, par. 2\u20141203(a).) No such motion, however, was filed by Johnson.\nBecause Johnson violated a provision of the Election Code, the circuit court erred when it granted summary judgment in his favor. Accordingly, we entered the order in this case which reversed the March 19, 1991, judgment order, voided the Harvey mayoral election, and remanded the matter to the circuit court with instructions to direct the county clerk to order a special election.\nReversed.\nCOCCIA, J., concurs.", "type": "majority", "author": "JUSTICE HARTMAN" }, { "text": "JUSTICE DiVITO,\ndissenting:\nI respectfully dissent. There is no question that the filing of a statement of economic interests is a statutory requirement for candidacy for public office in Illinois. Ill. Rev. Stat. 1989, ch. 46, par. 10\u20145(3).\nWhere the majority and I differ is in interpreting the only statutory provision \u2014 a total of two sentences \u2014 which provides the only sanctions for doing something or doing nothing in connection with statements of economic interests:\n\u201cAny person required to file a statement of economic interests under this Article who willfully files a false or incomplete statement shall be guilty of a Class A misdemeanor.\nFailure to file a statement within the time prescribed shall result in ineligibility for, or forfeiture of, office or position of employment, as the case may be ***.\u201d Ill. Rev. Stat. 1989, ch. 127, par. 604A\u2014107.\nThese provisions plainly provide two sanctions relating to statements of economic interests; one is penal, the other is disqualification from office. The willful filing of a false or incomplete statement subjects a person to a Class A misdemeanor charge; failure to file a statement in a timely fashion results in \u201cineligibility for, or forfeiture of, office.\u201d Period.\nThe majority states that the provision requiring timely filing \u201cimplies that the candidate\u2019s statement be free of omissions and misstatements.\u201d (214 Ill. App. 3d at 484.) On the contrary, not only is that implicit requirement absent, there is no statutory provision for inadvertent omissions or misstatements. The only provision which addresses false or incomplete statements explicitly refers to willful conduct \u2014 and provides a penal sanction for its violation. In ascertaining legislative intent through the language of the statute itself, which, as the majority points out, is the correct starting point, the appropriate conclusion is that the General Assembly intended exactly what it provided: a criminal sanction for a willfully false or incomplete statement and disqualification for no statement or an untimely one.\nIn my opinion, in its holding that a candidate is ineligible for office for filing a statement containing inadvertent errors, the majority disregards clear and unambiguous statutory provisions which leave no room for interpretation. Though the General Assembly and the citizens of this State have a right to expect candidates to file truthful statements of economic interest, the General Assembly has not provided for office ineligibility or forfeiture for omissions or misstatements. If, as the majority states, the sanction imposed \u201cis in furtherance of the State\u2019s legitimate interest in protecting the integrity of the electoral process by requiring candidates to comply strictly with the election laws,\u201d the General Assembly could have specifically provided for it.\nThe majority correctly points out that provisions imposing disqualification of candidates must be construed strictly in favor of eligibility. I suggest that this court should not create a disqualification where the General Assembly has not done so. I would affirm the judgment of the circuit court.", "type": "dissent", "author": "JUSTICE DiVITO," } ], "attorneys": [ "Nathaniel R. Howse, Jr., of Chicago, for appellants.", "Richard E Friedman and Ernesto D. Borges, Jr., both of Chicago, for appellee David N. Johnson.", "James D. Montgomery & Associates, Ltd., of Chicago (Jean M. Temple-ton, of counsel), for appellee Harvey Municipal Officers Electoral Board." ], "corrections": "", "head_matter": "ALVIN D. WELCH et al., Plaintiffs-Appellants, v. DAVID N. JOHNSON et al., Defendants-Appellees.\nFirst District (2nd Division)\nNo. 1\u201491\u20140909\nOpinion filed May 14, 1991.\nDiVITO, J., dissenting.\nNathaniel R. Howse, Jr., of Chicago, for appellants.\nRichard E Friedman and Ernesto D. Borges, Jr., both of Chicago, for appellee David N. Johnson.\nJames D. Montgomery & Associates, Ltd., of Chicago (Jean M. Temple-ton, of counsel), for appellee Harvey Municipal Officers Electoral Board." }, "file_name": "0478-01", "first_page_order": 500, "last_page_order": 509 }