{ "id": 847541, "name": "DAVID M. EL-ABOUDI, Plaintiff-Appellee, v. BOBBY THOMPSON et al., as the ex officio North Chicago Municipal Officers Electoral Board, Defendants-Appellants (Walter Thomas et al., Defendants)", "name_abbreviation": "El-Aboudi v. Thompson", "decision_date": "1997-12-02", "docket_number": "No. 2\u201497\u20140115", "first_page": "191", "last_page": "194", "citations": [ { "type": "official", "cite": "293 Ill. App. 3d 191" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "35 Ill. App. 3d 532", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5304078 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/ill-app-3d/35/0532-01" ] }, { "cite": "274 Ill. App. 3d 388", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 291647 ], "year": 1995, "opinion_index": 0, "case_paths": [ "/ill-app-3d/274/0388-01" ] }, { "cite": "277 Ill. App. 3d 388", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1172407 ], "year": 1995, "opinion_index": 0, "case_paths": [ "/ill-app-3d/277/0388-01" ] }, { "cite": "79 Ill. 2d 469", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3069499 ], "year": 1980, "pin_cites": [ { "page": "470", "parenthetical": "provision of section 7 - 10 requiring circulator to personally appear before notary public is mandatory" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/79/0469-01" ] }, { "cite": "142 Ill. App. 3d 1077", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3449378 ], "weight": 3, "year": 1986, "pin_cites": [ { "page": "1080" }, { "page": "1080" }, { "page": "1079", "parenthetical": "section 7 - 10 mandates that nominating petitions be circulated no more than 90 days prior to the deadline for filing and that a registered voter must certify the validity of signatures on each nominating petition" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/142/1077-01" ] }, { "cite": "190 Ill. App. 3d 557", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2519736 ], "weight": 7, "year": 1989, "pin_cites": [ { "page": "560" }, { "page": "560" }, { "page": "560" }, { "page": "561" }, { "page": "561" }, { "page": "562" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/190/0557-01" ] }, { "cite": "63 Ill. 2d 128", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5426498 ], "year": 1976, "pin_cites": [ { "page": "133" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/63/0128-01" ] }, { "cite": "265 Ill. App. 3d 69", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 872508 ], "year": 1994, "pin_cites": [ { "page": "71-72" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/265/0069-01" ] }, { "cite": "289 Ill. App. 3d 830", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 351107 ], "year": 1997, "pin_cites": [ { "page": "832" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/289/0830-01" ] } ], "analysis": { "cardinality": 476, "char_count": 7824, "ocr_confidence": 0.71, "pagerank": { "raw": 1.3720000706309706e-07, "percentile": 0.6384766061650698 }, "sha256": "ee1d28a065c9f611d2a34738d367b61696850913cfe2a25a7dadc75e92186d11", "simhash": "1:7bbf05562b0176c4", "word_count": 1263 }, "last_updated": "2023-07-14T15:37:50.535591+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "DAVID M. EL-ABOUDI, Plaintiff-Appellee, v. BOBBY THOMPSON et al., as the ex officio North Chicago Municipal Officers Electoral Board, Defendants-Appellants (Walter Thomas et al., Defendants)." ], "opinions": [ { "text": "JUSTICE INGLIS\ndelivered the opinion of the court:\nDefendants Bobby Thompson, Catherine Collins, and Robert Sandahl, as the ex officio North Chicago Municipal Officers Electoral Board (board), appeal the decision of the circuit court of Lake County reversing the board\u2019s decision to remove the name of plaintiff, David M. El-Aboudi, from the ballot for the Democratic primary election on February 25, 1997. The board argued that section 7 \u2014 10 of the Election Code (10 ILCS 5/7 \u2014 10 (West 1996)) mandated that, in order to place a nominee on the primary ballot, the candidate must submit a numbered petition. The board removed plaintiffs name from the ballot because he failed to number any of the pages of his nominating petition. The trial court held that section 7 \u2014 10 merely directed, not mandated, the applicant to number the pages and ordered that plaintiffs name be placed on the ballot for the February 25, 1997, primary election.\nThe single issue presented by this appeal is whether the provision of section 7 \u2014 10 regarding page numbering is mandatory, justifying invalidation of plaintiffs appeal.\nBefore reaching the merits, we must address whether this appeal is moot as the February 25, 1997, primary has passed. Technically, because the election has passed, our decision would not affect plaintiffs rights, and, therefore, the question is moot. Despite this, we choose to consider the merits of this appeal. This matter clearly falls under the public interest exception to the mootness doctrine, in that it presents an important public issue evasive of review and capable of repetition, which requires authoritative guidance because of the disparate resolutions by electoral boards of similar issues. Anderson v. McHenry Township, 289 Ill. App. 3d 830, 832 (1997); Reyes v. Bloomingdale Township Electoral Board, 265 Ill. App. 3d 69, 71-72 (1994). We also note that plaintiff never filed an appellee\u2019s brief. However, the record is simple and the claimed error is such that we can easily decide it without the aid of his brief. See First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133 (1976).\nTurning to the merits of this appeal, we hold that the principles of statutory construction compel the conclusion that the provision of section 7 \u2014 10 regarding page numbering is mandatory. Section 7 \u2014 10 provides, in relevant part:\n\"The name of no candidate for nomination *** shall be printed upon the primary ballot unless a petition for nomination has been filed in his behalf as provided in this Article in substantially the following form:\nj$: ifr\nSuch sheets before being filed shall be neatly fastened together in book form, by placing the sheets in a pile and fastening them together at one edge in a secure and suitable manner, and the sheets shall then be numbered consecutively.\u201d 10 ILCS 5/7 \u2014 10 (West 1996).\nWhen a statute specifies what result will follow if its terms are not complied with, then the statute is deemed mandatory. Jones v. Bodendorf, 190 Ill. App. 3d 557, 560 (1989); Simmons v. DuBose, 142 Ill. App. 3d 1077, 1080 (1986). Section 7 \u2014 10 provides that, if a candidate fulfills the enumerations set forth, then his name will be included on the ballot. Conversely, the failure to fulfill one of those conditions precedent results in the candidate\u2019s exclusion from the ballot. This condition precedent is, in effect, a penalty for noncompliance, thereby mandating that the terms of the statute be complied with. Moreover, the provision uses the word \"shall,\u201d which evidences the legislature\u2019s mandatory intent. Jones, 190 Ill. App. 3d at 560; Simmons, 142 Ill. App. 3d at 1080. Cf. Bowe v. Chicago Electoral Board, 79 Ill. 2d 469, 470 (1980) (provision of section 7 \u2014 10 requiring circulator to personally appear before notary public is mandatory); Simmons, 142 Ill. App. 3d at 1079 (section 7 \u2014 10 mandates that nominating petitions be circulated no more than 90 days prior to the deadline for filing and that a registered voter must certify the validity of signatures on each nominating petition). Accordingly, we find the requirement of section 7 \u2014 10 regarding consecutive page numbering to be mandatory.\nWe also find support in our conclusion from those cases which have held the page numbering provision under section 10 \u2014 4 of the Election Code (10 ILCS 5/10 \u2014 4 (West 1996)) to be mandatory. See King v. Justice Party, 284 III. App. 3d 886 (1996); Hagen v. Stone, 277 Ill. App. 3d 388 (1995); Wollan v. Jacoby, 274 Ill. App. 3d 388 (1995); Jones, 190 Ill. App. 3d 557. We see little difference between section 10 \u2014 4 of the Election Code, which provides that \"[n]o signature shall be valid or be counted in considering the validity or sufficiency of such petition unless the requirements of this Section are complied with\u201d (10 ILCS 5/10 \u2014 4 (West 1996)), and the provision in section 7 \u2014 10 requiring that no candidate\u2019s name shall be printed unless the specific enumerated requirements are satisfied (10 ILCS 5/7 \u2014 10 (West 1996)). Both sections equally invalidate the petition if the requirements of the statute are not complied with.\nPlaintiff argued below that he substantially complied with the provision because he had enough signatures on each submitted page to fulfill the requirement. We disagree.\nThe candidates in Jones failed to number consecutively any of their nominating petitions as required by section 10 \u2014 4. We held that, based on statutory rules of construction, the provision requiring consecutive numbering of nominating petitions was mandatory. Jones, 190 Ill. App. 3d at 560. In rejecting the argument that compliance with the section as a whole is sufficient, we found that in those cases where the candidate substantially complied with the numbering provision there was at least some type of compliance with that specific provision. Jones, 190 Ill. App. 3d at 561. Accordingly, we held that a candidate does not substantially comply with the requirements where he completely ignores one of the statutory elements. Jones, 190 Ill. App. 3d at 561. We further found that numbering the pages of the submitted petition requires substantial compliance to prevent tampering, which preserves not only the integrity of the petitions submitted, but also the election process in general. Jones, 190 Ill. App. 3d at 562.\nThe reasoning and underlying rationale of Jones are equally applicable to the present case. Unlike the situation in Williams v. Butler, 35 Ill. App. 3d 532 (1976), where the pages of the candidate\u2019s petition were numbered 1 through 323, but page 191 was missing, or King, where only pages 1791 and 1792 of 4427 rendered the numbering nonconsecutive, in the present case, all of the pages of the submitted petition were unnumbered. As in Jones, there is no way to ascertain effectively whether additional pages were later inserted. To allow a candidate to separate his petition into several petitions after it has been submitted would not only disregard the requirements of the Election Code, but also would corrupt the electoral process. Where plaintiff made no attempt to comply substantially with the numbering requirement, the failure to do so, as mandated, requires invalidation of his nominating petition.\nFor the foregoing reasons, we reverse the order of the circuit court of Lake County.\nReversed.\nMcLAREN and DOYLE, JJ., concur.", "type": "majority", "author": "JUSTICE INGLIS" } ], "attorneys": [ "Lawrence R. LaLuzerne, Suzanne A. Lindsay, and Charles W. Smith, all of Rosing, Smith, Ericksen, Zeit & Stanczak, Ltd., of Waukegan, for appellants.", "Ronald E. Griesheimer, of Griesheimer & Martin, of Waukegan, for appellee." ], "corrections": "", "head_matter": "DAVID M. EL-ABOUDI, Plaintiff-Appellee, v. BOBBY THOMPSON et al., as the ex officio North Chicago Municipal Officers Electoral Board, Defendants-Appellants (Walter Thomas et al., Defendants).\nSecond District\nNo. 2\u201497\u20140115\nOpinion filed December 2, 1997.\nLawrence R. LaLuzerne, Suzanne A. Lindsay, and Charles W. Smith, all of Rosing, Smith, Ericksen, Zeit & Stanczak, Ltd., of Waukegan, for appellants.\nRonald E. Griesheimer, of Griesheimer & Martin, of Waukegan, for appellee." }, "file_name": "0191-01", "first_page_order": 211, "last_page_order": 214 }