Robert v. Conti (132 Ill. App. 2d 505, 1971)

Mr. JUSTICE LORENZ

delivered the opinion of the court:

Plaintiffs brought this action for a writ of mandamus on March 12, 1969, to compel defendants to place the names of certain candidates, allegedly the nominees of the “Village Choice Party,” upon the ballot for the election held on April 15 in the Village of Elmwood Park. On March 26 argument was heard on the pleadings, defendant Conti was dismissed on motion of plaintiff and the writ of mandamus was issued commanding defendant Nestman as Village Clerk to place the Village Choice Party candidates upon the ballot. Defendants promptly thereafter filed notice of appeal.

Plaintiffs’ complaint stated that on February 10, 1969, petitions establishing the formation of a new political party, the Village Choice Party, were filed with defendant Nestman, the Village Clerk, by plaintiffs Robert Reynolds, Dorothea R. Kasputis and Robert Lodestro, together with two other individuals, Joseph Briglio and Barton Trager. At the same time petitions were filed nominating the named five persons for village offices in the election of April 15. Subsequently, objections were filed against Joseph Briglio and Barton Trager, two of the party’s candidates for village trustee and on February 15 those two candidates caused their names to be withdrawn. The complaint further recited that on February 22 the party, pursuant to a notice published in the Chicago Tribune, a daily newspaper with general circulation, held a convention. Plaintiffs Franklin Hines and Michael Connolly were nominated to fill the vacancies created by the withdrawal of Briglio and Trager. Certificates of nomination were accordingly signed by Samuel Villano as “Chairman of the Convention” and Leonard Lodestro as “Secretary of the Convention” and presented by the party to the Village Clerk on February 26. On March 3, 1969, defendant Nestman in his capacity as Village Clerk notified plaintiffs that he had reached the decision that the requirements of Chapter 46, Article 10 of the Illinois Revised Statutes had not been met and that the Village Choice Party candidates would therefore not be placed on the ballot.

The complaint asserted that defendants, both of whom sought offices for which the Village Choice Party presented candidates, had acted con-

trary to ch. 46 sec. 10 — 9.4 and 10 — 9.5.d. Ill. Rev. Stat. (1967). Section 10 — 9.4 states:

“The municipal officers electoral board to hear and pass upon objections to the nominations of candidates for officers of cities, villages and incorporated towns shall be composed of the mayor or president of the board of trustees of the city, village or incorporated town, and the city, village or incorporated town clerk, and one member of the city council or board of trustees, that member being designated who has served the greatest number of years as member of the city council or board of trustees, of whom the mayor or president of the board of trustees shall be the chairman.

Section 10 — 9.5.d. states:

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