REFERENDA - ILLINOIS

Johnson v. Ames

Supreme Court of Illinois - December 30, 2016 - N.E.3d - 2016 IL 121563 - 2016 WL 7480391

Proponent of referendum regarding term-limits for village president sought judicial review of the decision by village’s electoral board that the referendum was vague and ambiguous.

The Circuit Court reversed the decision of electoral board and ordered that the referendum question appear on the ballot. Objector’s motion for an expedited appeal was granted. The Appellate Court affirmed. Objector petitioned for leave to appeal, which was denied, and the Appellate Court filed a certificate of importance.

The Supreme Court of Illinois held that the referendum was not vague or ambiguous.

Referendum that asked voters whether persons elected village president on specific election date or after should be subjected to term limits was not vague or ambiguous, and thus was not defective, despite contentions that referendum was ambiguous as to when prior service must have started to trigger ineligibility to serve as president. Even though referendum did not provide express date marking relevant timeframe for prior terms of office, when read in its entirety, referendum explained that initial starting point for determining whether candidates were “previously elected” village president was specific election date.



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