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DU PAGE COUNTY ELECTION COMM. v. STATE BD. OF ELECTIONS

No. 2-02-1163.

800 N.E.2d 1278 (2003)

345 Ill. App.3d 200

279 Ill.Dec. 695

The DU PAGE COUNTY ELECTION COMMISSION, Plaintiff-Appellee, v. The STATE BOARD OF ELECTIONS, and in their official capacity as board members only, Elaine Roupas, William M. McGuffage, David Murray, Phillip O'Connor, Wanda Radnour, John Keith, Jesse Smart, and Albert Porter, Defendants-Appellants.

Appellate Court of Illinois, Second District.

Rehearing Denied January 9, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Mary E. Welsh, Carl J. Elitz, Assistant Attorneys General, Chicago, for John Keith, William M. McGuffage, David Murray, Phillip O'Connor, Albert Porter, Wanda Radnour, Elaine Roupas, Jesse Smart, State Board of Elections.

Evelyn R. Pacino, Mary E. Dickson, Patrick K. Bond, Bond, Dickson & Associates, P.C., Wheaton, for Du Page County Election Commission.

Justice KAPALA delivered the opinion of the court:

Defendants, the State Board of Elections (the Board) and its members in their official capacity, appeal from the order of the circuit court granting declaratory judgment in favor of plaintiff, the Du Page County Election Commission. We reverse.

I. BACKGROUND

On January 17, 2002, defendants, in accordance with section 7-14 of the Illinois Election Code (Election Code) (10 ILCS 5/7-14 (West 2002))...

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