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MARQUEZ v. AURORA BD. OF ELECTION COM'RS

No. 2-05-0347.

828 N.E.2d 877 (2005)

357 Ill. App.3d 187

293 Ill.Dec. 567

David MARQUEZ, Plaintiff-Appellant, v. The AURORA BOARD OF ELECTION COMMISSIONERS and Juany Garza, Defendants-Appellees.

Appellate Court of Illinois, Second District.

May 12, 2005.

Attorney(s) appearing for the Case

Patrick M. Kinnally, Matthew J. Herman, Kinnally, Krentz, Loran, Hodge & Herman, P.C., Aurora, for David Marquez.

Peter K. Wilson Jr., Mickey, Wilson, Weiler, Renzi & Andersson, P.C., Aurora, for Aurora Election Commission.

Victor P. Armendariz, Cynthia M. Stenner, Law Office of Victor P. Armendariz, Maywood, for Juany Garza.

Justice KAPALA delivered the opinion of the court:

Plaintiff, David Marquez, appeals from a decision of the circuit court of Kane County denying his petition for a writ of mandamus, which sought an order directing defendant, the Aurora Board of Election Commissioners (Board), to count the write-in votes cast for Marquez as second ward alderman for the City of Aurora at the April 5, 2005, election and to declare him the winner if his votes exceed those cast...

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