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O'BRIEN v. WHITE

No. 102077.

846 N.E.2d 116 (2006)

219 Ill.2d 86

301 Ill.Dec. 154

Joan Margaret O'BRIEN et al., Appellees, v. Jesse WHITE, Secretary of State of Illinois, et al., Appellants.

Supreme Court of Illinois.

March 6, 2006.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, and Brett E. Legner, Assistant Attorney General, Chicago, of counsel), for appellants.

Richard A. Devine, State's Attorney (Patrick T. Driscoll, Jr., Donna M. Lach and Elizabeth E. Howlett, Assistant State's Attorneys, of counsel), and James M. Scanlon, Chicago, for appellants Cook County Clerk and The Chicago Board of Elections Commissioners.

Mathias W. Delort and Aaron G. Allen, of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., and William J. Harte and Joan M. Mannix, Chicago, and Burton S. Odelson, of Odelson & Sterk, Ltd., Evergreen Park, for appellees.

OPINION

Chief Justice THOMAS delivered the judgment of the court, with opinion:

At issue is the constitutionality of section 7A-1 of the Election Code (10 ILCS 5/7A-1 (West 2004)), which sets a deadline by which an elected judge who wishes to be retained in office must file a declaration of candidacy to succeed himself or herself.

BACKGROUND

Plaintiff Joan Margaret O'Brien was elected judge of the circuit court of Cook County in November...

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