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DRUCK v. ILLINOIS STATE BD. OF ELECTIONS

No. 1-08-2440.

899 N.E.2d 437 (2008)

Dan DRUCK, Libertarian Party Candidate for United States Representative in the 14th Congressional District, Petitioner-Appellant, v. ILLINOIS STATE BOARD OF ELECTIONS, State Officers Electoral Board, and Albert Porter, Bryan Schneider, Patrick A. Brady, John R. Keith, Jessie Smart, Wanda Rednour, William M. McGuffage and Robert J. Walters, in their official capacities as members of the duly Constituted State Officers Electoral Board, and Brett Haase, the Objector, Respondents-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

November 26, 2008.

Attorney(s) appearing for the Case

Andrew B. Spiegel, Lemont, IL, for Petitioner-Appellant.

Ancel, Glink, Diamond, Bush, DiCanni & Krafthefer, P.C., Chicago, IL, Jeffrey R. Jurgens, Keri-Lyn Krafthefer, of counsel, Lisa Madigan, Attorney General, Chicago, IL, James Lang, of counsel, for Respondents-Appellees.

Justice NEVILLE delivered the opinion of the court:

Dan Druck, the candidate, filed nomination papers to have his name placed on the ballot for the November 4, 2008, general election in the 14th Congressional District. Brett Hasse, the objector, filed objections that challenged Druck's nomination papers. The Illinois State Board of Elections (SBOE), sitting as the State Officers Electoral Board (SOEB) (1) found that it lacked the authority to address the constitutional...

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