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SKOIEN v. STATE BD. OF ELECTIONS

Nos. 1-05-3407 to 1-05-3416.

920 N.E.2d 1220 (2009)

COOK COUNTY REPUBLICAN PARTY, by Gary J. SKOIEN, Chairman, Petitioner-Appellant, v. The STATE BOARD OF ELECTIONS and 4th Ward Democratic Organization, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 5th Ward Regular Democratic Organization; and Leslie A. Hairston, Chairman and Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and 7th Ward Democratic Organization, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and Anthony Beale, 9th Ward Democratic Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and Theodore Thomas, 15th Ward Democratic Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections and Ed H. Smith, 28th Ward Democratic Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 31st Ward Democratic Campaign Fund; and Joseph Berrios, Chairman and Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 39th Ward Regular Democratic Organization; James D'Amico, Chairman; and Randy Barnette, Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; 40th Ward Regular Democratic Organization and Patrick J. O'Connor, Chairman and Committeeman, Respondents-Appellees. Cook County Republican Party, by Gary J. Skoien, Chairman, Petitioner-Appellant, v. The State Board of Elections; Democratic Party of the 49th Ward; and David Fagus, Chairman and Committeeman, Respondents-Appellees.

Appellate Court of Illinois, First District.

December 18, 2009.

Attorney(s) appearing for the Case

Stephen F. Boulton, General Counsel, Cook County Republican Party, of Chicago, IL, for Appellant.

Lisa Madigan, Attorney General, State of Illinois, Gary Feinerman, Solicitor General, and Timothy K. McPike, Assistant Attorney General, of Chicago, IL, for Appellee, The State Board of Elections.

Mathias W. Delort and Aaron G. Allen, of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., of Chicago, IL, for Appellees, 4th Ward Democratic Organization, 5th Ward Democratic Organization, Leslie A. Hairston, Chairman and Committeeman, 40th Ward Regular Democratic Organization, Patrick J. O'Connor, Chairman and Committeeman, Democratic Party of the 49th Ward, and David Fagus, Chairman and Committeeman.

Burton S. Odelson of Odelson & Sterk, Ltd., of Evergreen Park, IL, for Appellees, 7th Ward Democratic Organization, Anthony Beale, 9th Ward Democratic Committeeman, and Ed H. Smith, 28th Ward Democratic Committeeman.

Michael E. Lavelle, of Lavelle & Motta, Ltd., of Chicago, IL, for Appellee, Theodore Thomas, 15th Ward Democratic Committeeman.

Thomas A. Jaconetty, of Chicago, IL, and James P. Nally, of James P. Nally, PC, of Chicago, IL, for Appellees, 31st Ward Democratic Campaign Fund, Joseph Berrios, Chairman and Committeeman, 39th Ward Regular Democratic Organization, James D'Amico, Chairman, and Randy Barnette, Committeeman.

Presiding Justice CAHILL delivered the opinion of the court:

This appeal is before us again to consider whether the Illinois State Board of Elections (Board) erred by dismissing, under section 9-21 of the Illinois Election Code (10 ILCS 5/9-21 (West 2004)), eight complaints filed by the Cook County Republican Party (Party) against the Chicago Democratic ward organizations, ward chairmen and ward committeemen named in this appeal (collectively, respondents). See

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