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WISNASKY-BETTORF v. PIERCE

No. 5-10-0265.

934 N.E.2d 623 (2010)

Whitney WISNASKY-BETTORF, Petitioner-Appellant, v. Peggy PIERCE, Objector, St. Clair County Electoral Board, Bob Delaney, Chairman, Robert Haida, Member, and Charles Suarez, Member, Respondents-Appellees.

Appellate Court of Illinois, Fifth District.

Rehearing Denied September 14, 2010.

Attorney(s) appearing for the Case

Brian M. Funk , Attorney at Law, O'Fallon, IL, for Appellant.

Robert J. Sprague , Sprague and Urban, Belleville, IL, Garrett P. Hoerner , Becker, Paulson, Hoerner & Thompson, P.C., Belleville, IL, for Peggy Pierce.

Justice WEXSTTEN delivered the opinion of the court:

This case requires us to construe section 7-61 of the Illinois Election Code (the Code) (10 ILCS 5/7-61 (West Supp.2009)). Specifically, we must determine whether an established political party must file a resolution pursuant to that section in order to fill a vacancy in nomination when no candidate appeared on the primary ballot for that party and no write-in candidate was nominated.

The petitioner, Whitney...

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