In November 2024, a candidate for the position of School
Board Member (Candidate) filed a statement of candidacy which affirmed that her
residence was within the School District. A resident of the School District
(Objector) objected to the Candidate’s nominating papers, alleging that her
address was incorrect and that she resided outside of the District, making her
ineligible for a School Board Member position.

The Objector requested that the Electoral Board find that the Candidate was ineligible to appear on
the April 2025 ballot. At the Electoral Board hearing, the Candidate moved to dismiss the
objection claiming the objection failed to state an “interest” as required by the relevant
statute. In response, the Objector argued that being a resident of the School
District was enough of an interest to satisfy the requirement. Because the
statute required a statement of interest, and the objection failed
to state an interest, the Electoral Board granted the Candidate’s motion, dismissing the
objection.

The Objector appealed the Board’s decision, arguing that the objection included the Objector’s status as a resident of the School District, so no further information was
required. The trial court ruled in favor of the Candidate, finding it did
not have jurisdiction over the case because the Objector failed to send
certified copies of the petition to the parties as required by statute.
The trial court also addressed the merits of the
appeal, affirming the Electoral Board’s decision dismissing the objection as not “clearly erroneous.”

The Objector appealed that decision, and the Appellate Court
also held that the court had no jurisdiction over the appeal because the Objector failed to comply with the service requirements of state law.
Although the Objector stated in the petition for review that he served the
parties by registered or certified mail, the evidence showed he only sent it by
regular mail, which was not sufficient under the statute. As a result, the Appellate Court affirmed
the trial court’s dismissal for lack of jurisdiction, vacated the portion of
the opinion that addressed the merits of the appeal, and affirmed the Electoral
Board’s decision dismissing the objection. Mosley v. Holbrook, 2025 IL App (5th) 250096-U

Post Authored by Rachel Defries & Julie Tappendorf, Ancel Glink