Supreme Court Summaries

Opinions filed March 20, 2008

No. 104471     Cinkus v. Village of Stickney Municipal Officers Electoral Board

      Appellate citation: 373 Ill. App. 3d 866.

      JUSTICE FREEMAN delivered the judgment of the court, with opinion.

      Chief Justice Thomas and Justices Fitzgerald, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

      John Cinkus filed nomination papers to stand for election for the office of Stickney village trustee in the April 17, 2007, election. He did this on the last day possible. At that time, he had not paid a $100 village fine arising from a citation for disorderly conduct. The unpaid fine was the basis for an objection to his candidacy, which the electoral board subsequently allowed, barring him from the ballot. The circuit court of Cook County set aside the board’s decision, but the appellate court confirmed it.

      The Municipal Code provides that a person “is not eligible” for an elective municipal office if he owes a debt to that municipality. Cinkus argued that this provision does not bar a municipal debtor from running for office, only from holding it. However, there is a provision of the Election Code stating that a candidate must be eligible for the office sought at the time he files his nomination papers for it.

      Although the election in question has come and gone, the Illinois Supreme Court addressed this question under the public interest exception to the mootness doctrine. Construing these statutes together, the court rejected Cinkus’ interpretation, ruling that they prevented Cinkus from being a candidate.