Court Upholds Electoral Board Decision Rejecting Objection to Referendum Petition and more...

Court Upholds Electoral Board Decision Rejecting Objection to Referendum Petition

An Illinois Appellate Court upheld a decision by a municipal electoral board that denied an objection to a petition for a referendum question in Peres v. Municipal Officers Electoral Board.

Village residents circulated a petition to submit a referendum question to village voters on the November 3rd ballot that stated the following: "Should the State of Illinois repeal laws that ban state investment in businesses that boycott the State of Israel?” The petition included 3,504 signatures, and on each page of the petition, the circulator certified that the signers were qualified electors and registered village voters. An objection was filed to the petition to challenge its validity and seeking to have the question not appear on the ballot. The objectors argued that the petition was invalid because it did not specifically attest that the signatures were "genuine." The village's electoral board held a hearing on the objection and voted to reject the objection, finding that the petition substantially complied with the requirements of the Election Code. The circuit court upheld the electoral board's decision, and the objectors appealed to the Appellate Court.

The Appellate Court agreed with the electoral board that the petition substantially complied with the Election Code. The Court held that the omission of a statement that the signatures "are genuine" was a technical violation of the Election Code but not one that would "impair election integrity," particularly where the objectors provided no evidence that any of the 3,504 signatures were inauthentic and there was other language in the petition that demonstrated substantial compliance with the Election Code. As a result, the Court found the referendum petition to be valid.

Lawsuit Against Village Relating to Property Development Was Properly Dismissed

A property owner reached out to village officials about the procedures for building a structure on property in the village. He claims that a village trustee told him that he couldn't find any regulations that would deny or allow the project, and that he shouldn't worry about permits because the village wasn't issuing them and there was no current village employee to conduct inspections. Based on these conversations, the owner claimed the village approved his project and he began building the structure. He spent approximately $110,000 on materials and labor before he received a cease and desist letter from the village president. He was also served with a notice of fines owed to the village in the amount of $10,200 for violating the village's zoning ordinance. The owner filed a lawsuit against the village, arguing that the village was "equitably estopped" from enforcing its zoning ordinance based on the village trustee's assurances to him that the project could proceed (Count 1), and seeking money damages for the work he performed on the structure (Count 2). The circuit court dismissed the case, finding that the village had immunity from the claims in the lawsuit. He appealed.

The Appellate Court upheld the dismissal of the lawsuit against the village, although on different grounds. First, the Court held that the Tort Immunity Act did not apply to Count 1 requesting injunctive relief based on an "equitable estoppel" argument and only applied to Count 2 requesting money damages. However, the Court determined that Count 1 was, nevertheless, properly dismissed because the complaint did not include any allegations that the village trustee who communicated with the owner had express authority to act on behalf of the village, a required element for an equitable estoppel claim. As a result, the lawsuit was properly dismissed. Baum v. Village of Viola.

Court Upholds Termination of Hospital Pharmacist Who Refused Vaccine

The Ninth Circuit Court of Appeals upheld a county's termination of a county employee after she refused to obtain a COVID-19 vaccine as required by the county's pandemic policy in Mason v. Cook County.

In August of 2021, the county adopted a policy mandating that county hospital staff members receive the COVID-19 vaccine. A hospital pharmacist applied for an exemption from the vaccine mandate based on her Christian faith. The county denied her request, stating that doing so would compromise workplace safety and pose an undue hardship on the county. The county gave her 90 days to comply. When she refused to do so, she was fired, and she filed a lawsuit against the county claiming that the county violated her civil rights in not accommodating her religious beliefs. The district court ruled in favor of the county, finding that allowing the employee to work unvaccinated during a public health crisis would have jeopardized the health of county staff and patients, causing undue hardship on the county.

On appeal, the Ninth Circuit agreed that the county had sufficiently shown an undue hardship that justified denial of the religious accommodation. The Court noted that the employee worked as a pharmacist in a hospital setting and worked in the same room with other pharmacist, and regularly interacted with patients where the risks and consequences of spreading the COVID-19 virus were high, and that masking and social distancing alone did not adequately reduce those risks.

PAC Says Incident Reports Should Have Been Released

The Public Access Counselor of the Illinois Attorney General's office (PAC) issued its 11th binding opinion for 2026 finding a public body in violation of FOIA when it denied a request for jail incident reports where those records could have been redacted and released. PAC Op. 26-011.

A reporter submitted a FOIA request to a sheriff's office seeking incident reports at a county jail relating to the use of restraint chairs. The sheriff's office denied the request in its entirety, citing to the personal privacy and private information exemptions of FOIA. The reporter filed an appeal with the PAC arguing that the sheriff's office had previously provided the same types of records with identifying information of the detainees redacted and that the sheriff's office should have released redacted records in response to this request.

The PAC analyzed the "invasion of personal privacy" claim of the sheriff's office based on the following four factors:

(l) the requester's interest in disclosure,
(2) the public interest in disclosure,
(3) the degree of invasion of personal privacy, and
(4) the availability of alternative means of obtaining the requested information.

The PAC applied the four factors and determined that the public's and requester's interest in the disclosure of records that shed light on law enforcement officials performing their official duties outweighed any privacy interests since the names of the detainees could have been redacted to protect the detainees' identities before the records were released. As a result, the PAC determined that the records should have been released with all identifying information of the detainees redacted.

Quorum Forum Podcast Ep. 110: Statement of Economic Interests

Ancel Glink released Quorum Forum Podcast Episode 110: Statement of Economic Interests.

Back by listener request, the podcast is taking a brief recess to revisit one of its classic episodes on Statements of Economic Interests (SOEI) for local government officials and candidates. Ancel Glink’s Daniel J. Bolin and Keri-Lyn J. Krafthefer break down the Illinois Governmental Ethics Act reporting questions, clear up common misconceptions about disclosable assets and debts, and offer practical guidance for local officials and employees.

Candidates running in the 2027 consolidated elections must file an SOEI and submit their receipt alongside nomination papers during the candidate petition filing period. While incumbent officials may have filed an annual statement earlier this year in relation to their current office, many choose or are advised to file an additional statement explicitly in relation to their candidacy.

Inflation-Adjusted Thresholds: On this year’s form, disclosable dollar thresholds have been updated for Question 1 (Single Assets: $11,600), Question 2 (Outside Income/Capital Gains; $8,700), Question 3 (Single Non-Public Debts: $11,600), and Question 6 (Gifts/Honoraria : $600).

Episode Breakdown:

Who Must File: Understanding filing obligations for elected/appointed local officials versus designated public employees and candidates.

Question 1 (Assets): Distinguishing disclosable single assets (stocks, bonds, investment real estate) from explicitly excluded personal items like primary residences, personal vehicles, savings/checking accounts, retirement funds, and pensions.

Question 2 (Income; Capital Gains): How to simplify your disclosure by relying directly on your federal income tax return (W-2s, 1099s, capital gains) while excluding compensation from your filing position.

Question 3 (Debts): How standard consumer debts (mortgages, credit cards, auto loans from financial institutions) are excluded from reporting.

Question 4 (Government Employment; Contracts): Disclosing other units of government where you or your spouse serve as an employee, officeholder, or contractor.

Question 5 (Lobbyist Relationships): Identifying disclosable business relationships or family members known to be registered lobbyists.

Question 6 (Gifts; Honoraria): Reporting disclosable sources of gifts or honoraria.

Question 7 (Public Utilities): Disclosing family members employed by non-governmental public utilities.

Practical Tips: Safe harbor protections for good-faith filings, relying on Illinois Secretary of State guidance, and handling county clerk online portals

Resources: Secretary of State Guidance

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