From Chicago Sun-Times · · 2m
Judge dismisses lawsuit forcing mayoral candidates to choose
Judge rejects Quinlan's bid to force three Chicago mayoral challengers to pick between re-election or mayoral bids.
In brief
Judge rejects Quinlan's bid to force three Chicago mayoral challengers to pick between re-election or mayoral bids. Circuit Court Judge Eve Reilly dismissed William J. Quinlan's lawsuit seeking to compel Illinois Secretary of State Alexi Giannoulias, U.S. Rep. Mike Quigley and Cook County Treasurer Maria Pappas to…
Quinlan files lawsuit
Mayoral challenger William J. Quinlan filed a lawsuit to force three mayoral challengers to choose between re-election or filing mayoral nomination petitions.
“Mayoral challenger William J. Quinlan filed the lawsuit last month in an attempt to force all three mayoral challengers to make a choice: either seek reelection to their current offices or file nomination petitions for mayor”
Judge dismisses suit
Circuit Court Judge Eve Reilly dismissed Quinlan's lawsuit as premature because the nominating petition deadline does not begin until Monday.
“She said the lawsuit was premature, since the week-long period for filing nominating petitions for mayor does not begin until Monday”
Quinlan's defense
Quinlan argued the lawsuit was not a publicity stunt and that a declaratory judgment was needed to avoid a draconian impact on voters.
“Quinlan denied the lawsuit is a publicity stunt aimed at raising his political profile”
Quinlan's legal reasoning
Quinlan compared the lawsuit to an anticipatory breach of contract, saying the challengers could not commit to running without knowing their intentions.
“It’s like an anticipatory breach of contract. [It’s like saying], `We agree we’re going to do this, so tell us if that’s okay’”
Challengers' uncertainty
Attorneys for Giannoulias and Quigley told the court they were unsure whether they would run for mayor, despite opening campaign offices.
“They went into court and said, `We’re not sure we’re running.' And they say that in the pleadings, too. We don’t know. Anything can happen. We’re not sure we’re gonna run'”
Current election rules
Chicago mayoral candidates must file nominating petitions by October 26, eight days before the November 3 election.
“Mayoral candidates now must file their nominating petitions by Oct. 26. That’s eight days before the Nov. 3 election”
Quinlan's concern
Quinlan warned that waiting until after the ballot is printed would invalidate votes for Giannoulias and Quigley.
“It would be draconian if we wait until after the ballot [is printed], any vote for Giannoulias and Quigley would be invalidated”
Quinlan's reaction
Quinlan said he was more shocked by the challengers' uncertainty than the judge's decision to dismiss the lawsuit.
“Quinlan said he’s `more shocked' by what attorneys for Giannoulias and Quigley said in court than he is about the judge’s decision”
Historical context
Chicago has a history of politicians running for two offices without being forced to choose, though the election calendar was recently changed.
“Chicago has a long history of politicians who have run for two offices at once without being forced to choose between the two”
Legal impact
The lawsuit aims to prevent candidates from filing for incompatible offices in the same period, potentially affecting voter choices.
“If they’re running, then it applies to them. If they are not running, then it does not”
Next steps
Quinlan plans to appeal the ruling, arguing the declaratory judgment is necessary to avoid voter disenfranchisement.
“He argued that it is not too soon to issue a declaratory judgment, which is why he intends to appeal the ruling”
The essence
Circuit Court Judge Eve Reilly dismissed William J. Quinlan's lawsuit seeking to compel Illinois Secretary of State Alexi Giannoulias, U.S. Rep. Mike Quigley and Cook County Treasurer Maria Pappas to choose between re-election or mayoral bids.
