King v. The Illinois State Board of Elections

Summary

The Illinois Appellate Court, First District, affirmed the dismissal of Kelly King’s petition for judicial review of an Illinois State Board of Elections decision certifying Christian Maxwell as a candidate. The court held that King failed to strictly comply with the Election Code’s jurisdictional proof-of-service requirement because her certificates did not substantially comply with Illinois Supreme Court Rule 12(b)(5) and section 1-109 of the Code of Civil Procedure. The court therefore concluded that the circuit court lacked subject matter jurisdiction.

Holdings

1. King's certificates of service did not substantially comply with Rule 12(b)(5) because they lacked a certification under section 1-109 of the Code of Civil Procedure and did not certify that the statements in the certificates were true and correct.
2. King's failure to strictly comply with the proof-of-service requirement in section 10-10.1(a) of the Election Code deprived the circuit court of subject matter jurisdiction over her petition for judicial review.
3. The circuit court correctly dismissed King's petition for judicial review for lack of subject matter jurisdiction, regardless of whether its separate finding concerning service on the Board was correct.

Questions Presented

1. Whether King's certificates of service substantially complied with Illinois Supreme Court Rule 12(b)(5) and thereby satisfied the proof-of-service requirement in section 10-10.1(a) of the Election Code.
2. Whether failure to strictly comply with the proof-of-service requirement deprived the circuit court of subject matter jurisdiction over the petition for judicial review.
3. Whether the circuit court's dismissal of King's petition for judicial review should be affirmed.

Disposition

affirmed