Docket No. 111773.
THE STATE OF ILLINOIS
WALTER P. MAKSYM et al., Appellees, v. THE BOARD OF
ELECTION COMMISSIONERS OF THE CITY OF CHICAGO et
Opinion filed January 27, 2011.
JUSTICE THOMAS delivered the judgment of the court, with
Chief Justice Kilbride and Justices Garman, Karmeier, and Theis
concurred in the judgment and opinion.
Justices Freeman and Burke specially concurred, with opinion.
The petitioners, Walter P. Maksym, Jr., and Thomas L.
McMahon, filed written objections to the candidacy of the respondent,
Rahm Emanuel (the candidate), who seeks to be a candidate for
mayor of the City of Chicago in the municipal general election to be
held on February 22, 2011. After an evidentiary hearing, the Board of
Election Commissioners of the City of Chicago (the Board) dismissed
the objections and ruled that the candidate was entitled to have his
name included on the ballot as a mayoral candidate. The petitioners
sought judicial review in the circuit court of Cook County, which
confirmed the decision of the Board. The petitioners appealed, and the
appellate court reversed the circuit court’s judgment, set aside the