Circuit Court of Cook County reinstates three Supreme Court candidates

Following an afternoon Zoom hearing, the Circuit Court of Cook County late yesterday issued an order reinstating the Supreme Court candidacies of Appellate Court Justice Susan F. Hutchinson, former Lake County Sheriff Mark C. Curran, Jr., and Highland Park Mayor Nancy Rodkin Rotering.

Hutchinson and Curran were, and will be again, subject to any further appeals, candidates for the Republican nomination for the Supreme Court in the newly redrawn Second Judicial District; Rotering was, and now is again, a candidate for the Democratic nomination for that seat.

At yesterday's hearing, counsel for all parties insisted that the principally disputed statute -- §7-10(h) of the Illinois Election Code, 10 ILCS 5/7-10(h) -- was clear on its face, but (of course) each side asserted that the 'clear' provisions of that text supported their diametrically opposed positions. Judge Maureen Hannon sought agreement from the parties that, given their respective positions, the statute must be ambiguous. In her subsequent written opinion, Judge Hannon stated, "A statute is ambiguous if it is capable of being understood by reasonably well-informed persons in two or more different ways. People v. Jameson, 162 Ill.2d 282, 288 (1994)."

This case arose from a decision of the Illinois State Board of Elections that went against the recommendation of its own hearing officer and general counsel. See, Three candidates removed from Supreme Court race in Second Judicial District.

Following the issuance of yesterday's order, Justice Hutchinson stated, "I'm very happy with this ruling. Judge Hannon studied the issues carefully, asked good questions and came to the correct conclusion."

Hutchinson's attorney, Keri-Lyn J. Krafthefer of Ancel Glink, added, "This is a victory for Justice Hutchinson, but also for the voters in the new second district who now have expanded choices in this important race."

Ed Mullen, of the Mullen Law Firm, represented Nancy Rotering. He said, "Judge Hannon’s decision is, in my opinion, consistent with the Election Code, relevant precedent, and the longstanding practice of the Illinois State Board of Elections. Ballot access is a substantial right in Illinois, not only for candidates, but for all voters to have choices. This decision gives voters in the Second Judicial District a real choice in the primary election, and I am thrilled that Democrats will have the opportunity to vote for Nancy Rotering for the Illinois Supreme Court."