Jacobs v. City of Chicago

On December 29, 1975, the Cook County Officers Electoral Board entered an order sustaining certain objections to the nominating papers of petitioner, Melvin B. Lewis, who sought nomination in the March 16, 1976, primary election as the Democratic candidate for the office of judge of the Appellate Court, First Judicial District, to fill the vacancy created by the retirement of the Honorable Robert E. English. While review of that decision was pending in the circuit court of Cook County (Ill. Rev. Stat. 1973, ch. 46, par. 10-10.1), petitioner was granted leave to file an original action in this court. On January 19, 1976, after hearing oral argument and upon consideration of the papers here on file, we determined the petition should be treated as one for a writ of mandamus. Considering the petition as such, we ordered that a writ of mandamus issue commanding the members of the Cook County Officers Electoral Board to expunge its order sustaining the objections to petitioners nominating papers; to enter an order denying such objections; and to transmit to the State Board of Elections a certified copy of its ruling in the manner provided by section 10-10 of the Election Code (Ill. Rev. Stat. 1973, ch. 46, par. 10-10). This opinion states the reasons for that order.