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WISNASKY-BETTORF v. PIERCE

No. 5-10-0265.

934 N.E.2d 623 (2010)

Whitney WISNASKY-BETTORF, Petitioner-Appellant, v. Peggy PIERCE, Objector, St. Clair County Electoral Board, Bob Delaney, Chairman, Robert Haida, Member, and Charles Suarez, Member, Respondents-Appellees.

Appellate Court of Illinois, Fifth District.

Rehearing Denied September 14, 2010.

Attorney(s) appearing for the Case

Brian M. Funk, Attorney at Law, O'Fallon, IL, for Appellant.

Robert J. Sprague, Sprague and Urban, Belleville, IL, Garrett P. Hoerner, Becker, Paulson, Hoerner & Thompson, P.C., Belleville, IL, for Peggy Pierce.

Justice WEXSTTEN delivered the opinion of the court:

This case requires us to construe section 7-61 of the Illinois Election Code (the Code) (10 ILCS 5/7-61 (West Supp.2009)). Specifically, we must determine whether an established political party must file a resolution pursuant to that section in order to fill a vacancy in nomination when no candidate appeared on the primary ballot for that party and no write-in candidate was nominated.

The petitioner, Whitney...

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