A recent Illinois Supreme Court case underscores the importance of meeting deadlines outlined in the Illinois Election Code when it comes to filing election challenges. In the case of Ontiveroz v. Khokhar, the Supreme Court considered a dispute over the timeliness of filing election challenge petitions. Following the DuPage County Clerk’s certification of the election results for Glendale Heights village president, Mike Ontiveroz (who had lost by two votes) filed a Verified Petition to contest the results. Ontiveroz claimed that a disqualified candidate had misled voters about write-in ballots and that a number of these ballots should not be counted. 

The circuit court dismissed Ontiveroz’s case, finding that his petition was not filed in a timely manner as required by the Illinois Election Code, which states “the petitioner must file the petition contesting the election within 30 days after the declaration of the result.” 10 ILCS 5/23-20. The court reasoned that the election results were certified on April 27, 2021, and even though Ontiveroz filed his petition on May 27, 2021, he did not file the required verifications until June 1, 2021. The circuit court reasoned that the delay in filing the verifications put Ontiveroz outside of the 30-day filing window.

On appeal, the Appellate Court reversed the decision, finding that the Election Code allows for additional filings of verification(s) if the initial petition is timely filed. The Appellate Court’s decision was then appealed to the Illinois Supreme Court.

The Supreme Court agreed that the circuit court did not have jurisdiction over Ontiveroz’s petition, holding that circuit courts can only consider election contest matters if the filing party adheres to state law, including statutory filing timelines or other substantive requirements. As a result of Ontiveroz’s failure to file his petition and verification within the statutorily required 30 days, the circuit court did not have jurisdiction over the case and, it therefore must be dismissed.  

The decision in Ontiveroz v. Khokhar has significant implications for those involved in elections at the local level. The Supreme Court’s ruling reiterates the importance that candidates or other interested parties strictly conform to the timelines for filings outlined in the Illinois Election Code.

For more information about this article, please contact Tressler attorney
Jim Hess at jhess@tresslerllp.com.