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Brennan v. Illinois State Board of Elections

Case Date: 12/26/2002
Court: 1st District Appellate
Docket No: 1-01-3712 Rel

FOURTH DIVISION
December 26, 2002




No. 1-01-3712


DENNIS BRENNAN,

                                     Petitioner,

v.

ILLINOIS STATE BOARD OF ELECTIONS, RONALD
D. MICHAELSON, Executive Director, ELAINE
ROUPAS, Chairman, WANDA L. REDNOUR, Vice
Chairman, JOHN R. KEITH, Board Member,
WILLIAM M. McGUFFAGE, Board Member, DAVID
E. MURRAY, Board Member, PHILLIP R. 
O'CONNOR, Board Member, ALBERT S. PORTER,
Board Member, JESSE SMART, Board Member, 
DAVID ZAPATA and THE COMMITTEE TO STOP
THE HURCKES FOUR,

                                      Respondents.

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) 		On Review of an Order of
the Illinois State Board of
Elections


No. 01 CD 14


JUSTICE KARNEZIS delivered the opinion of the court:

Petitioner Dennis Brennan (Brennan) appeals an order of the Illinois State Boardof Elections (Board) that found Brennan violated various sections of the Illinois ElectionCode (Election Code) (10 ILCS 5/1-1 et seq. (West 2000)). Specifically, the Boardfound that Brennan, as well as David Zapata and the Committee to Stop the HurckesFour, failed to comply with the Election Code's provisions relating to the disclosure ofcampaign contributions and expenditures. See 10 ILCS 5/9-1 et seq. (West 2000). Brennan brings this direct appeal for administrative review pursuant to section 9-22 ofthe Election Code, which provides for judicial review of an order of the Board directly inthis court. See 10 ILCS 5/9-22 (West 2000). Respondents are the Illinois State Boardof Elections, its board members, David Zapata and the Committee to Stop the HurckesFour. On appeal, Brennan contends: (1) the Board lacked jurisdiction to enter an ordermore than 60 days after the filing of its complaint; (2) his due process and equalprotection rights were violated; and (3) the Board's decision was against the manifestweight of the evidence. We affirm.

The Board filed a complaint against Brennan, Zapata and the Committee to Stopthe Hurckes Four for violating sections 9-2 (10 ILCS 5/9-2 (West 2000)), 9-3 (10 ILCS5/9-3 (West 2000)), 9-7 (10 ILCS 5/9-7 (West 2000)), 9-10(b-5) (10 ILCS 5/9-10(b-5)(West 2000)) and 9-26 (10 ILCS 5/9-26 (West 2000)) of the Election Code. Thecomplaint also alleged a violation of section 100.90 (26 Ill. Adm. Code