Fayhee v. State Board of Elections

In Fayhee v. State Board of Elections, 295 Ill. App. 3d 392, 692 N.E.2d 440, 229 Ill. Dec. 667 (1998), a registered voter seeking the judicial review of an order of the State Board of Elections failed to name the chairman of the board, despite his name appearing on the final order. Fayhee found that the circuit court had erred by relying on Bethany as precedent to dismiss the complaint. Fayhee stated that Bethany was based on "a due-process concern" that the party have a substantial interest. Fayhee, 295 Ill. App. 3d at 402, 692 N.E.2d at 446. Fayhee stated that this inquiry was "related to, but not dependent upon, application of section 3-107(a)." Fayhee, 295 Ill. App. 3d at 402, 692 N.E.2d at 446. Fayhee concluded that naming the chairman was unnecessary because he was merely an agent of the board and not a separate party for purposes of section 3-107.